[Added 11-6-2002 by Ord. No. 2002-7]
A.
The City of Ithaca Common Council, Ithaca, New York,
finds that personal wireless communications services and personal
wireless service facilities comprise a rapidly growing segment of
the utilities and communications sector and have merit and value for
the community as a whole. The United States Congress adopted the Telecommunications
Act of 1996, including Section 704 which defines personal wireless
service and personal wireless service facilities and preserves local
zoning authority over decisions regarding the placement, construction
and modification of personal wireless service facilities except for
the following five limitations:
(1)
A local government shall not unreasonably discriminate
among providers of functionally equivalent services.
(2)
A local government shall not prohibit or have
the effect of prohibiting the provision of personal wireless services.
(3)
A local government shall act on any requests
for authorization to place, construct or modify personal wireless
service facilities within a reasonable period of time after the request
is filed.
(4)
A local government shall put any decision to
deny a personal wireless service facility into writing and support
such decision by substantial evidence contained in a written record.
(5)
A local government shall not regulate personal
wireless service facilities on the basis of the environmental effects
of radio frequency emission to the extent that such facilities comply
with the Federal Communications Commission Guidelines for Evaluating
the Environmental Effects of Radio Frequency Radiation (FCC Guidelines).
B.
The City of Ithaca is authorized to adopt laws to
provide for the health, safety and welfare of the citizens of the
City of Ithaca. The regulation of the placement, installation and
construction of personal wireless service facilities preserves and
protects the health, safety, welfare and general well being of the
citizens of the City of Ithaca and protects the natural features and
aesthetic character of the City of Ithaca. The City of Ithaca Department
of Planning and Development and the City of Ithaca Common Council
have, during the period of a current moratorium, undertaken a deliberative
process to establish policy, standards and procedures related to the
location, siting and design of mounts and antenna arrays for personal
wireless services.
C.
The purpose and intent of this chapter is to establish
standards for the location, siting and design of personal wireless
service facilities, and the goals of this chapter are to:
(1)
Allow for alternative types of personal wireless
service facilities in any location subject to standards.
(2)
Encourage the use of existing structures, including,
but not limited to, rooftops, utility poles and steeples, for deploying
personal wireless service facilities.
(3)
Expedite the review process for those applications
choosing the least intrusive alternative of deploying personal wireless
service facilities.
(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 personal wireless service facilities
compatible with surrounding land uses and protect the attractiveness,
health, safety, general welfare and property values of the community.
(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.
[Added 10-6-2021 by Ord. No. 2021-07]
(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.
[Added 10-6-2021 by Ord. No. 2021-07]
D.
Therefore, the Common Council of the City of Ithaca
has prepared this chapter to revise the City of Ithaca Zoning Law
to more clearly reflect the above facts.
As used in this chapter, the following terms
shall have the meanings indicated:
A.
Abbreviations.
|
AGL — At ground level.
| |
|
AMSL — Above mean sea level.
| |
|
CMRS — Commercial mobile radio
services.
| |
|
FCC — Federal Communications
Commission.
| |
|
PWSF — Personal wireless service
facility.
| |
|
RF — Radio frequency.
| |
|
RFR — Radio frequency radiation.
| |
|
SMR — Specialized mobile radio
|
B.
AGL
ANTENNA
ANTENNA ARRAY
APPLICANT
APPLICATION
APPLICATION AUTHORITY
BOARD
CAMOUFLAGE
CARRIER
CELLULAR
COAPPLICANT
COLLOCATION
COMMERCIAL MOBILE RADIO SERVICES (CMRS)
CONCEAL
DESIGN
DIRECTOR
DISGUISE
ELEVATION
ENHANCED SPECIALIZED MOBILE RADIO (ESMR)
EQUIPMENT CABINET/EQUIPMENT SHELTER
FALL ZONE
FEDERAL COMMUNICATIONS COMMISSION (FCC)
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
LICENSED CARRIER
LOCATION
MICROCELL
MITIGATION
MODIFICATION
MONOPOLE
MOUNT
(1)
(2)
(3)
(4)
(5)
PERSONAL WIRELESS SERVICE FACILITY (PWSF)
PERSONAL WIRELESS SERVICES
RADIO FREQUENCY (RF) ENGINEER
RADIO FREQUENCY RADIATION (RFR)
RADIO FREQUENCY (RF) SIGNAL
SECURITY BARRIER
SEPARATION
SHORT MOUNTS
SHOT CLOCK
SIGNIFICANT GAP IN COVERAGE or SIGNIFICANT COVERAGE GAP
SITE
SITING
SMALL WIRELESS FACILITY
SPECIAL INTEREST AREAS
SPECIALIZED MOBILE RADIO (SMR)
STANDARDS
TOWER
TYPE I – IV APPLICATIONS (see, e.g., shot clocks, § 325-29.10.1)
(1)
(a)
(b)
(2)
(a)
(3)
(a)
(4)
(a)
UNDERGROUNDING DISTRICT
UNLICENSED WIRELESS SERVICES
WIRELESS COMMUNICATIONS
Definition of terms.
At ground level; the actual height of the PWSF from the ground
to the highest part of the mount or the antenna, whichever is higher.
A whip (omnidirectional antenna), panel (directional antenna),
disc (parabolic antenna) or similar device used for transmission and/or
reception of radio frequency signals.
