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HomeMy WebLinkAboutZBAA-24-18 Materials 2 Exibit A-JNIXON PEABODY Nixon Peabody LLP Jared C. Lusk 1300 Clinton Square Partner Rochester, NY 14604-1792 Attorneys at Law T / 585.263.1140 nixonpeabody.com F / 866.402.1491 VNixonPeabodyLLP jIusk@nixonpeabody.com May 29, 2024 VIA FEDERAL EXPRESS AND ELECTRONIC MAIL Planning Board & Zoning Board of Appeals Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 Attention: Christine Balestra, Senior Planner (cbalestra@town.ithaca.nyus) RE: Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless' application (the "Application") to the Town of Ithaca (the "Town") for a special use permit and site plan approval from the Planning Board and an area variance from the Zoning Board of Appeals to construct and operate a 134' wireless telecommunications facility (with 4' lightning rod) on property located at 111 Wiedmaier Court (Tax Parcel No. 56.4-1.22) in the Town of Ithaca, Tompkins County, New York (Verizon Wireless' "Shinny View" site) Dear Members of the Zoning Board of Appeals and Planning Board: Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless ("Verizon Wireless") is a public utility and wireless telecommunications licensee of the Federal Communications Commission ("FCC"). To remedy service inadequacies in and around the Town of Ithaca, Verizon Wireless submits this Application to construct and operate a wireless telecommunications facility (the "Project") at I I I Wiedmaier Court in the Town of Ithaca, New York, Tax Parcel No. 56.-4-1.22 (the "Site"). The Site consists of a 50' x 50' parcel leased from S Roberts WC Land LLC (the "Landowner"), The Project would consist of the construction of a 134' monopole tower (with an additional 4' lightning rod) and wireless telecommunications antennas, associated exterior equipment cabinets, together with other site improvements, all as shown on the enclosed site plan prepared by Tectonic Engineering. (the "Site Plan"). The Site is located in the Town's Conservation ("C") zoning district. Pursuant to the Code of the Town of Ithaca (the "Code"), telecommunications facilities are permitted in the C zoning district upon the issuance of site plan approval and a special use permit from the Planning Board (Code § 270-219(D)(5)). Additionally, the 134' tower and additional attachment exceeds the C zoning district's maximum height limit, which restricts the height of nonagricultural buildings to 38 feet in height from lowest interior grade and 36 feet in height from lowest 4872-6179-2134.1 Planning Board & Zoning Board of Appeals Town of Ithaca May 29, 2024 Page 2 exterior, per Code § 270-16. Therefore, Verizon Wireless also submits this Application to the Zoning Board of Appeals for an area (height) variance. Accordingly, please accept this letter and the following exhibits and enclosures as Verizon Wireless' Application for a site plan approval and a special use permit from the Planning Board, and an area (height) variance from the Zoning Board of Appeals: Exhibit A: Copy of Town -supplied application forms; Exhibit B: Project description; Exhibit C: Applicable legal standards; Exhibit D: Proof of Compliance with the Town's Site PIan Review Requirements, as set forth in Article XXIII of the Code; Exhibit E: Proof of Compliance with the Town's Special Use Permit Requirements, as set forth in Article XXIV of the Code; Exhibit F: Proof of Compliance with the Town's Standards for Wireless Telecommunications Facilities, as set forth in § 270-219 of the Code; Exhibit G: Proof of Compliance with the Town's area variance standards; Exhibit H: Radio Frequency search ring justification ("RF Justification Report"), with propagation studies setting forth the need for the Project; Exhibit I: Site selection report; Exhibit J: Copy of Verizon Wireless' FCC licenses for Tompkins County; Exhibit K: Long Environmental Assessment Form ("Long EAF" ), with visual addendum; Exhibit L: Verizon Wireless' collocation policy; Exhibit M: Removal letter; Exhibit N: Proof of the Landowner's consent to this Application; Exhibit O: Structural report; Exhibit P: Proof of compliance with federal regulations; Exhibit : Photosimulation report; Exhibit R: I I" x 17" copy of the Site Plan; Exhibit S: SWPPP; Exhibit T: Noise study; Exhibit U: Verizon Wireless' responses to the Town's December 11, 2023 pre - application comments; Exhibit V: Letter regarding the requested drive test and dropped call data; 4872-6179-2134.1 Planning Board & Zoning Board of Appeals Town of Ithaca May 29, 2024 Page 3 Exhibit W: Required insurance certificates; Exhibit X: Statement of special inspections; and Exhibit Y: Letter regarding the required economic analysis. Also included with this Application are: • Fifteen (15) copies of this Application book; + Fifteen (15) copies of the I I" x 17" Site Plan (see Exhibit R); • A check in the amount of $2,925 for applicable application fees; and • Four (4) full-sized copies of the Site Plan (three (3) for the Town and one (1) for referral to Tompkins County Planning). Because the Project is located within 500 feet of the Town's boundary with the Town of Dryden, this Application must be referred to the Tompkins County Department of Planning pursuant to General Municipal Law § 239-m. Please refer this Application to the Tompkins County Department of Planning as soon as possible. An extra copy of this Application is enclosed for this purpose. We respectfully request that this Application be placed on the agenda for the next available Zoning Board of Appeals and Planning Board meetings. In the meantime, should you have any questions or require additional information, please do not hesitate to contact me. Thank you. JCLJmkv Enclosures cc: Brett Morgan, Airosmith Development, Inc. Jeff Twitty, Esq., Nixon Peabody LLP 4872-6179-2134.1 EXHIBIT A TOWN OF ITHACA DEVELOPMENT FOR OFFICE USE ONLY 04� of orb, 'l � 215 North Tioga Street REVIEW Date Received: I I f`w y9�t Ithaca, NY 14850 APPLICATION Project No. - - (607) 273-1747 ALL APPLICATIONS: Type of Application: Subdivision Lot Line Modification Site Plan X Special Permit X Rezoning/New PDZ Rezoning, other than PDZ Amend existing PDZ Stage of Review: Sketch X Preliminary Final Add'1 Meeting Project Name (if any): Verizon Wireless' "Sunny View" Site Street Address/Location of Project: 1 1 1 Wiedmaier Court Tax Parcel No.: 56.4-1.22 Owner: S Roberts WC Land LLC Owner's Address: Phone No.: 111 Wiedmaier Court Email: Applicant or Agent (if different from Owner): Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless Applicant/Agent's Address: Phone No.: 1275 Jahn Street, Suite 100, West Henrietta, NY 14586 Email: (585) 313-3027 Engineer: Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C. Phone No.: (518) 783-1630 Architect: Phone No.: Attorney: Jared C. Lusk, Esq., Nixon Peabody LLP Phone No.: (585) 263-1140 S UBDI VISION APPLI CA TIONS: Total number of lots proposed (existing + new): Are new roads or public utilities proposed? Estimated site improvement cost (exclude cost of land acquisition & prof. fees): SITE PLAN APPLICATIONS. Project is (circle or check one): Residential VNon-Residential Lot Area: 12.34 acres Total Bldg. Floor Area: N/A No. of Dwelling Units: 0 Estimated project cost (exclude cost of land acquisition & prof. fees): $150,000 REZONING APPLICATIONS. Existing Zoning: Proposed Zoning: ALL APPLICATIONS: The information on this application form is submitted in addition to other information, plats, andplans required by the Town of Ithaca. I attest that all information so submitted is complete and accurate to the best of my .knowledge. Also, by filing this application, permission is granted to members of the various Town Boards, Committees, Pl ruing and Engineering Staff, and Councils, and/or any otherpersons designated by the Town th ay 1, involved in the rev w of this application, enter the property specified above to inspect in connection with the revi w 'this application. �AAI -"/ S a Owner's Signature Date antlAgent Si tore (if different) Date FINA[.3/K/��1�744-2Q64,1 1 f DEVELOPMENT APPLICATION FEE SCHEDULE FOR OFFICE USE ONLY TYPE OF REVIEW APPLICATION FEE (non-refundable) Fee Amount Due Subdivision Review: Sketch Plat: 1-10 new lots * without new roads or public utilities $125.00 All Others * S 125.00 plus $5 / lot Preliminary Plat: 1-10 new lots (without new roads or public utilities)$125.Q0 plus $25 /lot All Others * $125.00 plus $50 / lot Final Plat: 50% of Preliminary Plat Fee Plats,Re- lats whose sole purpose is to dedicate land for public use - no charge Lot Line Modification (Administrative Review) $75.00 Site Plan Review: Sketch Plan: $125.00 Preliminary Plan: Estimated Project Cost: $1 - $50,000.99 $250.00 $50,001 - $100,000.99 $350.00 $I00,001 - $250,00099 $400.00 $250,001 - $500,000.99 $500.00 $500,001 - $1,000,000.99 $750.00 $1,000,001-$2,500,000.99 $1,000.00 $2,500,001 - $5,000,000.99 $1,500.00 $5,000,001 - $10,000,000.99 $2,000.00 $10,000,001 - $20,000,000.99 $2,500.00 Over $20,000,00099 $3,000.00 Projects With Interior Work Only $200.00 Final Plan 50% of Preliminary Site Plan Fee Rezoning: Planned Development Zone (PDZ)**: $350 plus initial escrow fee of $2500 and any associated site plan and/or subdivision fees PDZ Amendment: $200 Rezoning other than PDZ: $350 Special Permit: $100.00 if not with site plan application_ Additional Meeting Fees: Agenda Processing $30.00 Public Hearing Processing $50.00 Please consult Local Law No. 3, 2016, for a complete explanation of application fees. Fees Paid: Receipt #: Check #• NOTES: * Number of new lots is the number that would exist after subdivision. **PDZ = Planned Development Zone: a zone that was created to allow flexibility of uses on a property. Each PDZ is unique and contains an individualized list of permitted uses specific to that PDZ. See Town Code, Chapter 271 to review the existing PDZ's in the Town of Ithaca. Received by Date FINAL 31PAR-i i744-2064.1 3TOWN OF ITHACA DEPARTMENT OF PLANNING 215 N. Tiogn St 14850 607.273.1747 wwiv.toivn. ithaca.n),.us SITE PLAN REVIEW OWNER'S AUTHORIZATION & CERTIFICATION FORM IIWe hereby affirm that I/we am/are the owner(s) of the property located at: Property Address/Location(s): 111 Wiedmaier Court City: Town of Ithaca Tax Map and Parcel Number(s): 56.-4-122 State: NY Zip Code: 14850 By signing below, f/we authorize the individual(s) identified in the following section to act as mylour authorized agent regarding any and all site plan application(s) made to the Town of Ithaca Planning Board for the activities described. The individual(s) identified below shall remain in this capacity regarding any applications and subsequently issued permits related to these activities indefinitely unless an express written request to terminate this authorization, signed by me, is submitted to the Town of Ithaca Planning Department. l/we also certify that l/we have caused the land to be surveyed and the site plan to be prepared; that l/we agree and guarantee to construct the project and any required infrastructure elements in the manner presented by the finally approved site plan; and that l/we make any dedications indicated on the final site plan. Project/Activity for which Application is being made: Construction and operation of a 134' wireless telecommunications facility (with 4' lightning rod). Signature of Owner(s): Date: Signature of Owner(s): Date: Printed Owner(s) Name: S Roberts WC Land LLC Printed Owner(s) Name: Printed Name of Applicant/ Owner's Authorized Agent: Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless Address: 1275 John Street, Suite 100 City: West Henrietta State: NY Zip Code: 14586 Telephone Number: (585) 263-1140 (Jared Lusk, attorryey for Verizon Wireless) Email Address: jl Signature of Applicant/Ag�nt: com \—� _- _ Date: k, Esq., Nixon Peabody LLP, Attorneys for Veri on Wrel6ss Once completed, pl 5/1/2022 4882-9095-2592.1 ubmit this form to the Town of Ithaca Planning Department. Vimislik, Melissa From: Lusk, Jared Sent: Wednesday, November 15, 2023 10:12 AM To: Vimislik, Melissa Cc: Twitty, Jeffrey Subject: Fwd: Message received about 111 Wiedmaier Ct (VZW - Sunny View) Please print below for the sunny application Sent from my iPhone Begin forwarded message: From: Brett Morgan<BMorgan @airosmithdevelopment.com> Date: November 15, 2023 at 10:09:58 AM EST To: "Lusk, Jared" <jlusk@nixonpeabody.com>, "Twitty, Jeffrey" <jtwitty@nixonpea body.com> Subject: FW: Message received about 111 Wiedmaier Ct (VZW - Sunny View) [EXTERNAL E-MAIL] Be Aware of Links and Attachments BP application rejection is below. AIR*SMITH Certified Women Business Enterprise (WBENC) Brett Morgan Site Acquisition Specialist Mobile: 585-339-8617 bmoraanCd)airosmithdevelooment.com 1900 Empire Blvd - PMB4 191, Webster, NY 14580 This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom it is addressed. If you hove received this e-mail in error, please contact bmoroan@airosmithdevelopment.com. ® re)] 11 From: Town of Ithaca <noreply@opengov.com> Sent: Wednesday, November 15, 2023 10:02 AM To: Brett Morgan<bmorgan@airosmithdevelopment.com> Subject: Message received about 111 Wiedmaier Ct You don't often get email from noreply@opengov.com. Learn why this is important Town of Ithaca Chris Balestra (she/her) commented on Code Dpt. Administrative Review: "@Marty Moseley C.J. Randall @Abby Homer @Joseph Slater PEmilv Banwell @Ashley Colbert @Martin Kelly Hi Brent, This project requires approval by our Planning Board, along with permits from the Code Enforcement Department. Pursuant to Town Code, Section 270-219.E (2), the Directors of Code Enforcement and Planning will review your submission for completeness and will notify you if the application is incomplete and, if so, what is missing. We will notify you digitally via email and via this online platform. Message: Because this is a new non -small wireless facility, pursuant to 47 CFR 1.6003, the Town of Ithaca has 30 days from the receipt of this application (received: November 13, 2023) to respond with a notice of incompleteness. You will therefore receive notification by Wednesday, December 13, 2023. If you'd like to discuss this with staff, please contact Christine Balestra at (607) 273-1721, ext. 121 or cbalestra@town.ithaca.ny.us Where: 111 Wiedmaier Ct Type: TOI - General Building Permit Application Number: BLD-23-219 0 Powered by OpenGov EXHIBIT B a / 1 EXHIBIT B PROJECT DESCRIPTION Bell Atlantic Mobile Systems, LLC d/b/a Verizon Wireless ("Verizon Wireless") is a public utility, and federally licensed wireless telecommunications provider. It currently has service inadequacies in the Town of Ithaca (the "Town"). To remedy this service inadequacy, Verizon Wireless is proposing to construct and operate a new wireless telecommunications facility (the "Project") at 111 Wiedmaier Court on property owned by S Roberts WC Land LLC and identified as Tax Parcel No. 56.4-1.22 (the "Project Site"). This Application consists of a request for site plan approval and a special use permit from the Planning Board, as well as an area (height) variance from the, Zoning Board of Appeals to permit the Project to provide adequate and reliable wireless telecommunications service to emergency services, businesses and individuals in and around the Town. The Project would consist of the construction and operation of a 134' tower (plus a 4' lightning rod), exterior equipment cabinets and other associated improvements, all as shown on the enclosed site plan prepared by Tectonic Engineering. Essentially, wireless telecommunication devices operate by transmitting a very low power radio signal between the wireless telecommunication devices and an antenna mounted on a tower, pole, building or other structure. The antenna feeds the signal to electronic apparatus located near the antenna (the "base station"), where it is connected to traditional telephone systems, and is then routed anywhere in the world. The antennas and base station are known as a "cell site." Because of the low power, a cell site is capable of transmitting to and from wireless telecommunication devices only within a limited geographic area. This limited geographic area is called a "cell." A cell site must be located within a prescribed area in order to provide coverage for the entire cell. Wireless telecommunications technology requires that cells overlap somewhat in order to provide uninterrupted service. When the wireless telephone user moves into a new cell, the transmission is automatically transferred to the cell site in the new cell. If there is no cell site in the new cell, there is no wireless telecommunications service. 4872-6179-2134.1 -2- Because each cell site must be placed in such a manner as to provide service within a particular cell, and so as to provide overlapping (but not duplicate) coverage with the existing or planned cells around it, there is limited flexibility as to where a cell site can be placed. Wireless telecommunications providers conduct a thorough engineering study, including using an elaborate computer program known as a "propagation study." A propagation study shows, based on cell boundaries, topography and other factors, where a cell site needs to be located in order to provide wireless telecommunications coverage in a particular cell. The wireless telecommunication companies and RF engineers identify technologically feasible locations for the cell site. In this case, the proposed site was identified by Verizon Wireless as being an appropriate site to remedy the service deficiencies. The Project Site was located within that area and was available to Verizon Wireless to meet the technological requirements. As set forth in this application, Verizon Wireless meets the legal standards necessary for the requested approvals. Moreover, the Project will not pollute, will not create noise or vibration, will not create any significant increase in traffic, will not create any environmental problems, will not increase population density, and will not create any demand on governmental facilities. Thus, the Project will not create any detriment to adjoining properties or change the character of the neighborhood. Instead, the Project will enhance governmental facilities and promote the public welfare by providing a modern, more efficient system of communications for police, fire and other emergency services, as well as provide modern wireless telecommunication service to business, industry and individuals in and around the Sunny View cell. 4972-6174-2134.1 Exhibit C EXHIBIT C APPLICABLE LEGAL STANDARDS In Cellular Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993), the New York Court of Appeals determined that wireless telephone facilities are public utilities. The Court held that proposed wireless telephone installations are to be reviewed by zoning boards pursuant to the traditional standard afforded to public utilities, rather than the standards generally required for the necessary approvals. `It has long been held that a zoning board may not exclude a utility from a community where the utility has shown a need for its facilities.'... Application of our holding in Matter of Consolidated Edison to sitings of wireless telephone companies, such as Wireless One, permits those companies to construct structures necessary for their operation which are prohibited because of existing zoning laws and to provide the desired services to the surrounding community.... Moreover, the record supports the conclusion that Cellular One sustained its burden of proving the requisite public necessity. Cellular One established that the erection of the cell site would enable it to remedy gaps in its service area that currently prevent it from providing adequate service to its customers in the Dobbs Ferry area. Rosenberg, 82 N.Y.2d at 372-74 (citing Consolidated Edison Co. v. Hoffman, 43 N.Y.2d 598 (1978)). This special treatment of a public utility stems from the essential nature of its service, and because a public utility transmitting facility must be located in a particular area in order to provide service. For instance, water towers, electric switching stations, water pumping stations and telephone poles must be in particular locations (including within residential districts) in order to provide the utility to a specific area: [Public] utility services are needed in all districts; the service can be provided only if certain facilities (for example, substations) can be located in commercial and even in residential districts. To exclude such use would result in an impairment of an essential service. 4872-6179-2134.1 -2- Salkin, New York Zoning Law Practice, 4th ed., § 7:12 (2013) (hereafter "Salkin"). See also, Wireless Tel. Co. v. Rosenberg, 82 N.Y.2d 364 (1993); Payne v. Taylor, 178 A.D.2d 979 (4th Dep't 1991). Accordingly, the law in New York is that a municipality may not prohibit facilities, including towers, necessary for the transmission of a public utility. In Rosenberg, 82 N.Y.2d at 371, the court found that "the construction of an antenna tower ... to facilitate the supply of cellular telephone service is a `public utility building' within the meaning of a zoning ordinance." See also Long Island Lighting Co. v. Griffin, 272 A.D. 551 (2d Dep't 1947) (a municipal corporation may not prohibit the expansion of a public utility where such expansion is necessary to the maintenance of essential services). In the present case, Verizon Wireless is suffering from inadequate service coverage in the Town of Ithaca. The Project is needed to remedy this service problem and to provide wireless telecommunications service coverage to this area. Therefore, Verizon Wireless satisfies the requisite showing of need for the facility under applicable New York law. 4872-6179.2134.1 EXHIBIT D FXHTRTT D PROOF OF COMPLIANCE WITH THE TOWN'S SITE PLAN REVIEW REQUIREMENTS, AS SET FORTH IN ARTICLE XXIII OF THE CODE Article XXIII of the Code contains the requirements for site plan review in the Town of Ithaca. The requirements of the Code are reproduced below in bold italicized type, followed by Verizon Wireless' response,in regular type. § 270-182. Purpose. The purpose of site plan review is to provide for the review and approval of development plans to ensure that land development occurs in harmony with surrounding uses, without adversely impacting neighboring parcels, property values, public facilities, infrastructure or the natural environment," No response necessary. § 270-183. Site plan required prior to building permit or certificate of occupancy or certificate of compliance. [Amended 5-12-2014 by L.L. No. 9-20141 Before a building permit or certificate of occupancy or certificate of compliance can be issued for any of the activities for which site plan approval is rewired, a site plan must be approved by the Planning Board in accordance with these and other applicable provisions.. No response necessary. § 270-184. Applicability. The requirements set forth in this article shall apply to all activities or developments that are referred to elsewhere in this chapter as requiring a site plan approval. In addition, and supplementing such provisions, the requirements of this article shall also apply to the following actions except as to those actions specifically exempted, or for which alternative specific site plan review and approval requirements are established, elsewhere in this chapter: A. All new commercial, industrial or institutional development. No response necessary. , B. All new multifamily housing. No response necessary. C. Any modification of existing commercial, industrial, institutional or multifamily buildings, for which no previous site plan exists. No response necessary. 4972-6174-2134.1 -2- D. Any conversion of an existing residential structure to a nonresidential use (except as may have occurred in connection with a home occupation established in conformity with the provisions of this chapter).' No response necessary. E. Any conversion of an existing nonresidential structure into a residential structure containing three or more dwelling units 'No response necessary. F. Any modification to an existing residential structure which increases the number of dwelling units in the building to three or more dwelling units. No response necessary. G. Any change of an existing'nonresidential building from one type of use specified in this chapter to another (e.g., conversion of a commercial structure to an.industrial facility or conversion from a warehouse.to a restaurant). No response necessary. H. Any other modification to any facility or structure not set forth in the preceding subsections, for which final site plan approval was or is presently required by the terms of this chapter or any modification to any previously approved site plan, except as otherwise authorized below. No response necessary. In an NT-3, NT-4, NT 4u, or NT-5 zone, the New Neighborhood Code defines the types and 'thresholds of actions that need site plan review. (See § 272-704.) [Added 11-9-2020 by L.L. No. 6-20201 § 270-185. - Procedure. A. The site plan process incorporates three successive stages: a) sketch plan review, b) preliminary site plan approval,. and c) final site plan approval. Final site plan approval is required in all cases prior to the issuance of a building permit or certificate of occupancy or certificate of compliance. The sketch plan review is at the option of the applicant except as may be required by the Director of Planning if the proposed project is complex, has significant potential effects on the environment, or if other conditions exist such that a sketch review would be beneficial to the applicant or the Town. (Amended 5-12-2014 by L.L. No. 9-2014J Editor's Note: Former Subsection D, regarding expansion, was repealed 9-9-2019 by L.L. No. 7-2019. This local law also redesignated former Subsections E through I as Subsections D through H. 4872-6179-2134,1 -3- No response necessary. B. Sketch plan review. The sole purpose of sketch plan review is to review generally and informally the proposed project, advise the applicant as to whether it is reasonable to anticipate a positive response to a fornial application, and to Highlight any concerns that may be readily apparent to the Planning Board. No vote of approval or disapproval shall be taken with respect to a sketch plan. No response necessary. C. Preliminary site plan review. An applicant may, at his or her discretion, apply for preliminary site plan approval. Further, if the Planning Board determines that an application for final site plan approval is insufficient for an affirmative decision, the Board may grant preliminary site plan approval with such conditions and restrictions as are permitted by § 274-a of the Torun Law or any similar or successor statute. No response necessary. D. Formal application. (1) Unless other requirements of this chapter govern (e.g., the procedures for creation of Planned Development Zone) the applicant shall make formal application for site plan approval by submitting, at a minimum: (a) One completed and signed development review application. See Exhibit A (copy of Town -supplied application forms). (b) Applicable application fees The applicable fees are enclosed. See p. 2 of the letter. (c) Deposit of review fees. Verizon Wireless will provide all applicable review fees for this Application that may be legally imposed by the Town. Please notify us of the applicable review fees for this Application. (d) One fully completed and signed short environmental assessment form, Part I (SEAF), or long environmental assessment form, Part I (LEAF), whichever is required See Exhibit K (Long EAF). (e) Estimate of costs of site improvements (excluding cost of land acquisition and professional fees) to be prepared (preferably) by a licensed professional engineer. 