Local Tower Laws Designed to Empower Town

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Intending to amplify its voice in cell tower placement decisions, the town of Huntington in Long Island, NY, has recently legislated provisions to sculpt wireless development to their liking. As JDSupra.com reports, the town’s ruling is an acknowledgement that telecoms are here to stay. However, Local Law No. 15 of 2021, gets very picky about how it wants providers to operate within Huntington’s jurisdiction.

The first thing Huntington does is prioritize the type of development it would prefer to see, with modifications of existing delivery systems taking precedence over new construction. At the top of the desirable situation list is the use of pre-existing units in commercial and industrial locations that can be adapted to host additional equipment. Municipal locations outrank privately owned locations. 

New construction is the least preferable option, with residential communities being discouraged, and certain locations designated as “sensitive” and subject to more stringent guidelines. When new units are needed, Huntington has specified which paint colors are allowed for new pole attachments. An entirely new unit is required to operate in stealth mode, disguising itself as a streetlight or hiding in a church steeple.

If a section of town is labelled as a “Hamlet Centers” or “Sensitive Location,” additional restrictions apply. Cell tower installation in a Hamlet Center cannot be visible at street level. Small cells must be placed at roof level, preferably where they cannot be seen. A “Sensitive Location” is one deemed to have aesthetic or historical relevance and grants the Town Board to review and influence decisions in that zone.

As Huntington’s local law is fresh on the books, it has not yet faced a legal challenge.  JDSupra.com speculates that other small towns are watching, curious to see if regional pronouncements will hold any sway over federal rulings. 

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