HomeMy WebLinkAboutLL 02 of 1998 Moratorium on Telecommunications TowersTOWN OF ITHACA
LOCAL LAW NO.2 OF THE YEAR 1998
A LOCAL LAW PROVIDING FOR A MORATORIUM
ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS
FOR A PERIOD OF NINETY (90) DAYS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1.Findings and Purpose.The Town Board of the Town of Ithaca finds:
1. The Federal Telecommunications Act (the "Act")wassignedinto law in February of
1996. The Act preserves the authority of local governments over reasonable nondiscriminatory
decisions regarding the placement,construction and modification of telecommunications towers.
The passage of the Act, the increased sale of airwave rights and issuance of licenses by the
FCC, the increased demand for wireless communicationservices, and new technology have lead
to a significant increase in the demand for telecommunications towers within the State.The
Town of Ithaca expects to receive requests to locate such towers and accessory uses within the
Town.
2. The construction of such towers may have significanteffects upon the general public
as well as the surrounding properties, including, among others, adverse visual impacts because
of size and lighting, and possible damage to property in the event of improper design or
construction of such towers and supporting facilities.
3. In view of the possible proliferation of such towers it would be appropriate to
consider the need for regulating the construction of such towers in the Town of Ithaca and
research the manner that would be appropriate to regulate same;
4. At present,the Town's Zoning Ordinance may not permit such towers anywhere in
the Town except possibly in Agriculture Districts,and if such towers were to be permitted,it
would be appropriate to consider where in the Town they might be located and what steps might
be taken to minimize the size and number of such towers;
5. The Town has begun the process of considering the effects of telecommunications
towers and related facilities on a community and surrounding properties,the appropriate
locations in the Town for such facilities,and the amount of regulation,if any,necessary and
permissible to minimize adverse visual and other effects balanced with the need for such
facilities;
6. The Town's Codes and Ordinances Committee is already considering possible
legislation amending the Town's Zoning Ordinance to permit and regulate such types of
facilities, and it is anticipated that such legislation can be completed and acted upon by the
appropriate Town bodies within 90 days of the adoption of this local law;
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7. The purposes of any new legislation would be significantly subverted if a
telecommunications facility were to be constructed or established before appropriate legislation
could be completed, reviewed, and properly adopted; and
8. Accordingly, in order to maintain the statusquorelativeto telecommunicationstowers
and related facilities during the limited time the Town needs to adequately research the issues
related to regulating such facilities and to complete and adopt such legislation,it is necessary
to adopt this local law.
Section2. Definitionof Telecommunications Facility.For the purposes of this local
law, a "Telecommunications Facility" is any commercialequipmentused in connection with the
provision of two-way wireless communication services,including cellular telephone services,
personal communications services, and private radio communications services, regulated by the
Federal Communications Commission in accordance with the Telecommunications Act of 1996
and other federal laws. A Telecommunications Facility shall include monopole, guyed, or
latticework tower(s),as well as antenna(s), switching stations, principle and accessory
telecommunications equipmentand supporting masts, wires, stmctures, and buildings.
Section3. Prohibition of Telecommunications Facilities.For a period of ninety days
from the date of enactment of this local law, no new Telecommunications Facility shall be
constmcted or established or permitted in the Town of Ithaca.
Section 4.Implementation of Prohibition.For a period of ninety days from the
enactment of this local law
1.No Town official shall accept for filing any application for the construction of any
Telecommunications Facility;
2. The Town Planning Board shall not grant any approvals,preliminary or final, for any
site plan or subdivision involving,or related to, the construction or establishment of a
Telecommunications Facility;
3. The Town Zoning Board of Appeals shall not grant any special approval or variance
permitting the construction or establishment of a Telecommunications Facility;and
4. The Building Code and Zoning Enforcement Officer shall not issue any building or
other permit for any construction or change of use that is related to, or would result in the
construction or establishment of a Telecommunications Facility,
Section 5.Penalties.
1. Any person constructing or establishing a Telecommunications Facility in violation
of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State
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of New York.
2.In the event of an unlawful construction or establishment of a Telecommunications
Facility, in addition to any other remedies available to the Town, the proper authorities of the
Town may institute any appropriate action or proceedingto enjoin, prevent,restrain,correct or
abate such violation or any construction or occupancy in violation of this local law.
Section 6.Term. This local law shall be in effect for a period of ninety days from its
effective date,provided,however,that the penalty section shall remain in full force and effect
after such ninety day period for the purpose of prosecuting any violation which occurred during
such ninety day period.
Section 7. Applicability. This local law shall apply to all areas of the Town of Ithaca
outside the Village of Cayuga Heights.
Section 8.Partial Invalidity.If any provision of this law is found invalid by any court
of competent jurisdiction,such invalidity shall not affect any other provisions of this local law
which shall remain in full force and effect.
Section 9.This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
