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Home My WebLink AboutLL 2009 #13r.e~ USAirbill ,~,,.%~ 8663 9461 6297 Express 10~7-702~-8 Comp,n~TOWN OF SOUTHOLD Add~= 530c~5 ROUTE 25 ¢~SOUTHOLD s~ NY zm 11c~71 ~ To Recipiem's L' I 0384625653 FedEx [] FedEx Pak* [] FedEx [] FedEx 8 Residential Delivery Signature Options .~ r~q~iro · ~r~,~k ~r~ ~r Ind"~- ,I, ELIZABETH A. NEVII.LE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2009 Fed Ex Local Law No. 13 & 14 of 2009 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified, .REVISED copies of Local Law No. 13 & 14 of 2009 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Enclosures cc: Town Attorney Lynda M Rudder Deputy Town Clerk NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY? NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. I~ County Cl City [] Town of SOUTHOLD Cl Village Local Law No. 13 of the year 2009. A Local Law entitled, A Local Law in relation to Amendments to Wireless Communications Facilities Be it enacted the Town Board of the: [] County rn City [] Town of ~n Village SOUTHOLD I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. §280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. {}280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. {}280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discemable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency 3 engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product ora wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless conununication facilities. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. All wireless communication facilities, and modifications to such facilities (as defined in §280- 69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in §280-69. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). (3) Lands purchased with Community Preservation Funds; (4) Coastal Erosion Hazard Areas; (5) Designated parkland. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. 4 Federal Aviation Regulations. All wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts: LI, LIO, MI, Mil, B, and HB, are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. ft. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co-location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. §280-71. Required approvals. All wireless facilities and modifications thereto require a building permit, site plan approval and special exception approval except in cases of ordinary maintenance as defined in §280-69. A. Building Permit Required. (1) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval, if it conforms to §280-70 and falls into one of the following two categories. (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms to the following requirements: i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; or 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences; or (b) Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71A(2)(a)(ii) B. Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: (a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms to the following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the faq:ade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); or (b) Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, L10, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements: for permitted use in §280-72. i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii). C. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building faCade, shall be flush mounted and painted or otherwise treated to blend with the fa~;ade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility fi.om public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) (3) (4) (5) (6) (7) (8) (9) (10) Access. Access to wireless facilities shall be from already established site access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side ora street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10' above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commemial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-73. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV of the Scutkold Tzv,.~ Code this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. Standards. In addition to the standards in Article XXV of this Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally-owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. Expiration. Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to l0 provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. §280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees a. Modification $500 b. New facility $750 (2) Site Plan Application Fees a. Modification. $1000 b. New facility $2000 (3) Special Exception Application Fee $1000 (4) Review by independent consultants. a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. b. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. c. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in §144-8 (C). Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). Written documentation as to the facility's structural compliance with local, State and Federal Codes. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. Propagation maps shall be submitted for existing coverage from existing surrounding (2) and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. e. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. f. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the G1S technology currently in use by the Town of Southold. g. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. h. Other information deemed necessary to assess the compliance with this law. Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Site Plan Application. The following application requirements are in addition to those required in §280-133: (1) Seven copies of the completed Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed meansofaccess 12 (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) (2) (3) (4) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co-locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shah include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. The applicant must also explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. 13 Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former §280-76 moved to §280-71 (M) of this Amendment. §280-76. Removal and height reduction. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the properly upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general wel fare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280-77. Pre-existing antenna support structures and antennas. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The 14 issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co- locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. §280-78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280~70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre- existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. §280-79. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §280-80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 13 of 20 09 . of the (Cz::n.~')(C'~.~')(Town) (V~ag:) of SOUTHOLD was duly passed by the TOWN BOARD on October 20~ ,20 09 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 __., and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20__ in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approvedXnot approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 17 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __, became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk o~t~e County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: November 23~ 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law co--ct text and have been had or taken for the enactment of the local law annexed~~x_ Signatur~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: November 23~ 2009 that all proper proceedings [::3 C3 C3 LL~j~ ~ ~ ~ ! ~CL ~ ~ postage $ Cedified Fee ~ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endersement Requimq) Total Postage & Fees ~ Igb-~ecla Lasch k'rincipal Clerk I L ._N..Y...S..__D__.O...~_..State..REco~.ds..~...La~__~u:~a -1 -, .¥ ' 231-000i' . ................ ] · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Linda Lasch NYSDOS State Records One Commerce Plaza 99 Washintgon Avenue Albany, NY 12231-0001 [_aw X [] Agent [] Addressee B. Received by ( Pdnted Name) C. Date of Daiivery D. Is delivety address diffe~er~ from item l ? [] Yes If YES, enter daiivety address below: [] No 3. Service Type J~Certifled Mall [] Express Mall [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer f~m service/abe/) 7009 0820 0001 7820 7290 PS Form 381 1, February 2004 Domestic R~{um Receipt 102595-02-M-1~40 I~RTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulseCWtown.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD R£CEIV~D MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: November 16, 2009 Subject: LL/Amendments to Wireless Communications Facilities SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. have retained a copy of this document in our file. We Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. Ilk Enclosures cc: Members of the Town Board (w/encls.) Martin D. Finnegan, Town Attorney (w/encls.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)pficant or Proiect Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southo,d /A~ Local L. aw. in re_lati?.to Amendments to Wireless 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent [andmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Proposed amendments to Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" 7. AMOUNT OF LANDAFFECTED: Initialty NA acres Ultimately NA acres 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? Des~[~]be:Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: New York Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [] Yes No /¢)c ~ CERTIFY THA~)~E ~NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: r"~(..~f,~.~, ~ ~'~)(~LJ(~ //(.~ Date: 10/]9/09 If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceeding with th s assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD tN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [--]Yes [~No B. VVILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. r'~ Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) irraversibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all retevant adverse impacts have been identified and adequately addressed. If question D of Part Il was checked yes, the determination of sig nificanca must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potenfially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. ] Check this box if you have determined, based on the information and analysis above and any supporting documentabon, that the proposed acti°n WI LI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior Town of Southold Town Board Name of Lead Agency S}gna~ur~ of Responsible Officer in Lead Agency 10/19/09 Date Supervisor RESOLUTION 2009-865 ADOPTED DOC ID: 5382 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-865 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20, 2009: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "._~A Local Law in Relation to Amendments to Wireless Communications Facilities" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Vincent Orlando, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTI~S-V/~,ZQUEZ SECRETARY OF STATE November 4, 2009 Lynda M Rudder Deputy Town Clerk Town Hail, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED NOV - 9 2009 Soufhold Town (:Ierk RE: Town of Southold, Local Law 13. 2009, filed on November 3, 2009 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US * E-MAIL:INFOI~DOS.STATE.NY.US ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 30, 2009 CERTIFIED MAIL RE: Local Law No. 13 of 2009 Town of Southoid, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 13 of 2009 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. IZl County [] City [] Town of [] Village SOUTHOLD Local Law No. 13 of the year 2009. A Local Law entitled, A Local Law in relation to Amendments to Wireless Communications Facilities ~Be it enacted the Town Board of the: ~ County rn City [] Town of [] Village SOUTHOLD I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. 4~/IRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. §280-67. Purpose. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of · wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. Q280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the ;. pgrpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular ~!ephone towers, camouflaged tower structures, and the like. The term includes the structure and any support ~. thereto. The term does not include wireless facilities located in or on existing buildings or structures that ,r~viously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric ntfltty pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power sUPPlies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of ir~smitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. 2 :FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). :LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discemable ~nmpOnents or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, cing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (corlocation) to a wireless communications tower or site is a modification. Modifications also include: Cx,[e. nding the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing Carrier's antenna army, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ~ordinary maintenance, as defined herein. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roofofa building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED ~ Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. oRDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna SUpPOrt structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIo FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency 3 engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product ora wireless antenna. The RF radiation is the by-product. ~WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment; either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commemial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) ~ervice, and paging service. §280-70. General requirements for all wireless communication facilities. Ao No wireless communication facility shall be used, erected or altered in the Town of Southold .~ except in accordance with the provisions of this article and any other applicable sections of the Town Code. All wireless communication facilities, and modifications to such facilities (as defined in §280- 69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in {}280-69. No new antenna support structures may be constructed without a carder licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant, or the co-applicant for any proposed new wireless communication facility, co-location or modification. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). (3) Lands purchased with Community Preservation Funds; (4) Coastal Erosion Hazard Areas; (5) Designated parkland. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal tO · a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. 4 Federal Aviation Regulations. All wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts: LI, LIO, MI, MII, B, and HB, are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. fi. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent . radio frequency engineer retained by the Town to provide such determinations. 5 At the request of the Building Inspector, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter; Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co-location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. Base equipment shelter landscaping. A screen of evergreen trees shal! be planted outside the fence of the telecommunication tower base area to provide a visual, ~, screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. §280-71. Required approvals. All wireless facilities and modifications thereto require a building permit, site plan approval and special exception approval except in cases of ordinary maintenance as defined in §280-69. A. Building Permit Required. (1) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval if and falls in one of the following two categories: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms to the following requirements: i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond , ~ an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; or 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences; or (b) Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71A(2)(a)(ii) B. Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. 7 (2) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: (a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the faCade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); or (b) Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements: for permitted use in §280-72. i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii). C. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280~71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. A280-72. Site plan approval. · Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits . the applicant to achieve its service needs. To that end, the following design standards shall apply to all ~ wireless communication facilities installed or constructed that require site plan approval: (I) Camouflage on buildings. Wireless antennas, if mounted on a building faCade, shall be flush mounted and painted or otherwise treated to blend with the fa¢ade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) (3) (4) (5) (6) (7) (8) (9) (lO) Access. Access to wireless facilities shall be from already established site access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter ora dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' ora scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). Ifa wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral . color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may pmtrudeno more than 10' above screening buildings and/or trees. Inthe absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-73. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV of the S,~uthz!~ Tv-:.= Cofie this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. Bo Standards. in addition to the standards in Article XXV of this Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (I) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally-owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to he the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. Do Expiration. Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to l0 provide adequate service, and that there is no reasonable altemative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. §280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees a. Modification $500 b. New facility $750 (2) Site Plan Application Fees a. Modification. $1000 b. New facility $2000 (3) Special Exception Application Fee $1000 (4) Review by independent consultants. a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. b. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ~A of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. c. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and~ an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in §144-8 (C). Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). Written documentation as to the facility's structural compliance with local, State and Federal Codes. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. Propagation maps shall be submitted for existing coverage from existing surrounding (2) and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. e. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. f. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. g. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. h. Other information deemed necessary to assess the compliance with this law. Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Site Plan Application. The following application requirements are in addition to those required in §280-133: (1) Seven copies of the completed Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) (4) (5) (6) (7) (8) (9) (lO) (11) (12) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. Adjacent land uses, structures and zoning within 500 feet. The location in latitude and longitude, type and height of the wireless communication facility. A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. A photo of the facility, if already existing. Location of landmarks listed by federal, state or Town agencies within 300 feet. Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways Fall zone radius and distance Proposed means of access 12 (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co-locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. (3) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses. and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. (4) The applicant must also explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in 0. more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. {}280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. 13 Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former §280-76 moved to §280-71(M) of this Amendment. {}280-76. Removal and height reduction. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the' property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandomnent or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govem the subject of removal of wireless communication facilities in this chapter. §280-77. Pre-existing antenna support structures and antennas. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The 14 issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co- locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. ~280-78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) Iftbe structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre- existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. §280-79. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall he adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. >.80-80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 13 of 20 09 . of the ~(Town) (\q~[a?~:) of SOUTHOLD was duly passed by the TOWN BOARD on October 20~ ,20 09 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that thc local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Villagc) of was duly passed by the on 20 __., and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 __. Such local law was submitted to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20__, in accordance with the applicable provisions of law. · , A. (Subject to permissive referendum and final adoption because no valid petition was filed requesting e ~ referendum.) hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20__ , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. ~'Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 17 5. (City local law concerning Charter revision proposed by petition.) ! hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe qualified electors of such city voting thereon at the (special)(general) election held on 20 ___, became operative. 