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HomeMy WebLinkAboutMN-SPCC-2021-09-22COMMON COUNCIL Voting Record SPECIAL MEETING OF COUNCIL Date: Wednesday September 22, 2021 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: 11:00pm YouTube Link: Part 1 https://www.youtube.com/watch?v=8ok7LVEM- CE&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=45 Part 2 https://www.youtube.com/watch?v=dS3Bl4r45- c&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=44 Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused Acting Mayor- Deborah Mohlenhoff X 1st Ward – Cynthia Brock X 1st Ward – George McGonigal X 2nd Ward – Joseph (Seph) Murtagh X 2nd Ward - Ducson Nguyen X 3rd Ward – Donna Fleming X 3rd Ward – Rob Gearhart X 4th Ward – Graham Kerslick X 4th Ward – Vacant 5th Ward – Debroah Mohlenhoff X 5th Ward – Laura Lewis X Total voting members for this meeting 9 Call To Order YouTube Timestamp: 0:29 Mayor Svante Myrick recused due to possible conflict of interest; family member employed with a Telecommunications Company. Agenda Item 1.1 Additions to or Deletions from the Agenda YouTube Timestamp: 1:13 Discussion Summary: Review of the procedural order for Special Meeting by Deb Mohlenhoff. Reminder there will be a City Administration Committee Meeting Special Order of Business Agenda Item 2.1 Public Hearing to Discuss Amendments to the City Code Relating to Communications Technology YouTube Timestamp: 4:00 Motion to Open Public Hearing Moved By: Alderperson Fleming Seconded By: Alderperson Kerslick Discussion Summary: Turned over to City Clerk to facilitate process. Meeting is in Webinar Format. A few members of the public signed up and gave their comment time Marie Molnar and Andrew Molnar to speak on their behalf, giving each Molnar 7 minutes to speak. Vote Pass: 9-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Public Comments (Timestamp: 4:20) The following people addressed Council: Marie Molnar will be representing Sheila Out, Jennifer Heatley, Jeff Zorn, and Matty Termatto. Jamie Love, Irina Perez, Andrew Molnar will be representing Mike Ellis, Sherrie Ellis, Carl Gibson, and Fazzely Buchell, Laurie Labonte, Desiree Quinones, April Peress, Michelle Pioti, Vanessa Wood, Jerone Gagliano, Molly Kornblum, Lisa Bertuzzi, Wendy Ives, David Gallahan, Isa Piper, Britton Dougherty, Lydia Garrison, Joe Damiano, Adam Monzella, Natasha Keller, Jackie Budowsky, Neil Golder Motion to Close Public Hearing YouTube Timestamp: 1:21:58 Motioned By: Alderperson Fleming Seconded By: Alderperson Lewis Vote Pass: 9-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Motion to Enter Executive Session to Discuss Possible Litigation (Not listed as an Agenda Item) YouTube Timestamp: 1:24:01 Discussion Summary: No Vote Moved By: Alderperson Lewis Seconded By: Alderperson Fleming Vote Pass: 9-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Returned from Executive Session YouTube Link: Part 2 https://www.youtube.com/watch?v=dS3Bl4r45- c&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=44 YouTube Timestamp: 0:14 Discussion Summary: Council reconvened into regular session with no formal action. Before moving the Resolutions discussions opened with clarification on meeting. Meeting Agenda was mistitled by City Clerk as Committee of The Whole. This is a Special Meeting of the Common Council. Acting Mayor Deb Mohlenhoff clarified this is a special convening of Full Common Council. Per City Attorney Lavine, Council may move forward as is on the Ordinance. Joanne suggested looking at the Lead Agency First before looking at the Ordinance. Graham brought attention to additional changes needing to be made and would like clarification on the process. JoAnn Cornish here to talk about the Mapping, different setbacks, and different distances. 2.1 A - Amendments to City of Ithaca Code; Article II, Chapter 152, Section 152-37, “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communication Technology”, Section 3, Section 170-5, “Authority to grant approval for use of City property; no entitlement to approval” and Section 4, Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning – Declaration of Lead Agency YouTube Timestamp: 36:13 Moved By: Alderperson Lewis Seconded By: Alderperson Kerslick Vote Pass: 9-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X 2.1 B - Amendments to City of Ithaca Code; Article II, Chapter 152, Section 152-37, “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communication Technology”, Section 3, Section 170-5, “Authority to grant approval for use of City property; no entitlement to approval” and Section 4, Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning – Negative Declaration YouTube Timestamp: 1:58:56 Moved by: Alderperson Mohlenhoff Seconded by Alderperson Kerslick Discussion Summary: Council is voting on Negative Declaration and then expect to see come up in the council package is some potential modifications to some of the language; modifying the supporting narrative as to why it’s a negative declaration. Vote Pass: 8-1 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X 2.2 (C) An Ordinance to Amend Chapter 152 of the City of Ithaca Municipal Code Entitled “Communications Technology” YouTube Timestamp: 39:22 Moved By: Alderperson Fleming Seconded By: Alderperson Kerslick Discussion Summary: Alderperson Kerslick Proposed Amendment to change 500ft to 1500ft permissible spacing in between Installations allowing for co-location. Amendment to change 500ft to 1500ft permissible spacing in between Installations allowing for co-location. YouTube Timestamp: 1:01:34 Motioned by Alderperson Kerslick Seconded by: Alderperson McGonigal Discussion Summary: George Agrees with Graham’s amendment. Mohlenhoff breaks down the segments to tackle one segment at a time; There are 3 Segments- Between Installations, Residential Spacing and Schools/Gathering Places, ect, there is no language. Ducson expressed concerns with restrictions that would inhibit future innovation and will be voting against this and similar amendments. Vote Pass: 6-3 (Timestamp: 1:25:51) Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Motion to Extend Meeting 1 hour (Timestamp: 1:12:25.) Moved by: Alderperson Nguyen Seconded by: Alderperson Kerslick Discussion Summary: Vote on Amendment paused to discuss CA Committee Meeting. Vote Pass: 9-0 (Timestamp 1:14:42) Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Motion to Move CA Agenda Voting Items to be Considered at Common Council Meeting YouTube Time Stamp: 1:15:05 Motioned By: Alderperson Nguyen Seconded By: Alderperson Kerslick Discussion: Mohlenhoff asks what the Rules of Procedure are to moving CA Committee items to Council Agenda without going to Committee. Per City Attorney Lavine, items can appear on Council Agenda w/o having a Committee Vote but would need a Member Filed. City Clerk suggested a unanimous vote to move CA items to CC w/o discussion and place items under CA Committee. City Attorney Lavine clarified motion is effectively moving entire CA agenda as if it is approved, on to council. Vote Pass: 9-0 Carried Unanimously Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Amendment to Change Setback from 50ft to 1500ft from Residence and Schools under the definition in the code Primary and Secondary Schools and Daycare Facilities. YouTube Timestamp: 1:26:47 Motion By: Alderperson Brock Seconded By: Alderperson McGonigal Discussion Summary: Laura asked to consider it Friendly to add daycare facilities. Vote Fail: 2-7 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Motion to change 50ft to 250ft adding in language for primary and secondary schools and daycare facilities. YouTube Timestamp: 1:33:37 Motioned By: Alderperson McGonigal Seconded By: Alderperson Kerslick Discussion Summary: Alderperson McGonigal motioned to amend amendment language adding “for primary and secondary schools and daycare facilities” Vote Pass: 6-3 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Vote on Ordinance as Amended (Agenda Item 2.2c) YouTube Timestamp: 1:58:31 Discussion: Council who made amendments will send notes and changes to JoAnn to make sure changes were captured correctly. Vote Pass: 7-2 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X 3. Meeting Wrap Up YouTube Timestamp: 2:04:15 Discussion Summary: Discuss City Manager Legislation changes at next week's Special Meeting with Capital Projects. Memo and documentation will come out with agenda. For clarification City Attorney Lavine asked for clarification if committee will be meeting as COW with the potential to vote legislation on to a future Council Meeting. Wanted Council to understand, City Manager Legislation is a local law subject to aging requirements. 