Does the Village have the legal authority to block the Cell Facility?
No. Cell facilities are regulated by federal law, and the Village has virtually no authority in this matter.
Can the Village regulate the level of Radio Frequency (“RF”) emissions from the Cell Facility?
No. RF emissions are set by federal law, and the Village has no authority to challenge a facility that otherwise complies with federal law.
Can the Village require Extenet to demonstrate its RF emissions fall within federal safety standards?
Yes. The Village has already required Extenet to certify that the Cell Facility’s RF emissions fall within federally mandated safety limits.
Has Extenet certified that the Cell Facility’s RF emissions fall within federal safety limits?
Yes. Extenet has certified that the Cell Facility’s RF emissions shall be less than one per cent of the federally allowed limit.
Will the RF emissions from the Cell Facility be at ground level?
No. Extenet has certified that all RF emissions will be at least thirty six (36) feet above the height of a six (6) foot tall person standing under the Cell Facility.
Why will the Cell Facility be in the shape of a flagpole with a pedestal?
Your Board negotiated with Extenet to have the Cell Facility comprised within a flagpole and a ground pedestal as the most aesthetically pleasing alternative, in keeping with the Village’s colonial architecture, and thus avoiding an unsightly and obtrusive cell tower or utility pole.
Has Extenet demonstrated a need for this Cell Facility within our Village?
Yes. Extenent has provided evidence, as required by federal law, to demonstrate its need for the Cell Facility within our Village, and that Extenet has no viable alternative to the proposed location.
Has Extenet certified that it has explored alternatives to placing this Cell Facility at this location, and within our Village?
Yes. Extenet has provided evidence, again as required by federal law, to demonstrate it has explored alternatives both within and outside our Village, and the proposed site is the only viable location.
Has Extenet certified that it will construct and operate the Cell Facility in accordance with applicable federal law?
Yes. Extenet has certified that the construction and operation of the Cell Facility will comply with applicable federal law.
Why the proposed location on the Village-owned triangle at the intersection of Park Avenue and Manhasset Woods Road?
Extenet originally proposed to place the Cell Facility on a utility pole in front of a private home. Your Board negotiated with Extenet to place the Cell Facility on public property and not in front of a residence.
Does the present application by Extenet permit it to erect additional cell facilities within the Village?
No. The current application is limited to this one site. If Extenet wishes to place additional cell facilities within the Village, Extenet must make a new application, which will be subject to the same laws and review process discussed here.
Will the Cell Facility improve cell phone coverage?
Yes. Extenet has represented that this Cell Facility will improve coverage for cell phones and similar electronic devices, and will accommodate new advances in wireless technology.
Will the Cell Facility affect real estate values?
Extenet has provided evidence that the Cell Facility will not negatively affect real estate values, but rather should enhance them, given the improvement in telecommunications.
Are neighboring villages dealing with this issue?
Yes. Extenet has filed applications for multiple cell facilities with Flower Hill, Plandome, Manor, Plandome Heights, and more. It must be emphasized that local authority in this matter is severely limited by federal law. Nonetheless, as described above, your Board protected the interests of residents by, among other things, negotiating for the cell facility to not be in front of a residence, to assure Extenet certifies compliance with federal safety standards, and so forth. Notably, and as mentioned, other villages are dealing with applications for a dozen or more cell facilities, whereas the Village is dealing with only one at this time.
Is the Village permitted to charge Extenet a fee for placing this cell facility within the Village?
Yes, but in a very limited amount. Once again, federal law strictly controls, and it sharply limits any fee the Village might charge to a very modest amount. The precise dollar amount is still being discussed, and will be stipulated via contract. To be sure, the paramount concern of your Board has been and will always be the best interests of the residents, and not revenue.
When will the construction of the Cell Facility commence, and how long shall it take?
The exact start date of any construction is, of course, dependent upon completion of the Village review process. With respect to the duration of any work, we have inquired of Extenet as to a time frame. Please look for further updates from your Board.
Will construction of the Cell Facility negatively impact residents?
Your Board has emphasized to Extenent that it must take all steps necessary and appropriate to minimize any disruption or inconvenience to residents during construction of the Cell Facility.
Will the Board require Extenet to appear at a public hearing, and will the Board hear evidence from Extenet’s representatives at that public hearing?
Yes. Your Board is requiring Extenet to appear at a public hearing. At that hearing, Extenet will be required to have its representatives publicly testify with respect to many of the matters set forth above.
When would construction commence?
If and when the Village approves the Extenet application for the cell facility, thereafter Extenet will contact PSE&G and Verizon to “walk the site,” i.e., to coordinate with the other utilities. If the site does not require any preparatory work, then the utilities typically issue their own licenses within 45 days. If preparatory work is required, then that time frame is naturally extended.
Once the other utilities give permission, the cell facility is typically installed within seven (7) days.
How long would construction take?
Extenet’s construction for the cell facility should take approximately 4-8 hours. Thereafter, Verizon must place and splice fiber cable to the cell facility.
What steps will Extenet take to minimize disruption to traffic and inconvenience to residents?
Construction will be undertaken after the morning rush hour, and Extenet expects work to be completed prior to 3 P.M. the same day. Signs, cones, and traffic signals shall be employed in order to assure safety and good order. Prior to commencing construction, Extenet will give notice by distributing written flyers to nearby residents.