6. (County local law concerning adoption of Char~er.) i hereby certify that the local law annexed hereto, designated as local law No of 20 __ of the County of State of New York, having been submitted to the electom at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. ' other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. Clerk ~f th~t~u-n~ty legislative body. Citj. ~'~wn or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: October 27~ 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) ' T^TE or COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains th~ext and that all proper proceedings have been had or taken for the enactment of the local law annexed heret~.~ Signature Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: October 27~ 2009 RESOLUTION 2009-867 ADOPTED DOC ID: 5386 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-867 WAS ADOPTED AT THE REGULAR MEET1NG OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009 a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons were given the opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby accepts the three (3) recommendations of the Southold Town Planning Board found on pages 2 and 3 of the Planning Board memo of October 17, 2009, regarding this proposed Local Law and hereby ENACTS the proposed law incorporating said changes entitled~ "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 13 of 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. Resolution 2009-867 Board Meeting of October 20, 2009 WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either i~dividually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the p ision of i eless service roy any w r ..... §280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 2 Resolution 2009-867 Board Meeting of October 20, 2009 electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including ~clf ...... .~;~ ~.,;~, ............. ,4 .......... monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discemable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discemable components, vehicular access, parking and/or an upgrade or replacement of Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 3 Resolution 200%867 Board Meeting of October 20, 2009 the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. Modification: ~ha!! be c!assi~cd a~ major cr m:,ncr. A MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof ora building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 4 Resolution 2009-867 Board Meeting of October 20, 2009 removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product ora wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. .{280-70. General requirements for all wireless communication facilities. A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. B. All wireless communication facilities, and modifications to such facilities (as defined in .{280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in .{280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in .~280-69. A.C. No new antenna support structures may be constructed without a carder licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. B.D. Guyed or lattice antenna support structures are prohibited. __G.E. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies.' (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). (4-)(3) Lands purchased with Community Preservation Funds; ¢5~ (4_)Coastal Erosion Hazard Areas; (6)(5) Designated parkland. D.F. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 5 Resolution 2009-867 Board Meeting of October 20, 2009 equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. Federal Aviation Regulations. All t~3wer~ wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts: LI, LIO, MI, MII, B, and HB, are subject to the following restrictions: (1) Minimum lot size: : ~ T · ·tao & un in accordance with the bulk schedule for each zone ii. M! & MI! 209,090 sq. ~. (2) Maximum Height: gO feet (3) Minimum distance of all wireless equipment to adiacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. ft. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and (5) Noise from base equipment, includin~ any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. emissions must fall within the Maximum Permissible Exposure (MPE) (6) /4.J. Radio limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 6 Resolution 2009-867 (3) Board Meeting of October 20, 2009 Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. fth ildi At the request o e Bu n nspector, .... r .... ~ .... , .... v ....... owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (l) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co- location, the facility may be up to 1,000 square feet. The base Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 7 Resolution 2009-867 Board Meeting of October 20, 2009 equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. §280 70 71. A~:~.:~:. ..... :..~ · ~e~- ......... ~, ~. .......... u:c: Required approvals. All wireless facilities and modifications thereto require a building permit, site plan approval and special exception approval except in cases of ordinary maintenance as defined in §280-69. Building Permit Required. (_1) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 8 Resolution 2009-867 Board Meeting of October 20, 2009 and special exception a_p_proval if it ~.c^__n ~ c~.~..,:~ e~.~ .oa ........... to .............. ,,_~ .......... 70 and falls in one of the following two categories: (g) (a_) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts Which conforms to the following requirements: .v, v ................ ~ ..... i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; o~r 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences; or (3) (b) x~:~,..~,j,~, Modification, as defined in §280-69,. including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the lollow~ng reqmrements: ,v, v ............. in ~ 7~. i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior- mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, includin~ all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 9 Resolution 2009-867 Board Meeting of October 20, 2009 Requirements. (2) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: (~-)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the ..... : .......c ..... :**~,~ .... :~ ~-,o9 72 following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the faqade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); o_!r (g)(b) ,,,,~,~,~"~:~ Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements: for permitted use in §28O-72. i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval; and ii. Base Station Equipment (as specified above in 280-71 A£2)(a)(ii). C. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XX1V and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 10 Resolution 2009-867 Board Meeting of October 20, 2009 design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (2) (3) (4) (5) (6) (7) Camouflage on buildings. Wireless antennas, if mounted on a building facade, shall be flush mounted and painted or otherwise treated to blend with the faqade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. Access. Access to wireless facilities shall be from already established site access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 11 Resolution 2009-867 (9) (10) Board Meeting of October 20, 2009 structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adiacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10' above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written ~uarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-7_~3. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV of .... Scuthc!~ .......... th~s Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this Standards. In addition to the standards in Article XXV of this C-ode-Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 12 Resolution 2009-867 Board Meeting of October 20, 2009 public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. ........... ,~xv~radon. Any special exception approval granted ~der this a~icle shall have a te~ of five Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 13 Resolution 2009-867 Board Meeting of October 20, 2009 years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. §280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees ii.a. Mai c,r modification $500 iii.b. New facility $750 (2) Site Plan Application Fees La. Major Modification. $1000 ii.b. New facility $2000 (3) Special Exception Application Fee $1000 (4) Review by independent consultants. In al! case: ':,'here the Te-:,,~ determines that a a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. b. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ~A of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. The consultants will work under the direction of the Town Planning Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 14 Resolution 2009-867 Board Meeting of October 20, 2009 Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in § 144-8 (C). Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-700). Written documentation as to the facility's structural compliance with local, State and Federal Codes. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. h. Other information deemed necessary to assess the compliance with this (2) law. Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 15 Resolution 2009-867 C. Site Plan Application. Board Meeting of October 20, 2009 The following application requirements are in addition to those required in §280-133: (1) Seven copies of items a c !:.ste~ alive at ~2~0 72E(!) the completed Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 16 Resolution 2009-867 Board Meeting of October 20, 2009 (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. {4)(3) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. doc ................ (8)(4) The applicant must also explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 17 Resolution 2009-867 Board Meeting of October 20, 2009 above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former §280-76 moved to §280-71 (M) of this Amendment. §280-7~7 76. Removal and height reduction. __Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed ithi th ildi g I '"~'*' w n the said 90 days, eBu n nspectorsmay,. E,~ard, give the o~er notice ~at ~less the removal is accomplished within 30 days, the Tom will cause the removal at the owner s expense. *~ ....... :~..:~_ ~:~: ......,~, .~;o ~:~ All costs and expenses incuged by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the l~d on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the prope~y, or if the o~er c~ot be asce~ained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall bc and constitute alien upon such land. If the omer of the facility ~d thc o~cr of thc prope~y upon which the facility is located shall fail to pay such expenses within l0 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the mainten~ce of~v such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 18 Resolution 2009-867 Board Meeting of October 20, 2009 expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law {64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280 78 77. ~, ,~,..,....v.v"-~:......~ ....... ~,~,~. Pre-existing antenna support structures and antennas. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. {}280-79 78. I~1 Waivers of criteria. Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 19 Resolution 2009-867 Board Meeting of October 20, 2009 In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. {}280 ~79. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 20 ResoLution 2009-867 Board Meeting of October 20, 2009 §280-81-80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 10/27/2009 2:21 PM by Lynne Krauza A Page 21 Southold Town Board - Letter Board Meeting of bctober 20, 2009 RESOLUTION 2009-865 ADOPTED Item # 5.37 DOC ID: 5382 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-865 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20, 2009: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "._~A Local Law in Relation to Amendments to Wireless Communications Facilities" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 26, 2009 Page 39 SOUTHOLD TOWN BOARD PUBLIC HEARING October 20, 2009 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This public hearing was opened at 5:32 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22"a day of September 2009, a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service., ^...~ ....... _..~,~,.~'~vv~a ,-,,-.,~c~:~:'" ~.c~ ,~,~_.~ Amendments to Wireless Communications Facilities Public Hearing 2 October 20, 2009 §280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including s~suppol~ag4t~ tzwer~, guyed re. wets an~ monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, Amendments to Wireless Communications Facilities Public Hearing 3 October 20, 2009 microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use ora single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discemable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discemable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carder's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification herein ................. :hal! be shall not include ordinary maintenance, as defined · ~s^~:r.~n.:~ Changes ' ' ' Amendments to Wireless Communications Facilities Public Hearing 4 October 20, 2009 (2) (6) MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including; the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. Amendments to Wireless Communications Facilities Public Hearing 5 October 20, 2009 WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless communication facilities. A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. B. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in §280-69. A.C. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. t?,.D.Guyed or lattice antenna support structures are prohibited. G.E. Antenna support structures shall not be located in the following areas: (4)(1) Lands purchased with Community Preservation Funds; (6)(2) Designated parkland. t~.F. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer, and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. g,.G. Federal Aviation Regulations. All towe~s wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 6 t~.H. Antenna support structures il~ the zoning districts: LI, LIO, MI, MII, B, and HB, are subject to the following restrictions: (1) Minimum lot size: i.--.,TT ---~-,~Tr~ -n&HE in accordance with the bulk schedule for each zone (2) Maximum Height: 80 feet (3) Minimnm distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. G.I. Antenna support structures permitted in AC, R-40, R-80, Ro 120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. fi. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2)Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. t4.J. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 (4) 7 interest. If the wireless communication facility would be co- located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, ~ ...... ~ owners of I ss fac 1 -~-~ ...... a .........~ ....~ .... , -.~ v ....... wire e 1 ltles shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No ntenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co-location, the facility may be up to 1,000 square feet. The base equipment shelter shall be Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 8 constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. d. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. e. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the properly line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. {}280 70 71. -~:~.a:,. ..... AFt. ......... ~, r .......... :::cc Required approvals. B. G.A. Building Permit Required. (~) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special except]on approval if It Section 220 70 and falls in one of the following two categories: (g) (~) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the following requirements: i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 (3) (h) 9 visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above- ground components screened from view with evergreen planting; 9_[ 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect inunediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences; or ~a~:~- Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1_) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (~) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception Amendments to Wireless Communications Facilities Public Hearing 10 October 20, 2009 approval if it conforms to Section 280-70 and falls in one of the following two categories: (4-)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the v-following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or back~round materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii): or (;l)(b) Majc. r Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements:. i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii). C. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. E.C. All other wire!egg communication fae~l'k~e:, major :..~difieatio::~, a.-:d co location: Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following desip4~ standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building facade, shall be flush mounted and painted or otherwise treated to blend Amendments to Wireless Communications Facilities Public Hearing 11 October 20, 2009 with the facade. When a wireless communication facility extends above (2) (3_) (4) ® (7) the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. Access. Access to wireless facilities shall be from already established site access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be ora neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other (_8) structure or natural feature must be designed at a scale compatible with the Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 12 community, be unobtrusive, and characteristic of the area. (9) Antenna support structures in or adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10' above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-72. Special exception approval. A. Authority. For the purposes of this section, notwithstanding Article XXV of tqq~ ................... th~s Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. ~rk: ......... .~ ^ ..,:~1~ vvw :~ ~n~ ~ B. Standards. In addition to the standards in Article XXV of this C-ode-Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing Amendments to Wireless Communications Facilities Public Hearing 13 October 20, 2009 facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally-owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. C. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. Expiration. (--2-) ' ' Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 14 (9 Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such §280-74. Application requirements. A. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees ii.a. Majzr modification $500 iii.b. New facility $750 (2) Site Plan Application Fees i.a ..... jr. Modification. $1000 ii.b. New facility $2000 (3) Special Exception Application Fee $1000 (4) Review by independent consultants ~ ~' ........ ~,~ ,~ ~r ..... a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. b. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such Amendments to Wireless Communications Facilities Public Hearing 15 October 20, 2009 Co account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in §144-8 (C). a. Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with §280-70(J). b. Written documentation as to the facility's structural compliance with local, State and Federal Codes. c. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. d. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. e. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. f. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. g. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 16 facility is to be located. h. Other information deemed necessary to assess the compliance with this law. (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with {}280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Site Plan Application. The following application requirements are in addition to those required in §280- 133: :' ..... ~:~'~ ~' .....' 73~(!) the completed (I) Seven copies of ...................... e,oa,~vv Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 17 Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co-locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co- location of additional antennas for future users. (4)0) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance oftbe final draft of the report by the Planning Board. ((~) The applicant must explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure Amendments to Wireless Communications Facilities Public Hearing 18 October 20, 2009 listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former §280-76 moved to §280-71(M) of this Amendment. §280 77 76. Removal and height reduction A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, w:.th '~ .........~ ~c.~.~ ~r .... r,~.~ · · ..... vv ................... , give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. ~e ~ ........... v .... vv ...................... ....... :^~.:^~ rn~:n. ..... ~' '~':~ ~'~:~ All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. B. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 antennas. This section is enacted pursuant to §10 of the Municipal Home Rule Law to promote the public health~ safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction 19 provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280-78 77. Ne,.~ce,~fe, rmL~g.::~c: Pre-existing antenna support structures and antennas. A. Pre-existing transmission support structures and antennas~ for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing~ subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replace& structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. B. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this afl, cie, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. C. Until all required permits are secured~ no issuance of any new permit shall occur for a request to co-locate, attach~ or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. D. Any application by a wireless service provider shall be deemed incomplete~ if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. §280-7-9 78. [Reserved] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 20 carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. §280-8079. SeverabiliW. