General approval and permit requirements for personal wireless service facilities.
(1) Subject to the provisions of this section, personal wireless service facilities (PWSFs) are allowed in every zoning district in the Town.
(2) No person shall be permitted to deploy PWSFs, or operate or prepare any site for the deployment of PWSFs, without having first obtained the applicable approvals and permits required by this section.
(3) Repairs to and maintenance of a legally existing PWSF shall not require site plan approval, a special permit, or a PWSF permit.
(4) In addition to the requirements set forth in this section for the issuance of a PWSF permit and, where applicable, site plan and special permit approval, any applicant seeking to place a PWSF in the public right-of-way shall also comply with the procedures and requirements set forth in Chapter
230 (Streets and Sidewalks) of the Town Code relating to conducting construction activities within the public right-of-way. To the extent any provisions in Chapter
230 are inconsistent with the provisions set forth in this section, the provisions in this section shall control.
(5) Exceptions. The requirements set forth in this §
270-219 shall not apply to:
(a) PWSFs on property owned or controlled by the Town are not subject to §
270-219, except PWSFs within a Town (owned or by use) public right-of-way are subject to §
270-219. The Town Board has sole and absolute discretion to determine whether to allow an applicant to place a PWSF that is not subject to §
270-219 on Town property, and the Town Board may impose such conditions on any such placement and use as it deems appropriate. Nothing herein shall be deemed to create any right or entitlement to use Town property for such PWSF.
(b) Any facilities exclusively for private, noncommercial radio and television reception and private citizens bands, licensed amateur radio and other similar noncommercial telecommunications.
(6) Nonconforming facilities. The lawful use of any PWSF legally existing on the date of adoption of this §
270-219 may be continued even though such PWSF does not conform to §
270-219. Any proposed modification to a PWSF is subject to the requirements of this §
270-219. Maintenance and repairs are not considered modifications.
Approvals and permits required for each type of personal wireless service facility.
(1) All PWSFs shall require a building permit issued by a Code Enforcement Officer, where the New York State Uniform Fire Prevention and Building Code or the Ithaca Town Code requires a building permit.
(2) A small wireless facility proposed to be co-located on an existing small wireless facility, where the completed facility would still constitute a small wireless facility after the co-location, shall require a PWSF permit issued by the Director of Code Enforcement.
(3) A PWSF proposed to be co-located on an existing PWSF that is not a small wireless facility shall require a PWSF permit issued by the Director of Code Enforcement. In addition, site plan and special permit approvals by the Planning Board are required if the proposed PWSF co-location will:
(a) Increase the approved height of the PWSF structure by more than 15%;
(b) Increase the number of antennas by more than 50% over the previously approved number of antennas;
(c) Increase the square footage of accessory buildings by more than 200 square feet over the previously approved square footage of accessory buildings;
(d) Add one or more microwave antenna dishes; or
(e) Expand the footprint of the PWSF structure.
(4) Where more than one PWSF is proposed and at least one PWSF will not be co-located on an existing structure, all of the proposed PWSFs (including co-located PWSFs) shall require a PWSF permit issued by the Director of Code Enforcement, and site plan and special permit approvals by the Planning Board.
(5) All other PWSFs shall require a PWSF permit issued by the Director of Code Enforcement, and site plan and special permit approvals by the Planning Board. All Planning Board considerations and approvals of site plans and special permits shall be in accordance with Chapter
270 (Zoning), Article
XXIII (Site Plan Review and Approval Procedures) and Article
XXIV (Special Permits and Special Approvals), respectively.
(6) Any site plan, special permit or personal wireless service facility permit granted hereunder shall be valid only for the dimensions and number of antenna facilities and PWSF structures for the facility contained in the original application as so approved. Any subsequent changes or modifications shall require a new application for same following the procedures set forth in this section.
(7) Notwithstanding Subsection (2) through (5) above, any application that asserts Spectrum Act § 6409(a) applies and that meets the requirements in 47 CFR 1.6100 for an eligible facilities request shall not require site plan or special permit approval and shall require a PWSF permit issued by the Director of Code Enforcement. A building permit issued by a Code Enforcement Officer is also required if the New York State Uniform Fire Prevention and Building Code or the Ithaca Town Code requires a building permit.
