City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[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.
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. 
Definition of terms.
AGL
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.
ANTENNA
A whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device used for transmission and/or reception of radio frequency signals.
ANTENNA ARRAY
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.
APPLICANT
A person or entity with an application before the City for a permit for a personal wireless service facility (PWSF).
CAMOUFLAGE
A way of painting and mounting a PWSF that requires minimal exterior changes to the host structure in order to accommodate the facility.
CARRIER
A company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder is not automatically a carrier.
CELLULAR
A mobile telephone service operating in the 800 MHz spectrum.
COAPPLICANT
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.
COLLOCATION
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.
COMMERCIAL MOBILE RADIO SERVICES (CMRS)
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.
CONCEAL
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.
DESIGN
The appearance of PWSF's, such as their materials, colors and shape.
DISGUISE
To design a PWSF to appear to be something other than a PWSF.
ELEVATION
The measurement of height above sea level. Also "AMSL," or "above mean sea level."
ENHANCED SPECIALIZED MOBILE RADIO (ESMR)
Private land mobile radio with telephone services.
EQUIPMENT CABINET/EQUIPMENT SHELTER
An enclosed structure at the base of the mount within which is housed the equipment for the PWSF, such as batteries and electrical equipment.
FALL ZONE
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.
FEDERAL COMMUNICATIONS COMMISSION (FCC)
An independent federal agency charged with licensing and regulating wireless communications at the national level.
FUNCTIONALLY EQUIVALENT SERVICES
Cellular, PCS, enhanced specialized mobile radio, specialized mobile radio and paging. Section 704 of the Telecommunications Act prohibits unreasonable discrimination among functionally equivalent services.
GUYED TOWER
A monopole or lattice tower that is anchored to the ground or to another surface by diagonal cables.
HEIGHT
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.
LATTICE TOWER
A type of mount that is usually ground-mounted and self-supporting with multiple legs and cross-bracing of structural steel.
LICENSED CARRIER
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.
LOCATION
The area where a PWSF is located or proposed to be located.
MICROCELL
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.
MITIGATION
The reduction or elimination of visual impacts by the use of one or more methods, including but not limited to concealment, camouflage and disguise.
MODIFICATION
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.
MONOPOLE
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.
MOUNT
The structure or surface upon which antennas are mounted, e.g.:
(1) 
Mounted on the roof of a building.
(2) 
Mounted on the side of a building.
(3) 
Mounted on the ground.
(4) 
Mounted on a structure other than a building.
(5) 
Mounted within a building.
PERSONAL WIRELESS SERVICE FACILITY (PWSF)
A facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and a mount.
PERSONAL WIRELESS SERVICES
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.
RADIO FREQUENCY (RF) ENGINEER
Someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies.
RADIO FREQUENCY RADIATION (RFR)
The emissions from PWSF's which are by-products of the RF signal.
RADIO FREQUENCY (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.
SECURITY BARRIER
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION
The distance between one carrier's antenna array and another carrier's antenna array.
SHORT MOUNTS
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.
SITE
That portion of a subject property where a PWSF is to be placed. Any acceptable location may have several potential sites within it.
SITING
The method and form of placement of PWSF's on a specific area of a subject property.
SPECIALIZED MOBILE RADIO (SMR)
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.
STANDARDS
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).
TOWER
A term used as a modifier (e.g., tower builder) or when modified (e.g., lattice tower). A monopole is not a tower.
UNLICENSED WIRELESS SERVICES
Commercial mobile services that can operate on public domain frequencies and therefore need no FCC license for their sites.
WIRELESS COMMUNICATIONS
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.
A. 
Purpose and intent. The purpose and intent of this article is to establish standards for the location, siting and design of PWSF's, and the goals of this article are to:
(1) 
Allow for alternative types of PWSF's in any location subject to standards.
(2) 
Encourage the use of existing structures, including but not limited to rooftops and utility poles, for deploying PWSF's.
(3) 
Expedite the review process for those applications choosing the least intrusive alternative of deploying PWSF's.
(4) 
Encourage users of guyed and lattice towers, monopoles and antennas to locate, site and design them in a way that minimizes the adverse visual impact of the lattice or guyed towers, monopoles and antennas.
(5) 
Enhance the ability of the providers of personal wireless services to provide such services to the community quickly, effectively and efficiently.
(6) 
Promote PWSFs' compatibility with surrounding land uses, and protect the attractiveness, health, safety, general welfare and property values of the community.
B. 
Preexisting personal wireless service facilities.
(1) 
Permits and renewals.
