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DEPARTMENT OF PLANNING
215N. TioguGi14850
607.273.1747
09/0D/2022
TO: Codes and Ordinances Committee:
William Goodman, Chair
Eric Levine
Eva Hoffmann
Rob Rosen
Chris]ung
Arie| Casper
FROM: Christine Ba|estra, Planner
RE: Next Codes and Ordinances Committee Meeting—September 14, 2022
The next meeting of the Codes and Ordinances Committee is scheduled for
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 b8conducted.
Please retain the "Draft Local Law §270-219 Personal Wireless Service Facilities (Vor8/31/2022
COC meeting)" for further discussion at the September 14th
meeting. Minutes from the August
CC)C meeting will be available at the October C[)Cmeeting.
If you cannot attend this meeting, please notify Abby Homer assoon as possible at /607\ 273-
1747, or .
cc: Susan x.Brock,Attorney for the Town
Susan Ritter,Director urPlanning
Marty Moseley,Director of 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(email)
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 recorded: https://www.youtube.com/channel/UCC9vycXkJ6klVlibjhCy7NQ/Iive
Meeting of September 14, 2022- 5:30 P.M.
AGENDA
1. Member comments/concerns.
2. Public comments.
3. Continued review of draft local law§270-219. Personal wireless service facilities.
4. Other business:
• Next meeting date: October 12, 2022
Town of Ithaca Planning Department
September 8,2022
FOR 8/31/22 COC MEETING—ROUGH DRAFT
COC DISCUSSED THE FIRST PART OF THE LAW(THROUGH THE END OF THE
AESTHETIC CRITERIA ON P.21)AT ITS 5/11/22 COC MEETING,AND MANY OF
THE REQUESTED CHANGES HAVE BEEN MADE AND ARE SHOWN IN RED-LINE.
COC DID NOT REVIEW THE RED-LINED CHANGES OR REMAINING QUESTIONS
AT ITS 7/6/22 MEETING,SO THEY ARE STILL SHOWN IN RED-LINE.THIS
VERSION ADDS A FEW ADDITIONAL NOTES THAT ARE LABELLED"8/31/22
NOTE".
FOR THE COC'S 7/6/22 MEETING,NEW PROVISIONS BEGAN WITH G
(APPLICATIONS)ON PAGE 22 AND ENDED WITH I(VISUAL IMPACT ANALYSIS)
ON P.31. FOR EASE OF READING,THE NEW PROVISIONS WERE NOT RED-
LINED FOR THE 7/6/22 COC MEETING. THE COC'S 7/6/22 CHANGES AND
ASSOCIATED FOLLOW-UP ITEMS ARE SHOWN IN RED-LINE IN THIS VERSION.
FOR THE COC'S 8/31/22 MEETING,NEW PROVISIONS BEGIN WITH MMMMM
, 32.
§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 ffia re may be
deleted.]
()) decnt0.a,t0.at its s/11/22 meetHlYn�?�,jnan.t daAa-taro,fli technical nnatur o the telecom , (Formatted:Space Before: 0 pt,After:..7 pt ... ..J
)rovi lions these definitions wull be lie ni in °270...219 instead of being in'2"0'iV...5
4j a tnnntlann d Q an!visad thani,defined tm°a wn y be alalautMara°dn(hmaba¢gjroanut tine jaaw,w nich wt:....
wail do once we decide which definithms to retain. Per CO 's dire a flon,staff and aiwmn,
...
want through the definitions and deleted those fOr aonnnuann YK211 !v writintuglt lintanaapn ..e d
mua annannl„;!v„ibant titian lflijMl ah aiata"m dana s jm.u!nml Maailwy dat;Iana.:i
ACCESSORY EQUIPMENT
Equipment installed,mounted,operated or maintained in close proximity to a pf.1-ersonal
S ty p p p .'' :°service PFacility or
w� fireless ,...ervice i1acili to provide power to the P._ersonal wV fireless ,......
to receive,transmit or store signals or information received by or sent from a pP:"ersonal
wWireless Service il'acility.
ACHP
The federal Advisory Council on Historic Preservation.
2
ADEQUATE COVERAGE
As determined by the Planning Board or$'c v�t$°R+au b.p.;.c..tl.ar.r.of.'..P",I.s�u.b.ningn,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. eparate
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ANTENNA (Formatted:Font:(Default)Times New Roman
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Antenna,to Muted at the,sarne fixed loc aflon ns the Ante nna,and,when c o loc..ate d on a Structure,_
is aowit:ed of instal led at the swne tfine as si.ic.h Antenna.
ANTENNA FAQU.11TY
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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.j]2!sure we need this definition- need to understand @uy" �Formatted.Highlight
Ifiishkatl taw roars to `cell towers and Ono-I1111crosonat Wireless Servicc Facilities"instead of
•- - -- - - -- -- -- -- --• (,Formatted:Highlight
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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.
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to tlw,sa4,-s4',ac4011 of tlw. Planning Board,Town (.'(xis. 1.10wPF
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DEPLOYMENT fT-91)4-this is,neededf "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'l'll"I-----------------------------------------
The placement,construction,or�44W.Ri#kil modification of a Personal Wireless Service I'F [Formatted:Font:Bold
acility. orma
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, ji�,yisjon inakes this definition consistent with that in,fedem"d Formatted:Highlight
DIRECTOR 01�'P[..,ANNING Formatted:Font:Bold
............................................................................................................................................................l.➢oa I offthaca's Din,,(Aor ot'll an i'Yo t e... ...... ird h n( Formatted:Font:Not Bold
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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 ofllhannnn,that,based upon an
................................................................................................L
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,Town P4ifl+wrf)ifecAof of Nanning.,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.
5
ELIGIBLE FACILITIES REQUEST
A request that meets the requirements in 47 CFR§ 1.6100 for modification of an existing 1441&4
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,
; i ' � -- -- -- -
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EPA
The United States Environmental Protection Agency.
FAA
The Federal Aviation Administration.
FACILITY{I..i, waw441ns,rHeg'iwi"m]
A se, ol:..:wifeless ter, s ni�tt�ifug a� /0 rehi'F iving eqw.+Jpnii�,Rt,ine.luding...r*,'y e"-Arai.ii;.y..
&#:q:Md 4. 'J<:ctfl-krn-'es 41'H'46.&of e' -DtN-k(:.t.and gE,ne'f'akff&'A.n..Ant(nm..l Ncilit�l...ar�6" Y "roV4:.G➢t 41Irc.'Ohat 1 d64("d"� Formatted:Font:(Default)Times New Roman ..... __�
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"done, basis or a e���i ni�ugx➢ aj.. itfi otfi I A 4('J a.a�d�nwni��u4:ons ;nv t�, Ihl� the definition
e .w.w.w. rvwwrvwwwry wwwwwwrvwww.
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FCC (Formatted:Font:Bold
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]
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.
6
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).
I::N--K,IN-D kETILN ErM E NT
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substa*ti"+14y 44c sa$i`i wei 'Prt, etHd o tw.w-1 Formatted:Rghhght
includes...:this ida,la,,sar larww will nark:in laaatc...du ffleative in„-llcurmal r�alCll rcc umma umt"Irlardt;sl`..U.
MAGRO I.I eI.,...jjn w " wirc4ss facilftie,
A t pie.&4' �c,abcls;�n r�: e�,��cwi:o igab4 laa���i...I rg l�ka�ffs �au�.l...
