Scarsdale, New York Passes Wireless Ordinance To Limit Cell Antennas 500 Feet From Homes, Schools and Daycares
Strengths of Scarsdale, NY Telecom Ordinance
- Pre- and post-installation RF testing requirements by independent contractor; additionally, routine annual monitoring
- Pre-notification of small cell application to residents within a 1,000-foot radius of proposed installation
- Pre-notification of small cell application to President-At-Large of the neighborhood association and to the president of neighborhood association in which the wireless facility is proposed
- Location preferences (restricted zones) that require special exceptions for installations
- Any location within 500 feet from a residential dwelling unit
- Any location within 500 feet from a daycare facility or school
- Any location within 500 feet from a house of worship
- Any location within parkland
- Village is insured against any liability for personal injury or property damage or claims pertaining to RF exposure
- Existence of appeals process (de novo hearing in front of Planning Board)
From coast to coast, local governments are taking action to protect their communities from the unfettered deployment of 4G and 5G “small cell” wireless facilities. Several cities are passing ordinances that strictly limit the buildout.
Los Altos, California passed an ordinance that prohibits installation of small cells on public utility easements in residential neighborhoods and has 500 foot setbacks for small cells for multi-family residences in commercial districts.
Ithaca New York’s code calls for 250 foot setback between antennas and homes/schools and requires proof of a significant gap in service coverage for any antenna, proven by ‘in-kind’ testing (such as drive-by tests and dropped calls). Read more here.
Other communities that have passed ordinances to restrict cell antennas near homes and schools include numerous cities in California such as Petaluma, Mill Valley, Malibu, Santa Barbara, Encinitas, Fairfax, Palo Alto, Walnut City and San Diego County as well as Bedford New Hampshire, Mason Ohio and more.
At the Federal level, regulations have moved forward to strip the rights of state and local governments to regulate the 5G build out. The FCC voted to fastrack 5G and 4G small cell infrastructure with new rules put forward in 2018 and 2019. Communities who want to restrict the buildout of cell tower networks with protective setbacks are limited by these federal rules.
At the state level about 30 US states have laws in the books that also fasttrack installations and strip the authority of counties, cities and towns. This state small cell legislation streamlines the application process to access public rights of way, puts caps on costs and fees and tightens timelines for consideration and processing of cell siting applications. At the local level, cities are putting forward ordinances that remove setbacks that were in place for large cell towers and put in new setbacks such as 10 to 30 feet, allowing cell towers right near homes.
State Investigations Recommend Reducing Exposure
The New Hampshire Commission to Study the Environmental and Health Effects of Evolving 5G Technology released its final report with 15 recommendations to reduce public exposure, increase transparency and strengthen federal regulations. The New Hampshire 5G Report recommends US federal agencies coordinate “to protect people, wildlife, and the environment from harmful levels of radiation” and states “until there is Federal action, New Hampshire should take the initiative to protect its environment.” The Commission recommendations include a public education campaign on reducing exposure, replacing Wi-Fi with wired (not wireless) networks in schools and independently funded health studies.