(a) 
A PWSF for which a building permit has been issued prior to the effective date of this article shall be deemed a permitted use, subject to the conditions of that permit. When an unpermitted PWSF is identified by the City of Ithaca to be attached to a mount approved for another use or PWSF, a separate permit must be applied for it, even when:
[1] 
Sharing a legal mount;
[2] 
Already in operation; and
[3] 
Duly licensed by the Federal Communications Commission.
(b) 
The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Unpermitted PWSF's will be considered out of compliance with this article.
(2) 
Placement of any attached array, microcell or any other portions of a PWSF on an existing structure, whether legally nonconforming or in, as well as out of, compliance, shall require a permit to be obtained for the PWSF under the terms of this article.
(3) 
Any carrier with at least one preexisting PWSF in the City of Ithaca that is out of compliance with the City of Ithaca building or zoning requirements shall not be eligible for any new approvals of personal wireless service facilities by the City until the preexisting PWSF or PWSF's are brought into compliance with this article.
C. 
Exclusions for amateur radio facilities. This article shall not govern the installation of any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for noncommercial, receive-only antennas.
D. 
Unpermitted facilities, mounts or equipment ineligible for collocation.
(1) 
No permit shall be issued under this article for a request to collocate, attach or share an existing PWSF site, mount or facility when such existing site, mount or facility is found to have one or more PWSF's without permits and/or any structure, mount or facility is found to lack one or more building permits, electrical permits or any other permits required by the City of Ithaca.
(2) 
Any application by a wireless carrier or other entity shall not be approved by the City of Ithaca if that wireless carrier has a preexisting PWSF on, or the other entity owns, a mount, rooftop or tower, on which there is any unpermitted PWSF until that PWSF is brought into compliance with this article.
E. 
Relationship to other laws. This article shall supersede conflicting requirements contained in any other provision of the City of Ithaca Code.
A. 
No PWSF shall be permitted except in accordance with the provisions of this article of the City of Ithaca Zoning Ordinance.
B. 
All PWSF's shall be classified as follows:
(1) 
Tier One. This tier is limited to applications that:
(a) 
Place PWSF's on existing utility poles (telephone poles, utility distribution poles, streetlights and traffic signal stanchions); or
(b) 
Place PWSF's on new utility poles when the carrier specifies a utility pole that meets the City of Ithaca specifications for utility poles; and
(c) 
Meet all location standards, 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.
(2) 
Tier Two. This tier is limited to applications that:
(a) 
Do not qualify for Tier One status; and
(b) 
Propose to place PWSF's on or in buildings or propose to conceal PWSF's in natural or man-made features approved by the City of Ithaca Planning and Development Board; and
(c) 
Meet all location standards, design standards and safety standards in this article. In the event that any of the standards in the article are in conflict for a particular application, one or the other conflicting standard shall be met. The decision of which standard shall be met shall be subject to the approval of the City of Ithaca.
(3) 
Tier Three. This tier is limited to applications that:
(a) 
Do not qualify as either Tier One or Tier Two status; and
(b) 
Require the erection, establishment, siting, location, construction, modification or development of a guyed tower, monopole, lattice tower or similar structure as determined by the City of Ithaca; and
(c) 
Meet all location standards, design standards and safety standards in this article. In the event that any of the standards in the article are in conflict for a particular application, one or the other conflicting standard shall be met. The decision of which standard shall be met shall be subject to the approval of the City of Ithaca.
C. 
All PWSF's require final approval pursuant to Chapter 276, Site Plan Review, and issuance of a building permit and certificate of building compliance from the Director of Planning and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
The approval of PWSF's shall be subject to meeting or exceeding the following standards:
A. 
Location standards.
(1) 
Opportunity sites. A PWSF shall be located at one of the following opportunity sites:
(a) 
Utility transmission towers.
(b) 
Public water tanks.
(c) 
Inside or concealed around steeples or similar architectural features.
(d) 
Rooftops.
(e) 
Utility poles in publicly owned rights-of-way or similar public properties as identified by the City of Ithaca.
(2) 
Avoidance areas. A Tier Two or Tier Three PWSF shall not be located in the following avoidance areas:
(a) 
Flood hazard zones.
(b) 
Historically and culturally significant resources.
(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.
(f) 
Wetlands.
(g) 
Lakeshores and waterways.
(3) 
Interpretation of opportunity sites and avoidance areas shall be based on maps or aerial photographs provided by the City of Ithaca Department of Planning and Development and/or the applicant.
