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The original item was published from 11/15/2020 3:59:21 PM to 12/20/2020 12:00:00 AM.

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T&V - Niles News

Posted on: November 15, 2020



November 12, 2020

            WHEREAS, Board Member Juli has introduced for consideration Local Law No. 2 of 2020 entitled “Adoption of the Town of Niles Moratorium on Wireless Telecommunication Towers.”

            WHEREAS, the Town of Niles (the “Town”) desires to adopt a local law declaring a moratorium for ninety (90) days, with the right to extend the moratorium by resolution for an additional ninety (90) days at the Town Board’s sole discretion, on Site Plan Review applications under Chapter 170 of the Town of Niles Code as such applications relate to use of the land for the construction or erection and location of wireless telecommunication towers (the “Local Law”); and

            WHEREAS, the purpose of the moratorium is to allow the Town time to create and adopt a local law that addresses land use requirements for the construction or erection and location of wireless telecommunication towers; and

            WHEREAS, when reviewing a proposal for a wireless telecommunication tower, the Town of Niles Planning Board (the “Planning Board”) should take into account the surrounding land uses to determine the suitability of the proposed use in a given location; and

            WHEREAS, because the use may have visual impacts on surrounding lands, the Planning Board should impose additional setback requirements to minimize such impacts; and 

            WHEREAS, the Town desires to comply with the requirements of the New York State Town Law and shall schedule a public hearing to be held to allow the public to comment on the new law; and

            WHEREAS, once drafted, the Town intends to refer the proposed new local law to the Cayuga County Department of Planning and Economic Development for review and comment; and

            WHEREAS, the Town Board desires to comply with the requirements of State Environmental Quality Review Act (“SEQRA”) and its implementing regulations set forth at 6 NYCRR Part 617, and Section 239 of the General Municipal Law, with respect to the proposed law; and

            NOW, THEREFORE, BE IT RESOLVED that the Town Board will hold a public hearing on December 10, 2020 at 7 p.m. to hear all persons interested in the above- referenced Local Law and to consider the adoption of such Local Law; and

            BE IT FURTHER RESOLVED that once a draft of the Local Law is complete, the Town Clerk shall refer the proposed Local Law to County Planning for its review pursuant to General Municipal Law Section 239;and

            BE IT FURTHER RESOLVED that the Town Board hereby preliminarily classifies the proposed Local Law as Type II Action under SEQRA; and

            BE IT FURTHER RESOLVED that the Town Clerk shall cause notice of such public hearings to be published in the official Town newspaper in accordance with all legal requirements.

The adoption of the foregoing Resolution was moved by Councilman Cuddeback, seconded by Councilman Edmonds, and duly put to vote, which resulted as follows:

Joan Jayne                       Voting Aye

Clarence Edmonds          Voting Aye

Steven Cuddeback          Voting Aye

Joseph MacDuffee          Voting Aye



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