#rn#cnri"i,...:1Via.Sc....hu+,d+uale,track#i4)';1'y re c;esgM- e44.e'1,1 14rwcr,s whk-,lu....rnost tyfrie&4,y'rs nge I'f- ----------------
rn
550 ta 4,4 t irr l=l.-"rghIt J,IN cot ne:etIed --Fishkill law used it on1 ,in three definitions two of (Formatted:Highlight
which we have deleted aand the term is laa°uralp ala�a6a at lrabtar the ffiird definition because it
<rdals nartivurnp tabu a6 alc tamutrarrn Formatted:Highlight
MAINTENANCE or ROUTINE MAINTENANCE Formatted:Font:Bold
Plumbing,electrical or mechanical work that may require a building permit but that does not
constitute a modification to the Personal Wireless Service Facility.It is work necessary to assure
that a wireless Facility and/or telecommunications structure exists and operates:reliably and in a
safe manner,presents no threat to persons or property,and remains compliant with the provisions
of this chapter and FCC requirements.
p>l:.Ia.C.F Sa 1 RY a.w...}'olt,GIa SS'I IN of ''WI:.:.ED
Wh,,t ns..tew.lanw 4ogr;i.�allly u fay tkw ehq anlrauri ab.t...:kc f unc;-tiakar'as-(k'-Jgfl- 4...1ry d utmaaimfi+c.kwef.....
a+rn44*fl....alythiflg...:1:.s,will....rc4ullt..igt )W44in tBw.... anvusioir..ar14efviec &�nutenn "darn4cllc 'c:ri&' +N..
in t45a. aa#rna4vc 4thw. ar"nR',ed c('W+Y n�'4.alaawE+na w hrt o-o-a+y bi,'deSife4;.........
1+rw.f.rr e17 o-r th-e irll+i t 4. s,t,_ tinc,nc:^a t rfrlrrow-ii'af 4 is not reli e'd to vain straisva4e a_455$awrsna-
sl€ rgww +ta+nb ar-cls....Awy. 4t=iu;atwaii.....involving vi i.l+in ...kv t ri.cwa of iqflm'ng;'ah rma i~�s a)r....aila&a+inr:+...i.y..
not a n e'eh4 w ri He, ity
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
7
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,.,4 affi+q al to+ t,ff�e.4-4 p 1 vona i
wire) s-..:4H,.i1it .ry...sue.lff as macfoe.e4l S,whiclll op ffak-, 4)de n6 t4y..
NO"1'-1t:44...;k 1)k SS
Ali @Rl",4 4 Vja&,...FyH+a4 t+44-ae,,s-w; k4i; A Tjk. ut...t� w4e� %...:.wi&b it,., €arF..'a...pei,yn+6..�).ff....
+� skv-a1:...t+1*14,h this�.�.tpa n, tag w4i,4i V4+w. 14 wp IYH+y,:...enia+.4....off ma 4 ibaat+ees,
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 a.A,ccessory et'.quipment and related
improvements used to provide Personal Wireless Services.
P1a.R.S0NA1,Wu1 F11F:S5 SttMN1 F,F'A4::1.lTV PERA4l,..p
............................................................................................................................................................................................................................................................................................................................
7➢nr in.V fi irnte'd b the Dr:atsnx...ard P"I Want ng�iff iai�Qi vu4 to Avhu n�4...wp4rlif.�lnt is ajIow e(A to... 1
s.. a ` ........ � 1 p ( Highlight J
,s�ui ViQi....4:,�rruF➢Qir prraaiffa4Wiur�e. 4 Service l u�r...... rve dtha fl➢annin....11offmdmw�uativm�s Formatted:Hi h...
Ra.ranit,Where the:111 i vsima v vita; L!n a m��,4uva�aQ"� T@uis is a. ma m nrmu�with t+rnns and condituons,
so it;seems more a a ffro ariaff.te to have tha°...:Director f Pl tu%niin larva:. laa m h 1.14..v Lf fi ector aryl`(-'ode
urotaff -----------------
f al mpt)issue this 11 rinmt even it the llllaanninu illaffail"d d2 !v silts lmisiiro r avua�ar.::.� (Formatted:Font:Bold
PWSF
Personal Wireless Service Facility.
REPAIRS
8
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.
SE'( f.:l:t:I.:N.....:q..t:W.:RE;V W
.A.ri 6 fC.w...:V#]I 4".",.;vF.d.d•4a'Dfh--i-06-ol V ,MV,+h4(Ygx Af':4 JR��n+Ynhl [Formatted:Highlight
�troun rlIl dr 0:..wIDVPA m t¢r�n l°than t.�. - - - - -
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
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
9
St t la:1 I:lrtl:-0f...la.l aua...SI l la DEVE..L 1PiEAV's
tncB+vffluuffl: Q+nbd�uff:...F btff4 ....E aug ..uffu t u kri ff+:. ...ul c,sstt:xa Vu�ut...vrn++.RE 4'�,r i�u ....Qubal wuF^..g.E fi,,
fuffne.uhty -4,f&Afaiia+ur:., Of trse...of,thc.if...kwilities Q4*4Ac.+.u....
U1+144W Br.:wla+p ::u; f..Fwsrrect....
TrFoviFtt. 1'�n€n'h1fl3t,3Ut--Wi,4 ;46c;,..-aw4,F"o�n6f:v..kffe-nd- St-0ru'& w4):gb,�`&&Y-N�t4-3 p:
A I uhff baw 4kftiaw� th,attyrpi+qi-Ily,wnfI nad if)4g " H; ffl4whk-'1'1....u#a.e
fnount uupaffn +trine.&tiffE al, Maef-oe.l..p....
f;4,r;utneS--ThX �:':ID'll)k7M1 8,�nt�6,"rr aAl':4t Atlfi�h FBht�.ldl tr.9:'V4'. Formatted:Font:Bold,Highlight ...... .....
SMALL WIRELESS FACILITY[make-sure,klrow u u 6 the fedv al d nihon.R. ey a1 6gb
match the definition in the t¢d ralm nv a I
A Personal Wireless Service Facility that meets all of the following criteria:
(a)The Facility
(i)....r mounted on et.._Stu rue turn,50 1ec:t...eur le�� )g he rgh:�.,..incj u�dnrn uts antennas, 7;f
(➢x)u4 uuuarrn, te d enn.a :..`,truue 4ta,re ureaucnne th�ru.a..)..&p tencF. t t uOrn ttu un arthat' d� e e7rn4:...
Sttnrua tunues.;.O
(ii..n..)daces not extend the e.xgsturut; trnne tluuue onn.whus.h it r to rp;d Var a he ig M.ard'.nu o e than,..
5tJ iee 4:c;er._u+y a�euu F°..th t o ll 6)....tue rvent wh hev r r 9 rtswtF n.,....
d:W"s not...exteuud...:ttw lk4jr tart of�an�exustung ,taut,&off€....tff+Q+&e:t uuuuffl4&4V'e"lde�u�gtut of mu:+:re. th��a:l+...
pp.:lty(,50.)...:€'ef,45 1t-esrn t ro�u�nd iehw.fl...to Olt,lop...off 11 ,SFt,14".1 uc,im ,my..epuupr��rr�#p+lnuxe�VhF rE s�>
(b)Each antenna associated with the Deployment, ex hidr gr oc rtted antennae no.
more than three(3)cubic feet in volume;
(c)All wi e.Rcss;e€prurpme+�-Q mffc,i:atad With tfw 6 kwili:ty, in4,1 Cin tuuuy p+e. existing, equuupm x:nt vM4
ff#uuy patfft1w.'e.d nrewe.e.tu ap aen4.,4'aurn1+1 toVe y..4'(4A ncff...unt+re than twF�. ,Y- ight(2'8-}eu4w ie.c sru....
vff Iuu ruF ,l euthFr wore le s. .yuuupruuu n.n4 isso(t .te d with the `stu.ia,e tsars.,in h drng_th.e wir�ln s,s...