4872-6179-2134.1 M The costs of site improvements are to be determined once the Project is approved and the final plans are submitted to approved contractors as part of Verizon Wireless' standard procurement process. The costs will be shared with the Town with the building permit application. (f) Four full-size dark -line prints of the site plan and 25 reduced copies of all sheets of the plan (the reduced copies to be no larger than II inches by .17 inches) with all required information. The required plans are enclosed with this Application. See Exhibit R (Site Plan). (g) All other information required by this chapter or other laws, rules or regulations for site plan approval. This Application so complies. (2) The application for site plan approval shall not be deemed complete until all of the above items are received by the Town Planner and the requirements of SEAR have been met. No response necessary. E. Upon receipt of a complete application, the Planning Board shall hold a public hearing in accordance with the provisions of Town Law § 274-a or any similar or successor applicable statutes and shall render a decision approving, approving with conditions, or disapproving the site plan. No response necessary. F. In making its decision, the Planning Board shall have the power to impose conditions and restrictions as authorized bye' 274-a of the Town Law or any similar or successor statute. No response necessary G. If preliminary site plan approval is granted, when the developer applies for'final site plan approval the same procedures shall again be utilized, except that if the final site plan is in substantial agreement with the site plan that received preliminary site plan approval, no further action under SEQR shall be required. If the final site plan -differs significantly from the preliminary site plan, it shall be treated as a new application, including compliance with applicable SEQR requirements. . No response necessary. H. In reviewing the final site plan application following preliminary site plan approval, the Planning Board shall, in the absence of significant new information, confine its review to determining whether the final plan a) conforms to the preliminary plan, b) complies 4872-6179.2134,1 -5- with any conditions imposed by the Board in granting preliminary approval, and c) complies in all other respects with the provisions of the Town Law and this chapter No response necessary. I. The owner and applicant shall be bound by the final site plan as approved by the Planning Board, and all construction and development shall occur only in accordance with the finally approved site plan, unless specifically otherwise authorized by the provisions of this chapter. No response necessary. § 270-186. Site plan requirements [Amended 2-11-2008 by L.L. No. 4-2008; 5-12-2014 by L.L. No. 9-2014, 7-11-2022 by L.L. No. I2-20227 The site plan shall include the following items, and such additional items as may be reasonably requested by the Planning Board in order to fully and adequately review the application for approval of the site plan or other permit or authorization being sought, which requirements may be articulated on one or more checklists supplied to applicants for site plan approval or modification. Without limiting the authority of the Planning Board or other reviewing board of the Town with respect to additional items, the minimum items to be included are set forth below with respect to each type of site plan being reviewed A. Sketch plan requirements. The sketch plan submission(s) shall include: (1) General project narrative that describes the project and explains the purpose of the project, including the type and density of development, water and sewer systems proposed, and general timetable far the development. See Exhibit B (Project Description) and Exhibit R (Site Plan). (2) General location reap of the proposed development in the Town. See Exhibit R (Site Plan). (3) A drawing that shows. (a) Approximate property boundaries ofparcel(s) involved. (b) Existing land use of property and immediately adjacentproperties. (c) Approximate locations of existing buildings and structures (accessory buildings, walls, fences, parking areas, etc.). (d) Approximate locations of existing water and sewerage facilities. (e) Approximate location of adjacent or nearby highways. (f) General topography ofproject area. 4872-6179-2134.1 IO W Location of potentially significant, natural, or cultural features on or adjacent to the project site (streams, wetlands, ponds, slopes, historic structures, etc.). See Exhibit R (Site Plan). (4) A drawing that shows: (a) Proposed land use of the property, with proposed buildings and structures. (b) Approximate locations of proposed water and sewerage facilities. (c) Approximate locations ofproposed stormwater facilities (d) Approximate locations of proposed roadway, pedestrian, and bicycle facilities. See Exhibit R (Site Plan). B. Preliminary site plan requirements. [NOTE. All applications should be submitted in digital format, with drawing sizes and numbers ofpaper copies as specified by staff.] The preliminary site plan submission(s) shall include: (1) Detailed project narrative that'explains the project and any attachments, plans, and reports accompanying the submission. See Exhibit R (Site Plan). (2) Drawings that are clear, legible, accurate, and contain the name and seal of the licensed land surveyor, engineer, architect, and/or landscape architect who prepared the materials and are associated with the project See Exhibit R (Site Plan). (3) Drawings must contain the project title and address, with town, county, and state, North arrow, preparer's name and address, and dates (including revision dates). Map scale should be no less than one inch equals 20 feet, or at a scale of adequate size to clearly identify all features and infrastructure throughout the limits of the project and corresponds to a ratio on a US engineering scale. See Exhibit R (Site Plan). (4) Key map, when more than one sheet is required to present site plan. See Exhibit R (Site Plan). (5) Context/vicinity map showing the general location of the property. See Exhibit R (Site Plan). 4872.6179-2134.1 -7- (6) Site survey/existing condition plan that shows: (a) Nance and address of all owners of the property. (b) Exact boundary lines of tract, indicated by a heavy line. (c) Easements, navies of easement owners, and recording information for easements. (d) Rights -of -way (ROW) and owners of the ROW. (e) Existing buildings and all other structures on the property. (f) Existing parking areas, including number of parking spaces. (g) Existing streets, driveways, loading areas, sidewalks, and curb cuts. (h) Existing bicycle and pedestrian facilities (i) Existing hydrologic and topographical features, including drainage and runoffpatterns, flood hazard areas, streanrs,2 slopes, ponds, and wetlands. (j) Existing lighting and signage. (k) Existing woodlands, brushlands, significant habitats and rare plants. (1) Existing known cultural features, structures or sites listed (or eligible far listing) on the State or National Registers of Historic Places (m) Existing unique natural areas on or adjacent to the project site. See Exhibit R (Site Plan). (7) Site plan that shows the location of (a) Property lines with dimensions and area, including property lines of adjacent properties (b) Identification of any buildings or structures to be removed. (c) Proposed buildings and other structures (accessory structures, dumpsters, fences, walls, etc.). (d) Proposed streets, driveways, sidewalks, trails, and curb cuts, • with appropriate profiles '- Editor's Note: See Public Officers Law § 84 et seq. 4872-6179-2134.1 (e) Proposed on -site circulation, including parking spaces (numbered, with dimensions noted), bicycle 'and pedestrian facilities, loading areas, stacking spaces with dimensions and setbacks. (f) Proposed landscaping and planting plans, including proposed buffers (g) Location of. proposed site signage with setbacks (directional signs, freestanding signs, etc.). (h) Location of proposed outdoor lighting. (i) Accurate outlines and descriptions of any easements and/or areas to be dedicated or reserved for public use or acquisition, with the purposes indicated thereon, and of any easements or areas to be reserved by deed covenant or otherwise for common uses of some or all property owners, tenants, or other users of the property in the project. 0) References to any separate instruments, including restrictive covenants, that directly affect the land in the project. See Exhibit R (Site Plan). (8) Building elevations, that include: (a) Scaled elevation drawings of all existing structures to remain. (b) Proposed building architectural elevations with dimensions, including inaxifnum height above grade. (c) Rendered elevations showing all facades keyed to building materials. (d) Proposed building materials and colors. (e) Rooftop equipment and inechanicals. (f) Schematic floor plans, including square footage. See Exhibit R (Site Plan). (9) Grading and drainage information that includes: (a) Existing and proposed contours at one foot contour intervals and spot elevations. (b) Limits of grading, description of cut and fill information (volumes, fill material composition). (c) Stormwater pollution prevention plan (SWPPP), pursuant to Town Code Chapter 228 and all applicable NYSDEC rules and regulations, including 4872-6179-2134.1 -9- location of erosion/sediment control structures and other stormwater management measures. (d) Existing trees to remain and existing trees proposed to be removed (species and diameter at breast height noted). See Exhibit R (Site Plan). (10) Utility information that includes: (a) Location of existing utilities, including size and flow direction of sewers, water supply lines, and culverts (b) Plan and profile ofproposed utilities, including size and flow direction of sewers, water supply lines, and culverts. (e) Location of existing and proposed fire Hydrants. (d) Location of existing and proposed electric, gas, and telephone lines and appurtenances (transformer boxes, valves, etc.). See Exhibit R (Site Plan). (11) Landscaping/planting information, including. (a) Location and type of existing vegetation. (b) Planting schedule, including type and quantity of proposed plant materials (common and botanical names), root specifications and size at time of planting No invasive plants permitted. See Exhibit R (Site Plan). (12) Signs and outdoor lighting information pursuant to Town Code Chapter 270 (Article.,=) and Chapter 173, including: (a) Proposed size, location, height, design, and construction materials for all proposed signs (note whether internally or externally illuminated). (b) Lighting contours, photometrics, and lighting specification sheets for all outdoor lighting. (c)'; Proposed size, location, height, design, and construction materials for all light fixtures. (d) Proposed LED color temperature noted on plan. See Exhibit R (Site Plan). 4872-6179-2134.1 -10- (13) Construction staging and related information that shows: (a) Construction phasing diagram. (b) Construction staging plan, including proposed construction fencing, fencing details, and location of stockpile materials and equipment. (c) Details of proposed tree protection devices during construction. See Exhibit R (Site Plan). (14) Other information, as applicable: (a) A signed owner's authorization and certification form. See Exhibit N (Proof of the Landowner's consent to this Application). (b) Completion of Energy Code Supplement compliance checklist. Not applicable. (c) Completion of agricultural data statement. Not applicable. C. Final site plan requirements. The final site plan shall include: (1) Project narrative, explaining any project changes since preliminary site plan approval, and how the materials comply with conditions ofpreliminary approval. To the extent applicable, see Exhibit R (Site Plan). (2) Final site plan drawings, including any required revised drawings that were necessary to comply with any conditions imposed as part of the preliminary site plan approval process. All drawings require the name and seal of the licensed land surveyor, engineer, architect, or landscape architect who prepared the materials and are associated with the project. Drawings must also contain the project title and address, graphic scale, North arrow, preparer's name and address, and date (including all revision dates). , Verizon Wireless will so comply. (3) Truck routing plans, and any other reports, studies, engineering calculations, documents, or materials that were required to he submitted before consideration offinalsiteplan approval. To the extent applicable, see Exhibit R (Site Plan). 4872-6179-2134.1 -11- § 270-187. Waiver of requirements. The Town Board in those circumstances where a site plan is required for Town Board review, and the Planning Board in those circumstances where a siteplan isprovided forPlanning Board review, may waive one or more items (e.g., topography) otherwise normally required to be shown on the site plan when the applicable board determines that the circumstances of the application do not require a full site plan for adequate consideration of the applicant's proposal. No response necessary. § 270-188. Considerations for approval. The Planning Board's review of a site plan shall include as appropriate, but shall not be limited to, the following considerations: A. Adequacy, arrangement, and location of vehicular. access and circulation, including intersections, road widths, pavement surfaces, off-street parking and loading areas, and traffic controls. To the extent applicable, see Exhibit R (Site Plan). B. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of intersections with vehicular traffic, and appropriate provisions for handicapped persons Not applicable. C. [Amended 2-8-2021 by L.L. No. 2-2021] (1) Adequacy, location, arrangement, size, design, and general site compatibility. of buildings, lighting, open spaces, paved areas, outdoor waste disposal facilities, and contiguity of open spaces Not applicable. (2) Adequacy, location, arrangement, and size of signs Not applicable. D. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs, open spaces, paved areas, outdoor waste disposalfacilities, and contiguity of open spaces. To the extent applicable, see Exhibit R (Site Plan). E. Adequacy, type, and arrangement of trees, shrubs, and other landscaping, including those on site and those constituting a visual and/or noise -deterring buffer between the applicant's and adjoining lands, including the retention of existing vegetation of value to the maximum extent possible. 4872-6179-2134.1 -12- To the extent applicable, See Exhibit R (Site Plan). F. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and utility of open space for playgrounds and for informal recreation. Not applicable. G. Compatibility of the project with the surrounding neighborhood, including protection of adjacent properties and the general public against noise, glare, unsightliness, or other objectionable features. To the extent applicable, see Exhibit R (Site Plan). H. Adequacy of stormwater drainage, water supply, sewage disposal facilities and other community infrastructures and services. See Exhibit R (Site Plan). 1. Adequacy of fire lanes and other emergency provisions. See Exhibit R (Site Plan). J. The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands, floodplains, woodlands, steep slopes, watercourses or bodies, viewsheds, unique natural habitats, and on other open space areas of importance to the neighborhood or community. See Exhibit R (Site Plan). K. The effect of the proposed development on any Historic structures listed or eligible for listing on the National Register of Historic Places. Not applicable. L. The need for, and the adequacy of, any natural or man-made buffers. See Exhibit R (Site Plan). M. Whether the design of the project minimizes the increase of impervious surfaces on the site. See Exhibit R (Site Plan). N. Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Water Resources Ordinances, if applicable, Outdoor Lighting Law,3 Editor's Note: See Ch. 173, Outdoor Lighting. 4872-6l79-2134.1 -13- Complete Streets Policy, and any other applicable laws, rules, requirements, or policies [Amended 10-16-2006 by L.L. No. 12-2006, 5-11-2015 by L.L. No. 3-20151 See Exhibit R (Site Plan) 270-189. Limitations on construction. No site plan shall be approved which provides for construction or other disturbance of land in environmentally sensitive areas, including but not limited to, wetlands, watercourses, steep slopes, unique natural areas, or rare plant or animal habitats, unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction may occur without adverse environmental effects upon such areas. Nothing in this subsection is intended to permit construction or other activities in areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county,'or local government. To our knowledge, the site is not located on an environmentally sensitive area. ,§' 270-190. Reservation of parkland on site plans containing residential units. If the proposed project includes dwelling units, the Planning Board may, in accordance with the provisions and requirements of Town Law § 274-a or any similar or successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by § 274-a, monies in lieu of parkland. Not applicable. § 270-191. Modifications of site plans. [Amended 9--9-2019 by L.L. No. 7-2019] A. A site plan that has received final site plan approval may be modified upon submission of an application for such modification. The application must comply with the provisions of this article. The procedures are the same as for an initial application for site plan approval. Not applicable. B. Planning Board approval of a modification is required if the modification involves or includes any of the following: (1) Enlarging the square footage of an existing or previously approved building by more than 20% or 2,000 square feet gross floor area, whichever is less. Enlargements that do not meet this threshold remain subject to the. determination in Subsection B(9) below; Not applicable. (2) Adding five or more parking spaces; Not applicable. 4872-6179-2134.1 - 14- (3) Construction, alteration, or renovation of the interior of a building involving a change in use, Not applicable. (4) Alteration of traffic flows and access, or a significant (in the judgment of the Director of Planning) increase in the volume of traffic; Not applicable. (5) A significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element, including landscape and lighting details, from the last approved site plan; Not applicable. (6) A change in the impacts of the project on surrounding properties, such as an increase in noise, stormwater runoff, light illumination, or obstructions to views; Not applicable. (7) Demolition, or a proposed demolition, of an existing previously approved building with a footprint larger than 3;000 square feet; Not applicable. (8) Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) last imposed by the Planning Board for site plan approval, or Not applicable. (9) A determination by the Director of Planning that a movement or shift of a location of one or more structures laterally or vertically from the location or elevation shown on the frnal site plan: (a) Materially affects the overall site layout or specific elements of the site, including roads, traffic movements, sidewalks, parking areas, viewshed, drainage, and buffer areas; or (b) Violates any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board for site plan approval. Not applicable. C. Numerical criteria in Subsection B(1) and (2) are an aggregate maximum (e.g., if a 700- square feet addition is constructed on an existing 5,000 square feet building without obtaining Planning Board approval, construction of a second addition larger. than 300 4872-6179-2134.1 - 15- squarefeet would require Planning Board approval of a modified site plan, and if three additional parking spaces are constructed without obtaining Planning Board approval, construction of more than two additional parking spaces would require Planning Board approval of a modified site plan). No response necessary. D. The fact that Planning Board approval is not required for some modifications shall not be construed to allow: (1) Construction that violates any other provision of Town Code Chapter 270 (Zoning); or No response necessary. (2) The requirement to obtain a building permit in those circumstances when otherwise required by the terms of Town Code Chapter 270 (Zoning) or the New York State Uniforrii Fire Prevention and Building Code. No response necessary. ,§' 270-192. Letter of credit. If the Planning Board determines it is necessary to ensure that all items on the site plan that are needed to provide for adequate traffic flow, utilities, and other similar infrastructure items, are constructed in accordance with the approved final site plan and ally other pertinent specifications and requirements, no building permit shall be issued for a project with an approved final site plan until the applicant has furnished to the Town Engineer an irrevocable letter of credit in an amount to be recommended by the Town Engineer and approved by the Planning Board to ensure such construction. In determining whether to require such a letter; the Planning Board shall find that such infrastructure is so integral to the project that its construction must occur in order to provide for a safe and useful environment for the community and the occupants and users of the project. The Planning Board may, in its discretion, accept in lieu of a letter of credit other evidence or promise of completion of required facilities for the site if it determines that such other evidence adequately ensures such completion. Nothing in this section shall alter any other requirement for letters of credit related to construction of facilities intended to be dedicated to the Town. Verizon Wireless will provide same as part of the building pen -nit process. § 270-193. Completion of improvements. [Amended 5-12-2014 by L.L. No. 9-20141 No final certificate of occupancy or certificate of compliance shall be issued until all improvements shown on the final site plan as approved by the Planning Board, reasonably necessary to the proper and safe operation and occupancy of any completed facilities, are installed or until a sufficient performance guarantee, such as a letter of credit, has been provided to the Town for improvements not yet completed. The need for, and sufficiency of, such performance guarantee shall be determined by the Town Engineer after consultation with 4872-6179-2134.1 -16- the Building Inspector or other persons designated, by the Planning Board. The Planning Board may waive the requirement for such performance guarantee if, in its discretion, it determines that the guarantee is not needed. No response necessary. § 270-194. Expiration of site plan approval. A. Except when a rezoning has occurred based upon a preliminary or general site plan any approval of a preliminary site plan may be revoked by the Planning Board, after a public hearing and upon written notice in person or by mail to the applicant. (1) If a fully complete application for final site plan approval has not been submitted to the'Planning Board within 18 months of the date preliminary approval was granted, or No response necessary. (2) If an application is submitted within such eighteen -month period, such application is not diligently prosecuted by the owner to enable the Planning Board to grant final site plan approval within 24 months of the date preliminary approval was granted No response necessary. B. The Planning Board may, when compliance with the foregoing thneperiods would create a significant hardship for the owner, extend the time periods for such periods and upon such conditions as the Planning Board may reasonably determine. No response necessary. C. Unless work has materially commenced in accordance with the final site plan within one year front the issuance of the building permit authorizing such work, or within 36 months of the date the Planning Board gave final site plan approval, whichever is earlier, not only the building permit but the site plan approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the granting of any site plan approval. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. (1) For the purposes of this section, work will not have "materially commenced" unless, at a minimum: (a) A building permit, if required, has been obtained; 4572-6179-2134.1 -17- (b) Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (c) Substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued. No response necessary. 4872-6179-2134.1 EXHIBIT E EXHIBIT E PROOF OF COMPLIANCE WITH THE TOWN'S SPECIAL USE PERMIT REQUIREMENTS, AS SET FORTH IN ARTICLE XXIV OF THE CODE Article XXIV of the Code contains the requirements for Special Use Permits in the Town of Ithaca. The requirements of the Code are reproduced below in bold italicized type, followed by Verizon Wireless' response in regular type. § 270-195. Purpose. The purpose of this article is to set forth regulations, procedures, and conditions that. apply to certain permitted uses which, because of size, intensity, or other special factors, warrant special evaluation of each individual case by either the Planning Board or the Zoning Board ofAppeals. No response necessary. § 270-196. Requirement preceding issuance of building permit or certificate of occupancy or certificate of compliance. [Amended 5712-2014 by L.L. No. 9-20141 Before a building permit or certificate of occupancy or certificate of compliance can be issued for any of the structures or activities for which either a special permit or a special approval is required, such a permit or approval shall be obtained in accordance with these and other applicable provisions. No response necessary. § 270-197. Applicability. The requirements set forth in this article shall apply to all construction, activities, uses or developments that are referred to elsewhere in this chapter as being allowed only upon receipt of a special permit or special approval. Special permits shall be issued by the Planning Board Special approvals shall be issued by the Zoning Board of Appeals Any change of use of an existing structure to a use that requires a special permit or special approval shall be subject to the requirements of this article. No response necessary. § 270-198. Procedure. A. The applicant shall have the option to make an informal presubmission presentation to the appropriate Board at which time special permit or special approval (hereafter collectively referred to as "special authorization'9 application requirements may be reviewed. A sketch plan or other general description should be prepared by the applicant for use at the presubmission meeting, to indicate the general nature. of the proposal. No response necessary. 4872-6179.2t34.1 -2- B. Formal application. (1) Unless other requirements of this chaptergovern the applicant shall make formal application for special authorization to the appropriate Board by submitting, at a minimum: (a) One completed and signed application form prescribed by the Board hearing the matter. If a development review application is submitted far a site plan review and special permit, no additional application shall be required. (b) Applicable application. (c) Deposit of review fees to the extent required by this chapter or any other Town law or resolution. (d) One fully completed and signed short environmental. assessment form, Part I (SERF), or long environmental assessment form, Part I (LEAF), whichever is required. (e) Such other information or documentation as may be deemed reasonably necessary or appropriate by the reviewing staff person or Board to adequately consider the application. No response necessary. (2) The application for special authorization shall not be .deemed complete until all of the above items are received by the Town Planner (for special permits) or Town Building Code and Zoning Enforcement Officer (for special approvals) and the requirements of SEAR have been met. No response necessary. C. Upon receipt of a complete application, the appropriate Board shall hold a public hearing in accordance with the provisions of Town Law § 274-b or any similar or successor applicable statutes and shall render a decision approving, approving with conditions, or denying the special authorization. Such hearing may be combined with any other hearing relating to the same proposal (e.g., site plan approval and special permit hearings may be combined). No response necessary. D. In making its decision, the reviewing Board shall have the power to impose conditions and restrictions as authorized by § 274-b of the Town Law or any similar or successor statute. No response necessary. 4872-6179-2134.1 -3- § 270-199. Waiver of requirements. The reviewing Board may waive one or more of the normal application requirements when it determines that the particular circumstances do not require all of the full application materials for adequate consideration of the requestfor special authorization. No response necessary. 270-200. Considerations for approvaL [Amended 4-9-2018 by L.L. No. 2-20181 The reviewing Board's determination of an application for special authorization shall include findings consistent with any special criteria set forth in this chapter relating to the specific use or activity for which approval "is being sought and shall also include, as appropriate, but shall not be limited to, findings that the following standards have been met. A. The project will be suitable for the property on which it is proposed, considering the property's size, location, and physical site characteristics See Exhibit R (Site Plan); the Project is suitable for the parcel and the overall area. B. The proposed structure design and site layout are compatible with the surrounding area. See Exhibit R (Site Plan); the Project is compatible with the surrounding area as it will be surrounded by trees minimizing its visibility to the extent practicable. C. Operations in connection with the proposed use do not create any more noise, fumes, vibration, illumination, or other potential nuisances than the operation of any permitted use in the particular zone. See Exhibit R (Site Plan); the Project is an inert public utility facility that will operate with minimal noise. D. Community infrastructure and services, such as police, fire and other protective services, roadways, schools, and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the proposed use. See Exhibit R (Site Plan); the Project will not adversely impact community services. E. The proposed use, structure design, and site layout comply with all the provisions of the Town Code and with the Town of Ithaca Comprehensive Plan. See Exhibit R (Site Plan); other than the tower height, the Project fully complies with the Code. F. The site layout, with proposed vehicular, bicycle and pedestrian access, traffic circulation, and parking and loading facilities, is sufficient for the proposed use -and is safely designed for emergency vehicles See Exhibit R (Site Plan); adequate access and parking facilities are provided. 4972-6179-2134.1 -4- G. The project includes sufficient landscaping and/or other forms of buffering to protect surrounding land uses Existing vegetation is preserved to the extent possible. See Exhibit'R (Site Plan); the Project is preserving the surrounding trees to the extent possible to help shield the visibility of the tower to the extent practicable. H. To the extent deemed relevant by the reviewing Board, the proposed use or structure complies with all the criteria applicable to site plan review set forth in this chapter. See Exhibit D (Proof of Compliance with the Town's Site Plan Review Requirements, as set forth in Article XXIII of the Code) and Exhibit R (Site Plan). § 270-201. Modifications of special permits or special approvals. A special authorization that has been issued may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for a special authorization. Notwithstanding the foregoing, no approval shall be required if the change is a modification set forth in § 270-191 as not requiring approval of a modification to a site plan. The waiver of the requirement for, approval of a modification to a special permit or special approval is subject to the same conditions, and subject to the same limitations as pertain to modifications to approved site plans. No response necessary. 270-202. Expiration of special permit or special approval. Unless work has materially commenced (as defined in § 270-194C) in accordance with the special authorization within one year fronr the issuance of the buildingpermit authorizing such work, or within 36 months of the elate the reviewing Board approved the special authorization, whichever is earlier, not only the building permit but the special authorization shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the approval of any special authorization. The reviewing Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the reviewing Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits setforth above. No response necessary. 