One or more whips, panels, discs or similar devices used
for the transmission or reception of radio frequency signals, which
may include omnidirectional antennas (whips), directional antennas
(panels) and parabolic antennas (discs). The antenna array does not
include the mount as defined herein.
A person or entity with an application before the City for
a permit for a personal wireless service facility (PWSF).
All necessary and required documentation and evidence that
an applicant must submit to receive all required permits or other
necessary approvals for personal wireless service facilities from
the City.
[Added 10-6-2021 by Ord. No. 2021-07]
The Director or the Board, as applicable, responsible for
making an initial determination upon an application, prior to any
applicable appeals.
[Added 10-6-2021 by Ord. No. 2021-07]
The Board of Zoning Appeals of the City of Ithaca.
[Added 10-6-2021 by Ord. No. 2021-07]
A way of painting and mounting a PWSF that requires minimal
exterior changes to the host structure in order to accommodate the
facility.
A company licensed by the Federal Communications Commission
(FCC) that provides wireless services. A tower builder is not automatically
a carrier.
A mobile telephone service operating in the 800 MHz spectrum.
Any person and/or entity joining with an applicant in an
application for a permit for a PWSF, including the owner(s) of the
PWSF, owner(s) of the subject property and any proposed tenant(s)
for the PWSF.
The use of a common PWSF or common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communications technology and/or placement or two or more
PWSF's on adjacent properties.
Any of several technologies using radio signals at various
frequencies to send and receive voice, data and video as per Section
704 of the Telecommunications Act of 1996, According to the FCC, these
services are "functionally equivalent services." Section 704 of the
Telecommunications Act prohibits unreasonable discrimination among
functionally equivalent services.
To enclose a PWSF with a natural or manmade feature resulting
in the facility being either invisible or made part of the feature
enclosing it.
The appearance of PWSF's, such as their materials, colors
and shape.
The Director of Planning and Development or designee.
[Added 10-6-2021 by Ord. No. 2021-07]
To design a PWSF to appear to be something other than a PWSF.
The measurement of height above sea level. Also "AMSL," or
"above mean sea level."
Private land mobile radio with telephone services.
An enclosed structure at the base of the mount within which
is housed the equipment for the PWSF, such as batteries and electrical
equipment.
The area on the ground within a prescribed radius from the
base of a PWSF. The fall zone is the area within which there might
be a potential hazard from falling debris or collapsing material.
An independent federal agency charged with licensing and
regulating wireless communications at the national level.
Cellular, PCS, enhanced specialized mobile radio, specialized
mobile radio and paging. Section 704 of the Telecommunications Act
prohibits unreasonable discrimination among functionally equivalent
services.
A monopole or lattice tower that is anchored to the ground
or to another surface by diagonal cables.
The distance measured from at ground level (AGL) to the highest
point of a PWSF, including the antenna array. For purposes of measuring
height, all antennas or other attachments mounted on a structure shall
be included in the measurements to determine overall (i.e., combined)
height.
A type of mount that is usually ground-mounted and self-supporting
with multiple legs and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system. A licensed carrier must
be identified for every PWSF application.
The area where a PWSF is located or proposed to be located.
Any PWSF that is designed and limited to generate lower power
density than that limited by the FCC Guidelines for Evaluating the
Environmental Effects of Radio Frequency Radiation.
The reduction or elimination of visual impacts by the use
of one or more methods, including but not limited to concealment,
camouflage and disguise.
The changing of any portion of a PWSF from its description
in a previously approved permit. The FCC definitions for modification
are different than local government rules, but for purposes of this
article, the definition set forth herein applies.
The shape of mount that is self-supporting with a single
shaft of wood, steel or concrete and antennas at the top and/or along
the shaft.
The structure or surface upon which antennas are mounted,
e.g.:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
INTERIOR-MOUNTEDMounted within a building.
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.
[Amended 10-6-2021 by Ord. No. 2021-07]
Any personal wireless service defined in the Federal Telecommunications
Act, which includes Federal Communications Commission (FCC) licensed
commercial wireless telecommunications services, including cellular,
personal communications services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), paging as well as unlicensed
wireless services, and common carrier wireless exchange access services.
Someone with a background in electrical engineering or microwave
engineering who specializes in the study of radio frequencies.
The emissions from PWSF's which are by-products of the RF
signal.
The actual beam or radio waves sent and received by a PWSF.
A signal is the deliberate product of a PWSF. The RF radiation is
the by-product.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between one carrier's antenna array and another
carrier's antenna array.
Alternatives to monopoles or guyed and lattice towers, such
as masts or poles. For example, two short poles or three short masts
might be an alternative to one tall lattice tower.
The applicable period which is presumed to be a reasonable
period within which the City is generally required to issue a final
decision upon an application seeking approval for the installation
or substantial modification of a personal wireless services facility
or structure, to comply with Section 47 U.S.C. § 332(c)(7)(B)(ii)
of the TCA.
[Added 10-6-2021 by Ord. No. 2021-07]
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 when 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.
[Added 10-6-2021 by Ord. No. 2021-07; amended 12-1-2021 by Ord. No. 2021-14]
That portion of a subject property where a PWSF is to be
placed. Any acceptable location may have several potential sites within
it.