3.1 Motion To Adjourn YouTube Timestamp: 2:06:49 Moved By Alderperson Kerslick Seconded By: Alderperson McGonigal Vote Pass- 9-0 Carried Unanimously 2.1 A Public Hearing to Discuss Amendments to the City Code Relating to Communications Technology Resolution to Open the Public Hearing By Alderperson: Fleming Seconded by Alderperson: Kerslick RESOLVED, That the Public Hearing to discuss Amendments to the City of Ithaca Municipal Code relating to communications technology be declared open. Carried Unanimously Resolution to Close the Public Hearing By Alderperson: Fleming Seconded by Alderperson: Lewis RESOLVED, That the Public Hearing to discuss Amendments to the City of Ithaca Municipal Code relating to communications technology be declared closed. Carried Unanimously A Motion to Enter into Executive Session to Discuss Potential Litigation By Alderperson Lewis Seconded By Alderperson: Fleming Carried Unanimously 2.1 A - Amendments to City of Ithaca Code; Article II, Chapter 152, Section 152-37, “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communication Technology”, Section 3, Section 170-5, “Authority to grant approval for use of City property; no entitlement to approval” and Section 4, Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning – Declaration of Lead Agency By Alderperson Mohlenhoff Seconded by Alderperson Kerslick WHEREAS, 6 NYCRR, Part 617, of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review require a Lead Agency be established for conducting Environmental Review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local Environmental Review, the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the City of Ithaca Common Council has one pending action for the Amendments to City of Ithaca Code; Article II, Chapter 152, Section 152-37, “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communication Technology”, Section 3, Section 170-5, “Authority to grant approval for use of City property; no entitlement to approval” and Section 4, Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning, and WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”), §176-4 B. (1) (h) (4), and (7) and the State Environmental Quality Review Act (“SEQRA”), §617.4 (b)(9) and (10), and is subject to Environmental Review, now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the Environmental Review for the Amendments to City of Ithaca Code; Article II, Chapter 152, Section 152-37, “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communication Technology”, Section 3, Section 170-5, “Authority to grant approval for use of City property; no entitlement to approval” and Section 4, Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning. Carried Unanimously 2.1 B - Amendments to City of Ithaca Code; Article II, Chapter 152, Section 152-37, “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communication Technology”, Section 3, Section 170-5, “Authority to grant approval for use of City property; no entitlement to approval” and Section 4, Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning – Negative Declaration Alderperson Mohlenhoff: Seconded by Alderperson WHEREAS, the City of Ithaca Common Council has one pending action for the Amendments to City of Ithaca Code; Article II, Chapter 152, Section 152-37, “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communication Technology”, Section 3, Section 170-5, “Authority to grant approval for use of City property; no entitlement to approval” and Section 4, Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning, and WHEREAS, on May 6, 2020, the Common Council of the City of Ithaca adopted a Master License Agreement for the installation of small cell facilities, infrastructure, and/or equipment to support small cell wireless technology (4G and 5G). As part of that adoption was compliance with design guidelines, which were included with the Master License Agreement and incorporated into the legislation, and WHEREAS, at the July 28th, 2021, meeting of the City Administration Committee of Common Council, members directed staff to circulate the draft amendment to the City of Ithaca Code, Chapter 325, Article VA, Telecommunications Facilities and Services. The amendments specifically address installation of small cell wireless technologies, (4G and 5G antennae installations), and WHEREAS, this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”), §176-4 B. (1) (h) (4), and (7) and the State Environmental Quality Review Act (“SEQRA”), §617.4 (b)(9) and (10), and is subject to Environmental Review, and WHEREAS, this Common Council did, on October 6, 2021, declare itself Lead Agency in Environmental Review for the proposed action, and WHEREAS, this Common Council, being the local agency, which has primary responsibility for approving and carrying out this action, did on October 6, 2021, review and accept as adequate: a Full Environmental Assessment Form (FEAF), Parts 1, 2 and 3, prepared by Planning staff, now, therefore, be it RESOLVED, That the City of Ithaca Common Council determines that the proposed action will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Carried 8-1 (Brock) 2.1 C – An Ordinance to Amend Chapter 152 of the City of Ithaca Municipal Code Entitled “Communications Technology” By Alderperson Mohlenhoff: Seconded by Alderperson WHEREAS, the City’s existing Code provisions were implemented in 2002, and do not take into account installations of current wireless technologies like small cell 4G and 5G antennae installations; and WHEREAS, the City recognizes that access to 4G and 5G will enhance City residents’ access to advanced technologies wirelessly and ability to conduct business; and WHEREAS, the City wishes to preserve its zoning authority in accordance with 47 U.S.C 332(c)(7); and WHEREAS, the purpose of these amendments is to balance the simultaneous objectives of enabling wireless carriers to provide personal wireless services within the City while protecting the City’s zoning authority and concerns in minimizing the number of facilities used to provide such coverage, avoid unnecessary, redundant wireless infrastructure, and avoiding to the greatest extent possible, any unnecessary adverse impacts upon residential homes and residential communities; now therefore be it Ordinance No. 2021-__ BE IT ORDAINED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1. The City’s Telecommunication ordinance was implemented in 2002 and has not been significantly updated to account for new and emerging, smaller technologies. 2. Such smaller telecommunication facilities pose different and unique concerns for zoning purposes and use of the public right of way. 3. These amendments are intended to update the City Code to reflect the City’s interests in zoning and placement on City land. Based upon the above findings, the intent and purpose of this ordinance is to amend the City Code to account for a variety of telecommunication installations within the City and preserve the City’s authority in zoning and use of City property or right of way for all telecommunication installations within the City. Section 2. Amend to Section 152-37 “Design and construction provisions” within Article II “Telecommunications” of City Code Chapter 152 “Communications Technology” as follows: § 152-37 Design and construction provisions. This part shall be applicable to the telecommunications systems in the public right-of-way and providers franchised hereunder and to cable television systems, open video systems, and cable service providers franchised under the Ithaca Cable Television Regulatory Ordinance, Chapter 152, § 152-1 et seq., as amended, or telecommunications systems as may be licensed pursuant to Chapter 170 “Use of City Real Property.” A. Permits, conduit, pole use and approvals. … (7) Approval for poles. (a) No poles shall be erected by the grantee in the public right-of-way without prior written approval of the City with regard to location, height, types, and any other pertinent aspect. In areas where utilities are placed aerially, the grantee shall use existing poles unless the City permit authorizes the grantee to install new poles. In areas where utilities are placed underground, the grantee may not be permitted to install new poles unless the Board of Zoning Appeals approves of such installation in accordance with the review process set forth in Article VA entitled “Telecommunications Facilities and Services,” within Chapter 325 “Zoning” of the City Code, and as subject to the City’s present or future public works, fire, and/or safety concerns and comments. (b) Where poles already exist in the public right-of-way and are available for use by the grantee, but grantee does not make arrangements for such use, the City may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable. If a small cell attachment is proposed for an existing utility pole with an existing street light attachment, the small cell equipment shall be installed such that the streetlight will remain in the same location and height and installed such that the small cell equipment will not obstruct proper lighting of the area. (c) Where a public utility or other provider serving the City desires to make use of the poles or other wire-holding structures of the grantee located in the public right-of-way but agreement thereof with the grantee cannot be reached, the City may require the grantee to permit such use for such consideration and upon payment of the prevailing public utility rates for make-ready and pole attachment rental if the City determines that the use would enhance the public convenience and would not unduly interfere with the grantee's operation. (d) For new or replacement poles, the following spacing standards shall apply: Object Minimum Spacing Curb 2.5 ft. to face of curb Mainline Sidewalk 1.5 ft. Bike Paths 5 ft. Pavement Edge (unimproved streets) 4 ft. Residential Driveway 6 ft. Commercial Driveway 10 ft. Streetlight 10 ft. Traffic Signal 25 ft. unless on traffic signal pole Utility Pole 25 ft. (with collocation favored) Street Tree 15 ft. Fire Hydrant 6 ft. Bike Rack 10 ft. Bus Stop 8 ft. (see note 5) Notes: 1. Minimum spacing is to nearest face of pole. 2. If an existing pole that violates any of these standards is being replaced, it may remain in the same location, but it may not be placed any closer to any object than existing condition. 