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DEPARTMENT OF PLANNING
215N.TiogoGt14850
007273.1747
O5/3O/20%2
TO: Codes and Ordinances Committee:
William Goodman, Chair
Eric Levine
Eva Hoffmann
Rob Rosen
ChriSJung
Arie| Casper
FROM: Christine Ba|estra, Planner
RE: Next Codes and Ordinances Committee Meeting—July h, 20%2
The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday,July 61h
at ia Zoom (details on the next page). A quorum of the Town of Ithaca Town Board
may be present at this meeting. However, no official Town Board business will be conducted.
The following items are attached:
l. Draft minutes from the May ll, 2022, meeting.
2. Additional sections—draft local |avv §270-219 Personal wireless service facilities (for
7/6/2022 CO[ noeeting\.
If you cannot attend this meeting, please notify Abby Homer as soon as possible at (607) 273-
1747, or .
cc Susan x.Brock,Attorney for the Town
Susan Ritter,Director vrPlanning
Marty Moseley,Director uf Code Enforcement
Abby Homer,Administrative Assistant
Paulette Rosa,Town Clerk<emaiV
Town Administrative staff(emaiV
Town Board Members(emaiV
Town Code Enforcement staff(emaiV
Town Planning staff<emaiV
Town Public Works staff(emaiV
Media
TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE
215 North Tioga Street
Ithaca, New York 14850
(607) 273-1747
PLEASE NOTE: Due to COVID-19 and the NYS legislation allowing virtual meetings (Chapter 56
of the Laws of 2022 signed by Governor Hochul on 4/9/22),this meeting will be held via the
Zoom audio/visual application with no in-person attendance permitted.
Members of the public who wish to view the meeting may visit the Town of Ithaca YouTube
Channel, where it will be livestreamed and recorded:
https://www.youtube.com/channeI/UCC9vycXkJ6kiViibjhCy7NQ/1ive
Meeting of July 6, 2022- 5:30 P.M.
AGENDA
1. Member comments/concerns.
2. Minutes from May 11, 2022, meeting.
3. Continued review of draft local law§270-219. Personal wireless service facilities.
4. Other business:
• Next meeting date: August 10, 2022
Town of Ithaca Planning Department
June 30,2022
TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COO
Meeting of May 11, 2022—5:30 pm—via Zoom and live on YouTube
Draft Minutes
Members Present: Bill Goodman, Chair, Eric Levine, Rob Rosen, Chris Jung -Members.
Staff Present: Chris Balestra, Planner; Susan Brock, Counsel; Marty Mosely, Director of Code
Enforcement; Susan Ritter, Director of Planning.
Guest: Ariel Casper,Town Planning Board member was introduced as potential member of the
Committee to fill the vacant Planning Board representative seat.
Member Excused: Eva Hoffmann
Bill set up the meeting to broadcast on YouTube along with the Zoom platform and the agenda
was reviewed. Planning Board Member Ariel Casper was introduced as potential representative
on the COC from the Planning Board.
1. Member comments/concerns: None.
2. Minutes: Eric moved to approve the 4/13/22 COC minutes as amended; Chris J. seconded.
All members voted in favor of approval.
3. Discussion of Draft Local Law-§270-219 Personal wireless service facilities: A partial
draft of the first part of the law was circulated to committee members with the input gathered
from the previous discussions and a recently adopted similar ordinance from another township in
NYS. There were questions for the committee to discuss highlighted in the draft and the
committee began review of each section of the document. Bill noted the email received from
Andrew & Marie Molnar with comments regarding the draft local law. Capitalization, number or
lettering, alphabetization and formatting is still being worked on in the draft. It is anticipated that
it will take an additional two meetings to dedicate to work on the complex language and details.
Committee changes included:
B. Definitions. [Question from Susan Brock: Due to the technical nature of the telecom provisions,
keep these definitions in §270 219 instead of putting them in §270-5 Definitions?] The committee
agreed to keep the definitions in 270-219. The committee also decided to review the necessity of
some of the definitions, such as "Amend," "Applicant," "Application," "Necessary," "State," etc.,
as they do not typically need to be defined and might not be referred to in the document body
(Chris B & Susan will go over the definitions internally before presenting revisions to the
committee).
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"ADEQUATE COVE RAG E"(Brock notes and questions:Adapted this from the Fishkill law. Need to
find out where the 97%came from. Separate issue: For collocations that staff(not the Planning
Board) will handle, do you want a Town Planner or a Code Enforcement Officer to make the
determination? If you want the Town Planner to do so, is "Town Planner"an official title? If not,
change to "Director of Planning"and state in the law that the Director of Planning may designate
their duties to Senior Planners and Planners (if those are the official titles)?] Committee and staff
agreed that the Planning Department should be handling the collocation applications, and that
the law should read "Director of Planning or designee" wherever the Town Planner is referenced.
Sue R. asked about the adequate coverage part related to the staff review: how would this be
determined and how technical would it be? Would an outside consultant need to be hired? Chris
B. noted that the internal staff reviews would be done in the same manner as the full Planning
Board reviews and that staff would apply the same criteria. Susan added that it should be simpler
to make the determination in the future, as the town would be receiving more detailed
quantifiable data for the affected geographical area. There will be a provision in the law for an
expert consultant to be hired, but it may not be necessary with complete applications for
collocations.
"SMALL CELL, SMALL WIRELESS FACILITY, MACROCELL" The committee discussed if these were
three separate things. Susan noted that these will need to meet the same federal definition—she
will research further.
C. General approval and permit requirements for personal wireless service facilities. Susan asked
if the committee still wanted to not allow small wireless facilities in Historic Districts, which can
be added to "C" if it is still the consensus. Chris B noted that the aesthetic requirements had
statements prohibiting the facilities in Historic Districts for individual small cell sites and groups of
small cell facilities (DAS), so this was a previous committee decision.
D. Approvals and permits required for personal wireless service facilities and Section 6409(a)
eligible facilities.
(1) "All PWSFs shall require a building permit issued by a Code Enforcement Officer, where the
New York State Uniform Fire Prevention and Building Code or the Ithaca Town Code requires
a building permit." Marty was asked if both the NYS and Town Code should be referenced
here, and he replied only the Town Code requires the building permit. Therefore, any NYS
Code references should be removed. The sentence in (1) will now read "All PWSFs shall
require a building permit issued by a Code Enforcement Officer where the Ithaca Town Code
requires a building permit."
(2) "All PWSFs proposed to be collocated on an existing structure, and their related ground-
mounted or underground facilities and equipment, shall require a PWSF permit issued by a
Town Planner." [Brock comment and question: This works forsmall wireless facilities that
remain small wireless facilities after collocation. For all other collocations, are there situations
under which site plan approval should be required? What if collocation requires tower height
to increase by x, or antennas to jut out from the tower more than x feet, or the numbers of
2
cabinets to increase by more than x? For example, the Town of Fishkill requires more process
if the collocation will:
(a) Increase the approved height of the supporting structure by more than 15%
(b) Cause the original approved number of antennas to be exceeded by more than 50%
(c) Increase the original approved square footage of accessory buildings by more than
200 square feet;
(d) Add new or additional microwave antenna dishes;
(e) Expand the footprint of said support structure; or
(f) Cause adverse impacts on the existing support structure or the surrounding area.]
The committee supported having collations go to the Planning Board and not staff. Regarding
the Fishkill list above,the committee really liked the list and would like to incorporate it into
the town's law, with at least one exception: in (d), delete "Add new or," so it just refers to
additional microwave antenna dishes. The committee thought it was redundant to say, "add
new or additional." Susan offered to review the current Town of Ithaca streamlined provision
thresholds with staff and compare them with other town laws in NYS for proposed thresholds
at a future COC meeting.