4872-6179.2t34.1 EXHIBIT F F,XHiRiT F PROOF OF COMPLIANCE WITH THE TOWN'S STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES, AS SET FORTH IN § 270-219(C) ET SEQ. OF THE CODE Section 270-219(C) et seq. of the Code contains the requirements for Wireless Telecommunications Facilities within the Town of Ithaca. The requirements of the Code are reproduced below in bold italicized type, followed by Verizon Wireless' response in regular type. §270-219. Personal wireless service facilities. [Amended 5-9-2005 by L.L. No. 5-2005, 5-12- 201.4 by L.L. No. 9-2014; 6-26-2023 by L.L. No. 12-20231 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. No response necessary. (2) No person shall be permitted to deploy PWSFs, or operate or prepare any site for the deployment of PWSFs, without having first obtained the applicable approvals and permits required by this section. No response necessary. (3) Repairs to and maintenance of a legally existing PWSF shall not require site plan approval, a special permit, or a PWSFpermit. No response necessary. (4) In addition to the requirements set forth in this section for the issuance of a PWSF permit and, where applicable, site plan and special permit approval, any applicant 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-ivay. 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. Not applicable. (5) Exceptions. The requirements set forth in this § 270-219 shall not apply to: (a) PWSFs on property owned or controlled by the Town are not subject to § 270-219, except PWSFs within a Town (owned or by use) public right- of-way are subject to § 270-219. The Town Board has sole and absolute 4872-6179-2134.1 -2- discretion to determine whether to allow an applicant to place a PWSF that is not subject to § 270-219 on Town property, and the Town Board may impose such conditions on any such placement and use as it deems appropriate. Nothing herein shall be deemed to create any right or entitlement to use Town property for such PWSF. Not applicable. (b) ' Any facilities exclusively for private, noncommercial radio and television reception and private citizens bands, licensed amateur radio and other similar noncommercial telecommunications. Not applicable. (6) Nonconforming facilities The lawful use of any PWSF legally' existing on the date of adoption of this § 270-219 may be continued even though such PWSF does not conform to § 270-219. Any proposed modification to a PWSF is subject to the requirements of this § 270-219. Maintenance and repairs are not considered modifications. No response necessary. D. Approvals and permits required far each type of personal wireless service facility. (1) A11 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. No response necessary. (2) 'A small wireless facility proposed to be co -located on an existing small wireless facility, where the completed facility would still constitute a small wireless facility after the co -location, shall require a PWSFpermit issued by the Director of Code Enforcement. Not applicable. (3) A PWSF proposed to be co -located on an existing PWSF that is not a small wireless facility shall require a PWSF permit issued by the Director of Code Enforcement. In addition, site plan and special permit approvals by the Planning Board are required if the proposed PWSF co -location will. (a) Increase the approved height of the PWSF structure by more than 15%; Not applicable. (b) Increase the number of antennas by more than 50% over the previously approved number of antennas; 4872.6179-2134,1 -3- Not applicable. (c) Increase the square footage of accessory buildings* by more than 200 square feet over the previously approved square footage of accessory buildings; Not applicable (d) Add one or more microwave antenna dishes, or Not applicable. (e) Expand the footprint of the PWSF structure. Not applicable. (4) Where more than one PWSF is proposed and at least one PWSF will not be co - located on an existing structure, all of the proposed PWSFs (including co -located PWSFs) shall require a - PWSF permit issued by the Director 'of Code Enforcement, and site plan and special permit approvals by the Planning Board. Not applicable. (5) All. other PWSFs shall require a PWSF permit issued by the Director of Code Enforcement, and site plan and specidl permit approvals by the Planning Board. All Planning Board considerations and approvals of site plans and special permits shall be in accordance with Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval Procedures) and Article XXfV (Special Permits and Special Approvals), respectively. No response necessary. (6) Any site plan, special permit or personal wireless service facility permit granted hereunder shall be valid only for the dimensions and number of antenna facilities and PWSF structures for the facility contained in the original application as so approved. Any subsequent changes or modifications shall require a new application for same following the procedures set forth in this section. No response necessary. (7) Notwithstanding Subsection D(2) through (5) above, any application that asserts Spectrum Act § 6409(a)4 applies and that meets the requirements in 47 CFR 1.6100 for an eligible facilities request shall not require site plan or special permit approval and shall require a PWSF permit issued by the Director of Code Enforcement. A building permit issued by a Code Enforcement Officer is also Editor's Note: See 47 U.S.C. § 1455(a). i 4972-6179-2134,1 required if the New' York State Uniform Fire Prevention and Building Code or the .Ithaca Town Code requires a building permit. Not applicable. This Project is not an Eligible Facilities Request under the Spectrurn Act. 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 Subsection F below, the Planning Board and Town officials shall issue, grant or deny PWSF site plans, special permits, PWSFpermits, building permits and other required Town permits within the following number of days from Town receipt of an application for same: (a) For individual co -located facilities: [11 Sixty days for PWSFs that meet the requirements in 47 CFR 1. 6100for an eligible facilities request. Not applicable. [2] Sixty days for co -location 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 co - location. Not applicable. [31 Ninety days far all other co -locations of a PWSF on an existing structure. Not applicable. (b) For individual non -co -located facilities: [71 Ninety days for a new small wireless facility. Not applicable. [21 One hundred fifty days far all other PWSFs. No response necessary; although this is the applicable review period. 4972-6179-2134.1 -5- (c) For batched applications. (I] If a single application seeks authorization for multiple deployments, all of which fall within Subsection E(I)(a)C21 above or all of which fall within Subsection E(l)(b)[l] above, then the presumptively reasonable period, of time for the application as a whole is equal to that for a single deployment within the category applicable to the deployments. Not applicable. [2] If a single application seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within Subsection E(I)(a)[2] and (b)[l] above, then the presumptively reasonable period of time for the application as a whole is 90 days. Not applicable. (2) Upon receipt of an application, the Director of Planning and Director of Code Enforcement shall review the application for completeness If the Director of Planning or Director of Code Enforcement determines the. application is. a) incomplete, b) the wrong type of application, or c) otherwise defective, then the Director of Planning shall send the applicant a notice of incompleteness by the Town's digital software program, email, or first-class mail to the email or mailing address provided by the applicant. No response necessary (3) For small wireless facilities, the notice of incompleteness shall be sent within IO days of the Town's receipt of the application. For all other PWSFs, the notice of incompleteness shall be sent within 30 days of the Town's receipt of the application. No response necessary. (4) The notice of incompleteness shall describe why the application is incomplete, is the wrong type, or is otherwise defective and shall specifically identify any missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information. No response necessary. (5) For proposed small wireless facilities, the Director of Planning's sending of a notice of incompleteness shall reset and toll the relevant shot clock period. The reset shot clock period shall begin running at zero on the day the Town receives all the documents and information identified by the Town to render the application complete. 4872.6179-2134.1 M Not applicable. (6) For proposed PWSFs other than small wireless facilities, the Director of Planning's sending of a notice of incompleteness shall toll (but not reset) the relevant shot clock period. The shot clock period shall be tolled beginning the day after the date when the Town sends the -applicant the notice of incompleteness that specifically identifies any missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information. ' The last day of tolling shall be the date when the applicant submits all the documents and information identified by the Town to render the application complete. No response necessary. (7) If upon receipt of responsive materials and information from tl:e applicant, the Director of Planning or the Director of Code Enforcement determines that the application is still incomplete or otherwise defective, then the Director of Planning shall, within 10 days of receipt of such responsive materials, send the applicant another notice of incompleteness by the Town's digital software program, email, or first-class mail to the email or mailing address provided by the applicant. Regardless of the type of PWSF, the Director of Planning's sending of this second notice of incompleteness shall again toll (but shall not reset) the relevant shot clock period. The shot clock period shall be tolled beginning the day after the date when the Town sends the applicant the second notice of incompleteness. The last day of tolling shall be the date when the applicant submits all the documents and information identified by the Town to render the application complete. The same procedure may continue to be repeated with subsequent applicant submissions and Notices of Incompleteness. No response necessary. (8) Shot clock date. The shot clock date for an application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the relevant shot clock period. If the date calculated in this manner is a "holiday" as defined in 47 CFR 1.4(e)(1), or is a legal holiday in New York State, Tompkins County or the Town, the shot clock date is the next business day after such date. The term "business day" means any day as defined in 47 CFR 1.4(e)(2) and any day that is not a legal holiday as defined by New York State, Tompkins County or the Town. No response necessary. F. Extensions and reasonable delay periods. (1) Shot clock period extension by mutual agreement. The Planning Board (if applicable) or Director of Code Enforcement may extend any applicable shot clock period -by mutual agreement with an applicant The agreement may either be in writing or stated on the record at any public meeting. 4972-6179-2134.1 -7- No response necessary. (2) Reasonable delay extensions of shot clock periods. Any applicable shot clock period shall be extended to the extent extension is required due to circumstances beyond the control of the Planning Board- (if applicable) or Director of Code Enforcement, as follows: (a) If the Planning Board and/or Director of Code Enforcement acts with reasonable diligence to complete its SEQRA review and to ascertain the applicant's compliance with the National Environmental Policy Act, and these actions require a period of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond such shot clock period attributable to such actions shall be deemed reasonable. No response necessary. (b) If the Planning Board and/or Director of Code Enforcement acts with reasonable diligence to ascertain the applicant's compliance with the National Historic Preservation Act, and these actions require a period of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond such shot clock period attributable to such actions shall be deemed reasonable. No response necessary. (c) If an applicant tenders last-minute submissions to the Town in the form of a) expert reports; b) expert materials; or c) materials which require a significantperiod far review due either to their complexity or their sheer volume, the Planning Board and/or Director of Code Enforcement shall be afforded a reasonable time to review such late -submitted materials If the Planning ,Board and/or Director of Code Enforcement acts with reasonable diligence to complete such review, and the review requires a period of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond such shot clock period attributable to such review shall be deemed reasonable. No response necessary. (d) Force majeure. In the event and to the extent that the rendering of a final decision upon a site plan or special permit application or a PWSF permit application is delayed due to events and/orforces which are not within the reasonable control of the Town (including reasonable control of the Planning Board or Town officers and employees), including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to the Town's workforce), or power 4872-6179-2134.1 outage, such delays shall constitute reasonable delays and shall be recognized as acceptable grounds for extending the period for review and the rendering of final determinations and permit issuance beyond the period allotted under the applicable shot clock. No response necessary, although Verizon Wireless is unaware of a force majeure exception to the 150-day review period and reserves its rights in that regard. G. Applications for personal wireless service facilities. Applications shall be made via the Town's digital software program to the Director of Planning for site plan approvals and special permits and to the Director of Code Enforcement for PWSF permits, building permits and all other Town permits and Town approvals required by local, state, or federal law or regulation. Each application for a site plan approval, special permit, PWSF permit andlor building permit shall include the following materials. An application for any Town permit or approval is incomplete if it is missing any item listed below, it does not contain everything required by law or regulation, or the Director of Planning or Director of Code Enforcement determines that the application contains inconsistent, contradictory, or unclear information. (1) Applications for Section 6409(a)s eligible facilities must include: (a) Identification of all applicants, site developers and FCC -licensed wireless carriers on whose behalf the application is being submitted, as well as the property owner. of the proposed site. Not applicable. (b) All applicable application and other fees then being charged by the Town for such applications, and any deposits the Town requires be submitted with the application. Not applicable. (c) An email address and a U.S mail address to which the Town "lay email or mail notices to comply with any notice requirement tinder this section, as well as under any local, state and/or federal law or requirement. Not applicable. (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. Editor's Note: See 47 U.S.C. § W5(a). 4872-6179-2134.1 M Not applicable. (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. Not applicable. (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 a professional 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 Electrical and Electronics Engineers (IEEE) and the American National Standards Institute (ANSI)], and if constructed, operated and maintained in accordance with the plans the eligible facilities (including the PWSF 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. Not applicable. (g) An FCC compliance report, as described in Subsection I below. Not applicable. (h) Written documentation sufficient to show compliance with all relevant federal requirements, including all applicable FCC, FAA, NEPA, and NHPA requirements. If NEPA review requirements apply and the applicant asserts the proposed personal wireless service facility falls under any categorical exclusions, the applicant shall identify which categorical exclusion(s) the applicant is asserting applies and submit proof that the facility falls under the categorical exclusion(s). Not applicable. 4872-6179-2134.1 -10- (i) Completed Part 1 of the relevant New York State environmental assessment form. Not applicable. 6F) A11 of the information required by Town Code § 125-5 (Building permits), if applicable. Not applicable. (k) Where an applicant is not the owner of the real property upon which the applicant seeks to co -locate 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 comply with this § 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 . Not applicable. (1) Where an applicant is not the owner of the existing tower or base station upon which the applicant seeks to co -locate Section 6409(a) eligible facilities, proof of the tower or base station owner's consent to the co - location of the eligible facilities onto the existing tower or base station and agreement to comply with this chapter. Not applicable. . (2) Applications far all other PWSFs must include: (a) Completed project application forms in such detail and containing such information as the Director of Planning or Director of Code Enforcement may require, including identification of all applicants, site developers and FCC -licensed wireless carriers on whose behalf the application is being submitted, as well as the property owner of the proposed site. See Exhibit A (Copy of Town -supplied application fonns). (b) All applicable application and other fees then being charged by the Town for such applications, including any. right-of-way fees that the Town Board may set from time to time by resolution, and any deposits required by the Town for application to the costs of any consultants retained by the Town as provided below. 4572-61*2134.1 -11- Verizon Wireless will provide all applicable fees for this Application that may be legally imposed by the Town. Enclosed is a check payable to the Town of Ithaca for $2,925.00 for the applicable fees. (c) An email address and a U.S. 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 Correspondence regarding this application may be directed to: Jared C. Lusk, Esq. Partner, Nixon Peabody LLP — Attorneys for Verizon Wireless 1300 Clinton Square, Rochester, NY 14604-1792 ilusk@nixoppeabody.com (d) Copies of the Federal Communications Commission (FCC) license, if applicable, and of all documents submitted to the FCC or any other governmental agency having jurisdiction over the facility. See Exhibit J (Copy of Verizon Wireless' FCC Licenses for Tompkins County). (e) If the applicant claims that its proposed installation qualifies as a small wireless facility within this section, a drawn -to -scale depiction that includes complete calculations for all of the components of the facility depicting that, when completed, the facility will meet the physical size limitations which enable the facility to qualify as a small wireless facility. Not applicable. (fl 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 a professional engineer licensed to practice in the State of New York that the facilities (including any proposed co -locations) 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 Electrical and Electronics 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. See Exhibit R (Site Plan). 4872-6179-2134.1 -12- (g) An FCC compliance report, as described in Subsection I below. See Exhibit P (Proof of Compliance with applicable federal regulations). (h) Written documentation sufficient to show compliance with all applicable federal requirements, including all applicable FCC, FAA, NEPA, and NHPA requirements If NEPA review requirements apply and the applicant asserts the proposed personal wireless service facility falls under any categorical exclusions, the applicant shall identify which categorical exclusion(s) the applicant is asserting applies and submit proof that the facility falls under the categorical exclusion(s). See Exhibit P (Proof of Compliance with Federal EME Regulations). (i) Completed Part 1 of the relevant New York State- environmental assessment form. See Exhibit K (Long Form EAF). 0) A visual impact analysis, as described in Subsection J below. See Exhibit Q (Photosimulation Report). (k) All of the information required by Town Code § 125-5 (Building pertnits), if applicable. The Project complies with this section of the Code. Any additional•and/or revisional information necessary for a building pennit will be submitted to the Town following the issuance of the required zoning approvals. (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: [1] The exact location of the proposed facility, including its geographic coordinates. See Exhibit R (Site Plan). [2] The maximum height of the proposed facility, including all appurtenances. See Exhibit R (Site Plan). [3] A detail of the antenna facility and PWSF structure, including engineering drawings from the facility manufacturer for any proposed towers (monopole, guyed, freestanding, or other). See Exhibit R (Site Plan). 4872-6179-2134.1 -13- [4] The location, type, and intensity of any lighting on the facility. See Exhibit R (Site Plan). [5] Property boundaries and navies of all adjacent landowners. See Exhibit.R (Site Plan). [6] 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. See Exhibit R (Site Plan). [7] The location, nature and extent of any proposed fencing, landscaping, and screening See Exhibit R (Site Plan) [8] The location and nature of any proposed utility easements and access roads or drives See Exhibit R (Site Plan). (in) 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 § 270-219. 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. See Exhibit N (Proof of the Landowner's consent to this Application). (n) Where an applicant seeks to co -locate facilities and is not the owner, of the PWSFstructure upon which the applicant seeks to co -locate the facilities, proof of the PWSF structure owner's consent to the co -location of the proposed facilities onto the existing PWSF structure. Not applicable. (o) An agreement by the owner and operator (if different from owner) that complies with the requirements set forth in Subsection P below for 4872-6179-2134.1 -14- removal of all personal wireless service facilities and restoration of the site to its original condition if the facility becomes obsolete or ceases to be used for its intended purpose for 120 consecutive days See Exhibit M (Removal Agreement). (p) An agreement that the applicant will negotiate in good faith with any subsequent applicant seeking to co -locate a personal wireless service facility on the initial applicant's PWSF structures. This agreement shall commit the initial applicant and landowner and their respective successors in interest to: [1] Respond in a timely, comprehensive manner to a request for information from a potential shared -use applicant. [2] Negotiate in good faith for shared use by third parties where such shared use is, or may be, made, technologically and structurally feasible. [3] Allow shared use if an applicant agreesin writing to pay reasonable [4] charges for same. CS] 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 rats 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. See Exhibit L (Verizon Wireless' Collocation Policy). (q) Information required by, and proof of compliance with, Subsection H (Co -location) below. See Exhibit H (RF Justification Report) and Exhibit L (Verizon. Wireless' Collocation Policy). (r) If site plan approval and special permit are required, and if co -location onto an existing structure is not proposed and is not feasible, an alternative site analysis of all potentially less intrusive alternative sites not involving co -location which the applicant has considered. This alternative site analysis shall document each site's respective location, elevation, and suitability to remedy a significant gap in the coverage of 4872-6179-2134.1 -15- the ' applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and front landlines that are connected to the national telephone network). For suitable alternative sites'that an applicant claims are unavailable, the applicant shall submit evidence of good faith efforts to secure use of each such site from its owner. See Exhibit H (RF Justification Report) and Exhibit I (Site Selection Report). (s) If site- plan approval and special permit are required, evidence of the existence of a significant gap in the coverage of the applicant's personal wireless services (the ability of wireless telephones to "take and receive voice calls to and from landlines that are connected to the national telephone network). [1] Such evidence shall include the nature of each gap and its geographic location and boundaries See Exhibit -H (RF Justification Report). [21 Evidence that a gap exists shall include in -kind call testing for each frequency at which the applicant provides personal wireless services The applicant shall provide the Town with the actual testing data recorded during such tests, in a simple format which shall include for each frequency, in table format: [a] The date and time for the test, 1b] The location, in longitude and latitude, of each point at which signal strength was recorded; and `c] Each signal strength recorded, measured in decibel- milliwatts (dBm), for each frequency. See the report from Millenium Engineering, F.C. at Exhibit V indicating that the request for drive test data is both outdated and misguided. [3] The applicant shall also submit test maps, depicting the actual signal strengths recorded during all in -kind call testing, for each frequency at which the applicant provides personal wireless services. See the report from Millenium Engineering, P.C. at Exhibit V indicating that the request for drive test data is both outdated and misguided. 4872-6179-2134.1 -16- [4] The applicant shall also provide dropped call records and denial of service records evidencing the number, percentage and locations of voice calls that were unable to be initiated or maintained between wireless telephones and landlines connected to the national telephone network. See the report from Millenium Engineering, P.C. at Exhibit V indicating that the request for dropped call data is both outdated and misguided. [5] The applicant shall also submit evidence'of a compelling need to address any significant gaps in the applicant's personal wireless services through- the proposed facilities and not through any other solution. The applicant shall submit evidence showing that the applicant considered other sites and other means of addressing the gaps, and evidence showing the feasibility of addressing the gaps through the use of other sites and other means The applicant shall also submit evidence that the facility presents a minimal intrusion on the community. See Exhibit H (RF Justification Report) (t) Where the applicant asserts that a denial would constitute an effective prohibition, the applicant shall submit evidence that the proposed facilities are the least intrusive means of addressing a significant gap in the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network). See Exhibit H (RF Justification Report) (u) A no study or written statement, prepared by a professional engineer licensed to practice in the State of New York, assessing the proposed personal wireless service facility's compliance with the noise requirements in Subsection M. The assessment shall include noise from equipment, such as air-conditioning units and backup generators. A noise study will be prepared in connection with this Project. Note that the Project will not generate any noise that will be noticeably audible from the Site's property lines. See Exhibit T. Noise will only be occasionally generated from the facility when the Project's generator is in use. See Exhibit K (Long EAF). (v) An economic analysis study of the property value impacts that the construction and operation of the PWSF may have on all adjacent properties located within 500 feet of the parcel boundaries on which the PWSF is located. 4872-6179-2134.1 -17- See the letter report from Colliers International Valuation and Advising Services attached as Exhibit Y. As outlined in the letter, there is insufficient sales data available to complete a statistically reliable market analysis. As indicated in his report, Mr. Fisher has completed multiple market analyses for cell tower projects in upstate New York (see copies of four (4) such reports enclosed in Exhibit Y) and has failed to identify an adverse market impact to surrounding properties located within 1-1.5 miles of a tower site. His conclusions in the prior report were based on actual sales data both before and after construction of the tower. H. Co -location. (1) The shared use ofexisting PWSF structures or other structures shall bepreferred to the construction of new PWSF structures. Arty PWSF permit or site plan or special permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to co -locate on an existing PWSF structure or upon another existing structure. See Exhibit I (Site Selection Report) (2) The application shall include an- adequate inventory report specifying existing PWSF sites and any structures (except one family dwellings, two fancily dwellings, multiple residences, and accessory structures associated with such dwellings and multiple residences) within a one -mile radius of the proposed facility. 