3. In certain circumstances, City Engineering may request further spacing than what is noted; the intent of which is not to prohibit installations, but better accommodation of existing or future features. Examples - driveways with heavy truck use, more sensitive street trees, streets with right-of-way reservations or planned sidewalk installation, etc. 4. To the maximum extent feasible, applications must adhere to the minimum spacing guidelines. 5. The design of bus stops vary throughout the City and each location is unique. Poles must be placed such that they do not interfere with bus operations and accessible loading/unloading passengers in and around bus stop zones. 6. Nothing in this table is to be construed to override any existing zoning requirements as may be applicable and set forth in Chapter 325. (8) Joint use agreements. In order to minimize the number of facilities in the public right-of- way, the grantee shall seek to conclude joint use agreements with utilities and other owners of facilities on the public right-of-way so as to utilize existing poles, conduits, and other facilities whenever possible. No location of conduit or wiring-holding structure of the grantee's shall be a vested interest. Joint use of poles shall be in accordance with New York State statutes and the City of Ithaca Code. To the extent a facility or support structure owned by a party other than the City is destroyed, removed, relocated, or replaced, the owner of the collocated facility must obtain a new right-of-way use permit; or the replacement facility or support structure accommodating the collocation must be comparable in size, mass, appearance, and placement, as determined by the City Engineer. … B. Use of public rights-of-way. (4) Interference with persons, improvements, public and private property, and utilities. The grantee's facilities, including poles, lines, equipment, and all appurtenances, shall be located, erected, and maintained so that such facilities shall: (a) Not endanger or interfere with the health, safety or lives of persons. Specifically, but without limitation, complying with the following: i. Facilities and support structures must be located so as not to create a vision hazard at intersections or driveways. Equipment near these areas must be placed below 2.5 ft or above 15 ft. ii. Equipment mounted to support structures must not interfere with or create a hazard to pedestrian or vehicular traffic and must be a minimum of 12 feet above any pedestrian or bicycle thoroughfare and a minimum of 16 feet above any traffic lane. Metering equipment may be placed at ground level provided that the location does not violate any of the spacing standards established for pole placement. iii. The height of a support structure, tower, or utility pole in the right-of-way shall be no more than 10% higher of any adjacent pole up to a maximum height of 50 feet. Telecommunication System installations shall not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater. (b) Not interfere with any public utilities or improvements the City or state may deem proper to make. To the extent possible, a facility, support structure or utility pole should be located and designed so as to avoid interference with right-of-way maintenance activities, such as: (i) Grass mowing, brush collection, tree trimming, and landscaping maintenance; (ii) Trash collection; (iii) Maintenance of streets, pavement, sidewalks, and bicycle lanes; and (iv) Maintenance of other facilities in the rights-of-way such as poles, hydrants, bike racks, control cabinets, etc. (c) Not interfere with the free and proper use of the public right-of-way, public easements, or public property, except to the minimum extent possible during actual construction or repair. All equipment and support structures are to be installed such that they do not obstruct, impede, or hinder vehicular, pedestrian or bicycle travel, including any facilities necessary to meet Americans with Disabilities Act of 1990 along with any updates to the ADA guidelines. A clear pedestrian path shall be maintained at all locations, and the minimum width of the path may vary and will be determined by City Engineering with each application. (5) Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily remove, raise, or lower its wire in the public right-of-way to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 15 working days' advance notice to arrange for such temporary wire changes. (6) Use of and compensation for City property. If the right is granted, by lease, license, or other manner, to use and occupy public property, in addition to the public right-of-way, for the installation of telecommunications or cable facilities, the terms and conditions of such use and the compensation to be paid or provided by grantee shall be fixed by the City and may differ from the provisions of this article or the franchise. Such terms and conditions shall include those set forth in Chapter 170 “Use of City Real Property.” (7) Employee identification. Grantee shall provide a standard identification document to those of its employees and the employees of its contractors and subcontractors that will be in contact with the public. Such documents shall include a telephone number that can be used to verify that the person is an employee of grantee or its contractor or subcontractor. In addition, grantee shall use its best efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of the grantee. (8) Tree removal and trimming. Subject to the prior approval of the Superintendent of Public Works, grantee shall have the authority, provided it abides by any local laws, ordinances, or regulations, to trim any trees upon or overhanging the public right-of-way of the City to prevent the branches of such trees from coming in contact with the wires or cables of grantee, except that at the option of the City, such tree trimming may be done by it, or under its supervision and direction, at the reasonable expense and cost of grantee. Prior to any tree trimming, grantee shall obtain a tree-trimming permit which shall describe in detail the area in which tree trimming will take place. All tree trimming shall be in accordance with the ANSI A-300 Tree Care Performance Standards and shall be performed under the supervision of a certified arborist although a certified arborist is not required to be on site. All cleanup shall be to the reasonable satisfaction of the City. Tree “topping” or improper pruning of trees within the right-of-way is prohibited. The City reserves the right to impose additional reasonable conditions to all tree-trimming work, provided that the City imposes any such additional requirements on any and all persons, governmental and nongovernmental entities that are involved in telecommunications or tree-trimming activities in the City. All said tree trimming performed by grantee or by the City or under grantee's supervision or direction shall be accomplished in the least intrusive manner and in a manner that is designed by grantee to be aesthetically pleasing. City street trees may not be removed for the purposes of installing any Telecommunication System. The City will also preserve locations where a street tree may be planted. To the extent a Telecommunication System installation will impact a City tree, the applicant must secure a tree permit from the City Forester as part of the street permit authorization. Section 3. Amendments to City Code Section § 170-5 “Authority to grant approval for use of City property; no entitlement to approval” to add the following subsection (I): I. The authority to grant approval for a license exceeding one-year for any telecommunication use of City property or right of way as described in the telecommunications articles of City Code, namely Article II of Chapter 152 and Article VA of 325, shall be vested with Common Council. Prior to review by the Department of Public Works and Board of Zoning Appeals as described in Chapters 152 and 325, each applicant proposing to use City property for telecommunication uses must have in place a fully executed standard license agreement governing the terms and conditions of use of City property and incorporating an annual use fee for the use of City property as set by Common Council. Each license granted under this subparagraph shall be revocable in the event of a change in federal or state regulations or statutes governing