PWSF permit issuance, duration and renewals.
(1) The Director of Code Enforcement shall issue a personal wireless service facility permit upon i) submission of the proof of insurance required by Subsection
V, and ii) the Director of Code Enforcement's determination that the following standards are met: see
§ 270-219S(1) for details.
(2) A personal wireless service facility permit shall have a term of two years and may be renewed for successive two-year terms pursuant to the terms of this subsection.
(3) A permittee seeking to renew a personal wireless service facility permit must file a renewal application with the Director of Code Enforcement no later than six months prior to the expiration date of the existing permit. The renewal application shall include a completed Town renewal application form, the renewal fee then being charged by the Town for such renewal applications, and the following:
(a) A certification of compliance with RF exposure limits that meets the requirements of Subsection T below, based on tests and inspections undertaken within six months prior to the certification submission;
(b) A written report from a professional engineer licensed to practice in the State of New York, based on tests and inspections undertaken within six months prior to the report submission, certifying that the permitted personal wireless service facilities comply with the noise requirements in
§ 270-219M;
(c) The documentation listed in Subsection
§ 270-219G(1)(f) or
§ 270-219G(2)(f) (whichever is applicable) showing compliance with all applicable building, structural, electrical and safety codes and with all other laws reasonably related to health and safety; and
(d) An affidavit from an attorney admitted and registered to practice law in the State of New York stating that services provided by the PWSFs covered by the permit are considered public utility services, and the provider of such services is considered a public utility, in the State of New York. The affidavit shall also contain information supporting the statement.
(4) The Director of Code Enforcement shall renew a PWSF permit for a two-year term, provided that they find:
(a) The permittee submitted all required renewal application materials and fees;
(b) The permittee is in compliance with all terms of its permit, all requirements of this §
270-219, all other requirements of this Chapter
270 (unless expressly superseded by this §
270-219), all other relevant Ithaca Town Code requirements, and all relevant federal statutory and regulatory requirements; and
(c) Services provided by the PWSFs covered by the permit are considered public utility services, and the provider of such services is considered a public utility, in the State of New York.
(5) If the applicant is in compliance with its permit, asserts that a denial would constitute an effective prohibition, and the denial is based on a failure to comply with any of the non-federal standards in Subsection (4)(b) or (c) above, then pursuant to federal law, the Director of Code Enforcement must consider whether the facilities are the least intrusive means of addressing a significant gap in the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network). The process and requirements in Subsection (1)(c)[4
] above shall apply.
(6) If the Director of Code Enforcement denies a renewal application, a permittee may request a hearing before the Town Board upon an application made to the Town Clerk demonstrating that the permittee was entitled to renewal pursuant to the terms of this subsection. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permittee's receipt of the denial of the renewal application. Within 30 days of the permittee's written request, the Town Board shall hold a hearing to determine whether to reverse the denial. The Town Board shall issue its written decision within 15 days after the hearing.
(7) If a permittee does not qualify for renewal, the Director of Code Enforcement denies the renewal application, or upon appeal the Town Board upholds the denial, the permittee may file a new application for a personal wireless service facility permit for the permitted personal wireless service facilities at the same locations. All provisions of this §
270-219 that apply to new applications shall apply to such applications.
(8) Upon permit expiration (including where renewal is denied), the owner and operator of the PWSFs covered by the permit shall immediately cease operation of such PWSFs.