(3) "All PWSFs that do not fall under subsection 2 above shall require site plan approval and a
PWSF permit, both issued by the Planning Board pursuant to the requirements of this section
and in accordance with Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval
Procedures)" [Brock question: What if a group of PWSFs is proposed, with some collocated on
existing structures and others to be placed on proposed new structures? Treat them as a
group and require site plan approval?]Yes, the committee confirmed the previous COC
determination that the groups would go to the Planning Board.
(4) Marty noted there was another reference to the NYS Code in this section and reminded the
committee that all references to NYS Building Code should be removed.
F. Applications for personal wireless service facilities and Section 6409(a) eligible facilities. [Brock
comment: This section and many more to come. Current members of the COC should also review
the aesthetic criteria below that the COC previously developed and that will be incorporated into
the law. COC should discuss whether the categories below still make sense, or whether they
should be changed or consolidated. There are no criteria for large new towers (new towers that
are not small wireless facilities). The current Town Code provisions in §270-219 have some
general requirements. Should any of the criteria below also apply to large new towers?]
The committee reviewed the aesthetic requirements after Chris B. explained the background in
compiling these items, which was taking some of the provisions currently in place for large towers
and adding other language from other municipal laws. Chris stated that the existing provisions
seemed to work well and that the provisions include Planning Board authority to add criteria that
is specific to a facility (270-219.H(7)). Chris reminded the committee that the intent of all the
3
aesthetic provisions was to minimize visual impacts. The new aesthetic provisions are sectioned
out by type of facility.
References related to historic districts were discussed, along with scenic viewsheds. Chris noted
that there is one historic district currently in the town -the Forest Home Historic District. The
committee discussed whether small cell facilities should be prohibited in these districts, but no
decisions were made.
The following criteria item (duplicated in all sections of the aesthetic criteria list) was discussed—
the words in bold were added and approved by the committee at the meeting:
a) There shall be no exposed wires. All cables and wires associated with the facility leading to
and away from the facility must be fully concealed and the cable covering, or conduit shall
match the color of the structure on which the facility is located. There shall be no external
cables and wires related to the facility hanging off or otherwise exposed.
There were no committee oppositions to any of the other aesthetic requirements listed in the
draft. Bill reminded the committee that they still needed to discuss and consider setbacks. Susan
will have more draft provisions for the committee to review at the next meeting.
4. Other business: The committee discussed the town's new video conferencing policy that
takes effect June 91". A copy of the policy would be sent to the members and staff. The June 8tn
COC meeting will likely be the last full virtual meeting and the town policy will be followed for
subsequent meetings. In summary, the policy requires a quorum (4 in the case of COC) of the
"public body" to be present for the public in the advertised location(s) and remote attendance
beyond the quorum is only allowed under extraordinary circumstances (e.g., disability, illness or
significant health concerns requiring precautionary actions, caregiving responsibilities, other
significant or unexpected factors or events, and events when a member is out of town for a short
duration). It was also noted that during a declared "State of Emergency" by the Governor,the
meetings can be completely virtual.
It is unknown whether the COC is considered a "public body" and therefore subject to the new
rules. Susan will investigate.
Next meeting: June 8, 2022 (no public comment will be taken), note July meeting moved to the
15t Wednesday,July 61" (from the 131") due to the chair being out of town on the second
Wednesday in July.
Agenda: Continued review and discussion of Draft Local Law- §270-219 Personal wireless service
facilities (public comment will not be taken).
The meeting adjourned at 7:18 p.m.
4
FOR 7/6/22 COC MEETING—ROUGH DRAFT
FIRST PART OF LAW WAS DISCUSSED AT THE 5/11/22 COC MEETING,AND
MANY OF THE CHANGES REQUESTED AT THE MEETING HAVE BEEN MADE
AND ARE SHOWN IN RED-LINE. NEW PROVISIONS BEGIN ON PAGE 21.
§ 270-219 Personal wireless service facilities.
A. Purpose and legislative intent.
(1) The purpose of this section is to establish uniform standards for the siting, design, permitting,
maintenance, and use of personal wireless service facilities in the Town of Ithaca. While the
Town recognizes the importance of personal wireless service facilities in providing high-
quality communications service to its residents, businesses and institutions, the Town also
recognizes that it has an obligation to protect public safety and to minimize the adverse
effects of such facilities.
(2) By enacting this section, the Town intends to:
(a) Provide for the managed development of personal wireless service facilities in a manner
that accommodates the needs of Town residents, businesses and institutions to receive,
and wireless carriers to provide, communication signals without interference from other
communication providers, in accordance with federal, state and local laws and
regulations;
(b) Establish fair and efficient processes for review and approval of applications;
(c) Establish procedures for the design, siting, construction, installation, maintenance and
removal of personal wireless service facilities in the Town;
(d) Encourage the co-location of personal wireless service facilities on existing structures
rather than the construction of new support structures;
(e) Protect Town residents,businesses and institutions from potential adverse impacts of
personal wireless service facilities, to the maximum extent permitted under law;
(f) Avoid and minimize safety hazards and avoid potential damage to adjacent properties
through proper locational, engineering and operational requirements;
(g) Protect the physical appearance of the Town and preserve its scenic and natural beauty by
avoiding and minimizing adverse visual and aesthetic impacts of personal wireless
service facilities to the maximum extent practicable through careful design, siting,
landscaping, screening and innovative camouflaging techniques;
(h) Protect the public health, safety and welfare;
(i) Protect property values of the community;
0) Minimize the impact of such facilities on residential properties; and
(k) Encourage the siting of personal wireless service facilities on properties and areas which
are not used exclusively for residential purposes.
B. Definitions. As used in this section, the following terms shall have the meanings indicated:
[Definitions are from the Town of Fishkill law. I have worked my way through some of
them. Some need to be revised (not just those marked as such), and some more may be
deleted.]
decided at its 5/11/22 meeting that the technical nature of the telecom,
Provisions these definitions will be kept in 270-219 instead
asked that defined terms be capita ized throughout the law, which we
will do once we decide which definitions to retain. Per COC's direction and Susan
went through itions and deleted those for common words without specialized
meanings that the Zoning chapter does not normally define.)
ACCESSORY EQUIPMENT
Equipment installed, mounted, operated or maintained in close proximity to a PLIersonal
wWireless ,,Service Facility to provide power to the pEersonal wWireless 6ervice Facility or
to receive, transmit or store signals or information received by or sent from a pRersonal
wWireless sService fFacility.
ACHP
The federal Advisory Council on Historic Preservation.
ADEQUATE COVERAGE
As determined by the Planning Board or To�, Director of Planning, Adequate Coverage
means that a specific Wireless Carrier's Personal Wireless Service coverage is such that the vast
majority of its customers can successfully use the carrier's Personal Wireless Services the vast
majority of the time, in the vast majority of the geographic locations within the Town, that the
success rate of using their devices for Personal Wireless Services exceeds 97%, and that any
geographic gaps in a Wireless Carrier's Personal Wireless Services are not significant gaps,
based upon such factors including, but not limited to, physical size of the gap, number of
customers affected by the gap, whether the gap is in a lightly traveled or lightly occupied area,
drop call or failure rates, and whether or not the Wireless Carrier's customers are affected for
only limited periods of time. A Wireless Carrier's Personal Wireless Service coverage shall not
be deemed inadequate simply because the frequency or frequencies at which its customers are
using its Personal Wireless Services are not the Wireless Carrier's most-preferred frequency.