telecommunications. Section 4. Amendments to Article VA “Telecommunications Facilities and Services” of City Code Chapter 325 “Zoning” (a) Add the following subparagraphs to §325-29.4(B): (7) Achieve the simultaneous objectives of enabling wireless carriers to provide personal wireless services within the City while minimizing the number of facilities used to provide such coverage, avoid unnecessary, redundant wireless infrastructure, and avoiding to the greatest extent possible, any unnecessary adverse impacts upon residential homes and residential communities. (8) Protect the interests of the public, property owners, communities, and the City, against significant adverse impacts caused by the irresponsible placement of wireless facilities, including, but not limited to, adverse aesthetic impacts, reductions in property values of properties situated adjacent to, across from, or in close proximity to, a site for a proposed wireless facility, the potential dangers associated within structural failures, fire, icefall and debris fall from wireless facilities, adverse impacts upon historic resources and/or scenic views, and/or the use of properties which would be incompatible with nearby properties and thus be out-of-character with same. (b) Amend the following definitions set forth in §325-29.5 “Definitions” as follows: PERSONAL WIRELESS SERVICE FACILITY (PWSF) A facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount, including but not limited to small wireless facilities. SIGNIFICANT GAP IN COVERAGE or SIGNIFICANT COVERAGE GAP A significant coverage gap exists when a remote user of those services is unable to either connect with the land-based national telephone network, or to maintain a connection capable of supporting a reasonably uninterrupted communication. A significant coverage gap exists customers cannot receive and send signals, and when customers pass through a coverage gap their calls are disconnected. An applicant’s claim that it needs the proposed tower for “future capacity” or to “improve coverage” is not sufficient to establish that it suffers from a significant gap in service coverage. SMALL WIRELESS FACILITY A facility that meets the definition of 47 CFR 1.1312(e)(2). Facilities that meet this definition are typically low-powered antennas and related equipment providing cellular and data coverage to smaller geographic areas, supplementing the larger cellular network, and improving service for wireless customers. This term is used interchangeably with Small Cell Infrastructure, Equipment or Facilities, and Small Wireless Equipment. SPECIAL INTEREST AREAS Areas within the City that have stricter aesthetic standards. These include the following: 1) Primary and Secondary Commons as defined in Section 346-1 of the City of Ithaca Municipal Code; 2) Locally Designated Historic Districts; 3) Recreational Areas, Parks, Natural Areas, and trails, specifically including, but not limited to: a. Cascadilla Creek and associated trails from Linn Street to College Avenue b. Cayuga Waterfront Trail c. Cass Park d. Fuertes Bird Sanctuary e. Ithaca Falls f. Newman Golf Course g. Stewart Park; and 4) Undergrounding Districts as defined in this section. UNDERGROUNDING DISTRICT Areas of the City that historically had overhead utility lines but have now been undergrounded by either coordination with developments, by use of City funds, by resolution to enforce private property undergrounding of overhead services, or a combination of these means; or areas of the City in which all utility services are provided underground and the only poles in the area are either for streetlights or traffic signals. Districts presently meeting this definition include but are not limited to as more may be added in the future: 1) 100 & 200 blocks of Dryden Road; 2) College Avenue running between Stone Bridge to Mitchell Street; 3) West State Street running between the Commons to Meadow Street. (c) Amend § 325-29.6 “Purpose and intent; applicability” as follows: A. Purpose and intent. The purpose and intent of this article is to establish standards for the location, siting, and design of PWSF's, including those installed within right of way, other public lands, or on private buildings, homes, or lands and the goals of this article are to: (1) Allow for alternative types of PWSF's in any location subject to standards. (2) Encourage the use of existing structures, including but not limited to rooftops and utility poles, for deploying PWSF's. (3) Expedite the review process for those applications choosing the least intrusive alternative of deploying PWSF's. (4) Encourage users of guyed and lattice towers, monopoles, and antennas to locate, site and design them in a way that minimizes the adverse visual impact of the lattice or guyed towers, monopoles, and antennas. (5) Enhance the ability of the providers of personal wireless services to provide such services to the community quickly, effectively, and efficiently. (6) Promote PWSFs' compatibility with surrounding land uses, and protect the attractiveness, health, safety, general welfare, and property values of the community. (7) Enable wireless carriers to provide personal wireless services within the City while minimizing the number of facilities used to provide such coverage, avoid unnecessary, redundant wireless infrastructure, and avoiding to the greatest extent possible, any unnecessary adverse impacts upon residential homes and residential communities. B. Preexisting personal wireless service facilities. (1) Permits and renewals. (a) A PWSF for which a building permit has been issued prior to the effective date of this article shall be deemed a permitted use, subject to the conditions of that permit. When an unpermitted PWSF is identified by the City of Ithaca to be attached to a mount approved for another use or PWSF, a separate permit must be applied for it, even when: [1] Sharing a legal mount; [2] Already in operation; and [3] Duly licensed by the Federal Communications Commission. (b) The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. PWSF upgrade or replacements for preexisting permitted PWSF shall require a new permit in accordance with the provisions of this article unless the replacement is a complete in-kind replacement of the PWSF, or any portion thereof, as originally permitted. Unpermitted PWSF's will be considered out of compliance with this article. (2) Placement of any attached array, microcell, small wireless facility, or any other portions of a PWSF on an existing structure, whether legally nonconforming or in, as well as out of, compliance, shall require a permit to be obtained for the PWSF under the terms of this article. (3) Any carrier with at least one preexisting PWSF in the City of Ithaca that is out of compliance with the City of Ithaca building or zoning requirements shall not be eligible for any new approvals of personal wireless service facilities by the City until the preexisting PWSF or PWSF's are brought into compliance with this article. C. Exclusions for amateur radio facilities. This article shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for noncommercial, receive-only antennas. D. Unpermitted facilities, mounts, or equipment ineligible for collocation. (1) No permit shall be issued under this article for a request to collocate, attach or share an existing PWSF site, mount, or facility when such existing site, mount or facility is found to have one or more PWSF's without permits and/or any structure, mount or facility is found to lack one or more building permits, electrical permits or any other permits required by the City of Ithaca. (2) Any application by a wireless carrier or other entity shall not be approved by the City of Ithaca if that wireless carrier has a preexisting PWSF on, or the other entity owns, a mount, rooftop, or tower, on which there is any unpermitted PWSF until that PWSF is brought into compliance with this article. E. Relationship to other laws. This article shall supersede conflicting requirements contained in any other provision of the City of Ithaca Code. F. Due to the limited visual impact of underground or cable based broadband installations, such installations are not governed by the zoning requirements of this Article. (d) Amend §325-29.7 “Land use and PWSF classifications” as follows: A. No PWSF shall be permitted except in accordance with the provisions of this article of the City of Ithaca Zoning Ordinance. B. All PWSF's shall be classified as follows: (1) Tier One. This tier is limited to applications that: (a) Place PWSF's on existing utility poles (telephone poles, utility distribution poles, streetlights, and traffic signal stanchions); or (b) Place PWSF's on new utility poles when the carrier specifies a utility pole that meets the City of Ithaca specifications for utility poles; and (c) Meet all location standards, siting standards, design standards and safety standards in this article. In the event that any of the standards in the article are in conflict for a particular application, one or the other conflicting standard shall be met. The decision of which standard shall be met shall be subject to the