. uuurauusenxp clssQckAcd with...the.An tFnrruru a inci:...rnry rangy.-. xusturn.g.. scare untc etfuuianme slit o n.._the....
Struucture,....usuro more tharu...28 a u�.+ut....ieet in.volume;
(a)) the Ba. uhtly tbgne t unait ne°.itiurue antenna+ t.rtua tiure u,.c s u4tu rtr.cnnb unnder..4 7 t 1 1Z„...11aft 17....
((arr 4tructieun Warsr n1 u�h � of Ant nn ` Vnu t .sq� r tn .).;.
(de.)The Facility is not located on tribal land defined usnt)e r 36 t It `�500 1ta(x.;y;and
(el)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).
F"ita RS0 ..kt,W I R&L ESS�,"'4'1 Vu, tF F,4.c tI..11'V:....lkLRA t:.::r
10
7'las p�+rni#gry-rwu cl by tll. 13(*WA....o 1 u. .n...P4i f PuF"ua4 ta)which-a*Applucai'#is....
vn4&san=c"&..tc:: c,vun trt:ta.t nnbai:rvrv., Pe'fsc*n aj 'ifelc `env c I a n4ahy �1 Vova d t np v ala tarvmA urvan !vau it a:..
laparva aal a ....dlalu alai lua aryl ortlerl.
S:FATE
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.,...whF"a:d;ll.F"t...,
or not it has an exktnni�;An n n till uc rrndy,that k used lean ry or to be used for;the provision of
Personal Wireless Service....(v hel icr earn its own of c.c;�nnrvnrcni J.cd with other types of servna e_sJ...,
l"hl v l tlroa d�llni6lurvra In tlroa l�°d :m arv.l ry a uariz tiabns !ipu x@utpy n nmud l a 0 laa ry E5llikill's law to umw
nr lulaci6 thaat warvterr tarvaak land otluam lylua�„rul lalul!rpcarvl vaaltt,laaar l arvm a mama paada,a�uaa tha �0aleivatatuuro�
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.
11
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 siw.;p4iee
bu+kl s oi*4ftH nnnodify i tc pjoy.,,operate or prepare any site for the ace:em 4.esp..
u c 12cp](.2ynw.nt of PWSFs without having first obtained the approvals and permits required
by this section.
(3) Repairs to and/or Maintenance of ann legally..existing wa,rehllE s tFaea ann��mm�o�rnnc n��,kn f c. y�
P:". ..Sl.'._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 w�4j Ieh i e i.i.y I'W`sF'._on such Town property,and
the Town Board may impose such conditions on any such placement and use as it deems
12
appropriate.Nothing herein shall be deemed to create any right or entitlement to use Town
property for such wii rl€ss#E 1:c rfln al ni<.rt kn t4 ilityP s F'.
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. If l f%L2note: Ntthe 5lffl2 d,;tld,;nmc. tang,,.. tad deleted the
reference e to then NYS Uniform Code because�aurv„lmuildinau�. �1upi6 is rex.gi ed under tlue....
NYS(...ode for ceH towers. But duarin F an,8122122 conversation Susan and 1Vfaa�t
realized the:NV S reference needs to b rctaiairua;d lmccal.ua�va P'WSFs could include bamald�urol
th ut 111 qgi a 1aimmlmimm�lg l»c rmnit,.�
(2) All I'`WSF A,...Small,...: /;r.n_t➢.t.s s..I;'pti.g..n.ity..proposed to be collocated on an existing
�Vmum::#tara`,na aWrir lc I a rli that remain a mlll.Wnc ess d ciftY.audtc n t.�.ell➢... >S .. ...
a ojlocaat on,and t1 ii pits related ground-mounted or underground facilities and equipment,
shall require a PWSF permit issued by a# I o asi l�'° +iiuic rt r I tiro r a;tcn aal l°l,muinaru.dg.
(3.) A`suit ij Wnra.t➢,t s 1 cur u.lpty rrrc�.po ;d to b a o lcua.raa d on as e ktn.dg,gn Small....Wirc lc .,s I ra ilit;:y:...
tdu4:welt uisu la.rnLa,n lac a..a�naall Wn lr 4 Pauc ilnty...........................................n VdF tea➢tear atuc�n, a:nd➢a nr l 4cai g�rsuuina.:.,
nnougted earuHidr rg;iairarrd d acjlutic S. ainc aquiilrin .m4,Udall lequannr'both a PW`sI leunit ks ueal....
by V ..➢Aire atai ad I'1 nningaciV lgruvul aytn,Plnng" n lioad.F. ....... ,
(fi)A l°W;.,ll proposed to b aarllaru..,at d on a.d, r iar tingb,I'W`sf.'..tliat is.no a Small Wirl(SS l�ttir.➢..ty,
uiaP rVs.gin arliar4`F�d nr l t c➢q�raa ind rnaa in4a.ai or underg�io and l as Hi i s and egdungins n.d.4,.�d rl.➢...
r rF a "WS Ilnti t dbY Did atan af:l°lannln' In additan syephinaPrgnroal "tln .. . p.. g:Y...
tdr 1'luannrnig;laaaaunal i S rc aguiirc.d...it the 12ro.grsu ;d 1'`WsI a ulllaaa akon wall:
...... ........ ........ ........
(a) Iyi tVyf girrrs.v.r d Ili ig t and tlia....4uiggsii4;...`,4rui(.tuiv by 1n.re than 15'yo;
(lu) lrla rr a4 I.b.c.number ud antrj lyawr than 50 )cvcnt�qIrornarlyn a . v aggivinunla1% .... ........
(a 4 lni rr a4 111 sawvmv...daaaatl rg .ark ac c c.Scurry l.oaufldtng�,s.by rnorrc,tjm2 209 squuar feet over the
..................
pn,v rc ausly.....arirrrcivctcl quu tii ...tararV ug;r f at qua a u sou•as y I.ou Idrng�,s
(d) A,cid sung or rime rude row a�vt aunty nna dishes-of
13
m (-Formatted:Font:Bold
0 F..X.1 Ynd ill.( footprint o the,support...°ktru 4:0.➢re. � �Formatted:Indent:Left: 0.25'
u�non',than one PWS k'...l[urvari2wFd rnd a4:...➢east acne 11WSI.'...will not..ab coHoc atcd oq.x....a./u....
e. stung truu4tu r all➢of ti puanjos d 1):5y`s1 (in(duaduau. ...�as➢laaa at d I'W`sI°°" ) shufll..-t"a qurv�iuF;....
...
Barth a l°WQ.�ll'...pa.nnit i,sdied by:..:th l 40"..to of ll'lharnning;and site a2➢an ap..j)rova 1.{4' s. �....
tau urnal4l--wareg as'4'arc-ihtua s...tlaurvt a n u a sYuuuadll wary l alitua:sY after....C.4&oeatiml..:For-all..
other...��ull�ry ¢;i�un areal r :"` aaatia� o-�al�.�....wltich-�!ire-pt,,+a-atmprov,trts +" lae-
reequira d? What4f..a=offiwatioiv -equ—res tower...lueioWto-uncre *nkanwi-to-jut
o n4"n-tlo-ria...towew...:m4w-e-than.x....fee
tharv�re- A'auaµ—e�an °14.;tlx�^�arv�wn-antishhlsnll....n^4�lariurn4ur4a-l�n^44a.4�u�it=6l�e-c4u114rv ?¢;iann-will.
lnen4,` B�D4 4 11$ nt-(rot tlrv4 v&A ri4 ran �"m� 4G4tW44d 19 t tlt°rrvkn lea anq (Formatted:Indent:Left: 0",Hanging: 0.25",Line 1
(b)4.4u?' ex-c-ed:; d hy-4 n*r tha -'.54PAa- Il spacing: single, No bullets or numbering J
(c�-1-nere- " e-original appFovi4squ4,we t°an4ntaal 4 4. ,arvn y 1n44sl4lnm;,,..lay4i a a`tlnam....24W
siquare4ee
(d)-Add n ew itio rial anni rary wav4 an&euo-uu aH 1n4 s
4xlarmnaltln4 tin4n, in&4uf aial lmw", r-uctur-e,-or-
(f") cmpoe"adv4wu=s4: 4w—tine-ssurranaann(linng;are a.4
a greed aat its S/11/22 meetin x that therc4 acre situations under which site Talarv:na
... ...