The method and form of placement of PWSF's on a specific
area of a subject property.
A facility that meets the definition of 47 CFR 1.312(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.
[Added 10-6-2021 by Ord. No. 2021-07]
Areas within the City that have stricter aesthetic standards.
These include the following:
[Added 10-6-2021 by Ord. No. 2021-07]
A form of dispatch or two-way communication used by companies
that rent space or time from an SMR carrier, used primarily for data,
delivery vans, truckers or taxis within a small, definable geographic
area.
Rules or measures by which acceptability is determined. Personal
wireless service facilities are measured by standards measuring visibility
or safety. Wireless planning tends to regulate PWSF's on three levels:
location (or where the PWSF site can go), siting (or how the PWSF
is placed within its setting) and design (or what the PWSF looks like).
A term used as a modifier (e.g., tower builder) or when modified
(e.g., lattice tower). A monopole is not a tower.
[Added 10-6-2021 by Ord. No. 2021-07]
TYPE I APPLICATIONSCollocations of small wireless facilities.
Type I applications shall be limited to applications wherein
an applicant is seeking to collocate a new small wireless facility
by installing such new personal wireless service equipment upon an
already existing small personal wireless services facility structure.
If the completed facility would still meet the physical limits
and requirements to meet the definition of a small wireless facility
after the installation of the new equipment, then the application
to install such new equipment is a Type I application.
TYPE II APPLICATIONSCollocations which do not meet the definition of a small wireless facility.
Type II applications shall be limited to applications wherein
an applicant is seeking to collocate new personal wireless service
equipment, by installing such new wireless equipment upon an already
existing personal wireless services facility structure, tower, or
complex, which does not meet the definition of a small wireless facility,
either before, during, or after the installation of the new personal
wireless service equipment.
TYPE III APPLICATIONSNew small wireless facilities.
Type III applications shall be limited to applications seeking
to install and/or construct a new small wireless facility.
TYPE IV APPLICATIONSNew towers and all other wireless facilities.
Type IV applications shall include applications for the installation
of a new cell tower, personal wireless service facility, complex,
structure, or equipment, which does not meet the criteria for Type
I, Type II, or Type III applications.
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, and further subject to
future additions: 1) 100 and 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, Warren Road,
Richard Place, Brookfield Road, Campbell Ave., Oakwood Lane (between
Cliff Street and Hector Street).
[Added 10-6-2021 by Ord. No. 2021-07]
Commercial mobile services that can operate on public domain
frequencies and therefore need no FCC license for their sites.
Any form of signaling by wireless, including personal wireless
services, that require a transmitter, a receiver and a path, sometimes
straight, sometimes indirect, between them.
C.
Measurements. Whenever this chapter refers to horizontal
feet, the distance shall be measured in all directions from the identified
object.
[Amended 10-6-2021 by Ord. No. 2021-07]
A.
Purpose and intent. The purpose and intent of this article is to
establish standards for the location, siting, and design of PWSFs,
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 PWSFs in any location subject
to standards.
(2)
Encourage the use of existing structures, including but not
limited to rooftops and utility poles, for deploying PWSFs.
(3)
Expedite the review process for those applications choosing
the least intrusive alternative of deploying PWSFs.
(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:
(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 PWSFs
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 PWSFs 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 PWSFs 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.
[Amended 10-6-2021 by Ord. No. 2021-07]
A.
No PWSF shall be permitted except in accordance with the provisions
of this article of the City of Ithaca Zoning Ordinance.
B.
All PWSFs shall be classified as follows:
(1)
Tier One. This tier is limited to applications that:
(a)
Place PWSFs on existing utility poles (telephone poles, utility
distribution poles, streetlights, and traffic signal stanchions);
or
(b)
Place PWSFs 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 § 325-29.15 specified herein may be approved by the Director. At any time in the application if the Director determines a proposal may cause public controversy, the Director may classify the application as Tier Two or Three and refer the proposal to the Board 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 PWSFs on or in buildings or propose to conceal
PWSFs 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 Director.
(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
standards shall be met. The decision of which standard shall be met
shall be subject to the approval of the Director.
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.
[Amended 10-6-2021 by Ord. No. 2021-07]
The approval of PWSFs 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. If the Director determines that the proposed
installation will result in public controversy or the applicant appeals
any decision of the Director, the application will be referred to
the Ithaca Landmarks Preservation Commission 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 feet 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 20 feet from the inside
edge of adjoining sidewalk.
(5)
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.
(6)
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 PWSFs desiring to locate in avoidance areas as set forth in Subsection A(3)(b) above (historically and culturally significant resources), the City of Ithaca Landmarks Preservation Commission must approve the application.
(7)
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, PWSFs 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 nonwireless structures shall
be favored over ground-mounted PWSFs.
(d)
Roof-mounted PWSFs shall not project more than 10 additional
feet above the height of a building. If the roof-mounted PWSFs project
above the height limit, they may be appropriately screened.
(e)
Side-mounted PWSFs 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
1,500 feet from the nearest PWSF (whether proposed or existing unless
the PWSF is placed on the same pole as another PWSF), 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 PWSFs 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) are 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 250 feet from any adjacent residence,
school, or day care facility 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.
[Amended 10-6-2021 by Ord. No. 2021-07]
A.
