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Home My WebLink AboutCOC Packet 2022-05-11 TOWN�� DEPARTMENT OF PLANNING 215N.TiogoGt14850 007273.1747 O5/05/20%2 TO: Codes and Ordinances Committee: William Goodman, Chair Eric Levine Eva Hoffmann Rob Rosen ChriSJung FROM: Christine Ba|estra, Planner RE: Next Codes and Ordinances Committee Meeting— May ll, 2022 The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday, May m via 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: ° Draft minutes from the April l3, 2O2%, meeting. ° Draft Local Law- §270--219 Personal wireless service facilities. 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 orPlanning 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: Members of the public who wish to attend the meeting via Zoom may call in on a cell phone or landline at (929)436-2866 and enter the Meeting ID: 506 3713554; or may view the meeting by computer at https://us06web.zoom.us/i/5063713554. Once on Zoom, click on "loin A Meeting" and enter the Meeting ID: 506 3713554. The meeting will also be recorded on the Town of Ithaca YouTube Channel. Meeting of May 11, 2022- 5:30 P.M. AGENDA 1. Member comments/concerns. 2. Minutes from April 13, 2022, meeting. 3. Discussion of Draft Local Law- §270-219 Personal wireless service facilities. 4. Other business: • Next meeting date: June 8, 2022 Town of Ithaca Planning Department May 5,2022 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (LOU Meeting of April 13, 2022 —5:30 pm—via Zoom and live on YouTube Draft Minutes Members and Staff Present: Bill Goodman, Chair, Eva Hoffmann, Eric Levine, Rob Rosen, Chris Jung -Members. Chris Balestra, Planner; Susan Brock, Counsel; Marty Mosely, Director of Code Enforcement; Susan Ritter, Director of Planning. Guests: Theodora Scarato, Danny Fox, Sheila Out, David, Andrew Molnar, Marie Molnar, Irina Paris, Fazille Buechel, April Paris. John Galliano,Lisa Petruzzi. Bill set up the meeting to broadcast on YouTube along with the Zoom platform and the agenda was reviewed. Bill then noted that Planning Board representative and member Yvonne Fogarty has resigned from COC and the Planning Board will need to designate a new member as liaison. Public Comments (time limit 3 minutes per person) -Theodora mentioned a recent favorable ruling in a lawsuit against FCC regarding outdated wireless radiation safety limits for cell towers, highlighting that there is no regulatory agency with health expertise that oversees the science-related public health and safety concerns of cell towers. She was thankful that the town is considering as protective limits as possible. -Danny recommended 1640ft setback from towers to limit exposure based on sound scientific investigation. -Sheila recommended staying with the 1500ft setback, knowing that if a gap in coverage is proven, an exception can be applied for. -David supported at least a 1500ft setback and to follow the New Hampshire recommendation, stating there is no reason for 5G in the area. -Andrew played clips of a video where a member of the New Hampshire 5G Commission gave recommendations on how to protect people and communities, noting New York is now forming a commission to study the concerns with electromagnetic exposure. He urged the town to set high setback distances between homes and cell towers such as 1500-1640 feet. -Marie recommended the precautionary principal of a 1640ft setback from homes and noted the two hesitating factors raised by the committee (high setback wouldn't leave many locations for new antennas and that it could prohibit service) would be effective and there are alternatives to building new towers, such as the ability to upgrade existing facilities and apply for exception/exemption if alternatives are not feasible. -Irina noted concern of only 300ft setback impacting home values and compromising people's health and could also result in unnecessary new antennas that do not fill gaps in service and would add to the carbon footprint. 1500ft. minimum setback distance was suggested to prioritize Ithaca's 1 wellbeing. -Fazilee thanked everyone for their time and attention to the important issue and urged a 1500ft or the most restrictive setback possible for the beauty of the area and wellbeing. -April urged at least a 1500ft setback to greatly mitigate the negative effects of radiation from cell towers; also concerned that Town of Ithaca codes do not provide sufficient protection for the population as they stand now. She quoted the Ithaca Town Code's purpose to "promote the safety, health and general welfare of the residents." -Jerrone noted it is imperative for the town to set the most restrictive wireless codes with the greatest setbacks (I640ft) from homes and schools and that the court has ruled that the FCC guidelines are outdated and do not take current science into consideration. -Lisa noted concerns about child development and electromagnetic fields as part of a growing list environmental exposures and recommended setbacks of at least 1500ft or up to 1640ft. The public comments concluded at 6:19 pm. 1. Member comments/concerns: None. 2. Minutes: Eva moved to approve the 3/09/22 COC minutes as amended; Eric seconded. All members voted in favor of approval. 3. Discussion of Updates to Town of Ithaca Telecommunications Law: a. Large cell tower applications?—Planning Board site plan review process (currently) or change to internal staff/administrative review?