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Home My WebLink AboutSH RES 574, 584, 585, 589Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 °'�. y4r Fax: (631) 283-5606 °F,buy, Hampton Bays Annex: (631) 723-2712 May 28, 2015 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk southam tontownn ov. r < Signature te: Please be advised at the Town Board, at a meeting held on May 26, 2015 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES -2015-574 Adopted [Unanimous] Authorize the Designation of the Thomas E. Dunbar residence located at 17 Huntington Lane, Flanders as a Historic Landmark under Southampton Town Code Section 330-321 Town Board Resolution RES -2015-584 Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Article XXIX of the Town Code to Update and Clarify Provisions as they Relate to the Town's Outdoor Lighting Regulations Town Board Resolution RES -2015-585 Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Southampton Town Code Section 330- 5 (Definitions) and Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) in connection with Public Gardens and Public Garden Fencing Town Board Resolution RES -2015-589 Adopted [Unanimous] Resolution Adopting Amendments to Town Code §330-202 of Article XXII (Signs) Changing the Extended Amortization Date for Signs to be in Compliance to January 1, 2017 Sincerely Yours, -c�� - s c4 -4"v Sundy A. Schermeyer Town Clerk Generated 5/28/2015 Page 1 Southampton Town Board 116 Hampton Road Southampton, NY 11968 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 May 28, 2015 Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamptontownnv.aov. Signature: Date: Please be advised that the Town Board, at a meeting held on May 26, 2015 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES -2015-574 Adopted [Unanimous] Authorize the Designation of the Thomas E. Dunbar residence located at 17 Huntington Lane, Flanders as a Historic Landmark under Southampton Town Code Section 330-321 Town Board Resolution RES -2015-584 Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Article XXIX of the Town Code to Update and Clarify Provisions as they Relate to the Town's Outdoor Lighting Regulations Town Board Resolution RES-2015-S8S Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Southampton Town Code Section 330- 5 (Definitions) and Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) in connection with Public Gardens and Public Garden Fencing Town Board Resolution RES -2015-589 Adopted [Unanimous] Resolution Adopting Amendments to Town Code §330-202 of Article XXII (Signs) Changing the Extended Amortization Date for Signs to be in Compliance to January 1, 2017 Sincerely Yours, <--� K5c� Sundy A. Schermeyer Town Clerk Generated 5/28/2015 Page 1 Southampton Town Board 116 Hampton Road Southampton, NY 11968 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 May 28, 2015 Please be advised that the Town Board, at a meeting held on May 26, 2015 6:00 PM, reviewed the following resolution(s): Town Board Resolution RES -2015-S74 Adopted [Unanimous] Authorize the Designation of the Thomas E. Dunbar residence located at 17 Huntington Lane, Flanders as a Historic Landmark under Southampton Town Code Section 330-321 CC: Rosalia Nigro Edward Wesnofske, Landmarks & Historic Districts Board Nancy Mullan Janice Jay Young Kathryn Santiago Stephanie Davis, Biking Citizen Advisory Committee Patricia Boudreau -Sullivan Janet M Johnson Sally Spanburgh, Landmarks & Historic Districts Board William Heine Gary Cobb Susan Clark Janice Scherer Sheila Comparetto Zachary Studenroth, Town Historian David Wilcox Kerri Meyer Sarah Pleat Kara Bak Judith Pascale, SC Clerk Sundy A. Schermeyer, Town Clerk Bridget Fleming, Councilwoman Lisa Dunlap Christine Preston Scalera, Councilwoman Kathleen Murray Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Kim Ottati Dorota Godlewski Stan Glinka, Councilman Paul Rubano Kim Myers John Capone, Network Admin Cindy Guerriero Generated 5/28/2015 Page 1 Southampton Town Board - Letter Board Meeting of May 26, 2015 Anna Throne-Holst, Supervisor Sandra Cirincione Russell Kratoville Tara Coady, Assistant Rich Naso Victoria Farruggia Michael Brewer, FRNCA Vincent Taldone Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Donna Lent, Brookhaven Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Principal Planner Dennis Finnerty, Chairman William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Sarah Lansdale, Director Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Jacqueline Fenlon, Senior Planner Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell Amy Pfeiffer Kyle Collins Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Town Board Resolution RES-20IS-S84 Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Article XXIX of the Town Code to Update and Clarify Provisions as they Relate to the Town's Outdoor Lighting Regulations CC: Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Donna Lent, Brookhaven Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Principal Planner Dennis Finnerty, Chairman David Wilcox William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Generated 5/28/2015 Page 2 Southampton Town Board - Letter Board Meeting of May 26, 2015 Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Patricia Boudreau -Sullivan Janice Scherer Sarah Lansdale, Director Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Jacqueline Fenlon, Senior Planner Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell Kerri Meyer Kathleen Murray Amy Pfeiffer Kyle Collins Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Chris Bean Scott Johnson Sundy A. Schermeyer, Town Clerk Bridget Fleming, Councilwoman Lisa Dunlap Christine Preston Scalera, Councilwoman Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Kim Ottati Dorota Godlewski Stan Glinka, Councilman Paul Rubano Kim Myers John Capone, Network Admin Cindy Guerriero Anna Throne-Holst, Supervisor Sandra Cirincione Russell Kratoville Tara Coady, Assistant Carol Oborski John Blaney, Vice Chair Planning Board Town Board Resolution RES-2015-S8S Adopted [Unanimous] Notice of Public Hearing to Consider Amendments to Southampton Town Code Section 330- 5 (Definitions) and Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) in connection with Public Gardens and Public Garden Fencing CC: Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Donna Lent, Brookhaven Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Principal Planner Generated 5/28/2015 Page 3 Southampton Town Board - Letter Board Meeting of May 26, 2015 Dennis Finnerty, Chairman David Wilcox William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Patricia Boudreau -Sullivan