[Adapted this from the Fishkill law. Need to find out where the 97% came from. Sepafate-
2
y>
o] d at its /11/22
meetina to have the Director of Plannin or their designee make the deter inationj
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ANTENNA
,
desi€�ned fc�r the tour csse ref rr�ztti radio ecfu�ncy(I ) radi .fzc�i�„ t�s be c�l�c�afccf r�r c� cra in&
from a fix mission authorimtic�n„ foi the
l�rcwisic�n cif ers�na.l Tireless Service and any cc�mnzin lecf infcmmlation services. 1 car��
of this de entional radiator mobile station car
device authorized under 47 C:FR d and the
next two are from the f`clder al re ulationsl
AN"rENNA E C1I �
li;cluil7sraent„ switches„ whin r„ ca:l7lim cswer scsurces„ shelters css cabinets associated with an
rtenna lcscated at the sarr�e fixed lcscaticsn as the rteisna ancf when collocated can a Structure
is mounted or installed at the same time as such Antenna,
AN"rENNA EACILI"ry
An Antenna,and associated 1lntenna l,,uilsnlent,
MAC AN
'".
,s rs r a w A 44 0N
3
CELL TOWER
A free-standing, guy-wired, or otherwise supported pole, Tower, or other structure designed to
support or employed to support, equipment and/or antennas used to provide Personal Wireless
Services, including, but not limited to, a pole, monopole, monopine, slim stick, lattice Tower or
other types of standing structures. e need this definition—need to understand
Fishkill law refers to "cell towers and other Personal Wireless Service Facilities" instead of
dust P SFs� whi�°h eneo bass �°eI towers and other types of snort strueturesl
ver used in Fishkill IaLwj
COLLOCATION and/or COLLOCATE
The mounting or installation of FCC-licensed or FCC-authorized wireless communication
service transmission equipment on an existing structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
ishes the same
DEPLOYMENT jTBI)4f4h&4s-*e�
The placement, construction, or - 1, modification of a Personal Wireless Service(Facility..
ion makes this definition consistent with that in federal reulations�
DIRELTOR OF PLANNING
The Town of Ithaca's Director of PlanninL,or their desiLniee,
DISTRIBUTED ANTENNA SYSTEM, DAS
A network of spatially separated antenna nodes connected to a common source via a transport
medium that provides Personal Wireless Services within a geographic area.
EFFECTIVE PROHIBITION [rework this definition and move part of it out of the
4
definitions and to a substantive provision later in the law]
A finding by the Planning Board or T Director of Planning that, based upon an
Applicant's submission of sufficient probative,relevant, and sufficiently reliable evidence, and
the appropriate weight which the Board deems appropriate to afford same, an Applicant has
established that an identified Wireless Carrier does not have Adequate Coverage,but suffers
from a significant gap in the provision of its Personal Wireless Services within the Town and that
a proposed installation by that Applicant would be the least intrusive means of remedying that
gap, such that a denial of the Application to install such installation would effectively prohibit
the carrier from providing Personal Wireless Services within the Town. Any determination of
whether an Applicant has established, or failed to establish, both the existence of a significant
gap and whether its proposed installation, at the site chosen, the specific location on that
proposed site, and the proposed minimum height for the new facility, shall be based upon
Substantial Evidence, as is hereinafter defined.
ELEVENTH HOUR SUBMISSIONS
An Applicant's submission of new and/or additional materials in support of an Application
within 48 hours of the expiration of an applicable Shot Clock, or at an otherwise unreasonably
short period of time before the expiration of the Shot Clock, making it impracticable for the
Planning Board, 44Yw P Director of Planning or Code Enforcement Officer to adequately
review and consider such submissions due to their complexity, volume, or other factors, before
the expiration of the Shot Clock.
ELIGIBLE FACILITIES REQUEST
A request that meets the requirements in 47 CFR § 1.6100 for modification of an existing
tower or base station that does not substantially change the physical dimensions of such tower or
base station and involving:
(a) Collocation of new transmission equipment;
(b) Removal of transmission equipment; or
(c) Replacement of transmission equipment,
feleted "PWSF" because these requests are defined to in C®authorized
wireless communications service (not lust personal wireless services�l
EPA
The United States Environmental Protection Agency.
FAA
The Federal Aviation Administration.
5
FACILITY ire o.k 4h eh-1 *4on-
ntenna Fat ilzty or a St��ac tu.re that is used.
for the provision of I�ersonal Wireless Service, whether such Service is x7rovicled on a, stand-
alone basis or commingled with other wireless communicaaions services. (This is the definition
in the federal regulations)
FCC
The Federal Communications Commission.
GENERAL POPULATION/UNCONTROLLED EXPOSURE LIMITS
The applicable radiofreguency radiation exposure limits set forth within 47 CFR §1.1310(e)(1),
Table 1 Section (ii), made applicable pursuant to 47 CFR §1.1310(e)(3).
HEIGHT [rework]
When referring to a Tower, Personal Wireless Service Facility, or Personal Wireless Service
Facility structure, the Height shall mean the distance measured from the pre-existing grade level
to the highest point on the Tower,Facility, or structure, including,but not limited to, any
accessory, fitting, fitment, extension, addition, add-on, antenna, whip antenna, lightning rod or
other types of lightning-protection devices attached to the top of the structure.
ILLEGALLY EXCESSIVE RF RADIATION or ILLEGALLY EXCESSIVE RADIATION
RF radiation emissions at levels that exceed the legally permissible limits set forth within 47
CFR §1.1310(e)(1), Table 1 Sections (i) and(ii), as made applicable pursuant to 47 CFR
§1.1310(e)(3).
[ efinition of° Bair
includes this idea., so law will not inelude duplicative "in-kind re� ent'" liras l
w
rNot needed—Fishkill law used it only in three definitions two of
which we have deleted, and the term is being deleted from the third definition because it
adds nothing to that definition
6
MAINTENANCE or ROUTINE MAINTENANCE
Plumbing, electrical or mechanical work that may require a building permit but that does not
constitute a modification to the Personal Wireless Service Facility. It is work necessary to assure
that a wireless Facility and/or telecommunications structure exists and operates: reliably and in a
safe manner, presents no threat to persons or property, and remains compliant with the provisions
of this chapter and FCC requirements.
C'4�,' ' �T�rr
a � .`
9
• „ a .„ .. a gt'9J'Sr§ at�Q-l�,1* ]�i-9va®[v !1w* ll aro� a1[„ t`'„
NEPA
The National Environmental Policy Act, 42 U.S.C. §4321 et seq.
NHPA
The National Historic Preservation Act, 54 U.S.C. 300101 et seq., and its regulations at 36 CFR
Part 800 et seq.
NODE, DAS NODE
A fixed antenna and related equipment installation that operates as part of a system of spatially
separated antennas, all of which are connected through a medium through which they work
collectively to provide Personal Wireless Services a..„
,I
OCCUPATIONAL/CONTROLLED EXPOSURE LIMITS
The applicable radiofrequency radiation exposure limits set forth within 47 CFR §1.1310(e)(1),
Table 1 Section (i), made applicable pursuant to 47 CFR §1.1310(e)(2).
PERSONAL WIRELESS SERVICE, PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services, and common carrier wireless
exchange access services, within the meaning of 47 U.S.C. §332(c)(7)(c)(i), and as defined
7
therein.
PERSONAL WIRELESS SERVICE FACILITY or PWSF
A Facility or facilities used for the provision of Personal Wireless Services, within the meaning
of 47 U.S.C. §332(c)(7)(c)(ii). This term includes structures, antennas, poles, towers, cables,
cabinets, equipment enclosures, equipment, and aAccessory eEquipment and related
improvements used to provide Personal Wireless Services.
PERSONAL WIRELESS SERVICE FACILITY PERMIT
The perrriit granted by the Director of uaiit to which an Applicant is allowed to
construct and use a Personal Wireless Service Facility, [Should the Planning Board issue this
Permit ere the PB issues site Tarr a roval6� This is a errnit with terms and co
so it seems ore a ro riate to have the Director of Plann of Code
Enforcement) issue this permit even if the Planning Board does site Plan review.
