 Fishkill Adopts Cell Tower Ordinance, Protects Residents
The Town Board met for its final regular meeting of 2021 on Wednesday, December 15. At the meeting, the Board adopted a cell tower ordinance to protect Fishkill residents' rights against cell companies.
Attorney Andrew Campanelli, of Campanelli and Associates, PC, drafted the law for the Town, and said the law gives the Planning Board a framework for review of applications by cellular carriers who claim they need to install new facilities in the Town, including cell towers or small-cell 5G facilities.
"Just because a carrier comes in or a site developer comes in and says 'We have a significant gap,' you don't have to take that at face value," Campanelli said. "They need to offer proof, and it's up to the Planning Board to determine as a question of fact, whether or not they've proven they need that facility at that location."
Town Planner Liz Axelson assisted in the review of the Local Law, and said she was impressed with Campanelli's work.
"It's a very excellently crafted law," Axelson told the Board at Wednesday's Public Hearing, which was closed prior to the Town Board's vote to adopt the law.
The law represents the Board's final piece of legislation of a two-year run in which more than a dozen Local Laws were adopted to protect and enhance the quality of life of Fishkill residents, including the following:
- Term Limits - This law established a limit of two terms for Town Board and Town Supervisor, ensuring new individuals and ideas have the opportunity to serve, becoming one of the strongest term limit laws in the State of New York.
- Police Discipline - This law guarantees that all officers are treated equally during the disciplinary process, protecting their rights throughout all phases of discipline.
- Public Hearing Notice - This law was adopted to improve the notice of Public Hearings to the residents of Fishkill, including extending notification requirements to the Town Board.
- Chapter 150 (Zoning) - Sweeping changes were made to this section of Town Code, protecting residents, updating code to reflect best practices, and placing a burden of responsibility on developers through the requirement of performance bonds.
- Chapter 132 (Subdivision) - Code was updated to recognize a difference between the subdivision of a parcel to create new parcels, and the realignment of lot lines on existing land parcels.
- Sale of Town-owned land - This law gives the residents of Fishkill the veto on the sale of land owned by the Town, by requiring the Town Board to initiate a public vote to approve or deny the sale. This protects the citizens of Fishkill from the Town selling land against the public's wishes.
- Aquifer Protection - By adopting an aquifer protection overlay zone, the Town Board made a strong statement of intent to preserve and protect the water supply for Fishkill, both now and in the future, to ensure residents will always have a reliable supply of safe, healthy drinking water.
- Historical and Cultural Preservation - Fishkill's tremendous and unique history, and our Town's significance in the story of our nation, deserves protection and preservation. This law provides safeguards of our most significant cultural and historical resources - both those which are known and those which are yet to be discovered.
- Cell Tower Ordinance - Wednesday's law arms the Town of Fishkill with the strongest protection under federal communications laws, giving the Town Planning Board the authority to review and scrutinize future applications for communications facilities.
Town Supervisor Ozzy Albra said the local law is a critical protection for the residents of Fishkill.
"This is a safeguard for the citizens of Fishkill, and without this we could see cell companies coming and placing their towers all over the Town of Fishkill," Supervisor Albra said. "We are already seeing this type of activity in other towns, and that's why it was so important to adopt this law here in Fishkill."
Councilwoman Jackie Bardini said the law's extensive provisions and protections are a product of Mr. Campanelli's expertise on cellular communications law.
"We were fortunate enough to find Mr. Campanelli, the premier expert on the matter, so we can protect the people of the Town in the most effective way within the parameters of federal law," Councilwoman Bardini said.
Councilwoman Bardini spearheaded the Town Board's efforts on this law after being contacted by more than 100 residents who expressed concerns and requested the Board look into cell towers.
"I want to thank these residents who came together and asked us to do something to help them," Councilwoman Bardini said.
Councilwoman Kenya Gadsden echoed Councilwoman Bardini's sentiments, adding that she is proud to serve on a Town Board which listens when residents speak.
"I'm just happy we were able to be inclusive and responsive to the residents who came to us with their concerns and draft this law to give the protection they need," Councilwoman Gadsden said.
Residents with questions about the local law can contact Supervisor Albra by email at supervisor@fishkill-ny.gov, or by phone at Town Hall at (845) 831-7800 ext. 3309.
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