approval of the City of Ithaca. (d) Tier One applications meeting all criteria, with proof of required notice specified in Section 325-29.15 specified herein may be approved by the Planning Director. At any time in the application if the Director of Planning determines a proposal may cause public controversy, the Director of Planning and Development may classify the application as Tier Two or Three and refer the proposal to the Board of Zoning Appeals for full review. (2) Tier Two. This tier is limited to applications that: (a) Do not qualify for Tier One status; and (b) Propose to place PWSF's on or in buildings or propose to conceal PWSF's in natural or man-made features approved by the City of Ithaca Planning and Development Board; and (c) Meet all location standards, design standards and safety standards in this article. In the event that any of the standards in the article are in conflict for a particular application, one or the other conflicting standard shall be met. The decision of which standard shall be met shall be subject to the approval of the City of Ithaca. (3) Tier Three. This tier is limited to applications that: (a) Do not qualify as either Tier One or Tier Two status; and (b) Require the erection, establishment, siting, location, construction, modification or development of a guyed tower, monopole, lattice tower or similar structure as determined by the City of Ithaca; and (c) Meet all location standards, design standards and safety standards in this article. In the event that any of the standards in the article are in conflict for a particular application, one or the other conflicting standard shall be met. The decision of which standard shall be met shall be subject to the approval of the City of Ithaca. C. All Tier Two and Three PWSF installations require final approval of the Board of Zoning Appeals; Tier One applications are subject to staff approval of the zoning findings specified in this Article. All PWSF require final approval pursuant to Chapter 276, Site Plan Review, and issuance of a building permit and certificate of building compliance from the Director of Planning and Development or designee. (e) Amend § 325-29.8 “Standards” as follows: The approval of PWSF's shall be subject to meeting or exceeding the following standards: A. Location standards. (1) Opportunity sites. A PWSF shall be located at one of the following opportunity sites: (a) Utility transmission towers. (b) Public water tanks. (c) Inside or concealed around steeples or similar architectural features. (d) Rooftops. (e) Utility poles in publicly owned rights-of-way or similar public properties as identified by the City of Ithaca. PWSF installations to be installed on new (where permitted) or replacement poles shall match existing pole types on the same block to the extent feasible, meeting City specifications with regard to paint and material. Notwithstanding the foregoing, where there are impending improvements that will impact the look of existing pole types, applicant shall comply with the specifications of the impending improvements to the maximum extent they are available. (2) Order of Location Preference. If a PWSF can be sited in an adjacent higher preferred zone that can accommodate similar coverage, the applicant shall be required to install in the higher preferred zone. Listed in order of most preferred location to least preferred: 1. Industrial zone; 2. Commercial zone; 3. Mixed commercial and residential zone; 4. Residential zone. An applicant who seeks to install a PWSF at a less desirable location must establish that no higher-ranking sites is available to satisfy whatever coverage needs the respective applicant is seeking to remedy. (3) Avoidance areas. PWSF shall not be located in the following avoidance areas: (a) Flood hazard zones. (b) Historically and culturally significant resources. PWSF installations shall not be located along the front or side boundary lines of a City, New York State, or National Landmark, or any property individually listed in the National Register of Historic Places. Any Small Wireless Facility proposed to be installed within a historic district must be reviewed by the Director of Planning or the Director’s designee. If the Director of Planning or designee determines that the proposed installation will result in public controversy or the applicant appeals any decision of the Director or designee, the application will be referred to the Ithaca Landmarks Preservation Committee for a determination on a certificate of appropriateness. (c) Unique natural areas and/or critical environmental areas. (d) Parks, greenways, and natural areas. (e) Scenic or visual corridors as defined by the City and as defined in the Tompkins County Scenic Resources Inventory, January 2007, and other prominent views, such as on the Commons or views from the Cayuga Waterfront Trail, Cascadilla Creek trails, Cass Park, City Cemetery, Ithaca Falls, Stewart Park, or views within any other City Park, Natural Area, or trail. (f) Wetlands. (g) Lakeshores and waterways. (4) Guidelines Regarding Areas of Special Interest a. In any Special Interest Area, Applicants are prohibited from installing new poles or support structures for the sole purpose of mounting PWSF. All PWSF installations in Special Interest Areas must be installed on existing support structures; the foregoing does not prohibit replacement in kind of existing poles or support structures. b. In any Special Interest Area, PWSF equipment, other than the antenna, may be mounted on an existing or replacement pole or support structure, but in such situations, equipment shall be a minimum of 15 ft. above ground or must be completely concealed or placed underground. If necessary, a meter may be placed near ground level for visibility and access by the electrical provider, provided that the meter does not violate any spacing requirements. c. PWSF infrastructure that is to be collocated on an existing structure may be placed in a Special Interest Area provided that it meets the specified equipment height and pole spacing requirements, and does not block any entryways, views of the landmarked property, or any other prominent views or vistas. d. To the extent technically feasible, new PWSF installations and infrastructure must have all equipment, other than the antenna, completely concealed. This may be within the pole and base, designed with decorative transitions and without exterior attachments, or equipment may be within a decorative street amenity, which would need to be owned and maintained by the carrier. Alternatively, the PWSF equipment may be installed in an underground vault. Any wiring is to be completely concealed. These requirements are consistent with the existing streetscape and other utilities placed in this area. e. PWSF infrastructure located in unnamed alleys within a Special Interest Area shall be setback a minimum of twenty feet (20’) from the inside edge of adjoining sidewalk. (3) Interpretation of opportunity sites and avoidance areas shall be based on maps or aerial photographs provided by the City of Ithaca Department of Planning and Development and/or the applicant. (4) Personal wireless service facilities may also be permitted in areas that are not opportunity sites subject to the following siting, design and safety standards and permitted in avoidance areas subject to the following siting, design, and safety standards. For PWSF's desiring to locate in avoidance areas as set forth in Subsection A(2)(b) above (historically and culturally significant resources), the City of Ithaca Landmarks Preservation Commission must approve the application. (5) These standards apply regardless of radio frequency (RF) engineering considerations. B. Siting standards. (1) Personal wireless service facilities shall meet the following siting standards: (a) To the greatest extent possible, PWSF's shall be concealed within existing structures or where the PWSF will be camouflaged, or on inconspicuous mounts. (b) Placement within trees shall be encouraged, but no antennas shall extend higher than 10 feet above the average tree height (within 300 horizontal feet when measured along the ground). Any trimming or pruning of City trees shall be subject to approval of the City Forester as indicated in Chapter 152. (c) Placement on existing roofs or non-wireless structures shall be favored over ground mounted PWSF's. (d) Roof-mounted PWSF's shall not project more than 10 additional feet above the height of a building. If the roof mounted PWSF's project above the height limit, they may be appropriately screened. (e) Side-mounted PWSF's shall not project more than 20 inches from the face of the mounting structure. (f) Alignment –PWSF and support structures, and utility poles are to be located in alignment with existing trees, facilities, support structures, towers, utility poles, and streetlights, and are to be spaced evenly between any buildings and other prominent architectural or vertical features. (g) Frontage – New or replacement Small Wireless Facilities and support structures, and utility poles are to be located at or near the extension of property lines, whenever