119.2019 Resolution Enacting LL 2 of 2019 - Zoning Amendment - Telecommunication Towers - Cell Towers - Antennas
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION
AND ENACTING LOCAL LAW NO.: 2 OF 2019 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING”
SECTION 179-5-130 “TELECOMMUNICATION TOWERS
INCLUDING CELL TOWERS AND ANTENNAS”
RESOLUTION NO.: 119, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
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
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requirements for small cell wireless facilities must have these requirements published by April 15,
and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2019,
A Local Law Amending Town of Queensbury Chapter 179 “Zoning” Section 179-5-130
“Telecommunication Towers Including Cell Towers and Antennas” to amend the Town Code to
include aesthetic requirements for small cell wireless facilities as presented at this meeting,
hereinafter referred to as the “legislation,” and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public
Hearing prior to the adoption of any Local Law and the Town Board duly conducted a public
hearing, heard all interested parties and closed the public hearing concerning the proposal on Monday,
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April 8, 2019, and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the proposal, and
WHEREAS, the Town Board has considered the conditions and circumstances of the
legislation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
legislation will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning
and Code Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination of
Non-Significance with respect to the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: __ of 2019, A Local Law
Amending Town of Queensbury Chapter 179 “Zoning” Section 179-5-130 “Telecommunication
Towers Including Cell Towers and Antennas” to amend the Town Code to include aesthetic
requirements for small cell wireless facilities, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the Local Law and/or Zoning Map to the Town Planning Board,
Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning
Department in accordance with §179-15-080(D) of the Town Zoning Law, and
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BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the
Local Law with the New York State Secretary of State in accordance with the provisions of the
Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon
filing with the Secretary of State.
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Duly adopted this 8 day of April, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT : None
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