_Planning staff recommended that this remain within the Planning Board site plan review process. The committee unanimously ag b. Wireless facilities collocated onto an existing structure/tower? Planning Board site plan review or internal staff/administrative review? Planning staff recommends this be an internal/staff administrative review based on the criteria outlined in the revised law. Additionally, the Planning Board has questioned why these type of project reviews have come to them in the past. The committee agreed with internal/staff administrative review. Susan asked if this would be discretionary or non-discretionary decision? She stated there will be a checklist with objective criteria to be met; if that is all met, then approval is granted? Bill confirmed that, yes, this is how the process was contemplated. c. (Small cell individual wireless facilities, e.g., one antenna on a pole, not collocated onto an existing structure?Planning Board site plan review or internal staff/admin review? Planning staff originally recommended this be an internal/staff administrative review based on the criteria outlined in the revised law. Committee decided on Planning Board site plan review process. d. Wireless facilities (small cell-part of a group offacilities on a number of poles) that are not collocated onto an existing structure?Planning Board site plan review or internal staff/administrative review? Sue Ritter and planning staff still recommended that these 2 applications go to the Planning Board for a site plan review process. The Committee agreed Planning Board site plan review process. Eva asked if staff would do the same type of environmental review as the Planning Board? Chris B responded that staff currently conducts the environmental reviews on behalf of the Planning Board. Susan noted that staff would complete the same environmental review for the internal review projects and prepare findings to justify the decision for the file. Eva felt that with the technology and complexity of the matters, the more people to review, the better. Chris J commented that the topic can be volatile with a lot of public concern and internal processing may not have the level of transparency, although supported overall efficient processing of project applications. Bill asked Susan if there were other specific areas of the law, besides setbacks, which needed further discussion before a full draft can be compiled and reviewed at the May meeting. Susan clarified a portion of item B above and stated if other items require additional clarification, she will note them in the draft law. The new draft version of the law will be a combination of the existing law, potential additions from the Town of Fishkill and other municipal laws, and new provisions as they have come up over the course of the committee discussions. For small wireless facilities near residences and schools - what setback does the COC recommend? 500 feet? 1500 feet? Something in between? Bill noted that this still needs to be resolved. Many comments and concerns have been raised by the public. He asked the committee members if they had any questions or if they needed more information on anything before making their recommendations. Legal questions for the attorney would need to be done in private session, if there are any. The committee decided to go into executive session after adjournment to discuss the matter further. 4. Other business: Marty mentioned that he would be bringing Chapter 125 to the committee, due to NYS amendments to part 1203 of Title 19, which requires municipalities to update their Chapter 125 in relation to the Uniform Building Code. He will provide the recommendations at a future meeting. Marty also noted that discussions were needed for a more restrictive local law for sprinklers - recommendations will be forthcoming for that as well. Next meeting: May 11, 2022. Agenda: Review new draft of telecommunications law (public comment will not be taken). The meeting adjourned at 7:10 p.m. and committee went into executive session to seek the advice of counsel. 3 FOR 5/11/22 COC MEETING—ROUGH DRAFT OF FIRST PART OF LAW § 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 may be deleted.] [Due to the technical nature of the telecom provisions, keep these definitions in § 270-219 instead of putting them in §270-5 Definitions? If we move the definitions to § 270-5,we will need to keep some here (such as "Accessory Structure" and "Height"), because their specialized telecom meanings should not apply to other Zoning Code sections.] ACCESSORY EQUIPMENT Equipment installed, mounted, operated or maintained in close proximity to a personal wireless service facility to provide power to the personal wireless service facility or to receive, transmit or store signals or information received by or sent from a personal wireless service facility. ACHP The federal Advisory Council on Historic Preservation. ADEQUATE COVERAGE As determined by the Planning Board or Town Planner, 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. 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)?] AMEND,AMENDMENT and AMENDED [Once entire law is drafted, TBD if this is definition is needed] Means and shall relate to any change, addition, correction, deletion, replacement, or substitution, other than typographical changes of no effect. ANTENNA An apparatus designed for the purpose of emitting radiofrequency (RF)radiation, to be operated or operating from a fixed location, for the provision of Personal Wireless Services. 