Public Hearing on Small Cell Wireless Requirements

Councilor Sabin introduced proposed Local Law No. I-2019 to amend the Code of the Town of Van Buren by creating a new Chapter 151 titled “Small Cell Wireless Deployment Requirements” and made the following Resolution, which was seconded by Councilor Tupper:

WHEREAS, proposed Local Law I-2019 has been introduced and will be considered for enactment pursuant to the provisions of the Municipal Home Rule Law; and

WHEREAS, the Federal Communications Commission (“FCC”) has issued a Declaratory Ruling and Third Report and Order, known as FCC 18-133 or the “Order,” to encourage and facilitate the deployment of small cell wireless communications facilities throughout the United States of America; and

WHEREAS, referencing several reasons and determinations as to why the deployment of small cell wireless communications facilities throughout the United States is considered beneficial, the Order is intended to streamline and accelerate the wireless infrastructure siting review process; and

WHEREAS, the Order does, however, explicitly reserve the right of local governments to impose aesthetic requirements and safety considerations upon such small cell wireless communications facilities; and

WHEREAS, by Resolution dated April 2, 2019, the Town of Van Buren Town Board expressed its desire to preserve and maintain all of its legal rights and options to address and reasonably regulate additional telecommunication technologies, including, but not limited to so called “4G” and “5G” technology, which rights and options included the ability to establish standards and requirements relative to the siting, construction, operation, maintenance, and permitting of such small commercial wireless facilities; and

WHEREAS, the Town Board desires to regulate the deployment of small cell wireless communications facilities throughout the Town in conformance with the guidance and rules set forth in the Order; and

WHEREAS, no other agency has the legal authority or jurisdiction to approve or directly undertake the enactment of a local law in the Town of Van Buren, such that there are no other involved agencies within the meaning of the New York State Environmental Quality Review Act (SEQRA) with respect to the proposed enactment of said Local Law, with the result that the Town Board shall act as lead agency in this matter; and

WHEREAS, the adoption of said Local Law is an unlisted action for purposes of environmental review under SEQRA and a Short Environmental Assessment Form (EAF) in support of this Local Law has been prepared and has been reviewed by the Town Board; and

WHEREAS, the Town Board has considered the adoption of said Local Law, has considered the criteria contained in 6 N.Y.C.R.R. Part 617.7 and has compared the impacts which may be reasonably expected to result from the adoption of said Local Law against said criteria.

NOW, THEREFORE, it is

RESOLVED AND DETERMINED that there are no other involved agencies, that the Town Board shall act as lead agency and the enactment of proposed Local Law No. I‑2019 is an unlisted action for purposes of SEQRA review; and it is further

RESOLVED AND DETERMINED, that the Town Board upon review of the EAF and proposed Local Law has determined that this action, which will streamline and accelerate the wireless infrastructure siting review process while regulating local aesthetics and imposing public safety consideration in accordance with FCC 18-133, will have no adverse impact on the environment; that accordingly, an environmental impact statement (EIS) shall not be required and that this resolution shall constitute a negative declaration pursuant to SEQRA; and it is further

RESOLVED AND DETERMINED, that the Town Board shall conduct a public hearing as to the enactment of proposed Local Law No. I-2019 at the Van Buren Town Offices located at 7575 Van Buren Road in the Town of Van Buren on October 15, 2019 at 7:00 p.m., or as soon thereafter as the matter can be heard, at which time all persons interested in the subject shall be heard.