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 250 feet or more from any
residence, school, or day-care facility, and 1,500 feet or more from
any other small cell wireless facility proposed or installed.
B.
Tier Three applications shall meet the following standards:
(2)
Setback.
(a)
All PWSFs, 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.
(b)
The antenna array for an attached PWSF, with the exception of
a side-mounted PWSF on an existing building, 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.
(c)
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.
(d)
On parcels with a principal building housing a principal use,
all components of the PWSF shall be located behind the building line.
[Amended 10-6-2021 by Ord. No. 2021-07]
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.
(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 PWSFs 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 PWSFs 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 Subsection B(5) and (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.
[Amended 12-1-2021 by Ord. No. 2021-14]
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 Subsection C(2)(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.
[Added 10-6-2021 by Ord. No. 2021-07]
To comply with the requirements of Section 47 U.S.C. 332(c)(7)(B)(ii), the following shot clock periods set forth herein below shall be presumed to be reasonable periods within which the City shall render initial determinations upon special permit applications for personal wireless service facilities, provided that any subsequent amendment of said federal law that would have the effect of extending the shot clock presumptions herein shall take precedence over the following periods. The Director or the Board, as applicable, shall in the first instance (i.e., prior to any permitted appeals therefrom) render determination upon such applications within the periods set forth hereinbelow, unless the applicable shot clock period list below is tolled, extended by agreement or the processing of the application is delayed due to circumstances beyond the Application Authority's control, as addressed within § 325-29.10.2 hereinbelow.
A.
Type I applications. Colocations of small wireless facilities
- 60 days.
(1)
Unless extended by agreement, tolled, or subject to reasonable
delays, the Application Authority shall issue a written decision upon
a Type I application within 60 days from the date when the City receives
a Type I application.
(2)
Upon receipt of a Type I application, the Director shall review
the application for completeness. If the Director determines the application
is: (a) incomplete, (b) missing required application materials, (c)
is the wrong type of application, or (d) is otherwise defective, then,
within 10 days of the City's receipt of the application, the Director
shall mail the applicant a notice of incompleteness by first class
mail, to the notice address provided by the applicant.
(3)
Within such notice of incompleteness, the Director shall advise
the applicant, with reasonable clarity, the defects within its application,
including a description of such matters as what items are missing
from the application and/or why the application is incomplete and/or
defective.
(4)
The mailing of a notice of incomplete application by the Director
shall toll the sixty-day shot clock, which shall not thereafter resume
running unless and until the applicant tenders an additional submission
to the Director to remedy the issues the Director identified in the
notice of incomplete application, which the Director had mailed to
the applicant.
(5)
The submission of any responsive materials by the applicant
shall automatically cause the shot clock period to resume running.
(6)
If upon receipt of any additional materials from the applicant,
the Director determines that the application is still incomplete and/or
defective, then the Director shall, once again, mail a notice of incompleteness
within 10 days of the applicant having filed its supplemental or corrected
materials to the City and the shot clock shall once again be tolled,
and the same procedure provided for hereinabove shall be repeated.
B.
Type II applications. Colocations on existing towers, structures
or other facilities which do not meet the definition of a small wireless
facility - 90 days.
(1)
Unless extended by agreement, tolled, or subject to reasonable
delays, the Application Authority shall issue a written decision upon
a Type II application within 90 days from the date when the City receives
a Type II application.
(2)
Upon receipt of a Type II application, the Director shall review
the application for completeness. If the Director determines the application
is: (a) incomplete, (b) missing required application materials, (c)
is the wrong type of application, or (d) is otherwise defective, then,
within 30 days of the City's receipt of the application, the Director
shall mail the applicant a notice of incompleteness by first class
mail, to the notice address provided by the applicant.
(3)
Within such notice of incompleteness, the Director shall advise
the applicant, with reasonable clarity, the defects within its application,
including a description of such matters as what items are missing
from the application and/or why the application is incomplete and/or
defective.
(4)
The mailing of a notice of incomplete application by the Director
shall toll the ninety-day shot clock, which shall not thereafter resume
running unless and until the applicant tenders an additional submission
to the Director to remedy the issues the Director identified in the
notice of incomplete application, which the Director had mailed to
the applicant.
(5)
The submission of any responsive materials by the Applicant
shall automatically cause the shot clock period to resume running.
(6)
If upon receipt of any additional materials from the Applicant,
the Director determines that the application is still incomplete and/or
defective, then the Director shall, once again, mail a notice of incompleteness
within 10 days of the applicant having filed its supplemental or corrected
materials to the City and the shot clock shall once again be tolled,
and the same procedure provided for hereinabove shall be repeated.
C.
Type III applications. New small wireless facilities - 60 days.
(1)
Unless extended by agreement, tolled, or subject to reasonable
delays, the Application Authority shall issue a written decision upon
a Type III application within 60 days from the date when the City
receives a Type III application.
(2)
Upon receipt of a Type III application, the Director shall review
the application for completeness. If the Director determines the application
is: (a) incomplete, (b) missing required application materials, (c)
is the wrong type of application, or (d) is otherwise defective, then,
within 10 days of the City's receipt of the application, the Director
shall mail the applicant a notice of incompleteness by first class
mail, to the notice address provided by the applicant.