feasible, and are not to be located directly in front of a building entrance area such that the facility would interfere with ingress or egress. Existing support structures that do not conform to this guideline and will be replaced as part of the installation will be brought into conformity to the maximum extent feasible. (h) Permissible Spacing – No new PWSF shall be placed closer than 500 feet from the nearest PWSF (whether proposed or existing), regardless of carrier. Distance should be measured in a linear fashion between the two facilities’ center points. (2) These standards shall apply regardless of RF engineering considerations. C. Design standards. Each new or modified PWSF must be compatible in size, mass, and color to similar facilities in the immediate area, with a goal of minimizing the physical and visual impact on the area. (1) Personal wireless service facilities shall meet the following design standards: (a) Color. All PWSF's shall be painted or complemented with colors that match or complement their surroundings. (b) Size. The silhouette of the PWSF shall be reduced to the minimum visual impact. The diameter of new PWSF support structures is to be minimized such that it is sufficient only for the structural support of the existing and currently proposed attachments. For small wireless facilities, antennas shall be sized and mounted in a manner in which either the antenna(s) is on top of and in line with its supporting pole or such that the antenna(s) do not protrude excessively off of the side of the pole. Antennas that are either mounted on top of the structure or on the side of the structure shall be mounted no further than twice the distance of the diameter of the pole or within the safe install specifications of the pole owner, and overall have the equivalent dimension of no more than three times the pole diameter, at the location of mounting. (c) Personal wireless service facilities near or within view of residences shall be no closer than 50 feet from any adjacent residence and either: [1] Provide underground vaults for equipment shelters; or [2] Place equipment shelters within enclosed structures approved by the City of Ithaca and the Planning and Development Board. All small wireless facility equipment is to be shrouded. Wiring and cabling shall be neat and concealed within or flush to the support structure, ensuring concealment of these components to the greatest extent feasible. Wiring to any antennas mounted on the side of the poles shall also be concealed, which may be within a shroud providing the visual appearance of a taper between the pole and the side mounted antennas. Proposed wiring and concealment methods shall be shown on the documents submitted with the application for a small cell permit. To the extent technically feasible, the equipment is to be placed in cabinets, which shall be designed to match the shape of the pole. For example, if the pole is round, the cabinets shall be round, but may be a larger diameter than the pole. The transition between any pieces of equipment or cabinets and the upper pole shall also be considered. To the extent technically feasible, a decorative transition is to be installed over the equipment cabinet(s) to smoothly taper the cabinet back to the pole diameter. All hardware connections shall be hidden from view to the extent feasible. No horizontal flat spaces greater than 1.5 inches shall exist on the equipment cabinet to prevent cups, trash, and other objects from being placed on the equipment cabinet. Each pole component shall be architecturally compatible to create a cohesive aesthetic. (d) Equipment. The following types of equipment shall be discouraged: [1] Roof-mounted monopoles, lattice towers or guyed towers. [2] Ground-mounted lattice towers. [3] Ground-mounted guyed towers. [4] New support structures in any Undergrounding District. (f) Amend § 325-29.9 “Fall zone and setback requirements for Tier Three PWSF's” as follows: § 325-29.9 Fall zone and setback requirements for PWSF's. I. The support structure of a proposed small cell wireless facility shall have a fall zone of no less than 110% of the height of the support structure to minimize the possibility of damage or injury resulting from facility or pole collapse or failure, ice fall or debris fall, and to avoid or minimize all other impacts upon adjoining properties. Any small cell wireless facility shall be 50 feet or more from any residence and 500 feet or more from any other small cell wireless facility proposed or installed. II. Tier Three applications shall meet the following standards: A. Fall zone. (1) No habitable structure or outdoor area where people congregate shall be within a fall zone of 120% of the height of the PWSF or its mount. (2) No adjoining property line shall be within the fall zone of a radius equal to the height of the PWSF. B. Setback. (1) All PWSF's, including mounts and equipment shelters, shall comply with the minimum setback requirements of the applicable zoning district as set forth in the City of Ithaca Zoning Ordinance. (2) The antenna array for an attached PWSF, with the exception of a side mounted PWSF, is exempt from the setback requirements of this article and from the setback for the zoning district in which it is located, provided that no such antenna array shall project more than five feet horizontally from the attachment structure at the point of attachment. (3) No portion of any PWSF shall project into a required setback more than the maximum projection permitted in the zoning district in which the facilities are located, except as otherwise provided in this article. (4) On parcels with a principal building housing a principal use, all components of the PWSF shall be located behind the building line. (g) Amend § 325-29.10 “Submittal requirements” as follows: An applicant shall submit the following information as part of an application for a PWSF, which shall be submitted with the applicant verifying under penalties of perjury the truth of the representations made therein: A. Application information. (1) Name, address and telephone number of applicant and all applicants as well as any agents for the applicant or co-applicants. (a) Co-applicants shall include the landowner(s) of the subject property, licensed carrier(s), and tenant(s) for the PWSF. (b) Either an applicant or a co-applicant must be a licensed carrier. (2) The applicant shall provide a copy of the lease (or license as specified in Chapter 170 in the case of an installation on City property or within the City’s right of way) between the applicant and co-applicant(s) and shall provide a description which shall include the following: (a) Whether the landowner can enter into leases with other carriers for collocation and that the landowner is aware that any future collocation will be subject to a new application. (b) How the landowner will remove the PWSF in the event that the licensed carrier fails to remove it upon abandonment. (3) Original signatures for the applicant and all co-applicants applying for a building permit and/or site plan review; if the applicant or co-applicant will be represented by an agent, original signature of applicant and/or co-applicant authorizing the agent to represent the applicant and/or co-applicant. Photo reproductions of signatures will not be accepted. B. Location information. The following information is required for all applications: (1) Identification of the subject property by including the name of the nearest road or roads, and street address, if any. (2) Tax parcel number of subject property. (3) Zoning district designation for the subject parcel and for all parcels within 1,000 feet of the property lines of the subject parcel. (4) A line map to scale showing the subject property and all properties within 1,000 feet and the location of all buildings, including accessory structures, on all properties shown. (5) A City-wide map showing the other existing PWSF's in the City and outside the City within one mile of its corporate limits indicating coverage areas and gaps of the PWSFs shown on the map. (6) The specific locations for this carrier of all existing and future PWSF's indicating coverage areas and gaps of the PWSFs shown in the City on a City-wide map. (7) For purposes of submitting the maps required by subparagraphs B.5 and B.6 above, the applicant shall demonstrate network performance based on a sample of on-the- ground testing (drive tests) data and certify the accuracy of the data under penalty of perjury and that the testing is statistically appropriate for the area tested. The applicant shall provide the hard data that was employed to create such map or maps, including drive test data demonstrating the existence, location, and geographic boundary of the gap in coverage which the PWSF is intended to remedy, or if demonstrating capacity deficiency, actual dropped call records from the carrier, and the location and geographic boundary of the capacity deficiency. C. Siting information. (1) A one-inch-equals-two-hundred-feet scale vicinity plan showing the following: (a) Property lines for the subject property. (b) Property lines of all