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, the heights of the PWSF structures, and the heights of other structures on the sites of the inventoried locations See Exhibit H (RF Justification Report). (3) The applicant must demonstrate that the proposed PWSF cannot be accommodated on existing PWSFs in the inventory due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of existing and approved PWSFs or other structures, considering existing and reasonably anticipated future use for those facilities and other structures (b) The planned equipment would cause radio frequency interference with other existing : or planned equipment which cannot be reasonably prevented. (c) The planned equipment would cause an exceedance of FCC RF exposure limits which cannot be reasonably prevented. - 4872-6179-2134.1 (d) Existing or approved PWSFs 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. (e) Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing PWSFs or other structures. (� The property owner or owner of the existing PWSF or other structure fails to reach agreement after negotiating in good , faith to allow such co - location. See Exhibit I (Site Selection Report). FCC compliance report. (1) The FCC compliance report required by this section shall be prepared by a professional engineer licensed to practice in the State of New York and certified under penalties of perjury that the content thereof is true and accurate, wherein the engineer shall certify that the proposed facility will be FCC compliant (including compliance with applicable FCC regulations and bulletins) as of the time of its installation, including that the facility will comply with the relevant limits for human exposure to radio frequency (RF) frelds adopted by the FCC See Exhibit P (Proof of Compliance with applicable federal regulations). (2) If it is anticipated that there will be more than one RF emitter on the facility, the FCC compliance report shall take into account anticipated exposure from all emitters and shall indicate whether or not the combined exposure levels. will exceed the permissible general population exposure limits in locations accessible to the public, and, where applicable, the occupational exposure limits. Not applicable. (3) Such FCC compliance report shall provide the calculation or calculations which the engineer used to determine the levels of RF emissions and RF exposure levels. See Exhibit P (Proof of Compliance with applicable federal regulations). (4) 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 are the general population exposure limits or the occupational exposure limits. If the applicant and their engineer are asserting that only the occupational exposure limits apply to the proposed installation, they shall provide a factual. basis as to why they claim that only the occupational exposure limits apply; and See Exhibit P (Proof of Compliance with applicable federal regulations). 4872-6179-2134.1 -19- (b) The exact minimum distance factor, measured in feet, which the applicant's engineer used to calculate the level of radiation emissions to which the proposed facility will expose members of the general public or, where applicable, persons in the workplace. The minimum distance factor is the closest distance (i.e., the minimum distance) to which a person shall be able to gain access to the antennas mounted upon, or which shall bea part of, the proposed facility. See Exhibit P (Proof of Compliance with applicable federal regulations). J. Visual impact analysis. Each application shall include a visual impact analysis that contains an assessment of the proposed facility's visual impact on abutting properties and streets, taking into consideration any PWSF structure that is to be constructed, as well as the rest of the facility. The visual impact analysis shall, at a minimum, include the following: (1) . Small wireless facilities: (a) Line -of -sight drawings. (b) Detailed elevation maps (c) Visual simulations, including photographic images, depicting the height at which the proposed facility shall stand when completed (including all portions and attachments to the facility), taken from the perspectives of the public right-of-way, and of any properties situated in closest proximity to the location being proposed for the facility siting. Photos should also be taken from the perspectives of any properties that would reasonably be ,expected to sustain significant adverse aesthetic impacts due to their elevation relative to the site, or due to the facility location and the property location. (d) Before and after renderings. (e) Alternate facility designs and color schemes (f) Possible impacts to any inrportant/scenic views listed in the Tompkins County or Town of Ithaca.Scenic Resources Inventories Not applicable. (2) Personal wireless service facilities which do not meet the definition of a "small wireless facility' : (a) A visibility reap to determine locations from where the facility will be seen. (b) Line -of -sight drawings. 4872-6179.2134.1 -20- (c) Detailed elevation maps (d) Visual simulations, including photographic images, depicting the height at which the proposed facility shall stand when completed, taken from the perspectives of the public right-of-way, and of any properties situated in closest proximity to the location being proposed for the facility siting. Photos should also be taken from the perspectives of any properties that would reasonably be expected to sustain significant adverse aesthetic impacts due to their elevation relative to the site, or due to the facility location and the property location. (e) Before -and -after renderings (f) Alternate facility designs and color schemes (g) Possible impacts to any importantlscenic views listed in the Tompkins County or Town of Ithaca Scenic Resources Inventories. See Exhibit 0 (Photosimulation Report). K. Priority of,siting locations In determining whether a site is appropriate, and if it is determined a need exists for the facility, the preferential order of location, to the extent the sane may be, or may be made, technically feasible, is as follows: (1) Co -located on existing towers. (2) Co -located on any other existing radio or other tower that would not require any increase in height nor significant noticeable structural additions to accommodate the facility. (3) Within any industrial zones or existing planned development zones that permit industrial activities. (4) Within any light industrial zones or existing planned development zones that permit light industrial activities. (5} Within any existing community commercial zones or existing planned development zones which permit all of the activities permitted in a community commercial zone. (b) On any other property in the Town. No response necessary. 4872.6179-2134.1 -21 - L. 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. (1) Aesthetic criteria applicable to small wireless facilities: (a) For co -locations [except Section 6409(a)6 eligible facilities co -locations]: [I] There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility must be fully concealed, and the cable covering or conduit shall match the color of the PWSF structure on which the facility is located. There shall be no external cables and wires related to the facility hanging off or otherwise exposed. [2] Each antenna shall be located within a stealth enclosure that matches the materials, color, and design of the PWSFstructure on which the antenna is located. [3]. ' 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 PWSF 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. Co -locations 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 front, such districts and corridors shall not be impaired or diminished by the placement of PWSFs [4] There shall be no illumination, except in accord with state or federal regulations [5] No portion of the PWSF structure or other parts of the facility shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers, and balloons 6 Editor's Note: See 47 U.S.C. § 1455(a). 4872-6179-2134.1 -22- [61 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 facility shall not be stored or parked on the facility site. [71 The facility shall be located at least 300 feet front any structure that contains a dwelling unit. Not applicable. (b) For small wireless facility nodes: [I] If the node is located within a public ROW, then the preferable placement locations are as follows: most preferred is co -location on existing towers, utility poles or other structures; least preferred. is installing all new poles). [2] If co -location is not possible, then all new poles and equipment must be the same height, color, and finish as surrounding poles [31 There shall be no exposed wires All cables and wires associated with the facility leading to and away front the facility shall be installed underground. If undergrounding is not possible, then all cables, wires and connectors must be fully concealed on the PWSF structure, and the cable covering or conduit shall match the color of the PWSF structure. There shall be no external cables and wires related to the facility hanging off or otherwise exposed on the PWSF structure. [4] Each antenna shall be located entirely within a shroud or canister type enclosure or a stealth facility. The diameter of an antenna enclosure at its widest point should not be wider than two times the diameter of the top of the PWSF structure. [51 All antenna enclosures shall either be mounted to the top of the PWSF structure and aligned with the center line of the PWSF structure or mounted to the side of the PWSF structure such that the vertical center line of the antenna enclosure will be parallel with the PWSF structure. Stealth enclosures shall match the architecture, materials, color, and design of the PWSF structure on which they are located, (e.g., streetlight pole, building rooftop chimney, cupolas, etc.). Photo examples of stealth applications include the following (source: stealthconceahnent.com): [6] All equipment enclosures shall be as small as possible and undergrounded when possible. Ground -mounted equipment shall incorporate concealment elements into the proposed design, 4872-6179-2134.1 - 23 - matching the color and materials of the PWSF 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). [7] Tree topping 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. [8] 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). [9] Guidelines on placement. Node facilities, including their PWSF structures, shall be located as follows: [a] No closer than 1,500 feet away, radially, from another small wireless facility, unless the wireless carrier can prove that the facilities need to be closer together to meet a specified legal standard fib] In alignment with existing trees, utility poles, and streetligh ts. ! /c] 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. (d] Shall not be located along a parcel's front lot line where a building on the parcel: is listed on the National or State Register of Historic Places; is located in an historic district 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. [e] At least 300 feet from any structure that contains a dwelling unit. ff] 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 4872.6179-2134.1 _24_ from, such districts and corridors shall not be impaired or diminished by the placement of such PWSFs. [g] If a streetlight is present, a combination PWSF structure and streetlight pole should only be located where an existing pole can be removed and replaced, or at a location where the Town has identified that a streetlight is necessary. [10] No portion of the PWSF structure or other parts of the facility shall be used for signs or promotional or advertising' purposes, including, but not limited to, company name, phone numbers, banners, streamers, and balloons Not applicable. (c) For individual small wireless facility sites: Cl] 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 notpossible, then all cables, wires and connectors must be fully concealed, and the cable covering or conduit shall match the color of the PWSF structure. There shall be no external cables and wires related to the small wireless facility hanging off or otherwise exposed. [2] Each antenna shall be located within a stealth enclosure that matches the architecture, materials, color and design of the PWSF structure on which the antenna is located (e.g., streetlight pole, building rooftop chimney, cupola, etc.). [3] 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 PWSF 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. The Planning Board may require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. Co -locations 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 districts and corridors shall not be impaired or diminished by the placement of such PWSFs. 4872-6179-2134.1 -25- (2) [4] 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). [S] No small wireless facility shall be located along a parcel's front lot line where a building on the parcel: is listed on the National or State Register of Historic Places; is located in an historic district 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 [6] No portion of the PWSF structure or other parts of the facility shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers, and balloons. [7] Access to the small wireless facility shall be achieved by using existing public or private roads; no new accessway, driveway or parking area shall be constructed. Equipment or vehicles not used in direct support, renovations, additions, or repair of any facility shall not be stored or parked on the facility site. [8] The small wireless facility shall be located at least 300 feet from any structure that contains a dwelling unit. Not applicable. Aesthetic criteria applicable to non -small wireless facilities: (a) Thefacility shall have the leastpractical visual effect on the environment, as determined by the Planning Board. See Exhibit ; the Project so complies. (b) There shall be no exposed wires except for any guy wires. All cables and wires associated with the facility leading to and away from the facility must be fully concealed, and the cable covering or conduit shall match the color of the PWSF structure. There shall be no external cables and wires related to the facility hanging off or otherwise exposed. See Exhibit R; the Project so complies. (c) There shall be no illumination, except in accord with state or federal regulations and with Subsection O below. Towers shall not be artificially lighted and marked beyond the requirements of the FAA. 4872-6179-2134.1 -26- See Exhibit R; the Project so complies. (d) Any tower that is not subject to FAA marking as set forth above shall otherwise 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 be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function. See Exhibit R; the.Project so complies. (e) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings. Ground - mounted enclosures and fences 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, parkland, community facilities, or conservation or historic areas within common view of the public. See Exhibit 0 and Exhibit R; the tower compound is surrounded by tall trees and will not be visible from adjacent properties. (� No portion of the PWSF structure or other parts of the facility shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers, and balloons. See Exhibit R; the Project so complies. (g) Existing on -site vegetation shall be preserved to, the maximum extent possible. Tree topping is prohibited There shall be no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) in connection with the proposed facility prior to the granting of site plan approval. Any proposed pruning or removal of trees, shrubs or other existing landscaping must be noted in the site plan application and must be approved by the Planning Board See Exhibit'R; the Project so complies. (h) Equipment or vehicles not used in direct support, renovations, additions, or repair of any facility shall not be stored or parked on the facility site. Verizon Wireless will so comply. (i) Where permitted, accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for PWSFs must be at least 12, but no more than 24, feet wide, and 4872-6179.2t34.1 -27- closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. See Exhibit R; the Project so complies. (j) Where permitted, parking areas shall be sufficient to accommodate the usual number ofservice vehicles expected on thepremises at any one time. Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare. See Exhibit R; the Project so complies. (k) The facility shall be located at least 300 feet from any structure that contains a dwelling unit. See Exhibit R; the Project so complies. M. Noise. No personal wireless- service facility shall produce noise in violation of Town of Ithaca Code Chapter 284 (Noise). In addition, noise from a personal wireless service facility shall at no time be audible at the property line of any lot i) zoned Residential or Conservation, or ii) on which a dwelling unit exists. See Exhibit T. N. Dimensional standards: (1) A fall.zone around any tower constructed as part of a non -small wireless facility must have a radius at least equal to the height of the facility. 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 facility. If the tower 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 front potential injury. See Exhibit R;'the Project so complies. (2) All non -small wireless facilities and their fall zones shall be located on a single parcel. See Exhibit R; the Project so complies. 4872-6174-2134.1 (3) All personal wireless service facilities shall comply with the height, setback, frontage, minimum, lot size, and (except as specified below) yard standards of the underlying zoning district and the fall zone requirements of this section. To the extent there is a conflict, the more restrictive provision shall govern. If the proposed height of the facility exceeds the permitted height of structures in the zoning district in which thefacility isproposed to be located, notwithstanding any other provisions of this chapter, a height variance from the Zoning Board of Appeals shall also be required. Setbacks shall be measured by the distance between any portion of a personal wireless service facility and the lot line of the parcel on which the proposed facility will be placed. Small wireless facilities do not need to meet the front yard standards of the underlying zoning district, but they must be located at least 300 feet from any structure that contains a dwelling unit. The size of the leased or owned lot 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 a personal wireless service 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, whichever requirement results in a larger lot. See Exhibit R; the Project so complies. (4) The front, side, and rear yard requirements of the underlying zoning district in which a facility is erected shall apply to all parts of the facility. See Exhibit R; the Project so complies. O. Security. (1) Non -small wireless facility towers, anchor points of guyed towers, and their accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which shall be comprised of three strands of barbed wire to discourage unauthorized access to the site. See Exhibit R; the Project so complies. (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 otherwise complies with Town Code Chapter 173 (Lighting, Outdoor). Such lighting should only occur when the area within the fenced perimeters has been entered. See Exhibit R; the Project so complies. (3) There shall be no permanent climbing pegs within 1 S feet of the ground of any tower. The Project so complies. 4872-6179.2134.1 -29- P. Removal. (1) The personal wireless service facility owner and operator (if different from owner) shall at their expense remove all personal wireless service facilities and restore the site to its original condition (including, where applicable, the seeding of exposed soils), and incur all expenses therefor, if the facility becomes obsolete or ceases to be used for its intended purpose for 120 consecutive days Removal of such obsolete or unused facilities and restoration of the site to its original condition shall take place within 90 days and shall comply with all New York State and Town stormwater laws, rules and regulations. If removal and restoration are not completed within 90 days, the bond or other guaranty secured by the owner and operator shall be used to perform and complete these actions. Verizon Wireless will so comply. (2) As security for the performance of the requirements set forth above, the owner and operator (if different from owner) shall, upon the granting of required approvals and permits under this section and prior to the installation of any personal wireless service facilities, execute, and file with the Town Clerk a bond or other form of security or undertaking which shall be approved as to form, manner of execution; and sufficiency for surety by theAttorney for the Town and the Town Engineer. Any bond or guaranty shall be provided by or placed with a solvent surety corporation duly licensed in the State of New York. Such bond or undertaking shall be conditioned upon the faithful performance of the provisions of this, section, and in the event of default, the bond or undertaking shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The bond or undertaking shall remain in full force and effect until the removal of all personal wireless service facilities and all site restoration has been completed. The value of the bond shall be equal to 125% of the cost of facility removal and restoration of the site, as determined by the Town Engineer after evaluation of the applicant's detailed estimate of such cost. No such decommissioning or removal bond shall be secured. by an indemnity agreement with the owner or operator or any party affiliated with them. Verizon Wireless will so comply. (3) At least once every three years after any approval or permit is issued by the Town, the owner and operator (if different from owner) of the personal wireless service facility shall provide updated certified cost estimates far removal of all personal wireless service facilities and all site restoration. If the resulting 125% cost requirement shows that the existing security or bond is monetarily insufficient, then the owner and operator (if different froyn the owner) shall update such bond or undertaking or see to its replacement or supplementation in an amount to equal such updated 125% cost number. Verizon Wireless will so comply. 4872-6179-2134.1 -30- Q. Town consultants (1) The Town, at the expense of the applicant, may employ its own consultants to examine the application and related documentation. The consultants that the Town may retain include, but are not limited to, professional structural and/or electrical engineers, attorneys, and other experts reasonably required by the Town to competently and fully evaluate any application and the resulting construction. Such consultants may be requested, among other matters, to make recommendations as to whether the criteria for granting approvals and permits have been met, including whether the applicant's conclusions regarding a significant gap in coverage, co -location, safety analysis, visual analysis, and structural inspection are valid and supported by generally accepted and reliable engineering and technical data and standards and whether the personal wireless service facility as constructed will be in compliance with the approved plans and in accordance with generally accepted good engineering practices and industry standards. Verizon Wireless will so comply to the extent such fees may be legally imposed on an applicant under applicable law. (2) To assure sufficient funds are available to the Town to pay for the consultants referred to in the preceding subsection, an applicant shall be required to deposit review fees in escrow, in accordance with. the terms of Town Code § .153-2D, as the same may be amended from time to time. The Town Board shall setfrom tittle to time by resolution the minimum initial escrow deposit for any personal wireless service facility application which anticipates construction of any type of tower exceeding 50 feet. Verizon Wireless will so comply to the extent such fees may be legally imposed on an applicant under applicable law. R. Special permit approvals. (1) Except. aspro vided in Subsection R(2) below, the Planning Board may approve a special permit or special permit modification relating to a PWSF only if the Planning Board finds: (a) Federal law compliance. The PWSFs comply with all relevant federal statutory and regulatory requirements, including all applicable FCC, FAA, NEPA, and NHPA requirements; See Exhibit P (Proof of Compliance with Federal EME Regulations); the Project so complies. (b) The applicable standards in Chapter 270 (Zoning), Article =V (Special Permits and Special Approvals), § 270-200 (Considerations for approval) are met, and 4872-6179.2134.1 -31- The Project so complies. (c) All of the following additional standards are met. [I] Public utility status. Services provided by the proposed PWSFs are considered public utility services, and the provider of such services is considered a public utility, in the State of New York. See Exhibit C (Applicable Legal Standards); the Project so complies. `21 Need. The applicant has proven a compelling need to address any significant'gaps in the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network) through the proposed facilities and not through any other solution, and the facility presents a minimal intrusion on the community. See Exhibit H (RF Justification Report); the Project so complies. [a] To determine whether a gap is significant, the Planning Board shall consider, among other things, dropped call and failure rates, whether a gap is relatively large or small in geographic size, whether the number of the applicant's customers affected by the gap is relatively small or large, whether or not the location of the gap is situated on a lightly or heavily traveled road .or in a sparsely or densely occupied area, and whether the applicant's customers are affected for only a limited period of time. A significantgap cannot be established simply because the applicant's personal wireless services operate on a frequency which is not the frequency most desired by the applicant. An applicant's claim of need for future capacity does not constitute evidence of a significant gap. See Exhibit H (RF Justification Report); the Project so complies. fib] In making the finding of compelling need, the Planning Board shall consider the evidence of a significant gap, the applicant's consideration of other sites and other means of addressing the gaps, and, the feasibility of addressing the gaps through the use of other sites or other means See Exhibit H (RF Justification Report); the Project so complies. 4872-6179-2134.1 -32- [31 Compliance with Chapter 270 (Zoning) and other Town Code requirements. Complies with all requirements of this § 270-219, with all other requirements of this Chapter 270 (unless expressly superseded by this § 270-219), and all other applicable Ithaca Town Code requirements The Project so complies. [4] Co -location on proposed towers For non SWFs, when construction of a tower is proposed, such a tower is designed to accommodate future shared use by at least two other PWSF providers See Exhibit R (Site Plan); the Project so complies. [5] Aesthetic impacts. The proposed PWSFs will not inflict a significant adverse aesthetic impact upon properties that are located adjacent or in close proximity to the proposed site(s) or upon any other properties situated in a manner that such properties might reasonably be expected to sustain adverse aesthetic impacts See Exhibit Q (Photosimulation Report); the Project so complies. [61 Impacts upon real estate values The proposed PWSFs will not inflict a significant adverse impact upon the property values of properties that are located adjacent or in close proximity to the proposed site(s). First, as directed in the New York State Department of Environmental Conservation Handbook (the "Handbook"), "[t]he potential effects that a proposed project may have ... in reducing property values in a community may not be considered under SEQR" (emphasis added) because "speculative environmental loss" is not an environmental factor. Handbook, Ch. 5, p. 60-61. Second, the evidence demonstrates that there is no statistical correlation between cell tower proximity and reduction 'in property values. The concerns about the potential negative impact telecommunication towers on surrounding property values are not unique. During the late 1980's up and through the mid- 1990's, when wireless telecommunications technology was relatively new, the need for telecommunication towers was less accepted within communities. At that time, it was not uncommon for residents or board members to raise concerns about a proposed tower's potential impact on property values. 4872-6179-2134.1 - 33 - In response to those concerns, Verizon Wireless' representatives, on occasion, have been asked to conduct property value analyses to determine whether a proposed telecommunications tower would cause a decrease in property values in the area surrounding it. Enclosed as Exhibit Y are four (4) property value reports/analyses completed by certified New York State Appraisers in areas around proposed tower sites in several locations throughout Upstate New York (dating from 2011 to 2022), as well as an article from a Right of Way magazine describing a property value analysis completed by an appraisal firm that explored the impact of towers on adjacent property values. In each report/analysis and in the article, the appraisers concluded that there is. no evidence that telecommunications towers adversely impact property values. These conclusions were based,on analysis of actual property sales adjacent to existing towers. In addition, a 2015 survey found that cellular coverage was more important than schools when looking for a home (cellular service ranked 76% versus 60% for schools) and cellular coverage trailed only crime rates (96%), local taxes (90%) and amenities like parks and shops (84%).7 Also, it has been estimated that the availability of high speed internet can add $5,437 to the price of a $175,000 home.$ The facts submitted herewith and with the Application demonstrate the importance of reliable wireless service to the coimunity for maintaining property values. The Town's concern regarding property values should be allayed by the attached analyses which effectively eliminate any question whether the Project will reduce property values in the area. What is more likely, as our society becomes more and more dependent on wireless technology, is that a property will be less valuable and less desirable if not served by reliable voice and data wireless telecommunication services. Concerns that the Project may reduce the market value of the property surrounding the Project are simply not supported by actual credible statistical data from professionally certified real estate appraisers located in Upstate New York. [7] Impact upon the character of the surrounding community. The proposed PWSFs will not be incompatible with the use and character of properties located adjacent or in close proximity to the proposed site(s), or with any other properties situated in a 7 RootMetrics/Money, June 2, 2015. s WSJ "How Fast .Internet Affects Home Prices," June 30,. 2015. 