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HomeMy WebLinkAbout1998-05-12TB 5 -12 -98 • TOWN OF DRYDEN Special Permit Hearing S & JBartholomew May 12, 1998 Keith and Jill Bartholomew explained that they would like to use the facility at 410 North Road in the Town of Dryden as a storage facility for their business (an oil and related automotive products warehouse and distribution service. The oil would be sold by the case and /or stored in 55 gallon drums until delivered to their customers. The site would not be used for a retail business, however, some customer (retail dealers) may pick up their products at the site. The drums will be filled on site. The driveway will be modified. Dorothea Schutt - Lives next door to the site. Concerned about traffic on the dirt driveway, possible pollution of the small creek, and the possibility that the area be rezoned commercial. Mr. Bartholomew - has worked 15 years for Wainwright Oil in the Village of Dryden. They never had an oil spill on that site. Cl D Grantham - Inquired whether provisions had been made to contain a spill, such as a lip around the floor and inquired whether there were a drain in the floor and was informed by Mr. Bartholomew that no provisions had been made. Supv Schug - What will be done to keep the dust down? Mr. Bartholomew - They will have gravel brought in and build the driveway up. There should be only about one or two trucks per week. Hours will probably be from 8:00 a.m. till 5:00 p.m. There will only be someone there to accept a delivery, then Bartholomew's truck will be loaded and his deliveries will be made. The Board was informed that the stream Mrs. Schutt referred to is actually a runoff ditch, however Mrs. Schutt claims there is water in it most of the time. Supv Schug There is additional information required for property located within an ag district, basically an inventory of surrounding farm activities, required under State Law. Applicant will be required to complete this form. Inquired about the recommendation for drainage. Applicant will speak with Dave Putnam, and if necessary a drainage plan will be worked out. Cl D Grantham - asked the location of the closest well and was informed that would be Mrs. Schutt's well, about 300' away. Supv Schug reviewed with the Board members the Short Environmental Assessment Form. All agreed with the form as prepared. Supv Schug closed the public hearing at 7:50 p.m. and entered into Board Meeting for purposes of making the following resolutions: fte. r TB 5 -12 -98 RESOLUTION # 114 - SEQR NEGATIVE DECLARATION SPECIAL PERMIT - BARTHOLOMEW 0 Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all necessary documents. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 115 - GRANT SPECIAL PERMIT K & J BARTHOLOMEW Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board grant the special permit to Keith and Jill Bartholomew with the 1 -98 "boiler plate conditions" and on the further conditions that (1) hours of operation shall be 8:00 am. to 5:00 p.m. Monday through Saturday, (2) drainage situation be discussed with the Town Engineer, and rectified if necessary, (3) the driveway be covered with gravel, and (4) the required Agricultural Data Statement be completed and filed with the Zoning Offce, 2nd Cl C Hatfield 0 Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Upon motion made, seconded and unanimously carried the Board moved from Town Board meeting and into Special Permit Hearing at 7:55 p.m. SPECIAL PERMIT HEARING ERIC & STEPHEN HICKS 460 LIVERMORE ROAD Eric & Stephen Hicks have applied to erect two mini- storage buildings on their property at 460 Livermore Road. They have no plans for installing a fence at this time, however they will do so in the future if if becomes necessary. The buildings will be 15' high at the peak. They plan to put up some sort of lighting (to shine at a downward angle so as not to offend neighbors). Supv Schug moved the Board from the Special Permit Hearing into Town Board Meeting at 8:00 p.m. Supv Schug reviewed with the Board members the Short Environmental Assessment Form. All agreed with the form as prepared. Page 2 of 18 TB 5 -12 -98 40 RESOLUTION #116 - SEQR NEGATIVE DECLARATION SPECIAL PERMIT - HICKS Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that this Town Board issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The Supervisor is authorized to sign all necessary documents. 2nd Cl T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 117 - APPROVE SPECIAL PERMIT - HICKS Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board grant the special permit for Stephen and Eric Hicks with the 1 -98 boiler plate conditions" and on the further conditions that (1) the drainage be addressed with the Town Engineer, and rectified if necessary, (2) that there be no storage of unlawful or flammable materials on the premises, (3) downward pointing lighting will be installed and will correct its direction should neighbors complain, (4) the required Agricultural Data Statement be completed and filed with the Zoning Office, and (5) should applicant decide to install fencing applicant will first come to the Board for approval of such fencing. • 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes = Supv Schug moved the Board from Town Board meeting into Public Hearing at 8:05 PUBLIC HEARING LOCAL LAW #3 - 1998 Supv Schug opened the public hearing at 7:55 to receive and review comments concerning proposed Local Law #3 of the year 1998 - a Local Law regulating the siting of telecommunications towers, antennae and related facilities. Attorney Perkins explained that the Town cannot restrict the area in which telecommunication towers can be erected. Our law encourages co- location. Mike Lane - wondered if we had the authority to require camoflaging and was informed by Supv Schug that it does. Public hearing closed at 8:03 p.m. Page 3 of 18 TB 5 -12 -98 TOWN OF DRYDEN • TOWN BOARD MEETING MAY 1214 1998 Supv Schug called the meeting to order at 8:10 p.m. Members and guests participated in a moment of silent meditation followed by the pledge of allegiance. Roll call attendance was by Town Clerk Bambi L. Hollenbeck: Present: Cl R Beck Cl T Hatfield Cl C Hatfield Cl D Grantham Attorney Perkins Supervisor Schug Supervisor Schug pointed out the fire exits to those in attendance. APPROVAL OF MINUTES Upon motion by Cl T Hatfield and seconded by Cl R Beck, the minutes of the meeting of April 14, 1998, were unanimously approved. CITIZENS PRIVILEGE OF THE FLOOR • Monica Roth - Gave an update on the Agriculture & Farmland Protection Plan as adopted by the County. There has been a lot of community involvement in developing the plan. It has three goals: (1) Education at all levels, (2) Agricultural Economic Development and (3) Government policy. The Stuttle farm is hosting a Farm City Day on August 15, 1998, from 11 am. to 4 p.m. The County will incorporate this Ag Plan into the County Economic Development Plan. They would like to work with Town Government more closely in its land use decisions. She commends the Town of Dryden for paying attention to Ag District Statements and other provisions of the Ag District Law. Towns should give consideration to how developments will impact the agricultural community. They would like to work with the Towns when ag districts come up for review and work to identify areas that the Town envisions for development so they can be removed from ag districts and avoid conflicts in the future. They hope to come up with a commendation for Towns who are "farmer family". Ms. Roth distributed copies of the abridged edition of the Tompkins County Agriculture and Farmland Protection Plan for board members and for the public. Bill Bailey - Board members have received packets of information regarding the Town's insurance coverages. The Bailey Agency has obtained competitve quotes. This year's premiums are down. Recommended raising the umbrella liability to $3 million or $5 million. Bill will obtain a quote for that before the next meeting. Public official's liability covers a wrongful act (page 10 of the information distributed details wrongful acts). The umbrella will protect above the public officials liability. The Bailey Agency receives a list of all property owned by the Town of Dryden and