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HomeMy WebLinkAboutAG-07/13/2010 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD July 13, 2010 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 7:30 PM Meeting called to order on July 13, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Z B A June 2010 2. H R C June 2010 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Phillip Beltz & Jim McMahon Park & Playground Recommendations 2. 9:15 A.M. - Phillip Beltz Community Outreach Budget 3. 9:30 A.M. - Chief Cochran & Jim McMahon Damage to Police Department 4. NOFO Rock & Roll Fest 5. Peconic Bay Barge Bash Southold Town Meeting Agenda - July 13, 2010 Page 2 6. New Suffolk Waterfront next steps 7. Request to Use Town/County Open Space Bittner 8. LL/Further Amendments to Wireless Code 9. LL/Building Permit Fees - to Code Committee 10. LL/Deer Fence 11. 12:00 P.M. - EXECUTIVE SESSION - John Cushman Matters involving work history/Performance of particular persons 12. EXECUTIVE SESSION - Litigation Nocro, Ltd. et al v. TOS et al Hui Hui Yu et al v. TOS et al MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 15, 2010 ? Vote Record - Acceptance of Minutes for June 15, 2010 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 29, 2010 ? Vote Record - Acceptance of Minutes for June 29, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2010-498 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - July 13, 2010 Page 3 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 13, 2010. ? Vote Record - Resolution RES-2010-498 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-499 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 27, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2010-499 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-500 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Demolition - Scavenger Waste Plant, Greenport RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the decommissioning and demolition of the Southold Scavenger Waste Treatment Facility, Moores Lane, Greenport, NY, in accordance with the plans and specifications prepared by L.K. McLean Associates, P.C. Southold Town Meeting Agenda - July 13, 2010 Page 4 ? Vote Record - Resolution RES-2010-500 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-501 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA-NRCS 73-2C31-7-956 Amendment #3 Grant Funding RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Revision No. 3 to Cooperative Agreement No. 73- 2C31-7-956 between the USDA-Natural Resources Conservation Service (NRCS) and the Town of Southold in connection with an existing Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold. The execution of this Revision will amend the original agreement to revise the closing deadline, fund disbursement, request deadline, and agreement expiration date. All other terms and conditions of the original agreement remain unchanged and in full force and effect. The execution of this Amendment is subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-501 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-502 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Approve and Endorse the Application of New Suffolk Waterfront Fund, Inc. for a Grant Under the Environmental Protection Fund for a Park Project Known as Creating the Future of the New Suffolk Waterfront Located Within This Community. WHEREAS , the New Suffolk Waterfront Fund, Inc. is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund Southold Town Meeting Agenda - July 13, 2010 Page 5 for a park project to be located on the waterfront in the Hamlet of New Suffolk, a site located within the territorial jurisdiction of the Town of Southold; and WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”. NOW, THEREFORE, be it RESOLVEDdoes approve and endorse that the Town Board of the Town of Southold hereby the application of New Suffolk Waterfront Fund, Inc. for a grant under the Environmental Protection Fund for a park project known as Creating the Future of the New Suffolk Waterfront located within this community . ? Vote Record - Resolution RES-2010-502 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-503 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the County of Suffolk, Acting through Its Duly Constituted Sheriff’s Office RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the County of Suffolk, acting through its duly constituted Sheriff’s Office , in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $80,000 for Operation Shield administered by the Suffolk County Sheriff’s Office in partnership with the East End Marine Task Force, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-503 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - July 13, 2010 Page 6 2010-504 CATEGORY: Committee Appointment DEPARTMENT: Human Resource Center Permission to Accept Committee Appointment Fiscal Impact: Quarterly meetings are held in Suffolk County during regular business hours therefore no overtime will be incurred. Resolved the Town Board of the Town of Southold hereby grants permission for Karen McLaughlin, Town Director of Human Services to accept appointment and serve as Chairperson of the Long Term Care Council for Suffolk County's New York Connects Program for a term of one year. ? Vote Record - Resolution RES-2010-504 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-505 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Town of Southold and the Suffolk County Office for the Aging for Community Services for the Elderly Residential Repair Program authorizes and directs RESOLVED that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Amendment of Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program regarding a one year extension for the period April 1, 2010 through March 31, 2011, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - July 13, 2010 Page 7 ? Vote Record - Resolution RES-2010-505 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-506 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire PT Seasonal Theatre Personnel FIFD WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 6, 2010 to hire two part-time seasonal employees for the operation of the st movie theater for the summer season from July 1 until September 7, 2010. Michael Conroy as a Seasonal Recreational Aide at $125.00 per movie and Karla Heath as a Seasonal Clerk at $200.00 per week, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Conroy as a Seasonal Recreational Aide at $125.00 per movie and Karla Heath as a Seasonal Clerk at $200.00 per week. These appointments will begin on July 1, 2010 and end on September 7, 2010. ? Vote Record - Resolution RES-2010-506 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - July 13, 2010 Page 8 2010-507 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Hold the 2Nd Annual Peconic Bay Barge Bash on Saturday, August 7, 2010 RESOLVEDgrants permission to John that the Town Board of the Town of Southold hereby nd Kramer and his committee to hold the 2 Annual Peconic Bay Barge Bash on Saturday, August 7, 2010, from 1:00 PM to 5:00 PM between Goose Creek and Town Creek in about 6’ of water off the flats, subject to the submission by the applicant of a Certificate of Insurance not less than $1,000,000 naming the Town of Southold as additional insured during the time of the event and the payment $2249.92 for remuneration of Police Department costs and any additional post event clean-up costs. Approval is for this year only as the Town Board continues to evaluate the use of town