4872-6179-2134.1 -34- manner that the .PWSFs might reasonably be expected to be incompatible with such properties. Personal wireless telecommunications facilities are a permitted use in the Town. Granting the requested approvals, which will allow for the placement of a necessary public utility in the Town, will not have an adverse impact on the physical or environmental conditions in the neighborhood and is part of the orderly and necessary infrastructure of a community. Moreover, the Project will not pollute, will not create noise or vibration, will not create any significant increase in traffic, will not create any environmental problems, will not increase population density, and will not create any demand on governmental facilities. Thus, the Project will not create any detriment to adjoining properties or change the character of the neighborhood. Instead, the Project will enhance governmental facilities and promote the public welfare by providing a modern, more efficient system of communications for police, fire and other emergency services, as well as provide modern wireless telecommunication service to business, industry and individuals in and around the Sunny View cell. [81 Mitigation. The applicant has mitigated the potential adverse impacts of the proposed PWSFs to the greatest extent reasonably feasible through siting, location and design. The Project so complies. (2) If the applicant asserts that a denial would constitute an effective prohibition, and the denial is based on a failure to comply with any of the standards in Subsection R(1)(b) or (c) above, then pursuant to federallaw, the Planning Board must consider whether the proposed facilities are the least intrusive means of addressing a significant gap in the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network). A significant gap is not established simply because the applicant's personal wireless services operate on a frequency which is not the frequency most desired by the applicant. An applicant's claim of need for future capacity does not constitute evidence of a significant gap. No response necessary. (a) The Planning Board shall consider, among other things, a) whether the proposed `site is the least intrusive location at which a personal wireless service facility that remedies an identified significantgap may be located, and 'the applicant has reasonably established a lack of potential 4872-6179-2134.1 -35- alternative less intrusive sites and lack of sites available for co -location, b) whether the specific location on the proposed portion of the selected site is the least intrusive portion of the site for the proposed installation, c) whether the height proposed for the personal wireless service facility is the minimum height necessary to remedy an established significant gap in service, d) whether a preexisting structure can be used to camouflage -the personal wireless service facility, e) whether the installation mitigates adverse impacts to the greatest extent reasonably feasible, through the employ of stealth design, screening, use of color, and noise mitigation measures,- and f) whether there is a feasible alternative to remedy the gap through alternative, less intrusive substitute facilities, such as the installation of more than one shorter facility instead of a single facility. No response necessary. (b) If the Planning Board finds that the proposed facilities are the least intrusive means of addressing a significantgap in the applicant's personal wireless services, then pursuant to federal law, the Planning Board must grant site plan and special permit approvals. No response necessary. S. . PWSFpermit issuance, duration and renewals. (1) The Director of Code Enforcement shall issue a personal wireless service facility permit upon i) submission of the proof of insurance required by Subsection Y, and ii) the Director of Code Enforcement's determination that the following standards are met. (a) For PWSFs that require site plan approval and a special permit. The Planning Board has approved a final site plan and special permit, and the applicant has received any necessary variances from the Zoning Board of Appeals No response necessary. (b) • For Section 6409(a)9 eligible facilities: All fees and required documents for Section 6409(a) eligible facilities applications per § 270-219G have been submitted to the Town. No response necessary. . (c) For all other PWSFs that do not require site plan approval and a special permit. Editor's Note: See 47 U.S.C. § 1455(a). 4872-6179-2134.1 -36- C1] Federal law compliance. The PWSFs comply with all relevant federal statutory and regulatory requirements, including all applicable FCC, FAA, NEPA, and NHPA requirements. Not applicable. [2] Public utility status. The services provided by the proposed PWSFs are considered public utility services, and the provider of such services is considered a public utility, in the State of New York. Not applicable. [3] Compliance with Chapter 270 (Zoning) and other Town Code requirements. Complies with all requirements of this § 270-219, with all other requirements of this Chapter 270 (unless expressly superseded by this § 270-219), and all other applicable .Ithaca Town Code requirements Not applicable. [4] If the applicant asserts that a denial would constitute an effective prohibition, and the denial is based on a failure to comply with any of the standards in Subsection S(1)(c)[2]. or [3] above, then pursuant to federal law, the Director of Code Enforcement must consider whether the proposed facilities are the least intrusive means of addressing a significant gap in the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network). A significant gap is not established simply because the applicant's personal wireless services operate on a frequency which is not the frequency most desired by the applicant. An applicant's claim of need for future capacity does not constitute evidence of a significant gap. Not applicable. [a] The Director of Planning shall make a recommendation to the Director of Code Enforcement on this determination. The Director of Code Enforcement shall consider, among other things, a) whether the height proposed for the personal wireless service facility is the minimum height necessary to remedy an established significant gap in service, b) whether the installation mitigates adverse impacts to the greatest extent reasonably feasible, through the employ of stealth design, screening, use of color, and noise mitigation measures, and c) whether there is a 4872-6179-2134,1 -37- feasible alternative to remedy the gap through alternative, less intrusive substitute facilities. Not applicable. A] If the Director of Code Enforcement finds that the proposed -facilities are the least intrusive means of addressing a significant gap in the applicant's personal wireless services, then pursuant to federal law, the Director of Code Enforcement must issue the personal wireless service facility permit. Not applicable. (2) A personal wireless service facility permit shall have a term of two years and may be renewed for successive two-year terms pursuant to the terms of this subsection. Verizon Wireless will so comply. (3) A permittee seeking to renew a personal wireless service facility permit must file a renewal application with the Director of Code Enforcement no later than six months prior to the expiration date of the existing permit. The renewal application shall include a completed Town renewal application form, the renewal fee then being charged by the Town for such renewal applications, and the following: (a) A certification of compliance with RF exposure limits that meets the rerluirements of Subsection T below, based on tests and inspections undertaken within six months prior to the certification submission; Verizon Wireless will so comply. (b) A written report from a professional engineer licensed to practice in the State of New York, based on tests and inspections undertaken within six months, prior to the report submission, certifying that the permitted personal wireless service facilities comply with the noise requirements in Subsection M; Verizon Wireless will so comply. (c) The documentation listed in Subsection G(1)(fl or G(2)09 above (whichever is applicable) showing compliance with all applicable building, structural, electrical and safety codes and with all other laws reasonably related to health and safety, and Verizon Wireless will so comply. 4872.6179-2134.1 -38- (d) An affidavit front an attorney admitted and registered to practice law in the State of New York stating that services provided by the PWSFs covered by the permit are considered public utility services, and the provider of such services is considered a public utility, in the State of New York. The affidavit shall also contain information supporting the statement. Verizon Wireless will so comply. (4) The Director of Code Enforcement shall renew a PWSF permit for a two-year term, provided that they find: (a) The permittee submitted all required renewal application materials and fees; No response necessary. (b) The permittee is incompliance with all terms of its permit, all requirements of this § 2.70-219, all other requirements of this Chapter 270 (unless expressly superseded by this § 270-2I9), all other relevant Ithaca Town Code requirements, and all relevant- federal statutory and regulatory requirements, and No response necessary. (c) Services provided by the PWSFs covered by the permit are considered public utility services, and the provider of such services is considered a public utility, in the State of New York. No response necessary. (5) If the applicant is in compliance with its permit, asserts that a denial would constitute an effective prohibition, and the denial is.based on a failure to comply with any of the non-federal standards in Subsection S(4)(b) or (c) above, then pursuant to federal law, the Director of Code Enforcement must consider whether the facilities are the least intrusive means of addressing a significant gap in the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network). The process and requirements in Subsection S(I)(c)[4] above shall apply. No response necessary. (6) If the Director of Code Enforcement denies a renewal application, a permittee may request a hearing before the Town Board upon an application made to the Town Clerk demonstrating that the pernittee was entitled to renewal pursuant to the terms of this subsection. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permittee's receipt of the denial of the renewal application. Within M days 4872-6174-2134.1 - 39 of the permittee's written request, the Town Board shall hold a hearing to determine whether to reverse the denial. The Town Board shall issue its written decision within 15 days after the hearing. No response necessary. (7) If a permittee does not qualify for renewal, the Director of Code Enforcement denies the renewal application, or upon appeal the Town Board upholds the denial, the permittee may file a new application for a. personal wireless service facility permit for the permitted personal wireless service facilities at the same locations. All provisions of this § 270-219 that apply to new applications shall apply to such applications. No response necessary. (8) Upon permit expiration (including where renewal is denied), the owner and operator of the PWSFs covered by the permit shall immediately cease operation of such PWSFs. Verizon Wireless will so comply. T. Certification of compliance with RF exposure limits (1) Within 45 days of initial operation or modification of a PWSF, the owner and operator (if different from the owner) of each antenna shall submit to the Director of Code Enforcement a written certification by a professional engineer licensed to practice in the State of New York, sworn to under penalties of perjury, that the PWSFs radio frequency -emissions comply with the applicable FCC maximum permissible exposure (MPE) limits for general population/uncontrolled exposure codified in 47 CFR 1.1310(e)(1), Table 1, or any successor regulation: See Exhibit P (Proof of Compliance with applicable federal regulations). (2) The licensed professional engineer shall measure the emissions of the approved PWSF as well as (where required by FCC regulation, bulletin, order or guidance) the cumulative emissions from other nearby PWSFs and determine if such emissions are within the FCC's MPE limits referenced above. See Exhibit P (Proof of Compliance with applicable federal regulations). (3) The PWSF owner and operator (if different front the owner) shall submit to the Director of Code Enforcement a report of these measurements and the engineer's findings with respect to compliance with the FCC's MPE limits. See Exhibit P (Proof of Compliance with applicable federal regulations). 4872.6179-2134.1 I (4) - If the report shows that the PWSF does not comply with applicable limits, then the owner and operator shall immediately cease operation of the PWSF until the PWSF is brought into compliance with such limits Proof of compliance shall be a written certification by a professional engineer licensed to practice in the State of New York, sworn to under penalties of perjury, that the PWSF's radio frequency emissions comply with the applicable FCC MPE limits The Town may require, at the applicant's expense, independent verification of the results of this analysis Not applicable. The Project complies with the FCC's acceptable limits. (5) After submission of the proof of compliance with the FCC's MPE limits described above, the PWSF owner and operator (if different from the owner) shall thereafter provide proofs of compliance with the applicable FCC MPE limits no less frequently than 12 months after the date of submission of the last proof of compliance. All of the provisions applicable to the initial submission shall apply to subsequent submissions. Verizon Wireless will so comply. (6) The Town shall have the right to employ a licensed professional engineer to conduct random and unannounced tests of PWSFs located within the Town to certify their compliance with the FCC's MPE limits The Town may cause such random testing to be conducted as often as the Town may deem appropriate. However, the Town may not require the owner and/or operator to pay for more than one Town test per PWSFper calendar year, unless such testing reveals that one or more of the owner and/or operator's PWSFs are exceeding the FCC's MPE limits. In such a case, the owner and operator shall immediately cease operation of all PWSFs that do not comply with the MPE limits until the owner or operator submits proof of compliance as described above. Within 45 days of the Town's receipt of such proof of compliance, the Town may conduct a follow- up test at the expense of the owner and the operator (if different from the owner) to verify compliance. No response necessary. U. Structural integrity ' inspections. Every personal wireless service facility shall be inspected at least every second year for structural integrity by a professional engineer licensed to practice in the State of New York. A copy of the inspection report shall be submitted to the Director of Code Enforcement. Any unsafe condition revealed by such report shall be corrected within 10 days of notification of same to the record landowner on which the facility is constructed. The time period for correction may, on application of the landowner or owner of the facility, be extended by the Director of Code Enforcement if it is impracticable to complete the correction within said 10 days and if there is no imminent danger to life, limb, or other person's property. If the unsafe condition is not corrected within the applicable time period, or if the required inspection is not provided to the Town, the personal wireless service facility permit for construction 4372-6179-2134.1 -41 - of the facility may, after a hearing by the Town Board'on at least 10 days'prior notice to the landowner of recordgiven by overnight mail, certified mail, return receipt requested, or other equally effective manner of providing notice, be revoked by the Town Board. Revocation may occur only if the Town Board finds either a) that the required inspection has not been provided or b) that there is an unsafe condition which poses a risk of bodily injury or significant property damage. Upon such revocation, the facility shall be removed or dismantled to the point of removing all unsafe conditions No response necessary. V. Insurance. (1) Minimum coverages Each PWSF permittee shall maintain in full force and effect, throughout the term of a PWSF permit, an insurance policy or policies Such policy or policies shall, at a minimum, afford insurance covering all of the permittee's operations, as follows: (a) Conrmercialgeneralliability insurance with limits ofinsurance ofnotless than $1,000,000 each occurrence and $3,000,000 annual aggregate for bodily injury and property damage, including contractual liability, personal injury, products and completed operations. (b) Commercial umbrella insurance with limits of not less than $5,000,000. (c) Pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence and $3,000,000 annual aggregate, with any deductible not to exceed $25,000 each occurrence. See Exhibit W. (2) Other insurance requirements. (a) Said policy or policies shall include the Town and its officers and employees as additional insureds. (b) Said policy or policies shall be endorsed to provide 30 days' advance written notice of cancellation or any material change to the Town. (c) Should any of the required insurance be provided under a claims -made form, a permittee shall maintain such coverage continuously throughout the term of a personal wireless service facility permit, and, without lapse, for a period of three years beyond the expiration or termination of the permit, to the effect that, should occurrences during the term of the permit give rise to claims made after expiration or termination of the permit, such claims shall be covered by such claims -made policies. See Exhibit W. 4872-6179-2134.1 ZM (3) Proof of Insurance. Before the Town will issue a personal wireless service facility site permit, a permittee shall furnish to the Town certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of New York and that are satisfactory to the Town evidencing all coverages set forth in this Subsection Y. See Exhibit W. W. Compliance required. A PWSF must comply at all times with: (1) All conditions imposed on any site plan approval, special permit approval, and variances, (2) Its PWSF permit, all relevant requirements of this ,§` 270-219, all other relevant requirements of this Chapter 270 (unless expressly superseded by this § 270-219), and all other relevant Ithaca Town Code requirements; and (3) All relevant federal statutory and regulatory requirements, including but not limited to applicable FCC maximum permissible exposure (MPE) limits for general population/uncontrolled exposure codified in 47 CFR 1.1310(e)(1), Table 1, or any successor regulation. Verizon Wireless will so comply. X. Americans with Disabilities Act accommodations. The Town seeks to comply with the Americans with Disabilities Actl ° and shall comply with same in the event that any person who is disabled within the meaning oftheActseeks a reasonable accommodation, to the extent that they are entitled to same under the Act. Not applicable. But note that Verizon Wireless will so comply with all applicable federal regulations. Y. Suspension or revocation of PWSF permit. (1) The Code Enforcement Officer may issue a notice of intent to suspend or revoke a personal wireless service facility permit for any violation. The notice of intent to suspend or revoke shall describe the violation and require the permittee to immediately correct the violation or cause the violation to be corrected No response necessary. (2) The notice of intent shall be provided to the permittee by personal service or by regular, overnight, certified or registered mail to the address submitted with the permit application. 10 Editor's Note: 36-26-2023 by L.L. No. 10-2023 4872-6179-2134.1 - 43 - No response necessary. (3) .If the permittee fails to immediately correct the violation or cause the violation to be corrected, the Code Enforcement Officer shall suspend or revoke the permit. No response necessary. (4) A permittee shall be entitled to request a hearing on suspension or revocation before the Town Board upon application' made to the Town Clerk demonstrating that the permittee was not in violation of the permit. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permittee's receipt of the notice of intent. Any suspension or revocation remains in effect unless modified by the Town Board. Within 30 days of the permittee's written request, the Town Board'shall hold a hearing to determine whether to reverse or modify the suspension or revocation. The Town Board shall issue its written decision within 15 days after the hearing. No response necessary. Z. Enforcement. (1) Whenever the Code Enforcement Officer finds that there has been a violation of this section, the Code Enforcement Officer is authorized to issue an order to remedy. No response necessary. (2) An order to remedy shall be in writing; identify the facility at issue, specify the condition or activity that violates this section; specify the provisions of this section which are violated by the specified condition or activity, and include a statement that the violations must be corrected within 30 days after the date of the order to remedy (or, if the violations are not reasonably capable of cure within 30 days, shall include a statement that the owner or operator must commence to cure such violations within such thirty -day period and thereafter diligently and with continuity prosecute such cure to completion in a period not to exceed 90 days after the Town's notice). The order may direct the person served with the order to begin to remedy the violations) immediately or within some other stated period of time that can be less than 30 days after the date of the order, direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may he instituted if compliance is not achieved within the specified period of time. No response necessary. (3) The order to remedy, or a copy thereof, may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the 4872-6179-2134.1 application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. The Code Enforcement Officer shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any property owner, PWSF operator, or any other person taking part or assisting in the operation of a PWSF at the affected property personally or by registered mail or cert�fled mail, provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the order to remedy. No response necessary. (4) Civil penalties. In addition to the remedies (including fines, imprisonment and injunctive relief) provided in § 270-239 (Violations and penalties) and in Town Law § 268, any person who violates any provision of this section, any term or condition of any Personal Wireless Facility Service permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this section shall be liable for a civil penalty of not more than $5, 000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca. No response necessary. (5) An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this section or any term or condition of any personal wireless service facility permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this section. Such remedy shall be in addition to penalties, fines and other remedies otherwise prescribed by law. No response necessary. -(6) Remedies not exclusive. No remedy fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this section, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, or in any other applicable law. .Any remedy fine or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this section, in any other section of this chapter, or in any other applicable law. No response necessary 4872-6179-2134.1 - 45 - (7) Conviction of a violation of this section shall constitute and effect an immediate forfeiture of any permit hereunder held by the person or entity so convicted. No response necessary. AA. Severability. If any clause, sentence, paragraph, subsection or part of this § 270-219 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainingportions hereof, but shall be confined to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. No response necessary. 4872-6179-2134.1 EXHIBIT G EXHIBIT G PROOF OF COMPLIANCE WITH THE TOWN'S AREA VARIANCE STANDARDS The Town's required showings for area variances, as described in Town Law § 267-b(3)(b) are reproduced below in bold italicized type, followed by Verizon Wireless' response in regular type. Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties? The surrounding area primarily consists of woodlands, with residences interspersed along and adjacent to Slaterville Road (New York Route 79). The Project will result in increased cell coverage for motorists along Slaterville Road as well as residents within the Town living in the residential neighborhoods adjacent to the Site. The construction of the Project at the height proposed will also result in increased wireless telecommunications coverage for local emergency and public safety services. Moreover, wireless infrastructure is an essential part of the critical infrastructure of any neighborhood: The granting of the requested area variance will not create an undesirable change in the neighborhood. The proposed location of the Site is set back from the public rights of way and residential neighborhoods and will result in minimal to no visual obstruction to the neighborhood., Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? A thorough radio -frequency engineering analysis of the Site (See Exhibit H (RF Justification Report)) revealed that the height of the tower is the minimum necessary to serve the current coverage gap within the Sunny View cell, while also accounting for the topography of the Site's surrounding area and the locations of obstructions which may interfere with the tower's functioning. Is the requested variance substantial? Section 270-16 the Town Code restricts the height of nonagricultural buildings in the Conservation zoning district to 38'feet in height from lowest interior grade and 36 feet in height from lowest exterior grade. The Project is proposed to be 134 feet, with an attached 4-foot lighting rod, for a total of 138 feet. The additional height is not substantial when balanced against critical service that the Project provides and the height of other similar towers serving the area. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Personal wireless telecommunications facilities are a permitted use in all of the Town's zoning districts upon the issuance of a special use permit and site plan approval. Granting the requested area variance, which will allow for the placement of a necessary public utility in the Town, will 4872-6179-2134.1 -2- not have an adverse impact on the physical or environmental conditions in the neighborhood and is part of the orderly and necessary infrastructure of a community. Moreover, the Project will not pollute, will.not create noise or vibration, will not create any significant increase in traffic, will not create any environmental problems, will not increase population density, and will not create any demand on governmental facilities. Thus, the Project will not create any detriment to adjoining properties or change the character of the neighborhood. Instead, the Project will enhance governmental facilities and promote the public welfare by providing a modern, more efficient system of communications for police, fire and other emergency services, as well as provide modern wireless telecommunication service to business, industry and individuals .in and around the Sunny View cell. Is the alleged difficulty self-created? The hardship is not self-created. Instead, it is a function of the nature of currently available . technology for the Project. As described in Exhibit B (Project Description), wireless telecommunications devices operate by transmitting a very low power radio signal between a wireless telecommunications device and an antenna mounted on a tower. In order for the antenna to transmit a signal to a wireless device that is sufficient to provide service to the device, the antenna has to be placed at a height that will allow for transmission between the antenna and the device that is unobstructed by surrounding structures or topography. 