2024-11-18 Naomi Melemed - Resources

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produced ionizing and non-ionizing radiation; • The following unique clause was also inserted: no new small wireless facilities, as defined in 47 CFR 11.6002 (1), shall be approved unless the applicant can establish that failure to approve such an application would violate federal or state law. This clause was inserted to allow the City of White Plains to deny an application if federal law continues to uphold the `significant gap' provision. At the same time, it allows the Clty to approve an antenna if the law changes; • Link to White Plains New York Ordinance PDF Ithaca New York Ordinance • A 1500 foot setback between antennas (old code: 0 feet) • A 300 foot setback between antennas and homes (old code: 0 feet) • 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" is not sufficient to establish that it suffers from a significant gap in coverage • Requring 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 • 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 (OTARD) • Protecting against reductions in property values of properties situated near wireless facilities • Requiring that the submittal of key items by the applicant is done so