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. {}280-8t80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. I am going to ask our Planning Director to summarize this. She has done much of the work on it. Before doing that, I will just say that the legal notice has appeared in the local newspaper, it has appeared on the Town Clerk's bulletin board outside, I have several other notes in the file here of interest and one of them is from the Suffolk County Department of Planning. They have determined that this application which has been Amendments to Wireless Communications Facilities Public Heating October 20, 2009 21 submitted to the County Planning Commission is considered to be a matter of local determination as there is no apparent county wide affect. We have a memo from the chair of the town's Planning Board, a local law in relation to amendments. The Planning Board supports amending the wireless communication facilities code. While the code enacted last February was necessary and useful, in practice it has proved to need some changes in order to make it more understandable and more flexible. And there are a number of suggestions and recommendations that the Planning Board has made to us. Them are several additional notices in hem but I think maybe the best thing would be to let the Planning Director summarize this to the Board. HEATHER LANZA, PLANNING BOARD DIRECTOR: Thank you, Tom. Okay, I will try to make it quick, there is kind of a lot here. Basically, you see a lot of cross outs in the code. A lot of that is because we moved chapters around to improve the overall flow. The code was a little difficult to read and understand once we started using it, so we thought we should switch things around and make it flow a little more logically. The general requirement section we moved to the front and site design standards were located all the way at the end, we moved those up into general mquimments. We made some minor changes to the definition section, 280-69, basically we merged the two categories, major and minor modifications into a single definition and moved the last part of it out into ordinary maintenance and that was to let wireless carders maintain their equipment without having to get a building permit every time. Other minor changes for clarification included replacing the word tower with our more expansive antenna support structure in the definitions and also the section regarding the process by which the town retains an outside consultant for technical review in 280-74a4, we just elaborated on that and made it a little more clear how that was supposed to go. On the significant changes, we made, well, we are proposing in this code change are basically needing more flexibility in the code. Looking at a lot of the applications that have come in over the last 8 months, we have seen where there are cases, for instance, where a co-location would make more sense and if you stuck exactly to the way the code was written for the maximum height you would end up with mom towers rather than less which was the whole point of these code amendments. So the waivers of criteria section was added at the very end, 280-77 and basically allows the planning board to waive certain criteria for certain reasons. Should I mn down what those are? Unless there are question, I could quickly .... SUPERVISOR RUSSELL: Just very briefly. MS. LANZA: They can waive, they can modify the height restrictions in certain cases where pole location achieves the results of fewer antennas but only in the commercial zones. They can waive or modify the minimum distance to residential property lines or streets but only in commemial zones where the setback requirements, well, they have certain criteria they have to go through to be able to do that. They can waive some of the landscaping requirements, if there is already landscaping there or land contours or buildings that already screen the thing and for preexisting support structures, they can waive the requirement that they comply to the new code if it is going to result in less towers in the end. That is generally how that goes. The section on preexisting, nonconforming wireless facilities, we made that mom clear and put in more detail so Amendments to Wireless Communications Facilities Public Hearing 22 October 20, 2009 basically preexisting towers can continue to operate but they have to comply with this article if they add to it. Co-locations can be, can only be added to a preexisting facility if it complies with the article or is made to comply. Again, the proposed waiver section gives the Planning Board some leeway there, and then, an existing carrier, a carrier with an existing location that is not in compliance has to bring those other locations into compliance before they can locate in other places in the town. Last, the Planning Board, this is from their memo, they had several suggestions for changes to these amendments as proposed. In 280-70f, fall zones, just clarifying how the smaller fall zone can be determined by the engineer, it is just a few additions to the code language. Very simple stuff. Interior mounted antennas, there wasn't, the code was unclear about the setbacks of the base equipment, so this would just clarify that. Number 3, oh, we had been advised by the Department of State that we couldn't restrict these towers from wetlands and other places that have other agencies with jurisdiction but then upon further conversations, they suggested that we could just mirror the language in section 240 and add the language without a permit. Antenna support structures are not located in the following areas without a permit from all jurisdictional agencies. So you could actually keep those, that section in there with that caveat, the additional language. There is a mistake in that last section C, in the Planning Board comments. It shows within 500 feet of residences as staying in but we recommend it stays struck as in the proposed language because we moved it to section 280-78. And the last suggestion of the Planning Board was that the wireless facilities planning guide be finalized so that we can all use it to help with the application process. And that is it. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the issue of wireless cell tower proposed legislation? Marie? MARIE DOMINICI: Hi. When, I don't remember how long ago but when you guys started talking about cell phones, I was, cell phone towers, I was very much opposed to having you know, too many of them put into the town for various reasons and the most important reason to me is health related issues. I know that by law, that you are not, it doesn't matter if health, it should not be part of the picture but I have to tell you that I mean, there is so many things that come as a result of health issues that people are probably not aware and I urge you to arm yourself with good information because this has an impact on your families as well as other people's families. The impact on children is incredible. So my question is, is there going to be a cap on how many cell tower things are going to be in our town? Or is just going to be as the many companies apply to it, then they just get it? COUNCILMAN WICKHAM: I think the cap will be determined by the economic incentives of the company. And no company is going to want to put up these things that cost hundreds of thousands of dollars if they can get by with fewer of them. I think there will be, shortly, a maximum. And furthermore, I wouldn't be a bit surprised if in some years in the future, many of them will be removed when a whole new technology comes out and they won't even need those things. MS. DOM1NICI: But currently, isn't them something like 11 or 12 cell towers in Amendments to Wireless Communications Facilities Public Hearing 23 October 20, 2009 Southold? I have the statistics but I don't remember what they were. But there were quite a few. SUPERVISOR RUSSELL: Yes, at least. COUNCILMAN WICKHAM: Yes, them are. At least. MS. DOMINICI: And some of them are truly not in compliance with the fall zone because some of them, if they do fall, will fall on the police station or fall on Route 48, so how does that impact, like the ones that have already been there, are they grandfathemd because they are them? SUPERVISOR RUSSELL: Well, they are preexisting, nonconforming status. Like any structure, they would have to go through the process to upgrade or to replace the structure and follow the new rules. I think you need to understand, though, that this is to restrict cell towers, this legislation and I remember having this discussion with you last year. The legislation prior to this was fairy lenient. The idea was that we are trying to restrict and make site selection more appropriate through this legislation than to have just anybody that wants to apply for a cell tower come in and get one through the Zoning Board of Appeals process. MS. DOM1NICI: Now are the bulk of the permits that are coming in, is this for town property use? SUPERVISOR RUSSELL: The applications that are before the Plannign Board, I can't speak to them but my suspicion is they are probably almost entirely on either private property or generally some type of municipal corporation such as a park district or a fire district. MS. DOM1NICI: Okay. Well, I remember in the last conversations that we had about this, putting a cell tower in a park district or a beach is really not wise on your behalf. And again, I will talk about health issues and you know, if I am wrong nobody gets hurt but if you are wrong, everyone get hurts. Your family as well as our families. SUPERVISOR RUSSELL: We agreed with you and I think that is why we proposed that legislation because them were two pending applications, both located at heavily attended public beaches. One in north Mattituck, one in the south end of Mattituck on the bay. And that is was one of the watershed moments that led to this Town Board taking an eftbrt to redo its existing cell tower code. MS. DOM1NICI: Now the question I also have is for current towers that exist with however many vendors that are on those towers, there has got to be with just like the LIPA lines that cross Route 48 and Sound Avenue, there was a time when those lines only carried about 29,000 watts, now they are at 69,000 watts. Does that also apply to cell towers where right now they will be emitting so many thousands of watts and can that increase with each new vendor that gets on the pole and what kind of health issue Amendments to Wireless Communications Facilities Public Hearing 24 October 20, 2009 does that propose to this community? SUPERVISOR RUSSELL: We put through this legislation the onus on the applicant to prove that it is not harmful to the public but you do need to remember that we are limited as to what we can legislate because of preemption. The federal communications commission regulates cell towers, not towns. So we are limited as to what public health safety benefits or protections we can put in the legislation, the FCC already rules on that and they are the ones that promulgate those types of legislation requirements. But we did put the onus on the applicant to prove that it is not going to be harmful. MS. DOM1NICI: But you realize, Scott, that there is two sides to every story. SUPERVISOR RUSSELL: Mmmhmm. MS. DOMINICI: So if the cell tower vendor is coming in and saying here is the documentation that I have that says everything is good and you know, life is good and your phone service will even be better but in the interim you know that there is opposition, you know, information that is opposing that. And just because the cell tower provider comes and says hey, life is good here, no problems; that is really not looking at it from both sides of the coin. SUPERVISOR RUSSELL: I trust you didn't read all of the legislation that is there? MS. DOMINICI: You trust correctly. SUPERVISOR RUSSELL: We, then let me tell you, we don't actually let the cell tower applicant pick the consultant to come and tell us that everything is a bed of roses. They merely have to pay for it. We select the consultant, so that it will be our consultant that will determine the health or the risk to health of any application. They merely get stuck with the bill. That way we make sure that the process is impartial and scientifically accurate not simply advocacy. We recognize in applications you pay for what you get and we are trying to avoid that by selecting our own consultant and making them simply pay for it. MS. DOM1NICI: Okay, there is another question I had. Let me just see, oh, structural inspections, now is that, where is the onus? Is that on the owner of the tower or is that....? SUPERVISOR RUSSELL: Ultimately structural inspections of any kind for health safety issues would fall with the town, the towns building inspector. MS. DOMINICI: Okay, now when we issue permits, is there a life expectancy of that permit? Is it a two year, five year, ten year, what is the life expectancy? SUPERVISOR RUSSELL: Building permits are actually by state law, I believe they are good for up to one year with I think, up to two six month extensions presuming you ask for the extension prior to the expiration of that permit. Rules change every day, so the Amendments to Wireless Communications Facilities Public Hearing 25 October 20, 2009 idea is that building permits aren't these flee floating documents that let you undertake something five years from now. they need to be reviewed every time laws change, particularly state building code. MS. DOM1NICI: So is the onus on the town to say, hey, AT&T, you permit is up six months ago or we are just waiting for them to come back to us and say oh by the way, I need to renew my permit? Because most times things like that just don't .... SUPERVISOR RUSSELL: Permit for construction? COUNCILMAN KRUPSKI: No, I think you are on different .... SUPERVISOR RUSSELL: Okay. MS. DOMINICI: We are on different wavelengths. COUNCILMAN KRUPSKI: Yeah. COUNCILMAN ORLANDO: Radio wavelengths. COUNCILMAN KRUPSKI: You meant, Scott is talking about the permit itself when it is issued, how long it is good for before the structure is built and completed and I think you are talking about, I think once the structure is built with the permit I think that is it. MS. DOM1NICI: That is it? COUNCILMAN KRUPSKI: It is good. Yes. MS. DOMINICI: Okay. So there is no further financial implication on the provider? COUNCILMAN WICKHAM: Well, there some. For example, if they discontinue the use of it, they have the requirement to take it down completely. If there is any modification to it, if they change it in any significant way, they have to come back to the town and get another permit for that. If another provider wants to co-locate on that same, and we are encouraging the co-location on one tower so that we don't have a proliferation. Again, it has to go back through this whole process. MS. DOMINICI: Okay. Alright. Well, I probably have 30,000 other questions; one last question, you talk about site lighting, is that going to be in compliance with dark skies kind of thing? SUPERVISOR RUSSELL: Everything the Planning Board is producing now is in compliance with dark skies guidelines. MS. DOM1NICI: Alright. And outside of that, I will leave you this document if I may, it talks about health concerns in children and pregnant women and other workers and things of that nature. You can read through it in your spare time and thank you for your time. Amendments to Wireless Communications Facilities Public Hearing 26 October 20, 2009 SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? MELANIE NORDEN: Hi, Melanie Norden, Greenport. Tom, I wonder if you could elucidate for me the comments that you made earlier regarding letting the economy takes care of this issue and how that fits into our notion of comprehensive planning? I mean, when we talk about planning, we really talk about our being in the drivers seat. We do not talk about economic factors dictating the future of the Town of Southold. Now how about if cell towers don't go out of fashion or out of style? Are we really saying the more the merrier? And as many as we want and if the economy supports it, we will support it? COUNCILMAN WICKHAM: You asked me and I will just give my own view. MS. NORDEN: Okay. COUNCILMAN WICKHAM: Other Board members may have their own views. We have been talking about doing comprehensive plan. A plan, a comprehensive plan should include some planning for the infrastructure. I started out several years ago with very, with rather strong views against the whole cell phone industry. I have come to view the use of cell phones as rather important. Important to me, important to all of the people I see who are using them constantly and I changed my view a little bit to the extent that I view now the use of cell phones as an important part of the, and providing for them, an important part of the infrastructure of this town. In order to use that infrastructure effectively, the companies that sell cell phone services have to have a certain coverage and a certain number of units in this town at certain distances so that calls don't get dropped and so that there can be a number of calls in the same location. There are, I believe, three maybe four primary companies that provide cell service in this area. Each of them has to have a network of these aerials, of these antennas if they are going to provide reliable service in our community. Exactly where they are going to be located really can't be specified by the town. They can only be specified by their own people who know how far their signals go, what coverage they have, how many people they are trying to serve. It is not, I have had some disagreement with other board members and they probably have different views but I don't think it is appropriate or realistic to expect the town to tell those companies where they can place there .... MS. NORDEN: Right. But I was addressing not where, I was addressing how many. COUNCILMAN WICKHAM: How many of them really is a function of location. Because if you have a good location and a relatively high place, it can extend a long ways and you don't need another one for a long ways. If you have one set down in a valley someplace, you are going to have another one pretty close. So they are related. My expectation is that there is not going to be a great proliferation of these things in the town provided we can have them located in a few key places and we can have promote co- location so you get two or three different companies all located on the same aerial. Amendments to Wireless Communications Facilities Public Hearing October 20, 2009 27 MS. NORDEN: We are promoting it but we are not establishing it as a prerequisite or a requirement and so it may be to the advantage of one provider not to co-locate and there is nothing that will assure us that in fact, we are going to require that. COUNCILMAN WICKHAM: It is somewhat unfair and I can't speak to the legality of it but it is somewhat unfair for the town to encourage one company to establish a network in this town and then bar a competitor .... MS. NORDEN: Oh, I am not suggesting that. But I am just saying co-location is not, we wouldn't necessarily, according to this legislation we are going to bar nobody. And co- location is not a requirement and so in point of fact, we could have lots of cell towers providing services to all of Long Island and beyond not necessarily providing simply services to the people of the Town of Southold. And all I am saying is, to suggest that we let the economy drive this part of planning is indefensible from my perspective. COUNCILMAN WICKHAM: Well, the maximum number, your question is the maximum number? MS. NORDEN: Right. COUNCILMAN WICKHAM: I think it is unrealistic for the town to specify a number. However... MS. NORDEN: Tell me why that is unrealistic. COUNCILMAN WICKHAM: Because I don't think we are in a place, in a position to define that number. However, the legislation that we are adopting and that we did adopt last February gives us many opportunities to turn down applications. And it is not as if this is just opening the floodgates for every applicant who wants to come in and put one where he wants. In fact, there are many conditions here, there are many criteria by which the town can and will turn down applications. SUPERVISOR RUSSELL: I also think, if I am not mistaken, we do make co-location the first order of business. MS. NORDEN: Is that a requirement? MS. LANZA: Yes. In the code right now, the code that we passed last February, there are places and if you are going to put up a new tower, you have to prove that you can't co-locate somewhere else. And that has to be, the proof has' to be reviewed by our own technical consultants and radio engineers to make sure that that is true. MS. NORDEN: Right. MS. LANZA: So there is a requirement in there for co-location. There are several places where it is required. Amendments to Wireless Communications Facilities Public Hearing 28 October 20, 2009 MS. NORDEN: Yeah, I understand that. No, I am just concerned with the idea that we are going to let any outside factors dictate our future without somehow shaping it ourselves. I think that is a very slippery slope and if we can make that argument for cell towers, we can make that argument for real estate, for just about any other factor that affects the lives and the future and the health and the well-being of anyone in Southold. We should be and we must remain or get into the drivers seat. Thank you. SUPERVISOR RUSSELL: I want to just, I don't think Tom meant to suggest that we are going to cast fate to the economic wind. As a practical reality, cell towers are regulated by federal law. We have exerted ourselves as much as we can legally to control sound siting, safe siting, reductions in visual, all of those negative aspects of cell towers by trying to demand co-location unless they can prove otherwise, by proving to us that they need the cell tower they are applying for, they have to do the aerial surveys of service. We put a lot of onus on them now. That was always absent before. This hopefully will reduce the need or the application process for cell towers, not increase it. That is why we undertook this... MS. NORDEN: Let me ask you just as a point of reference, what is the relationship between say federal law, in this case the FCC and the SEQRA review process? SUPERVISOR RUSSELL: Well, unfortunately federal law preempts all. MS. NORDEN: Does it? SUPERVISOR RUSSELL: Yes. Everything flows to the top. We can declare SEQRA, pos dec, anything but at the end of the day, the FCC regulates output, all those, the frequency output, all of those things. And everybody, unfortunately, is subject, it is no different than trying to, well, it is a different issue but similar in the context of trying to deal with helicopters and having the FAA tell me, well, we can't, you can't do anything and we refuse to. MS. NORDEN: Right. SUPERVISOR RUSSELL: That is the reality of living in structured government. COUNCILMAN KRUPSKI: And we didn't rush pell mell into this. we did have a year long moratorium on this issue. The Planning Board .... COUNCILMAN WICKHAM: 18 months. COUNCILMAN KRUPSKI: And the Planning Board staff worked really hard on this. And as Tom said, we adopted this in February and we are amending it now to try to make it more effective. It is a work in progress. MS. NORDEN: And just out of, another