4872-6179-2134.1 X49011-:1wa Verizon Wireless Communications Facility Engineering Necessity Case -"Sunny View" Town Boundary Town/City Border Existing ITHACA HD Site Search Area Project Location Route 79 Existing DANBY Site Existing BROOKTONDALE Site Prepared by: Wasif Sharif, RF Engineer, Verizon Wireless Project: The project is the installation and operation of a new tower co -located wireless telecommunications site in the Town of Ithaca (the "Project Facility"). Verizon Mar 13t1, 2024 Introduction The purpose of this subsequent analysis is to summarize and communicate the technical radio frequency (RF) information used in the justification of this new site. Coverage and/or capacity deficiencies are the two main drivers that prompt the need for a new wireless communications facility/site. All sites provide a mixture of both capacity and coverage for the benefit of the end user. Coverage can be defined as the existence of signal of usable strength and quality in an area, including but not limited to in -vehicles or in -buildings. The need for improved coverage is identified by RF Engineers that are responsible for developing and maintaining the network. RF Engineers utilize both theoretical and empirical data sets (propagation maps and real world coverage measurements). Historically, coverage improvements have been the primary justification of new sites. Capacity can be defined as the amount of traffic (voice and data) a given site can process before significant performance degradation occurs. When traffic volume exceeds the capacity limits of a site serving a given area, network reliability and user experience degrades. Ultimately this prevents customers from making/receiving calls, applications cease functioning, internet connections time out and data speeds fail. This critical condition is more important than just a simple nuisance for some users. Degradation of network reliability and user experience can affect emergency responders and to persons in a real emergency situation can literally mean life or death. *Note that, while Verizon Wireless provides sufficient evidence to establish the existence of a coverage gap and capacity need in this case, the FCC has confirmed that federal law does not require a provider to establish the existence of a coverag%apacity gap to establish the need for a site. There are several ways by which an applicant can establish site need. See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," FCC 18-133, 85 FR 51867, at T 37 (October 15, 2018) (confirming that the test for establishing an effective prohibition is whether "a state or local legal requirement materially inhibits a provider's ability to engage in any of a variety of activities related to its provision of a covered service," and this test is met "not only when filling a coverage gap but also when densifying a wireless network, introducing new services or otherwise improving service capabilities') (emphasis added). ►►erizom' z Project Need Overview The project area, located in the southern portion of the Town of Ithaca is currently served by multiple sites. The project area is subject to significant terrain and or foliage challenges for RF (signal) propagation. This terrain and or foliage combined with long distance prevent effective propagation of Verizon's RF signals into this area compounding the coverage issue with areas of variable coverage creating significant gaps in coverage, both in signal level and signal quality. The first serving site is Brooktondale, located in the Town of Caroline, is approximately four and three quarter miles southeast(of the project location) situated on an existing tower located off Bald Hill Rd. While this site provides weak/variable coverage in portions of the project area, it does so from a terrain and or foliage + distance challenged position making the site not capable of efficiently or effectively providing adequate coverage or capacity. The second serving site is Ithaca HD, located in the Town of Ithaca, is approximately two and one half miles northwest (of the project location) situated on an existing tower off S Aurora St near Ithaca College. While this site provides weak/variable coverage in portions of the project area, it does so from a terrain and or foliage + distance challenged position making the site not capable of efficiently or effectively providing adequate coverage or capacity. A site of note is Danby, located in the Town of Danby, approximately two and one half miles southwest (of the project location) on an existing tower off Danby Rd. While this site is close by, it is blocked by a ridge and does not provide any coverage into the project area. Available (mid band Mid Band LTE) carriers at these and other area sites are not capable of effectively serving/offloading the project area due to inherent propagation losses from distance, challenging terrain and in building coverage losses negatively impacting mid band coverage and capacity offload capabilities. There are other Verizon sites in this general area but due to distance and terrain they also do not provide any significant overlapping coverage in the area in question that could allow for increased capacity and improved coverage from other sources. The primary objectives for this project are to increase capacity and provide and/or improve coverage throughout the south-eastern portion of the Town of Ithaca, specifically portions of Slaterville Rd, Burns Rd, Coddington Rd, E King Rd, Troy Road, Updike Rd, Southwoods drive, Old Gorge Rd, Park Ln, John St, as well as neighboring residential and commercial areas along and near these roads. Following the search for co -locatable structures to resolve the aforementioned challenges and finding none available, Verizon proposes to attach the necessary antenna(s) to a new 134' tower located at 111 Wiedmaier Ct, Ithaca, NY 14850. Verizon's antennas will utilize 130' for the ACL (Antenna Center Line) with a top of antenna height of 134'. This solution is the minimum height necessary to provide the coverage and capacity improvements needed. vrerizowl 3 Wireless LTE (Voice and Data) Growth Wireless smart city solutions are being used to track available parking and minimize pollution and wasted time. These same solutions are being used to track pedestrian and bike traffic to help planning and minimize accidents. Smart, wireless connected lighting enables cities to control lighting remotely, saving energy and reducing energy costs by 20%. 4G technology is utilized to track and plan vehicle deliveries to minimize travel, maximize efficiency, and minimize carbon footprint. 4G technology is also used to monitor building power usage down to the circuit level remotely, preventing energy waste and supporting predictive maintenance on machines and equipment. Wireless sensors placed in shipments are being used to track temperature -sensitive medications, equipment, and food. This is important for preventing the spread of food -borne diseases that kill 3,000 Americans each year. Source Venzon Innovation Center, Febmafy. 2018 A wireless network is like a highway system... US, mobile data traffic was 1.3 Exabytes per month in 2016, the equivalent of 334 million aVDs each month or 3,687 million text messages each second according to Cisco VNI Mobile Forecast Highlights, 2016-202],Feb 2017 ►►erizon Wireless is a critical component in schools and for today's students. 20,000 learning apps are available for 'Pads. 72% of i7unes top selling educational apps are designed for preschoolers and elementary students, 600+ school districts replaced text books with tablets in classrooms. 77% of parents think tablets are beneficial to kids. 74% of school administrators feel digital content increases student engagement. 70% of teens use cellphones to help with homework. Source_ CTIA's Infographics Today's Wireless Family, October, 2017 Wireless facilities and property values Cell service in and around the home has emerged as a critical factor in home -buying decisions National studies demonstrate that most home buyers value good cell service over many other factors including the proximity of schools when purchasing a home. More than 7596 of prospective home Awl buyers said a gootl cel lular connectionwas important to them,' The same study showed that 83% of Millennials (those bom between 83% 19a2 and 2004) said cell service was the most lmportantfact in purchasing a home 90% of U. S. households use wireless 9a% service- Citizens need access to 911 and reverse 911 and wireless may be their only connection 2 The average North American smartphone user will consume 48 GB of data per month in 2023, ...... up from just 5.2 GB per month in 2016 and 7.1 GB per month in 2017 .1 55% 4f American homes are wireless only.2 In North America, the average household has 13 connected devices _ = with smartphones outnumbering .f tablets 6 to 1.3 I7. Enrssc. ranirinly Repork —tte12n17 Ilr COC's 2016lVueleu SUlslrtutlon EariyftHeasenlEsemates FromtherJa4ena'Heatlhlntemew5urey.January-1uiy,201S 3 IHSHar>;et Conna*eooetic klaret!Ao.IW Q120Jry. June 7,2016 to) 240 million With over 80% of 9-1-1 calls now coming from cell phones---' 911 calls are made annually. In many areas, 80% or more are from wireless devices.' 1 IJational Emergency llum:zrnssociacon Enhanrkrg 9-1-1 CoeiationskNNneaomaiea AeanOeneCCakcack Explanation of Wireless Capacity Capacity in this analysis is evaluated with up to three metrics further explained below. These metrics assist Verizon traffic planning and RF Engineers in determining actual usage for a given site as well as can be used to project when a site is expected to run out of capacity (i.e. reach a point of exhaustion where it can no longer process the volume of voice and data requested by local wireless devices, thus no longer providing adequate service). Unfortunately capacity exhaustion has already occurred which presents an urgent need to deliver the capacity relief necessary in an effort to provide adequate and reliable coverage to this project area. Forward Data Volume ("FDV"), is a measurement of usage (data throughput) on a particular site over a given period of time. Average Schedule Eligible User ("ASEU"), is a measurement of the loading of the control channels and systems of a given site. Average Active Connections (" AvgAC") is a measurement of the number of devices actively connected to a site in any given time slot. Verizon Wireless uses proprietary algorithms developed by a task force of traffic planning engineers to monitor each site in the network and accurately project and identify when sites will approach their capacity limits. Using a rolling two-year window for projected exhaustion dates allows enough time, in most cases, to develop and activate a new site. It is critical that these capacity approaching sectors are identified early and the site development process is started and completed in time for new solutions (sites) to be on air before network issues impact the customers. As mentioned previously, actual utilization for the last year indicates several KPI's have already exceeded 100% utilization creating a more urgent need in this project area. Note: Of the following 15 capacity utilization slides, only one neighboring (to be offloaded) site is required to forecast a single KPI as reaching 100% utilization in order to justify capacity need for the proposed network densification. In this case all five neighboring sites already have two of the three KPI's historically experiencing overloaded conditions. Historical blocking creates a more urgent need than forecasted blocking. Furthermore the third KPI (Avg AC) for each site when understood and viewed together with the context of the first two KPI's (FDV and ASEU) validate the strategy that network densification is required to solve the substantial and significant gaps in coverage that are causing these overloaded conditions. verizoW Capacity Utilization FDV (Brooktondale Gamma) —Low Band LTE - FDV Utilization (%) —Mid Band LTE - FDV Utilization (%) Summary. This graph shows FDV (Forward Data Volume) which is a measurement of the customer data usage that this sector currently serves. As this limit is approached, data rates slow to unacceptable levels, potentially causing unreliable service for Verizon Wireless customers. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Gamma sector of the Brooktondale site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Brooktondale sector shown above has exceeded its capability of supporting FDV requirements as shown by the purple and dark red lines exceeding the max utilization threshold (red dashed line) frequently. In order to provide adequate and reliable service to Ithaca and the surrounding project area, network densification is required. verizonv' Capacity Utilization ASEU (Brooktondale Gamma) —Low Band LTE - ASEU Utilization (%) —Mid Band LTE - ASEU Utilization 1%) F: 71 Summary: This graph shows ASEU (Average Schedule Eligible User). ASEU is a measurement of the loading of the control channels and systems of a given site. The ASEU load is heavily impacted by distant users or those in poor RF conditions_ The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Gamma sector of the Brooktondaile site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Brooktondale sector is showing spare capacity in regard to this statistic. ASEU is one of three capacity KPI's used to determine capacity capability in this document. verizon' 7 Capacity Utilization AvgAC (Brooktondale Gamma) EZ —Low Band LTE - AvgAC Utilization (%) —Mid Band LTE - AvgAC Utilization (%) c_- .� z zd_--- °' m o Summary: This graph shows AvgAC (Average Active Connections). AvgAC utilization by carrier is a measurement of max active connection capacity per sector in any given time slot. When this limit is reached, no additional devices will be able to connect to the site, resulting in connection failures and dropped calls. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Gamma sector of the Brooktondale site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Brooktondale sector is showing spare capacity in regards to this statistic. AvgAC is one of three capacity KPI's used to determine capacity capability in this document. verizon-I a Capacity Utilization FDV (Ithaca HD Alpha) —Low Band LTE - FDV Utilization (%j —Mid Band LTE - FDV Utilization (%) 4'u ziz'a$'���_- Summary: This graph shows FDV (Forward Data Volume) which is a measurement of the customer data usage that this sector currently serves. As this limit is approached, data rates slow to unacceptable levels, potentially causing unreliable service for Verizon Wireless customers. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Alpha sector of the Ithaca HD site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade..The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Ithaca HD sector shown above has exceeded its capability of supporting FDV requirements as shown by the purple and dark red lines exceeding the max utilization threshold (red dashed line). In order to provide adequate and reliable service to Ithaca and the surrounding project area, network densification is required. verizon✓ 9 Capacity Utilization ASEU (Ithaca HD Alpha) Summary: This graph shows ASEU (Average Schedule Eligible User). ASEU is a measurement of the loading of the control channels and systems of a given site. The ASEU load is heavily impacted by distant users or those in poor RE conditions. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Alpha sector of the Ithaca HD site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase_ Detail: The existing Ithaca HD sector cannot support the traffic demand throughout the extent of the large geographic area it covers. Ithaca HD is overloaded, as shown by the purple actual use line exceeding the red dashed exhaustion threshold. In order to provide adequate and reliable service to Ithaca and the surrounding project area, network densification is required. verizonv' 10 Capacity Utilization AvgAC (Ithaca HD Alpha) —Low Band LTE - AvgAC Utilization (%) —Mid Band LTE - AvgAC Utilization (%) Summary: This graph shows AvgAC (Average Active Connections). AvgAC utilization by carrier is a measurement of max active connection capacity per sector in any given time slot. When this limit is reached, no additional devices will be able to connect to the site, resulting in connection failures and dropped calls. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Alpha sector of the Ithaca HD site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Ithaca HD sector is showing spare capacity in regards to this statistic. AvgAC is one of three capacity KPI's used to determine capacity capability in this document. verizon-1 11 Explanation of Wireless Coverage Note the affect of clutter on the predicted coverage footprint above **Dark Green >/= -75dBm RSRP, typically serves dense urban areas as well as areas of substantial construction (colleges, hospitals, dense multi family etc } Green >1= -85dBm RSRP, typically serves suburban single family residential and light commercial buildings Yellow >/_ -95dBm RSRP, typically serves most rural/suburban-residential and in car applications Orange >/=-105dBm RSRP, rural highway coverage, subject to variable conditions including fading and seasonality gaps White = ­ 105dBm RSRP, variable to no reliable coverage gap area More detailed, site -specific coverage slides are later in the presentation *Signal strength requirements vary as dictated by specific market conditions **Not displayed in example ma , layer not used in all site justifications n verizo Coverage is best conveyed via coverage maps. RF engineers use computer simulation tools (in this case Verizon uses Forsk Atoll) which takes into account terrain, vegetation, building types, and other site/network specifics to model the RF environment. This prop model is used to simulate the real world network and assist RF Engineers to evaluate the impact of a proposed site (along with industry experience and other tools). Network design, performance evaluation and development needs have become far too complex for drive test data and dropped call records which for a long time now have been antiquated and simply not effective in visually communicating gaps in coverage or capacity capability for 4 and 5G networks. Tompkins County, NY Verizon Wireless sites provide customers service using several FCC licensed frequencies including 700 and 85OMHz. To resolve capacity congestion for these coverage layers higher frequency (and bandwidth) PCS (1900 MHz), Mid Band LTE (2100 MHz) and C-Band (37OOMHz) mid band carriers are added however due to differences in propagation characteristics, many gaps in coverage and capacity still remain requiring network densification to resolve. In some mountaintop or long distance situations the mid band (higher frequency) Mid Band LTE, PCS and C-Band carriers are either not or not fully effective due to excessive distance (path loss). This is because the site is located too far from the user population to provide adequate and reliable service. Although exclusively regulated by the FCC and subject to market adjustment as needed, it is worth noting that all of the propagation slides in this RF Justification are generated using the max power (32Ow) LB, MB and C-Band Samsung radio capabilities. Signal strength throughout a given site's coverage area is subject to the limitations of the frequencies used. Lower frequencies with narrower bandwidth propagate further distance, and are less attenuated by clutter than higher frequencies with wider bandwidth. Unfortunately due to relatively narrow spectrum available these low bands can become quickly overloaded especially where similar signal strength from mid band carriers are not available. Similar coverage levels from mid band carriers are needed to resolve capacity issues (including the ability to make and receive voice calls). In order to provide similar coverage levels using the higher capacity/higher frequencies, a denser network of sites is required (network densification). Modern 4 and 5G networks are designed and intended to combine or use more than one frequency band at a time. This is called carrier aggregation which is not effective when the mid band signal is too weak or nonexistent. This means that site justification including ACL requirements must be derived from mid band capabilities. It is critical to understand the relationship between low band capacity and mid band coverage especially when reviewing the need for new suburban and rural morphology sites. 12 Explanation of Sunny View Search Area A Search Area is the geographical area within which a new site is targeted to solve a coverage or capacity deficiency. Three of the factors taken into consideration when defining a search area are topography, user density, and the existing network. • Topography must be considered to minimize the obstacles between the proposed site and the target coverage area. For example, a site at the bottom of a ridge will not be able to cover the other side from a certain height. • In general, the farther from a site the User Population is, the weaker the RF conditions are and the worse their experience is likely to be. These distant users also have an increased impact on the serving site's capacity. In the case of a multi sector site, centralized proximity is essential to allow users to be evenly distributed and allow efficient utilization of the site's resources. • The existing Network Conditions also guide the design of a new site. Sites placed too close together create interference due to overlap and are an inefficient use of resources. Sites that are too tall or not properly integrated with existing sites cause interference and degrade service for existing users. • Existing co -locatable structures inside the search area as well as within a reasonable distance of the search area are submitted by site acquisition and reviewed by RF Engineering. If possible, RF will make use of existing or nearby structures before proposing to build new towers. Sunny View Search Area To resolve the coverage and capacity deficiencies previously detailed, Verizon Wireless is seeking to add one new cell facility within this area to improve wireless service capacity and coverage. By providing a new dominant signal area and offloading weak and distant traffic from Brooktondale and Ithaca HD with the proposed site, adequate and reliable service will be restored. The new Sunny View site will provide dominant and dedicated signal to the identified portions of the Towns of Ithaca, Danby and Dryden. This helps to improve not only the Sunny View project area but will also result with significant improvements to the above mentioned overloaded sites ultimately improving community wide areas in and around the Sunny View project area. verizonv 13 Area Terrain/Minimum AMSL (Ground Elevation) The below map is used to help in reference to both the preceding search area slide as well as the following coverage slides. Roads and terrain can be difficult to observe when reviewing the coverage slides i ne Deiow image is aosent any coverage io neip me viewer warn area onentarlon as weu as visuauzing the need ror me oeaow Iwu AiVIJL kmaxamum grouna elevarion �CMC IBS Cayuga Lakeiwsucc�R '.�CAYIXA HEIGi{FS �CAYVCJI �\ CORHELL RES O 17 WU -MiB MICRO ' }Y1[A DT �EGMANS 5 IWAL MART ITHACA 0- -1311 MICRO ELL AO Danby Rt.245 Dryden `. ' 'I Caroline The Sunny View project area is subject to significant terrain challenges and site placement is critical to provide the necessary coverage and capacity needed. The site needs to be located within the search area but also at a ground elevation below the ridge of 1,150' or below to keep the site contained. The proposed site is located at 824'AMSL which meets this requirement ind is strategi Ily located within the ring to allow for Line Of Sight (LOS) to the coverage objective areas. verizonv 14 Existing Low Band (700/85OMHz) Best Server 405dBm RSRP Best Server plots depict the actual footprint of each sector in question at one threshold so the viewer can accurately evaluate the area offloaded by the new sites The map above represents coverage from existing sites, with the sites in need of capacity offload detailed in the legend above. Blue coverage is from other on air (Low Band} sites. verizon 15 Proposed Low Band (700/85OMHz) Best Server 405dBm RSRP Best Server plots depict the actual footprint of each sector in question atone threshold so the viewer can accurately evaluate the area off loaded by the new sites The map above adds the footprint of the proposed Sunny View site in green. The green best server footprint provides improved coverage and capacity throughout the identified significant gap area. This will help to resolve the coverage and capacity issues impacting the existing overloaded sectors identified in the image above. verizonv' 16 Existing Low Band (700185OMHz) Coverage (signal strength) This coverage map shows how weak the RF conditions are in portions of the Town of Ithaca and surrounding area. Refer to slide 12 for furtherexplana tion of these color thresholds i -85 Best Signal Level (dBmt }=-85 HEIGHTS -95 Best Signal Level (dBmk r =-95 105 Best Signal Level (d6m) Y=-105 I Fhe map above represents existing low band signal strength coverage from existing sites. Notice the large (orange coverage) areas near the proposed Sunny View site that are subject to variable coverage conditions including fading and seasonality gaps. verizowl 17 Proposed Low Band (700/85OMHz) Coverage (signal strength) This coverage map shows how improved the RF conditions will be in portions of the Town of Ithaca and surrounding area. Refer to slide 12 for furtherexplanation of these color thresholds ti 0- -- YIC- 4 t -85 Best Signal Level (d$m) >=-85 I HEIGN75 -95 Best Signal Level (d6m) >=-45 r: 105 Best Signal Level (d6mt > =-105 DALE SmI � ► N j - - The map above adds low band of the Sunny View site to the existing signal strength (small cells removed from previous slide). The significantly improved signal strength corresponds t improved coverage and capacity throughout the identified significant gap areas. This will help to resolve the coverage and capacity issues impacting portions of the Town of Ithaca. verizon✓ 18 Existing Mid Band (AWS/PCS/C-Band) Best Server 405dBm RSRP Best Server plots depict the actual footprint of each sector in question at one threshold so the viewer can accurately evaluate the area off loaded by the new sites lFUL I Ilk EClI ILO & ILA Cll GQ. 'as sirs — On Air Coverage s_ ® Brooktondale Gamma Ithaca HD �,. Search Area w , EW ' f �r Vj51 � r ' VIP The map above represents coverage from existing sites, with the sites in need of capacity offload detailed in the legend above. Blue coverage is from other on air (Mid Band) sites. Notice the lack of signal or where there is signal, a dominant server throughout the Sunny View project area. This reveals several sites that are excessively stretching their mid band coverage capabilities which results with unacceptable coverage and performan ie. Verizonv' 19 Proposed Mid Band (AWS/PCS/C-Band) Best Server 405dBm RSRP Best Server plots depict the actual footprint of each sector in question at one threshold so the viewer can accurately evaluate the area offloaded by the new sites uominant signal area. On Air Coverage Brooktondale Gamma 0 Ithaca HD �,. Search Area ® Sunny View nF.tt,nnale w r�- pip H}I(k YK Iti1:nN.E The map above adds the footprint of the proposed Sunny View site in green. The green best server footprint provides improved coverage and capacity throughout the identified significant gap area. This will help to resolve the coverage and capacity issues impacting the existing overloaded sectors identified in the image above. venzonv' 20 Existing Mid Band (AWS/PCS/C- Band) Coverage (signal strength) This coverage map shows how weak the RF conditions are in portions of the Town of Ithaca and surrounding area. Heter to slure 12 for turther explanation or these color thresholcls Liz *.NFL.1 ` REEL .• s W HILHO' - EGET05Y�i � � 4 � �hLyART MIiCRO', � • - ' 4 i �KIMi UhNE3Y N�CRO c I ,: AV' r~ i lr wrooki onciaie f. f The map above represents mid nand coverage from existing sites. This midband signal is very weak throughout the project area. Additional mid band network densification is required resolve these conditions. verizo, 21 Proposed Mid Band (AWS/PCS/C-Band) Coverage (signal strength) This coverage map shows how improved the RF conditions will be in portions of the Town of Ithaca and surrounding area. Meter to sucie 7z for rurrner exDm yT!MC Ias Lion or rnese color rnresnoas ALA_ OT MMS i By IrlcRo l � 'ice BY F It 1 406 1 The map above adds mid band of the Sunny View site to the existing signal strength (small cells removed from previous slide). The significantly improved signal strength corresponds to improved coverage and capacity throughout the identified significant gap areas. This will help to resolve the coverage and capacity issues impacting portions ofthe Town of Ithaca. verizonf 22 RF Justification Summary The proposed site resolves the coverage and capacity impacting shown above: The green shaded and capacity that the proposed resolve. Low and Mid Band Gap Low Band Gap t substantial and significant gaps in the Town of Ithaca. These gaps are area represent the gaps in coverage Sunny View site with 130' ACt_ will The network was analyzed to determine whether there is sufficient RF coverage and capacity in the Towns of Ithaca, Danby, and Dryden. It was determined that there are significant gaps in adequate LTE service for Verizon Wireless in the Low and Mid Band LTE frequencies. In addition to the coverage deficiencies, Verizon Wireless' network does not have sufficient capacity (low band or mid band) to handle the existing and projected LTE voice and data traffic in the area near and neighboring the proposed facilities ("targeted service improvement area"). Based on the need for additional coverage and capacity while considering the topography and specific area requiring service, any further addition of capacity to distant existing sites does not remedy Verizon's significant gap in reliable service. Therefore, the proposed facilities are also needed to provide "capacity relief" to the existing nearby Verizon Wireless sites, allowing the proposed facilities and those neighboring sites to adequately serve the existing and projected capacity demand in this area. With the existing network configuration there are significant gaps in service which restricts Verizon Wireless customers from originating, maintaining or receiving reliable calls and network access. It is our expert opinion that the proposed site will satisfy the coverage and capacity needs of Verizon Wireless and its subscribers in these portions of the Towns of Ithaca, Danby, Dryden and this project area. The proposed location depicted herein satisfies the identified service gaps and is proposed at the minimum height necessary for adequate and reliable service. l/U U C%a Wasif Sharif Engineer III — RF Design 1275 John Street, Suite 100 West Henrietta, NY 14586 Verizon Wireless verizon/ 23 Supplemental - Sunny View Height Justification This map shows the topographical underlay map of the Sunny View project area. Terrain is a significant consideration in determining the necessaryantenna height. Antenna design height refers to the "centerline" of the antennas (vertically) otherwise known as ACL (Antenna Center Line). A related measurement is the tip of the antennas which is often equal to the necessary tower height. We will refer to both for clarity. •i i i 1 NY vnEW °13e1ha1 Grove 1 1 02M The Sunny View project area and the southeastern portion of the town of Ithaca, southwestern portion of Dryden and northeastern portion of Danby are subject to significant terrain challenges for RF signal propagation. Proper site location as well as an appropriate ACL are necessary to provide adequate and reliable coverage throughout the project area to not only resolve existing coverage and capacity challenges but to also avoid the need for additional towers in the area (tower proliferation). Areas above in the black dashed lines are the areas where mid -band coverages changes dramatically when ACL is altered. Please refer to Slide 25 Verizonv' USGS Top o Ma 24 p Supplemental - Height Justification Mid -Band Coverage (AWS/PCS/C-Band) 140' AC L $5 Best Signal Level fdbm� > .85 130' ACL -95 Best Signal Level fdbmr=.g5 -505 Best Signal Level (dBm) > s-105 • (Proposed) f � l' •� � .r � � JA �4 120' ACL 11.0' ACL pc i Due to long distance (propagation) coverage challenges in every direction from the proposed Sunny View site, coverage capabilities below 130' ACL are significantly compromised causing gaps in coverage and capacity capability for Verizon's mid band licenses including but not limited to AWS, PCS and C-Band which vary in frequency from 1900-3700MHz. Specific areas circled above in the black dashed lines along the Staterville Road, Burns Road, Coddington Road, Southwoods Dr, all listed as primary objectives are all significantly impacted by reduction in ACL. verizonv' Supplemental - Height Justification Low -Band Coverage (7001850 MHz) } 140 A -: '-S5 130 A -95 - 105 Best Signal tcvef (dBm1 , r-85 Best Signal LevtE {daml =-55 Best Signal Levef Id$mJ >=-105 (P- d w R . R • f � - / 120' AC Lto 110' AC L'* % 41 A- • � R • L • R L • Of Low band coverage capabilities are not typically the limiting factor in determining height justification unless the area is subject to terrain challenges. The above signal strength coverage plots are shown for low band context purpose only. The significant market share and customer demand that the network is subject to can not be supported with low band only coverage in portions of the project area, nor is the functionality of carrier aggregation possible without adequate and reliable mid band coverage throughout the project and primary coverage objective areas. Height justification must be determined based on a given site's limiting factor which in the case of the Sunny View project is the mid band capabilitiesINvenzon%l Supplemental - Neighboring site ACUs and Capacity offload Below is a data table of the proposed notable design data as compared to the surrounding sites for the Sunny View project area. Site Name ft) AMSL (ft) Combined (ft) Site Location Antenna Distance to Sunny View Site Tech Type SS Radlo(s) 320w Frequencies (MHz) Broaktandale 1648 1808 42.365008,-76.383761 NHH-65C-R28 4.73 miles 4G/5G Samsung LB/MB/Cband 700/850/1900/210013700 DANBY 1229 1334 42.393328,-76,4955 NHH-65C-R28 2.66 miles 4G/5G Samsung LB/MS/Cband 700/850/1900/2100/3700 ITHACA P76 755 920 42.429778,-76,496556 NHH-65C-R2B 2.63 miles 4G/5G Samsung LB/MB/Cband 700/8S0/1900/2100/3700 COLLEGETOWN 732 808 42.441672,-76.485664 NHH-65C-R2B 2.7 miles 4G/5G Samsung LB/MB/Cband 700/850/1900/2100/370000RNELLAG 883 955 42.44G019,-76.471SG4 NHH•65C-R2B 2.55 miles 4G/5G Samsung LB/MB/Cband 700/850/1900/2100/3700 VARNA RELO 971 1 1087 1 42AS2786,36.450808 NHH-65C-R2B 2.8 miles 4G/5G Samsung LB/MB/Cband 7001850/1900/2100/3700 CAYUGA HEIGHTS 120 1122 1242 42.468925,-76.402933 X7C-S8D-21 4.6 miles 4G/5G Samsung LB/MB/Cband 700/850/19DD/210D/3700 CAYUGA 120 903 1023 42.466481,-76.479575 NHH-65C-R213 4 miles 4G/5G Samsung LB/MB/Cband 700/850/1900/2100/3700 ITHACA OT 114 407 521 42.437714,-76.499036 NHH-65C-R213 3 miles 4G/5G Samsung LB/MB/Cband 700/850/1900/210013700 SAPSUCKER 11Q 1089 1199 42.469681,76.447681 NHH-65C-R2B 3.95 miles 4G/SG Samsung LB/MB/Cband 7D0/850/1900/2100/3700 The existing neighboring sites listed above are overburdened primarily due to the excessively large geographic area they are struggling and ineffectively serving throughout the Sunny View project area. These are the areas where the existing coverage is weaker than the adequate and reliable thresholds (p12) causing excess burden on the sites (primarily impacting low band) to repeatedly attempt to complete those call and data tasks demanded by users on the network. The geographic area of offload needed to be resolved in order to restore adequate and reliable coverage is shown on p23. The proposed site at 130' ACL achieves the project area objectives detailed on p3. The Sunny View site proposed by Verizon Wireless is designed to provide both coverage and capacity relief. Coverage improvements are needed in both the low band (700/85OMHz) range as well as the mid band (1900/2100/3700Mhz) range. The neighboring sites mentioned in the RF Justification are primarily overloaded on the low bands. The mid band frequencies from the existing sites do not travel far enough (these sites are too far away from the project area) to provide the necessary capacity relief which causes the need for network densification. Considering the large mid band coverage gap associated with the Sunny View project area it is necessaryto construct a new tower tall enough for the antenna centerline to allow the mid band frequencies the unobstructed ability to propagate across the project area. This is the coverage component of the site justification and is further detailed on pps 15-22 of the RF Justification. The proposed site and coverage is centrally located to the problem area and at the minimum height needed which minimizes the future need for additional tower sites in the area and solves the aforementioned coverage and capacity issues in the least intrusive way possible. Adequate and reliable low band coverage is provided to the area with the addition of the Sunny View site however the low bands by themselves will become quickly or immediately overburdened without proper mid band coverage to match which would otherwise cause a loss in adequate and reliable network performance. To prevent this, the new site is designed to maximize mid band capabilities knowing that capacity and demand on the network is increasing in a logarithmic trend over time. Mid band provides the largest combined bandwidth and coverage capabilities to mitigate or delay eventual overloading. If the ACL is lowered the site won't achieve the offload already needed by the network as shown in the RFJ (pps 6-11) let alone be capable of supporting the growing needs of the future. There isn't a site tall enough to forever prevent the need for additional network densification in the Town of Ithaca however filling in the largest gap areas with reasonable macro sites like Sunny View will minimize community impact by providing reliable low band coverage matched to mid band capacity. Building a lower ACL (c130') Sunny View site than what is proposed will result with underachieving the primary objectives listed on p3 and likely result with premature or otherwise unnecessary need for future tower proliferation necessaryto make up for an ill-advised tower height that would be too short to solve the identified problems. After careful and detailed review, it is Verizon's expert RF opinion that 130' ACL is the minimum height needed to solve the existing coverage and capacity gaps in the least intrusive way possible and with careful consideration of alternate lower ACL's as well as evolving network needs in this portion of the Town of Ithaca. This solution will minimize the overall visual impact to the community in the Town of Ithaca while maximizing wireless service improvement throughout the community. The proposed 134' tower and Verizon 130'ACL co -location at 111 Wiedmaier Court, Ithaca, NEW YORK 14850 will resolve the identified gaps in adequate and reliable coverage and capacity to this portion of the Town of Ithaca which also provides site containment impacting the coverage and capacity capabilities of the neighboring currently overloaded sites which results with a community wide benefit that will benefit mobile customers far beyond the Sunny View project area. verizonV 27 Verizon Wireless Communications Facility Engineering Necessity Case -"Sunny View" Town Boundary Town/City Border Existing ITHACA HD Site Search Area Project Location Route 79 Existing DANBY Site Existing BROOKTONDALE Site Prepared by: Wasif Sharif, RF Engineer, Verizon Wireless Project: The project is the installation and operation of a new tower co -located wireless telecommunications site in the Town of Ithaca (the "Project Facility"). Verizon Mar 13tn 2024 Introduction The purpose of this subsequent analysis is to summarize and communicate the technical radio frequency (RF) information used in the justification of this new site. Coverage and/or capacity deficiencies are the two main drivers that prompt the need for a new wireless communications facility/site. All sites provide a mixture of both capacity and coverage for the benefit of the end user. Coverage can be defined as the existence of signal of usable strength and quality in an area, including but not limited to in -vehicles or in -buildings. The need for improved coverage is identified by RF Engineers that are responsible for developing and maintaining the network. RF Engineers utilize both theoretical and empirical data sets (propagation maps and real world coverage measurements). Historically, coverage improvements have been the primary justification of new sites. Capacity can be defined as the amount of traffic (voice and data) a given site can process before significant performance degradation occurs. When traffic volume exceeds the capacity limits of a site serving a given area, network reliability and user experience degrades. Ultimately this prevents customers from making/receiving calls, applications cease functioning, internet connections time out and data speeds fail. This critical condition is more important than just a simple nuisance for some users. Degradation of network reliability and user experience can affect emergency responders and to persons in a real emergency situation can literally mean life or death. *Note that, while Verizon Wireless provides sufficient evidence to establish the existence of a coverage gap and capacity need in this case, the FCC has confirmed that federal law does not require a provider to establish the existence of a coverag%apacity gap to establish the need for a site. There are several ways by which an applicant can establish site need. See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," FCC 18-133, 85 FR 51867, at T 37 (October 15, 2018) (confirming that the test for establishing an effective prohibition is whether "a state or local legal requirement materially inhibits a provider's ability to engage in any of a variety of activities related to its provision of a covered service," and this test is met "not only when filling a coverage gap but also when densifying a wireless network, introducing new services or otherwise improving service capabilities") (emphasis added). verizowl 2 Project Need Overview The project area, located in the southern portion of the Town of Ithaca is currently served by multiple sites. The project area is subject to significant terrain and or foliage challenges for RF (signal) propagation. This terrain and or foliage combined with long distance prevent effective propagation of Verizon's RF signals into this area compounding the coverage issue with areas of variable coverage creating significant gaps in coverage, both in signal level and signal quality. The first serving site is Brooktondale, located in the Town of Caroline, is approximately four and three quarter miles southeast(of the project location) situated on an existing tower located off Bald Hill Rd. While this site provides weak/variable coverage in portions of the project area, it does so from a terrain and or foliage + distance challenged position making the site not capable of efficiently or effectively providing adequate coverage or capacity. The second serving site is Ithaca HD, located in the Town of Ithaca, is approximately two and one half miles northwest (of the project location) situated on an existing tower off S Aurora St near Ithaca College. While this site provides weak/variable coverage in portions of the project area, it does so from a terrain and or foliage + distance challenged position making the site not capable of efficiently or effectively providing adequate coverage or capacity. A site of note is Danby, located in the Town of Danby, approximately two and one half miles southwest (of the project location) on an existing tower off Danby Rd. While this site is close by, it is blocked by a ridge and does not provide any coverage into the project area. Available (mid band Mid Band LTE) carriers at these and other area sites are not capable of effectively serving/offloading the project area due to inherent propagation losses from distance, challenging terrain and in building coverage losses negatively impacting mid band coverage and capacity offload capabilities. There are other Verizon sites in this general area but due to distance and terrain they also do not provide any significant overlapping coverage in the area in question that could allow for increased capacity and improved coverage from other sources. The primary objectives for this project are to increase capacity and provide and/or improve coverage throughout the south-eastern portion of the Town of Ithaca, specifically portions of Slaterville Rd, Burns Rd, Coddington Rd, E King Rd, Troy Road, Updike Rd, Southwoods drive, Old Gorge Rd, Park Ln, John St, as well as neighboring residential and commercial areas along and near these roads. Following the search for co -locatable structures to resolve the aforementioned challenges and finding none available, Verizon proposes to attach the necessary antenna(s) to a new 134' tower located at 111 Wiedmaier Ct, Ithaca, NY 14850. Verizon's antennas will utilize 130' for the ACL (Antenna Center Line) with a top of antenna height of 134'. This solution is the minimum height necessary to provide the coverage and capacity improvements needed. verizonv' 3 Wireless LTE (Voice and Data) Growth Wireless smart city solutions are being used to track available parking and minimize pollution - and wasted time. These same solutions are being used to track pedestrian and bike traffic to help planning and minimize accidents. Smart, wireless connected lighting enables cities to control lighting remotely, saving energy and reducing energy costs by 20%. 4G technology is utilized to track and plan vehicle deliveries to minimize travel, maximize efficiency, and minimize carbon footprint. 4G technology is also used to monitor building power usage down to the circuit level remotely, preventing energy waste and supporting predictive maintenance on machines and equipment. Wireless sensors placed in shipments are being used to track temperature -sensitive medications, - equipment, and food. This is important for preventing the spread of food -borne diseases that kill 3,000 Americans each year. SourceVenzon Innovation Center, February 2018 A wireless network is like a highway system... us, mobile data traffic was 1.3 Exabytes per month in 2016, the equivalent of 334 million DVDs each month or 3,687 million text messages each second according to Cisco VNI Mobile Forecast Highlights, 2016-2021,Feb 2017 ■ verizon Wireless is a critical component in schools and for today's students. 20,000 learning apps are available for Rads. 72% of iTunes top selling educational apps are designed for preschoolers and elementary students. 600+ school districts replaced text books with tablets in classrooms. 77% of parents think tablets are beneficial to kids. 74% of school administrators feel digital content increases student engagement. 70% of teens use cellphones to help with homework. Source. CT1A's Infographics Todav s Wireless Family, October, 2017 Wireless facilities and property values. Cell service in and around the home has emerged as a critical factor in home -buying decisions. National studies demonstrate that most home buyers value good cell service over many other factors including the proximity of schools when purchasing a home. ,w More than 75% of prospective home buyers said a good cellular connection was importantto them.' The same study showed that 83% of Miltennlals (those born between 83% 1982 and 2004) said cell service was the most Importantfact in purchasing a home 90 % of U.S- households use wireless service. Citizens need access to 911 57�p�Y and reverse 911 and wireless may be theironly connection? The average North American smartphone user will consume 48 GB of data per month in 2023, up from just 5.2 GB per month in 2016 and 7.1 GB per month in 2017 .1 55% Of American homes are wireless only.z In North America, the average household has 13 connected devices with smartphones outnumbering tablets 6 to 1.3 1. EncswnMoa#gRi,pwtl`m—. er2017 CDC 2018 WNele Su IK41ugOM1 Eaa, Release0lEsama[es Fr6m ale NatOng Heallh EnleMeW su4eY AnUati-Ju11, 2018 . IMS UMel Cmnaaea UvAo ut=elMmkor U1 2016. June 7.2016 With over 80% of 9-1-1 calls 80 �a+ now coming from cell phones...' 240 million 911 calls are made annually. In many areas, 80% or more are from wireless devices. t 1 tlabanalEmergencytlumeerrssodalnn Enhancing9-1-10peraamsrV'HhmtemaledAnandcned Cal-xK 1 IIee.IwlualYntr iMAMvgilnONw�.BrN�rG.�aw/rrw.M LMM hm] AI! ] nN ir�an�5 Explanation of Wireless Capacity Capacity in this analysis is evaluated with up to three metrics further explained below. These metrics assist Verizon traffic planning and RF Engineers in determining actual usage for a given site as well as can be used to project when a site is expected to run out of capacity (i.e. reach a point of exhaustion where it can no longer process the volume of voice and data requested by local wireless devices, thus no longer providing adequate service). Unfortunately capacity exhaustion has already occurred which presents an urgent need to deliver the capacity relief necessary in an effort to provide adequate and reliable coverage to this project area. Forward Data Volume ("FDV"), is a measurement of usage (data throughput) on a particular site over a given period of time. Average Schedule Eligible User (" ASEU" ), is a measurement of the loading of the control channels and systems of a given site. Average Active Connections (°AvgAC") is a measurement of the number of devices actively connected to a site in any given time slot. Verizon Wireless uses proprietary algorithms developed by a task force of traffic planning engineers to monitor each site in the network and accurately project and identify when sites will approach their capacity limits. Using a rolling two-year window for projected exhaustion dates allows enough time, in most cases, to develop and activate a new site. It is critical that these capacity approaching sectors are identified early and the site development process is started and completed in time for new solutions (sites) to be on air before network issues impact the customers. As mentioned previously, actual utilization for the last year indicates several KPI's have already exceeded 100% utilization creating a more urgent need in this project area. Note: Of the following 15 capacity utilization slides, only one neighboring (to be offloaded) site is required to forecast a single KPI as reaching 100% utilization in order to justify capacity need for the proposed network densification. In this case all five neighboring sites already have two of the three KPI's historically experiencing overloaded conditions. Historical blocking creates a more urgent need than forecasted blocking. Furthermore the third KPI (Avg AC) for each site when understood and viewed together with the context of the first two KPI's (FDV and ASEU) validate the strategy that network densification is required to solve the substantial and significant gaps in coverage that are causing these overloaded conditions. verizon,' Capacity Utilization FDV (Brooktondale Gamma) —Low Band LTE - FDV Utilization (%) —Mid Band LTE - FDV Utilization (%) am ?Co Summary: This graph shows FDV (Forward Data Volume) which is a measurement of the customer data usage that this sector currently serves. As this limit is approached, data rates slow to unacceptable levels, potentially causing unreliable service for Verizon Wireless customers. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Gamma sector of the Brooktondale site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade_ The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Brooktondale sector shown above has exceeded its capability of supporting FDV requirements as shown by the purple and dark red lines exceeding the max utilization threshold (red dashed line) frequently. In order to provide adequate and reliable service to Ithaca and the surrounding project area, network densification is required. verizon' Capacity Utilization ASEU (Brooktondale Gamma) a —Low Band LTE - ASEU Utilization (%) —Mid Band LTE - ASEU Utilization (%) 3 LIU- n--' -- - - S z Q C Summary: This graph shows ASEU (Average Schedule Efigible User). ASEU is a measurement of the loading of the control channels and systems of a given site, The ASEU load is heavily impacted by distant users or those in poor RF conditions_ The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Gamma sector of the Brooktondale site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Brooktondale sector is showing spare capacity in regard to this statistic. ASEU is one of three capacity KPI's used to determine capacity capability in this document. verizom' 7 Capacity Utilization AvgAC (Brooktondale Gamma) —Low Band LTE - AvgAC Utilization N —Mid Band LTE - AvgAC Utilization (%) n. Cf� u a n `' ` fc a G �. � i i i e c t— _— •.� m� -.a a a r: nc—- o- -- Summary: This graph shows AvgAC (Average Active Connections). AvgAC utilization by carrier is a measurement of max active connection capacity per sector in any given time slot. When this limit is reached, no additional devices will be able to connect to the site, resulting in connection failures and dropped calls. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Gamma sector of the Brooktondale site_ The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Brooktondale sector is showing spare capacity in regards to this statistic. AvgAC is one of three capacity KPI's used to determine capacity capability in this document. verizonv' 8 Capacity Utilization FDV (Ithaca HD Alpha) —Low Band LTE - FDV Utilization (%) —Mid Band LTE - FDV Utilization (%) 4w 5�. it" AhA Summary: This graph shows FDV (Forward Data Volume) which is a measurement of the customer data usage that this sector currently serves. As this limit is approached, data rates slow to unacceptable levels, potentially causing unreliable service for Verizon Wireless customers. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Alpha sector of the Ithaca HD site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Ithaca HD sector shown above has exceeded its capability of supporting FDV requirements as shown by the purple and dark red lines exceeding the max utilization threshold (red dashed line). In order to provide adequate and reliable service to Ithaca and the surrounding project area, network densification is required. verizon,l 9 Capacity Utilization ASEU (Ithaca HD Alpha) Summary: This graph shows ASEU (Average Schedule Eligible User). ASEU is a measurement of the loading of the control channels and systems of a given site. The ASEU load is heavily impacted by distant users or those in poor RF conditions. The purple lime represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Alpha sector of the Ithaca HD site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red fines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Ithaca HD sector cannot support the traffic demand throughout the extent of the large geographic area it covers. Ithaca HD is overloaded, as shown by the purple actual use line exceeding the red dashed exhaustion threshold. in order to provide adequate and reliable service to Ithaca and the surrounding project area, network densification is required. verizon✓ 10 Capacity Utilization AvgAC (Ithaca HD Alpha) —Low Band LTE - AvgAC Utilization {%) —Mid Band LTE - AvgAC Utilization (%) mry ryM .1 i g > i c=_-_ I ui i ox n a y S .: �c i i i .;. .;• � _ - a' e' Summary: This graph shows AvgAC (Average Active Connections). AvgAC utilization by carrier is a measurement of max active connection capacity per sector in any given time slot. When this limit is reached, no additional devices will be able to connect to the site, resulting in connection failures and dropped calls. The purple line represents the daily max busy hour Low Band LTE utilization and the dark red line is daily max busy hour Mid Band LTE utilization on the Alpha sector of the Ithaca HD site. The red dashed line is the limit where the sector reaches exhaustion and service starts to significantly degrade. The point in time where we see the purple or dark red lines reach or exceed the red dashed line is when service quickly degrades as usage continues to increase. Detail: The existing Ithaca HD sector is showing spare capacity in regards to this statistic. AvgAC is one of three capacity KPI's used to determine capacity capability in this document. verizonv 11 Explanation of Wireless Coverage Note the affect of clutter on the predicted coverage footprint above —Dark Green >1= -75dBm RSRP, typically serves dense urban areas as well as areas of substantial construction (colleges, hospitals, dense multi family etc.) Green >l= -85dBm RSRP, typically serves suburban single family residential and light commercial buildings Yellow >/_ -95dBm RSRP, typically serves most rural/suburban-residential and in car applications Orange >1=-105dBm RSRP, rural highway coverage, subject to variable conditions including fading and seasonality gaps White = <-105dBm RSRP, variable to no reliable coverage gap area More detailed, site -specific coverage slides are later in the presentation *Signal strength requirements vary as dictated by specific market conditions **Not displayed in example ma , layer not used in all site justifications verizo. Coverage is best conveyed via coverage maps. RF engineers use computer simulation tools (in this case Verizon uses Forsk Atoll) which takes into account terrain, vegetation, building types, and other site/network specifics to model the RF environment. This prop model is used to simulate the real world network and assist RF Engineers to evaluate the impact of a proposed site (along with industry experience and other tools). Network design, performance evaluation and development needs have become far too complex for drive test data and dropped call records which for a long time now have been antiquated and simply not effective in visually communicating gaps in coverage or capacity capability for 4 and 5G networks. Tompkins County, NY Verizon Wireless sites provide customers service using several FCC licensed frequencies including 700 and 85OMHz. To resolve capacity congestion for these coverage layers higher frequency (and bandwidth) PCS (1900 MHz), Mid Band LTE (2100 MHz) and C-Band (37OOMHz) mid band carriers are added however due to differences in propagation characteristics, many gaps in coverage and capacity still remain requiring network densification to resolve. In some mountaintop or long distance situations the mid band (higher frequency) Mid Band LTE, PCS and C-Band carriers are either not or not fully effective due to excessive distance (path loss). This is because the site is located too far from the user population to provide adequate and reliable service. Although exclusively regulated by the FCC and subject to market adjustment as needed, it is worth noting that all of the propagation slides in this RF Justification are generated using the max power (320w) LB, MS and C-Band Samsung radio capabilities. Signal strength throughout a given site's coverage area is subject to the limitations of the frequencies used. Lower frequencies with narrower bandwidth propagate further distance, and are less attenuated by clutter than higher frequencies with wider bandwidth. Unfortunately due to relatively narrow spectrum available these low bands can become quickly overloaded especially where similar signal strength from mid band carriers are not available. Similar coverage levels from mid band carriers are needed to resolve capacity issues (including the ability to make and receive voice calls). In order to provide similar coverage levels using the higher capacity/higher frequencies, a denser network of sites is required (network densification). Modern 4 and 5G networks are designed and intended to combine or use more than one frequency band at a time. This is called carrier aggregation which is not effective when the mid band signal is too weak or nonexistent. This means that site justification including ACL requirements must be derived from mid band capabilities. It is critical to understand the relationship between low band capacity and mid band coverage especially when reviewing the need for new suburban and rural morphology sites. 12 Explanation of Sunny View Search Area A Search Area is the geographical area within which a new site is targeted to solve a coverage or capacity deficiency. Three of the factors taken into consideration when defining a search area are topography, user density, and the existing network. • Topography must be considered to minimize the obstacles between the proposed site and the target coverage area. For example, a site at the bottom of a ridge will not be able to cover the other side from a certain height. • In general, the farther from a site the User Population is, the weaker the RF conditions are and the worse their experience is likely to be. These distant users also have an increased impact on the serving site's capacity. In the case of a multi sector site, centralized proximity is essential to allow users to be evenly distributed and allow efficient utilization of the site's resources. • The existing Network Conditions also guide the design of a new site. Sites placed too close together create interference due to overlap and are an inefficient use of resources. Sites that are too tall or not properly integrated with existing sites cause interference and degrade service for existing users. • Existing co -locatable structures inside the search area as well as within a reasonable distance of the search area are submitted by site acquisition and reviewed by RF Engineering. If possible, RF will make use of existing or nearby structures before proposing to build new towers. Sunny View Search Area To resolve the coverage and capacity deficiencies previously detailed, Verizon Wireless is seeking to add one new cell facility within this area to improve wireless service capacity and coverage. By providing a new dominant signal area and offloading weak and distant traffic from Broohtondale and Ithaca HD with the proposed site, adequate and reliable service will be restored. The new Sunny View site will provide dominant and dedicated signal to the identified portions of the Towns of Ithaca, Danby and Dryden. This helps to improve not only the Sunny View project area but will also result with significant improvements to the above mentioned overloaded sites ultimately improving community wide areas in and around the Sunny View project area. verizoml 13 Area Terrain/Minimum AMSL (Ground Elevation) The below map is used to help in ref erenceto both the preceding search area slide as well as the following coverage slides. Roads and terrain can be difficult to observe when reviewing the coverage slides. The below image is absent any coverage to help the viewerwith area orientation as well as visualizing the need for the below 1000' AMSL (maximum ground elevation requirement). ICNC 195 SUCKER Cayuga Lake 3CvRY1JCA HEIGHTS �RAYUGA �! RTH GQRNELL RELO TDRNELL �4VPRNELI NELL 15G - iHwEsi�LE�ETowN Dryden �: MICAO ��q�HAG Di 0EG-1 SPflH' THPLA HD '1WALMART MEW YG ITHACA � �Ew � c3NG Diner Mr - Caroline Danby Rt.245 A 92 6� 0.6 C!M�aODKTONOALE The Sunny View project area is subject to significant terrain challenges and site placement is critical to provide the necessary coverage and capacity needed. The site needs to be located within the search area but also at a ground elevation below the ridge of 1,150' or below to keep the site contained. The proposed site is located at 824'AMSL which meets this requirement ind is strategi Ily located within the ring to allow for Line Of Sight (LOS) to the coverage objective areas. verizonv 14 Existing Low Band (700/850MHz) Best Server-105dBm RSRP Best Server plots depict the actual footprint of each sector in question at one threshold so the viewer can accurately evaluate the area offloaded by the new site U VI IIII IQI IL Z) Y IIQI C11 GQ. eMc les �yn{}•j I T W., I jM On Air Coverage Brooktondale Gamma 0 Ithaca HD Search Area The map above represents coverage from existing sites.. with the sites in need of capacity offload detailed in the legend above. Blue coverage is fror other on air (Low Band sites. Verizo,1 15 Proposed Low Band (700/85OMHz) Best Server 405dBm RSRP Best Server plots depict the actual footprint of each sector in question at one threshold so the viewer can accurately evaluate the area offloaded by the new sites identified significant gap area. This will help to resolve the coverage and capacity issues impacting the existing overloaded sectors identified in the image above. Verizon%' 16 Existing Low Band (700/85OMHz) Coverage (signal strength) This coverage map shows how weak the RF conditions are in portions of the Town of Ithaca and surrounding area. Refer to slide 12 for further expfana tion of these color thresholds ! -85 Best Signal Level (dBmi >=-85 -95 Best Signal Level (dBmJ > =-95 -105 Best Signal Level (dBml > =-10S t i I M 0MUY WHO 1 � N w 'he map above represents existing low band signal strength coverage from existing sites. Notice the large (orange coverage) areas near the proposed Sunny View site that are subject to variable coverage conditions including fading and seasonality gaps. verizon' 17 Proposed Low Band (700/85OMHz) Coverage (signal strength) This coverage map shows how improved the RF conditions will be in portions of the Town of Ithaca and surrounding area. Refer to slide 12 for further explanation of these color thresholds w ' ur . K r � �HG pANBr MICRO y � — -#it • �j . � r Il d. 1 r R. j • ! *a o a2 0.1 0.6 0.