Janice Scherer Sarah Lansdale, Director Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Jacqueline Fenlon, Senior Planner Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell Kerri Meyer Kathleen Murray Amy Pfeiffer Kyle Collins Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Herbert Phillips, Chairman Carol Oborski John Blaney, Vice Chair Planning Board Sundy A. Schermeyer, Town Clerk Bridget Fleming, Councilwoman Lisa Dunlap Christine Preston Scalera, Councilwoman Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Kim Ottati Dorota Godlewski Stan Glinka, Councilman Paul Rubano Kim Myers John Capone, Network Admin Cindy Guerriero Anna Throne-Holst, Supervisor Sandra Cirincione Russell Kratoville Tara Coady, Assistant Town Board Resolution RES-20IS-S89 Adopted [Unanimous] Resolution Adopting Amendments to Town Code §330-202 of Article XXII (Signs) Changing the Extended Amortization Date for Signs to be in Compliance to January 1, 2017 CC: Kyle Collins ]anice Wilson Cindy Guerriero Anna Throne-Holst, Supervisor Janice Scherer, Principal Planner Bridget Fleming, Councilwoman Christine Preston Scalera, Councilwoman Generated 5/28/2015 Page 4 Southampton Town Board - Letter Board Meeting of May 26, 2015 Amy Pfeiffer Beth Kamper, Village Clerk Christopher Lubicich Brenda Prusinowski, Deputy Comm. of PELM Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Donna Lent, Brookhaven Town Clerk Helen Burgess, ZBA Member Elizabeth Lindtvit, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Principal Planner Dennis Finnerty, Chairman David Wilcox William H. Rogers, Deputy Commissioner of PELM Tim Laube, Clerk Honorable Diane Wilhelm, Town Clerk Herb Phillips Stephen Funsch, Village Clerk/Treasurer Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Carole Brennan, Town Clerk Patricia Boudreau -Sullivan Janice Scherer Sarah Lansdale, Director Denise O'Brien Tullio Bertoli, Commissioner of PELM Brian DeSesa Jacqueline Fenlon, Senior Planner Keith Tuthill Adam Grossman, Vice Chairman L.I. State Park Commission Laura J. Dalessandro, Village Cerk Kathryn Garvin Laura Tooman, Zoning Board Member Honorable Dorothy Ogar, Town Clerk Kandice Cowell Kerri Meyer Kathleen Murray Georgia Welch, Village Clerk Daniel Dresch, Director of Traffic Engineering Andrew Freleng, Chief Planner Carol Oborski John Blaney, Vice Chair Planning Board Sundy A. Schermeyer, Town Clerk Lisa Dunlap Leonard Marchese Bradley Bender, Councilman Michael Baldwin Tiffany Scarlato Kim Ottati Dorota Godlewski Stan Glinka, Councilman Paul Rubano Kim Myers John Capone, Network Admin Sandra Cirincione Russell Kratoville Tara Coady, Assistant Sincerely Yours, Generated 5/28/2015 Page 5 Southampton Town Board - Letter Board Meeting of May 26, 2015 Sundy A. Schermeyer Town Clerk Generated 5/28/2015 Page 6 Southampton Town Board - Letter Board Meeting of May 26, 2015 TOWN BOARD RESOLUTION 2015-574 Item # 6.15 ADOPTED DOC 1D: 22346 Authorize the Designation of the Thomas E. Dunbar residence located at 17 Huntington Lane, Flanders as a Historic Landmark under Southampton Town Code Section 330-321 WHEREAS, the Town Landmarks and Historic Districts Board determined that the Thomas E. Dunbar residence Located at 17 Huntington Lane, Flanders (further identified on the Suffolk County Tax Map as #900-146-1-6) is an important historic resource and recommended that the Town Board approve the designation of the structure as a Southampton Town landmark pursuant to Town Code Section 330-321; and WHEREAS, on April 23, 2015, the Southampton Town Planning Board adopted a resolution supporting the landmark designation and recommending that the Town Board adopt the proposed landmark designation; and WHEREAS, a public hearing was held on May 12, 2015 and continued on May 26, 2015 by the Town Board of the Town of Southampton regarding the proposed designation of the structure known as the Thomas E. Dunbar residence located at 17 Huntington Lane, Flanders as a historic landmark; and WHEREAS, the Town Board found that the Thomas E. Dunbar residence meets the criteria for historic designation pursuant to section 330-321 of the Southampton Town Code; and WHEREAS, the designation of the Thomas E. Dunbar residence as a landmark is considered a "Type II Action" under 6 NYCRR Part 617.5(c)(32), provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and no further environmental review is necessary; now therefore be it RESOLVED, that the Town Board of the Town of Southampton hereby designates the Thomas E. Dunbar residence located at 17 Huntington Lane, Flanders, as a Town historic landmark pursuant to the provisions of section 330-321 of the Southampton Town Code. Financial Impact: None RESULT: ADOPTED [UNANIMOUS] MOVER: Bridget Fleming, Councilwoman SECONDER: Bradley Bender, Councilman AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka Generated 5/28/2015 Page 7 Southampton Town Board - Letter Board Meeting of May 26, 2015 TOWN BOARD RESOLUTION 2015-584 Item # 6.25 ADOPTED DOC 1D: 22338 Notice of Public Hearing to Consider Amendments to Article XXIX of the Town Code to Update and Clarify Provisions as they Relate to the Town's Outdoor Lighting Regulations BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on June 23, 2015, at 6:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: "A LOCAL LAW amending Article XXIX of the Town Code to update and clarify provisions as they relate to the Town's outdoor lighting regulations" which provides as follows: LOCAL LAW NO. OF 2015 A LOCAL LAW amending Article XXIX of the Town Code to update and clarify provisions as they relate to the Town's outdoor lighting regulations. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent Since the adoption of the Town's Outdoor Lighting Code (Article XXIX) in December 2009, the Dark Skies Advisory Committee has been monitoring both the implementation of the new regulations and developments in the fast -changing lighting industry. As a result, the Committee is proposing some amendments to the Code. Use of LED fixtures for outdoor lighting was in its infancy in 2009 but is now commonplace. Such fixtures emit light with a high blue content that has much greater impact on the environment and human health than the High Pressure Sodium fixtures that previously dominated the field. The original Code frequently required/preferred HPS rather than Metal Halide, an earlier blue -rich technology. A number of the proposed amendments are to establish a consistent maximum Correlated Color Temperature rather than specifying or limiting particular types of lamps. Also since adoption of Article XXIX, the Illuminating Engineering Society has introduced a new luminaire