properties adjacent to the subject property. (c) Tree cover on the subject property and all properties adjacent to the subject property, by species and average height, as measured by or available from a verifiable source. (d) Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.), on subject property and all properties adjacent to the subject property. (e) Proposed location of antenna, mount, and equipment shelter(s). (f) Location of all roads, public and private, on the subject property and on all properties adjacent to the subject property, including driveways proposed to serve the PWSF. (g) Distances, at grade, from the proposed PWSF to each building on the vicinity plan. (h) Contour lines. (i) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "Sight lines" subsection below. (2) Sight lines and photographs as described below: (a) Sight line representation. A sight-line representation shall be drawn from the closest facade of each residential building (viewpoint) included on the vicinity plan to the highest point (visible point) of the PWSF. Each sight line shall be depicted in profile, drawn at one-inch-equals-forty-feet scale. The profiles shall show all intervening trees and buildings. In the event that there is only one (or more) residential building on the vicinity plan, there shall be at least two sight lines from the closest habitable structures, if any. (b) Existing (before condition) photographs. Each sight line shall be illustrated by one four-inch-by-six-inch color photograph taken from the perspective of the nearest homes or properties which happen to be situated in closest proximity to the proposed PWSF site and depicting what can currently be seen from the building(s). (c) Proposed (after condition). Each of the existing-condition photographs shall have the proposed PWSF superimposed on them to show the perspective of the nearest homes or properties which happen to be situated in closest proximity to the proposed PWSF site, and what will be seen from residential building(s) if the proposed PWSF is built. (d) The photographs described in subparagraphs (b) and (c) must be taken from the interior perspective of the properties situated in closest proximity to the proposed installation, unless the applicant can show proof that it attempted to secure such images, but that the owners of such properties refused to grant them access to obtain such images. If the owners of such properties have refused to grant the applicant access, the applicant may depict the height, distance from the property, and sight line representation by balloon test. … (h) Amend § 325-29.12 “Tiered permit process” as follows: A. Department of Planning and Development. After assigning each application to a tier, the City of Ithaca Department of Planning and Development shall: (1) Prepare an analysis of the alternatives for each application according to § 325-29.11 of this chapter. (2) Prepare a staff report for each application based on § 325-29.14 of this chapter. (3) For any appeal of a determination under this Chapter or for Tier Two or Three application, forward the application, alternative analysis and staff report to the Board of Zoning Appeals. B. Findings. All decisions resulting in approvals or denials by the Board of Zoning Appeals shall be in writing and supported by findings of fact and conclusions of law based upon competent substantial evidence in the record, and shall specify: (1) Whether the applicant has proven, based upon the evidence presented to the Board that an identified wireless carrier suffers from a “significant gap” in its personal wireless service coverage by demonstration of the following: a. reliable drive test data to demonstrate the significant gap in coverage or actual dropped call records to demonstrate a capacity deficiency, including the location and geographic boundaries of such, that the PWSF proposes to remedy; b. that the proposed installation will remedy that significant gap or gaps in an identified wireless carrier’s personal wireless coverage; c. the installation will not create an unnecessary redundancy in wireless infrastructure within the city; d. the proposed height proposed for the PWSF is the minimum height necessary to remedy any significant gap in personal wireless coverage for any identified wireless carrier. (2) Whether or not any gaps in coverage are limited in size, or confined to a limited number of homes, or are situated in a rural sparsely populated area, or that any lack in coverage would be de minimis. (3) Whether the applicant has proven, based upon the evidence presented to the Board that its proposed installation is the least intrusive means of remedying any such significant gap in coverage. a. whether or not the proposed facility presents a minimal intrusion on the community; b. whether or not the proposed installation will, or will not, inflict a significant adverse aesthetic impact upon adjacent or nearby properties or surrounding neighborhood or community, specifically: (i) inflict a significant adverse impact to the property values of adjacent or nearby properties; (ii) inflict a significant adverse impact upon historic resources or scenic views; (iii) whether the proposed siting of the PWSF, both in terms of site location and the specific area upon the site where the installation is proposed, would minimize the adverse visual impact of the facility; (iv) whether or not the proposed installation will, or will not, provide and maintain a sufficient fall zone and/or safe zone around the facility to protect the public from the potential dangers of structural failures, icefall, debris fall and/or fire; (v) whether there are potential, less intrusive, alternative locations for the placement of a wireless facility which would fill any significant gap(s) in coverage; (vi) that a facility of a lesser height, or multiple shorter facilities at less intrusive sites, would be sufficient to remedy any significant gap(s) in coverage. (4) Whether or not the granting of the application at issue would be consistent with the legislative intent of the Telecommunications Facilities and Services section. (i) Amend § 325-29.14 “Staff reports” as follows: A. The City of Ithaca Department of Planning and Development shall prepare staff reports for all PWSF applications. The staff report shall contain the following: (1) Description of the proposed PWSF. (a) Other PWSF's in the area. (b) Nearest three PWSF sites to the proposed PWSF for the same carrier. (2) Location. (a) Identification of whether the proposed PWSF is an avoidance area. (b) Identification of whether the proposed PWSF is at an opportunity site. (c) Determination of whether location standards have been met. (3) Siting. (a) Determination of whether siting standards have been met. (b) Identification of any necessary practical measures to avoid, minimize and/or mitigate (in that order of preference) adverse impacts of the proposed PWSF. (4) Design. (a) Type of mount. (b) Type of antenna(s). (c) Treatment of equipment cabinet or shelter. (d) Determination of whether design standards have been met. (5) Alternatives analysis. (a) Alternatives provided by the applicant. (b) Alternatives studied by City staff. (c) Comparison and ranking of the proposed PWSF and the alternatives as provided in § 325-29.11. (6) Description of narrative attachments. (7) Recommended decision or in the case of a Tier One application, Planning Department staff’s approval or denial, which shall include the following: (a) Findings of fact. (b) Approve or deny, with specific reasons included. (j) Insert the following as a new section 325-29.15 and renumber the remainder of the Article accordingly: §325.29.15 Notice For all PWSF applications, the applicant is responsible for demonstrating compliance with the following: A. Upon submission of the application, the applicant shall no less than 30 days prior to installation, post the location with a sign providing information as to where the application may be viewed and how the public may contact the applicant about the proposed installation. B. The applicant shall provide the City with the names and addresses of all property owners and provide written notice of the public hearing, by certified mail, return receipt requested as follows: a. For a new cell tower, all properties situated within 1,500 feet of the parcel’s property line on which a proposed new cell tower is to be located. b. For all other PWSF installations, all properties adjacent to, or within 300 feet of, the proposed site. (k) Amend existing §325-16 “Collocations/Public sites” (upon enactment of this ordinance, will become 325-29.17) to insert the following subsection: E. Collocation Generally. Collocation of facilities is generally preferred over new support structures if it can be accomplished in a way that better compliments the character of the surrounding area. The order of preference for the configuration for PWSFs from most preferred to least preferred is: (a) Collocation with existing PWSFs; (b) Roof-mounted; (c) Building- mounted; (d) Mounted on an existing pole or utility pole; (e) Mounted on a pole or utility pole that will replace an existing