<ntntnrovanIl s ugnulc0 ina°ra°alOugIlr4.I! lha Halo 1!!-ovisions above aontaain rcc.mifllanda.tion's lbw/
t;hris Sue 11 and Susan 1.1 for the t nev of°collocations that shauuld fat si6a��nln.n
ravic4w. Q lua aura !,.!Lawn from the iNn;!vlhkiH lae c lj!6 Ei are not including„ t�ha agnaasa
we wau.nt,the thresholds t4ry lia„anin a°ct,ivl arn6a:n(aa Ind laam arvt t° nw sa¢ln�a 4!j e. The arvthe
mart of Q`fi i;y Haut,ncc:de:d hccauise t@ne enmreiunc�c;r"�s namlr�nou 4 will tell uis ifdane sui�n�nort
structure can...h handle the collo aa6non,and the Plan um csun!.,I Elie 1pW�SIF'
tne�rnnit for that reason ono mneason to send it to the PB for site nl w atn revie "ust because
the yel n nort yAnl. taare i v inaaclequaate).]
11 .........................................................................
(36) All PWSFs that do not fall under subsection 2,-,5.above shall require .g...-l1WS uss'u(..a)._Ihy...
the Director of l°i njlhag and site plan approval�a�#uarvi� p' �s 1 tr::r�ty>4d b tiu....i ,rl-by the
...... ........
Planning Board pursuant to the requirements of this section and,Oaru sitF.....fd ans.)...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?]�LQ.p /i V/ A na Q d tla a.40af1 w a!v_ al4las0( )al.aa)W Formatted Font:Bold Highlight
(Formatted Font:Bold Highlight
(47) Notwithstanding subsections 32.6.above,any application that asserts Spectrum Act§ Formatted:Font Bold,Highlight li ht
14
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 r I.Own lga nn r V,h Unry o a Von_�uI'll xu.xnjfl..g..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.jLttLj/22 note. Retain ed t@,e Formatted:RghIght J
references to the]NI'VS lTniforin Codes._..�cc note on N1 0 a rove.'G'yitl wordsnnith
aroW isiarvns t,o nu�a sa Saar a o bau„d arvda!v ma Il ata d 11a rnnat:,..�aac lu a electric
is al pia rrvrru]t tna0:.
da°r�elo rvnnant �rv�m�ni0„y uarudc:m�T�uwn d,�;oda d,;@nn..mter t s7 f"pa�od 1'tamun.pe I"¢ °rya rut�n�rvru -are
cA."a4 Q';4v4.11"6,4„ (Formatted Highlight J
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.
15
(ii)One hundred fifty(150)days for all other PWSFs.
(2) Upon receipt of an Application,the i's�rvn i°P�IXu:IXaaF rvifuu�.�is u..e.�_�.:...I.'a. z�; iu.xg shall review the
Application for Completeness.If the lnowur l iIXarvIX�auc rvi ture.�;.4arr.ag.�'_P'l' n in2 determines the
Application is: (a)incomplete,(b) (c-b is the wrong
typeApplica
tion,' ( c is otherwise defective,then the Ie�>va�a��i°ll��n���riAnry �.4s�u�of
o A ,or r
Planning arvrv...14-wif 4�sigry k,4...,shall send the Applicant a Notice of Incompleteness by email or
first class mail to the 1we d+ F A(k1"% e.ua.n rnl or rva.n.afling address ss provided by the Applicant.
-
Jd,QC should discuss wheffie:rfho w to incor'wrate the f;IXLLdes ll.Ic:partnnent"s,building Formatted:Highlight - -
laIX m aamn0 review into tiffs .....➢.....
10 u/ 1rnab�,a W Mr uW�y is fine wl6l�n�_the�Director IXrv$rv)G�la�uroln�uro��rw��arvaW?�rvm� arvl��1�afapua aations �Formatted Highlight J
uncluadin x those for huild"un j.p rrmity and other arver auntw issaaa d h,the t «a
I1IX:ananu~tnneut;i•,anuIXO narP n t@uIX Dire c6IXau~a4t Qpl aumuro rnr vIX uaOpul;IinIX a1la rvlu rv:aat, he Notice of (Formatted:Highlight
Iune on alete nes v w@uich will include urootuc a;IXrvl"anus i ng it ans for Codes-issued
d Imn m nnnt
Planning and t odes will do(,hei�In rIX r�ua:w���undl Codes v wnhl vend Plaaumnin�t'he C�aade v- �Formatted:Highlight
_____
related into to include in the Notice off.IncoaxnlmlIXtIXnIXsly,:.L �Formatted:Font:Bold
(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 9.,w 4,enn*; : Hnussing, fR)rn gie Af)fiic r rn i�w-
why the Application is incomplete,._tpU.cl....�ngfonb,gw._tylrycl..,or defective.
(5)For proposed Small Wireless facilities,the own i°P�IXuaIXaea➢Arvu r a is u:r.a.i'l.'.a,.nnPsls1'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 Vowur Ph+i*rr rv➢ rvnF a train s�f
....... ...................
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 iowrvIX P rntwrl)urn<4t�x...of'.,
Plc determines that the Application is still incomplete or defective,then the"1 owrIX
16
Vl a Dii a a kd a�f.l.1ta.n.nx u.x111;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 N(4 €h Nc f�ess er.nail arr maj.h n q addrr.ss�....provided by the Applicant.Regardless of the
type of PWSF,the rower d hKa I-€,ri tare r 4or and Plan-nhi;'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), Vowur P irrn rll tifec.tor a r-(:_lllat,rd-ruing 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
Enforcement�.�.� �.�.�.�.f.f.�.�.�.r .t.� �.�.�. t �.�.�.ot � Highlight
J
meetin f71/22 note, 1Ii li ti,siliilut of�d�ndaw Officer-to-extend 6hi:Shot- Formatted:Hi h...
(Jock,in..E!1nl:lu i e..onl},the...:Dirre torr o Plain inlp iul...:(hiii desilpne ould hav 6lua):.... l
(-Formatted:Highlight
(Formatted:Font:Bold J
(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.]
Ea Apph aitbmr,fiir Veil a.l.:.w:siela. ;sei vice facilitie.i and Section 6.449(a *4igyp.:We....
fii�cilities
the aiwytliir¢,i� i i^l&t r is 1ii iww tlio?¢..:tlie pr i alaua ly iHevidautreiH aml....t:hat-walt4e-
ine fmwat,ed lik4kh4r4aw, -k' iliiiailil....di us's,...whetBeau=....thi. crite ries...:lii*w,still ny e-
17
se woe 4u 1ii4hiw t1 ,V r&"Aal cNaa r ai(a cawogidl ed; 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
aC�pwpt rSoulp trl%i�a t1e�.]).�. j1 LtLgcate aesthetic criteria an wfll in a4e t ri urnal� t1consistent ith Formatted Font:Bold Highlight
_ a rol _
For J
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 k,he c.ablll.e':..
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.
18
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 Wiir lla s,s If�a ulliiU,,y,,,l�a�a�r l i JNra� riai Ate;{,rra 4a�,t?u (��A4a)urraak _�auoo„ Formatted:Highlight
ruaa_de"us[jr a d t u�oau Ilm to cova n urraultai .........dog to mei nts thiiat�acre not IftAS
.. y .. (Formatted:Highlight J
a) If the PAS nar¢�s is located within a public ROW then the preferable placement
( J
locations are the same as in the existing law for towers(e.g.most preferred= Formatted:Highlight
collocation on existing towers,utility poles or other structures;least preferred= Formatted:Highlight J
---------------------------------------------------------------------
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 L.1].,,,_c„ab,I,s c„a »e..iri,n,7„1,,_oi.r,,
ca.lrra�uuii;,_shall match the color of the wireless support structure. There shall be
no external cables and wires related to the A.,�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):
19
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
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„.irr,g�,¢�er 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 TB I) away from a structure that contains a
dwelling unit.
20
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
rrs;F,¢jer system is located at least 500 feet from a public right-of-way and from the
lot line of any adjoining ownerjVn�J ht of WC decisions that,are r reflected urq �Formatted:Highlight J
k No portion of the wireless support C ortlstruct taus If so„j will be structures
t.o shall
Formatted Highlight
p � pp 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 +A Wiiirellsryss,-IF;acill,fity„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 t,ha,:;,,-cabllla,:;,,-c„a„ar irfi,lrrg,-a�„r,-c„a lrr,�,uuii„,_shall match the color of the
structure on which the 5Small ce l'a irr Its ss fli,„acility 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):
iL
21
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 5small ceN/ ` fireless f.Eacility 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 5small 4.-. l--wireless�l,acility 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.
.�2!6.Ny iIl q,�.:..grvat fiffloN44.:@gll"Gh0.;q p gry 1�W��!N.?'U4rvp�WARft�G A p.,;.WcANBi p. '!rA4 6.W q...Illl�. 4N'u�(rvW .Wwa9!vWn6,W'N4WfQbr.:.ie (Formatted:Highlight .J
7/6/22 COC anceting wt,,nt way.2mau6 ra.a naal to make it easier ern read. Fh C M���/6/2� Formatted:Highlight
ch nle:s and as ociatr d follow-atll„nte nis alr/a who n fin reap„-pine in this varS�auuro,..Mn.
(Formatted:Font:Bold
G. Applications for personal wireless service facilities
Applications shaH be rn de to the D, ra rtor._o 'laa.nnhi.r.fiorPWSFpermits,site plan approvals.,,
a".4 building permits, rural all other"i o n ly.cn unit and I a;nvu.a.11 a,ry .➢�1 u a aguu�n.Flai by lle cal state or
... .......
1'crNr r all ll w auu rat.M rtion.:aheajl he in'ail�. ta�k to . l°l na u mg l kr.p rd�bua.^ Each application I'm a
22
"W LVSI l�cn7uurvt,Site i n a. 0 all,and/air�.AuHdi1ug la�,nuanu4;...shall include the following materials.
......
An application 1'or...aany ll o r1.11m.ap.g4 o ulrvplov,,.d.is incomplete if it is missing any item listed
below,it does not contain everything required by ll ty a an n egp 4na�n.,....f rvu ease&������te�rn,or the Director
of Planning determines that the application contains inconsistent,contradictory or unclear
information d[Di -r s review p o y nd- is 4,w!-rvwi ded. j
usan P and am"t 'The
Formatted:Highlight
Above wwaa diu�au is�uauww broad e nauaaht1 tmu Formatted:Highlight
addition to huaildiu d uw rmnut w 6ha1,nuaya 1��m a apuauaa d7�uac@n 4a�a pact asp pwrmi �or
Formatted.Highlight
dw°ve�lrvu�aun�wnt nuwrnnutw aw�uaed uurodar lwrvrwn t aadw d,lua utar n,r7 IV lrvuerva II�t aan slow Ilr(jventuwnn - -- - -
Marty is'tine,with the 1lire c for of I"fanning rw cea_w un� ail .p.plicatiarns (unciudun�tluosa tor., Formatted:Highlight �J
1)uil in g law rnna6!v laurod autlroa°m pea rnui6s u!v!vuac0 1„ the t;muc0a De ruzartnue;ntl.,aauroc0„with tiva Director - - - -
of'Plannln p e na lurol„the illu uluw a�rn6-tiny �wfervtuaw:ervt'"IncervunCulw°ianw s (rwhaah vti l include nantawt wb;
nunw nuro u ntennw 1°or t-,aade:s-1,w uw d lm m�anuts . Ppannlirn anwll C«ades will do their own reviews
.......
and(...odes will send I"la u.nnin the t"-odes�...rehirted info to include in t@ue°Notice of
(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
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.
23
(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.
0) All of the information required by Town Code§ 125-4(Building permits),if applicable.
ri therc-aim -(ghiw required iW.pfic4,9 Hi part,4 t;Io-i�
-itildit"& 6 tt-1;-4'6p.."" !i&DNS ,K K¢".!u!uW d��9t thti. �ti. llll'u]C&H Ift Grid tw..!uW B, N'uWLLt4.th4 r6, -- Formatted:Highlight
(k)Where an applicant is not the owner of the real property upon which the applicant seeks Formatted:Highlight
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
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.
24
(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."],Ia.r da4Q 0.A4�aakaNmi a9�th4 �ftr/ 2 alMi4 a�qn � [Hig
ormatted:Font:(Default)Times New Roman,Bold,
stiitt,Lt!E ova area 6h� escrow fees that other nua¢�rniva�la tpu'its r�d.uir ..aMurocOMlrruak hlight
-. ..1
recommendations on the ininhngunu arcs auir aniourut and on ant,1,11ima [Formatted Font:Bold Highlight
a.lilulaa atio s that sho ld �i axa mjfEj a m men
(.
Formatted:Font:(Default)Times New Roman,Bold, l
Highlight
(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 Formatted:Font Bold,Highlight
and/or federal law or requirement. Formatted.Font:Bold,Highlight
Formatted Font:Bold
(d) Copies of the Federal Communications Commission(FCC)license,if applicable,and of Formatted:Font:(Default)Times New Roman
all documents submitted to the FCC or any other governmental agency having
jurisdiction over the Facility.,,
25
(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.
A visual impact as described hi u�-A,s c v flon.....�eOe below. �Formatted:Highlight
�) panalysis,
ted:Hi hl
(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
26
including any towers,guy wires and anchors,if applicable;
(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
27
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
soils. [Wordsmith—this is from existing§270-219.L(l).The rest of existing
subsection L contains post-application requirements for a removal bond that we will
�yordsniith aand„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 co la6 o--colllocataon application
provisions from the Town's existing law. If so,should they apply to small wireless facilities
as well as larger ones?].., ( da dda d to retain the tarvllo wa Formatted:Font:Bold,Highlight J
;,r1� 6,a9t7Lk � YY'N''lly&W4Nnfi"�a91YUG�cArvbl'?, .@qY�'G-�Gri-�"u ✓ ! cA 6, -cA- cAll" k,¢"Grvtk,!u _ __ -_ Formatted.Font:Bold,Highlight
Current§270-219.M(1).Agreement that the applicant will negotiate in good faith with any [Formatted:Font:Bold Highlight
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.