PWSF
Personal Wireless Service Facility.
REPAIRS
The replacement or repair of any components of a wireless Facility where the replacement is
substantially identical to the component or components being replaced, or for any matters that
involve the normal repair and Maintenance of a wireless Facility without the addition, removal,
or change of any of the physical or visually discernible components or aspects of a wireless
Facility that will impose new visible intrusions of the Facility as originally permitted.
RF
Radiofrequency.
RF RADIATION
Radiofrequency radiation, that being electromagnetic radiation which is a combination of electric
and magnetic fields that move through space as waves, and which can include both Non-Ionizing
radiation and Ionizing radiation.
SFX!
in one
ill add NHPA reference therel
SETBACK [rework]
The distance between (a) any portion of a personal wireless Facility, including but not limited to
8
any and all accessory facilities and/or structures, and(b) the exterior line of any parcel of real
property or part thereof which is owned by, or leased by, an Applicant seeking an approval or
permit to construct or install a personal wireless Facility upon such real property or portion
thereof. In the event that an Applicant leases only a portion of the lot, the Setback shall be
measured from the Facility to the line of that portion of the real property which is leased by the
Applicant.
SEQRA
The New York State Environmental Quality Review Act, 6 NYCRR Part 617 et seq.
SHOT CLOCK [make sure this follows wording in FCC Orders]
The applicable period which is presumed to be a reasonable period within which the Town is
generally required to issue final decisions upon an Application seeking approvals and permits for
the installation or substantial modification of a Personal Wireless Services Facility or structure,
to comply with Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA.
SHPO
The New York State Historic Preservation Office
-
ti ,
�°,�„�' � �{, .[This ter is never used in the Fishkill law��
SMALL WIRELESS FACILITY [ Revised to
match the definition in the federal regulations]
A Personal Wireless Service Facility that meets all of the following criteria:
(a) The Facility
�) is rrioui�ted oi� �. Structlare SO feet or less ii�hei�ht� ii�cludin� its antei�i�as; or
(ii) is mounted on . Structure i�o more than 1(1 percent t .11er than other adFiacent
structures, or
iii does i�ot extend the existing structure on which it is locaaed to a height ofmore than
9
50 feet or by more than 10percei�t„ whichever is greater;
(b) Each antenna associated with the Deployment, excluding associated antenna ec ui�)rneiyt„ is no
more than three (3) cubic feet in volume;
(c) H4
v All other wireless euipmei�t associated with the Structure, includii� the wireless
e ui�ment associated.with the Ai�tenna and. anv pre-existing associated equipment on the
Structure is no more than 2S cubic feet in volume;
�) The Facility does not recluiie antei�i�a,structure registration under 47 CFR Part 17
(Construction„ P✓larlcin�„ anti. L,i %g of Antenna `�tructures�;
(de) The Facility is not located on tribal lands„ as defined under 30 CFR §8K16 x); and
(ef) The Facility will not result in human exposure to radiofrequency radiation in excess of the
applicable FCC safety standards set forth within Table 1 of 47 CFR §1.1310(E)(1).
this definition so it is
placed in alDhabetical ordcr�
STEALTH or STEALTH TECHNOLOGY
A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and generally in the same area as the
requested location of such Personal Wireless Service Facilities. This shall mean building the
least visually and physically intrusive Facility under the facts and circumstances.
STRUCTURE
A pole, Tower,base station,building, water tank, or other physical support of any form„ whether
or not it has an existin,Antenna.Facility„ that is used ;or to be used for,the provision of
Personal Wireless Service s of services)._
f I"his is the definition in the feder ishkill's law to make
explicit that water tanks and other types of Dhvsical support are included in the dcfinition�
SUBSTANTIAL EVIDENCE
10
Substantial Evidence means such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion. It means less than a preponderance but more than a scintilla of
evidence.
TCA
The Telecommunications Act of 1996, 474-k<<;)S.C. §332(c).
TOLLING or TOLLED
The pausing of the running of the time period under the applicable Shot Clock.
TOWER, TELECOMMUNICATIONS TOWER
Any Structure designed primarily to support one or more antennas and/or equipment used or
designed for receiving and/or transmitting a wireless signal.
TOWN
The Town of Ithaca.
UNDERTAKING [rework]
Any Application for a special permit seeking Board approval for the installation of a Personal
Wireless Services Facility licensed under the authority of the FCC shall constitute an
undertaking within the meaning of NEPA, in accord with 42 CFR §137.289 and 36 CFR
§800.16.
WIRELESS CARRIERS or CARRIER
Companies that provide Personal Wireless Services to end-use consumers.
C. General approval and permit requirements for personal wireless service facilities.
(1) Subject to the provisions of this section, personal wireless service facilities ("PWSFs") are
allowed in every zoning district in the Town. [At the 5/11/22 COC meeting, the COC said
it still needs to decide if PWSFs are prohibited in historic districts]
(2) Except as otherwise provided by this section, no person shall be permitted to , ,
b °° d �, I)epJoy,operate or prepare any site for the-p -
. I)eplo ii of PWSFs without having first obtained the approvals and permits required
by this section.
(3) Repairs to and/or Maintenance of an leley-
existing w4f4
PWSF shall not require site plan approval or a PWSF permit.
11
(4) In addition to the requirements set forth in this section for the issuance of a PWSF permit
and, where applicable, site plan approval, any telecommunications provider seeking to place
a PWSF in the public right-of-way shall also comply with the procedures and requirements
set forth in Chapter 230 (Streets and Sidewalks) of the Town Code relating to conducting
construction activities within the public right-of-way. To the extent any provisions in Chapter
230 are inconsistent with the provisions set forth in this section, the provisions in this section
shall control.
(5) Notwithstanding the provisions set forth in this section, in the event an application seeks to
place a PWSF on property owned or controlled by the Town, other than within a Town-
owned public right-of-way, such application shall be exempt from the requirements of this
section. The Town Board has sole and absolute discretion to determine whether to allow an
applicant to place a wifePes. a �, '- PWSF on such Town property, and
the Town Board may impose such conditions on any such placement and use as it deems
appropriate. Nothing herein shall be deemed to create any right or entitlement to use Town
Property for such w4f�7�t,t, am7�,.,, +; ,,. .;7;�yPWSF.
. . �I'] ZEL7C4XTT7-Y-CEL+-TZT
D. Approvals and permits required for personal wireless service facilities and Section
6409(a) eligible facilities.
(1) All PWSFs shall require a building permit issued by a Code Enforcement Officer, where the-
the Ithaca Town Code
requires a building permit.
(2) !, A Small Wireless Facility proposed to be collocated on an existing
4-fu4ta=eSmall Wireless Facility that wilt remain a Small Wireless facility after the
Collocation, and ` • its related ground-mounted or underground facilities and equipment,
shall require a PWSF permit issued by ° tithe Director of Planning.
�3) A Srria.11 Wireless Facilityt�rol�osed to he collocated on an existing; Small Wireless Facility
that will no longer he . Small Wireless facility a.fder the c ollocaaion, and its related groom
mounted or under round facilities a.nd e ui meta shall rec oars both a hWSF permit issued.
by the Director or Plannit�� and site plan approval by the Plat�in�Board..