classification system called BUG (for Backlight, Uplight, and Glare) to replace the previous "cutoff' categories. After careful review, the Committee has decided not to recommend switching Article XXIX to the BUG system because of its complexity and the fact that it has not been universally adopted. (Cutoff classification can still be determined from photometric data submitted by the applicant.) Some additional revisions are proposed to streamline, clarify, and strengthen the Outdoor Lighting Code. Section 2. Amendment. Town Code §330-341 (Definitions) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-341. Definitions. As used in this article, the following terms shall have the meanings indicated: ESSENTIAL LIGHTING Light used for a specified period of time that is necessary for a specific purpose while said purpose is actively being served. This includes lighting that is Generated 5/28/2015 Page 8 Southampton Town Board - Letter Board Meeting of May 26, 2015 necessary to promote location identification, public circulation, e -public safety, and fully shielded security lighting. HIGH-PRESSURE SODIUM (HPS) A type of high-intensity discharge lamp that primarily employs sodium. These lamps produce light with a warm eCorrelated eColor tTemperature of approximately 2;100 K and have a eColor (Rendering +Index of around 25. KELVIN The unit of measurement used to characterize the color of light emitted by a lamp. See also "eCorrelated eColor tTemperature." LAMP . A light bulb or other component of a fixture that changes electricity into visible light. LAMP TYPE The category to which a lamp belongs by virtue of the process by which it produces light. The principal categories are incandescent, fluorescent, low-pressure sodium, high-intensity discharge (HID) (which includes high-pressure sodium, metal halide, and mercury vapor), and LED (light -emitting diode). The categories vary in terms of: A. The amount of light output (lumens) per watt consumed; B. Lamp life; C. The color of the light emitted (eCorrelated eColor tTemperature); and D. The accuracy with which colors of an illuminated object are reproduced (eColor (Rendering +Index). LED (Light -Emitting Diode) A semiconductor device that emits visible light when electrical current passes throuah it. LIGHTING Equipment and effects of lighting pFeduced by aFtificial n9eans.-Man-made illumination or equipment used to produce it. LOW-PRESSURE SODIUM -- A type of discharge lamp that primarily employs sodium. These lamps have a higher lumen output per watt than HID lamps but low eColor (Rendering +Index. MERCURY VAPOR A type of high-intensity discharge lamp that uses mercury as the primary light -producing element. Mercury vapor lamps produce light with a cool eCorrelated eColor tTemperature (CCT) from 3;000 to 7;000 K. METAL HALIDE A type of high-intensity discharge lamp that uses mercury and several halide additives as light -producing elements. Metal halide lamps are typically available with cool eCorrelated eColor tTemperatures (CCT) from 2;300 to 5;400 K and with CRI values from 60 to 93. MOUNTING HEIGHT, The vertical distance measured from the average elevation of the existing natural grade or average elevation of the approved grade (if cut/fill activities are proposed) to the lowest light -emitting part of an installed fixture. OUTDOOR LIGHTING Lighting that provides illumination to a surface, building, structure, device, or other outdoor feature. Any fixture located indoors that is intended to illuminate something afpt-outdoors suFface, stFuctuFe, e_ etheF featuFe is considered outdoor lighting for the purposes of this article. PHOTOMETRIC(S) or PHOTOMETRY A technical test to determine light distribution and performance of a fixture. A photometric report, which may include candlepower distribution Generated 5/28/2015 Page 9 Southampton Town Board - Letter Board Meeting of May 26, 2015 data, cutoff or other light distribution classification, footcandle chart, etc., is generally available from the manufacturer. Section 3. Amendment Town Code §330-342 is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-342. Applicability. A. New lighting. All outdoor lighting newly installed on Fesiden ial and non Fesidential des after the effective date of this article shall comply with its provisions. B. Preexisting lighting. All Fesid^^}"' and non Fesid^^}"' properties with legally existing and operative outdoor lighting at the effective date of this article shall be exempt from compliance, subject to the provisions below. (1) Any outdoor lighting fixture that is replaced, changed, repaired, or relocated, in whole or in part, after the effective date of this article shall comply with its provisions. (2) Non-residential lighting. (a) Subsequent to the effective date of this article, any addition or expansion (whether single or cumulative) that is made to a non-residential property, whereby lot coverage or floor area is increased by 25% or more, shall subject said non- residential property to the provisions of this article for the entire property, including previously installed and any new outdoor lighting. (b) Subsequent to the effective date of this article, any addition or expansion (whether single or cumulative) that is made to an existing non-residential property encompassing at least 104,000 square feet of development (including a commercial center or industrial park) prior to expansion, whereby lot coverage or floor area is increased by 1$25% or more, shall subject said non-residential property to the provisions of this article for the entire property, including previously installed and any new outdoor lighting. (3) Residential lighting. Subsequent to the effective date of this article, any addition or expansion (whether single or cumulative) that is made to a residential property, whereby lot coverage or floor area is increased by 25% or more, shall subject said residential property to the provisions of this article for the entire property, including previously installed and any new outdoor lighting. (4) Nuisance lighting. The exemption shall not apply if the Town determines, upon complaint, that certain outdoor lighting creates nuisance lighting as defined in §330- 341. If the Town determines, upon complaint by an affected neighbeFing pFopeFty public Fight of way, diFectly acFess a body of wateF eF acFess a vacant paFeel -of land), that nuisance lighting exists on a property causing loss of enjoyment, comfort, or repose, that lighting shall comply with Subsection B(5) below, in accordance with the procedures outlined in §330-348B. Any Fesident of the Town who owns or (a) Light trespass shall be considered nuisance lighting when: Generated 5/28/2015 Page 10 Southampton Town Board - Letter Board Meeting of May 26, 2015 [1] Illuminance at or beyond a property line abutting a residential parcel, nature preserve, or waterway exceeds 0.05 footcandle as measurable from any orientation of the measuring device; or [2] Illuminance at or beyond a property line abutting a non-residential property or public right-of-way exceeds 0.1 footcandle as measurable from any orientation of the measuring device; or (b) Glare light shall be considered nuisance lighting when a light source is seen from a neighboring property or roadway at sufficient intensity to cause discomfort, annoyance, or impaired visibility. (5) Abatement of nuisance lighting. If the Town determines nuisance lighting to exist on a property, that lighting shall comply with either Subsection B(5)(a) or (b) below, in accordance with the procedures outlined in §330-348B. (a) To the extent that the abatement of nuisance lighting will require re -aiming a fixture or re-lamping to reduce lumen output, such lighting shall be re -aimed and/or re-lamped so that the light source is not visible across property lines. (b) To the extent that the abatement of nuisance lighting will require removing, replacing, shielding, retrofitting, or relocating a fixture, such lighting shall be removed, replaced, shielded, retrofitted, or relocated so that the light source is not visible across property lines. (6) Hours of operation. Pre-existing lighting on both residential and non-residential properties shall comply with the limits on hours of operation set forth in X330 -345E and X330 -346E of this Code. (67) All LIPA (or its successors or assigns) leased preexisting nonconforming fixtures (i.e., "dusk to dawn") shall be removed, replaced or retrofitted on or before January 1, 2012. All replacement or retrofitted lighting shall meet the following requirements: (a) Full -cutoff fixtures and shields shall be installed so that the light source is not visible from any adjacent roadway or any private property other than that on which the lessee is located; and (b) Light levels shall not exceed the values as specified in Tables 1 and 2;E11 and (c) High pFessuFe sediung lan9ps shall be used. Correlated Color Temperature of lamps may not exceed 3000 kelvin. (d) No new light fixture (other than municipal streetlighting) shall be installed on a public utility pole after the effective date of this article. C. Use. Lighting plans and installations shall continue to be reviewed by the Town based on the use of a property and with due regard to the underlying zoning district as well as potential impacts to existing adjacent uses. D. Other laws. (1) In the case where this article is found to be in conflict with another provision of local law, the provision or requirement that is the more restrictive, or that which establishes the higher standard, shall prevail. (2) Sign lighting. Illumination of signs shall be governed by Article XXII, Signs, of this Code (Signs) and any amendments thereto. (3) Special events. Outdoor lighting for special events shall be governed by Chapter 283 (Special Events) of this Code and any amendments thereto. Generated 5/28/2015 Page 11 Southampton Town Board - Letter Board Meeting of May 26, 2015 E. Other jurisdictions. Federal, state, and county agencies with facilities located within the Town are urged to comply with the provisions of this article except where doing so would conflict with established regulations. Section 4. Amendment Town Code §330-343 is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-343. Exempt and prohibited outdoor lighting. A. Exempt outdoor lighting. The following are exempt from the provisions of this article: (1) All temporary emergency lighting determined to be necessary by the Chief of Police, Chief Fire Marshal, Superintendent of Highways, or other firefighting or emergency service providers. (2) Lighting used in municipal road construction or emergency repair or maintenance of utility lines, sewer, water mains or similar public infrastructure. (3) Holiday lighting, as defined in § 330-341. (4) Flag uplighting, provided any such flag is not used for advertising purposes and the light source is not visible across property lines or into from roadways. (5) Underwater lighting used for swimming pools, provided such lighting meets all relevant electrical codes. (6) Lighting for radio, communication and navigation towers, provided that the owner or occupant demonstrates to the satisfaction of the Planning Board that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this article, and that the provisions of this article are otherwise met to the fullest extent possible. Lighting for any wireless communications facility shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity, unless specifically forbidden by the FAA. (7) Runway lighting on any approved landing strip or runway, provided that the owner or occupant demonstrates that FAA regulations can only be met through the use of lighting that does not comply with this article. (8) Lighting installed to illuminate public monuments, provided that the light levels do not exceed two footcandles on any light surface monument and do not exceed four footcandles on any dark surface. (9) Historic -style fixtures that are part of an existing and approved continuous lighting design, where the piecemeal replacement with compliant fixtures would unacceptably degrade the aesthetic characteristics of the overall design. This exemption shall not be construed to preclude the installation of fixtures complying with this article. B. Prohibited outdoor lighting. The following outdoor lighting shall not be permitted within the Town as of the effective date of this article, except as exempt above: Generated 5/28/2015 Page 12 Southampton Town Board - Letter Board Meeting of May 26, 2015 (1) Lamps having eCorrelated eColor tTemperature in excess of 3;000 kelvin. (2) Lighting used to illuminate a property other than that on which the fixture is located. (3) Searchlights, except those used for governmental or emergency purposes. (4) Strobe lights and laser lights, including laser light shows and aerial laser lights. (5) Neon lights, except as legally permitted. (6) Fixtures that revolve or create blinking, flickering, scrolling, rotating, pulsating or tracing light, including on signs, exclusive of exempt holiday lighting. (7) Flashing lights, unless temporarily triggered by a security system and extinguished at the time of security response. (8) Any type of lighting used to outline all or part of a building (for example, a window, roof, or gable), except for fully recessed soffit lighting that otherwise