pole or utility pole; (f) Mounted on a new telecommunication tower. Where an existing facility or support structure can potentially accommodate collocation of a new wireless facility, collocation will be required unless the applicant submits evidence that the collocation will not remedy a significant gap in coverage, or the owner of the existing facility or support structure is unwilling to accommodate the applicant’s equipment and cannot be required to cooperate. (l) Amend existing § 325-29.17 “Registry, monitoring, inspection, abandonment and obsolescence” (upon enactment of this ordinance, will become 325-29.18) to insert the following subsections: … B. Inspection. (1) The owner or operator of PWSF shall provide for and conduct an inspection of mounts at least once every five years. A report shall be provided to the Department of Planning, Building and Economic Development verifying compliance with previous approvals and the City Code. Licensee shall maintain accurate maps and other appropriate records of its Small Cell Equipment as they are actually constructed in the Right of Way and will provide GIS location and information data to the City upon application. Licensee’s location and information data provided to the City shall be GIS compatible and include exact locations of and information concerning all components of a Small Cell Installation, including to the extent available to the Licensee, wire, fiber optic strands, innerduct or other items supporting Licensee’s Equipment. Such maps and records shall be promptly updated and provided to the City in the event of relocation or removal of any Small Cell Equipment. (2) The owner or operator of PWSF shall provide for and conduct an inspection of radio frequency radiation at least once annually by a licensed radio frequency engineer. Three copies of a report shall be provided to the Department of Planning, Building and Economic Development, verifying that the radio frequency radiation is in compliance with FCC Guidelines. (3) The City shall have the right to employ a qualified RF engineer to conduct an annual random and unannounced test of small cell wireless installations located within the City to certify their compliance with all FCC radio-frequency emission limits as they pertain to exposure to the public. The reasonable cost of such tests shall be paid by the carriers as a pro rata percentage based on the carrier’s total number of PWSF installed within the City and the total number of PWSF installations within the City. C. Abandonment and removal. Any PWSF that is out of peroration for a continuous period of 12 months shall be considered abandoned, and the owner of such PWSF shall remove same within 90 days of notice from the City of Ithaca Department of Planning and Development that the PWSF is abandoned. If such PWSF is not removed within said 90 days, the City of Ithaca may have the PWSF removed at the PWSF owner's expense. D. Hazardous materials. A PWSF shall be registered as a hazardous facility if petroleum products are used to fuel power supplies, or any toxins are contained in equipment cabinets or shelters or alternative power sources. E. All small wireless facility attachments shall meet the following requirements: 1. Be reviewed and approved by a licensed professional structural engineer in the State of New York, which shall include review of any structures and foundations. All pertinent calculations shall be stamped by a Professional Engineer and submitted to the City as part of the permit application and review process. 2. All installations shall meet or exceed all applicable structural standards, clearance standards, and provisions of the latest National Electrical Safety Code (NESC). (m) Amend existing § 325-29.18 “Radio frequency radiation emissions” (upon enactment of this ordinance, will become 325-29.19) as follows: A. FCC Guidelines. A statement certifying that, as proposed, the PWSF complies with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines) concerning radio frequency radiation and emissions shall be provided at the time of final site plan review or building permit application for facilities not requiring site plan review. B. The statement shall include FCC compliance report, verified under oath, and under penalties of perjury, by the person who prepared any such report. The cover page shall specify the following: i. Whether the PWSF complies with the FCC standards for General Population Exposure Limits or the Occupational Exposure Limits; and ii. the minimum distance factor, measured in feet, which the applicant used to calculate the radiation emission levels to which the proposed facility would expose members of the general public or others. C. No contravention of FCC Guidelines. A PWSF that meets the FCC Guidelines shall not be conditioned or denied on the basis of radio frequency impacts. D. If the compliance report as described in this section or the results of any inspection or reporting as required by 325-29.18 demonstrates that a PWSF is not compliance with the relevant FCC Guidelines for RF Emissions, the City shall notify the carrier of the findings. Upon such a finding: i. The City may in the City’s sole discretion test and inspect any or all of the carrier’s PWSF within the City at the carrier’s sole cost. ii. Upon proper written notice, not less than 30 days delivered to the most recent contact on file for the PWSF or carrier, the City shall promptly schedule a public hearing before the Board of Zoning Appeals in which the carrier must show cause why the non-compliant PWSF and related equipment should not be removed at the carrier’s cost. iii. The Board of Zoning Appeals, upon hearing the evidence and arguments of the carrier in the public hearing, may require replacement, removal, or any other remedy reasonably necessary to bring the PWSF(s) into compliance with FCC guidelines. iv. A carrier’s failure to appear before the Board of Zoning Appeals and/or comply with the remedy ordered, if any, by the Board of Zoning Appeals, may result in revocation of any license or franchise granted by the City pursuant to Chapter 170, the City’s removal of non-compliant PWSF and equipment by the City at the carrier’s cost. v. A carrier’s failure to comply with the findings and order of the Board of Zoning Appeals shall constitute a violation of this Article, and the City reserves the right to impose any and all other penalties or other remedies specified in this Article. (n) Amend existing § 325-29.24 “Certificate of insurance required” (upon enactment of this ordinance, will become 325-29.25) as follows: The Applicant shall maintain adequate and sufficient liability insurance during the construction period and thereafter, the Carrier shall maintain liability insurance meeting the criteria of this section throughout the life of any PWSF erected within the City of Ithaca. Prior to the issuance of any necessary permit, whether special permit or building permit, documentation that liability insurance in the amount of at least $1,000,000 single occurrence, $3,000,000 aggregate has been secured identifying the City as coinsured shall be submitted to the Department of Planning and Development, such policy shall not include a pollution exclusion. The Carrier’s maintenance without interruption of liability insurance in like or greater amount with the City named as coinsured is a continuing condition of any permit or certificate of building compliance. (o) Insert the following as a new section, and renumber the remainder of the section accordingly: 325-29.26 Reasonable accommodations requests A resident with a disability as defined by the Americans with Disabilities Act may petition the Board of Zoning Appeals to consider any requested reasonable accommodation and file a complaint for lack of accommodations with the City’s chief executive officer. (p) Insert the following subsection (D) to existing § 325-29.25 (upon enactment of this ordinance, will become 325-29.27): D. If a PWSF is found to have RF Emissions exceeding General Population Exposure Limits, this Code provision establishes a private right of action by any City resident against the facility owner to secure its removal with reimbursement of attorneys’ fees and costs in the event that the resident prevails. (q) Insert the following as a new section 325-29.28: §325-29-28 Appeals and variances Any applicant may seek appeal of any order, requirement, decision, interpretation, or determination and/or seek a variance from the provisions of this Article in accordance with Section 325-40 “Board of Appeals; variances.” (r) Insert the following as a new section 325-29.29: § 325-29.29 Revocability In the event of a change in federal or state regulations or statutes governing telecommunications rendering any PWSF installation authorized in accordance with this Article invalid, illegal, or otherwise unauthorized, the City may require that the effected PWSF installation be removed and replaced in accordance with the then-current federal, state, and local regulations and statutes. Section 5. Severability Clause. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Carried 7-2 (Murtagh, Nguyen)