they always receive prompt responses to their requests of the Town. The property is insured on a blanket basis. Feels the Town is well covered, but would like to see the umbrella increased. Thanked the Town for allowing them to continue to • write this insurance. Page 5 of 18 TB 5 -12 -98 COUNTY BRIEFING Charlie Evans - The Health Committee has proposed a local law with respect to the sale 'MW of cigarettes via machines in restaurants and bars. There will be a public hearing regarding that on May 19. The Board of Health has fined five businesses $100 each for selling tobacco to minors. The Government Operations Committee is working toward more efficient government. In the Electronic Futures area, they will be proposing a pilot project with Cornell University offering a high speed data access and entertainment over telephone lines. They are in hopes this will offer competition and drive prices down in the area. It will provide access to the internet, as well as entertainment, and vendors will be able to sell their wares. They will try to provide service to at least one rural area also. This is a 2 year project to begin around the first of the year. Mike Lane - The Planning and Intermunicipal Committee held a meeting last week with other counties regarding the sales tax issue (7 counties represented). They discussed what to do when the State has its sales tax holidays and what to do in December of 1999 when the State takes its 4% sales tax off clothing and shoes permanently. How do we replace those lost revenues. The County must either opt in or out, it cannot change. Those counties closest to Pennsylvania are driven by what that State does —they do not tax clothing & shoes. Seneca, Cayuga and Cortland Counties are against giving up those sales tax revenues. Seneca County claims it will raise their property taxes 18 %. In Tompkins County, we're undecided. The County will ask the State to replace the lost revenues if we agree to give up the sales tax through revenue sharing. Resolutions will be passed by all Counties requesting this. Distributed portions of the County's capital projects report. Northeast Subarea Transportation Sturdy - there will be a meeting at Dewitt Middle School on May 16, 1998 from 9 -12. Stressed importance of having people from the Town of o Dryden there. Encouraged people to attend. Ferguson Road bridge work is under way. They have had some problems, but are progressing. George Road Bridge - the County sent some timbers to Cornell for testing because it was thought they may not be good. The test results indicate that the weight limit could be raised. The timbers have been reinstalled and the bridge should be open soon. A bridge on Ringwood Road has received a flag and the load limit has been reduced because of deteriorating steel beams. Cornell Lake Source Cooling - This is the project to run pipe from Cornell University into the lake to take cold water out and one to return warmed water to the lake. The project will be controlled by the Town of Ithaca's laws, and the lead agency for environmental review will be NYS DEC. Our IDA is now able to offer bonding to educational institutions and other civic projects such as this. We have asked Cornell if they would like to use our agency for bonding. Believes they can provide it at a lower cost to Cornell & it will mean about $50,000 per year for the IDA. A public hearing has been held on this and there are people who are opposed to the project. Cornell had a meeting with the IDA yesterday and Cornell came in and addressed concerns. The IDA will not act until the Town of Ithaca has made its decision. CITIZENS PRIVILEGE OF THE FLOOR Joe Raffino - TEA Group - inquired if the Telecommunications law would be addressed tonight and if the Board had reviewed their attorney's comments with respect to that law. Page 6 of 18 TB 5 -12 -98 Supv Schug - Yes they will review those later. • Geoff Potter - requested the Town make a resolution regarding making a 4 -way stop at the intersection of Mt Pleasant Road and Turkey Hill Road and reducing the speed limit in the area RESOLUTION #118 - REQUEST 4 -WAY STOP AT MT. PLEASANT AND TURKEY BILL ROAD INTERSECTION Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that the Town of Dryden hereby requests that the intersection of Mt. Pleasant Road and Turkey Hill Road in said town be made a four -way stop, and it is further RESOLVED, that the Town Clerk forward a certified copy of this resolution to the Tompkins County Highway Superintendent. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Mike Lane requested that he and Charlie Evans receive a copy of the letter to the County. • Supv Schug explained that with respect to HUD loans (i.e. Teeter and Newbury) some towns will subordinate their mortgage if the funds are borrowed to improve the property, but not if refinancing takes place to pay off other existing debts. Karl Heck with HUD is here and has explained that the Teeter and Newbury situations are grants with a ten year commitment to live on the property. Teeter and Newbury are asking for more money to pay off existing debt. After discussion, the Board decided that while it seemed like a harsh decision, they must look out for the interest of the Town, and therefore will not subordinate their position. RESOLUTION # 119 - NOT SUBORDINATE TEETER & NEWBURY LOANS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board feels it is in the best interests of the Town of Dryden not to subordinate the HUD loans for Teeter and Newbury, and the requests to do so are hereby denied. 2nd Cl R Beck Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes COUNCIL PRIVILEGE OF THE FLOOR Supv Schug inquired if Cl D Grantham had any further information regarding the School Safety Program and she replied that Tara Jenne was going to get back to her with it. Page 7 of 18 TB 5 -12 -98 ATTORNEY Baker Hill Road outside user - The Board authorized him at the April meeting to prepare water and sewer agreements for 19 Baker Hill Road. Those agreements have been prepared and forwarded to the proposed outside user and we have not yet heard back from them. Dilger Private Burial Site - Our standard agreement for this has been forwarded to Mr. Dilger and he has requested changes in it including the ability to bury additional family members. My feeling is that we should look at these matters on a case by case basis so we don't run into a situation where we are approving a private cemetery or one for which the Town may become liable in the future. Recommendation is that we approve this agreement consistent with prior actions by the Town and take it on a case by case basis should there be an additional need. RESOLUTION # 120 - AUTHORIZE SUPERVISOR TO SIGN AGREEMENT FOR PRIVATE BURIAL SITE - DILGER After discussion, Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that the Supervisor is hereby authorized to sign an agreement for a private burial with Dilger, said agreement to be in a form consistent with prior agreements for private burial sites and as approved by the Town Attorney. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes The cost of the preparation of a map, plan and report in connection with the proposed Pinckney Road Water District was discussed. RESOLUTION # 121 - A RESOLUTION APPROPRIATING $59000.00 OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF PREPARING A MAP, PLAN AND REPORT IN CONNECTION WITH THE PROPOSED ESTABLISHMENT OF A NEW WATER DISTRICT IN SAID TOWN IN AN AREA OF SAID TOWN NOT INCLUDED WITHIN THE BOUNDARIES .OF ANY EXISTING WATER DISTRICT OR INCORPORATED VILLAGE, SUCH NEW WATER DISTRICT PROPOSED TO BE KNOWN AS THE PINCKNEY ROAD WATER DISTRICT WHEREAS, Section 209 -b of the Town Law authorizes any Town to adopt a resolution, subject to permissive referendum, appropriating a specific amount of monies to pay the cost of preparing a map, plan and report in connection with the establishment of a proposed improvement district not included within the boundaries of any existing water district or incorporated village; and WHEREAS, it has been proposed to establish a new water district in said Town, said water district proposed to be known as the Pinckney Road Water District, and WHEREAS, it is now desired to appropriate monies of said Town of Dryden to pay the cost of the preparation of a map, plan and report for said proposed Pnckney Road Water District of said Town, in accordance with the provisions of Section 209 -b of the Town Law, NOW, THEREFORE, BE IT on TB 5 -12 -98 RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, isas follows: Section 1. There is hereby appropriated the sum of $5,000.00 of the Town of Dryden, Tompkins County, New York, to pay the cost of preparing a map, plan and report in connection with the establishment of a proposed water district within said Town not included within the boundaries of any existing improvement district or incorporated village, said water district proposed to be known as the Pinckney Road Water District, Section 2. In the event that such Water District shall be established, by whatever name known, pursuant to the provisions of Article 12 -A of the Town Law, the expenses incurred by the Town of Dryden, Tompkins County, New York, for the preparation of such map, plan and report shall be deemed to be a part of the cost of the establishment of such Water District and the monies appropriated hereby shall be reimbursed to said Town by said Water District. Section 3. This resolution is adopted subject to permissive referendum in accordance with Section 209 -b and Article 7 of the Town Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Supervisor J. Schug VOTING Aye Councilperson C Hatfield VOTING Aye Councilperson T Hatfield VOTING Aye Councilperson R Beck VOTING Aye _ Councilperson D Grantham VOTING Aye The resolution was thereupon declared duly adopted. The cost of the preparation of a map, plan and report in connection with the proposed Pinckney Road Sewer District was discussed. RESOLUTION # 122 - A RESOLUTION APPROPRIATING $4,000.00 OF THE TOWN OF DRYDEN, TOMPKINS COUNTY, NEW YORK; TO PAY THE COST OF PREPARING A MAP, PLAN AND REPORT IN CONNECTION WITH THE PROPOSED ESTABLISHMENT OF A NEW SEWER DISTRICT IN SAID TOWN IN AN AREA OF SAID TOWN NOT INCLUDED WITHIN THE BOUNDARIES OF ANY EXISTING SEWER DISTRICT OR INCORPORATED VILLAGE, SUCH NEW SEWER DISTRICT PROPOSED TO BE KNOWN AS THE PINCKNEY ROAD SEWER DISTRICT WHEREAS, Section 209 -b of the Town Law authorizes any Town to adopt a resolution, subject to permissive referendum, appropriating a specific amount of monies to pay the cost of preparing a map, plan and report in connection with the establishment of a proposed improvement district not included within the boundaries of any existing sewer district or incorporated village; and WHEREAS, it has been proposed to establish a new sewer district in said Town, said sewer district proposed to be known as the Pinckney Road Sewer District, and WHEREAS, it is now desired to appropriate monies of said Town of Dryden to pay the cost of the preparation of a map, plan and report for said proposed Pinckney Road Sewer . District of said Town, in accordance with the provisions of Section 209 -b of the Town Law, NOW, THEREFORE, BE IT Page 9 of 18 TB 5 -12 -98 RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. There is hereby appropriated the sum of $4,000.00 of the Town of Dryden, Tompkins County, New York, to pay the cost of preparing a map, plan and report in connection with the establishment of a proposed sewer district within said Town not included within the boundaries of any existing improvement district or incorporated village, said sewer district proposed to be known as the Pinckney Road Sewer District, Section 2. In the event that such Sewer District shall be established, by whatever name known, pursuant to the provisions of Article 12 -A of the Town Law, the expenses incurred by the Town of Dryden, Tompkins County, New York, for the preparation of such map, plan and report shall be deemed to be a part of the cost of the establishment of such Sewer District and the monies appropriated hereby shall be reimbursed to said Town by said Sewer District. Section 3. This resolution is adopted subject to permissive referendum in accordance with Section 209 -b and Article 7 of the Town Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Supervisor J. Schug Councilperson C Hatfield Councilperson T Hatfield Councilperson R Beck Councilperson D Grantham VOTING Aye VOTING Aye VOTING Aye VOTING Aye VOTING Aye The resolution was thereupon declared duly adopted. Supv Schug - The Pinckney Road water and sewer districts are in the process of being formed. The Lettuce Farm would like to hook up to water service as an outsider until the formation of those districts is complete. Normally an out of district user would be charged to pay back the district for the time the district has been in. Because it falls within the boundaries of the Pinckney Road project, their total bill (computed by Atty Perkins) would have been about $9,000. Because the district may be coming we would like to charge them $2,000 per year and that money will be credited to the water account of that district. Atty Perkins - The Lettuce farm will pay for the water, but for the privilege of getting the water now, they will pay $2,000 per year, and in the event they become part of the water district, their $2,000 per year will be credited to that district. We need to prepare an agreement that reflects that. RESOLUTION # 123 - AUTHORIZE AGREEMENT WITH LETTUCE FARM FOR WATER SERVICE Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Attorney to prepare an agreement with the Lettuce Farm for water service as an outside user until such time as the Pinckney Road Water and Sewer Districts are formed, said agreement to call for payment to the Town of the sum of $2,000 per year in addition to payment for water, said $2,000 per year to be credited to that district, and it is further Page 10 of 18 TB 5 -12 -98 • RESOLVED, that the Town Supervisor is authorized to execute said agreement. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv. Schug — Ottenschott matter will be discussed in Varna on the 21st of May, 1998 along with the Lucente matter. Atty Perkins — At the Supervisor's request he has looked into a matter. The Town technically has custody of a 1992 Pontiac Grand Am which was placed in the custody of the Town by the New York State Police under the provisions of the New York State Vehicle & Traffic Law when the operator was arrested for aggravated unlicensed operation. The vehicle is subject to forfeiture to the Town, but that forfeiture is subject to any garageman's lien for removal and storage and secondly, any recorded lien on the vehicle. The lien as of 1996 was over $9,000 and Mark Bell says the car is worth $3,000 to $4,000. Recommends we allow Mark Bell to foreclose the garageman's lien as there is nothing to be gained by the Town. RESOLUTION #124 — ABANDONING THE TOWN OF DRYDEN'S INTEREST, IF ANY, IN A CERTAIN 1992 PONTIAC GRAND AM Cl R Beck offered the following resolution and asked for its adoption: WHEREAS, pursuant to the provisions of Vehicle and Traffic Law §511 -b the Town of Dryden as the local • authority is in the custody of a certain 1992 motor vehicle identified as a Pontiac Grand Am VIN #1G2NE5435NC244164 seized by the New York State Police and now or formerly owned by Richard W. Brownell, and WHEREAS, pursuant to the provisions of such law, the Town's interest in such motor vehicle is subject and subordinate to any lien recorded prior to seizure and to the reasonable impoundment and storage charges, and WHEREAS, sufficient proof having been furnished to the Town of Dryden with respect to the recorded lien of Champion Federal Savings and Loan and that the amount of such lien greatly exceeds the current fair market value of said motor vehicle, and WHEREAS, said vehicle is currently stored at Bell's Auto Care, 116 North Street, Dryden, New York which has a garagemen's lien against such motor vehicle for the reasonable cost of removal and storage of said motor vehicle, NOW, THEREFORE, BE IT RESOLVED THAT THE Town of Dryden by this resolution hereby abandon, releases, quitclaims and forfeits any right, title and interest it has in and to said motor vehicle and declares that it will not proceed by petition to obtain a decree of forfeiture pursuant to the provisions of Vehicle and Traffic Law §511 -b(4). 