(4) A I�WSF proposed to lie collocated on an existing PWSF that is not an Small Wireless
Facilit tment,
shall r 11
�prova.l by the P1at �it�€� Board is required if the osed PWSF collocation will:
12
0% over
of Lantennas-
,i,e feet over the
LdLAdd one or inore microwave antenna&hes,or
(ehl,'-x and the footprint of the suD ort Structure,
f5L Where more than one P collocated on an
existin ollocated P)YSFshshall rec uire
both a
[COC agre d at its 5/11/22 meeting_that there are situations under whi
r(rval should be isions above contain rrrendaticurrs by
Chris Susan B fire f collocations that should get site plan
revie drawn from the Fishk t we are not
we want the thresholds to be o he other
needed because the ill tell us if t
structure can handle the collo WSF
errnit for that rea n to send it to the PB for site Wan review gust because
the suDDort structure is inadeguate
13
(46) All PWSFs that do not fall under subsection 2-5 above shall require a PWSF issued by
the Director of Planning and site plan approval aware-& N Vr&� �° ^, by the
Planning Board pursuant to the requirements of this section and (for site plans in accordance
with Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval Procedures).
[What if a group of PWSFs is proposed,with some collocated on existing structures and
others to be placed on proposed new structures? Treat them as a group and require
site plan approval?] ove.l
(47) Notwithstanding subsections -32-66 above, any application that asserts Spectrum Act §
6409(a) applies and that meets the requirements in 47 CFR § 1.6100 for an eligible facilities
request shall not require site plan approval. If such application is for personal wireless
services, a PWSF permit issued by a��'°,� �the Director of Planning-is required, and
a building permit issued by a Code Enforcement Officer is also required ifs-N
the Ithaca Town Code requires a
building permit. If such application is for FCC-authorized wireless communication services
other than personal wireless services, all that shall be required is a building permit issued by
a Code Enforcement Officer, if
Ga�the Ithaca Town Code requires a building permit.
E. Shot Clock Periods and Tolling
(1) To comply with the requirements of 47 U.S.C. § 332(c)(7)(B)(ii) of the TCA, and unless
Tolled, extended by agreement, or subject to reasonable delays due to circumstances beyond
the Town's control, as described in subsections (0), (P), (Q), and (R)below, the Planning
Board and Town officials shall issue, grant or deny PWSF site plans, PWSF permits and
building permits within the following number of days from Town receipt of an Application
for same: [rework wording above]
(a) For Collocated facilities:
(i) Sixty (60) days for PWSFs that meet the requirements in 47 CFR § 1.6100 for an
eligible facilities request.
(ii) Sixty (60) days for Collocation of a new Small Wireless Facility upon an existing
Small Wireless Facility Structure, where the completed Facility would still constitute
a Small Wireless Facility after the collocation.
(iii)Ninety (90) days for all other Collocations of PWSFs on an existing structure.
14
(b) For noncollocated facilities:
(i)Ninety (90) days for new Small Wireless Facilities.
(ii) One hundred fifty (150) days for all other PWSFs.
(2) Upon receipt of an Application, the 44YN+i7P4° rDjrector of Planning shall review the
Application for Completeness. If the TI)irector of Planning determines the
Application is: (a) incomplete, ,i �� � �, (ob) is the wrong
type of Application, or(dc) is otherwise defective, then the T Djrector of
Planning o4.� ,, ���shall send the Applicant a Notice of Incompleteness by email or
first class mail to the N+,�;,��`s email or rnailin address provided by the Applicant.
LCOC should discuss whether/how to irrc rtment's buildirr
Der it review into this process<1
(3) For Small Wireless Facilities, the Notice of Incompleteness shall be sent within ten (10) days
of the Town's receipt of the Application. For all other PWSFs, the Notice of Incompleteness
shall be sent within thirty (30) days of the Town's receipt of the Application.
(4) The Notice of Incompleteness shall describe t . a
why the Application is incomplete the wron- type, or defective.
(5) For proposed Small Wireless facilities, the T,,w+4-14^f~e~Director of Planning's sending of a
Notice of Incomplete Application for a Small Wireless Facility shall reset and Toll the
relevant Shot Clock. The reset shot clock shall begin running upon the Town's receipt of any
responsive materials from the Applicant.
(6) For proposed PWSFs other than Small Wireless Facilities, the 44.,,*P' n4+efDirector of
Planning's sending of a Notice of Incomplete Application for a Small Wireless Facility shall
Toll (but not reset) the relevant Shot Clock. The shot clock shall begin running again upon
the Town's receipt of any responsive materials from the Applicant.
(7) If upon receipt of any responsive materials from the Applicant, the 44YN+i -41 a*ne Director of
Planning determines that the Application is still incomplete or defective, then the
PIa*aefDirector of Planning shall, within ten (10) days of receipt of such responsive
materials, send the Applicant another Notice of Incompleteness by email or first class mail to
the • -, email or mailing address provided by the Applicant. Regardless of the
type of PWSF, the Tr,,.,n��-Director of Planning's sending of this second Notice of
Incomplete Application shall again Toll(but shall not reset) the relevant Shot Clock, which
15
shall resume running upon the Town's receipt of any responsive materials from the
Applicant. The same procedure may continue to be repeated with subsequent Applicant
submissions and Notices of Incompleteness.
F. Extensions & reasonable delay periods
(1) Shot Clock Extension by Mutual Agreement
The Planning Board(if applicable), T',,�,�Qirector of Planning or Code Enforcement
Officer may extend any applicable Shot Clock period by mutual agreement with an
Applicant. The agreement may either be in writing or stated on the record at any public
meeting.
(2) Reasonable Delay Extensions of Shot Clock Periods
The Town recognizes that there may be situations wherein, due to circumstances beyond the
control of the Planning Board, the Planning Board's review and issuance of a final decision
upon an Application for site plan approval and a PWSF permit cannot reasonably be
completed within the Application Shot Clock periods delineated within subsection E above.
In such situations, the Planning Board shall be permitted to continue and complete its review,
and issue its determination at a date beyond the expiration of the applicable period, if the
delay of such final decision is due to circumstances including,but not limited to, those set
forth within Sections §150(0), (P), (Q), and (R) herein below. [Need to check FCC Orders
for the wording and reasonable delay rationales.]
. .. mom°
WW-
. There are no criteria for new
large towers (new towers that are not small wireless facilities). The current Town Code
provisions in §270-219 have some general requirements. Should any of the criteria below
also apply to new large towers?]
[At its 5/11/22 meeting, COC stated if it decides to prohibit PSWFs in historic districts,
then references to historic districts in the aesthetic criteria will be deleted where
appropriate.] [Will relocate aesthetic criteria and will make ter inoo consistent with
16
rest of the la l
For Cell Antenna Collocations onto existing communications towers that are considered
"substantial" under §6409 (FCC Order 2014):
a) There shall be no exposed wires. All cables and wires associated with the facility
leading to and away from the facility must be fully concealed and the cable
covering or conduit shall match the color of the structure on which the facility is
located. There shall be no external cables and wires related to the facility
hanging off or otherwise exposed.
b) Each antenna shall be located within a stealth enclosure that matches the
materials, color and design of the tower on which the antenna is located.
c) All equipment enclosures shall be as small as possible and undergrounded when
possible. Building-mounted enclosures shall be located within a stealth
enclosure that matches the materials, color and design of the structure on which
the enclosure is located. Ground-mounted enclosures shall have appropriate
vegetative buffering to buffer the view from neighboring residences, recreation
areas and public roads. The Planning Board may require screening adjacent to
waterways, landmarks, refuges, community facilities, or conservation or historic
areas within common view of the public. Collocations along New York State-
designated Scenic Byways or located within an area listed in the Tompkins
County or Town of Ithaca Scenic Resources Inventory must be as visually
inconspicuous as possible. The views of, and vistas from, such structures,
districts, and corridors shall not be impaired or diminished by the placement of
wireless facilities.
d) There shall be no illumination, except in accord with state or federal regulations.
e) No portion of the wireless support structure or its accessory structures shall be
used for signs or promotional or advertising purposes, including, but not limited
to, company name, phone numbers, banners, streamers and balloons.
f) Access to the facility shall be achieved by using existing public or private roads;
no new accessway, driveway or parking area shall be constructed. Equipment or
vehicles not used in direct support, renovations, additions or repair of any
wireless facility shall not be stored or parked on the facility site.