waterways. ? Vote Record - Resolution RES-2010-507 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-508 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Lamb & Barnosky, LLP RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Lamb & Barnosky, LLP in connection with professional services provided on all labor relations and employment law matters for the period July 1, 2010 through June 30, 2013, at a fee of Thirty-eight Thousand ($38,000.00) Dollars per year for the period July 1, 2010 – June 30, 2011; Forty Thousand ($40,000) Dollars per year for the period July 1, 2011 – June 30, 2012; and Forty-two Thousand Five Hundred ($42,500) Dollars per year for the period July 1, 2012 – June 30, 2013, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - July 13, 2010 Page 9 ? Vote Record - Resolution RES-2010-508 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-509 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Cochran Park - Basketball Court RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Paul Corazzini Jr. & Sons to construct a basketball court at Cochran Park, in the amount of $23,100, all in accordance with the plans and specifications prepared by James Richter, RA, Office of the Town Engineer. ? Vote Record - Resolution RES-2010-509 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-510 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Cochran Park - Basketball Court RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Paul Corazzini Jr. & Sons in connection with the construction of a basketball court at Cochran Park, in the amount of $23,100, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - July 13, 2010 Page 10 ? Vote Record - Resolution RES-2010-510 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-511 CATEGORY: Budget Modification DEPARTMENT: Supervisor Community Outreach Budget Mod Fiscal Impact: Amount needed to cover advertising community events for 2010 RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2000.00 To: A.1010.4.600.800 Town Board Advertising $2000.00 ? Vote Record - Resolution RES-2010-511 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-512 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set PH LL/Building Permit Fees WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 13 day of July, 2010, a Local Law entitled Southold Town Meeting Agenda - July 13, 2010 Page 11 relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, in connection with Building Permit Fees. 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 th 10 day of August, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 144, The proposed Local Law entitled, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, in connection with Building Permit Fees ” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapter 144, Fire A Local Law entitled, Prevention and Building Code Administration, and Chapter 280, Zoning”, in connection with Building Permit Fees . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit and certificate of occupancy fees associated with the Town’s Fire Prevention and Building Code Administration (Chapter 144) and the Zoning Code (Chapter 280) and have determined that the calculation of building permit fees is outdated and requires revision. Additionally, the Town Board is removing the references to certificate of occupancy fees in Chapter 280 and relocating such fees within Chapter 280 so that all Building Department fees are located in Chapter 144. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: Southold Town Meeting Agenda - July 13, 2010 Page 12 [1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area in excess of 850 square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area in excess of 1,000 square feet. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of 500 square feet. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $70 $100 minimum and $0.30 for each square foot in excess of 300 square feet of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. Southold Town Meeting Agenda - July 13, 2010 Page 13 (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. § 144-15. Certificate of occupancy required; application. E. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a Building Permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $50. (c) Accessory buildings and additions and alterations thereto: $50. (d) Preexisting dwellings: $100.EN (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996] (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-154. Certificates of Occupancy. H. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Southold Town Meeting Agenda - July 13, 2010 Page 14 Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $25. (c) Accessory buildings and additions and alterations thereto: $25. (d) Preexisting dwellings: $100.EN (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996] (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. IV. SEVERABILITY 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. V.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-512 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-513 CATEGORY: Grants Southold Town Meeting Agenda - July 13, 2010 Page 15 DEPARTMENT: Town Attorney Approves the Attached Resolution Submitted by the Board of Commissioners for the Fishers Island Ferry District Dated July 6, 2010, Authorizing the Acceptance of a Matching Grant to Federal Grant #3-36- 0029-15-08 from the New York State Department of Transportation (NYSDOT) for Work at Elizabeth Field Airport Described as Airport Layout Plan Update, PIN 0913.15 approves the attached RESOLVED that the Town Board of the Town of Southold hereby resolution submitted by the Board of Commissioners for the Fishers Island Ferry District dated July 6, 2010, authorizing the acceptance of a matching grant to Federal Grant #3-36- 0029-15-08 from the New York State Department of Transportation (NYSDOT) for work at Elizabeth Field Airport described as Airport Layout Plan Update, PIN 0913.15 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-513 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-514 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Flag Pole at Jean Cochran Park RESOLVEDauthorizes the Northville that the Town Board of the Town of Southold hereby Flag Pole Company to install a 40’ flag pole in Jean Cochran Park, at no cost to the Town, subject to the submission of an insurance certificate naming the Town of Southold as an additional insured and an executed Indemnification Agreement in a form approved by the Town Attorney. ? Vote Record - Resolution RES-2010-514 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - July 13, 2010 Page 16 2010-515 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Further Amends to Wireless Code SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to Further 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 July 12, 2010, which indicates that the proposed Amendments to the Code were not significant to warrant a second review and his original review dated October 19, 2009 is applicable, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2010-515 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-516 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 4 Wireless Communications Facilities WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 15 day of June 2010, a Local Law entitled relation to Further Amendments to Wireless Communication Facilities” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, so now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Further