(3)
Within such notice of incompleteness, the Director shall advise
the applicant, with reasonable clarity, the defects within its application,
including a description of such matters as what items are missing
from the application and/or why the application is incomplete and/or
defective.
(4)
The mailing of a notice of incomplete application by the Director
shall toll the sixty-day shot clock, which shall not thereafter resume
running unless and until the applicant tenders an additional submission
to the Director to remedy the issues the Director identified in the
notice of incomplete application, which the Director had mailed to
the applicant.
(5)
The submission of any responsive materials by the applicant
shall automatically cause the shot clock period to resume running.
(6)
If upon receipt of any additional materials from the applicant,
the Director determines that the application is still incomplete and/or
defective, then the Director shall, once again, mail a notice of incompleteness
within 10 days of the applicant having filed its supplemental or corrected
materials to the City and the shot clock shall once again be tolled,
and the same procedure provided for hereinabove shall be repeated.
D.
Type IV applications. New towers and all other wireless facilities
- 150 days.
(1)
Unless extended by agreement, tolled, or subject to reasonable
delays, the Application Authority shall issue a written decision upon
a Type IV application within 150 days from the date when the City
receives a Type IV application.
(2)
Upon receipt of a Type IV application, the Director shall review
the application for completeness. If the Director determines the application
is: (a) incomplete, (b) missing required application materials, (c)
is the wrong type of application, or (d) is otherwise defective, then,
within 30 days of the City's receipt of the application, the Director
shall mail the applicant a notice of incompleteness by first class
mail, to the notice address provided by the applicant.
(3)
Within such notice of incompleteness, the Director shall advise
the applicant, with reasonable clarity, the defects within its application,
including a description of such matters as what items are missing
from the application and/or why the application is incomplete and/or
defective.
(4)
The mailing of a notice of incomplete application by the Director
shall toll the 150-day shot clock, which shall not thereafter resume
running unless and until the applicant tenders an additional submission
to the Director to remedy the issues the Director identified in the
notice of incomplete application, which the Director had mailed to
the applicant.
(5)
The submission of any responsive materials by the applicant
shall automatically cause the shot clock period to resume running.
(6)
If upon receipt of any additional materials from the applicant,
the Director determines that the application is still incomplete and/or
defective, then the Director shall, once again, mail a notice of incompleteness
within 10 days of the applicant having filed its supplemental or corrected
materials to the City and the shot clock shall once again be tolled,
and the same procedure provided for hereinabove shall be repeated.
[Added 10-6-2021 by Ord. No. 2021-07]
Consistent with the letter and intent of Section 47 U.S.C. § 332(c)(7)(B)(ii), each of the shot clock periods set forth within § 325-29.10.1 hereinabove shall generally be presumed to be sufficient periods within which the Application Authority shall render decisions upon applications. Notwithstanding same, the applicable shot clock periods may be tolled, extended by mutual agreement between any applicant and/or its representative and the Application Authority, and the Application Authority shall not be required to render its determination within the shot clock period presumed to be reasonable for each type of application, where the processing of such application is reasonably delayed, as described hereinbelow.
A.
Tolling of the applicable shot clock due to incompleteness and/or
applicant error.
(1)
As provided for within § 325-29.10.1 hereinabove, in the event that the Application Authority deems an application incomplete, the Application Authority shall send a notice of incompleteness to the applicant to notify the applicant that its application is incomplete and/or contains material errors, and shall reasonably identify the missing information and/or documents and/or the error(s) in the application.
(2)
If the Application Authority mails a notice of incompleteness
as described hereinabove, the applicable shot clock shall automatically
be tolled, meaning that the applicable shot clock period within which
the Application Authority is required to render a final decision upon
the application shall immediately cease running, and shall not resume
running, unless and until the City receives a responsive submission
from the applicant.
(3)
If and when the applicant thereafter submits additional information
in an effort to complete its application, or cure any identified defect(s),
then the shot clock shall automatically resume running, but shall
not be deemed to start running anew.
(4)
The applicable shot clock period shall, once again, be tolled
if the Application Authority thereafter provides a second notice that
the application is still incomplete or defective, despite any additional
submissions which have been received by the City, from the applicant,
up to that point.
B.
Shot clock extension by mutual agreement.
(1)
The Application Authority, in its sole discretion, shall be
free to extend any applicable shot clock period by mutual agreement
with any respective applicant. This discretion on the part of the
Application Authority shall include the Application Authority's authority
to request, at any time, and for any period of time the Application
Authority may deem reasonable or appropriate under the circumstances,
consent from a respective applicant, to extend the applicable shot
clock period, to enable the Application Authority, the applicant,
or any relevant third party, to complete any type of undertaking or
task related to the review, analysis, processing, and determination
of the particular application, which is then pending before the Application
Authority, to the extent that any such undertaking, task or review,
is consistent with, or reasonably related to, compliance with any
federal, state, or local law, and/or the requirements of any provision
of the City Code, including but not limited to this article.
(2)
In response to any request by the Application Authority, the
applicant, by its principal, agent, attorney, site acquisition agent
or other authorized representative can consent to any extension of
any applicable shot clock, by affirmatively indicating its consent
either in writing or by affirmatively indicating its consent on the
record at any public hearing or public meeting. The Application Authority
shall be permitted to reasonably rely upon a representative of the
applicant indicating that they are authorized to grant such consent
on behalf of the respective applicant, on whose behalf they have been
addressing the Application Authority within the hearing process.
C.
Reasonable delay extensions of shot clock periods.
(1)
The City recognizes that there may be situations wherein, due to circumstances beyond the control of the City and/or the Application Authority, the review and issuance of a final decision upon an application for a personal wireless facility cannot reasonably be completed within the application shot clock periods delineated within § 325-29.10.1 hereinabove.
(2)
If, despite the exercise of due diligence by the City and the
Application Authority, the determination regarding a specific application
cannot reasonably be completed within the applicable shot clock period,
the Application Authority shall be permitted to continue and complete
its review, and issue its determination at a date beyond the expiration
of the applicable period, if the delay of such final decision is due
to circumstances including, but not limited to, those enumerated hereinbelow,
each of which shall serve as a reasonable basis for a reasonable delay
of the applicable shot clock period.
(3)
Reasonable delays which may constitute proper grounds for extending
the presumed sufficient periods for rendering determinations under
the applicable shot clock periods may include, but are not necessarily
limited to:
(a)
Environmental and/or historic site impacts:
[1]
To the extent a proposed installation bears the
potential for a significant adverse impact upon (i) the environment
within the meaning of SEQRA and/or the NEPA (National Environmental
Policy Act, 42 U.S.C. § 4321 et seq.) and/or (ii) a historic
site or a historic district within the meaning of SEQRA and/or the
NHPA (The National Historic Preservation Act, 54 U.S.C. 300101 et
seq., and 36 CFR Part 800 et seq.);
[2]
Processes to comply with the requirements of SEQRA
(and/or NEPA and/or NHPA), including necessary engagement with and/or
review under NSDEC, FCC, SHPO and NHPA, in determining both: (i) the
extent of adverse impacts, and (ii) what mitigation measure might
the applicant be required to undertake to minimize the adverse environmental
impacts and/or adverse impacts upon historic sites, structures and/or
district.
[3]
So long as the Application Authority acts with
reasonable diligence in completing such necessary review(s), if compliance
with the statutory requirements for environmental or historic preservation
review requires a period of effort that extends beyond the expiration
of the applicable shot clock period, the delays beyond such period
shall be deemed reasonable.
(b)
Force majeure.
[1]
In the event that the rendering of a final decision
upon an application under this article is delayed due to natural and/or
unnatural events and/or forces which are not within the control of
the City and/or the Application Authority, such as the unavoidable
delays experienced in government processes due to the COVID-19 pandemic,
and/or mandatory compliance with any related federal or state government
orders issued in relation thereto, such delays shall constitute reasonable
delays which shall be recognized as acceptable grounds for extending
the period for review and the rendering of final determinations beyond
the period allotted under the applicable shot clock.
(c)
Eleventh-hour submissions.
[1]
In the event that an applicant tenders eleventh-hour
submissions to the City and/or the Application Authority in the form
of (a) expert reports, (b) expert materials, and/or (c) materials
which require a significant period for review due either to their
complexity or the sheer volume of materials which an applicant has
chosen to provide to the Application Authority at such late point
in the proceedings, the Application Authority shall be afforded a
reasonable time to review such late-submitted materials.
[2]
If reasonably necessary, the Application Authority
shall be permitted to retain the services of an expert consultant
to review any late-submitted expert reports which were provided to
the Application Authority, even if such review or services extend
beyond the applicable shot clock period, so long as the Application
Authority completes such review and retains and secures such expert
services within a reasonable period of time thereafter, and otherwise
acts with reasonable diligence in completing its review and rendering
its final decision.
Each application for a PWSF should also contain
at least two alternatives that differ from the PWSF proposed in the
application.
A.
Differences. The alternatives need not be totally
different from the proposed PWSF; however, the alternatives should
contain measurable differences, such as:
(1)
Height. An alternative can be identical to the
proposed PWSF but for a shorter height.
(2)
Number. An alternative could be for two or more
PWSF's that are shorter than the proposed PWSF.
(3)
Location. An alternative could be located on
a different property than the proposed PWSF.
(4)
Siting. An alternative could be in a different
place on the same property as the proposed PWSF.
(5)
Design. An alternative could be of the same
height, location and siting as the proposed PWSF, but be designed
to appear differently.
B.
Submittal requirements for alternatives. The materials
submitted for each alternative should show only the differences between
each of the alternatives and the proposed PWSF.
C.
Comparison of proposed personal wireless service facility
and alternatives. The City of Ithaca Department of Planning and Development
staff shall compare the proposed PWSF to the two required alternatives
on the basis of the following:
(1)
Change in community scale, as exhibited in relative
height, mass or proportion of the PWSF within its proposed surroundings.
(2)
New visible elements proposed on a contrasting
background.
(3)
Different colors and textures proposed against
a contrasting background.
(4)
Use of materials that are foreign to the existing
built environment.
(5)
Conservation of opportunities to maintain community
scale, not compromising buffering areas and low-lying buildings so
as to start a trend away from the existing community scale.
(6)
Amount and diversity of landscaping and/or natural
vegetation.
(7)
Preservation of view corridors, vistas and view
sheds.
(8)
Continuation of existing colors, textures and
materials.
D.