28
[If the COC wants to retain the following collocation requirements from the Town's
existing lawj.0 t ( deiides at nth„7(tr/22 mud atan t, rats n...6ht.i n„J,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] Jip m p„�m6�Ill r1 t r eferren et Formatted:Font:Bold,Highlight
��IXr�.hcAt ll"ea�-tr�Yuin a B�u t �..... IYr4 BICV the°/ftrif2.2.version. � ��d;eppd �qa@ti edit�.@.. .... pilrued wor"d,�x.. (Formatted:Font:Bold,Highlight .. ..above were eraho�to ro...ra mte.d @uem�e�turod on➢ �baturo ua. nnatale la d,.;Q. t�, n 7l 22�m ehruiu itn l
r"a at pri�a iiru 1V 3��a°tmu�a.�,
[Formatted:Font:Bold Highlight
[Formatted:Font:Bold l
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 PWSF permit or site plan application,
renewal or modification thereof shall include proof that reasonable efforts 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 specking existing
telecommunications facility sites 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, along
with a map showing the location of each site inventoried, and the height of the structure
and/or tower and accessory buildings on the site of the inventoried location(s).[Staff
recommends changing the 75%of the height standard to "within a one mile radius of the
proposed facility.') ,(A1 the t:70C m.ee,�tin,-,Sdysan.11 prainte,d orxt that for �W �a we, Formatted:Highlight
do not avant an invento o "all huildin -that are 75%dr the heia�ht o tie lvrdrlro�eal 5 E . �Formatted:Highlight
ez m e.Fhe, 7"u"/Ldr r tal as .l drladrse„d str a tnre l e e.t tfie:inve.nterr rvayonCal list non
� ,�� N q q l (Formatted:Highlight
e.r"Cta^r �aNdk "eMlmsGftG;h ..... d A..
da i they aro 1O, structures exceeds a certain nnminr.o ae��e a'nd ry in�Cl6lllll�'the^ Formatted:Highlight
hel,��htfor^alltrtL,rll �dr edWru tur^e.^,y' CO .a.s.lCed ( 'Fd ^adlao e numh r p hedfr ths, �Formatted:Highlight
o ain. .rl ter the t tlt'nie:,a tinA W li�an ll2^s alrza rl lhat dar�lrorlydrrfrl 4l1'C Formatted:Highlight
t1 treiiay de V e"l are r
nii ht want the rove ntarq der include shor tc r jt 9,1ikew to itrr/e xis 11g 4lTp 1ze s an Formatted:Highlight1
na9hich ar otro,�e d �'t1 F crrrxld crallacata^ 1n�te ad o the 7/l l/llf a rater^la �horxld the larov
Id
inr t ieliaxei9ie deer lrel� endr ullrldrrel iA�a Or.alsda inarFnirlltilald,ra,ade rae �e lauyFormatted:Highlight J
l l ght
( J
(3)The applicant must demonstrate that the proposed telecommunications facility cannot be Formatted:Highlight
accommodated on existing telecommunications facility sites in the inventory due to one or
more of the following reasons:
29
(a) The planned equipment would exceed the structural capacity of existing and approved
telecommunications facilities or other structures, considering existing and reasonably
anticipated future use for those facilities;
(b) The planned equipment would cause radio fi^equency interference with other existing or
planned equipment,which cannot be reasonably prevented;[add exceedance of FCCRF
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 r0f� Y ail trr s e r h it r���asr�f7 a p rPa,;a�tiy iris tra �a�a�<d�itch to allow such
..a. .
co-location.
4eted evkiun -(3)...:Wc*use use th.e. isE(YA.42ed amder....
ctuervni-D-Amayvv e^-(sta &lml;...enn lm...1.. -:l.
[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?]1A.I nts 7/6/22 meeting,d ��d e0wlw��ell�e0 to add �Formatted:Highlight
<Ani a rv'rvlic".aticrvm¢"6�."d.0.,gllq"4°ll7C!16�';q�c9Fgd 6,�.cAllllll'V �¢"IlGrvN rv>0 ' H:�.11llll'V p �¢"Qbt�Il�rAkbmi4 for collocations and ftrvr [Formatted:Highlight .. .. .. .�
a fi '�6a n�la6nva decision was ban retain the° rvm crvvusjLo1 1 nt@lam �ry n vnn ail c a its . inv vnn a..1 ca li 1 Q3_____ ____ ____ ____ ______ ____ I
(Formatted:Highlight
it llmcrvs suieie. l`lioe"4a c llaunucaanih feasible"wvaun dunm�A naive aurvs winall c anlls Qas wail m iar w Il caln6-ie ).
.....
diva not have to locate in the zones listed in 3 S if such locations are not technically [Formatted:Highlight
-----------------------------------------------------------------------
f¢ asnlnle°.L (Formatted:Highlight J
Current§270-219.E. Priority of siting locations.In determining whether a site is appropriate, (Formatted.Highlight
and if it is determined a need exists for the telecommunications facility, the preferential
Formatted:Font:Bold
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
30
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;
(1) Within any light industrial zones or existing planned development zones that permit light
industrial activities;
(5) 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.
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 most;... u�.g.rent...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
31
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
g ] vIDw9ua1 in1'AcAct<arut!!Yj Formatted:Font:(Default)Times New Roman,Bold,
mmbvaA� duiru0'/ta/22rvmt�unt vuamr �w�awiea,e0�t�lt trvu dc.r�clrvu
'rich wiH i�rn��lua4�a�u�¢���u�uYawl�rru��rnt to uauroaapy�a Highlight
1Cebl6,c,l6,e f�c.6,nX.d,views in the Town tlga.l are listed on the T o wn or. oiVjj w.Il Lq �eY'UA]Yut�. Formatted:Font:(Default)Times New Roman,Bold,
____ ______ ____
Scenic/Resource nic/Resource inventories. Staff is ule yll�ulu��iroe�c lu�,tuw u uon�� COC also decided-to-ry �Highlight
----------------------------------------
inclaAu'le the mrurvvislurvn in LtAilld,s cA�7uW4w6: to�pmr urvpoyc�..(ra l.11irl the rvt ll'aG� 0.glrvt bnl cAne �tkIlidh the Formatted:Font:Bold,Highlight
Ppauaanun p ltervaura0 ra is m e ne,e°. -_
(Formatted:Font:Bold,Highlight J
The visual impact analysis required by this section shall,at a minimum,include the following: Formatted:Font:Bold,Highlight
Formatted:Font:-
Bold
(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
J
ilaat��d tlaehweuu�d ktheoTwowerl�oua.au�lt udllllhelu,��uawrnlua aum4�uta/��avvadtuun�als��pvu��n- Formatted.Highlight..
wrvurtLip t too Ee,Iriue tuve-Wive rc alrvlrvm is uata, qua.swill use broader terms such as Formatted-Highlight
W_ _.a, ..... ......... ......... .........
�Ull(4(4dbu� �d0. U.dlle0.a"' 0. `ta4,a.Vd`°{'s..�n, (Formatted:Highlight
(b) Personal Wireless Service Facilities which do not meet the definition of a Small Wireless [Formatted:Font:Bold
Facility:the applicant shall provide:
(i) A"Zo; ae o4'-Visibility Map"to determine locations from where the Facility will be seen.
{Iota-l"r.IWrI -R ..tlNrinv-,Hibuld-l-b<r".-deh'`A"eel. .J.,..Ilts 7/6/22-ma.,e.tilru�,p.���O t�.4.e,Ildes to Ice¢,12 jj2.is (Formatted:Font:-Bold,Highlight -- -- -,
hens buut to stria "Zouuuc,eu
(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
32
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 Formatted Highlight
Structures,buildings,and overhead utility lines from abutting properties and streets j,,, hi,!v
Formatted Highlight
wIXurdun i�1rGrynG flue iNnshl�ull law.d tit,did not iinda rstaand 6luIX refIX m ence to ahua>Dtinl°..
polaIX rt end s(t"IX.IX 6.y,and staff was asl�.�� to lIXbgi.rylrutat.jthaa6. Suy an llaa uIX�t Ahc Formatted.Highlight J
fIXrylhry'nlp: Formatted:Font:(Default)Times New Roman,Bold,
Highlight
✓Ilth th4°. ArGry AIXb'6,� elgza.:n pIX'iy lrIX°la4'V4'. th 'arIXryW�i iIXryn.tIX"ll�v th Towaa.tGry da4 c9.rli as IX�i�ian4°alit,of the a Formatted:Font:(Default)Times New Roman,Bold, .:
visual m enact on abutting TWODerties and streets. Is this how d,O inter..lbra is Uie iN uw@ikjI.! �Highlight �
...
