[HISTORY: Adopted by the Town Board of the Town of Irondequoit as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-20-2026 by L.L. No. 3-2026[2]]
[1]
Editor's Note: Former Art. I, Wireless Telecommunications Facilities, adopted 7-15-1997 by L.L. No. 5-1997, expired 120 days from its effective date.
[2]
Editor's Note: This local law also provided that it would be in effect for a period of one year from its effective date.
A. 
The Town Board of the Town of Irondequoit does hereby enact the Town of Irondequoit "Moratorium Small-Cell and Microcell Wireless Telecommunications Facilities" local law. This chapter shall impose a moratorium on small-cell and microcell wireless telecommunications facilities within the Town of Irondequoit and no application for a permit, zoning permit, special permit, zoning variance, building permit, operating permit, demolition permit, site plan approval, subdivision approval, certificate of occupancy, certificate of compliance, temporary certificate, or other Town-level approval shall be accepted, processed, approved, approved conditionally, or issued for the construction, establishment, or use or operation of any land, building, or other structure located within the Town for any land use activity that includes the establishment or expansion of a small-cell and/or microcell wireless telecommunications facility.
B. 
For purposes of this chapter, "Small-Cell or Microcell Wireless Telecommunications Facility" shall have the same definition as appears in Irondequoit Town Code § 235-125.
A. 
Pursuant to the authority and provisions of the New York State Constitution, and § 10 of the Municipal Home Rule Law, and the statutory powers vested in the Town of Irondequoit to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Irondequoit (the "Town Board") hereby declares a one-year moratorium on applications and proceedings for small-cell or microcell wireless telecommunications facilities within the Town of Irondequoit (the "Town").
B. 
This moratorium will allow time for the Board and Town Staff to review, clarify, and update the Town's need for additional regulations surrounding small-cell and/or microcell wireless telecommunications facilities in the Town. Additionally, this moratorium will allow the Town to adopt such other regulations as may be necessary to promote and preserve the health, safety and welfare of the Town and its citizens.
C. 
The Town Board finds that the moratorium is appropriate because:
(1) 
The residential character of the Town is a source of pride and economic stability for the Town and its residents.
(2) 
Recent applications for small-cell and/or microcell wireless telecommunications facilities have created concern that the residential character and economic base of the Town is threatened. Changes in technology have given rise to new issues in land use planning and regulation, including those related to the use of wireless technology to transfer data in addition to telephone calls.
(3) 
Placement of small-cell and/or microcell wireless telecommunications facilities on residential neighborhood streets have created conflicts that have the potential to degrade residential neighborhoods by, among other things, introducing above-ground poles and other facilities in residential neighborhoods where the infrastructure has been buried.
(4) 
Many locations where small-cell and/or microcell telecommunications facilities have been proposed to be installed in the Town are within the street right-of-way and are currently characterized by a mature tree canopy and sidewalks within front yards, which contribute significantly to the visual quality, walkability, and residential character of the neighborhood. Existing utility poles are primarily located in rear yard utility corridors preserving the open and green character of the front streetscape.
(5) 
Unless reasonable measures are taken for an interim period to protect the public interest pending the completion of research and review, and required public hearings, further introduction of small-cell and/or microcell wireless telecommunications facilities may preclude or otherwise undermine consideration and implementation of appropriate and salutary planning measures, including the amendment of the Town's Zoning Code; and permit significant variations in neighborhoods where the Town may wish to implement changes in the existing Zoning Code and such variations may impede or destroy the integrity of changes which may be proposed; and create conditions, or worsen existing conditions, which the Town Board hereby finds to be detrimental to the public health, safety, and general welfare.
During the effective period of this chapter:
A. 
The Town Board, the Planning Board, the Zoning Board of Appeals, and Town staff shall not conduct any review or consider or grant any special permit or other approval that will result in the approval, establishment or construction of any small-cell or microcell wireless telecommunications facility.
B. 
To the extent permitted by law, this moratorium shall supersede all relevant provisions of New York State Town Law, the New York State Building Code, any relevant Town local law and any other applicable law, rule or regulation that may be in conflict herewith. If any ambiguity or conflict exists, this chapter shall govern, and the presumption shall in each case be that the moratorium is in effect.
No new, revised, or renewal applications for any small-cell or microcell wireless telecommunications facilities shall be accepted for filing, review, or consideration, nor shall any such applications be undertaken, reviewed, considered or issued by any board, officer, employee or agent of the Town, except for as specifically set forth in § 157-10 of this chapter. Nor shall any language or term in this moratorium effect, or be construed to result in, any default approval, and any matter now pending shall be stayed in place during the pendency of this moratorium, with all deadlines or other timelines suspended for the same number of days that this moratorium is in effect.
The moratorium imposed by this chapter shall be in effect for a period of one year from the effective date of this chapter. This moratorium may be extended, or rescinded or removed, by local law. During the period of this moratorium, the Town shall endeavor to adopt amended regulations for applications for small-cell and microcell wireless telecommunications facilities.
The moratorium imposed by this chapter shall apply to the territorial limits of the Town of Irondequoit. Any dispute as to whether a property is encompassed within the geographic area detailed above shall be resolved by reference to the Monroe County Real Property Tax Service Office and the official New York corporate boundary maps for the Town of Irondequoit.
The Town Board shall have the authority to vary or waive the application of any provision of this chapter, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an unnecessary and/or unique hardship affecting a property subject to this chapter.
A. 
A request for a variance or appeal will not be considered a complete application unless and until the applicant supplies the Town Board with the following information:
(1) 
All information set forth in Town Code § 235-135B. With respect to the brief statement required under Town Code § 235-135B(2)(c), the applicant shall set forth the extent to which the request is required to address a gap in service to enable mobile, handheld telephones to reach a cell site that provides access to a land-line exchange and allow phone calls to be made to and from the national telephone network.
(2) 
All information set forth in Town Code § 235-135D(2).
B. 
In reviewing such a request, the Town Board may consider:
(1) 
Whether the variance or waiver will adversely affect the purpose of the moratorium or the health, safety or welfare of the Town or will substantially undermine the land use planning and potential revision process under review.
(2) 
The Town Board may consider the existing land use in the immediate vicinity of the property, whether the lot is vacant or developed, the impact of the variance or waiver on infrastructure, neighborhood and community character, community planning goals and objectives, natural resources, government services, and other environmental issues.
(3) 
A proposed project must comply with all other applicable provisions of the Town's local laws and Town Code.
(4) 
Whether the moratorium would leave the property owner or applicant completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property.
If a clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.