Amendments to Wireless Communication Law entitled, Facilities” which reads as follows: Southold Town Meeting Agenda - July 13, 2010 Page 17 LOCAL LAW NO. 4 of 2010 “A Local Law in relation to Further Amendments to Wireless A Local Law entitled, Communication Facilities” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: ARTICLE XVII Wireless Communication Facilities § 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 in certain preferred locations 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: (a) Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points. (b) 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. Southold Town Meeting Agenda - July 13, 2010 Page 18 § 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 (omnidirectional 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, lightning 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 Southold Town Meeting Agenda - July 13, 2010 Page 19 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 discernible 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 discernible 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) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. Southold Town Meeting Agenda - July 13, 2010 Page 20 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 movable 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. 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, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. 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. . DLocation of Wireless Facilities. 1. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (f)) being the lowest priority. (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. Southold Town Meeting Agenda - July 13, 2010 Page 21 (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. (e) A new antenna support structure on properties in the MI, MII, B or HB zoning districts. (f) A new antenna support structure on properties in the AC, R-40, R-80, R- 120, R-200, R-400, LB, RO, RR, HD or AHD zoning districts. 2. If the proposed site is not proposed for the highest priority listed above, The Applicant shall submit a written report demonstrating the Applicant’s review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application. The Applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. 3. An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the Applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship. 4. Notwithstanding the priorities above, the Planning Board may, if satisfied with the explanation provided by the Applicant, approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. 5. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may also disapprove an Application for any of the following reasons. (a) Conflict with safety and safety-related codes and requirements; (b) Conflict with the historic nature or character of a neighborhood or historical district; (c) The use or construction of wireless facilities which is contrary to an already stated purpose of a specific zoning or land use designation; (d) The placement and location of wireless facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; (e) Conflicts with the provisions of this chapter. D.E. Guyed or lattice antenna support structures are prohibited. Southold Town Meeting Agenda - July 13, 2010 Page 22 E. F. 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 10 feet of the surface). (3) Lands purchased with Community Preservation Funds. (4) Coastal erosion hazard areas. (5) Designated parkland. F. G. 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. G. H. 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. H. I. 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. I. J. 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 square feet 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 feet; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) The 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 Subsection M; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter all adjacent Southold Town Meeting Agenda - July 13, 2010 Page 23 property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. J. K. 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 of 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. K. L. 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. L. M. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. M. N. Site design standards. 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: (1) 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 Southold Town Meeting Agenda - July 13, 2010 Page 24 the structure(s) are located, unless otherwise indicated elsewhere in this chapter. (2) 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. (3) Base station 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 station 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. (4) Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area base equipment area or shelter 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. (5) 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 shall require a building permit, site plan approval, and/or special exception approval, except in cases of ordinary maintenance as defined in §280-69, as stated below: 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, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. A. Building permit required. Southold Town Meeting Agenda - July 13, 2010 Page 25 (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 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 MII Zoning District which conforms to the following requirements: [1] 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 onto an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and [2] Base station equipment: [a] Located within an existing shelter or building, not to be expanded beyond an additional 10% of floor area; or [b] Located in an underground vault, with any aboveground components screened from view with evergreen planting; or [c] 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; [d] Noise from base equipment, including any backup generator, measures less than 45dB at the nearest all adjacent property lines of all adjacent residences; or (b) Modification, as defined in § 280-69, including co-location, of 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: [1] 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 Southold Town Meeting Agenda - July 13, 2010 Page 26 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 [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. 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) Building Permit and Site Plan only. 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 § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior, roof- or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: [1] Interior-mounted facilities that exceed the requirements of §280- 71A(2)(a). [1][2] Roof-mounted facilities shall conform to the following requirements: [a] Visual impact minimized to the greatest extent possible; [b] Height limited to no more than 10 feet above the highest point of the building; and [2][3] Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and [3][4] Base station equipment {as specified above in Subsection A(2)(a)[2]}; 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: [1] Co-locations shall not extend the height of the structure more than 10 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 10 feet shall require special exception review and approval; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. 