Ranking of proposed personal wireless service facility
and alternatives. The City of Ithaca Department of Planning and Development
staff shall rank the proposed PWSF and each alternative based on the
above criteria. The ranking of the proposed PWSF and each alternative
shall be submitted to the appropriate review board along with each
application. The reviewing board shall consider the alternatives along
with the proposed PWSF.
[Amended 10-6-2021 by Ord. No. 2021-07]
A.
Department of Planning and Development. After assigning each application
to a tier, the City of Ithaca Department of Planning and Development
shall:
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;
[Amended 12-1-2021 by Ord. No. 2021-14]
(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:
[1]
Inflict a significant adverse impact to the property
values of adjacent or nearby properties;
[2]
Inflict a significant adverse impact upon historic
resources or scenic views;
[3]
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;
[4]
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;
[5]
Whether there are potential, less intrusive, alternative
locations for the placement of a wireless facility which would fill
any significant gap(s) in coverage;
[6]
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.
Applicants shall use the following procedure
when applying for PWSFs, although City staff may waive some steps
if they are redundant.
A.
D.
Application
and review process – Public ROW permit. Notwithstanding the
location preference guidelines indicated in this document, for each
application proposing an installation within a residential zone or
within 200 feet of a residential zone, no less than five days prior
to installation, applicant shall mail or hand deliver notice to all
residences within 300 feet of the proposed installation, and 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.
Signs can be obtained from the Planning and Economic Development Division
at a cost of $15 per sign (checks payable to "City of Ithaca"). Proof
that the sign(s) have been posted will be required in the form of
a date-stamped photograph(s). Applicant shall provide proof of mailing
and a list of addresses receiving the notification with the application.
[Amended 10-6-2021 by Ord. No. 2021-07]
[Amended 10-6-2021 by Ord. No. 2021-07]
[Added 10-6-2021 by Ord. No. 2021-07[1]]
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:
The City of Ithaca shall require the review
and approval of all modifications to PWSF's.
A.
Types of modification. A modification of a PWSF is
any of the following:
B.
Applications for modification. Applicants for modifications shall submit an application to the City for a modified PWSF. The application shall include all materials required in § 325-29.10 that would change due to the modification.
C.
Subsequent ownership. Any permit issued pursuant to
this article shall not be transferable in any way. Any subsequent
owner of the PWSF or the subject property shall be required to obtain
a permit in accordance with this article.
A.
Worst-case review. The City of Ithaca shall review
applications for collocations on the basis of all positions on the
mount, i.e., the cumulative, worst-case condition.
B.
Collocation review includes entire facility. Applications
for collocations on mounts, when they are constructed prior to the
effective date of this article, require review of the existing mount
as well as collocation under the requirements of this article.
C.
Collocations not previously reported. Applications
for collocations on mounts constructed after the effective date of
this article, when they did not previously show the proposed collocation,
require review of the existing mount as well as collocation under
the requirements of this article.
D.
Public sites. The City of Ithaca shall work with carriers
to consider the siting of PWSF's on appropriate City-owned or other
publicly owned property, by identifying existing structures, the appropriate
contact persons and the appropriate leasing procedures.
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.
[Added 10-6-2021 by Ord. No. 2021-07]
[Amended 10-6-2021 by Ord. No. 2021-07]
A.
Registry. Each carrier shall file the following information
with the City on an annual basis, beginning with the date of approval:
(1)
Owner/lessee/intermediary/agent and carrier(s)
at the site.
(2)
Location by latitude and longitude, addresses
and parcel numbers.
(3)
Height, AGL.
(4)
Collocation status and capability (including
if a former collocation has been removed).
(5)
Last date at which site was modified and the
nature of the modification.
(6)
A list of toxic/hazardous materials at the PWSF
(including in the equipment shelter).
(7)
Instructions for emergency personnel on the
approach/action to be taken in case of an emergency involving any
toxic/hazardous substances.
(8)
The name and telephone number of a representative
of the carrier to be contacted in the event of any emergency at the
PWSF site. The contact representative is to be available on a twenty-four-hour-a-day,
seven-days-a-week, three-hundred-sixty-five-days-a-year basis.
B.
Signage.
(1)
Every pole or structure in the public rights of way that holds
a 5G antenna be labeled indicating RF radiation being emitted above.
This label should be at eye level and legible from nine feet away.
Radio frequency warning or alerting signs should be used to provide
information on the presence of RF radiation or to control exposure
to RF radiation within a given area. Standard radio frequency hazard
warning signs are commercially available from several vendors.
(2)
Appropriate signs should incorporate the format recommended
by the Institute for Electrical and Electronics Engineers (IEEE) and
as specified in the IEEE standard: IEEE Std C95.2-1999 (Web address:
http://www.ieee.org). Guidance concerning the placement of signs can
be found in the IEEE Standard: IEEE Std C95.7-2005 (available for
free through the IEEE Get Program). When signs are used, meaningful
information should be placed on the sign advising affected persons
of: (1) the nature of the potential hazard (i.e., high RF fields),
(2) how to avoid the potential hazard, and (3) whom to contact for
additional information. In some cases, it may be appropriate to also
provide instructions to direct individuals as to how to work safely
in the RF environment of concern. Signs should be located prominently
in areas that will be readily seen by those persons who may have access
to an area where high RF fields are present.
C.