(4) 
Personal wireless service facilities may also be permitted in areas that are not opportunity sites subject to the following siting, design and safety standards and permitted in avoidance areas subject to the following siting, design and safety standards. For PWSF's desiring to locate in avoidance areas as set forth in Subsection A(2)(b) above (historically and culturally significant resources), the City of Ithaca Landmarks Preservation Commission must approve the application.
(5) 
These standards apply regardless of radio frequency (RF) engineering considerations.
B. 
Siting standards.
(1) 
Personal wireless service facilities shall meet the following siting standards:
(a) 
To the greatest extent possible, PWSF's shall be concealed within existing structures or where the PWSF will be camouflaged, or on inconspicuous mounts.
(b) 
Placement within trees shall be encouraged, but no antennas shall extend higher than 10 feet above the average tree height (within 300 horizontal feet when measured along the ground).
(c) 
Placement on existing roofs or nonwireless structures shall be favored over ground-mounted PWSF's.
(d) 
Roof-mounted PWSF's shall not project more than 10 additional feet above the height of a building. If the roof-mounted PWSF's project above the height limit, they may be appropriately screened.
(e) 
Side-mounted PWSF's shall not project more than 20 inches from the face of the mounting structure.
(2) 
These standards shall apply regardless of RF engineering considerations.
C. 
Design standards.
(1) 
Personal wireless service facilities shall meet the following design standards:
(a) 
Color. All PWSF's shall be painted or complemented with colors that match or complement their surroundings.
(b) 
Size. The silhouette of the PWSF shall be reduced to the minimum visual impact.
(c) 
Personal wireless service facilities near or within view of residences shall 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.
(d) 
Equipment. The following types of equipment shall be discouraged:
[1] 
Roof-mounted monopoles, lattice towers or guyed towers.
[2] 
Ground-mounted lattice towers.
[3] 
Ground-mounted guyed towers.
(e) 
Height shall be kept to a minimum.
[1] 
Heights of PWSF's shall be no higher than the height of the uppermost height of nearby structures (within 300 horizontal feet when measured along the ground), regardless of prevailing height limits in the zoning district.
[2] 
In the event that there are no nearby buildings (within 300 horizontal feet when measured on the ground) of the proposed site of the PWSF, the following shall apply:
[a] 
All ground-mounted PWSF's (including the security barrier) shall be surrounded by nearby dense tree growth for a radius of 20 horizontal feet (when trunk center lines are measured on the ground) from the PWSF in any direction. These trees can be existing on the subject property or installed to meet the twenty-foot requirement as part of the proposed PWSF or they can be a combination of both.
[b] 
Ground-mounted PWSF's shall not project more than 10 feet above the average height of the nearby trees as referenced in Subsection A(2)(a) above.
(2) 
These standards apply regardless of RF engineering considerations.
D. 
Safety standards. Personal wireless service facilities shall meet the following safety standards:
(1) 
Hurricane and tornado design standards shall be those of the local building codes used in the City of Ithaca or EIA-TIA 22 (latest version), whichever is stricter.
(2) 
Roof mounts on buildings shall have railings, if necessary, to protect workers. Notices shall be posted, as directed by the Director of Planning and Development or designee to warn of radio frequency radiation.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
Tier Three applications shall meet the following standards:
A. 
Fall zone.
(1) 
No habitable structure or outdoor area where people congregate shall be within a fall zone of 120% of the height of the PWSF or its mount.
[Amended 5-4-2016 by Ord. No. 2016-10]
(2) 
No adjoining property line shall be within the fall zone of a radius equal to the height of the PWSF.
B. 
Setback.
(1) 
All PWSF's, including mounts and equipment shelters, shall comply with the minimum setback requirements of the applicable zoning district as set forth in the City of Ithaca Zoning Ordinance.
(2) 
The antenna array for an attached PWSF, with the exception of a side-mounted PWSF, is exempt from the setback requirements of this article and from the setback for the zoning district in which it is located, provided that no such antenna array shall project more than five feet horizontally from the attachment structure at the point of attachment.
(3) 
No portion of any PWSF shall project into a required setback more than the maximum projection permitted in the zoning district in which the facilities are located, except as otherwise provided in this article.
(4) 
On parcels with a principal building housing a principal use, all components of the PWSF shall be located behind the building line.
An applicant shall submit the following information as part of an application for a PWSF:
A. 
Application information.
(1) 
Name, address and telephone number of applicant and all coapplicants as well as any agents for the applicant or coapplicants.
(a) 
Coapplicants shall include the landowner(s) of the subject property, licensed carrier(s) and tenant(s) for the PWSF.
(b) 
Either an applicant or a coapplicant must be a licensed carrier.