point of reference, Heather, do we have any Amendments to Wireless Communications Facilities Public Hearing 29 October 20, 2009 application in the hopper fight now? MS. LANZA: Yes. There is a big backup from the moratorium, so we have about eight at least. MS. NORDEN: And how many cell towers do we have at present? MS. LANZA: Well, they are not all cell towers. A lot of those are co-locations. MS. NORDEN: Well, how many actual, whether there is one or more? MS. LANZA: Yeah, I don't remember. I don't have the inventory right here. Somebody said 11 earlier. I think there is more than that. MS. NORDEN: Okay. So there may be 11 now, there is an eight backup. That seems like a whole lot of cell towers. SUPERVISOR RUSSELL: Yeah and .... MS. LANZA: Those eight applications, many of them are co-locations on existing... MS. NORDEN: Okay. SUPERVISOR RUSSELL: And it is a whole lot, which is why we passed legislation to try to cut down the number needed. That is exactly why we undertook this legislative initiative. So that we didn't have this proliferation of cell towers... MS. NORDEN: Right. Okay. So Heather do you think that would change then? Do you think that some of these applicants will fall off as a result of the new legislation? MS. LANZA: I don't think they will fall off. I mean, we already have good legislation here to make sure they go where they are needed and towers don't go up where they are not needed. MS. NORDEN: Right. So would you say that the primary amount of those applications are co-location applications? MS. LANZA: Most of them are. MS. NORDEN: They are? MS. LANZA: A lot of them I haven't even seen yet, so it is really hard to say, to answer that question. SUPERVISOR RUSSELL: I also think it is subject to ZBA review, so you can't answer for the ZBA in many cases. Amendments to Wireless Communications Facilities Public Hearing 30 October 20, 2009 MS. LANZA: Well, it is all coming to the Planning Board but it is, a lot of these have just come into the building department so we haven't seen the actual applications, so it is really hard to answer that question. What is going to happen with them. COUNCILMAN WICKHAM: There is one other aspect of our legislation that I feel is important. And that is that we give points to locations of cell towers within existing buildings, so that it doesn't require a stark new aerial, a stark new tower. MS. NORDEN: Mmmhmm. COUNCILMAN WICKHAM: And there are buildings in this town that it turns out are suitable for these kinds of aerials. MS. NORDEN: And have you, let me just ask you, have you ever considered whether there would any kind of legitimate revenue kickback from, I don't know how else to phrase that. I mean, we give cell towers a permit, the Orient fire department or some fire department has a cell tower, they make a whole lot of money from the cell tower. Does the town receive any of that at all? SUPERVISOR RUSSELL: No. The town is not in the position right now to receive any money. Were we to host a cell tower, we could receive that as income. We are actually discussing that prospect right now with cell tower companies. But no, we can't cut ourselves in on the action when a private homeowner or a private property owner comes in, whether it is a municipal fire district .... COUNCILMAN ORLANDO: No commission. We call it commission these days. MS. NORDEN: Right. SUPERVISOR RUSSELL: We can't carve ourselves in on the action unfortunately. MS. NORDEN: Right. And that is because? SUPERVISOR RUSSELL: That is because I don't have, we don't have the legal right to insist on payola for... MS. NORDEN: I am not talking about payola, I am just talking about whether there would be any kind of administrative fees or anything else? SUPERVISOR RUSSELL: Other than .... COUNCILMAN WICKHAM: Permit fees, yes. MS. NORDEN: Right. That I know. Amendments to Wireless Communications Facilities Public Hearing 31 October 20, 2009 SUPERVISOR RUSSELL: Site plans, ZBA applications etc. MS. NORDEN: Gotcha. SUPERVISOR RUSSELL: And annual revenue from taxes. MS. NORDEN: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? JIM DINIZIO: Jim Dinizio, Greenport. You know, I just glanced through it because this is the first I saw of it but one thing is good is that it looks like it doesn't go to the ZBA, it is just going to be a special exception by Planning Board? SUPERVISOR RUSSELL: Planning Board, mmhmm. MR. D1NIZIO: And I would urge this Board to do that with every special exception. Not just this. You know, Tom, your comments were following exactly what I would say quite honestly. Having listened to a number of applications, the tower or the radius that the tower will serve is finite. There is not, there is, you can't extend it, you can't make it smaller, okay? it is what it is. Now, topography has something to do with it, Long Island is flat. I mean, (inaudible) you got a problem there but that is a problem, now, I know you have spent a certain amount of money on a study and before you had that study I had submitted a map with cimles on it that tell you where they exist and where they would be needed based on the testimony that I heard from engineers during ZBA heatings. Now, one is Bayview, the firehouse in Bayview. If you had one there, you wouldn't need another one, okay? two more at the end of Southold Town, you know, in like that gully at the end of the divided highway, you need one there, and AT&T has proposed that on their maps. If you look closely at the maps that they have submitted to the Town. They have little triangles where they would like to have them. And I am kind of disappointed that you didn't look at that information because a lot of the questions you were getting and a lot of the legislation you have in here could have been, you know, hopefully answered. You don't seem to, you know, address, to me, the FCC mandate in the law, that you have a certain responsibility to ensure that the Town is covered. There is a certain responsibility. People, you know, (inaudible) people who live in the town, people who do business in the town, have an expectation that this technology will work, you know, in the town. And to my mind, what I am heating from the audience and what I see in the law, is that you are setting up more roadblocks. Alright, you are going to hire your consultants. What does that mean? Your consultant? Is your consultant any less or any more non-partisan than any engineer who specializes in wireless communication? No. I don't think so. COLrNCILMAN WICKHAM: Jim, may I respond to that? MR. D1NIZIO: Yeah. Amendments to Wireless Communications Facilities Public Hearing 32 October 20, 2009 COUNCILMAN WICKHAM: I think what Scott meant and what the law says, is the applicant has to come in with some scientific basis for why he wants this where he wants it. We have the right to take that information and send it our consultant to review his assertions, so they are not just pie in the sky or some statement that is designed to roll right over us. And as he said, the applicant has to pay for our review. But it is not as if we initiate it. The applicant initiates it, he hires his own specialists and experts to make a case for it, we only send it to our specialist to review his assertions. I think it is a good system. MR. DINIZIO: I disagree with it wholly. Only for the fact that, you know, the numbers are the numbers. To my mind, if you are not specifically telling them where the town needs to have towers, then you know, they have a right to ask for and in some times, get that tower. Okay? They have that right. And Tom, I understand what you are saying but it does to my mind, create an adversarial application that is unnecessary. The FCC does spell out the health risk of these cell towers and that is for the most part, what most people worry about. You know, we granted one in East Marion. That poor woman lives there with three children. I believe she is scared to death, quite honestly, that something is going to happen to her children because she has read stuff and yes, I know the government isn't always right. I worked for the industry for 15 years. I have confidence in radio frequency, certainly it is no where near the amount of energy that is put out by any radio station that people live near now. WLNG, WABC, no where near that. Quite honestly, it is not much more than the cell phone that is sitting on my belt right now. Doesn't have to be. Because it is line of sight. Certainly I would have hoped that you would have taken that map into more consideration. Certainly I wouldn't mind the town finding the locations that need to be, buying the land and telling them, here is where you have got to put the towers and getting the $600,000 a year from them to you know, it is your payola if that is what you want to call it. Get your piece of the pie. SUPERVISOR RUSSELL: The information you had given me, actually my office was the first piece of information we sat down with when we hired the consultant. It was the basis for all the decision making that flowed from there. One of the problems we had from the previous code was that we were getting applications in, not necessarily based on need but based on want. Someone would apply for it here, even though someone five parcels away had one. That is, we want saturation of coverage not everything, you know, going to the path of least resistance. That is exactly what we did with that map. MR. D1NIZIO: That is what we thought, Scott, that is honestly that is what we thought but I would have thought that the direction that the town would have gone is to number one, purchase the land for number one, the protection of the people okay, you know, I don't know, you purchase five acres, six acres or whatever it is going to take and you put the cell tower there and you put the cell tower there, and all the cell towers go there. quite honestly, there are different technologies, you know, Sprint might use different technology than AT&T but the amount of loss is not that great. Now, you want to talk about cell towers, you want to talk about going green, well, let me just put this to you. There is probably about 6,000 telephone poles out here right now that carry phones. Those have to be maintained every day by somebody. Okay? If there is 14 cell towers in Amendments to Wireless Communications Facilities Public Hearing 33 October 20, 2009 this town, imagine the amount of trucks you are taking off the road. Now the Suffolk Times, because only 14 cell towers have to now be maintained and driven to once a week or whatever it takes. Lines aren't falling down, water isn't getting in the lines, there is no under construction, there is no pulling poles out, there is no poles hits. Them is a lot of things that are involved with cell towers that regular poles aren't involved with that. I mean, I listen to Troy Gustavson gush about his I phone, okay, how much technology it did, he wrote this big article, this is great, I can do this, I can buy tickets. Well, he is sitting in his back yard. He has a cell tower. Someone on Bayview can't do that. Okay? so I think really this legislation should have been more in the direction of the town studying where these cell towers are needed in order to fill the obligations to service the people in the town and then from there, purchasing land and doing whatever it takes. But I will point out to you that I believe in this whole legislation, them is no ZBA approval. It is approval by the Planning Board .... SUPERVISOR RUSSELL: I stand corrected on that. MR. D1NIZIO: And that is a good thing. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on an issue I didn't think would turn out to be nearly as exciting as it turned out to be? Cell towers? Anybody? (No response) This hearing was closed at 6:09 PM Southold Town Clerk WIRELESS CODE AMENDMENT. SUMMARY OF PROPOSED CHANGES. OCTOBER 20, 2009 THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING SETS FORTH VARIOUS AMENDMENTS TO THE PROVISIONS OF THE TOWN CODE PERTAINING TO WIRELESS COMMUNICATION FACILITIES THAT CAN BE SUMMARIZED AS FOLLOWS: FIRST, THERE ARE CHANGES TO THE GENERAL DEFINITIONS FOUND IN SECTION 2804 TO INCLUDE ANTENNA SUPPORT STRUCTURES IN THE DEFINITION OF STRUCTURE. OVERALL, THE FORMAT AND ORDER OF SECTIONS AND SUBSECTIONS WERE REARRANGED TO IMPROVE THE FLOW AND COMPREHENSION OF THE CODE. THE SECTION NAMED "GENERAL REQUIREMENTS" WAS MOVED TO THE BEGINNING, RIGHT AFTER DEFINITIONS AND BEFORE THE "APPROVALS REQUIRED" SECTION. THE FORMER "REQUIREMENTS FOR PERMITTED USE" WERE INCORPORATED INTO THE NEW SECTION "APPROVALS REQUIRED." THE FORMER "SITE DESIGN STANDARDS" SECTION WAS MOVED TO THE NEW "SITE PLAN APPROVAL" SECTION. IN SECTION 280-69 - "DEFINITIONS"- THE CATEGORY "MINOR MODIFICATION" WAS REMOVED, AND THE LANGUAGE FROM THAT INSERTED INTO "ORDINARY MAINTENANCE". "MAJOR MODIFICATION" WAS CHANGED TO "MODIFICATION." THESE CHANGES WERE DONE TO ALLOW THE CARRIERS TO MAINTAIN THEIR EQUIPMENT WITHOUT REQUIRING A BUILDING PERMIT WHEN ESSENTIALLY NO CHANGE TO THE FACILITY WAS BEING MADE. IN NEW SECTION 280-70 ENTITLED "GENERAL REQUIREMENTS FOR ALL WIRELESS COMMUNICATION FACILITIES", THE RESTRICTION NOT ALLOWING WIRELESS TOWERS "WITHIN 500' OF RESIDENCES" WAS MOVED TO {}280-70 F. THE NAME OF SECTION 280-71 WAS CHANGED FROM "APPLICABILITY, PERMITTED USES" TO "REQUIRED APPROVALS" AND REFERENCES TO "MINOR MODIFICATIONS" AND THE WORD "MAJOR" WERE REMOVED TO MATCH THE NEW DEFINITION OF "MODIFICATION." FORMER SECTION §280-72. D (2) WHICH ALLOWED THE PLANNING BOARD TO WAIVE CERTAIN CRITERIA WAS MOVED TO A NEW SECTION 280-77 "WAIVERS OF CRITERIA" WHICH I WILL EXPLAIN IN MORE DETAIL BELOW. CHANGES TO SECTION 280-73 "APPLICATION REQUIREMENTS" INCLUDE CLARIFYING THE PROCESS BY WHICH THE TOWN RETAINS AN OUTSIDE CONSULTANT AND COLLECTS ITS REIMBURSEMENT FROM THE APPLICANT, MOVING CERTAIN APPLICATION REQUIREMENTS (E.G. PROPAGATION MAPS, GAP MAPS) FROM SPECIAL EXCEPTION APPLICATION TO THE BUILDING PERMIT APPLICATION. GENERALLY, THROUGHOUT THE DOCUMENT, THE WORD "TOWER" WAS CHANGED TO "ANTENNA SUPPORT STRUCTURE" WHEREVER IT APPEARED TO MATCH THE DEFINITIONS. WE CHANGED SECTION 280-75, "REMOVAL AND HEIGHT REDUCTION" TO A DIFFERENT METHOD OF ENSURING THAT ANTENNA SUPPORT STRUCTURES THAT ARE NO LONGER NEEDED ARE REMOVED. WE ALSO ADDED A PROVISION TO SHORTEN TOWERS IF THE FULL HEIGHT IS NO LONGER NECESSARY IN THE FUTURE. IN SECTION "280-76" "PRE-EXISTING ANTENNA SUPPORT STRUCTURES AND ANTENNAS" WE ADDED LANGUAGE TO MAKE IT MORE CLEAR HOW THE TOWN WOULD DEAL WITH PRE-EXISTING WIRELESS FACILITIES THAT MIGHT NOT MEET THE NEW TOWN CODE. GENERALLY PRE-EXISTING TOWERS CAN CONTINUE TO OPERATE IF THEY DON'T ADD TO THEM, AND CO-LOCATIONS ON A PRE-EXISTING TOWER MUST BRING THE FACILITY UP TO MEET THE NEW CODE. SECTION 280-77 "WAIVERS OF CRITERIA" PROVIDES THE PLANNING BOARD WITH THE ABILITY TO WAIVE OR MODIFY CERTAIN RESTRICTIONS. ONLY THE SPECIFIED SECTIONS CAN BE MODIFIED BY THE PLANNING BOARD AND THEY MUST USE THE CRITERIA TO GUIDE THEM ON WHEN AND HOW IT CAN BE CHANGED. POSSIBLE MODIFICATIONS TO THE CODE INCLUDE HEIGHT, DISTANCE TO RESIDENTIAL PROPERTY LINES, AND MINIMUM LOT SIZE, ALL ONLY IN COMMERCIAL ZONES. LANDSCAPING AND SCREENING REQUIREMENTS CAN ALSO BE MODIFIED, AS WELL AS CERTAIN ASPECTS OF THE RESTRICTIONS ON CO-LOCATION ON A PRE-EXISTING NON-CONFORMING TOWER. OCT. 20. 2009 lO:57AM NO. 153 P. 1 6'17.~0 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART ! - PROJECT INFORMATION (To be completed by A~plicant or Projeot Sponsor) 1. APPLICANT/SPONSOR I~I. PROJECT NAME 3. PROJECT LOCATION: ' ' ' ' I Munlcipal/~ Town of $outhold Coumy Suffolk 4. PRI~CISE LOCA~ON (Street address and wad intemedJons, prominent landmarks, etc., or provide map) lurisdicfional limits of thc Town of $ou~old [] New [] Ex~nsior, [] I~xliflca~ofllalteratiofl 6. DESCRIBE PROJECT BRIEFLY: Pro~sed ~dme~ Io ~1 ~w ~titl~d, "A Loll ~w in ~ ~on to Am~ m W~¢I~ Comm~ons Facfliti~" 7. &MOU~ O~ ~ND AFFECTED; Inl~aB~ ~A a~s Ultima~y NA PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RE;~TRICTIONS? [] Yes [] No If No, desc~be brielty WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residenfal [] Indusblal [] Commerc;al NA [] AgflcultLce [] Pafk/FmestJOpen Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FE'D~ ST/~TE OR LOCAL)? Yes [] NO If Yes, fist agency(S) name and permit/approvals: New York Department of State OOI~S ANY ASPECT OF THE AC'FlOR HAVE A CURRENTLY VALID P~MIT OR APPROVAL? [] Yes [] NQ If Yes. llst agency(s) name and pen~/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOV~A.EDGE A,oplicantJsponsor name: Date: lOll 9,~9 Signature: IIf the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before pr~ce, eding with this assessment I OVER 0cl.20720 9 IO:bSAM N0.153 P, 2 _PART ii - IMPACT ASSESSMENT (To be completed by Lead ARency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRP,, pART 617.47 If yes, coerdinale the review process and use the FULL EAF. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRE. PART 617.67 If No, a negalive de,station may ~e superseded by another inveived agency. I-Iw C. COULD ACTION RESULT IN NdY ADVERSE EFFECTS/~.~SOOIATED WITH THE FOLLOWING: (Answers may be handwflaeft, If legible) C1. Existing air qu~tty, su~ace or groundwater quality or quantity, noise levels, ex~sting traffic pattern, solid v~'as[~ paxlu~0n or disposal. potential for eresi0n, drairm_ge or flooding i~'oblem$? Explain br[etty: No~.c C2.. Aesthetic. agricultural, amhaeciogical, histmi~ or other natural or cul['ural resources; or community or neighborhood chars~te~ Explain brle6y: C3, Vngetation or fauna, fish, shellfish or w~dllfe species, significant habitats, or Jhmatened or endangered species? Explain bdefly; None C4. A commueily's exislJng plans or goals as o[ficial}y adap[ed, er a change in use or intensity of use of land or ~ natural rescumes? Explain briefly: Norm C7. Other Impacts (including changes ia use of eil/~' quantity or type of energy)? Ex~lain bde~y: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRmCAL ENVIRONMENTAL AREA (CF-A)? [] Yes [] No ii'Yes, explsir~ briefly; I~. IS THERE, OR IS THERE UKELY TO I~E, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAl. IMPACTS? [] Yes [] No If YeS, expfaJ~ briefly: PART Iff - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIOhlS: Fol' eaah adverse effect idenf~ed above, determine whether it is substanUal, large, important or otherwise significant. Each effec[' should be assessed in connection witil ifa (a) seeing (i.e. urban or rural); (b) pmbabilibJ of cccerrJng; (c) duration; (d) irre~.~rsibili~; (e) geographic scope; and (t~ magnitude If necossaly, add attachments or reference supporting materials, Ensure that explanationS contain sufficient detail to show that all relevant adverse impacts have been identified and edequateJy addressed, If question D of Part [I was checked yes, the dstemYnation of slgnificenco must evaluate the potential impact Of the proposed action on the environmental characteristics of the C EA. ] Chec~ this box if you hays iderltifled ane or mom pofantially ta~3e or signirmant adwrse impacts which MAY occur. Then proceed directly to the FULl EAF andl~r prepare a pesi6~e dectam'gon_ [] Checkthisb~x~fy~uhavedetem1~ned~besed~ntt~einf~rm~ti~nandana~ysisab~veandanysu~porttngd~mer~ati~n~ti~tthepreposodacti~nW~L~ NOT msuti in any slgniticant ad-emS environmental impacts AND provide, on attachments as necessary, the masons 5,.m~Orting ~is determination Tow]~ of 5out~ol, d Towz~ B oa.~l ! 0/19/09 Name or Leas Agency Data Print or Type Name of Respons~le O~cer in Lead Agency Signs[ute of Resports~bl~O/ticer In Le~d Agency PLANNING BOARD MEMBERS MARTIN ti. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPII L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Scott Russell, Town Supervisor Members of the Town Board Martin Sidor, Chairperson .r~ [,~ October 19, 2009 Local Law in Relation to Amendments to Wireless Communication Facilities The Planning Board supports amending the Wireless Communication Facilities code. While the new Wireless Facilities Code enacted by the Town Board last February was necessary and useful, in practice it proved to need some changes to make it more understandable as well as more flexible. The majority of the changes were to the overall flow of the chapters. The code was difficult to read and understand because certain sections were not in logical order. The proposed amendments change the order to create a code that is easier to follow. The General Requirements section was moved forward to before the Approvals Required section, and the Site Design Standards that were located at the end, were moved up into the General Requirements section. Some minor changes to the Definitions section of the code (280-69) included merging the two categories of Major and Minor Modifications into a single definition. Part of the definition of Minor Modification that had to do with maintaining existing equipment was moved to the Ordinary Maintenance definition. This was necessary to allow for wireless carriers to maintain their equipment without having to get a building permit when no changes to the facility were being made. Other minor changes lbr clarification and consistency include the replacement of the word "tower" with the more expansive "antenna support structure" which is in the existing code, however several references to the word "tower" remained, and this amendment corrects that. Also, the section regarding the process by which the Town retains an outside consultant for technical review of applications needed to be clarified (280-74 A(4)). The need for several significant changes to the content of the code became apparent after beginning work on the numerous wireless facility applications that were submitted when the moratorium ended. The Planning Board found that more flexibility in the code would be helpful. One change to increase flexibility was to create the section Waivers of criteria (280-77), which allows the Planning Board to waive certain criteria for certain reasons. The "Waivers" section was formerly located in the Special Exception section of the code where it applied only to those applications in for Special Exception approval. We also found the language for pre-existing, non-conforming wireless facilities needed clarification. The proposed new section (280-76) provides more detail about pre-existing situations including the following: · Preexisting towers can continue to operate, but must comply with this article to add to or alter the facility. Co-locations cannot be added to a pre-existing facility unless it complies with this article, or is made to comply. The proposed Waivers section gives the Planning Board some flexibility in this requirement. The flexibility is needed if the result of strictly enforcing this requirement would be an additional tower where a co-location would be better for the community. It further states that a carrier with an existing location that is not in compliance is not eligible for any approvals until those preexisting locations are brought into compliance. The Planning Board offers the following suggestions for changes to the amendments as proposed: 1. Fall Zones - clarification of how the size of the fall zone is determined 280-70 F. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted to the Planning Board by a qualified structural engineer, and corroborated by an independent consultant hired by the Town as part of the review process .... Interior Mounted Antennas - the code is unclear about setbacks for the base equipment of interior mounted antennas located outside the building. We recommend adding the following to 280-70 M (1) Site design standards: "Interior-mounted wireless facilities located in residential zoning districts. Related base equipment shall be located in accordance with the design standards for base equipment areas and to the satisfaction of the Planning Board." Rather than striking the language in §280-70 E General requirements for ali wireless communication facilities regarding location near wetlands and other protected features, we suggest modifying it to be in accordance with the language in Chapter 240 as follows: 2 C. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). (3) Within 500' of residences; (4) Lands purchased with Community Preservation Funds; (5) Coastal Erosion Hazard Areas; (6) Dedicated parkland. Last, the Town Board should finalize the Wireless Facilities Planning Guide (a draft was completed during the Wireless Planning Study earlier this year) soon after making their decision on these code amendments. This guide will help the Planning Board, town staff, and applicants with the application process. 3 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Municipal File No.: S.C.P.D. File No.: October 16, 2009 Town of Southold Amendments: "Wireless Communication Facilities" Local Resolution No. 792 SD-09-LD OCT 2 2 2009 ~outhol~i Town Cie4 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas A. Isles, AICP Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southo]d, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: October 16, 2009 Re: Local Waterfront Revitalization Program Consistency Review for consideration of "A Local Law in Relation to Wireless Communications Facilities." This proposed action was originally reviewed in February of 2009 and was found to be consistent with the LWRP Program, however, recent significant changes within the proposed local law has prompted a second review of the action. The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below listed Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendation is considered: The recent amendments strike wetlands and coastal erosion hazard areas from §280- 70. General requirements for all wireless communication facilities, item (C). The section identifies areas where antenna support structures are prohibited to be located. It is recommended that to further Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion, and Policy 6. Protect and restore the quality and function of the Town of $outhold ecosystem, the following language is added to the referenced section: Antenna support structures shall not be located in the following areas, unless the applicant shall have obtained a permit from all relevant regulating authorities. (1) Wetland: tidal and freshwater (2) Coastal Erosion Hazard Areas Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Southold Town Board - Letter Board Me ctober 6, 2009 g RESOLUTION 2009-823 ADOPTED Item # 5.31 DOC ID: 5346 THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 2009-823 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in Relation to Amendments to Wireless Communication Facilities" to the Suffolk CounW Planning Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 13, 2009 Page 37 #9478 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 1st day of October, 2009. ? Principal Clerk Sworn to before me this LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York~ on the 22nd day of September 2009 a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications FaOlities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October 2009 al 4:35 p.m. at which time all inter- ested persons will be given an opportu- nity to be heard. The proposed Lo,al Law entitled, "A Local Law in relation to Amendments to Witniess Communications Facilities' reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless BE 1~ ENACTED by the Town Board of the Town of Southold as follows: I, Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Code of Federal Regniations, Part 97, to operate amateur radio stations, or satel- lite antennas that are used for individual business or residential voice, data. or video communications. §280-69. Definitions. As used in this article, the following terms shafl have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tow- er, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless tele communications signals or other com- munications signals. ANTENNA SUPPORT STRUC- TURE -- Any structure that is designed and constructed primarily for the pur- pose of supporting one or more eaten nas for wireless telephone, televisiom radio and similar communication put- includes radio and television transmis- viously existed or are being constructed for a primary purpose other than a wire- ity pnie, or church steeple. BASE STATION EQUIPMENT - Equipment integral to thc operation of shelter, backup power supplies, genera- backboards, wiring, grounding loops. CO-LOCATION - Thc usc of a sin- one provider (vertical co-location) and/ and/or receiving radio frequency signals EQUIPMENT SHELTER -- An mount within which is housed the base nications facility. ground within a prescribed radius from the base of a wireless communications GUYED ANIENNA SUPPORT STRUCTURE -- An antenna support part, by guy wires and ground anchors. existing carrier's antenna array, re tation or relocation of existine antei changes affecting the overating ficeq cies. effective radiated vower or nut of oneratine channels. A modific~ shall not include ordinary maintem MONOPOLE :- A ~eestandi~ single pole, without guy ~es or g or the l~atinn of the antenna, e.g A. ROOF MOUNTED - M. on the r~f of a building. B. SIDE-MOU~D - Moun the side of a bu~ding. C. STRU~RE-MOUNTi building. D. ~USH-MOUNTED - M · at the profile of the antenna(s readily apparent. ed within a building or other strut the ou~ide. E GROUND-MOUNTED - ~ ed on the ground. ORDINARY M~EN -- Work done to an existing v telecommunications facility an of maintaining them in good op, cludes inspections and testing tu lain functionality, aesthetic and rural integri~, and involves the ~ repair of a wireless facility ~clud like-for-like revlacement of dam* defective comoonents without changing anything and therefor not include modification~ RAD10 ~EQUENCY (RF) LEGAL NOTICES CONTINUED FROM PREVIOUS PAGE yard setback areas shall be landscaned and include shrubs and trees. Survivabil- ity of the landscanin~ shall be ~uaran- teed and maintained by the anniicant fo[ the life of the installation e. Site liehtint. The li~htin~ vermi~!¢d shall be the minimum reanired to oro- tect the oublic welfare. Facilities sited o~ existing develoned sites shall be incor- porated into the li~htin~ nlans of those sites~ Outside li~htin~ shall use fully- shielded fixtures so that the light sour~q is not visible from beyond the orooerty line. and no lieht is reflected or shone to- wards the sky. exceot in the case of struc- tures reainred to follow FAA euidelines for safety li~htino. of the structure at it,_s~,h,i hest oint, in FESSIONAL -- .A. person who s Will be apphed by ~ound appfl~tion ba~ot ~d ~e ~ ~ D °nee a week, lf needed, to mosquito sites · ~om 3:~ pm until 9:~ pm and as muO m approximately ~ salt mmh acres longer as may be ne~ssa~ to enable the F~ bordering Gardiners Bay in the Village of Orient from Peters Neck to Orient State Park and north to the Main Road basins in the Orient Mosquito District. WEEKLy GROUND APPLICA- voters then present to cast their ballots; and ' ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 2009 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED t {~ 0 200Y $outL-k/Town Cler[{ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 20, 2009: 4:35 PM - A Local Law in Relation to Amendments to Wireless Communication Facilities - A Local Law in Relation to Amendments to Zoning Code in HB and B Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals S outhold[ Town?uildi~g Department Signatur~Re, ceived B Please print name Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Seplember 25, 2009 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southc~h fork.net PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 20, 2009: 4:35 PM - A Local Law in Relation to Amendments to Wireless Communication Facilities 4:40 PM - A Local Law in Relation to Amendments to Zoning Code in HB and B Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suflblk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Asses~CO~s Soutp~ld Towp Buildl,nfl Department Signatur~,$q~c~qived. By C_.~.~A ^ . Please pr~nt"nan~e- ' ' Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Title:/~/~ f~~---~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 20, 2009: 4:35 PM - A Local Law in Relation to Amendments to Wireless Communication Facilities PM - A Local Law in Relation to Amendments to Zoning Code in HB and B Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors .~QSout~own Building Department --~.at,ure,RecelvL'fil~y D, . ~se print ~n~e Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 20, 2009: 4:35 PM - A Local Law in Relation to Amendments to Wireless Communication Facilities ~ PM - A Local Law in Relation to Amendments to Zoning Code in HB and B District,~ Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, RecSived B~ - Please print natne } Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork, net OFFICE OF THE TOWN C~,ERK TOWN OF SOUTHOLD September 25, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 20, 2009: 4a35 PM - A Local Law in Relation to Amendments to Wireless Communication Facilities ~-~ PM - A Local Law in Relation to Amendments to Zoning Code in HB and B Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, l~ec~ve l~y~ _ Please print flame Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 2009 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net RECEIVED OCT 2 9 2009 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 20, 2009: 4:35 PM -A Local Law in Relation to Amendments to Wireless Communication Facilities :40 PM - A Local Law in Relation to Amendments to Zoning Code in HB and B Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals So~thold Town Buildinfl. Del~artm.~.tll-.~ .~~....... Date: .~_~~~ ~ Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING October 16, 2009 RECEIVED Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk 0¢~'[ 2 2 20O9 ~outhold lo~m Cles~ Applicant: Town of Southold Zoning Action: Amendments: Sections 280-4 "Definations" 280-48 "Use Regulations" 280-78 "Off-Street Parking Area Municipal File No.: Local Resolution No. 793 S.C.P.D. FileNo.: SD-09-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas A. Isles, AICP ChiefPlanner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 Page 1 of I Cooper, Linda From: Legals [legals@timesreview.com] Sent: Friday, September 25, 2009 3:25 PM To: Cooper, Linda Subject: RE: Hi Linda, I have all 3 and we are good to go. Have a very nice weekend yourself. ;) Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Friday, September 25, 2009 3:06 PM To: Suffolk Times Legals Subject: Hi, here are 3 PH Legal Notices for the 10/1/09 edition of the Suffolk Times. Please confirm receipt of these notices. Thank you and have a wonderful weekend. Linda J. Cooper Deputy Town Clerk Town of Southold 631-765-1500 Life may not be the party we hoped for, but as long as we are here, we might as well dance/ If you really want to be happy, nobody can stop you LL.,,/5 ~ L. k b /)?/;/LR ..... 9/25/2009 Page 1 of 1 Cooper, Linda From: Lanza, Heather Sent: Friday, September 25, 2009 4:34 PM To: Cooper, Linda Subject: RE: Rec'd them From: Cooper, Linda Sent: Friday, September 25, 2009 4:33 PM To-' Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Please acknowledge receipt of these notices of PH. Thank you Linda J. Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for, but as long as we are here we might as well dance! If you really want to be happy nobody can stop you 9/25/2009 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Friday, September 25, 2009 4:33 PM To: Bunch, Connie; Cantmll, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Attachments: Wireless Communic. Amend 10-20-09.doc; Convenience stores 10-20-09.doc Please acknowledge receipt of these notices of PH. Thank you Linda J. Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for, but as long as we are here, we might as well dance! If you ~ally want to be happy, nobody can stop you~ 9/25/2009 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 20, 2009: 4:35 PM -A Local Law in Relation to Amendments to Wireless Communication Facilities 4:40 PM - A Local Law in Relation to Amendments to Zoning Code in HB and B Districts Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Ottachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22"d day of September 2009, a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: {}280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. ^ ....... ,~cc~ c~;~;~., c,.~ ,~.~ §280-67. Purpose. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §280-69. Definitions. As used in this article, the tbllowing terms shall have the meanings set tbrth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including s~ ........ e,,v ............ monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security t~ncing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications fhcility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in pan, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground Ievel (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed withont guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. Modi,qcatic, ns ska!! be (l) (3) (4) (5) (6) po~ ................ ~ ....... ~ MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless communication facilities. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in §280-69. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas: (4)(1) Lands purchased with Community Preservation Funds; (6)(2) Designated parkland. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer, and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. Federal Aviation Regulations. All tc, wcrg wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts: LI, LIO, MI, MII, B, and HB, are subject to the following restrictions: (1) Minimum lot size: i. rr rTr~ r~ v. ut~ in accordance with the bulk schedule for each zone :: ~v.~ 200000~q fl (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80~ R-120, R-200~ R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. fl. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting (5) the site design appearance criteria for residential zones in Section 280-76; and Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the (6) Radio equipment shelter: and Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal 1o the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, wh/,~k ~ha!! ~e n~ mr, re, frequent!7 than cver;' t':ve ';cars, the prc,;5~er owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height !i that is taller than that required by installed and operational antennas. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co-location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. e. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. §280. 70 71. A ~:~:~:. ..... :*+~'~ uses Required approvals. A. NO WYC C~qS .......................... j ...... e .... , ............................... Building Permit Required. (_1) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval if it confcrm~ tc thc Sect;~cn 250 70 and falls in one of the following two categories: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms to the following requirements_.' for i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of O) floor area; or Located in an underground vault, with any above- ground components screened from view with evergreen planting; or Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adiacent residences;- or (b) .,,,j,~.~a~;-~ Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements_.' 7/. i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: (4)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the '~ ...... ~ 72 following requirements: i. Roof-mounted facilities shall conform to the following requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); or (3)(b) .,.,j,~.~a~;"' Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or Mil zoning districts and causing a visible change to the exterior, and which conforms to the following requirements .... v ................ ~ ...... i_. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval; and ii~. Base Station Equipment (as specified above in 280-71 A(2l(a)(ii_). C_. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if monnted on a building fagade, shall be flush mounted and painted or otherwise treated to blend with the faCade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building (2) workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. Access. Access to wireless facilities shall be from already established site (3_) (4) access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except/hr wireless facilities specifically designed (5) for mounting on electric transmission towers, or within the tbotprint of such towers, no wireless communication facility shall be located nearer to an,/overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to (_6) provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape (7_) or within 300' of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to (_8)_ make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other (9) (10) structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adiacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10' above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buff'ers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-7_2-3. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV ofdae coe'atho!d Town Code this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the pro isions of this chapter Planning Board :~ *~ ..... ;~'";~" ~'~ Standards. In addition to the standards in Article XXV of this Code Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial eflbrt to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally-owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. __ ~ ........... Expiration. .................... ......................... , on- o the ~"~ ~Ac 't~c .... ~ .............. , ...... v ................... to des n Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Plarming Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such {}280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees ii.a. Majer modification $500 i-ii.b. New facility $750 (2) Site Plan Application Fees i.a. Ma.~er Modification. $1000 i4.b. New facility $2000 (3) Special Exception Application Fee $1000 (4) Re ie byi depe d It t ~-~n ........ ~,~+~,~n- ..... a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established ,i prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subiect to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to V2 of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in § 144-8 (C). a. Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with §280-70(J). b. Written documentation as to the facility's structural compliance with local, State and Federal Codes. c. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. d. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. e. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existin~ coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search (2) ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. g. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. h. Other information deemed necessary to assess the compliance with this law. Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with {}280-71 General Requirements, {}280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Site Plan Application. The following application requirements are in addition to those required in {}280- 133: : ...... ~:~,~ ~. .....· ~,~a 73B(!) the completed (1) Seven copies of ...................... ~vv Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. 1i (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) (2) (4)(3) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co-locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co- location of additional antennas for future users. The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. (8-)(4_) The applicant must also explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is pan of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. {}280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former {}280-76 moved to {}280-71(M) of this Amendment. {}280 77 7._~6. Removal and height reduction; __Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, with thc,.vv..,,.-~ ,~.~c~'~.... 'r.,~.... ..... ~'~'~.*,r~^~'~ give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense ..... r. ............ v ..... vv ....................... ....... ;~,:^. r~.;~ ..... ~..~;o ..~;~ All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as atbresaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law ~64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280. 78 77. ·~T,....v...v.r"~:...-..~ ....... ~.~. Pre-existing antenna support structures and antennas. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. {}280-79 78. l .........] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. {}280-8079. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. {}281) 8!80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Dated: September 22, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON October 1~ 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suflblk Times TC's Bulletin Board ZBA Town Board Members Bldg Dept Town Attorney Planning Dept STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ,~r-tt~ day of~.