For Small Wireless Facilit Nodes rwaae sure
"node" is broad enough to cover,multi le de igymen s that are riot A 1:
a) If the node is located within a public ROW,then the preferable placement
locations are the same as in the existing law for towers (e.g. most preferred=
17
collocation on existing towers, utility poles or other structures; least preferred=
installing all new poles)
b) If collocation is not possible, then all new poles and equipment must be the same
height, color and finish as surrounding poles.
c) There shall be no exposed wires. All cables and wires associated with the facility
leading to and away from the facility shall be installed underground. If
undergrounding is not possible, then all cables, wires and connectors must be
fully concealed on the wireless support structure and the cable covering or
conduit shall match the color of the wireless support structure. There shall be
no external cables and wires related to the facility hanging off or otherwise
exposed on the wireless support structure.
d) Each antenna shall be located entirely within a shroud or canister type
enclosure or a stealth facility. The diameter of an antenna enclosure at its
widest point should not be wider than two times the diameter of the top of the
wireless support structure.
e) All antenna enclosures shall either be mounted to the top of the wireless support
structure pole and aligned with the centerline of the support structure or
mounted to the side of the structure such that the vertical centerline of the
antenna enclosure will be parallel with the wireless support structure. Stealth
enclosures shall match the architecture, materials, color and design of the
structure on which they are located (e.g. streetlight pole, building rooftop
chimney, cupolas, etc.) Photo examples of stealth applications include the
following (source: stealthconcealment.com):
%%% /a/
M u
�wii�ii
f) All equipment enclosures shall be as small as possible and undergrounded when
possible. Ground-mounted equipment shall incorporate concealment elements
into the proposed design, matching the color and materials of the wireless
support structure. Concealment may include, but shall not be limited to,
landscaping, strategic placement in less obtrusive locations and placement
within existing or replacement street furniture (see photo example of stealth
pole above).
g) Tree "topping", or the improper pruning of trees is prohibited. Any proposed
pruning or removal of trees, shrubs or other landscaping already existing in the
18
right-of-way must be noted in the site plan application and must be approved by
the Planning Board.
h) There shall be no illumination, except in accord with state or federal regulations,
or unless the illumination is integral to the camouflaging strategy (e.g. design
intended to look like a streetlight pole).
i) Guidelines on placement: node facilities and wireless support structures shall
be located:
1. No closer than 1,500 feet away, radially, from another small wireless facility
and support structure, unless the telecommunications provider can prove
that the facilities need to be closer together to meet a specified legal
standard.
2. In alignment with existing trees, utility poles, and streetlights.
3. Equal distance between trees, when possible, with a minimum of 15 feet
separation such that no proposed disturbance shall occur within the critical
root zone of any tree.
4. So as to be not located along the frontage of any building that is listed on the
National or State Register of Historic Places, or has been determined by the
Commissioner of the NYS Office of Parks, Recreation and Historic
Preservation to be eligible for listing on the State Register of Historic Places.
5. At least 250 feet fall setbacks TBID'J away from a structure that contains a
dwelling unit.
6. Facilities along New York State-designated Scenic Byways or located within
an area listed in the Tompkins County or Town of Ithaca Scenic Resources
Inventory must be as visually inconspicuous as possible. The views of, and
vistas from, such structures, districts, and corridors shall not be impaired or
diminished by the placement of such facilities.
7. If a streetlight is present, a combination wireless support structure and
streetlight pole should only be located where an existing pole can be
removed and replaced, or at a location where it has been identified that a
streetlight is necessary.
j) Internal administrative staff review by Planning staff is permitted only if a
node system is located at least 500 feet from a public right-of-way and from the
lot line of any adjoining owner. f In light of COC decisions that are reflected in
new D -C6) above® does COC still want this if so,i will be moved to ,
k) No portion of the wireless support structure or its accessory structures shall be
used for signs or promotional or advertising purposes, including, but not limited
to, company name, phone numbers, banners, streamers and balloons.
19
For Individual Small Wireless Facility Sites:
a) There shall be no exposed wires. All cables and wires associated with the facility
leading to and away from the facility shall be installed underground. If
undergrounding is not possible, then all cables, wires and connectors must be
fully concealed and the cable covering or conduit shall match the color of the
structure on which the&Small Wireless€Facility is located. There shall be no
external cables and wires related to the small wireless facility hanging off or
otherwise exposed.
b) Each small wireless antenna shall be located within a stealth enclosure that
matches the architecture, materials, color and design of the structure on which
the antenna is located (e.g. streetlight pole, building rooftop chimney, cupola,
etc.). Examples of stealth applications include the following. Photo examples of
stealth applications include the following (source: stealthconcealment.com):
c) All equipment enclosures shall be as small as possible and undergrounded when
possible. Building-mounted enclosures shall be located within a stealth
enclosure that matches the architecture, materials, color and design of the
structure on which the enclosure is located (see photo examples above).
Ground-mounted enclosures shall have appropriate vegetative buffering to
buffer the view from neighboring residences, recreation areas and public roads.
Planning staff may require screening adjacent to waterways, landmarks, refuges,
community facilities, or conservation or historic areas within common view of
the public. Collocations along New York State-designated Scenic Byways or
located within an area listed in the Tompkins County or Town of Ithaca Scenic
Resources Inventory must be as visually inconspicuous as possible. The views of,
and vistas from, such structures, districts, and corridors shall not be impaired or
diminished by the placement of such facilities.
d) There shall be no illumination, except in accord with state or federal regulations,
or unless the illumination is integral to the camouflaging strategy (e.g. design
intended to look like a streetlight pole).
e) No-,Small Wireless€Facility shall be located in a historic district that has
been listed in the State or National Registers of Historic Places.
20
f) No portion of the wireless support structure or its accessory structures shall be
used for signs or promotional or advertising purposes, including, but not limited
to, company name, phone numbers, banners, streamers and balloons.
g) Access to the-,Small Wireless€Facility shall be achieved by using existing
public or private roads; no new accessway, driveway or parking area shall be
constructed. Equipment or vehicles not used in direct support, renovations,
additions or repair of any wireless facility shall not be stored or parked on the
facility site.
G. Applications for personal wireless service facilities
Applications for PWSF permits, site plan approvals and building permits shall be made to the
Planning Department. Each application shall include the following materials. An application is
incomplete if it is missing any item listed below, it does not contain everything required for each
item, or the Director of Planning determines that the application contains inconsistent,
contradictory or unclear information. [Discuss building permit submission and review process
and revise as needed.]
(1) Applications for Section 6409(a) eligible facilities must include:
(a) Identification of all applicants, site developers and FCC-licensed carriers on whose behalf
the application is being submitted, as well as the property owner of the proposed site.
(b) All applicable application and other fees then being charged by the Town for such
applications.
(c) An email address and a US mail address to which the Town may email or mail notices to
comply with any notice requirement under this section, as well as under any local, state
and/or federal law or requirement.
(d) Copies of the Federal Communications Commission (FCC) license, if applicable, and of
all documents submitted to the FCC or any other governmental agency having
jurisdiction over the proposed eligible facilities;
(e) Written documentation sufficient to show that the proposed deployment is an eligible
21
facilities request. This documentation shall include a drawn-to-scale depiction containing
complete calculations for all of the proposed eligible facilities to show whether they,
when installed, will meet the physical size limitations and other requirements to qualify
them as Section 6409(a) eligible facilities.