2nd Cl C Hatfield Roll Call Vote Cl Cl Cl Cl Timmerman/ Blechinger R Beck Yes T Hatfield Yes C Hatfield Yes D Grantham Yes — is an insurance company matter Page 11 of 18 TB 5 -12 -98 Brooktree Lane - Not aware of anything he should be doing on this. • R Hatfield - Understands that a permit was issued in the Town of Harford last week. If that is the case, our problem may be solved. ENGINEERING Supv Schug - You received in your packets copies of a letter and questionnaire which we would like to send to the people in the proposed Yellow Barn Drainage District. Responses would indicate whether they would or would not be interested in the formation of the district and possibly save a great deal of time. D Putnam would like the Board's authority to send the letter. Cl D Grantham - It needs to be clear to the residents that if they choose to participate in the district, that they are not only making a financial commitment, but are agreeing to whatever work may be necessary. D. Putnam - This is not in place of a public hearing. The letter saves him time contacting people personally, lets us know how many are interested. If there aren't enough people interested in it, we can stop work here and save time and money. RESOLUTION #126- AUTHORIZE ENGINEER TO SEND LETTER TO RESIDENTS OF YELLOW BARN AREA REGARDING FORMATION OF DRAINAGE DISTRICT Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that the Town Engineer is hereby authorized to contact residents and property owners of the Yellow Barn area by letter to determine interest in the possible formation of a drainage district in that area. 2nd CI T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes ZONING OFFICER ZO Slater - presented the Board with copies of a map showing the location of Stephen Lucente's proposed development on Mt Pleasant Road. Suggested that it will take more than one public hearing for this matter. The tax base is estimated at 8 -10 million dollars. Map was reviewed and commented on by Board members, Engineer & ZO Slater. Feels the project definitely needs two means of egress and ingress. Will get an analysis to the Board. The project meets all the zoning requirements, but will require further comment and input. Supv Schug - We are going to invite the Planning Board to this hearing. ZO Slater - The area is 12.15 acres. Dave is looking at traffic analysis, drainage, water and sewer, and those types of things, and I'm looking at zoning and construction. Cl D Grantham - inquired about the new building on Turkey Hill Road, ZO Ezell - it appears to be a storage structure without any sides, just a roof. It might be under 140'. Will investigate it further. Page 12 of 18 TB 5 -12 -98 Cl D Grantham inquired about the apartment in Bell's garage and was informed that it was a permitted activity and it has a building permit. It is still under construction and inspection. ZO Slater - Board members have copy of monthly zoning report. Noted interesting fire event (false alarm) at Far View Apartments. With respect to 629 Snyder Hill Road, we may have to proceed through the Court system for clean up of that property. There is concern about traffic of heavy equipment across Quarry Road depositing mud etc on the road. This has led to at least one accident. The heavy equipment is damaging the road. Sediment is filling the ditches. DEC is reviewing the conditions of the permit. ZO Slater - Paul Cook, Irish Settlement Road, was to have applied for a permit to turn a trailer into a calf storage building. The building is presently being used for heifers, and the building has been extensively damaged. Mr. Cook has been asked to make the appropriate repair or demolish the building. He came in but did not give us an answer and we have not heard from him. We will probably have to either order its removal or demolish it ourselves and put it on the tax bill. The Board reviewed the Short Environmental Form and Negative SEQR Declaration with respect to proposed Local Law #3 -1998 and made corrections recommended by Atty Perkins. RESOLUTION # 126 - APPROVE SHORT ENVIRONMENTAL FORM WITH RESPECT TO PROPOSED LOCAL LAW #3 -1998 Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, That this Town Board approve and accept the Short Environmental Form, as amended, with respect to proposed Local Law #3 -1998. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes RESOLUTION # 127 - SEQR NEGATIVE DECLARATION PROPOSED LOCAL LAW #3 -1998 Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, That this Town Board issue a negative declaration based on the SEQR review. This is an unlisted action and the Town of Dryden is the lead agency in uncoordinated review. The supervisor is authorized to sign all necessary documents. 2nd Cl D Grantham I'61 Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Page 13 of 18 TB 5 -12 -98 Atty Perkins - With respect to proposed Local Law #3 -1998, consultants for the Town have commented on the questions raised in the letter of Hodgson, Russ, Andrews, Woods & Goodyear dated May 3, 1998. Those comments are noted and made part of the record and are filed in the office of the Clerk. Atty Perkins explained that commercial impracticability is an excuse and would excuse someone from performing because of unperceived circumstances not within the contemplation of the parties at the time of application or approval. So it if becomes more expensive for them to perform, they cannot use that as an excuse. RESOLUTION #128 - ADOPT PROPOSED LOCAL LAW #3 OF THE YEAR 1998 REGULATING TELECOMMUNICATION TOWERS Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, That this Town Board adopt proposed Local Law #3 as Local Law #2 of the year 1998, A Local Law Regulating the Siting of Telecommunications Towers, Antennae and Related Facilities, and that the same be filed as such with the Department of State of the State of New York and will take effect upon filing. 2nd Cl D Grantham Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Atty Perkins asked the Board to consider adopting Proposed Local Law #4 of the Year of 1998, repealing the moratorium on telecommunication towers. RESOLUTION # 129 - ADOPT PROPOSED LOCAL LAW #4 OF THE YEAR 1998 REPEALING THE MORATORIUM ON TELECOMMUNICATION TOWERS 0 Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, That this Town Board adopt proposed Local Law #4 as Local Law #3 of the year 1998, a Local Law repealing Local Law #4 -1997 and Local Law # 1 -1998, effectively lifting the moratorium on telecommunication towers imposed by those previous laws. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Atty Perkins explained that we had not taken any action on the proposed Zoning Ordinance amendment previously introduced on the recommendation of our consultants. That amendment has been revised and distributed to Board members. That needs to be introduced and the public hearing set. RESOLUTION # 130 - INTRODUCTION OF PROPOSED ZONING ORDINANCE AMENDMENT Cl D Grantham offered the following resolution and asked for its adoption: Page 14 of 18 TB 5 -12 -98 Subdivision 5 of Section 500 of the Town of Dryden Zoning Ordinance is amended to • read as follows: "5. (A) Public utility facilities (other than buildings) including electric poles, lines and transformers, natural gas pipe lines, telephone poles and cable, cable television and their distribution facilities and necessary appurtenances thereto, shall be allowed uses in all zones. (B) Public utility buildings and substations shall be allowed uses in the M -A zone and shall be allowed uses by special permit in all other zones." (C) Telecommunications towers and necessary appurtenances as defined in the "Telecommunications Tower Siting Law for the Town of Dryden" shall be sited as provided in such local law. A Public Hearing on said proposed amendment shall be held before the Town Board on June 9, 1998, at 7:30 p.m. prevailing time at the Town Hall, 65 East Main Street, Dryden, New York and the Town Clerk is directed to publish notice of such public hearing and post notice on the Town signboard in accordance with the provisions of law. 2nd Cl T Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes DEPARTMENT OF PUBLIC WORKS & HIGHWAY DEPARTMENT Supv Schug - Advised that figures have not been obtained yet for roof repair or replacement. Cl C Hatfield suggested that they contact Essex Steel. RESOLUTION # 131 - HIRE TEMPORARY SUMMER HELP Cl R Beck offered the following resolution and asked for its adoption: RESOLVED, that the Department of Public Works is hereby authorized to hire two persons as temporary summer help, and the Highway Department is hereby authorized to hire one part-time person for flagging. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug - With respect to Yellow Barn Road and Caswell Road, there's not much going on there. Ferguson Road Bridge you've heard about and George Road Bridge you've heard about. He is disappointed in the progress on George Road. The Town has done its part, but has been held up by the County. SUPERVISOR Ambulance report has been distributed. Page 15 of 18 TB 5 -12 -98 Commented on letter received from Etna Volunteer Fire Department. The Town holds no liability with respect to this and will take no action. 0 A letter has been received from the Dryden Reunion Committee requesting a $100 donation and an insurance certificate. This was discussed by board members who did not feel the Town should be put in a position of insuring this event or donate to it. RESOLUTION #132 - DENY INSURANCE AND DONATION TO DRYDEN REUNION COMMITTEE Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board will not provide a certificate of insurance for nor donate any sum of money to the Dryden Reunion Committee. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug - We have received a proposed Joint Contract for Cable Negotiations. We have spoken with a representative of Time Warner. Do we want to be part of this contract? We don't' need to make a decision today. Cl T Hatfield - Public access is an issue. I would like to see us go on our own and negotiate with Time Warner. Let's get this done. Cl D Grantham - Feels we might be better off to negotiate as a group, but has concerns about the City of Ithaca. Supv Schug - The City will hire the consultant. We would pay our dues to the City and the City would pay the consultant. We won't make a decision on this now. You have information regarding the teleconference to be held June 91 With respect to the Freeville Dryden trail, Atty Perkins will be preparing to obtain some permanent easements. Cl C Hatfield will be working with Buckey VanPelt. Hopefully we can get the easements in place this year so we can start work next year. Marshall Taylor has presented his resume for appointment to the Tompkins County Water Resources Council. Cl D Grantham will contact others who may be interested in this position. Well hold off on this for the time being. With respect to the Youth Services budget, we left some things out and need to increase that amount by transferring funds from unexpended fund balance to youth services. This will keep the Youth Conservation Corps going. We will meet with the Villages of Freeville and Dryden to straighten things out for next year. Page 16 of 18 TB 5 -12 -98 • RESOLUTION # 133 - TRANSFER FUNDS TO YOUTH SERVICES Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize the transfer of an amount not to exceed $7,500 from General A unexpended fund balance to Youth Services (General A 73 10) for 1998 programming. 2nd Cl C Hatfield Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Cl C Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board approve Abstract # 105 as audited, Voucher #450 through Voucher 531, for a total of $187,783.33. 2nd Cl R Beck Roll Call Vote Cl Cl Cl Cl Supv Schug - The Town Creek Road to lower the speed 1 R Beck Yes T Hatfield Yes C Hatfield Yes D Grantham Yes has received a written requested from Charles Geisler of Ellis Hollow unit on that road to 45 mph. It seems to be a reasonable request. RESOLUTION # 135 - REQUEST 45 MPH ON ELLIS HOLLOW CREEK ROAD Cl D Grantham offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby requests that the speed limit on Ellis Hollow Creek Road in said town be lowered to 45 miles per hour, and it is further RESOLVED, that the Town Clerk forward a certified copy of this resolution to the Tompkins County Highway Superintendent. 2nd Cl R Beck Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Supv Schug moved the Board into Executive Session and upon return to Town Board meeting advised that the amount of money necessary to complete the study on the effects of sexually oriented businesses would need to be increased to $5,000.00. Page 17 of 18 TB 5 -12 -98 RESOLUTION # 136 - INCREASE AMOUNT FOR STUDY OF SEXUALLY ORIENTED Cl T Hatfield offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the expenditure of a total sum not to exceed $5,000.00 in connection with conducting of a study on the effects of sexually oriented business. 2nd Cl R Beck Roll Call Vote Cl R Beck Yes Cl T Hatfield Yes Cl C Hatfield Yes Cl D Grantham Yes Upon motion made seconded and unanimously carried, the meeting was adjourned at 11:10 p.m. Respectfully submited, Bambi L. Hollenbeck Town Clerk Page 18 of 18 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) • Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Gnxnt�Y - City Dr den Torenof . ............. X......................................................................... ............................... Local Law No, ........ .......... ............................... of the year 19 98.... A local law ..regulating.. the.. siting of telecommunications towers, antennae and related .................... .. • -- .................I ......I.. (Insert Title) facilities. Beit enacted by the ............ . . .............. 0 ...... ....:.... Town_ Board......................................... .............................of the (Name of Legislative Body) 1fG8ECTgt�i - G of ............. Dr .d...e.n ... ........................................................... ............................... as follows* #ice (If additional space is needed, attach pages the same size as. this sheet, and number each.) - nnC -7%0 Mkv_ 7/0A1 - • Section 1. PURPOSE AND LEGISLATIVE INTENT. THE TELECOMMUNICATIONS ACT OF 1996 AFFIRMED THE TOWN OF DRYDEN'S AUTHORITY CONCERNING THE PLACEMENT, CONSTRUCTION AND MODIFICATION OF TELECOMMUNICATIONS TOWERS. THE TOWN BOARD OF THE TOWN OF DRYDEN FINDS THAT TELECOMMUNICATIONS TOWERS AND RELATED FACILITIES MAY POSE A UNIQUE HAZARD TO THE HEALTH, SAFETY, PUBLIC WELFARE AND ENVIRONMENT OF THE TOWN OF DRYDEN AND ITS INHABITANTS. JN ORDER TO INSURE THAT THE PLACEMENT, CONSTRUCTION OR MODIFICATION OF TELECOMMUNICATIONS TOWERS AND RELATED FACILITIES IS CONSISTENT WITH THE TOWN'S LAND USE POLICIES, THE TOWN IS ADOPTING A SINGLE, COMPREHENSIVE, TELECOMM[NICATIONS TOWER APPLICATION AND PERMIT PROCESS. THE INTENT OF THIS LAW IS TO MINIMIZE THE NEGATIVE IMPACT, OF TELECOMMUNICATIONS TOWERS, ESTABLISH A FAIR AND EFFICIENT PROCESS FOR REVIEW AND APPROVAL OF APPLICATIONS, ASSURE AN INTEGRATED, COMPREHENSIVE REVIEW OF ENVIRONMENTAL IMPACTS OF SUCH FACILITIES, AND PROTECT THE HEALTH, SAFETY AND WELFARE. OF TOWN OF DRYDEN AND ITS INHABITANTS. - THE TOWN ALSO RECOGNIZES • THAT FACILITATING THE DEVELOPMENT OF WIRELESS SERVICE TECHNOLOGY CAN BE AN ECONOMIC DEVELOPMENT ASSET TO THE TOWN AND OF SIGNIFICANT BENEFIT TO THE TOWN AND ITS INHABITANTS. Section 2. Title. This Law may be (mown and cited as the Telecommunications Tower Siting Law for the Town of Dryden (or "TTS "). Section 3. Severability. A) If any word, phrase, sentence, part, Section, Subsection, or other portion of this Law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, Section, Subsection, or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Law, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. B) Any special use permit issued under this law shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon election by the Town Board. Section 4. Definitions. For purposes of this Law, and where not inconsistent with the context of a particular Section, the defined terms, phrases, words, When not inconsistent in the plural include w( is always mandatory, abbreviations, and their derivations shall have the meaning given in this Section. with the context, words in the present tense include the future tense, words used )rds in the singular and words in the singular include the plural. The word "shall" and not merely directory. 1. "Accessory Facility or Structure" means an accessory- facility or structure serving or being used in conjunction with a Telecommunications Tower, and located on the same property or lot as the Telecommunications Tower, including but not limited to, utility or transmission equipment storage sheds or cabinets. 