2 APPLICANT Any person or other entity submitting an Application for site plan approval, a Personal Wireless Services Facility Permit, a building permit, or a variance for one or more Personal Wireless Service Facilities. APPLICATION All documentation and information that an Applicant submits to seek site plan approval, a Personal Wireless Service Facilities Permit, a building permit, or a variance under this section. 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. CEQ The federal Council on Environmental Quality. 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. COMPLETE APPLICATION, COMPLETED APPLICATION An Application that contains all the necessary and required information, records, evidence, reports, and/or data necessary to enable an informed decision to be made with respect to an Application. [Move this next sentence out of the definition and into a substantive provision re: applications.] Where any information is provided pursuant to the terms of this Article and the Planning Board, Town Planner, Code Enforcement Officer or a Town consultant determines, based upon information provided, that any additional or clarifying information is needed, then the Application will be deemed incomplete until that further or clarifying information is provided to the satisfaction of the Planning Board, Town Planner, Code Enforcement Officer or Town consultant. DEPLOYMENT [TBD if this is needed] The placement, construction, or substantial modification of a Personal Wireless Service facility. 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 definitions and to a substantive provision later in the law] A finding by the Planning Board or Town Planner that,based upon an Applicant's submission of sufficient probative, relevant, and sufficiently reliable evidence, and the appropriate weight 3 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, Town Planner 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 PWSF 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, EPA The United States Environmental Protection Agency. FAA The Federal Aviation Administration. FACILITY [rework this definition] A set of wireless transmitting and/or receiving equipment, including any associated electronics and electronics shelter or cabinet and generator. FCC The Federal Communications Commission. GENERAL POPULATION/UNCONTROLLED EXPOSURE LIMITS The applicable radiofrequency 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] 4 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). IN-HIND REPLACEMENT The replacement of a malfunctioning component(s)with a properly functioning component of substantially the same weight, dimensions, and outward appearance. MACROCELL [rework—I think the gist is that macrocells are not small wireless facilities] A cellular base station that typically sends and receives radio signals from large Towers and antennas. These include traditionally recognized Cell Towers, which most typically range from 50 to 199 feet in Height. 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. NECESSARY or NECESSITY or NEED What is technologically required for the equipment to function as designed by the manufacturer, and that anything less will result in prohibiting the provision of service as intended and described in the narrative of the Application. "Necessary" or"need" does not mean what may be desired, preferred, or the most cost-efficient approach and is not related to an Applicant's specific chosen design standards. Any situation involving a choice between or among alternatives or options is not a need or a necessity. 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, as opposed to other types of personal wireless 5 facilities, such as Macrocells, which operate independently. NOTICE ADDRESS An email or US mail address which an Applicant provides with its Application for a permit or approval under this section, to which the Town may email or mail notices. 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 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 accessory equipment and related improvements used to provide Personal Wireless Services. 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. SECTION 106 REVIEW A review under Section 106 of the National Historic Preservation Act. SETBACK [rework] The distance between (a) any portion of a personal wireless Facility, including but not limited to 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 6 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 SITE DEVELOPER or SITE DEVELOPERS Individuals and/or entities engaged in the business of constructing wireless facilities and wireless Facility infrastructure and leasing space and/or capacity upon, or use of, their facilities and/or infrastructure to Wireless Carriers. Unlike Wireless Carriers, Site Developers generally do not provide Personal Wireless Services to end-use consumers. SMALL CELL A fixed cellular base station that typically sends and receives radio signals and which are mounted upon poles or support structures at substantially lower elevations than Macrocell facilities. SMALL WIRELESS FACILITY [make sure this meets the federal definition] A Personal Wireless Service Facility that meets all of the following criteria: (a) The Facility does not extend the Height of an existing structure to a total cumulative Height of more than fifty (50) feet, from ground level to the top of the structure and any equipment affixed thereto; (b) Each antenna associated with the Deployment is no more than three (3) cubic feet in volume; (c)All wireless equipment associated with the Facility, including any pre-existing equipment and any proposed new equipment, cumulatively total no more than twenty-eight(28) cubic feet in volume; (d) The Facility is not located on tribal land; and (e) 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). PERSONAL WIRELESS SERVICE FACILITY PERMIT The permit granted by the Planning Board or Town Planner pursuant to which an Applicant is allowed to construct and use a Personal Wireless Service Facility. STATE 7 The State of New York. 