(f) Written documentation sufficient to show that the proposed deployment complies with all
applicable building, structural, electrical and safety codes and with all other laws
codifying objective standards reasonably related to health and safety. This documentation
shall include a certification by an engineer licensed to practice in the State of New York
that the eligible facilities have been designed in accordance with generally accepted good
engineering practices and in accordance with generally accepted industry standards
(including but not limited to the most recent, applicable standards of the Institute of
Electric and Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI)), and if constructed, operated and maintained in accordance with the plans the
eligible facilities, Structure, and other PWSFs and FCC-authorized wireless
communication service facilities on the site will be safe, will be in accordance with all
applicable governmental building codes, laws and regulations and in accordance with
generally accepted good engineering practices and industry standards, including without
limitation, acceptable standards as to stability, wind and ice loads, and bird protection.
[Will ask Town's engineers to wordsmith.]
(g) An FCC compliance report, as described below.
(h) Written documentation sufficient to show compliance with any relevant federal
requirement, including any applicable FCC, FAA,NEPA, or National Historic
Preservation Act Section 106 requirements.
(i) Completed Part 1 of the relevant New York State environmental assessment form.
(j) All of the information required by Town Code § 125-4 (Building permits), if applicable.
[Are there any other required applications? Electrical permit, or is that part of the
building permit application?]
(k) Where an applicant is not the owner of the real property upon which the applicant seeks
to collocate Section 6409(a) eligible facilities, proof of the property owner's consent to
the deployment of the eligible facilities on the real property and agreement to abide by
this Section 270-219. If the applicant is leasing all or a portion of real property upon
which it intends to install its new eligible facilities, the applicant shall provide a written
copy of its lease with the owner of such property. The applicant may redact any financial
22
terms contained within the lease,but it shall not redact any portion of the lease which
details the amount of area leased nor the specific portion of the real property to which the
applicant has obtained the right to occupy, access, or preclude others from entering.
(1) Where an applicant is not the owner of the existing wireless tower or base station upon
which the applicant seeks to collocate Section 6409(a) eligible facilities, proof of the
wireless tower or base station owner's consent to the collocation of the eligible facilities
onto the existing wireless tower or base station and agreement to comply with this
chapter.
(2) Applications for all other PWSFs must include:
(a) A completed project application form in such detail and containing such information as
the Director of Planning may require, including identification of all applicants, site
developers and wireless carriers on whose behalf the application is being submitted, as
well as the property owner of the proposed site.
(b) All applicable application and other fees then being charged by the Town for such
applications, including any deposits required by the Town for application to the costs of
any consultants retained by the Town as provided below. [At some point, COC or Town
Board needs to discuss ROW fees. Also: will add later in the law (not in the
application section) some version of existing §270-219.K(5) (with an increased
minimum escrow amount?) That provision currently reads: "To assure sufficient
funds are available to the Town to pay for the consultants referred to in the preceding
subsection, any applicant shall be required to deposit review fees in escrow, in
accordance with the terms of any Town of Ithaca law, ordinance or resolution, as the
same may be amended from time to time. Notwithstanding the provisions of any such law,
ordinance or resolution, the minimum initial escrow deposit for any telecommunication
facility application which anticipates construction of any type of tower shall be$5,000 or
the minimum prescribed by such law, ordinance or resolution as in effect at the date of
the application, whichever is greater."]
(c) An email address and a US mail address to which the Town may email or mail notices to
comply with any notice requirement under this section, as well as under any local, state
and/or federal law or requirement.
(d) Copies of the Federal Communications Commission (FCC) license, if applicable, and of
all documents submitted to the FCC or any other governmental agency having
jurisdiction over the Facility;
23
(e) If the applicant claims that its proposed installation qualifies as a Small Wireless Facility
within this section, the drawn-to-scale depiction shall include complete calculations for
all of the antennas and equipment of which the Facility will be comprised, depicting that,
when completed, the installation and equipment will meet the physical size limitations
which enable the Facility to qualify as a Small Wireless Facility.
(f) Written documentation sufficient to show that the proposed Facilities comply with all
applicable building, structural, electrical and safety codes and with all other laws
reasonably related to health and safety. This documentation shall include a certification
by an engineer licensed to practice in the State of New York that the Facilities (including
any proposed collocations) have been designed in accordance with generally accepted
good engineering practices and in accordance with generally accepted industry standards
(including but not limited to the most recent, applicable standards of the Institute of
Electric and Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI)), and if constructed, operated and maintained in accordance with the plans the
Facilities will be safe, will be in accordance with all applicable governmental building
codes, laws and regulations and in accordance with generally accepted good engineering
practices and industry standards, including without limitation, acceptable standards as to
stability, wind and ice loads, and bird protection. [Will ask Town's engineers to
wordsmith.]
(g) An FCC compliance report, as described below.
(h) Written documentation sufficient to show compliance with any relevant federal
requirement, including any applicable FCC,FAA,NEPA, or National Historic
Preservation Act Section 106 requirements.
(i) Completed Part 1 of the relevant New York State environmental assessment form.
0) A visual impact analysis, as described below.
(k) All of the information required by Town Code § 125-4 (Building permits), if applicable.
(1) Where site plan review is required, a site plan and other documentation that complies
with Town Code §270-186 (Site plan requirements), and also contains the following:
(a) The exact location including geographic coordinates of the proposed Facility
including any towers, guy wires and anchors, if applicable;
24
(b) The maximum height of the proposed Facility, including all appurtenances;
(c) A detail of Facility type, if any, including engineering drawings from the Facility
manufacturer(monopole, guyed, freestanding, or other);
(d) The location, type and intensity of any lighting on the Facility or its accessory
structures;
(e) Property boundaries and names of all adjacent landowners;
(f) The location of all other structures on the parcel and all structures on any adjacent
parcels within 100 feet of the property lines, together with the distance of these
structures from any proposed tower;
(g) The location, nature and extent of any proposed fencing, landscaping and screening;
(h) The location and nature of any proposed utility easements and access roads or drives.
(m) Where an applicant is not the owner of the real property upon which the applicant seeks
to deploy Facilities, proof of the property owner's consent to the deployment of the
Facilities on the real property and agreement to comply with this chapter. If the applicant
is leasing all or a portion of real property upon which it intends to install its new
Facilities, the applicant shall provide a written copy of its lease with the owner of such
property. The applicant may redact any financial terms contained within the lease,but it
shall not redact any portion of the lease which details the amount of area leased nor the
specific portion of the real property to which the applicant has obtained the right to
occupy, access, or preclude others from entering.
(n) Where an applicant seeks to collocate Facilities and is not the owner of the structure upon
which the applicant seeks to collocate the Facilities, proof of the structure owner's
consent to the collocation of the proposed Facilities onto the existing structure.
(o) An agreement to remove all antennas, driveways, structures, buildings, equipment sheds,
lighting, utilities, fencing, gates, accessory equipment or structures, as well as any
tower(s) dedicated solely for use within a telecommunications facility if such facility
becomes technologically obsolete or ceases to perform its originally intended function for
more than 12 consecutive months. Upon removal of said facility, the land shall be
restored to its previous condition, including but not limited to the seeding of exposed
25
soils. [Wordsmith—this is from existing §270-219.L(1). The rest of existing
subsection L contains post-application requirements for a removal bond that we will
add later in the law (not in this application section)]]
[Other application requirements still to be added, including information to support a
showing of need/effective prohibition claims.]
[Staff asks whether COC wants to retain the following collation application provisions
from the Town's existing law. If so, should they apply to small wireless facilities as well as
larger ones?]
Current§270-219.M(4). Agreement that the applicant will negotiate in good faith with any
subsequent applicant seeking to co-locate a telecommunications facility on the initial applicant's
structures. This agreement shall commit the initial applicant and landowner and their respective
successors in interest to:
(a) Respond in a timely, comprehensive manner to a request for information from a potential
shared-use applicant.
(b) Negotiate in good,faith,for shared use by third parties.