complies with this article. (9) Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers. (10) Lighting that is determined by municipal law enforcement to contribute to a condition of disabling or distracting glare into a public roadway. (11) Any light fixture located within or illuminating a designated nature preserve, conservation easement, public beach, or waterway, except as approved by the Town or the applicable agency. (12) When visible across property lines, the illumination of vending machines after the close of business. (13) "Day burners" or outdoor lighting which is illuminated during daylight hours. W�ffi 701- IMME-74ri;NU- ::916 -01 -a -i-:---- (14§) Mercury vapor (MV) lamps. Section S. Amendment Town Code §330-345B and §330-345F are hereby amended by deleting the stricken words and adding the underlined words as follows: §330-345. Residential lighting standards. All residential and multifamily residential properties shall comply with the following standards. For new construction, the Architectural Review Board may permit minor adjustments to any lighting requirement herein, provided that the proposed outdoor lighting is found to be reasonable, necessary, and consistent with the purposes of this article. Generated 5/28/2015 Page 13 Southampton Town Board - Letter Board Meeting of May 26, 2015 B. Shielding. All outdoor lighting fixtures shall be fully shielded and aimed straight downward, with the following exceptions: (1) Outdoor lighting fixtures with total light output of 900 lumens or less (60 watts incandescent or less) are exempt from the shielding and aiming requirement above. (2) Unshielded outdoor lighting fixtures operated by motion sensors are permitted, provided that: (a) The fixture is set to go on only when activated and to go off within five minutes after activation has ceased; and (b) The sensor shall not be triggered by activity off the property; and (c) The output per fixture does not exceed 1,800 lumens (100 watts incandescent). (3) Unshielded floodlights not exceeding 1,800 lumens per fixture (100 watts incandescent) are permitted, provided they are aimed no higher than 450 and do not cause nuisance lighting, as defined in § 330-341 (See Figure 2.)El� (4) Driveway lighting. Unshielded fixtures installed in or on a pillar or post at the foot of a driveway may not exceed 250 lumens (25 watts incandescent) per pillar/post. F. , feF speFts lighting puFsuant to §330 346 1(6)-. No light fixture on a residential property (other than snorts liahtina) shall have a total liaht output exceedina 2.600 lumens (150 watts incandescent). Section 6. Amendment Town Code §§330-346 A and F are hereby amended by deleting the stricken words and adding the underlined words as follows: §330-346. Non-residential lighting standards. Properties with non-residential lighting, as defined in §330-341, shall comply with the following standards. The Town Planning and Development Administrator or Planning Board may permit minor adjustments to any lighting requirement herein, provided that the proposed outdoor lighting is found to be reasonable, necessary, and consistent with the purposes of this article. A. Nuisance prevention. Outdoor lighting on non-residential properties shall be designed and installed so that all light which that is emitted by any outdoor light fixture shall not shine on or illuminate any neighboring property. No outdoor lighting shall be maintained or operated in such a manner so as to be nuisance lighting, as defined in §330-341. F. Lamp types. Any lamp type except Mercury Vapor may be used as long as the lamp's Correlated Color Temperature does not exceed 3000 kelvin. f3� Metal halide (MH) lannips shall be lingited to speFts lighting and CaF dealeFship dis-play aFeas in acceFdance with the pFevisiens of § 330 3461(5) and (6), unless the Planning BeaFd Section 7. Amendment Generated 5/28/2015 Page 14 Southampton Town Board - Letter Board Meeting of May 26, 2015 Town Code §330-346I(5) and (6) are hereby amended by deleting the stricken words and adding the underlined words as follows: I. Additional lighting requirements for specific applications. In addition to §330-346A through H, the following requirements shall apply to the specific lighting applications below: (5) Car dealerships. (a) All fixtures shall be full -cutoff and shall not cause glare or light trespass onto adjoining properties or into roadways. (b) Light levels for display areas shall not exceed those in Table 5.E6� Parking lot and other areas shall conform to the requirements of §330-346I(1). fH Any peFn9itted lan9p type not exceeding 3,000 l(elvin n9ay be used On display aFeas only. (6) Sports lighting. A combination of high pFessuFe sediung, ngetal halidej (a) Fixtures shall be full -cutoff as designed and installed. Where full -cutoff fixtures are not available, light fixtures with auxiliary shielding may be used provided that in the final installed configuration: (a) the shielding extends to within three (3) inches of the lowest part of the light fixture opening; and (b) the field -side edge of the shielding is no more than three (3) inches above a horizontal line running through the lowest part of the light fixture opening (Figures 4a and 4b). The fixtures shall be installed and maintained with aiming angles that permit no more than one percent (1%) of the light emitted by each fixture to project above the horizontal. , �•��"2 exception of fields located on n9unicipal pFepeFty which n9ay engpley fixtuFes t engit up to 2Q/o of the light above the lowest light engitting part of the fixtuFe. (b) Light sources shall not exceed 3000 kelvin. On non-residential properties a combination of lamps with higher (cooler) and lower (warmer) Correlated Color Temperatures (CCT) may be used as long as the lumen -weighted average CCT does not exceed 3000 kelvin (Lumen -weighted average CCT = (kelvin degrees of warmer lamps x total lumens of such lamps) + (kelvin degrees of cooler lamps x total lumens of such lamps) - total project lumens). ).Sports lighting shall meet the following height and setback requirements: [1] Residential properties: The mounting height shall be no greater than 1/4 the distance to the property line and shall not exceed 18 feet. [2] Non-residential properties: no height restriction. (d) Sports lighting shall not exceed the following light trespass limits: [1] Residential properties: at any point on the property line: 0.05 footcandles. [2] Non-residential properties: at any point on the property line when adjacent to residential properties: 0.1 footcandle; otherwise: 1.0 footcandle. (e) Sports lighting shall not exceed the illumination levels appropriate for the amount of spectator seating. Facilities with 500 or fewer fixed spectator seats may not exceed illuminance levels specified for Class IV facilities in IES RP -6, "Recommended Practice for Sports and Recreational Area Lighting." Larger facilities may not exceed illuminance levels recommended for these other Classes: 501-1,499 fixed spectator seats—Class III 1,500-4,999 fixed spectator seats—Class II 5,000 or more fixed spectator seats—Class I Generated 5/28/2015 Page 15 Southampton Town Board - Letter Board Meeting of May 26, 2015 (f) Certification. The design and installation of every sports lighting system shall be certified by a registered engineer, architect, or landscape architect as conforming to requirements a -e above. (egJ Sports lighting shall not be turned on if there is no scheduled play and shall be shut off within one hour after closing to the public. Lower light level off -field lighting may be provided for safe egress. l•l i \tet � \R.1.