IXLLrd ng „11^toy oaAlIXl t1Il cAn Af}' A� l001 4 yond 89.�0.At'tllflg larola6ll 6 9nd Ell 64t Formatted:Font:(Default)Times New Roman,Bold,
[Highlight
-----------------------------------------------------------------------
,The visual impact analysis shall include an assessment of alternative designs and color Formatted:Body Text,Don't add space between
schemes,as well as an assessment of the proposed Facility's visual impact on aabuttin paragraphs of the same style
prop,trties,and streets', ,taking into consideration any supporting Formatted:Font:(Default)Times New Roman,12 pt,
Structure which is to be constructed,as well as its base,guy wires,accessory Structures, Bold,Font color:Black,(Asian)Chinese(China),
buildings,and overhead utility lines®€rn�° ac&�g 4 d is Highlight
Formatted:Font:(Default)Times New Roman,Bold,
[{ 14wv-p k)—n.r(Mi1 s--tQb-'-�44,; .A Highlight
& Formatted:Font:(Default)Times New Roman,12 pt,
�l
Formatted:Highlight
33
J. Design standards.
All PWSFs shall be sited,designed and constructed in a manner which minimizes to the
maximum extent practicable i)visual impact,and ii)adverse impacts upon migratory and other
birds and other wildlife.
[Move aesthetic criteria on pp.17-22 here. COC should review and revise as appropriate
the following provisions from current Town Code§270-219.G&H and decide whether to
add any to the aesthetic criteria.]
From current Town Code§270-219:
Lighting and marking.[Could not find lighting addressed in aesthetic criteria. If it is not
addressed there,recommend subsection G be adder.]
(1) Towers shall not be artificially lighted and marked beyond the requirements of the FAA.
[Will broaden "tower"to "PWSFs"throughout where appropriate.]
(2) Notwithstanding the preceding subsection, an applicant may be compelled to add FAA-style
lighting and marking, if in the judgment of the Planning Board,such a requirement would
be of direct benefit to public safety and would not unduly adversely affect residents of any
surrounding property.[Delete this provision? When would the Town ever want lighting
that is not required by the FAA?]
Appearance and buffering.
(.l.) The H-e a44'eF porgy ifw e/
ph-Hne...nliwher
of N rN pvlfA 4 [Already ipcluded in aesthetic criteria] Formatted Font:Italic Highlight
Formatted:Font:Italic,Highlight
(2) A-e le dF-t prrdeliet—fi VfV-H(4 t eect w 9'te tia t bd�n, eTh t td1Y kG ry^ Formatted:Font:Italic,Highlight
the 1)amruear� ....l�araa47 Any tower that is not subject to FAA marking as set forth above shall '
Formatted:Font:Bold,Italic
otherwise:
34
(a) Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray
or green below the tree line, as deemed appropriate by the Planning Board, or[Question
for staff.Does this add to or conflict with the other aesthetic criteria?]. Formatted:Font:Boyd,Italic
ORH ki NHhi...iH Wi.tk...t. �0-1he exh'r-t 9a �W'4..
erlteFwtxm doe.';H-el Mrlrerao- 9,te e 4'41'e,q l fe 44 dae per f Ppw it:,sla. � °Jr eaou [A
version of this is already included in the aesthetic criteria.]
(3) Accessory structures shall maximize the use of building materials, colors, and textures
designed to blend in with the natural surroundings.[Question for staff.Does this add to or
conflict with the other aesthetic criteria?], Formatted Font:Bold Italic
(.�d IEseh-oprp�heatiair;fai.r...o praeprr,�a9Jaeili�l �dtrla Fie�err�azp,vs�kardlr� �r `al'��lB fiveP�
f frall:...k,49 f .,4..4,� ea�v�ra��� r��al
'vis e,el h4h"p 4' ll he i ergtfi Fed air e*41erHiHffa-to the/rrd kz'W.7 1he PkfflHiH,�, 4er F4 Dart—
rea,uaw .1iH4H i4Hi of a eaH+Fe detefh( i (n arf 4
[Already included EAF and visual impact analysis requirements for all applications in
the application section. Visual EAFs no longer exist]
�:5� Il,e;f�✓+akt�...:kh�vfldiao-erem��~�t��ite o-e;,„r�terdak��:...d�:r�fcirir,„;taer.ka�i�(ift arm#t;�f�✓+taa¢~.�..Fr�th.e....
6weho-t tvoMt: towep:"a tra hqf'yer 4h'i ....: w/r rai..sia igh4f)t iri„i e';Werwe:-;....aec
Hrt'eH rw tHeklie Frr li Thia P4,Mir;iH,�; 1,4WF°sartiy .kmril i/r wc'e,uh .ke i YtH. He4iff eH4 to
v~emt i r k-iHa,riff s, i e fie e:w,i aesar-MWH-tt f f(-4 6e.w, o-F ea sei= itao a ~dia.kta z ....die.„:...
wig'tin e raraisaforr �4ew i�f the pv4kl ; [Already included in aesthetic criteria]
(6) Without limiting the requirements of the preceding subsection,:where iila px(err,....a .oy.v...�...i,ls....,
r i qui.r i:d, existing on-site vegetation shall be preserved to the maximum extent possible, and
no cutting of trees exceeding four inches in diameter(measured at a height of four feet off
the ground)shall occur in connection with the telecommunications facility prior to the
granting of arpaer ierl per is it eied site plan approval. Clear cutting of all trees in a single
contiguous area exceeding 20,000 square feet shall be prohibited.[Aesthetic criteria about
trees currently read. "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
35
right-of-way must be noted in the site plan application and must be approved by the
Planning Board."Should any of subsection 6's more specific provisions be retained as
well?]
..i:.fi#4 aH16(M, VHr 41...�,:Hh
c°� iiarc°ar4�a��#tare���JP, wa��u F�h a rr �aa �, lar aet ar e'ewl-ileeF e ?d 6f4er rite
tar-wet ere a s tae e e lest b re stttfy a duet e Metv,ve is jatt 1he...prrt po7w(#AW,iF Oariti'g tii�m
[Already included this requirement in the application section for all applications not
just those for which the Planning Board requires them]
or wehaele� ';r;-t)'t rf��f—°irl diPefe 4 unHtt a F �ar����u�r�aaw s,....�a�e%���ar����:...o
�fx6y..smte.:....[Already
included in aesthetic criteria]
K. Dimensional standards. [COC should review and revise as appropriate the following
provisions from current Town Code§270-219.F. At a later meeting,COC will
determine setbacks from residences and minimum spacing between facilities.]
From current Town Code§270-219:
(1) A fall zone around any tower constructed as part of a telecommunications facility must have
a radius at least equal to the height of the tower and any attached antennae. The entire fall
zone may not include public roads and must be located on property either owned or leased
by the applicant or for which the applicant has obtained an easement, and may not, except
as set forth below, contain any structure other than those associated with the
telecommunications facility.If the facility is attached to an existing structure, relief may be
granted by specific permission of the Planning Board on a case-by-case basis if it is
determined by such Board after submission of competent evidence, that the waiver of this
requirement will not endanger the life, health, welfare or property of any person.In
granting any such waiver, the Board may impose any conditions reasonably necessary to
protect the public or other property from potential injury.[This was written for large
towers. Require fall zones only for non-small cell support structures such as poles and
towers(not for buildings,water towers,and the like)?]