(c) Allow shared use if an applicant agrees in writing to pay reasonable charges for same.
(d) Make no more than a reasonable charge for shared use, based upon generally accepted
accounting principles. The charge may include but is not limited to a pro rata share of'the
cost of site selection,planning,project administration, land costs, site design, construction
and maintenance,financing, return on equity, and depreciation, and all of the costs of
adapting the tower or equipment to accommodate a shared user without causing
electromagnetic interference or causing uses on the site to emit electromagnetic radiation
in excess of levels permitted by the FCC.
(p) Information required by, and proof of compliance with, subsection_(Collocation)
below.
[If the COC wants to retain the following collocation requirements from the Town's
existing law,we will add subsection p above to reference them and place the requirements
in a separate section (not in the Application section). Here are the existing provisions,with
proposed edits by staff. Terminology will be updated to match that in the new law.]
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Current§270-219 D. Co-location (with staff edits).
(1) The shared use of'existing telecommunications,facilities or other structures shall be
preferred to the construction of'new facilities. Any 1'W.5LF >eaanit or site pla��rcla
application, renewal or modification thereof'shall include proof'that reasonable effbrtr have
been made to co-locate within an existing telecommunications facility or upon an existing
structure.
(2)__The application shall include an adequate inventory report specifying existing
telecommunications facility.rites and structures exceeding 75%of the height of the proposed
tower within the search range of the cell grid. The inventory report shall contain an
evaluation of'opportunities,for shared use as an alternative to the proposed location, lon ,
with a map s�howi��r�the locatio��r oeaclx site i��rventoried, a��rc1 the Ixei�ht o 'dxe structure
and/or to and cation s). [Staff
recommends changing the 75% of the height standard to "within a one mile radius of the
proposed facility.')
62DThe applicant must demonstrate that the proposed telecommunications facility cannot be
accommodated on existing telecommunications facility.rites in the inventory due to one or
more of'the following reasons:
(a) The planned equipment would exceed the structural capacity of'existing and approved
telecommunications facilities or other structures, considering existing and reasonably
anticipated,future usefor those,facilities;
(b) The planned equipment would cause radio frequency interference with other existing or
planned equipment, which cannot be reasonably prevented; [add exceedance of FCC RF
emissions levels]
(c) Existing or approved telecommunications facilities or other structures do not have space
and cannot be modified to provide space on which proposed equipment can be placed so
it can function effectively and reasonably;
(d) Other technical reasons make it impracticable to place the equipment proposed by the
applicant on existing facilities or structures;
(e) The property owner or owner of'the existing telecommunications facility or other
structure refuses to allow such co-location.
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[Deleted existing (3) because the need for PWSF permits and site plans is
covered under Section D above(starting on p. 12)]
[Does COC want to retain the priority siting provisions from the Town's existing law and
add an application requirement for a priority site analysis submission? If so, exclude
proposed collocations from these provisions?]
Current§270-219.E. Priority of siting locations. In determining whether a site is appropriate,
and if it is determined a need exists for the telecommunications facility, the preferential
order of location, to the extent the same may be, or may be made, technically feasible, is as
follows:
(1) Co-located on existing telecommunications towers;
(2) Co-located on any other existing radio or other tower that would not require any increase
in height nor significant noticeable structural additions to accommodate the
telecommunications facility;
(3) Within any industrial zones or existing planned development zones that permit industrial
activities;
(4) Within any light industrial zones or existing planned development zones that permit light
industrial activities;
(S) Within any existing community commercial zones or existing planned development zones
which permits all of the activities permitted in a community commercial zone;
(6) On any other property in the Town.
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H. FCC compliance report. [From Fishkill's law. Will wordsmith. Among other things,
state the analysis must comply with any applicable FCC Bulletins or other FCC
requirements.]
The FCC compliance report required by this section shall be prepared by a licensed engineer, and
certified under penalties of perjury, that the content thereof is true and accurate, wherein the
licensed engineer shall certify that the proposed Facility will be FCC compliant as of the time of
its installation, meaning that the Facility will not expose members of the general public to
radiation levels that exceed the permissible radiation limits which the FCC has set.
If it is anticipated that more than one carrier and/or user is to install transmitters into the Facility
that the FCC Compliance Report shall take into account anticipated exposure from all users on
the Facility and shall indicate whether or not the combined exposure levels will, or will not
exceed the permissible General Population Exposure Limits, or alternatively, the occupational
Exposure Limits, where applicable.
Such FCC Compliance Report shall provide the calculation or calculations with which the
engineer determined the levels of RF radiation and/or emissions to which the Facility will expose
members of the general public.
On the cover page of the report, the report shall explicitly specify: (a) Whether the Applicant and
their engineer are claiming that the applicable FCC limits based upon which they are claiming
FCC compliance are the General Population Exposure Limits or the Occupational Exposure
Limits. If the Applicant and/or their engineer are asserting that the Occupational Exposure Limits
apply to the proposed installation, they shall detail a factual basis as to why they claim that the
higher set of limits is applicable, (b) The exact minimum distance factor, measured in feet, which
the Applicant calculate the level of radiation emissions to which the proposed Facility will
expose members of the general public. The minimum distance factor is the closest distance (i.e.,
the minimum distance) to which a member of the general public shall be able to gain access to
the transmitting antennas mounted upon, or which shall be a part of, the proposed Facility.
I. Visual impact analysis. [The following provisions are from Fishkill's law. Will
wordsmith. Add analysis provisions re: important views? Also, add a version of this
provision from the Town of Ithaca's law, but specify upfront what is needed (not wait for
PB to determine): "The Planning Board may require additional information, such as line-of-
sight drawings, detailed elevation maps, visual simulations, before and after renderings, and
alternate tower designs to more clearly identify adverse impacts for the purpose of their
mitigation."]
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The visual impact analysis required by this section shall, at a minimum, include the following:
(a) Small Wireless Facilities: the applicant shall provide a visual impact analysis which shall
include photographic images taken from the perspectives of the properties situated in closest
proximity to the location being proposed for the siting of the Facility, as well as those
properties which would reasonably be expected to sustain the most significant adverse
aesthetic impacts due to such factors as their close proximity to the site, their elevation
relative to the site, the Tower location and their location.
(b) Personal Wireless Service Facilities which do not meet the definition of a Small Wireless
Facility: the applicant shall provide:
(i) A "Zone of Visibility Map"to determine locations from where the Facility will be seen.
[Staff asks if this should be deleted.]
(ii) A visual impact analysis which shall include photographic images taken from the
perspectives of the properties situated in closest proximity to the location being proposed for
the siting of the Facility, as well as those properties which would reasonably be expected to
sustain the most significant adverse aesthetic impacts due to such factors as their close
proximity to the site, their elevation relative to the site, the existence or Tower location and
their location.
The photographic images shall depict the Height at which the proposed Facility shall stand when
completed, including all portions and proposed attachments to the Facility, including,but not
limited to, the main support Structure, all antennas, transmitters, whip antennas, lightning
rods, t-bars, crossbars, and cantilever attachments which shall, in whole or in part,be affixed
to it, any and all surrounding equipment compound(s), fencing, cellular equipment cabinets,
transformers, transformer vaults and/or cabinets, sector distribution boxes, ice bridges,
backup generators, including but not limited to equipment boxes, switch boxes, backup
generators, ice bridges, etc., to the extent that any of such compound and/or equipment will
be visible from properties other than the property upon which the proposed Tower and
compound are to be installed.
The visual impact analysis shall include an assessment of alternative designs and color schemes,
as well as an assessment of the visual impact of the proposed Facility, taking into
consideration any supporting Structure which is to be constructed, as well as its base, guy
wires, accessory Structures, buildings, and overhead utility lines from abutting properties and
streets.
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[More provisions to come]
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