`� l..'L� � i lam! � w1�1 i�y�l � . \�\�! � i! � ��! �� li�J i�i� t.lri� \ i lam! ��ti�l ��[ � \.1 \i� i [ � � !�� [ � � � \� � i 1.1 \ i \� INV • • • • FORNOW l\�1 Section 8. Amendment Town Code §330-347D is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-347. Procedures. D. The following items shall accompany a lighting plan submission for review and approval by the Planning Board: (1) A site plan complete with all existing and proposed structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, indicating with shading or highlighting all areas where pedestrians shall be walking or where pedestrians may come in conflict with vehicles. (2) A detailed lighting plan shall be submitted for review and approval for sites that will have a total lumen output of 4,000 or greater. Said plan shall indicate: (a) Footcandle measurements on a grid of the site showing readings in every five- foot square. The grid shall include the location and installed height of each existing and proposed fixture (i.e., pole -mounted lights, wall -mounted lights., and lighting �g streetlights), and the overall light levels, in footcandles, on the entire site. (b) The grid shall extend at least 20 feet beyond the site property lines, indicating the zoning of all adjacent properties to assure compliance with light trespass requirements. (c) Photometric plans shall be prepared by the fixture manufacturer or a licensed professional, architect, landscape architect, or engineer and shall provide calculation of average maintained footcandles, maximum and minimum footcandle readings, and the average -to -minimum and the maximum -to -minimum uniformity ratios. (3) A description of each light fixture as depicted and identified on the site plan, including the manufacturer, model number, a photograph of the fixture and a manufacturer's catalog cut -sheet, detailed IES formatted photometric data, a description of the cutoff characteristics of each fixture, light output; in initial lumens, and lamp type, and Correlated Color Temperature verifying any compliance requirements specified within this article. (4) Mounting height indicated with the distance to the nearest property line for each proposed and existing fixture, including pole foundation description. (5) Shielding or glare reduction devices and all mounting details. (6) Types of timing devices or motion sensor devices used to control the fixtures and schedule of the proposed hours when each fixture will be operated. Generated 5/28/2015 Page 16 Southampton Town Board - Letter Board Meeting of May 26, 2015 (7) Total outdoor lamp lumens for all fixtures on the property, calculated at initial lumen output. (8) A summary key table identifying the maximum, minimum, and average light levels in footcandles as well as uniformity ratios for all parking areas and walkways. E. When considering a site plan application, the Planning Board may require the use of motion sensor devices to control lighting for illumination of a building entrance, recreation areas, parking areas, accessways or other such areas. F. A post -installation inspection shall be conducted by a qualified lighting designer to verify compliance with the approved plan. The applicant shall submit a certification to the Planning Board verifying that such inspection was performed and that the installed system operates and is in conformance with the approved plan along with a manufacturer's cut- sheet/certification for the installed fixtures prior to the issuance of a certificate of occupancy or other Town approval. G. The Town shall have the right to conduct a post -installation inspection on any property with an approved lighting plan to verify compliance with the requirements of this article and, if appropriate, to require remedial action at the expense of the applicant. Section 9. Amendment Town Code §330-348 is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-348. Prohibited acts; penalties for offenses. A. It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity (hereinafter "person and/or business entit to install, alter, repair, move, equip, use or maintain or allow such installation of any outdoor lighting in violation of any of the provisions of this article, or to fail in any manner to comply with a notice, directive or order of the Chief Building Inspector or designee, or Code Enforcement Officer. B. If, after investigation, the Chief Building Inspector, or designee, or the Code Enforcement Officer finds that any provision of this article is being violated or nuisance lighting exists, notice shall be given by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, instructing that the violation or nuisance lighting must be abated within the time specified in the notice or, in absence thereof, within 30 days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within said period, the Chief Building Inspector, or designee, or the Code Enforcement Officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this article. C. Residential. Any person and/or business entity, fiFm, owneF, tenant, peFsen who violates this article, or any provision thereof, shall be guilty of a violation punishable by a civil penalty not to exceed $250 for residential violations after the expiration of the abatement period provided in Subsection B, and each day shall constitute a separate offense for the purpose of calculating the civil penalty; any person and/or business entity , who violates this article after being convicted of a violation of this article within the preceding year shall be guilty of a Generated 5/28/2015 Page 17 Southampton Town Board - Letter Board Meeting of May 26, 2015 violation punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both; any person