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 used for, or to be used for, the provision of Personal Wireless Service. SUBSTANTIAL EVIDENCE 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, 47 U.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. (2) Except as otherwise provided by this section, no person shall be permitted to site,place, build, construct, modify, operate or prepare any site for the placement or use of PWSFs 8 without having first obtained the approvals and permits required by this section. (3) Repairs to and/or Maintenance of an existing wireless telecommunications facility shall not require site plan approval or a PWSF permit. (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 wireless telecommunications facility 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 wireless telecommunications facility. 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. (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. [This works for small 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 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 9 (f) cause adverse impacts on the existing support Structure or the surrounding area. ] (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). [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?] (4) Notwithstanding subsection 3 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 Town Planner is required, and a building permit issued by a Code Enforcement Officer is also required if the New York State Uniform Fire Prevention and Building Code or 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 the New York State Uniform Fire Prevention and Building Code or 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. (b) For noncollocated facilities: (i)Ninety (90) days for new Small Wireless Facilities. (ii) One hundred fifty(150) days for all other PWSFs. 10 (2) Upon receipt of an Application, the Town Planner shall review the Application for Completeness. If the Town Planner determines the Application is: (a) incomplete, (b) missing required Application materials, (c) is the wrong type of Application, or(d) is otherwise defective, then the Town Planner or their Designee shall send the Applicant a Notice of Incompleteness by email or first class mail to the Notice Address provided by the Applicant. (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 the items are missing from the Application or why the Application is incomplete or defective. (5) For proposed Small Wireless facilities, the Town Planner'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 Town Planner'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 Town Planner determines that the Application is still incomplete or defective, then the Town Planner 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 Notice Address provided by the Applicant. Regardless of the type of PWSF, the Town Planner's sending of this second Notice of Incomplete Application shall again Toll(but shall not reset) the relevant Shot Clock, which 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), Town Planner 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 11 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.] E. Applications for personal wireless service facilities and Section 6409(a) eligible facilities [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 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?] 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 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. 12 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 Cell Distribution Antenna Systems (DAS): a) If the DAS 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= 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 shall match the color of the wireless support structure. There shall be no external cables and wires related to the DAS facility hanging off or otherwise exposed on the wireless support structure. d) Each DAS 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): I 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). 13 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 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: DAS 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 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 DAS system is located at least 500 feet from a public right-of-way and from the lot line of any adjoining owner. 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. For Individual Small Cell 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 shall match the color of the structure on which the small cell 14 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): 6 I6 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 cell wireless facility shall be located in a historic district that has been listed in the State or National Registers of Historic Places. 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 cell 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. 15