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 and 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 and 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 PWSF and 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.
D.
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 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.
E.
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.
F.
All PWSF and 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).
[Amended 10-6-2021 by Ord. No. 2021-07]
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:
(1)
Whether the PWSF complies with the FCC standards for General
Population Exposure Limits or the Occupational Exposure Limits; and
(2)
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:
(1)
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.
(2)
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 noncompliant
PWSF and related equipment should not be removed at the carrier's
cost.
(3)
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.
(4)
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 noncompliant PWSF and equipment by the City at the carrier's cost.
(5)
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.
No equipment shall be operated at a PWSF so
as to produce noise in excess of the applicable noise standards under
the City of Ithaca Noise Ordinance.[1]
A.
A PWSF shall not be artificially lighted, except for:
(1)
Security and safety lighting of equipment buildings
if such lighting is shielded and directed downward to keep light within
the boundaries of the site; and
(2)
Such lighting of the PWSF as may be required
by the Federal Communications Commission, Federal Aviation Administration
(FAA) or other applicable authority installed in a manner to minimize
impacts on adjacent residences. Only red lighting shall be utilized
unless otherwise recommended by FAA guidelines.
B.
Security barriers. A security barrier, conforming to the City of Ithaca Zoning Ordinance, may be required around the perimeter of mounts(s) or equipment structure, and any anchor points. In the case of a roof-mounted PWSF, the security barrier may need only be around the antenna. The security barrier shall be maintained by the operator of the PWSF or mount for the life of the installation. No security barrier is needed around side-mounted PWSF's, but distances from windows and balconies should conform to Subsection C(2) below.
C.
Security barriers for certain populations. The security
barriers around all PWSF's shall be reviewed by the Planning and Development
Board and found to be acceptable for:
(1)
Controlled population: those persons who are
trained in procedures for working near or around radio frequency radiation.
(2)
General population: All other persons, some
of whom have no concept of what radio frequency radiation is or how
it can cause harm. Members of the general population should not be
allowed within 10 meters of any antenna.
No signage shall be permitted on any PWSF other
than that required for public safety purposes or by the FCC or FAA,
except that each PWSF shall have a weatherproof plaque appropriately
sized to the site and size of the PWSF mounted at eye level identifying
the carrier, frequency and date of permit approval.
A.
Natural vegetation. Existing natural vegetation shall
be undisturbed to the greatest extent practicable.
B.
Landscaping. Landscaping of disturbed areas of the
PWSF site and security barriers shall be required as follows:
(1)
At least one row of evergreen shrubs capable
of forming a continuous hedge at least five feet in height within
two years of planting shall be spaced not more than five feet apart
within 15 feet of the site boundary; and
(2)
At least one row of evergreen trees or shrubs, at least four feet in height when planted and spaced not more than 15 feet apart, shall be located interior to the perimeter of the shrubs required in Subsection B(1) above; and
(3)
For ground mounts greater than 200 feet tall, at least one row of deciduous trees, not less than 1 1/2 inches' diameter measured three feet above grade and spaced not more than 20 feet apart, shall be located within the perimeter of the evergreen trees or shrubs required in Subsection B(2) above.
(4)
All security barriers for guy-wire anchor points
shall be screened from view by at least one row of evergreen shrubs
spaced not more than five feet apart and capable of forming a continuous
hedge at least five feet in height within two years of planting.
(5)
Existing vegetation, topography, walls and fences
combined with shrubs or other features may be substituted for the
required buffers if the Planning and Development Board finds they:
(6)
Landscaping materials shall consist of xeric
or drought-resistant native species and shall be maintained by the
operator of the PWSF for the life of the installation.
A.
Parking. Areas sufficient for the temporary off-street
parking of at least two vehicles shall be provided for mounts. The
type and configuration of parking shall be subject to approval by
the Planning and Development Board.
B.
Private access. A copy shall be provided to the City
of Ithaca Department of Planning and Development of any road maintenance
agreement for any site accessed by private easement.
[Amended 10-6-2021 by Ord. No. 2021-07]
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.
[Added 10-6-2021 by Ord. No. 2021-07[1]]
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.
A.
Each violation of this article, any regulation, order
or ruling promulgated hereunder or any permit issued hereunder shall
be punishable by a fine of not more than $2,500 or imprisonment not
exceeding 15 days, or both; a separate offense shall be deemed committed
on each day during which a violation occurs or continues. In addition
to such a fine, the defendant shall pay all costs and expenses incurred
by the City in determining such violation. The foregoing shall be
in addition to all other remedies available under the law to the City
or the Common Council.
B.
In the event of any actual or impending violation
of this article, the City, in addition to other remedies, may institute
any appropriate action or proceedings to prevent, restrain, correct
or abate such violation.
C.
In addition to other remedies by law, any appropriate
action or proceeding, whether by legal process or otherwise, may be
instituted or taken to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the use of
said structure or land or to prevent any illegal act, conduct, business
or use in or about such premises.
D.
If
a PWSF is found to have RF emissions exceeding general population
exposure limits, this code provision enables 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.
[Added 10-6-2021 by Ord. No. 2021-07]
[Added 10-6-2021 by Ord. No. 2021-07]
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 § 325-40, Board of Appeals; variances.
[Added 10-6-2021 by Ord. No. 2021-07]
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.