2. "Applicant" means and shall include any individual, partnership, limited liability company, corporation, estate, trust, or other entity or the equivalent of any of the foregoing submitting an Application to the Town of Dryden for a Special Use Permit for a Telecommunications Tower. 3. "Application" means the form approved by the Board, together with all required and other documentation that an Applicant submits in order to receive a Special Use Permit for a Telecommunications Tower. 4. "Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), and microwave Telecommunications. • 51 "Board"means the Town Board of the Town of Dryden, which is the officially designated body of the Town to whom applications for a Special Use Permit for a Telecommunications Tower must be made. The Board is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for Telecommunications Towers. The Board may at its discretion delegate or designate other boards of the Town to accept, review, analyze, evaluate and make recommendations to the. Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for Telecommunications Towers. 6. "Break point" means the location on a Telecommunications Tower which, in the event of a failure of the Telecommunications Tower, would result in the Telecommunications Tower falling or collapsing. 7. "Camouflaged Tower" means any Tower or supporting structure that, due to design, location, or appearance, partially or completely hides, obscures, conceals, or otherwise disguises the presence of the Tower and one or more Antennas or Antenna arrays affixed thereto. 8. "Collapse zone" means the area in which any portion of a Telecommunications Tower could or would fall, collapse or plunge to the ground or into a river or other body of water. The collapse zone shall be no less than the lateral equivalent of the distance from the Break point to the top of the structure plus ten feet, such being not Iess than one -half (1/2) the height of the structure. 9. "Co4ocation" means the use of the same telecommunications tower or structure to carry two or . more antennae for the provision of wireless services by two or more persons or entities. 2 10. "Commercial Impracticability" or "Commercially Impracticable" shall have the meaning in this Law and in Special Use Permits granted hereunder as defined and applied under Uniform Commercial Code §2 -615. 11. "Complete Application" means an Application that contains all information and/or data necessary to enable the Board to evaluate the merits of the Application, and to make an informed decision with respect to the effect and impact of the Telecommunications Tower. on the Town in the context of the permitted land use for the particular location requested. 12. "County" means Tompkins County, New York. 13. "Direct -to home satellite services" or "Direct Broadcast Service" or "DBS" means only Programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, except at the subscribers' premises or in the uplink process to the satellite. 14. "EAF" means the Full Environmental Assessment Form approved by the New York Department of Environmental Conservation (Appendix A to 6 NYCRR §617.20). and includes a visual EAF Addendum (Appendix B). 15. "EPA"means in the case of the State ofNew York, the Department of Environmental Conservation, and in the case of the United States, the Environmental Protection Agency or any successor agency .16. "FAA"means the Federal Aviation Administration, or a duly designated and authorized successor agency.. 17. "FCC" means the Federal Communications Commission, or a duly designated and authorized successor agency. 18. "Free standing Tower" means a Tower that is not supported by guy wires and ground anchors or other means of attached or external support. 19. "Height" means, when referring to a Tower or structure, the distance measured from the pre- existing grade level to the highest point on the Tower or structure, even if said highest point is an Antenna.. 20. "VIER" means Non - Ionizing Electromagnetic Radiation. 21. "Person" means any individual, partnership, limited liability company, corporation, estate; trust, or other entity or the equivalent of any of the foregoing. 22. "Personal Wireless Facility" - See definition for `Telecommunications Tower'. 23. "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning as defined and used in the 1996 Telecommunications Act. 24. "Site" See definition for Telecommunications Tower. 25. "Special Use Permit" means the official document or permit by which an Applicant is allowed to construct and use a Telecommunications Tower as granted, authorized or issued by the Town. 3 26. "State" means the State of New York. 27. "Telecommunications" means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic.or electromagnetic systems. 28. "Telecommunications Tower" or "Tower" or "Site" or "Personal Wireless Facility" means a structure or location designed, or intended to be used, or used to support Antennas. It includes without limit, free standing Towers, guyed Towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a.church steeple, silo, water Tower, orsign or other similar structures intended to mitigate the visual impact of an Antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal Telecommunications services, or microwave Telecommunications, but excluding those used exclusively for fire, police and other dispatch Telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar Telecommunications. 29. "Telecommunications Structure" means a structure used in the provision of services described in the defmition of `Telecommunications Tower'. 30. "Temporary"means in relation to all aspects and components of this Law, something intended to, or that does, exist for fewer than ninety (90) days. 31. "Town" means the Town of Dryden, New York. Section 5. Overall Policy and Desired Goals for Special Use Permits for Telecommunications Towers. In order to ensure that the placement, construction, and modification of Telecommunications Towers conforms to the Town's purpose and intent of this Law, the Board creates a Special Use Permit for a Telecommunications Tower. As such, the Board adopts an overall policy with respect to a Special Use Permit for a Telecommunications Tower for the express purpose of achieving the following goals: 1) implementing an Application process for person(s) seeking a Special Use Permit for a Telecommunications Tower; 2) establishing a policy for examining an application for and issuing a Special Use Permit for a Telecommunications Tower that is both fair and consistent; 3) establishing reasonable time frames for granting or not granting a Special Use Permit for .a Telecommunications Tower, or recertifying or not recertifying, or revoking the Special Use Permit granted under this Law. 4) promoting and .encouraging, wherever possible, the sharing and/or co- location of a Telecommunications Tower among service providers; 5) promoting and encouraging, wherever possible, the placement of a Telecommunications Tower in such a manner as to cause minimal disruption to aesthetic considerations of the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such a Telecommunications Tower. 9 4 0 Section 6. Special Use Permit Application and Other Requirements A) All Applicants for a Special Use Permit for a Telecommunications Tower shall comply with the requirements set forth in this Law. B) 1) An Application for a Special Use Permit for a Telecommunications Tower shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. 2) The landowner, if different than the Applicant, shall also sign the Application. 