-,m~ ,2009, she affixed a notice of which the annexed printed notice is a true cop'y, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: LI, Amend. to Wireless Comm. (_J Elizabetl~ A. ~lelTille Southold Town Clerk Sworn betbre me this c~y day of ,<~,. ~ ,2009. Notary Public ' L1NDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk COL, Term Expires December 3 , 20 z/~- ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2009 Re: Resolution Number 792 "A Local Law in relation to Amendments to Wireless Communication Facilities" in the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on September 22, 2009 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law will also be sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 4:35 P.M., Tuesday, October 20, 2009. Please do not hesitate to contact me, if you have any questions. Thank you. Every truly yours, · ~eville Southold Town Clerk Enclosure cc: Town Board Town Attorney ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2009 Re: Resolution Number 792 "A Local Law in relation to Amendments to Wireless Communication Facilities" in the Town of Southold. Martin Sidor, Chairman Southold Town Planning Board 54375 State Route 25 Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor, The Southold Town Board at their regular meeting held on September 22, 2009 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law will also be sent to the Suffolk County Planning Department for their review. The date and time for this public hearing is 4:35 P.M., Tuesday, October 20, 2009. Please do not hesitate to contact me, if you have any questions. Thank you. Every truly yours, - ~ville Southold Town Clerk Enclosure cc: Town Board Town Attorney RESOLUTION 2009-792 ADOPTED DOC ID: 5313 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-792 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009 a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the Resolution 2009-792 Board Meeting of September 22, 2009 provision of any wireless service. Any ',:'nstaffzd fa.~i!ity fc, r tL:e tranzmf~gion and/er rcccptic, n of §280-67. Purpose. A. It is the express propose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of stmcture, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. ,~280-69 Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 2 Resolution 2009-792 Board Meeting of September 22, 2009 ANTENNA SUPPORT STRUCTURE - Any structure that is designed and constructed primarily for the purpose of supporting one or mom antennas for wireless telephone, television, radio and similar communication purposes, including self 3'~pTcXing !att/ce tower3, gu;,'cd towem and monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or chumh steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet~shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION - The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE - An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT - When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE - An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discemable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carder or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, chan~ing the footprint of the structure, Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 3 Resolution 2009-792 Board Meeting of September 22, 2009 expansion of the base station equipment or compound area, addition of antennas to an existinE carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not ~nclude ordinary maintenance, as defined here~n ....................... be ............ MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. profile the ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the nom~al repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 4 Resolution 2009-792 Board Meeting of September 22, 2009 radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product ora wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, pemonal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless communication facilities. A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other app!.i.~b]~.~utions of the Tox~q. C~d~. All wireless communication facilities~gd modificatio_n~s_tg_.~__u_ch facilities (as de.~ned in §280-69) shall re~qgj..r.~ a~_b. uilding pero]._j!~ site plan approval, and special exception approval un ess 'sted as exempt in §280-71 "Required Approvals" ex~I~t in cases of ordinary ma ntenance, as defined in §280-69. No new antenna suppo~ stmctures..~ay_b_e_c~onstructeO.~yithout a ca_trier licen~e~! b_Y the FCC as a provider. An FCC-licensed provjd~e[ o~f.~?eless communications services must be the a_p_plicant or the co-ap, plicant for any proposed new w re ess comm_~.~[ion facility 99:!99gti0n or modific~[ic!r~, Guyed or lattice antenna support structures are prohibited. Antenna support stint.res shall not be loctite_ d jo_Lh_e following (t~-4¥e~ ........ nd~es~va~r; (2) -Land above.~igh groundwater{within ten feet of the. surfaee). ~4~(1) Lj~.~ureMsed with Co_mmunit~ Pres~on Fu.ds (5~C~smbg~i~H~z~rd 6re~; (6)~) Desig~.p~¢land. Fall Zones. An antenna suppo~ structure must include an area sugounding it that is_fr~ o~t~e~ st~ctures aofl areas where peop}q ~0gr~gate~ except the base egui~e_~=~{[~ ~ radius e~ual to ~is~ance of twp~.0mg8 the height of the s~cture. A smaller fall zone may b~311owed if su~0g~.~y a report submitted by a qua fled st~t~rg ¢¢g neer and ~hQrated by an igd~p~d~g[ ~onsultant ~ired by the Town t3~t demonstrate5 ~ha[ a smaller fall zone i~.approphate an4 Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 5 Resolution 2009-792 Board Meeting of September 22, 2009 safe. The fall zone of ~:_n..3_n_Ce_nna support.~tru_cture must _not_i~_~!ude areas whe[e p.~9.p!e con~;rega~ and must bec_clear of all sLm._c.[urg's ~xcept the base s_~ation cqui.pm~n!: E.G. Federal Aviation Regulations. All towers wireless facilities shall comply with _applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal ~y[_atign regulations or would otherwise interfere w th the operation of radio navigatim3 _aic[~. ~mrngr[i~ations and~r._airp~r~ operations is proh b ted F.H. Antenna support structures in the zoning districts.____~ LI, LIO, MI, MJI~.B, and HB, are subject to the following restrictions: (1~ Migi_mu___m__iot size: ~. -LI~ LtO~H[~-- in accordance with the bulk schedule for each zone u -MI-& MI1-20 o~ L2)Maximum Height: 8_Q.f_ee~t Minimum distance of all wireless equipment to adjacent residential property lin~ or. str~e[~.~l!al[ be no Ies~ ~13~r~ ~0~0 f~eet. G.I. Antenna support structures permitt._ed in AC, R-40, R-8_0, R-120, R-200, R-40Q, LB, RO~ RR, HD, or AHQ gonin~gdis_tri_c.t~s a~r~t]bject to the following condition__s (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq: ft. of qq!!!iguous vacan[ I_ar~d.r~.~!g~[~l from.~4.r~.r~..d~nt a d~¥~; deed for the duration of the prgl~rt_y's use for the wireless facility; and ....... (2) ...... M~_a_ximum height: 45'; ang (3~ The structure is a monopole with interior-mounted antennas, or ti s_qi_ta_ _bl~e unobtrusive camoufl_age structure; and (4) ~ru~[ur~ is screene4 fr~r~ yi~v~ from su. rrp~¢c[. Bg propert es.~y d~r~5~ vegetation and_tr~g~e_i~ther planted ~[ existing, and me~tjy~g the site design gpl~arance criteria for re. sidential zon_es i~n .~.e. gCon 280-76; and (5) Noise from J?~5~.~q~ipment .jr~[~c[ ng ~any backu, p.g~o~ra[c~r,.measrtre~ less than 45dB at an outside location 10 feet from the e uq~pment shelter; an~d _ (_6) Minimum distance of all wireless equipment to adjacent m_sLd, e.n_tjaJ_ property lines or street shall be no less than 500 feet. ~.!, musi fa!! wjtb.j.,~ tt,~ ~aimum ~i~ibk ~ap~ur~ (~) limits established by the FCC. ..... (!) A power densi[y. ~.nalysis of the radio emissions for the prp~o~ed w re ess communication faci!jty must be prg~ided by thee applican~..f_h_e_power density analy_si_s shall be prepared and signed by a q~_a!jfied professional specializing in rgdio ~gmmunicatigB faci!ities. __ (2) The results fi'om the analysis must clear_ly show that the !ex~.!s of the electrom'agr~g~ energy generated__fmm the pro~osed faci!i!y a.[ [h~.r[~r~t point(s) 9f~pul~[i~ 'a~cess an~ ~[h~.pq g!.(~) of density (if other than the nearest point o___f public access) are within the Maxitnum Permissible_Exposure (_M_p_E_) limits established b.Y~lb¢ FCC which are in effe51 at the time c~[.[h.¢~pplication. ....... (3) The power density a__Balysis must be based on the most recent edition of FCC Offi~ E}3gjB~¢ring a~3d T~hog!ogy Bull~[k~ Nq .5~, mg~t c te the specifi~ formu:!_a5 and assumptions used an_d r0._u, st_sh~ow~a ca cu__at ~ns Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 6 Resolution 2009-792 Board Meeting of September 22, 2009 and mus_t, is¢lude simple sketche_s s~hg_wj~g_~h~ spatial relationsh~ips_ b_~.e.e~n t~he_f_gc_ili_ty and the points of interest. If the wireless ~Qmmunication facility WpU!C~ h~. 5~.r!(~5~te~t with an existing fg~i!itY d_esi~gned for futura expansion or co-location, the cumulative effects of all emitters n~w_on_~_or likely to be ont,~t~f_fa~c_jJjtyj_n__tlg_e_._fc__m_r_e_.~_ust also~b~e_ (4) The Eo_~wer density anal.ysis shall be based on the assumption that all aot~o~$ mgtmt~d on the proposed faqi!ity ar~ 5imp,[t,3~!¢pcs!y transmitting radio energy on all channels ~[~ power level equal to the maximum transmitter power rating_specified by the manufacturer. (5)__ The_con.c_Jt!~sjons of the power density analysis_must_ be corroborated b_v_an~ independent radio fre~l.U, q!!c_y_ engineer retained by the Town tgAgrovide SUq~. 4~'~ir~atJgns. t.K. ~At the request of the Building Inspector, whiel~shatt-bey_n~.m~[,; fr~tt2e than _~vept~f,~ve.~L~rs~_th*pro~ider owners of wireless facilities shall prov~d~ ~ structure! ig~p~'~igr~ [~po.r[ pr~p~,r~d by a st~uya[ ~r~gineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. L. No antenna sup. port structure shall be constructed ak.o~r r_e_main ak a hm~ht that is taller than that required by installed and operational antennas. M. Site design standards. All wireless facilities, including c.9:19_c_p, tions, shall be the least visually. obtrusive de~sign~possible that also permits the applicant to achieve its service needs. To that end, the following design s_ta_nd~a_rds~s_hall apply to all wireless communication facilities installed or constructed pursuant to Setbacks. Agt~gg_a_s_u31port structures and equipm~;nt fa~:i!i~i~5. ~b~l[~adhere to the seth~cks f9.r pr~o~! ~5~ in the Bulk Schcd~!~ applicable to the zone in which the stmctum~ am located, unless o~e~ise indicated elsewhere in this chapter. ~_~:_~Jg~5563JJ not bepemfitted on facilities except for si~s displaying contact infomation and safet~ instructions, required~ ~afe~y ~gn~ ~h~ll ~ein accordgnq~ ~th ~ National Standards Institute ~A~SI) standards for radio fresh, Bey_ radiation wamingsigns. Contact ~i~s shall identi~ all se~ice prgvidem located on the facilit~.~g~bhall include no~al 5~rge~cy contact info~ation for each. Such signs shall not ~5~d five square Base e~jp_¢_~nJ she/ten For newly co~.[~..wireless faciliti~ ~hase equipment sh~!t~r_is limited to 50Osquar¢~[~¢t If~h~ 9~1y ~pO~t~f. te~ wir~!~ f~.i!.i~y.is.g~jg¢~d for location, the facility~gy bg..~P to 1,000 square feet. The base eguipment shelt~r..5~0[[~.~_9~nstmcted with a fiBjs~similar to that ~f_adjacent structures onthe ~9~_Uy ~nd integrated into the architectural style. AnTaew.~ constructed base equipment shelter ~h~l! h~ ]ocated in accordanc~ ~i~b [h~ ~inimum height ~nd y3rd [~flg_iE~ents ~ftM zoning district a~pli~ab/e to the site, and ~p_N Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 7 Resolution 2009-792 Board Meeting of September 22, 2009 t_w~%adjacent off-street parking ~l~a_ce~s may be provided for s~:fvic_e vehicles. d.~.Ba3.e~ equipment shelter l?,rtct~qgping. A screen o1~ shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adioining pri~y0te lZ~perties and the ~blic right-of-way or other y3~[_age_l~j_ms_ accessible to the public. The screen shall consist of a double row of ey~rgr~r~ ~hrul~ ~d trees that ar~ ~f ~q(fi~.i~nt.d~n~sJty an~ height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shallh~g.uaranteed and maintained by the applicant for the life of the installation. e. ~i~ !igh[ir~g,._Th~ .[~gh~j~ng permitte~d sh~[[ b~ th~ mjnilgum required to protect the~l~.b_li~c_welfare. Facilities ~[~cl on develqpe~d.sites shall be_incorporated into the lightin~g.plans of ~th~s¢ ~ites. Ou[~i4~: !igh.[i,~g. ~ho!! use the light source is not visible from beyond the propert~n__o light is reflected or shone towards the sky,_~xqept in the case_ o~f~ stmctures reqgired to follow FAA g~uidelines 15(/~ 5a_f_~t~l~ghting. §280-70-71. App!~eabJ.!ity, per:~.2tted :::z: Required approvals. C.A. Building Permit Required. (!) All applications for a building permit shall comply with §280-70 Genera Requirements for all wireless communication facilities and ~280-74 Appl cat on Requirements. (~) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval xf it ........... to .............e, 8eet~on-~4?v~70 and falls in one of the following two categ~ories: (_a) (_a) New wireless facility that is interior-mounted in an existing building or existing StlUCture in the LI, LIO, B, HB, MI, or MII zoning districts which .confomas to the following_requirements; _i.__lnterior-mounted facj. lj[jes in existing b~u_i!ding_s. S~h. al! be ~on~/tmct~d ~o.[h~L[h~ ~ward appe~rgn~ 9~fl~ bud ng or stmcture before and after the installation is complete is identical or nearly idgnt~ig3h Th~e~.g~dition of a significan[~rg, hitectural feature on to an existing building th_at is visible from outside pgrpose of accommodating interior-mounted antennas shall recLu_ire site plan ~pprgya!3. ~nd ii. Base station Deleted:. Delol:~d: All w a¢less facilities and modifications thereto require a building pennit, site plan approval and special exception approval except itl cases c ordinary maintenance as defined in Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 8 Resolution 2009-792 (3) (~) Board Meeting of September 22, 2009 l. Located w_ithin an existing shelter or buiLdj~nx,~gEUt_o.bq ~p~R4_e_d__beyond an addi~j9_ga_l ten percent of floor ama~ or 2. L0~[~ ir~ an undergrougd v/3~!'~, w.iSrb any above-ground components screened from view with evergreen planting; o_[ 3. ..... ~n~t_iy.~!y c~oncealed from view with 4~¢ ~evergreen planting so that all equipment, shelters, fences, gates and other a~o~i~[~d structures are not v~bJ~ ~o~.~r~y ~g~3tt~ge point. Plantings shall be of sufficient size to achieve this sc_rgcging effect immediately upon plantiog: 4. Noise from base equipment, including an,/ba~_u/~ generator, measures less than 45dB at the nearest property lines of all adj~ccn~ Ma~cr Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the followingrequirements:. i. Modifications causin~es~entially no visible chang~.!b~ appearance of the exterior means that the antennas arc interior- ~0~p$~O.ig !h~.~Sist~g 5tructure and ~!E(' n~!.xi~ibl~ (r0~ ~g outside after installation. The base equipment area is expanded by no mor~_t, ha_n_!.0_% of_i~s existinxfloor are~, and is entirely screened from view from any public oLr.e_sj_d_g._n_t~al vantage points, including a!l r0a_d__s~.yards, and conm~emial buildings_the public ~:¢[E[~, Es~ptionally wel!z4~5~gB~.0.O~sh-~ounted antennas may also fall into this category if theg prese_n_Lo~.y(sj_bJ$ pro~le pzE~t~dLng_from the surface tO which dry are mounted~ and are camou~g~4~0, h!.¢nO j J3 ~ith the backgrou~O ?/rfa~E ~9 ~hi~h they are mounted; and B_ag_e_S_t_ation_Equipment (ps sp~gified al~_oye__in2 80-71 A~) a~l~ii) [~.B_. Site Plan Approval Required: (1_) All applications for site p an approva sha comply with §280-70 General Requirements for all Wireless Commun cat on Fac t es and §280-74 Application Requirements. (_2) A wireless communication facility is a permitted use requiring a building per.nit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 an4 falls j~.o~ 0f_the following ~0 ~at~gori~: (.t)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts which conforms to the '., Zo!!o~vjng rcquirg~m_en_t~ i. Roof-mounted fac_ ilities shall conforr~. ~t0 ~l~e following requirements: 1. Visual impact minimized to the greatest. ~ g~tent possible; _2. Height [?m[~d l0 go more than 10 fe~t ~bo~ tl~ highest point o~ t~h~_building.~ and Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 9 Resolution 2009-792 Board Meeting of September 22, 2009 ii. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflo:g~[ t.__Q_blend with th_~ f.~,~a.~ 9_.r J~ackground materials ~t~ [h~.~ruc[ur~ and iii. Base Station Equip~¢n~ (as specified above in 280-71 A(2)(a)(ii); or (~-)(b) Major Modification, as defined in §280-69, including co-locat on, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or Mil zoning districts and causing a visible change to the exterior, and which conforms to the following requirements; Delet~l: for permitted use in i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the increments! ~n~i. Qn o f~height oy~r .~jm~, .~n.y..~bs~quent application with a propos~4..e_$.t_e, ns~ion~b_eyond the first ten ~'e_e_.t_ shall require sp_e?:jal exception review and apprqval; and ii. B~ ~[~-[~13.Equipment (as s.p~iO~d.~b~y~ ~3 280-7[ A(2)(a)(_) _C.. Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Planning Ec, ar~. §280-72. Site plan approval. ,Text of former §280-71 and amendments moved to §280-70 of th s Amendment Text of former §280-72 moved to §280-71 of this Amendment. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Ca~9._ufl~ge on buildings. _~Wjr_ eles~s a~ntennas, if mqt~n[~_d_on a bud ng fagade, shall be flush mounted and painted or otherwise treated to blend with the facade. When a ~il:~[~. ~rarnunication facility extends abov~ ~h~..r~9[ I!~ ;bt of a bq_il, din~g o_n which it is moun[e~,._e._ve_Lx effort~shall b_e. made to conceal ~he facilely _w~[hjn or behind e;tisti~n~g~r_ch~i.[e_9~tural features to I_i~it its visibility ~I r~5~d~gt~al vantagg pqir~[~..ye~! permit th~ .f~:~i.].i~y to.p.~r~qrm its designated function. Facilities mounted on a roof shall be s___ .~pped back from the front facade i_n o~cdg_r.~tq limit their impact _o.~n.t. he building's__s_([.h__o..u_~ge~. I f antennas are part of the stepped ba_ck.fa__cility the appliqag[ Sh~lJ_su~bmit an acce~ss_~ontrol plan that precludes inadvertent access to the front faces of the antennas by building workers a,g~ [13~ g~geral pu:bli¢=.Th~.~i~e;!ess commu, nica,[ipn fa~ ~t es sh~: b ¢~.n.~t.[h t_he~ex_i_stin~g building's architecture an4.sl2.a.!.[~e_pa_inted or sh. iel~ded with material Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 10 Resolution 2009-792 Board Meeting of September 22, 2009 which is consistent with the desi~g~ features and materials of the building. (2) Access. _Access to wirele~ fa~{!_iti_e.s_sh~a!Lb_v._from a_lr_e_ady established site access (_3) Dish antermas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive _a_s p_ossib!g.=~nd in no case shall the diameter of ...... a dish antenna ex~cee~d_six feet. (5) Electric line setback. Except for wireless faci!iti~ ~p~.c.j.~c_ally_designed for mounting on electric transmission to,~p3=.g~r within the footprint of such t0wer~ no wireless communication facility shall be located nearer to any overhead electric transmiss~iEg~!ine, carrying more than 220 volts than a dista~g.g..ggu__a.!..tp th._e _facility's _heigh~abo.v_~ Jh~;. roof or other permanent structure to which it is attached. (5) ~:!gqgtjc!~, Wire!ess cgmmu~i~!jert £~j}i!j~ ~b.a!! be.designed to prgyj!!~ fg[ c_o_:_lg~.~ti~9 ~y.multipleproviders or designed so that the2 can be retrofitted to accommodate m~J. tipJ~_ providers, wherever possible: (_6) ~/i~ land~gapes and vistas, ,~I! ~at~!~0~9~ ~3~pl~rt structures which are not concealed inside of buildings or screened by existing trees or buildings, mus_t_~.~ surrounded by a planted buffer of den:~C ~t£ee growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' ora scenic (2) road, as designated by the Town, shall not b_e_taller than ten feet above the heigtg of tr~e5 ~J[hJB ~ }Q0~ r~,~J~45 c~ tj3~.proposed logg'~J~g, ~r }.~..m~simum i~ l,h~ absence of trees. Color_~ntegg~.~gppo~ stmc~res in the fo~ of monopoles or other towers shall either be blue/gray ~ ~9!Q.[~ or be colored appropriate to the context of the structure's location so that the tower is as unob~sive as possible, unl~55 othe~/~ m~ujmd hy. th~ ~¢ral Aviation A4mJgJ~ti~.([~), ![ ~ ~ireless communication facility is installed on a structure other than a tower,jh~_~tgnna and supporting ~!~..c.t£i_c~a[ a_~d_m~echanical equipment must be of a neutral color lhgl{5 ~dCntical to or closely ~mp~[ih!~..~it~. :thC ~olors of the supps)Giog structure so as to make the antenna ~d related e~ment as visually unobtrusive as possible~ (~)~ire!ess facilities sited within new stmct~ ~ant tomirnic some other structure or natural feature must be designed at a scale compatible with the ~mm~i~y, ~e u~obtmsive, and ch~mc~tJ~.~.~b~ ar¢~. Antenna suppo~ structures in or adjacent to residential zones. Where the site ~Qsed for an antenna supp~.~ structure is locate4 within a rehd~n~j~J..~Z ~as o~e Q[gno[~9~¢Gy. jines abutting or on the o~p~sj!~.sjde ora street from a residential zone or use pe~itted in a residential zone, no structures may ~ ~stm~[~d unless adequately 5.~r~g.~d ~r0~ .~ of those residential zones by existing buildi~g~.~r large trees, includin~j&(e~s, The stmct~ ~_gX`p_r~.[~4~ n~ore than 10~ above ~greening buildings and/or ~ees. [¢[hg abse0ce of an ad~3[~. ~g~t ~f existing !grg~..tr~5 9.r ~i~g~ ~o provide effective screening, the height of the prop95e~.~_~qsure_~av be no more ~h~_-352, and the base equ~ent mum be.b~d j_~n underground vau!h. rows of evergreen trees must be planted encirclin&~$jl~r~=..gBe row at a distance from the structure of 50% of the heist of the structure= and the other at 90% of the heig~l~f!h~.~l~r~. ~ransp!anted tre~5 caliper of three inch~s= 5pgf~d thi~y-feet on center. The trees.~t have an Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 11 Resolution 2009-792 Board Meeting of September 22, 2009 ~3Egq[~d_.h_ejght at maturity of at least 10' less than the height of the structu.[e_ ~0 be screened. Smaller evergreen shm_bs m_~L_b~ U_S..¢~ Ir~ fill in the gaps in between fqr ~r~ni~g du~ng the time th~:~ ~r~ ~,r~ fi!!ing in and maturing,. ~h~.P!a~r~ og Board magsy, a_[y_.t_he arrangement of the trees and shrubs to accommodate specific site condi_t[og_s~_a.~nd accomplish the gg_al_~£~cff~e~0i~g the facility from view of resi_dgrtSi0J_~rgperties. A written guarantee from the wireless facility'_~.~w.n¢_r.shol_l b_e ye_quired to ensure that the plan._ji_ngs surviv~e a~n_d~.~t~.e_t~aintained throughout the ~i~.~. ~[h~ i~[alla~ion: (10). Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial pro3~erties shall be located to the rear of other principal buildings and shall not encroach on plantingk_u_£f~_parking ~ar$? or otherwise impair th_e_gperation of previously approv__~_gd., systems such as ~c~rmw~r drainagcb~s~j0~, ~.~iS.[i~g ~uild~ngs and s~r~ur~ ~13~u d~b~ used n the siting of freestanding towers to con[ri~.R_t¢_t_o t~h_e ¥i_sual screening antenna support structure. I §280-7~ Specialexception approval. Authority. For the purposes of this section, notwithstanding Article XXV of~he Szutkold .......... th~s Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this requirement: in thi3 3cction. StandaMs. In addition to the standards in Article XXV of this Ccdc Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecorumunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the se~wice needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 12 Resolution 2009-792 Board Meeting of September 22, 2009 and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless cmmnunication facility which will minimize any adverse impacts of the facility on adjoining properties. ,Espi tion. criteria in this a~iclc, ta thc cxtent Any special exception approval granted under this article shall have a tem~ of five yearn, commencing from the grant of the special exception, which may be extended for an additional five-year tern upon application to the Planning Board. On a renewal application, ~e applicant shall demonstrate that the wireless communication hcility is in compliance with all applicable laws, roles and regulations and with all of the conditions of the special exception approval and site plan, that the hcility is necessa~ to provide adequate se~wice, and that there is no reasonable alternative available to the owner which will provide adequate semice without the continuing use of the hcility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such {}280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees ii.a. Major modification $500 i/4.b. New facility $750 (2) Site Plan Application Fees i.a. Major Modification. $1000 /4.b. New facility $2000 Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 13 Resolution ~009-792 Board Meeting of September 22, 2009 (3) Special Exception Application Fee $1000 (4) Review by independent consultants. In all cases -,','here the Tc, wn dctc.wn, ines that a a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subiect to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. b. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incunced. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ~A of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend/ts review of the application. c. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (!) ~he.fo!!~y~iog gpplj.~g~ioo requirements are in ad~i~i~ ~.Th~s~.r~q~.~4..~ §~44~ (c). a. Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). b. Written documentation as to the facility's structural compliance with local, State and Federal Codes. c. Copies of all applicable F~C !j~nses, notices of pro. posed construction or alteration~ fedora! verlf~g compliance with federal, state and local regulations. d. Propagation maps shall be submitted for existing coverage from ex/sting surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 14 Resolution 2009-792 Board Meeting of September 22, 2009 the applicant based on the applicant's documented coverage and reliability needs. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document/ts standards and criteria for adequate siej~al strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. f. Digital files of the propagation and gap maps, including attribute information, in a Geographic InfoITnation System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. g. A co~IzY of the deed or lease .a~reement establishing applicant's right to use the parcel on which th~ w~ irel_~.~3, communication facility is to be located. ~ ..... Qt_h._er_i0~f~._L~..~_tig~ ~l~:.~.r¢:~e~s~.ry to assess the compliance with this law~ (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 Genera Requirements, §280-72 Requirements for Pemfitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Site Plan Application. The following application requirements are in addition to those required in §280-133: (1) Seven copies of itemg a c liste~ aba;'e at ~2~°0 72~(!) the completed Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 15 Resolution 2009-792 Board Meeting of September 22, 2009 b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effor~ has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. ,(~(4) The app!!cant must, explain in writing to the P!ann!ng Board why !t selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other teleconununication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of ,(4)(~) Deleted: also Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 16 Resolution 200%792 Board Meeting of September 22, 2009 inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to §170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. · Text of former §280-76 moved to §280-71(M) of this Amendment. §280-77- 76. Removal and height reduction, Deleted:. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case ora wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, with t':.z, a~rc,','a! c.f t,':c Tc.':,'n Pc, ard, give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. The grant of a site plan appre','al ....... :~': ~-- r~:~:+'' ''~'~" '~':~ "'~:~-- All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal ora wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 17 Resolution 2009-792 Board Meeting of September 22, 2009 expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in tbe Town of Southold. B H~igh[ r~i~c[i~, _~gb~r~ ~t~ ~r~ moyed to !0~0r h~:~gh~ 0~3 ~.~?!~.fii!g ~ll~3r!~ s~ort structure,and the ~11 heist is no longer needed, ~e overall height of the structure shall be reduced. No antenna suppo~ stmq~f~_~b.~!!.E~ig ~L~_b~ght tba[is taller than that required by installed and operational antennas. C. This section is enacted pursuant to ~ 10 of the Municipal Home Rule Law to promote the public heal~, safety and general welhre of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent pomions of the Town Law ~64(5-a) and ~ovem the subiect of removal of wireless communication hcilities in this chapter. §280-78 77. Nonconforming, uses, Pre-existing antenna support structures and antennas. Pre-existing transmiss~onsupp~gg ~!x?~O. ~!3~.~B[qBggS, for which ~A~e~it has been issued prior to the effective date of this a~icle, may continue in use for ~e pu~9~_~ used and ~ now existing, subject to the conditions of that.p~.~jL_pj~tJgg transmission suppon stmctums and antennas may ngt_~.~ [~place__ d, structurally altered, or added to without complvin~spects with this a~icle. The issuance of pel~it renew0!s 9; o~r gew pe~ts for such_ fa~i!itj.~..~h~!!..b~.i~ a~ord~ ~i~h ~h~ provisions of ~is ankle. Preexisting lr~ogmission suppoN structures and antennas ~ ~ithg~I ~h¢ prg~xLp~il~ ~hall be considered out of com~!jAnc~ .~[~.[~i~.!~i.~!~: B. Any wireless service provider with at least one~eexisting transmission support structure ............ 9~r anten¢.a in...t_h_.eff_o_wn_o_f_S_9~.t..h_oJ~__thal i5 out of~ompliance with the building and zoning requirements in this Chapter,prior to th~doption of this article, shall not be __ eligible for any new approvals until the ~existing transmission support structure or a~t~nna is brought into ~0mp. l.j ~ y~il:h ~t~!i5 i!l!.i~l~ C. Until all required permits am secured, no i_s_sua, p~ce_pf any new pernfit shall occur fora ___request to co-locate, attach, or sham an e~dlstingtra_nsmis~j~.~gpport structure, when such existing facility is found to have one or more antennas or mounts without pennits. Any 9.pplication by a wireless s~rviq~ p~gy_idgjLS~l[~g: ~!~;~ incomplete, if~that __ provider has a pj'e_ex_isting transmission support structure in the Town on which there is any antenna or mount without permits, and 5ij~l~pplicationshal/not be proces_se_d_u_n_tjj that facility is brought into compligB~ ~i~l!.[~i5 gr!i~l~, §28049 78. [Rc:cr;'cd] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by Deleted:. Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 18 Resolution 2009-792 Board Meeting of September 22, 2009 doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (I) In commercial zones, where codocation will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (l) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any altemate locations, or are already constructed to be as unobtrusive as possible. §280-8079. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §280-8t-80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 19 Resolution 2009-792 Board Meeting of September 22, 2009 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 20 Southold Town Board - Letter Board Meeting of September 22, 2009 RESOLUTION 2009-792 ADOPTED Item # 5.40 DOC ID: 5313 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-792 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009 a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. Generated September 28, 2009 Page 43 Southold Town Board - Letter Board Meeting of September 22, 2009 WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision wireless service wire!egg ........ §280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: Generated September 28, 2009 Page 44 Southold Town Board - Letter Board Meeting of September 22, 2009 ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar commumcatlon purposes, including ........... monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground Generated September 28, 2009 Page 45 Southold Town Board - Letter Board Meeting of September 22, 2009 anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discemable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification ~hail not include ordinary maintenance, as defined herein. ~.~:c.~.: .... ~.~,~ ~ ~.~:c.~,~., MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the of the antenna(s) is not readily apparent. profile Generated September 28, 2009 Page 46 Southold Town Board - Letter Board Meeting of September 22, 2009 E. INTERIOR-MOUNTED - Mounted within a building or other structure so that antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. the · ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. ~80 -70. General requirements for all wireless communication facilities. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in §280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in 6280-69. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any Generated September 28, 2009 Page 47 Southold Town Board - Letter Board Meeting of September 22, 2009 proposed new wireless communication facility, co-location or modification. B.D. Guyed or lattice antenna support structures are prohibited. __G.E. Antenna support structures shall not be located in the following areas: (4)(1) Lands purchased with Community Preservation Funds; (6)(2) Designated parkland. t~.F. Fall Zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer, and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. E.G. Federal Aviation Regulations. All tcwerg wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts: LI, LIO, MI, MII, B, and HB, are subject to the following restrictions: (1) Minimum lot size: ';_. L!, L!O, E & HE in accordance with the bulk schedule for each zone (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 sq. ft. of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45'; and (3) The structure is a monopole with interior-mounted antennas, or a suitable (4) (5) unobtrusive camouflage structure; and Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-76; and Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; Generated September 28, 2009 Page 48 Southold Town Board - Letter Board Meeting of September 22, 2009 and (6) Minimum distance of all wireless equipment to adiacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. Building Inspector, ', ........................... request of the · ' ,,!~i~h ....... c. .......... ~ ...... ;a~, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (1) All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: (5) i.K. At the Generated September 28, 2009 Page 49 Southold Town Board ~ Letter Board Meeting of September 22, 2009 Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. Base equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co- location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adiacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adiacent off-street parking spaces may be provided for service vehicles. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. §280 70 71. s--,;..~a:. ..... ~.~a .....Required approvals. Generated September 28, 2009 Page 50 Southold Town Board - Letter Board Meeting of September 22, 2009 All wireless facilities and modifications thereto require a building permit, site plan approval and special exception approval except in cases of ordinary maintenance as defined in {}280-69. Building Permit Required. (1) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application Requirements. Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval approval ~f~t con ............. c~,~...:-~ c~.:~- ,~on 79 and and special exception . · falls in one of the following two categories: (~:) (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms to the following requirements:_ for l:Cm.ittc~ u~e ... :~ ~,~Qn~,~ 72 i. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; o~r 3. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. 4. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences; or (3) (b) Majcr Modification, as defined in §280-69, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and Generated September 28, 2009 Page 51 Southold Town Board - Letter Board Meeting of September 22, 2009 which conforms to the ' ' . r ..... ;,.~,~ .... ;. ~-~a following requirements_. ~.,. v ................ ~,~,~ i. Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior- mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1_) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2_) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: (4-)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which conforms ..... ; ......~ c ..... :.~ .... :~ ~o~ to the .,~,~ ............... v ................ ~'~- 72 following requirements: i. Roof-mounted facilities shall conform to the following ii. requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 feet above the highest point of the building; and Side-mounted facilities shall be flush-mounted and painted or (~)(b) otherwise camouflaged to blend with the facade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); o~r Major Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior, and which conforms to the following requirements: for permitted use in §280-72. i. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent Generated September 28, 2009 Page 52 Southold Town Board - Letter Board Meeting of September 22, 2009 application with a proposed extension beyond the first ten feet shall require special exception review and approval; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii). Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (l) (2) (1) (4) Camouflage on buildings. Wireless antennas, if mounted on a building facade, shall be flush mounted and pain,ed or otherwise treated to blend with the facade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existin~ architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building!s silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. Access. Access to wireless facilities shall be from already established site access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for Generated September 28, 2009 Page 53 Southold Town Board - Letter Board Meeting of September 22, 2009 ¢5) (6) (8) mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300' of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adiacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10' above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35', and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of at least 10' less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific Generated September 28, 2009 Page 54 Southold Town Board - Letter Board Meeting of September 22, 2009 (10) site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. §280-7g_3. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV of T-ov, a,,-C~ this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter ........ v ........................................ ~ .................... Standards. In addition to the standards in Article XXV of this Gode-Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and Generated September 28, 2009 Page 55 Southold Town Board - Letter Board Meeting of September 22, 2009 (3) (4) (5) (6) (7) landmarks designated by Town, federal or state agencies. The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. __ ~ ............ xplrad,,n. (3-) Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such {}280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees Generated September 28, 2009 Page 56 Southold Town Board - Letter Board Meeting of September 22, 2009 (2) (3) (4) ii.a. ~:~ modification $500 iii.b. New facility $750 Site Plan Application Fees i.a. ~a~:,,~ Modification. $1000 ii.b. New facility $2000 Special Exception Application Fee $1000 Revie by i d p d ult I ~n ........ ~,~ ,~,~ ~r ..... ,~,~: .... ~, w n e en entcons ants. n ............................................ a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ~¼ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) The following application requirements are in addition to those required in § 144-8 (C). Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). Written documentation as to the facility's structural compliance with local, Generated September 28, 2009 Page 57 Southold Town Board - Letter Board Meeting of September 22, 2009 State and Federal Codes. Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (2) h. Other information deemed necessary to assess the compliance with this law. Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Site Plan Application. The following application requirements are in addition to those required in §280-133: (1) Seven opi of' ~:~ ~ ..... f ~ -*~r~t~ the completed Building Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. Generated September 28, 2009 Page 58 Southold Town Board - Letter Board Meeting of September 22, 2009 (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (1 I) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) (2) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for Generated September 28, 2009 Page 59 Southold Town Board - Letter Board Meeting of September 22, 2009 (3) (43(3_) (7) future users. apr ........... : The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. A cop:, .................. The applicant must also explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. Generated September 28, 2009 Page 60 Southold Town Board - Letter Board Meeting of September 22, 2009 §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former §280-76 moved to §280-71 (M) of this Amendment. §280 77 76. Removal and height reduction. __Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the properly where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case ora wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, ;vit~ t~e apprcva! ~c+t.~ ~r ..... Ecard, give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. ~' ....... r ~ ~;,~ ~ .......... ~ ....... :~+:~ c~:~:, ..... ~-+~':~ ~'~:~ All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon Generated September 28, 2009 Page 61 Southold Town Board - Letter Board Meeting of September 22, 2009 which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the lew against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subiect of removal of wireless communication facilities in this chapter. §280-g8 7..27..nT .................. ..... ~,,~: ....... ~.~,_~.~=. Pre-existing antenna support structures and antennas. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subiect to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. Generated September 28, 2009 Page 62 Southold Town Board - Letter Board Meeting of September 22, 2009 {}280--79 78. [Rcse."¥ea,.] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (l) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. Generated September 28, 2009 Page 63 Southold Town Board - Letter Board Meeting of September 22, 2009 §280 8979. Severabilit~. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §281~ 8!80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated September 28, 2009 Page 64 RESOLUTION 2009-792 ADOPTED DOC ID: 5313 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-792 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009 a Local Law entitled "A Local Law in Relation to Amendments to Wireless Communications Facilities" and RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of October, 2009 at 4:35 p.m. at which time alt interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: !. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the Resolution 2009-792 Board Meeting of September 22, 2009 ~ ..- . · · ."r0vlslonoran"w;relessserv;ce' ^ ....... ,~cc~c.~;....c~..~, ..... ;oo; ....~/ ........;~_~c ...... / ........... s ...................................... j .-../, .................., an cqulpmcnt §280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; (2) Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 2 Resolution 2009-792 Board Meeting of September 22, 2009 ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including ze!f ....... :~ ~-'*:~ ' ............... ~ to',vero° and monopo]es. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals tbr communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 3 Resolution 2009-792 Board Meeting of September 22, 2009 expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein· Medi,qcations shall be c!assLqed as A · ; ,~/ ~ ...................... ~ ..............v .....area.; ~ ,/ ........................... c .......... 's ant MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roofofa building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. profile the ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 4 Resolution 2009-792 Board Meeting of September 22, 2009 radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RE) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless communication facilities. A. N~' ~ ~ ~irclc~s~ '~ ' communication' ~' facility shall be used,.' ·crectcd· · · t~' altercd' · , in thc Iown applicable scclion,', 0{'thc I (?,4 n ( B. All ' , .... ~ ,~ cj~!in~csLiB, ~28Q:ag~5~a~Lr~c~mrc a building pcrmiL sit~ pl~ approval, ~d special exception approval ~less listed as exempt in/280-71 "Required Approvals" ~.O. No n~ 5 antvnna support .uuctures ma bcc mstlucted %ithoui a carrier ]icc~lsed ~, the FCC as a provider. An t ((,-hccnsud pro ~dc~ of ~lrelcss g.D. Guyed or latlice antenna support slructures are prohibited. G.I;L Antenna su~ort structures shall noi be located in the lbllowingareas: ..... t~}(~ Preservation l-unds: Fall Zones, An antemla support structure must include an area sun'oundina it that is fi'ce of'other st~cttlres al~d areas where people con.tomato, except thc ba~c struclure. A smaller Z... i ............... fail ...... _... z~ L.Z.... n~ ma~ be i. ,tllov~cd ~ 2 l.....}...~ ~[ supgorted Z...... b. a rcDom b. a qu<t[llled slructural engineer, and cottoN>rated by an ilk eiCeildeill coi1sultant hired bs thc lown that demonstrates that a smaller fhll zone is Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 5 Resolution 2009-792 Board Meeting of September 22, 2009 st! !~, ! l~t.' Ii!l!/~q!c ill] ~!~! !!~.~.~:~:!'mi~ Y.!PP~ ~!! ~!!Tt~:g.~..[![g [!'~.!~! npl, i !~].!!~,!~.~!.[g~-!~ w! equiplnent. tg.G. Federal Aviation Regulations. All towers wireless facilities shall comply with applicable airport and/or air space hazard and/or obstrnction regulations. Any facility that wotdd be classified as an obstrtiction or hazard under current federal aviation regulations or would otherwise interfere wSth the operation of radio navigation aids. comnmnications and/or airport operations is prohibited. m'e sU[~ ~gt[9 !he {blkmi~!g r~lrjctions: (I) b!it)jjn.?