and/or business entity , fimq, owneF, tenant, ' who violates this article after being convicted of a violation of this article two or more times within the preceding three- year period shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed 30 days. D. Non-residential. Any person and/or business entity , who violates this article, or any provision thereof, shall be guilty of a violation punishable by a civil penalty not to exceed $500 for non-residential violations after the expiration of the abatement period provided in Subsection B, and each day shall constitute a separate offense for the purpose of calculating the civil penalty; any person and/or business entity , who violates this article after being convicted of a violation of this article within the preceding year shall be guilty of a violation punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed 15 days, or both; any person and/or business entity , fimq, owneF, tenant, ' who violates this article after being convicted of a violation of this article two or more times within the preceding three- year period shall be guilty of a misdemeanor punishable by a fine not to exceed $3,000 and/or imprisonment for a period not to exceed 30 days. §330-349. through §330-359. (Reserved) Section 10. Amendment Figure 1 of Town Code §330 -Attachment 11 is hereby amended by replacing the figures with the following: Figure 1 Section 11. Amendment Figure 4 will be replaced with the following and will become Figure 5. Figure 4a Generated 5/28/2015 Page 18 Southampton Town Board - Letter Board Meeting of May 26, 2015 shield 0 3° max Lowest point of Horizontal line fixture opening Figure 4b shield 0 3" max Lowest point of fixture opening Horizontal line Figure 4. Figure S. The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting fixtures. Note that even those types of fixtures shown as "acceptable" must be installed and aimed properly to comply with this Article. These figures are provided as guidelines and serve only as examples. Section 12. Authority. This amendment is enacted pursuant to New York State Town Law §274-a and §274-b, and Municipal Home Rule Law §10. Section 13. Severability. If any section or subdivision, paragraph, clause, phrase of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 14. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. AND BE IT RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing in the Southampton Press Eastern and Western Editions: NOTICE OF PUBLIC HEARING Generated 5/28/2015 Page 19 Southampton Town Board - Letter Board Meeting of May 26, 2015 PLEASE TAKE NOTICE that a public hearing will be held on June 23, 2015, at 6:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: "A LOCAL LAW amending Article XXIX of the Town Code to update and clarify provisions as they relate to the Town's outdoor lighting regulations." SUMMARY OF LOCAL LAW The proposed amendment updates and clarifies various provisions of the Town Code as they relate the regulations on outdoor lighting. Copies of the proposed local law sponsored by Councilwoman Bridget Fleming are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None. RESULT: ADOPTED [UNANIMOUS] MOVER: Bridget Fleming, Councilwoman SECONDER: Anna Throne-Holst, Supervisor AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka Generated 5/28/2015 Page 20 Southampton Town Board - Letter Board Meeting of May 26, 2015 TOWN BOARD RESOLUTION 2015-585 Item # 6.26 ADOPTED DOC 1D: 22337 Notice of Public Hearing to Consider Amendments to Southampton Town Code Section 330-5 (Definitions) and Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) in connection with Public Gardens and Public Garden Fencing BE IT HEREBY RESOLVED, that the Town Board hereby directs that a public hearing shall be held on June 23, 2015 at 6:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled: "A LOCAL LAW amending Town Code §330-5 (Definitions) and Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) in connection with Public Gardens and Fencing" which provides as follows: LOCAL LAW NO. OF 2015 A LOCAL LAW amending Town Code §330-5 (Definitions) and Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) in connection with public gardens and fencing. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. The Town Code currently does not permit eight foot deer fences within the Town of Southampton absent either: (i) a variance from the Zoning Board of Appeals or (ii) approval from the Town of Southampton Planning Board for residential properties located within an Agricultural Overlay District. Since the Town Board finds that the promotion and preservation of public gardens is essential to the community, this amendment would define "public garden" and empower the Planning Board to increase the height of deer fencing on properties boasting public gardens in all zoning districts so long as they are operated by philanthropic, nonprofit, governmental, or educational organizations. Section 2. Amendment. Town Code §330-5 (Definitions) is hereby amended by adding the underlined words in alphabetical order as follows: As used in this article, the following terms shall have the meanings indicated: §330-5. Definitions PUBLIC GARDEN - A aarden desianed for educational Durooses with scientificallv ordered and maintained collections of plants, usually documented and labeled, and open to the public for purposes, including but not limited to, agricultural practices, scientific research, conservation, display and education. A public garden shall be operated by a philanthropic, nonprofit, or governmental organization; or affiliated with an educational institution. Section 3. Amendment. Generated 5/28/2015 Page 21 Southampton Town Board - Letter Board Meeting of May 26, 2015 Town Code §330-109 (Fences, walls, accessory structures, and clotheslines) is hereby amended by adding the underlined words as follows: §330-109. Fences, walls, accessory driveway structures, and clotheslines. F. Public Garden Fencing. (1) Within all Zoning Districts, the Planning Board may approve an increase in the permitted height of a fence located in any yard in order to protect subject gardens from damage due to deer, subject to the following: (a) The maximum height of the fence may not exceed eight feet. (b) Visibility (open space) must be provided through said fence equaling a minimum of 40% of the total area of the proposed fence. (c) The subject public garden meets the definition pursuant to section 330-5. (d) The fence shall be located landward of any existing buffer area or transition yard required pursuant to X330 -83G, but in no case less than 20 feet from any public right-of-way. (e) The installation of the fencing will be accomplished in a manner to preserve and protect the visual and scenic resources of the Town, which may include appropriate ornamental planting or natural buffer provided in order to screen the subject fence from the public right-of-way. (2) An application for public garden fencing shall be submitted to the Planning Board and shall included a landscape plan as may be necessary to illustrate compliance with §330- 109F(l) above. SECTION 4. Authority. The proposed local law is enacted pursuant to Town Law §264 and §265 and Municipal Home Rule Law §10(1)(ii)(a)(12) and §10(1)(ii)(a)(14). SECTION S. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 6. Effective Date. This Local Law shall take effect upon filing in the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on June 23, 2015 at 6:00 p.m., at Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a local law entitled: "A Local Law amending Town Code §330-5 (Definitions) and Town Code §330-109 (Fences, walls, accessory driveway structures, and clotheslines) in Generated 5/28/2015 Page 22 Southampton Town Board - Letter Board Meeting of May 26, 2015 connection with Public Garden Fencing." Summary of Proposed Law This amendment to Section 330-5 (Definitions) of the Town Code and Section 330-109 (Fences, walls, accessory driveway structures, and clotheslines) adds a definition for "Public Garden" and authorizes the Town Planning Board to increase the height of deer fencing for public gardens in all zoning districts. Copies of the proposed local law, sponsored by Councilwoman Christine Scalera, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None. RESULT: ADOPTED [UNANIMOUS] MOVER: Christine Preston Scalera, Councilwoman SECONDER: Bradley Bender, Councilman AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka Generated 5/28/2015 Page 23 Southampton Town Board - Letter Board Meeting of May 26, 2015 TOWN BOARD RESOLUTION 2015-589 Item # 6.32 ADOPTED DOC 1D: 22394 Resolution Adopting Amendments to Town Code §330-202 of Article XXII (Signs) Changing the Extended Amortization Date for Signs to be in Compliance to January 1, 2017 WHEREAS, the Town Board is considering amending Town Code §330-202 of Article XXII to extend the amortization of signs; and WHEREAS, a public hearing was held on February 10, 2015, at which time all persons either for or against said amendment were heard; now therefore be it RESOLVED, that Local Law No. 18 of 2015 is hereby adopted as follows: LOCAL LAW NO. 18 of 2015 A LOCAL LAW amending A LOCAL LAW amending Town Code §330-202 (Compliance; amortization of preexisting signs.) of Article XXII (Signs) of Chapter 330 (Zoning) of the Southampton Town Code changing the extended amortization date to January 1, 2017. BE IT ENACTED by the Town Board of the Town of Southampton as follows: SECTION 1. Legislative Intent. This proposed local law will change the extended amortization date for bringing signs into compliance from January 1, 2015 to January 1, 2017. This additional time is needed to properly and orderly bring all signs into compliance without putting an undue burden on sign owners or Town staff and resources. SECTION 2. Amendment. Southampton Town Code §330-202 (Compliance; amortization of preexisting signs.), subsection (B) of Article XXII (Signs) of Chapter 330 (Zoning) is hereby amended by deleting the stricken words and adding the underlined words as follows: B. Preexisting signs, amortization. No sign, whenever erected, existing within the Town of Southampton prior to the effective date, shall continue to exist after June 1, 2007 (the "amortization date"), unless it is brought into compliance with the requirements of this article prior thereto; provided, however, that the owner of any sign in compliance with the Southampton Town Code prior to the effective date shall have until January 1, 2018 2015 2017 (the "extended amortization date"), to remove any such sign if, prior to the amortization date, such owner submits an application to the Building Department requesting the extended amortization date, together with, for any such sign existing prior to May 22, 1972, a valid sign permit or a certificate of compliance or three affidavits evidencing such existence, all in accordance with procedures hereafter established by said Department. Any modifications or alterations to any such lawfully preexisting, nonconforming sign prior to the extended amortization date shall subject such sign to all the requirements of this article, except that any change in the business name on any such sign, provided that the business conducted at such existing property has not changed, need not conform to the provisions of this article so long as (i) the sign size or nonconformity is not increased, (ii) if the sign is Generated 5/28/2015 Page 24 Southampton Town Board - Letter Board Meeting of May 26, 2015 illuminated, it is brought into compliance with all the requirements of §330-207, and (iii) the applicant receives a permit for such changes pursuant to the provisions of §330-208A. Signs that are not lawfully preexisting (i.e., signs erected or changed without the benefit of a valid permit, Planning Board approval or a variance) are not entitled to the benefits of such extended amortization and must be brought into compliance with all the provisions of this article prior to the amortization date. No such lawfully preexisting, nonconforming sign may be reestablished after it has been abandoned or discontinued for a period of 90 days or more. SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION S. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION PLEASE TAKE NOTICE that, after a public hearing was held by the Town Board of the Town of Southampton on February 10, 2015, the Town Board, at their meeting of February 10, 2015, adopted LOCAL LAW NO. 18 OF 2015 as follows: "A LOCAL LAW amending Town Code §330-202 (Compliance; amortization of preexisting signs.) of Article XXII (Signs) of Chapter 330 (Zoning) of the Southampton Town Code changing the extended amortization date to January 1, 2017." Summary of Proposed Law This proposed local law will change the extended amortization date for bringing signs into compliance with Article XXII of Chapter 330 of the Town Code from January 1, 2015 to January 1, 2017. Copies of the local law, sponsored by Supervisor Throne-Holst, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: N/A RESULT: ADOPTED [UNANIMOUS] MOVER: Anna Throne-Holst, Supervisor SECONDER: Stan Glinka, Councilman AYES: Throne-Holst, Bender, Scalera, Fleming, Glinka Generated 5/28/2015 Page 25 Southampton Town Board - Letter Board Meeting of May 26, 2015 Generated 5/28/2015 Page 26