101.2019 Set PH LL Aesthetic Standards for Small Cell Wireless Facilities
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. __ OF 2019 TO AMEND QUEENSBURY TOWN CODE
RELATING TO AESTHETIC STANDARDS FOR SMALL CELL
WIRELESS FACILITIES
RESOLUTION NO.: 101, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, the Federal Communications Commission (FCC) adopted the “Wireless
Infrastructure Order” (the “Order”) including the “Declaratory Ruling” and the “Third Report
and Order”, and
WHEREAS, the purpose of the Order was to remove regulatory obstacles that inhibit the
deployment of small cell wireless facilities infrastructure necessary for 5G and other advanced
wireless services, and
WHEREAS, the FCC recently clarified that localities that wish to enforce aesthetic
requirements for small cell wireless facilities must have these requirements published by April
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15, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2019
to amend the Queensbury Town Code to include aesthetic requirements for small cell wireless
facilities, and
WHEREAS, before the Town Board may adopt a Local Law it must hold a public hearing
in accordance with the provisions of Municipal Home Rule Law, and
WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this
Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at
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the Queensbury Activities Center, 742 Bay Road, Queensbury at 6:00 p.m. on April 8, 2019 to
hear all interested persons concerning proposed Local Law No.: ___ of 2019 which provides for
changes to the Town of Queensbury Town Code to add aesthetic requirements for small cell
wireless facilities, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
provide the public with prior notice of the Public Hearing by causing a Notice of Public Hearing
to be timely published in the Town’s official newspaper and posted on the Town’s bulletin board
before the date of the Public Hearing, and
BE IT FURTHER
RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of
Public Hearing, together with copies of the proposed Local Law if necessary, to any public
officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code
provisions, and
BE IT FURTHER
RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and
directed to take such other actions and give such other notice as may be necessary in preparation
for the Town Board to lawfully adopt proposed Local Law No.: ___ of 2019.
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Duly adopted this 18 day of March, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
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NOES: None
ABSENT: None
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