~!Ji![ b_k~g i, I~--MO, ga fib in accordance ~xith the bulk {3 ) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 fket. G.1. Antenna support structures permitted in AC, R-40, R-80. R-I (in additkm to any other applicable conditions): { t ~ Minimum ~ea sm'rounding the proposed ]ocatkm: 2 ),00 tccd brlhc~t ' ~( ' the pr )pert~ 's t sc lbrthcx~ireless guc (3) Thc strtlcture is a monopolc with intcrior-mounted imtennas, or a suitablc Jew from su~ound'naEr~pert'es b5 dense L~3 Slructure ~s screened lrom v vegetation and trees, either planted or existing, and meeting the site desian appem'~ce chteda for residential zones in Section 280-76; and Noise from base cquip!Be~k~Bgluding an5 and .... ~90 Minimum distance of all wireless cqt~ment to adiaccnt residential limils established by the FCC. { 1 } A po~er density analysis of' the radio emissions lbr thc proposed ~irctess communication lhcili?'~jtD~L~e provkled density analysis shall be l, re¢ared and si~ned by a qua led rolkssi( hal specializing in radio c()mmunication facilities. (2) fhe results Dom the analysis must clearly show that the power density denM tv { if other titan the ncaresl poinl o f public access ) are ~ i thin the Muximum Pennissibl%{ xpos3n'~ (MPI:7~ limils established bi the FCC (q) lhepm~ densit~ analx .... . 'et F(C Office Engineering and Technology Bulletin No. 65, nmst cite the specific l:brmulas and assumptions used ~md must show all calculations Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 6 Resolution 2009-792 Board Meeting of September 22, 2009 and must include sim~ple sketches sho~4ng the~atial relationship_ commmfication hcility would be co-located with an existingRtcilit5, or is des~ned ~br tkture expanskm or co-location, the cu nulalivc ertL'ets of alt Mo I hg~t ~cr densil5 analysis shall be based on the assumption that all m~tcnnas mounted on the proposed l~cilit3 are simultm~eousl5 transmitting (5) The conclusions of ~e power density ~a ysis nust be corroborated by an independent ~Itdio fi'equency engineer retained by lhe Town to provide such determinafinns. ~..~ ..... :~ .......... ome~ of witless faclhtles shall provide a 5tB q~t..'{.. _.3.~s'~t~ r_g~Or_[~rcparcd. ~2 a structural cnein2c~ which verifies ~e stmctmal integrity of the wireless facili~ ~d ~y associated ~te~a sup~ stmctmes. L. No antenna suppol~ structure shall be constructed at, or remain at, a height that is taller than that required by insudled and operational Site design st~d~ds. All wireless facilities, including obtrusive desi~ possible fl~at ~so pemfits the applicm~t to achieve its service needs. To that end. the Ibllowing design st~m&~ds sNdl apply !.h~ ~erms o Fthi~ bo __Setbacks, Antenna sup4xm structures and gtJ_tlipmcni (~cilities otherwise indicated elsewhere in this chapter. Signs. Signs shall not be pem~itted on facilities except Dr signs displaying contact infbrmafion and safety instructions, which ~e ~National Standards Institute (ANSI) stm~dards for radio l~equenc¢ radiation warning signs. Contact signs shall idenlifv all service exceed live 5guare [bet in surt~ce area. Base equipment shelter. For newly constructed wireless fhcilitles. location, [he timilitv may be up to 1.000 square feet. "I'M base equipment shelter shall be constructed with a finish similar to that ~f adjace_~L:s_t_ruc_'LU.r~5 ol!.![~_p_2x*pertv a~Ld~_n_t_e~Jed__ip!9~!.he_ shall be located in accordance with the minimum height m~d yard requirements of' tbe zonina district applicable to the site, and np to Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 7 Resolution 2009-792 do Board Meeting of September 22, 2009 ', c.'.h.i.~!~, Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fbnce of the telecommunication tower accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density ~md height to immediatel~ screen the base equi~.-n_.e~nL!'_r±)m_x.:j._e_~y_.__R.c_q~ir_ge_~_t_ trees. Smwivabilitv of the landscaping shall be guaranteed and maintained by the applicant for the life of d~e installation. developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fiflly-shielded fixtures so that the light source is not visible t¥om be¥ond_th__e_~p_mpert'v line=_'-4.n_t_l no ljghl_is ret]_ected_t~_s_.h_9_r~_ko_¢m'd__s.t_l!~_.s_k_y,__e__x_.c_ept in the._c__a.s_e._~f.. stmctm'es required to follow FAA guideliues 'k~r s~'ety lighting. §280 70 71..s..,....-~....:--n~'a"" ....., ~- ~.......""~a :::ca Required approvals. e,~eept..h¥~e~rdm~ee .with..the-D-~w/sio ns ~d.:.th~.-~mieleam~.m~y .or her -apptieal'4e.~eetior~ ~of spec ',+at-.e~eep~m-al~o¥.ale~e. epM ~.~a~.(~:.or.d~m~rymai~mmm~ee-i~ Building Permit Required. (!3 All appl!cati0ns for a building permit shall comply with §280-70 Oeneral Requirements fgr all wireless communication facilities and §280-74 Application Requirements. .(2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval and special exception approval if it Pa !l~ j~ O.r~.~..9.f the following (3) (~) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil zoning districts which ............... g!~!!!i~.!r!~i!5..!~ [1!~-~ !~?!J9 ;~ J.t!g requirements~ .fo+,. permi4~ed constructed so that the outward appearance of the building or structtu'e before and after the installation is complete is idemical or Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 8 Resolution 2009-792 O) Board Meeting of September 22, 2009 ~g_'4Lv id~e3_L_ca~.~l_~_h_e_A~.d_it on of2k~igni!~g. Lm_t_3r_c_'hit~e_clt_~3~[! J:;e~t_gr~e purpose of accommodating mte~ Ior-m{ unt~d antennas shall require si__te plan approval; an(J expanded beyond an additional ten percent of tloor ~ea; or 2. Located in an underground vault, wifl~ any above-ground com~nants screened from view wi~ ever~een pl~ting; 3. Entirely concealed from view wifl~ dense evergreen plating so ~at fll eq~pment,.shel~rs, fences, gates screening effect immediatel5. u~ planting. 4. Noise fi'om base equipment, includi~ny bac~ ~ncrator.~; ._t..2.: .............. mcasmcs2..5...L .i: .....).less2.~...L.;than.. 4.'..} dBL ;at thc' llcarcst. .... a~. Mod~ficm~on, as defined in ~280-69, including co-location, on existing ~tem suppo~ s~c~e or o~er Mreless facility holing all vflid pe~im ~d causing essentiflly no visible ch~ge to ~e exterior, ~d which confoms to ~e tbllo i ~mquirements c ....... :.~.~ i. Modifications causing essentially no visible change in the outside after installation. 'l?he base g~uipment area is expanded b5 no more than 10% of ils cx~stm~ flor ~ ,~rca. dnd ~s cnt~rd. enters. Exceptionall5, well-designed flush-mounted antennas may also lkdl into this catego~' if they present no visible profile protruding fkom the surfi~ce to which they are mounted, and are are mounted; and ii. BaseSmtion :' '* · '' l,qml mcnt (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2_) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one of the following two categories: £-l-)(a) New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MIl zoning districts which conforms to the ....... ; ............. ~: ......... :"'~ ...... :. ~.~t~ 72-1bttowing requirements: Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 9 Resolution 2009-792 ................. iii, Board Meeting of September 22, 2009 r_e_quirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than 10 the! above the hiehest p3~i_n t_ o f~' [!~_e~h pi_Ld i n g; and ................... ii_. [Lti. b a I L b_e otherwise camouflaged to blend with the facade or background materials of the structure: ~md ox (~)(b) L'!.ajc. r Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid perraits in the LI, LIO, B, HB, MI, or Mil zoning districts and causing a visible change to the exterior, d whi h fo th b i q i ,q ~tt :] ' an g con rms to e ow ng re u rements: ;:' pe:m c u.:e i. Co-locatk>ns shall not extend the height of the structu-e more th~m ten leer over the origi_na_l apprgved_struclt!!;.~:_.~_q_prevent the application with a proposed extension beyond the first ten shall require special exception review m~d approval; and Special exception. All applications for special exception shall comply with the standards in §280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirement.. Text of former §280-71 and amendments moved to §280-70 of this Amendment. Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan app?oval. Standards. In addition to the standards in Article XXIV and the standard8 in §280-70 herein, all wireless facilities, including co-locations, nhal! be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end. the following design standards shall apply to all wireless communicmion facilities installed or constructed that require site plan approval: (1) When a wireless communication litcilit~ extends above the roof height of a building on which it is mounted, every eftbrt shall be made to conceal the facility Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 10 Resolution 2009-792 Board Meeting of September 22, 2009 within or behind existing architectural features to limit its visibilit3- from public lhnction. Facilities mounted on a t of shall be stcpp~d I ack h~ m the frt nt lhcade in___~rc_!.~L[~_k![O)jkJloeir._, ij_ppact on thc building's silhouette. If antennas are part and the general public. 'I"he wireless comnmnication hcilities sNdl blend in with the existing building's architecture and shall be pai~aed or shielded with material which is consistent ~th the design 'l~alures and materials of the building. {2) Access. Access to ~reless tamht~es shall be from already~Jg_Dlished~iA~24~fe~5 points whenever possible. I)ish ;mtennas. Dish antennas shall ~ colored, camouflaged or screened to the extent t mt they are as unobtrusi¥c ag ossible and in no case shall thc diameter of Electric line setback. Except lbr wireless t~cilities specificall5~ desigaed lk>r mounting on ¢lcc~ric transmission tox.___¥~cr~, or within the {botprint of such lowers, electric transmission linz ca~vir}gmore than 2_0 volts than a distance equal to the lhcilitv's height above the roof or other permm~ent structure to which it is attached. (5) Co-location. Wireless communicmion facilities shall be designed to provide for co-location by multiple providers or designed so fl~at fl~ey can be retrofiaed to accommodate multiple providers, wherever possible. ~ Scenic landscapes m~d vistas. All antenna suptm~ structures which are not that' ..... t~ k cared ~thtn a scemc tala or scemc landsc,tpe or v qthm. 00 ora scenic road, as designated by the 'l'owq~. shall not be taller than ten ibet above thc height Color. Antem~a sup~rt s~uctures in the form of monopoles or other t(m. ers sNfll either be blue/gra5' in color, or be colored appropriate to fl~e contexl of fl~e structure's location so that the tower is as unobtrusive as possible, unless otherwise requi~ed by the Federal Avialion Adminislralion ([.~), If a wireless comnmnication fhcilitv is installed on a structure other than a tower, the antenna mid supporlinR electrical ~md mecNmical equipment must be of a neutral color possible. Wirclcss ~hcilitics sited within new structures meant to mimic some other Antenna support structm'es in or adjacent to residential zones. Where the site proposed for an antenna support structure is located wiflfin a residential zone or has one or more property lines abutting or on fl~e opposite side ora street from a residential zone or use permitted in a residential zone. no antenna support structures may be constructed unless adequately screened fi'om view of flmse residential zones by existin~ buildings or large trees, including evergreens. The Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 11 Resolution 2009-792 Board Meeting of September 22, 2009 provide effective screening, the height of fl~e proposed structttre may be no more than 35'. and the base equipment must be buried in an under~,~round vault. Ywo rows of evergreen trees mnst be planted encircling the structure, one row at a disttmce from the structure of 50% el'the height of the structure, m~d the otber at 90% of the height of the structure. Trm~splanted trees shall have a minimmn caliper of three inches, spaced thirty-feet on center. 'll~e trees nmst have an lbr screenin, gs~:i!~gthe time thc trees m'e tilling in and maturing. The Planning Board ma} x~_r5 thc arram2emcnt of the trees and shrubs to accommodate specitic be required to ensure that the plantings sm'vive and tu'e maintained throughout the existence of the installation. Co~nmereial and industrial siting. Antenna support structures to be sited on developed commercial or industrial preperties__s_l_La_lLlLe.lg_~:.!Lted t_o th_e._r__e_a..r_..9£_ot_her principal buildings and shall not encroach on planting buffers, parking mreas or otherwise impair the operation of previously approved systems such as antenna support structure. §280-7_~3. Special exception approval. Ao Authority. For the puxposes of this section, notwithstanding Article XXV ofthe-gouthotd .......... this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this Bo Standards. In addition to the standards in Article XXV of this C-ode-Chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands oftbe telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 12 Resolution 2009-792 Board Meeting of September 22, 2009 C. Matters to be considered. In addition to the matters to be considered in Article XXV of this Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonslrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. ............. Lxp~rat~on. ~c~ ,-~ --~z~:~' .~ ~:~- ~c,~ ........... :.~ -~:-., .... e ..... ,~ a~:~. Any special exception approval grated ~der this ~icle shall have a te~ of five ye~s, co~encing ~om the gr~t of the speci~ exception, which may be extended for ~ additional five-ye~ tern u~n application to ~e Piing Bo~d. On a renew~ application, ~e applic~t s~l demons~me ~at ~e ~reless co~icmion facili~ is in compli~ce ~ ~1 applicable laws, ~es ~d regulafiom ~d M~ ~1 of~e conditions of~e special exception approval ~d site pl~, ~at ~e f~ili~ is necess~ to provide adequate se~ice, ~d ~at ~ere is no re~omble ~temative av~lable to ~e omer whch ~11 provide adeqmte se~ice ~thom the continuing use of the facili~. Subsequem special exception Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 13 Resolution 2009-792 Board Meeting of September 22, 2009 renewals shall be subject to review by the Planning Board and subject to such §280-74. Application requirements. Ao Fees. Thc following fees are in place of those required in other sections oftbe code. (1) Building Permit Application Fees ii.a ..... j..~ modification $500 iii.b. New facility $750 (2) Site Plan Application Fees i.a. Ma~.~r Modification. $1000 ii.b. New facility $2000 (3) Special Exception Application Fee $1000 (4) Review by independent consultants ............................................. a a. Upon the Planning Board's determination that referral to the Planning Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no application shall be considere4 complete for review purposes until an escrow account is established and funded. b. Withdrawals fi:om said escrow account may be made fi:om time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ Of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant sha~l deposit additional funds into such account so as t° restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not rerflenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of the application. c. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports will be provided to the applicant and an oppommity given to the applicant to respond to the content of the consultants' report prior to any decisions being made. Building Permit Application (1) i.!i!~s'...!?~.[!~:!~ .~g .~P P Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 14 Resolution 2009-792 a. Board Meeting of September 22, 2009 Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). b. Written documentation as to the facility's structural compliance with local, State and Federal Codes. ~erif~ompliance xvith fi:deral, state and local regulations. d. Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum 0fthree signal strength depictions (-75dBm, -85dBm and -~SdBm) and. any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. e. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide (2) adequate signal strength and/or capacity to the target gan area. The applicant must explain and document its standards and criteria for adequate signal strength, capaci~ and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. f. Digital files of the propagatign and gap maps, including attribute information, in a Oeo~aphic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. h. Other inlbrmation deemed necessarv lo assess the compliance with this Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements for Permitted Use, and any technical consultant reports that may have been required· No building permit for a wireless facility may be granted prior to this report being submitted to the Site Plan Application· The following application requirements are in addition to those required in §280-133: · :. .....~:~o~.~ ~. ...... e-,on ,--~x.~ the completed Building (1) Seven cop~es of Permit Application required under §280-73(B). (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 15 Resolution 2009-792 Board Meeting of September 22, 2009 (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefite) that can be imported into a geographic information system depicting the search ting of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, c. all other structures. d. Roads, rights of way, driveways (l l) Fall zone radius and distance (12) Proposed means of access (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. Special Exception Application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this Chapter: (1) Each application shall include: a. One copy of the building permit application b. One copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the pmvider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. (3)-- ~aeh~ppl~eat:iop. ' ~, a,, · ' Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 16 Resolution 2009-792 Board Meeting of September 22, 2009 l-he abut,,,,~ ~,, .......... e ..................................... :, , ......~ ........ ... ofthe)'car the ~ ~e Pl~iag Bo~d ~d Pl~a~ · ey deem necess~ to pro.de ~sismce in ~e review of~e needs ~d site location ~temativea ~alyses ~d o~er maRers ~at ~e Bo~d deems necess~. ~e applic~t sh~l be~ the re~onable ~ost ~sociated dth such ~al~tion, which cost sh~l k ~s~ss~d ~ < ad~tion~ application fee. ~e ~ons~$~ will work <der eonsulm~' qdifieations, findings ~d applic~t a~n a~$¢~ of~e fin~ ~af of~e re~ by ~e Pl~iag Boed. eo .......................... ~ .... ~., to be .......... t .............. ]~.tte (8~(E) ~ applie~t must ~o explain in ~ting to the Pl~ing Bo~d why it selected · e proposed site, d~in ~ s¢~¢h ting for ~ollo~ation, ~d explored lo~atMg ~¢ propoaCd facility in a mo~ intanalve usC disM¢t. Co~s~nd~n~ d~ o~er t~l¢~eation provide~ ~one~ng Collocation is p~ of ~s requi~mCnt. ~ appli¢~t sh~l ~o provid~ evidence auppo~ing · ¢ CxistCn~ ofinadCquat~ se~i~e. ~s may include ~¢ propagation maps ~ited above, ~v¢ test maps, ~ studies, ~ustomCr ~ompl~nt logs ~d simil~ dam. ~e appli~t must ~so dCmon~te to ~¢ Bo~d ~at ~ proposed fa~iliW satisfies thC demons~at~d s~iee defi~i~ney to ~ ~q~ or greater degree th~ ~y of ~e re~onably available alt~matiws. §280-7S. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to §170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 17 Resolution 2009-792 Board Meeting of September 22, 2009 federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. Text of former §280-76 moved to §280-71(M) of this Amendment. §280 77 76. Removal and height reductiom Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility or the owner of the property where the wireless communication facilit3' is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, ;;St?. '~- ......... , ..e,~.~ a- .... -v-~,r~^~"~ give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner s expense .... z.~m:n--..n:zat~.~': ...... ~ ................ All costs and expenses incurred by the Town in connection with an)' proceeding or any work done for the removal of a wireless communication facility shall be assessed aoainst the land on which such wireless communication facility is located, and a statement of such ex~nses shall be oresented to the owner of the uronertv, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to nay such expenses within 10 days at, er the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance.of any such action the Building Inspector mat' file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the exnenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment mil, assess such amount upon such property. Such amount shall be included in the lew a~alnst such orooerty, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided bt' law for the collection and enfomement of real property taxes in the Town of Southold. support structure, and the l'ull hcitzh! is no longer needed, [he overall height of'the structure shall be red!iced. No ~mtenna suppol~ structure shall remain at a height that is Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 18 Resolution 2009-792 Board Meeting of September 22, 2009 taller than that required by installed and o_perational antennas. C. This section is enacted pursuant to §10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280--7-8 77..~a,v_,,,_.,,.t~:~...s .......... .,,,, o. Pre-existing antenna support structures and antennas. A. Pre-existing transmission support structures and antem~as, for which a permit has been issued prior to the effective date of this article, may continue in use for the pm'pose now used ,amd as now existing, subject to the conditions oftha112ermit. Preexisting added to without complying in all respects with this ~trticle. The issuance of permit renewals or other new permits for such thcililies shall be in accordance with the Any wireless sc~wice provider with at least one preexisting transmission supporl structure or antenna in the Town of Southold that is out of compliance w t ~ the building an~ .2&o_ni.n_g.r_c:¥1[[i..r_e_~9~ g~t~s._i_n this Cha~ter. t2r_o_r_.3, q t~h_e__ad_o.t!t.j.9_n_.p:_l_ t_h__i~art~, c..e.._....%h_a_[_gpt be eligible for any new approvals until the preexistimz transmission support structure or antenna is brought into compli~mce with this article. request to co-locate, attach, or share an existing transmission support structure. ~hen such existing facilitx i_..~__s~' found to haxe one or more antennas or mounts without pcrmits. 3~3: ~.PIllJ~[J.~2~...~Y..3~ x~ix ¢!.~55...~.rY. J~S'.~ ~rs~5:'.~.s!~.r..5~.l! .h~_.~[gg!~ incomplete, .((!~ ~J any antenna or momlt without permits, and said application shall not be processed until d~at fhcilit5 is brought into con¢liance ~5th this zmicle. §280-7-9 78. IReserved] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 19 Resolution 2009-792 Board Meeting of September 22, 2009 antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming t~cilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. §280-8079. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §280-8t-80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 20 Resolution 2009~792 Board Meeting of September 22, 2009 MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 9/22/2009 3:02 PM by Lynda Rudder Page 21