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. Southold Town Meeting Agenda - July 13, 2010 Page 27 § 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 mounted on a building facade, 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 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) Access. Access to wireless facilities shall be from already established site access points whenever possible. (3) 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. (4) 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. (5) 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. (6) 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 feet of a scenic road, as designated by the Town, shall not be taller than 10 feet above the height of trees within a radius of 300 feet of the proposed location, or 35 feet maximum in the absence of trees. (7) 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 Southold Town Meeting Agenda - July 13, 2010 Page 28 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. (8) 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. (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 feet 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 feet, 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 30 feet on center. The trees must have an expected height at maturity of at least 10 feet 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. (10) 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. A. Authority. For the purposes of this section, notwithstanding Article XXV of 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. Southold Town Meeting Agenda - July 13, 2010 Page 29 B. 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. 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. 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 standards that shall be included in the Town Code at that point in time. Southold Town Meeting Agenda - July 13, 2010 Page 30 § 280-74. Application fees and requirements. A. 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: $1,000. (b) New facility: $2,000. (3) Special exception application fee: $1,000. (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 a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections. Said escrow account shall be funded by the applicant with an initial deposit of $8,500.00. 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 Town for the cost of its consultant(s') professional review services actually incurred in connection with the review of any application including where applicable, the lease negotiation, the pre-approval evaluation, and the construction and modification of the site, once permitted. Whenever the balance in such escrow account is reduced to ¼ of its initial amount a balance of less than $2,500.00, the Planning Board shall notify the applicant; thereafter, and the applicant shall immediately deposit additional funds into such account so as to restore its balance to ½ of the initial deposit at least $5,000.00 or to such sum as deemed necessary by the Committee Planning Board. 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 Planning Board may suspend its review of the application. (c) The consultant(s) will work under the direction of the Town Planning Director. Copies of the consultant(s') qualifications, findings and reports Southold Town Meeting Agenda - July 13, 2010 Page 31 will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. B. Building permit application. (1) The following application requirements are in addition to those required in § 144- 8C. (a) Written analysis demonstrating the project complies with the maximum permissible exposure regulations in accordance with § 280-70J. (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 facility is to be located. (h) Other information deemed necessary to assess the compliance with this article. (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 § 280-70 General requirements for all wireless communication facilities, and any Southold Town Meeting Agenda - July 13, 2010 Page 32 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. C. 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 Subsection 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 lightning protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this article. D. 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. Southold Town Meeting Agenda - July 13, 2010 Page 33 (c) 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 article. (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 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 co-location, 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 co-location 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 Chapter 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 Southold Town Meeting Agenda - July 13, 2010 Page 34 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. § 280-76. Removal; 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 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 a lien 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 are 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 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 ensure the proper decommissioning of wireless communication facilities within the entire Southold Town Meeting Agenda - July 13, 2010 Page 35 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. § 280-76.1 77. Preexisting antenna support structures and antennas. A. Preexisting transmission antenna 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 antenna 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 antenna 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 antenna 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 antenna 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 antenna 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 antenna 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. § 280-76.2 78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70H I(2), Maximum height: 80 feet. In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-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 Southold Town Meeting Agenda - July 13, 2010 Page 36 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 280-70H I(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. 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 280-72A(6), Scenic landscapes and vistas. 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 280-70M N(4), Base equipment shelter landscaping. 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 280-72A(9), Antenna support structures in or adjacent to residential zones. 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 280-76.1 77A and Section 280-77B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming 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 preexisting 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. Relief. With the exception of relief from the denial of an application for special exception approval pursuant to §280-73, any applicant desiring any other relief or exemption from the requirements of this Article may seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this chapter. § 280-76.3 80. 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 article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Meeting Agenda - July 13, 2010 Page 37 § 280-76.4 81. When effective. This article shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2010-516 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. LL/Further Amendments to Wireless Code Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk