June 27, 2022 | By BILL BULEY | cdapress.com
DALTON GARDENS — The Dalton Gardens City Council will hold a public hearing at 6 p.m. Thursday on an ordinance to regulate installation of cell towers within city limits.
Councilman Tyler Drechsel said the “Telecom Ordinance” has been two years in the making.
“This ordinance will protect the rural feel and lifestyle that the citizens of Dalton Gardens love and help to provide safeguards for all the residents,” he said. “This has been a long process and we are all excited for this ordinance to finally come to fruition.”
According to a draft of the ordinance, its purpose is to “promote the health, safety and general welfare of the people of the City of Dalton Gardens; to protect property rights; and to protect the important environmental features and scenic, historical, natural and man-made character and appearance of the City.”
It goes on to say that the city is seeking to minimize adverse impacts caused by the siting, placement, physical size and/or unnecessary proliferation of personal wireless service facilities.”
The proposed law says the installation, construction, erection, relocation, substantial expansion or material alteration of any personal wireless service facility within the City will require a special use permit.
The ordinance says that each installation at each proposed location will be reviewed and considered independently for its own characteristics and potential impacts, “irrespective of whether the proposed facility is designed and intended to operate independently or whether the installation is designed and/or intended to operate jointly as part of a distributed antenna system.”
The public is welcome to attend the meeting and offer comment.
Link To Full Article Here
Restrictive new code provisions for the City of Ithaca
- A 1500 foot setback between antennas (old code: 0 feet)
- A 250 foot setback between antennas and homes/schools (old code: 8 feet)
(Note: Although a 1500 foot setback would be better, since schools are in dense residential areas, this provision will achieve a similar result.)
- Requiring proof of a significant gap in service coverage for any antenna, proven by ‘in-kind’ testing (such as drive-by tests and dropped calls)
- Clarifying that an applicant’s claim that it needs the proposed tower for “future capacity” or to “improve coverage” is not sufficient to establish that it suffers from a significant gap in coverage
- Requiring the least intrusive methods to fill any coverage gap for antennas
- Requiring that a visual impact analysis be submitted for any new proposed antennas
- Requiring General Liability Insurance without a pollution exclusion
- Allowing for random, unannounced radiation testing for all towers done by the City at the expense of the applicant
- Including fall-zone requirements that wireless facilities are maintained at a sufficient distance from other structures and the general public
- Allowing for revocability (a clause allowing the voiding of any contract requiring its modification in the event of a regulatory change)
- Mandating certified mail notices of any proposed tower be sent to people living near a proposed site before approval, paid for by the applicant.
- Establishing a procedure for any disabled persons suffering from EHS to submit requests/grievances in accordance with the ADA
- Establishing that the codes apply to all wireless transmitting antennas, including any on private homes (aimed at the OTARD challenge)
- Deputizing any citizen to test for RF emissions
- Protecting against reductions in property values of properties situated near wireless facilities
- Requiring that everything submitted by the applicant is done so under oath and penalty of perjury
Compare 1995 and 1996 Version of TCA
The regulation of the operations of Wireless Telecommunications Facilities was never preempted from local zoning authority.