Documents

local law 6 pages

Also attached to this agenda item: CAF - LL Intro 5 of 2024 Draft Telecommunication law 3.2024 LWRP Policy review sheet2014withSECIV SEAF 1 - LL Intro 5 of 2024 croton-on-hudson infrastructure and coverage 9-18-2023

VILLAGE OF CROTON-ON- HUDSON, NEW YORK WIRELESS FACILITIES CODE RECOMMENDATIONS November 2023 © 2023 Televate, LLC. All rights reserved. Background • Current Village code dates back to 1998 • Since 1996, Federal law has sought to make it easier for communications providers to secure wireless facilities • Telecommunications Act of 1996 – “local government … shall not prohibit … the provision of personal wireless services” • FCC Order to address section 6409(a) of the Tax Relief Act of 2012 regarding substantial vs. non-substantial modification to sites • FCC 2018 5G Order establishing expedited process for local review, creation of “small wireless facility (SWF)” category of sites, shot clocks, fees for SWF, updating state and local rules • Updated FCC guidance regarding exemptions for environmental evaluation including RF emissions health safety and RF evaluation updates (2017, 2020) © 2023 Televate, LLC. All rights reserved. Establish New Code Soon • Establish a new code as soon as possible to account for recent law and formalize the process that complies with the state and federal law. Hire an attorney who specializes in wireless facility siting to draft • Current code does not address current federal law, and does not codify collection of information that is within the purview of the Village to review • Ensure the code addresses the process to secure the Village’s rights to regulate wireless facility siting, collect the appropriate decision-making materials from the site builders, and establish a framework for decision making • Health (RF Emissions Compliance) • Safety (Setbacks) • Aesthetics © 2023 Televate, LLC. All rights reserved. Address Aggressive Timelines in Code • New federal law has “Shot Clock” Requirements dictate how long local jurisdictions have to review applications Type Shot Clock (days) Small Wireless Facility – Colocation Small Wireless Facility – new structure Non Small Wireless Facility - Colocation Non Small Wireless Facility – New Non-Substantial Modification* *Local review only allows for determination of the site meeting non-substantial modification © 2023 Televate, LLC. All rights reserved. Recognize the Village’s challenging terrain • The rough terrain in the Village makes application of typical site coverage norms difficult to apply to Croton-on-Hudson • Sites within a mile may provide no assistance whatsoever to coverage holes in the Village (e.g., Yorktown Road). Recognize that nearby sites may not help. • Wireless site height realities • Sites below the tree line and below the ridge line will substantially reduce the coverage area of a site, requiring more sites to serve the area • Each carrier requires its own equipment and vertical real-estate on the tower/pole – generally 10 feet of vertical space per carrier • Hessian Hills proposal from Homeland Towers – 140’ tower • T-Mobile’s preliminary analysis requiring two 150’ towers at Hessian Hills and 10 Gerstein Street to provide “coverage in the entire town boundary” Thank You! QUESTIONS? JOE ROSS Senior Partner/Project Manager jross@televate.com RICK BURKE Managing Partner rburke@televate.com