3) At the discretion of the Board, any false or misleading statement in the Application may subject the Applicant to denial of the Application without further consideration or opportunity for correction. C) Applications not meeting the requirements herein or which are otherwise incomplete, maybe rejected by the Board. D) The Application shall include a statement in writing: 1) that the applicant's proposed Telecommunications Tower will be maintained in a safe manner, in compliance with all conditions of the Special Use Permit, without exception, unless specifically granted relief by the Board in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and United States laws, rules, and regulations; 2) that the construction of the Telecommunications Tower is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the State. E) All applications for the construction or installation of a new Telecommunications Tower shall be accompanied by a report containing the information herein required. The report shall be signed by a licensed professional engineer registered in the State. Where this Section calls for certification, such certification shall be by a qualified New York State licensed Professional Engineer acceptable to the Town, unless otherwise noted. F) No Telecommunications Tower shall be installed or constructed until a site plan required under this law is reviewed and approved by the Board. The site plan Application shall include, in addition to the other requirements for the Special Use Permit, the following additional information: 1) 2) 3) 4) 5) 6) 7) Name and address of person preparing the report; Name and address of the property owner, operator, and Applicant, to include the legal form of the Applicant; Postal address and tax map parcel number of the property; Zoning District or designation in which the property is situated; Size of the property stated both in square feet and lot line dimensions, and a diagram to scale showing the location of all lot lines; Location of nearest residential structure; Location of nearest habitable structure; W 8) Location of all structures on the property which is the subject of the Application; 9) Location, size and height of all proposed and existing antennae and all appurtenant structures; 10) Type, size and location of all proposed and existing landscaping;; 11) The number, type and design of the Telecommunications Tower(s) Antenna(s) proposed and the basis for the calculations of the Telecommunications Tower's capacity to accommodate multiple users; 12) The make, model and manufacturer of the Tower and Antenna(s); 13) A description of the proposed Tower and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre - existing grade, materials, color and lighting; 14) The frequency, modulation and class of service of radio or other transmitting equipment; 15) Transmission and maximum effective radiated power of the Antenna(s); 16) Direction of maximum lobes and associated radiation of the Antenna(s); 17) Applicant's proposed Tower maintenance and inspection procedures and related system of records; 18) Certification that NIER levels at the proposed site are within the threshold levels. adopted by the FCC, (the certifying engineer need not be approved by the Town); 19) Certification that the proposed Antenna(s) will not cause interference with existing telecommunications devices, (the certifying engineer need not be approved by the Town); 20) A copy of the FCC license for the use of the Telecommunications Tower; 21) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed • drainage plan, that the site is adequate to assure the stability of the proposed Telecommunications Tower on the proposed site, (the certifying engineer need not be approved by the Town); 22) Propagation studies of the proposed site and all adjoining proposed or in -service or existing sites. 23) Applicant shall disclose in writing any agreement in existence prior to submission of the Application that would limit or preclude the ability of the Applicant to share any new Telecommunications Tower that it constructs. G) In the case of a new Telecommunications Tower, the Applicant shall be required to submit a report demonstrating its efforts to obtain shared use of existing Telecommunications Tower(s). Copies of written requests and responses for shared use. shall be provided to the Board. H) Certification that the Telecommunications Tower and attachments are both designed and constructed ( "As Built ") to meet all County,. State and United States structural requirements for loads, including wind and ice loads; I) Certification that the Telecommunications Tower is designed with a break point that would result in the Telecommunications Tower falling or collapsing within the boundaries of the property on which the Telecommunications Tower is placed; J) After construction and prior to receiving a Certificate of Compliance, certification that the Telecommunications Tower and related facilities are grounded and bonded so as to protect . persons and property and installed with appropriate surge protectors. :II K) The Applicant shall submit a completed Full EAF and a Visual EAF Addendum. The Board may require submission of a more detailed visual analysis based on the results of the Visual EAF Addendum. Applicants are encouraged to have pre- application conferences with the Town to address the scope of the required visual assessment L) A Visual Impact Assessment which shall at the Board's request include: 1) A " Zone of Visibility Map" which shall be provided in order to determine locations from which the Tower may be seen. 2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors or travelers. If requested by the Applicant, the Town, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a pre - application conference. 3) An assessment of the visual impact of the Tower base, guy wires and accessory buildings from abutting and adjacent properties and streets. M) Any and all representations made to the Board, on the record, during the Application process, whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the Board. N) The Applicant shall, in a manner approved by the Board, effectively screen from view its proposed Telecommunications Tower base and all related facilities and structures. O) All utilities leading to and away from any Telecommunications Tower site shall be installed underground and in compliance with all laws, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The Board may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the Board, such variance or waiver shall not be detrimental to the health, safety, general welfare or environment, including the visual and scenic characteristics of the area. P) All Telecommunications Towers and accessory facilities shall be sited so as to have the least practical adverse visual effect on the environment and its character, and the residences in the area of the Telecommunications Tower site. Q) Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings. R) An access road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation - cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. S) A erson who holds a Special Use Permit for P p a Telecommunications Tower shall construct, operate, maintain, repair, modify or restore the permitted Telecommunications Tower in strict 7 • compliance with all current technical, safety and safety- related codes adopted by the Town, County, State, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use. T) A holder of a Special Use Permit granted under this Law shall obtain, at its own expense, all permits and licenses required by any other applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by.the Town or other governmental entity or agency having jurisdication over the applicant. U) The Board intends to be the lead agency, pursuant to SEQRA. integrated, comprehensive, coordinated environmental review combination with its review of the Application under this Law. V) An Applicant shall submit no fewer than eight (8) copies of the to the Town Board and a copy of the Application to the legit municipality and to the County Planning Department. The Board shall conduct an of the proposed project in entire Complete Application dative body of any adjacent V) The Applicant shall examine the feasibility of designing a proposed Telecommunications Tower to accommodate future demand for at least two (2) additional commercial applications, e.g. future co- locations. The scope of this examination shall be determined by the Board. The Telecommunications Tower shall be structurally designed to accommodate at least two (2) additional Antenna Arrays equal to those of the Applicant, and located as close to the Applicant's Antenna as possible without causing interference. This requirement may be waived, provided that the Applicant, in writing, demonstrates that the provisions of future shared usage of the Telecommunications Tower is not technologically feasible, commercially impracticable or creates an unnecessary and unreasonable burden, based upon: 1) The number of FCC licenses foreseeably available for the area; 2) The kind of Telecommunications Tower site and structure proposed; 3) The number of existing and potential licenses without Telecommunications Tower spaces /sites; 4) Available space on existing and approved Telecommunications Towers; Section 7. Location of Telecommunications Towers. A) 1) Applicants for Telecommunications Towers shall locate, site and erect said Telecommunications Towers or other tall structures in accordance with the following priorities, (a) being the highest priority and (e) being the lowest priority. a) on existing Telecommunications Towers or other tall structures; b) co- location on a site with existing Telecommunications Towers or structures; C) In non - residentially -zoned areas of the Town on Town owned property; d) in other non - residentially zoned areas of the Town ; e) on other property in the Town. E'? . 