•M, t 4 A - -85 Best Signal Level (dBm) r =-85 -95 Best Signal Level (dBm) > =-95 -105 Best Signal Level (dBml > =-105 The map above adds low band of the Sunny View site to the existing signal strength (small cells removed from previous slide). The significantly improved signal strength corresponds t improved coverage and capacity throughout the identified significant gap areas. This will help to resolve the coverage and capacity issues impacting portions of the Town of Ithaca. verizom' 18 Existing Mid Band (AWS/PCS/C- Band) Best Server 405dBm RSRP Best Server plots depict the actual footprint of each sector in question at one threshold so the viewer can accurately evaluate the area offloaded by the new sites aominant signal area 51G�" On Air Coverage ':s ® Brooktondale Gamma Ithaca HD ',. Search Area w , i -k s• i n ti • a iiNf1Y Ew 1 :E1 eq(l;alc. J z 4 0 0.2 0, O,fi 0.fim. air, 3_ The map above represents coverage from existing sites, with the sites in need of capacity offload detailed in the legend above. Blue coverage is from other on air (Mid Band) sites. Notice the lack of signal or where there is signal, a dominant server throughout the Sunny View project area. This reveals several sites that are excessively stretching their mid hand coverage capabilities which results with unacceptable coverage and performance. verizorV 119 Proposed Mid Band (AWS/PCS/C-Band) Best Server-105dBm RSRP Best Server plots depict the actual footprint of each sector in question at one threshold so the viewer can accurately evaluate the area offloaded by the new sites aomrnant signal area. 5 - On Air Coverage Brooktondale Gamma Ithaca HD Search Area ® Sunny View `i r.J i�^ .� _���F:1nR7�lr• f IN ' O! The map above adds the footprint of the proposed Sunny View site in green. The green best server footprint provides improved coverage and capacity throughout the identified significant gap area. This will help to resolve the coverage and capacity issues impacting the existing overloaded sectors identified in the image above. venzo6l 20 Existing Mid Band (AWS/PCS/C-Band) Coverage (signal strength) This coverage map shows how weak the RF conditions are in portions of the Town of Ithaca and surrounding area. Heter to slide 71 for rurtner explc �Trmc Iss Lion or these color tnresnoras r W &T :►; M�cMo - � ut EGNANS SP - Y WAA&"Y r r� 4 ' BY �:,o�KioRamte {AW 4 iftit. * f.? The map above represents mid band coverage from existing sites. This midband signal is very weak throughout the project area. Additional mid band network densification is required resolve these conditions. verizonV 21 Proposed Mid Band (AWS/PCS/C- Band) Coverage (signal strength) This coverage map shows how improved the RF conditions will be in portions of the Town of Ithaca and surrounding area. Herer to sure 71 for rurtrler exDtl tion or tnese mor tnresnoras _ 1, E� i}I ®RNEi1 Y 4 E�Mu+s o7 � 1�lU-MART NICFiO�• "1� � - . ��i1�' !!JJ i • � 4 s• � � i •oAWY MEW � wg; 1 h it Im The map above adds mid band of the Sunny View site to the existing signal strength (small cells removed from previous slide). The significantly improved signal strength corresponds to improved coverage and capacity throughout the identified significant gap areas. This will help to resolve the coverage and capacity issues impacting portions of the Town of Ithaca. verizon' 22 RF Justification Summary .� - -- Low and Mid Band Gap .._. Low Band Gap 'S ZkN ,•y,, --I 4- tj �• y The proposed site resolves the substantial and significant gaps in coverage and capacity impacting the Town of Ithaca. These gaps are shown above: The green shaded area represent the gaps in coverage and capacity that the proposed sunny View site with 130' ACL will resolve. verizon/ The network was analyzed to determine whether there is sufficient RF coverage and capacity In the Towns of Ithaca, Danby, and Dryden. It was determined that there are significant gaps in adequate LTE service for Verizon Wireless in the Low and Mid Band LTE frequencies. In addition to the coverage deficiencies, Verizon Wireless' network does not have sufficient capacity (low band or mid band) to handle the existing and projected LTE voice and data traffic in the area near and neighboring the proposed facilities ("targeted service improvement area"). Based on the need for additional coverage and capacity while considering the topography and specific area requiring service, any further addition of capacity to distant existing sites does not remedy Verizon's significant gap in reliable service. Therefore, the proposed facilities are also needed to provide "capacity relief" to the existing nearby Verizon Wireless sites, allowing the proposed facilities and those neighboring sites to adequately serve the existing and projected capacity demand in this area. With the existing network configuration there are significant gaps in service which restricts Verizon Wireless customers from originating, maintaining or receiving reliable calls and network access. It is our expert opinion that the proposed site will satisfy the coverage and capacity needs of Verizon Wireless and its subscribers in these portions of the Towns of Ithaca, Danby, Dryden and this project area. The proposed location depicted herein satisfies the identified service gaps and is proposed at the minimum height necessary for adequate and reliable service. MZ�C%a� Wasif Sharif Engineer III — RF Design 1275 John Street, Suite 100 West Henrietta, NY 14586 Verizon Wireless 23 Supplemental - Sunny View Height Justification This map shows the topographical underlay map of the Sunny View project area. Terrain is a significant consideration in determining the necessary antenna height. Antenna design height refers to the "centerline" of the antennas (vertically) otherwise known as ACL (Antenna Center Line). A related measurement is the tip of the antennas which is often equal to the necessary tower height. We will refer to both for clarity. i 1 A � weer Bethel Grove - �.� �•, ...... I •� t � �t f 0 0.1 0.31M The Sunny View project area and the southeastern portion of the town of Ithaca, southwestern portion of Dryden and northeastern portion of Danby are subject to significant terrain challenges for RF signal propagation. Proper site location as well as an appropriate ACL are necessary to provide adequate and reliable coverage throughout the project area to not only resolve existing coverage and capacity challenges but to also avoid the need for additional towers in the area (tower proliferation). Areas above in the black dashed lines are the areas where mid -band coverages changes dramatically when ACL is altered. Please refer to Slide 25 Verizonv U S G S Top o Map 24 P Supplemental - Height Justification Mid -Band Coverage (AWS/PCS/C-Band) 140' ACL -SS Best Srgnat Level IdBml »-$5 -SOS Bret Signal Leel Id6ml >--ro5 13 0' A C L -95 Best Signal Level jdBm) >=-10 (Proposed) 4% t + 120' ACL 110' AC L `. .__... . ram• � � .� .?� r � . a ! - Due to long distance (propagation) coverage challenges in every direction from the proposed Sunny View site, coverage capabilities below 130' ACL are significantly compromised causing gaps in coverage and capacity capability for Verizon's mid band licenses including but not limited to AWS, PCS and C-Band which vary in frequency from 1900-3700MHz. Specific areas circled above in the black dashed lines along the Staterville Road, Burns Road, Coddington Road, Southwoods Dr, all listed as primary objectives are all significantly impacted by reduction in ACL. verizonv Supplemental - Height Justification Low -Band Coverage (700/850 MHz) ''�` 40' A E - .'!ice` �- 13 0' A L Si 6est Signal Levei {tlBm� >=-85 Best Signal Leva! {dBml > =-55 teceE _ .10 -1pS - Best Signal [d5ml > =-165 (P- d Prt •. • P + - .r d A f f � 1 z 0' AC Ley - t 11 o' AC L- . Ilk ♦ T 1 P 1 w i^ r L L 'Y + 1 r • � 1 .04 A f/ Low band coverage capabilities are not typically the limiting factor in determining height justification unless the area is subject to terrain challenges. The above signal strength coverage plots are shown for low band context purpose only. The significant market share and customer demand that the network is subject to can not be supported with low band only coverage in portions of the project area, nor is the functionality of carrier aggregation possible without adequate and reliable mid band coverage throughout the project and primary coverage objective areas. 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EXHIBIT I verizonv BELL ATLANTIC MOBILE SYSTEMS LLC DIBIA VERIZON WIRELESS SUNNY VIEW SITE 111 Wiedmaier Court Ithaca, New York 14850 SITE SELECTION ANALYSIS SEPTEMBER 19, 2023 Verizon Wireless 1275 John Street, Suite #140 West Henrietta, New York 14586 4824-6453-9010.1 Sunny View Site Ithaca, New York September 19, 2023 SITE SELECTION ANALYSIS Verizon Wireless proposes to install and operate a new wireless telecommunications facility, including a new tower, associated antennas, ground equipment, and related appurtenances, at 111 Wiedmaier Court in the Town of Ithaca, Tompkins County, New York. The property is currently a 12.34 acre parcel, and is currently vacant land. 1. NEED FOR FACILITY (a) Problem The process of identifying a technologically appropriate location, as well as the need for this communications facility are as provided in the RF SEARCH RING JUSTIFICATION. As indicated in that report, when a Verizon Wireless Radio Frequency Engineer identifies coverage gaps in the system or sites that have or will reach data capacity exhaustion, they issue a "search area." A search area is a geographical area located within the inadequately serviced area, and it is designed such that if a wireless telecommunications facility is located within the search area, and at an appropriate height, it will likely provide the required coverage. For the most part, locations outside of the search area will fail to provide adequate service to the cell. Due to technological constraints, there is limited flexibility as to where a new facility can be located, and still function properly. The goal of the search area is to define the permissible location for placement of a cell site that will provide adequate service in the subject cell, and also work properly as part of the overall network. (b) Solution A search area was developed based on the problems identified in the RF SEARCH RING and are attached herein as Attachment 1. These are the geographical areas within which a new wireless telecommunications facility is likely to provide the required coverage (at an appropriate height). Parameters for the search area are generally along Slaterville Road (Route 79) just South of Park Lane and to the south just past Burns Road. Again, for the most part, locations outside of the search area will fail to provide adequate service to the cell while locations within are likely, but not guaranteed, to do so. 2. SEARCH RING ANALYSIS (a) Geography & Topography The Sunny View search area has some varying topography and is comprised of open fields and wooded areas. (b) Land Use The Search Ring is made up of predominately residentially developed and undeveloped parcels. 3. ZONING CONSIDERATIONS (a) Collocation Verizon Wireless routinely seeks to install its antennas and equipment on an existing wireless telecommunications towers or other tall structures ("collocation"), whenever feasible. Page 2 of 7 4824-6453-9010.1 Sunny View Site Ithaca, New York September 19, 2023 Local communities universally favor collocation because they can minimize the number of wireless telecommunications towers in an area and many municipalities even provide for a streamlined application review process. Collocation is often listed as the highest siting priority in a local municipality's Zoning Law. In addition to the streamlined zoning application process, collocation is preferred by wireless providers because it is generally a less expensive and more efficient option, compared to construction of a new tower facility. (b) New Structure on Municipally -owned Property As its next priority, Verizon Wireless generally seeks to locate wireless telecommunication facilities on municipally -owned property. These locations are often preferred by municipalities as the second preference behind collocation as it allows municipalities to benefit from a rental stream for the leased premises. In this case, unfortunately there are not any Town of Ithaca owned parcels in the area of the search area. (c) New Structure on Privately -owned Property When it is not feasible to collocate on an existing tower or tall structure, and there are no feasible municipally -owned properties in the area, Verizon Wireless must find a privately -owned site which is appropriate for and can accommodate a new wireless telecommunications structure. In doing so, the Site Acquisition Specialist attempts to identify properties in the Search Area large enough to accommodate the facility and which also meet any required area requirements such as set backs. In addition, other characteristics such as existing compatible land use and existing mature vegetation that can screen the facility are considered. Access, land use, constructability, the presence of wetlands, floodplains and other contributing factors are also examined. 4. SEARCH RING ANALYSIS After a comprehensive investigation of the Search Ring, no currently available towers or tall structures are available collocation. Per the town code for the Town of Ithaca, new wireless telecommunications Wireless telecommunications facilities are permitted in the Town of Ithaca, regardless of zoning district, upon the issuance of a special permit and site plan approval from the Planning Board. (Code § 270-219(B)). Area variances for height, setbacks/fall zone, and lot size from the Board of Appeals would also be required should the height of the proposed facility exceed 30'. (Code § 270- 219(B)). A fall zone around any telecommunications tower must have a radius at least equal to the height of the tower and any attached antennae, which fall zone may not include public roads. The lot on which the tower is located may not contain any other structure other than that associated with the telecommunications facility, which shall be located on a single parcel. All telecommunications facilities shall comply with the setback, frontage, minimum lot size and yard standards of the underlying zoning district, which also apply to all tower parts including guy wires, anchors and accessory buildings. (Code § 270-219(F)(1-4)). 5. CANDIDATE ANALYSIS A comprehensive investigation of the Sunny View Search Area was completed and several potential candidates were identified. The parcel is identified on Attachment 2. A summary of the property located within the Search Area is detailed below. (A) Six Mile Creek Vineyard (Tax Parcel ID# 503089-56.-2-1.1) -- 1551 Slaterville Road This parcel, 25.22 acres in size is located on the south side of Slaterville Road, across from where Park Lane intersects with Slaterville Road. This location was submitted to the RF Page 3 of 7 4824-6453-9010.1 Sunny View Site Ithaca, New York September 19, 2023 engineer for review as a potential location for a tower facility. The owner of the vineyard was initially interested in leasing space to Verizon Wireless, but the Verizon Wireless RF engineer determined that this location would not be adequate, as this location would have not adequately covered the intended coverage area in the same capacity as the selected location. As such, lease negotiations with the owner of the vineyard were terminated. (B) Gary Foote #1 (Tax Parcel ID# 503089-56.-3-14.3) — No Number Slaterville Road This parcel, 8.65 acres in size is located on the north side of Slaterville Road, close to where Burns Road intersects with Slaterville Road. This location was submitted to the RF engineer for review as a potential location for a tower facility. The landowner was initially interested in leasing space to Verizon Wireless, but the Verizon Wireless RF engineer determined that this location would not be adequate, as this location would have not adequately covered the intended coverage area in the same capacity as the selected location. As such, lease negotiations with the landowner were terminated. (C) Gary Foote #2 (Tax Parcel ID# 503089-56.-3-14.2) -- 1598 Slaterville Road This parcel, 10.54 acres in size is located on the north side of Slaterville Road, across from where Burns Road intersects with Slaterville Road. This location was submitted to the RF engineer for review as a potential location for a tower facility. The landowner was initially interested in leasing space to Verizon Wireless, but the Verizon Wireless RF engineer determined that this location would not be adequate, as this location would have not adequately covered the intended coverage area in the same capacity as the selected location. As such, lease negotiations with the landowner were terminated. (D) Gary Foote #3 (Tax Parcel 1D# 502489-71.-1-1.2) —1698 Slaterville Road This parcel, 16.25 acres in size is located on the north side of Slaterville Road, just to the south of where Burns Road intersects with Slaterville Road. This location was submitted to the RF engineer for review as a potential location for a tower facility. The landowner was initially interested in [easing space to Verizon Wireless, but the Verizon Wireless RF engineer determined that this location would not be adequate, as this location would have not adequately covered the intended coverage area in the same capacity as the selected location. As such, lease negotiations with the landowner were terminated. (E) S Roberts WC Land LLC (Tax Parcel ID# 503089-56.-4-1.22) — 111 Wiedmaier Court This parcel, 12.34 acres in size is located on the south side of Burns Road, just to the south of where Burns Road intersects with Slaterville Road. This parcel and proposed tower location is within the search area and has proved to be the best location from a topography and terrain perspective. The chosen location on the property also offers some natural screening of the base of the tower facility from view from neighboring parcels to the north and is a significant distance from the neighboring apartment homes on Wiedmaier Court, and the homes on Burns Way and Slaterville Road. As further detailed in the RF review and analysis document - "Engineering Necessity Case — Sunny View" this location adequately solves the issues that the Verizon Wireless network is currently experiencing in the area. 6. CONCLUSION Based on the requirements of the town's site plan review law, the existing conditions and land use, and the reasons identified above, as well as the results of RF review and analysis, we believe the S Roberts WC Land LLC parcel is the best location for the proposed facility. Page 4 of 7 4824-6453-9010. l Sunny View Site Ithaca, New York September 19, 2023 Prepared by: Brett Morgan Airosrnith Development Consultant to Verizon Wireless Page 5 of 7 4824-6453-9010,1 Sunny View Site Ithaca, New York September 19, 2023 ATTACHMENT 1 VERIZON WIRELESS SUNNY VIEW SEARCH RING Page 6 of 7 4824-6453-9010.1 Sunny View Site Ithaca, New York September 19, 2023 ATTACHMENT 2 VERIZON WIRELESS SUNNY VIEW PARCELS IDENTIFIED & INVESTIGATED Page 7 of 7 4824-5453-9010.1 EXHIBIT 1 ULS License AWS-3 (1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz) License - WQVN679 - Ceiico Partnership Call Sign WQVN679 Status Active Rural Service Provider Bidding Credit Is the Applicant seeking a Rural Service Provider (RSP) bidding credit? Reserved Spectrum Reserved Spectrum Market Market BEA006 - Syracuse, NY -PA Submarket 0 3.7 GHz License Type Dates Grant 04/08/2015 Effective 02/24/2017 Buildout Deadlines 1st 04/08/2021 Discontinuance Dates 1st Notification Dates 1st 03/10/2021 lice❑ FRN 0003290673 Licensee Cellco Partnership 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 ATTN Regulatory Contact Verizon Wireless Licensing Manager 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 ATTN Regulatory Ownership and Quakfications Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. D�i�iogr�Uiiit, Race Ethnicity Radio Service AT - AWS-3 (1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz) Auth Type Regular Channel Block I Associated Frequencies 001770.00000000-001780,00000000 (MHz) 002170,00000000-002160.00000000 3.7 GHz Linked License Expiration 04/08/2027 Cancellation 2nd 04/08/2027 2nd 2nd 03/10/2021 Type General Partnership P:(770)797-1070 F:(678)259-1319 E:Iicensirgcompliance@verizonwireless.com P:(770)797-1070 F:(678)259-1319 E:L:icensirtgComplience@VerizonWireless.com Gender Yes ULS License AWS (1710-1755 MHz and 2110-2155 MHz) License - WQGA833 - Cellco Partnership Call Sign WQGA833 Status Active Rural Service Provider Bidding Credit Is the Applicant seeking a Rural Servire Provider (RSP) bidding credit? Reserved Spectrum Reserved Spectrum Market Market CMA562 - New York 4 - Yates Submarket 0 3.7 GHz License Type Dates Grant 01/11/2022 Effective 01/11/2022 Suildout Deadlines 1st Discontinuance Dates 1st Notification Dates 1st L�cn c,_ FRN 0003290673 Licensee Cellco Partnership 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 Contact Cellco Partnership Licensing Manager 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 Radio Service AW - AWS (1710-1755 MHz and 2110-2155 MHz) Auth Type Regular Channel Block A Associated Frequencies 001710.00000000-001720.00000000 (MHz) 002110.000000D0-002120.00000000 3.7 GHz Linked License Expiration 11/29/2036 Cancellation 2nd 2nd 2nd 06/27/2021 Type General Partnership P:(770)797-1070 F:(770)797-1036 E: LicensirtgCompliance@VerizonWireless.com P:(770)797-1070 F: (770) 797-10 36 E: LicensingCompliance@Verizon Wireless.corn Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership Is the applicant a foreign government or the representative of any foreign government? No Is the applicant an alien or the representative of an alien? No Is the applicant a corporation organized under the laws of any foreign government? No Is the applicant a corporation of which more than one -fifth of the capital stock is owned of record or No voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? is the applicant directly or Indirectly controlled by any other corporation of which more than one- Yes fourth of the capital stack is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? If the answer to the above question is'Yes', has the applicant received a ruling(s) under Section Yes 310(b)(4) of the Communications Act with respect to the same radio service involved in this application? Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits, Demographics Race Ethnicity Gender ULS License AWS (1710-1755 MHz and 2110-2155 MHz) License - WQGA903 - Cellco Partnership Call Sign WQGA903 Status Active Rural Service Provider Bidding Credit Is the Applicant seeking a Rural Service Provider (RSP) bidding credit? Reserved Spectrum Reserved Spectrum Market Market BEA006 - Syracuse, NY -PA Submarket 5 3.7 GHz License Type Dates Grant 12/21/2021 Effective 12/21/2021 Buiidout Deadlines 1st Discontinuance Dates 1st Notification Dates 1st FRN 0003290673 Licensee Cellco Partnership 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 Contact Cellco Partnership Licensing Manager 5055 North Paint Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 0." ;- ; thrp ind qua1t1cat10ns Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Race Ethnicity Radio Service AW - AWS (1710-1755 MHz and 2110-2155 MHz) Auth Type Regular Channel Block B Associated Frequencies 001720.00000000-001730.00000000 (MHz) 002120.00000000-002130.00000000 3.7 GHz Linked License Expiration 11/29/2036 Cancellation 2nd 2nd 2nd 08/30/2021 Type General Partnership P:(770)797-1070 F:(770)797-1036 E:LicensingCompliance@Ver!zDnW!reless.com P:(770)797-1070 F:(770)797-1036 E : Licensi ngCompliance@ Verizon W ir,e less, corn Gender Yes Page 1 of 1 ULS License Cellular License - KNKQ423 - Bell Atlantic Mobile Systems of Allentown, Inc. Call Sign KNKQ423 Radio Service CL - Cellular Status Active Auth Type Regular Market Market CMA562 - New York 4 - Yates Channel Block Submarket 0 Phase Dates Grant 08/26/2014 Expiration Effective 12/09/2016 Cancellation Five Year Buildout Date 08/02/2000 Control Points 1 500 W. Dove Rd, TARRANT, southlake, TX P:(800)264-6620 10/01/2024 FRN 0003301512 Type Corporation Licensee Bell Atlantic Mobile Systems of Allentown, Inc. P:(770)797-1070 5055 North Point Pkwy, NP2NE Network Engineering F:(770)797-1036 Alpharetta, GA 30022 E:LicensingCompliance@VerizonWireless.com ATTN Regulatory Contact Verizon Wireless P:(770)797-1070 Liensing Manager F:(202)289-6781 5055 North Point Pkwy, NP2NE Network Engineering E:LicensingCompliance@VerizonWireless.com Alpharetta, GA 30022 ATTN Regulatory Radlo Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Race Ethnicity Gender 5/12/2017 Page 1 of 1 ULS License PCS Broadband License - WQRL213 - Cellco Partnership ® This license has pending applications. 0007471941, 0007298013, 0006830600, 0006318836 Call Sign WQRL213 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market BTA208 - Ithaca, NY Channel Block C1 Submarket 0 Associated 001902.50000000-001910.00000000 Frequencies (MHz) 001982,50000000-001990.00000000 Dates Grant 06/10/2013 Expiration 06/10/2023 Effective 02/16/2017 Cancellation Buildout Deadlines 1st 06/10/2018 2nd Notification Dates 1st 08/26/2016 2nd FRN 0003290673 Type General Partnership Licensee Cellco Partnership P:(770)797-1070 5055 North Point Pkwy, NP2NE Network Engineering F:(678)259-1319 Alpharetta, GA 30022 E:licensingcompliance@verizonwireless.com ATTN Regulatory Contact Verizon Wireless Licensing Manager 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 ATTN Regulatory Radio Service Type Mobile P:(770)797-1070 F:(678)259-1319 E:LicensingCompliance@VerizonWireless.com Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Race Ethnicity Gender 5/12/2017 Page 1 of l ULS License PCS Broadband License - KNLF918 - Bell Atlantic Mobile Systems of Allentown, Inc. Call Sign KNLF918 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market BTA208 - Ithaca, NY Channei Block D Submarket 0 Associated 001865.00000000-001870.00000000 Frequencies (MHz) 001945.00000000-001950.00000000 Dates Grant 03/31/2017 Expiration 04/28/2027 Effective 03/31/2017 Cancellation Buildout Deadlines 1st 04/28/2002 2nd Notification Dates 1st 04/19/2002 2nd FRN 0003301512 Licensee Bell Atlantic Mobile Systems of Allentown, Inc. 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 ATTN Regulatory Contact Verizon Wireless Liensing Manager 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 ATTN Regulatory Ownership and Qualification Type Corporation P:(770)797-1070 F:(770)797-1036 E:LicensingCompliance@VerizonWireiess,com P:(770)797-1070 F:(202)289-6781 E:LicensirgCompliance@VerizonWireless.com Regulatory Status Common Carrier Interconnected Yes ,Mien ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Race Ethnicity Gender 5/12/2017 ULS License - 700 MHz Upper Band (Block C) License - WQJQ689 - Cellco Partnership Page 1 of 1 ULS License 700 MHz Upper Band (Block C) License - WQJQ689 - Cellco Partnership ® This license has pending applications. 0008657811 Cali Sign WQJQ689 Radio Service WU - 700 MHz Upper Band (Block C) Status Active Auth Type Regular Rural Service Provider Bidding Credit Is the Applicant seeking a Rural Service Provider (RSP) bidding credit? Reserved Spectrum Reserved Spectrum Market Market REA001 - Northeast Submarket 0 Dates Grant 09/11/2019 Effective 09/11/2019 Buildout Deadlines 1st 06/13/2013 Notification Dates 1st 06/20/2013 Licensee FRN 0003290673 Licensee Cellco Partnership 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 ATTN Regulatory Contact Verizon Wireless Licensing Manager 5055 North Point Pkwy, NP2NE Network Engineering Alpharetta, GA 30022 ATTN Regulatory Ownership and qualifications Channel Block C Associated 000746.00000000-000757.00000000 Frequencies (MHz) 000776.00000000-000787.00000000 Expiration 06/13/2029 Cancellation 2nd 06/13/2019 2nd 06/17/2019 Type General Partnership P:(770)797-1070 E:LicensingCompliance@VerizonWireless.com P:(770)797-1070 E: LicensingCompliance@Ve rizon W ireless. com Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Demographics Race Ethnicity Gender Yes https:flwireless2.fcc.govlUlsApp/UIsSearch/license.jsp?licKey=3060316&printable 9/30/2019