(2) 
The applicant shall provide a copy of the lease between the applicant and coapplicant(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 coapplicants applying for a building permit and/or site plan review; if the applicant or coapplicant will be represented by an agent, original signature of applicant and/or coapplicant authorizing the agent to represent the applicant and/or coapplicant. Photo reproductions of signatures will not be accepted.
B. 
Location information. The following information is required for all applications:
(1) 
Identification of the subject property by including the name of the nearest road or roads, and street address, if any.
(2) 
Tax parcel number of subject property.
(3) 
Zoning district designation for the subject parcel and for all parcels within 1,000 feet of the property lines of the subject parcel.
(4) 
A line map to scale showing the subject property and all properties within 1,000 feet and the location of all buildings, including accessory structures, on all properties shown.
(5) 
A City-wide map showing the other existing PWSF's in the City and outside the City within one mile of its corporate limits.
(6) 
The specific locations for this carrier of all existing and future PWSF's in the City on a City-wide map.
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 of what can currently be seen from the residential building(s).
(c) 
Proposed (after condition). Each of the existing-condition photographs shall have the proposed PWSF superimposed on them to show what will be seen from residential buildings if the proposed PWSF is built.
(3) 
A one-inch-equals-forty-feet scale site plan showing the following:
(a) 
The entire subject property, including all lands held in effective common ownership, property lines and roads (public and private) adjacent to the subject property.
(b) 
All existing buildings, including accessory structures.
(c) 
All existing vegetation, by mass or individually by diameter (four feet from the ground) of each stand-alone tree or shrub. Tree masses or individual stand-alone trees shall be identified by specie(s).
(d) 
Proposed security barrier, indicating type and extent as well as point of controlled entry.
(e) 
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
(f) 
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the PWSF.
(4) 
Siting elevations, or views at-grade from the north, south, east and west around the proposed PWSF, plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter-inch-equals-one-foot or one-eighth-inch-equals-one-foot scale and show the following:
(a) 
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
(b) 
Security barrier. If the security barrier will block the views of the PWSF, the barrier drawing shall be cut away to show the view behind the barrier.
(c) 
Any and all structures on the subject property.
(d) 
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation with approximate elevations dimensioned.
(e) 
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL.
D. 
Design information.
(1) 
Equipment brochures for the proposed PWSF, such as manufacturer's specifications or trade journal reprints. These shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier, if any.
(2) 
Materials of the proposed PWSF specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier, if any.
(3) 
Colors of the proposed PWSF represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier, if any.
(4) 
Dimensions of the PWSF specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(5) 
Appearance shown by at least two scaled cross-sections of the PWSF within the subject property. The cross sections shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier, if any, for the total height, width and breadth.
(6) 
Landscape plan, including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
E. 
Narrative information.
(1) 
Carrier shall provide a:
(a) 
Certified copy of Form 6000 on file with the FCC.
(b) 
Certified copy of an FCC license (radio authorization form).
(2) 
Carrier shall identify:
(a) 
Site latitude.
(b) 
Site longitude.
(c) 
AGL to the radiation center and the top of highest projection (e.g., lightning rod).
(3) 
Applicants should provide two alternatives to the proposed PWSF.
(a) 
Alternatives should comply with criteria in § 325-29.11 of this chapter for differences between the proposed PWSF and the alternatives.
(b) 
Failure of the applicant to provide two alternatives shall constitute an incomplete application.
F. 
Geographic information.
(1) 
Area to be served by the proposed PWSF.
(a) 
Within the City of Ithaca.
(b) 
Outside the City of Ithaca.
(2) 
Tax Map showing adjoining (abutting) properties.
(3) 
Land use map showing existing land use.
(4) 
Zoning Map showing existing zoning.
(5) 
Relationship to other PWSF's:
(a) 
Existing and/or proposed by the carrier.
(b) 
Existing for other carriers.
(c) 
Proposed by other carriers.
G. 
Fees. The City shall have the right to properly plan for and evaluate applications for PWSF's and to charge reasonable fees for such services to the applicant. The City may retain future independent consultants and experts to assist City staff with proper planning for PWSF's. The fee for applications shall include, but shall not be limited to, the prorated share for each applicant of such costs for the independent consultants and experts. The fee shall be prorated among all applications on an equal basis. The City also has the right to charge fees for reviews and evaluations done by City staff. Such fees shall include, but shall not be limited to, the following:
(1) 
Site plan applications.
(2) 
Variance or special permit applications.
(3) 
Building permit applications.
(4) 
Other review fees. The City shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for PWSF's. This fee will be assigned to the applicant and shall not exceed $10,000.
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.
A. 