(2) All telecommunication facilities shall be located on a single parcel.[Again,this was
36
written for large towers. Do not apply this to nodes?]
(3) All telecommunication facilities shall comply with the setback,frontage, minimum lot size,
and yard standards of the underlying zoning district and the fall zone requirements of this
6rwM4e.,; i(22... To the extent there is a conflict, the more restrictive provision shall govern.
The size of the leased or owned lot, together with any land over which the applicant has
obtained an easement,shall be, at a minimum,sufficiently large to include the entire fall
zone.All lots leased or owned for the purpose of construction of a tower as part of ...
telecommunications facility shall conform, at a minimum, to the lot size requirements of the
underlying zoning district or the size of lot necessary to encompass the entire fall zone(to
the extent easements for any part of the fall zone that extends outside the minimum lot size
permitted in the zoning district have not been obtained), whichever requirement results in a
larger lot.[Will revise based on COC's decisions on(1)and(2)above.]
(1) Notwithstanding provisions to the contrary of any other article of this chapter, the f ont,
side, and rear yard requirements of the underlying zoning district in which a
telecommunications facility is erected shall apply not only to a tower, but also to all tower
parts,.,including guy wires and anchors, and to any accessory buildings,..�,nuj urdbzrKa[s.
L. Accessways and parking. [COC should review and revise as appropriate the following
provisions from current Town Code§270-219.I.1
From current Town Code§270-219:
Access and parking.
(1) ff her~a pa P nitta c/,. accessways shall make maximum use of existing public or private roads
to the extent practicable.New accessways constructed solely for telecommunication
facilities must be at least 12, but no more than 24 feet wide, and closely follow natural
contours to assure minimal visual disturbance and reduce soil erosion potential.]The Formatted:Highlight
aesthetic criteria prohibit new accesswa s or collocations and individual s so these Highlight
P Y .f �WF� th Formatted:Hi hl
provisions apply to everything else.]
(2) The road surface(driveways)shall be centered within accessways and shall not comprise
more than 60%of the width of the accessway.
37
(3) P9 JKr� g r rir.i.[t rd,.... rarking areas shall be sufficient to accommodate the usual number of
service vehicles expected on the premises at any one time. Space off of public highways
shall be provided(not necessarily in parking areas)to accommodate the greatest number of
service vehicles expected on the premises at any one time.IThe aesthetic criteria prohibit Formatted:Highlight
new parking areas fop collocations and individual.SWFs,so these provisions apply to _ Formatted:Highlight
everything else.] Formatted:Highlight
(4) Driveways or parking areas shall provide adequate interior turnaround,such that service
vehicles will not have to back out onto a public thoroughfare.
M. Security. [COC should review and revise as appropriate the following provisions from
current Town Code§270-219.J.]
From current Town Code§270-219:
Security.
(1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded
by fencing at least eight feet in height, the top foot of which may, at the discretion of the
Planning Board T h Pia rta. r1�arK i r e. it aid)or I.)ii r r:(or a lrl iiKrrirr .jn deference to the
character of the neighborhood, be comprised of three•-strands of barbed wire to discourage
unauthorized access to the site. The Planning Board(r..,.h.rrw.....,;ite p( rT....s....i.'.r sw;d).car.
Ar cclor rr 1�'Iirrrrrir�g:..may waive the requirement of fencing if, in its Ithei.r discretion itl y
... j ..:. ................
determine�a that other forms of security are adequate, or that, by reason of location or
occupancy,security will not be significantly compromised by the omission, or reduction in
size, of the otherwise required fencing.
(2) Motion-activated or staff-activated security lighting around the base of a tower or
accessory structure entrance may be provided if such lighting does not project off the site,...
and othenvisa; r arsirlrl. �roath.To r. f o t h jpjo i7�.....(Ai"tiar ,..Outadoor).Such lighting
should only occur when the area within the fenced perimeters has been entered.
(3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower.
(l) The I oar d{....(Pohe r t 4rft 2hm I:S r t iirrrP"E'i%1 o IM. , (o .d�l'/irrrtri:dN,rrPCr P"d(rfdr v ('171
locked gate at the junction of the accessway and a public thoroughfare Hfte.F l t ei:r t and to
38
obstruct entry by unauthorized vehicles.Such gate must not protrude into the public right-
of-way.[Delete,or add criteria for the Planning Board/Director of Planning to apply to
determine if a locked gate is necessary?]
N. Removal.
[COC should review and revise as appropriate the following provisions from current Town
Code§270-219.L(2)and(3).]
From current Town Code§270-219:
Removal.
(2) At the time of obtaining a building permit, the applicant must provide a financial security
bond for removal of the telecommunications facility.and property restoration, with the
municipality as the assignee, in an amount cipaJNwveir s r iJied..by the Planning Board..,
lK'heP e it �Ian d d eg1F e<�)or l)dd a.a't` a�9�Pa7PYP if7 a' but not less than$50,000.[COC �Formatted:Font:Italic,Highlight ..�
should decide whether to require a removal bond for collocated facilities and small cells,
and ifso,the minimum amount,Staffshould verify if$50,000[s still a reasonable Formatted:Font:Italic,Highlight
number for large towers.] (Formatted:Font:Italic,Highlight
(3) At times of modification of tliJr... iJml sir raxedd c ..axr7 of p.crra /a ..t/P I'P9 6r1 ix r s.r::t,
the Ple.wffr iit l mo-sl has a rara....2j 1111itr,,.._may adjust the required amount of the financial
security bond to adequately cover increases in the cost of removal of the
telecommunications facility and property restoration.
[Fishkill handles the removal amounts differently and in a way that applies to all facilities.
Does COC prefer this approach?If so,Fishkill's provisions will be wordsmithed]:
1.Bond Requirement
At, or prior to the filing of an Application for a Special Use Permit for the installation of a new
Personal Wireless Service Facility, each respective Applicant shall provide a written estimate
for the cost of the decommissioning and removal of the Facility, including all equipment that
comprises any portion or part of the Facility, compound and/or Complex, as well as any
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Accessory Facility or Structure, including the cost of the full restoration and reclamation of the
site, to the extent practicable, to its condition before development in accord with the
decommissioning and reclamation plan required herein. The Planning Board's engineer shall
review this estimate.
Upon receiving a special use permit approval f om the Planning Board, and a building permit,
prior to the commencement of installation and/or construction of such Facility or any part
thereof, the Applicant shall file with the Town a bond for a length of no less than three years in
an amount equal to or exceeding the estimate of the cost of removal of the Facility and all
associated Structures,fencing,power supply, and other appurtenances connected with the
Facility. The bond must be provided within thirty(30)days of the approval date and before any
installation or construction begins.
Replacement bonds must be provided ninety(90)days prior to the expiration of any previous
bond.
At any time the Town has good cause to question the sufficiency of the bond at the end of any
three-year period, the owner and/or operator of the Facility, upon request by the Town,shall
provide an updated estimate and bond in the appropriate amount.Failure to keep the bonds in
effect is cause for removal of the Facility at the owner's expense.A separate bond will be
required for each Facility, regardless of the number of owners or the location.
2.Removal of Abandoned Facilities
Any Personal Wireless Service Facility that is not operated or used for a continuous period of
twelve(12)consecutive months shall be considered abandoned.At the owner's expense, the
owner of said Facility shall be required to remove the Facility and all associated equipment
buildings,power supply,fence, and other items associated with such Facility, compound and/or
Complex, and permitted with, the Facility.
If the Facility is not removed within ninety(90)days, the bond secured by the Tower owner shall
be used to remove the Facility and any Accessory Equipment and Structures.
[More provisions to come]
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