Department of Planning and Development. After assigning each application to a tier, the City of Ithaca Department of Planning and Development shall:
(1) 
Prepare an analysis of the alternatives for each application according to § 325-29.11 of this chapter.
(2) 
Prepare a staff report for each application based on § 325-29.14 of this chapter.
(3) 
Forward the application, alternative analysis and staff report to the reviewing board.
B. 
Findings. All decisions resulting in approvals or denials by the reviewing board shall be in writing and supported by findings of fact and conclusions of law based upon competent substantial evidence in the record.
Applicants shall use the following procedure when applying for PWSF's, although City staff may waive some steps if they are redundant.
A. 
Preapplication conference. Applicants shall meet with City staff prior to submitting an application for a PWSF.
(1) 
At the preapplication conference:
(a) 
The applicant shall inform City staff of the location of the proposed facility, as well as its scale and design.
(b) 
City staff shall inform the applicant about the classification of the application and the appropriate procedures to be followed.
(2) 
If the applicant disagrees with the classification or procedures, the applicant may appeal to the Planning and Development Board for a determination.
B. 
Application form. The applicant shall submit the City's application form and all required items as specified in Chapter 325 (Zoning) and in § 325-29.10 above when applying for PWSF's.
C. 
Initial review by the Department of Planning and Development. The City of Ithaca Department of Planning and Development shall:
(1) 
Perform an alternatives analysis in accordance with § 325-29.11 above.
(2) 
Forward the application to the appropriate board for review and action.
A. 
Tier One applications. Tier One applications do not need staff reports.
B. 
Tier Two and Tier Three applications. The City of Ithaca Department of Planning and Development shall prepare staff reports for Tier Two and Three applications. The staff report shall contain the following:
(1) 
Description of the proposed PWSF.
(a) 
Other PWSF's in the area.
(b) 
Nearest three PWSF sites to the proposed PWSF for the same carrier.
(2) 
Location.
(a) 
Identification of whether the proposed PWSF is an avoidance area.
(b) 
Identification of whether the proposed PWSF is at an opportunity site.
(c) 
Determination of whether location standards have been met.
(3) 
Siting.
(a) 
Determination of whether siting standards have been met.
(b) 
Identification of any necessary practical measures to avoid, minimize and/or mitigate (in that order of preference) adverse impacts of the proposed PWSF.
(4) 
Design.
(a) 
Type of mount.
(b) 
Type of antenna(s).
(c) 
Treatment of equipment cabinet or shelter.
(d) 
Determination of whether design standards have been met.
(5) 
Alternatives analysis.
(a) 
Alternatives provided by the applicant.
(b) 
Alternatives studied by City staff.
(c) 
Comparison and ranking of the proposed PWSF and the alternatives as provided in § 325-29.11.
(6) 
Description of narrative attachments.
(7) 
Recommended decision.
(a) 
Findings of fact.
(b) 
Approve or deny, with specific reasons included.
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:
(1) 
Change in technology used for the PWSF, such as an "overlay."
(2) 
Addition or replacement of any equipment in the PWSF, excluding direct, like-for-like substitutions.
(3) 
Change in design of the PWSF.
(4) 
Addition to any PWSF for the purpose of collocation.
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.
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. 
Inspection.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
(1) 
The owner or operator of PWSF shall provide for and conduct an inspection of mounts at least once every five years. A report shall be provided to the Department of Planning, Building and Economic Development verifying compliance with previous approvals and the City Code.
(2) 
The owner or operator of PWSF shall provide for and conduct an inspection of radio frequency radiation at least once every two years by a licensed radio frequency engineer. Three copies of a report shall be provided to the Department of Planning, Building and Economic Development, verifying that the radio frequency radiation is in compliance with FCC Guidelines.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
C. 
Abandonment and removal. Any PWSF that is out of peroration for a continuous period of 12 months shall be considered abandoned, and the owner of such PWSF shall remove same within 90 days of notice from the City of Ithaca Department of Planning and Development that the PWSF is abandoned. If such PWSF is not removed within said 90 days, the City of Ithaca may have the PWSF removed at the PWSF owner's expense.
D. 
Hazardous materials. A PWSF shall be registered as a hazardous facility if petroleum products are used to fuel power supplies or any toxins are contained in equipment cabinets or shelters or alternative power sources.
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. 
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.
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]
[1]
Editor's Note: See Ch. 240, Noise.
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:
(a) 
Achieve the same degree of screening as the required buffer; or
(b) 
Affect the stability, security or maintenance of guy wires.
(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.
Adequate and sufficient liability insurance shall be maintained during the construction period and 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. 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.
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.