2) If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person 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 presented is the only site leased or selected. The Application shall address co- location as an option and if such option is not proposed, the applicant must demonstrate 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 above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is in the best interests of the health, safety and welfare of the Town and its inhabitants. B) 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. C) The Applicant shall, in writing, identify and disclose the number and locations of any additional sites that the Applicant has, is, or will be considering, reviewing or planning for Telecommunications Towers in the Town, and in all municipalities adjoining the Town, for a two year.penod next following the date of the Application. 41 D) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may reject an Application for any of the following reasons. 1) conflict with safety and safety- related codes and requirements; 2 conflict with traffic needs or traffic laws, or definite plans for changes in traffic flow or traffic laws; 3) conflict with the historic nature of a neighborhood or historical district; 4) the use or construction would be contrary to an already stated purpose of a specific zoning or land use designation; or 5) the placement and location would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers. 6) conflicts with the provisions of this Law. Section 8. Shared use of Telecommunications Tower(s). A) Shared use of existing Telecommunications Towers shall be preferred by the Town, as opposed. to the proposed construction of new Telecommunications Towers. Where such shared use is unavailable, location of Antennas on other pre - existing structures shall be considered and preferred The Applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four (4) miles of any proposed new tower site, unless the Applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other pre - existing structures as an preferred alternative to new construction. G� B) An Applicant intending to share use of an existing Telecommunications Tower or other tall structure shall be required to document the intent of the existing owner to share use. C) In the event of an Application to share the use of an existing Telecommunications Tower that does not increase the height of the Telecommunications Tower, the Board may waive, such requirements of this Local Law as may be for good cause shown. The Applicant is encouraged to seek a pre- Application conference with the Board to review such a proposed Application and settle the issue of waivers of such provisions which will help to expedite review and the issuance of a permit for such Applications. The purpose of waivers shall be to expedite for the Applicant and the Town the review and issuance of a permit for the shared use of an existing Telecommunications Tower. D) Such shared use shall consist only of the minimum Antenna array technologically required to provide service within the Town, to the extent practicable, unless good cause is shown. Section 9. Height of a Telecommunications Tower A) The Applicant must submit documentation justifying to the Board the total height of any Telecommunications Tower and/or Antenna and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown. B) Telecommunications Towers shall be no higher than the minimum height necessary. Unless waived by the Board upon good cause shown, the presumed maximum height shall be one hundred -forty (140) feet, based on three (3) co- located antenna arrays and ambient tree height of eighty (80) feet. C) The maximum height of any Telecommunications Tower and attached Antennas constructed after the effective date of this Law shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with Town, County, State, and/or any United States law and/or regulation. Section 10. Visibility of a Telecommunications Tower A) Telecommunications Towers shall not be artificially lighted or marked, except as required by law. B) Telecommunications Towers shall be of a galvanized finish, or painted with a rust - preventive paint of an appropriate color to harmonize with the surroundings as approved by the Board, and shall be maintained in accordance with the requirements of this Law. C) In the case of applications to co- locate on existing Telecommunications Towers; if lighting is required, Applicant shall provide a detailed plan for lighting which will be as unobtrusive and inoffensive as is permissible under state and United States regulations, together with an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within fifteen- hundred (1,500) feet of all property lines of the parcel on which the Telecommunications Tower is located. 10 iSection 11. Security of Telecommunications Towers All Telecommunications Towers and Antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access. Specifically: 1) All Antennas, Towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and 2) Transmitters and Telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them. Section 12. Signage Telecommunications Towers shall contain a sign no larger than four (4) square feet to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. No other signage3 including advertising, shall be permitted on any Antennas, Antenna supporting structures or Antenna Towers, unless required by law. Section 13. Lot Size and Setbacks A) All proposed Communications Towers shall be set back from abutting parcels, recorded rights- of -way and road and street lines a distance sufficient to substantially contain on -site all ice-fall • or debris from a Tower or Tower failure, and to preserve the privacy and sanctity of any adjoining properties. B) Telecommunications Towers shall be located with a minimum setback from any property line a distance equal to one half (' /�) the height of the Tower or the existing setback requirement of the zoning district, whichever is greater. Further, any Accessory structure shall be located so as to comply with the minimum setback requirements for the zoning district in which it is situated. Section 14. Retention of Expert Assistance and Reimbursement by Applicant A) The Board may hire any consultant and/or expert necessary to assist the Board in reviewing and evaluating the Application and any requests for recertification. B) An Applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any Application. The initial deposit shall be $7,500.00. These funds shall accompany the filing of an Application and the Town will maintain an account for all such funds. The Town's consultants /experts shall bill or invoice the Town no less frequently than monthly for its services in reviewing the Application and performing its duties. If at any time during the review process this account is depleted, additional funds must be deposited with the Town before any fiuther action or consideration Is taken on the Application. If at the conclusion of the review process the cost of such consultant/expert services is more than the amount deposited pursuant hereto, the Applicant shall pay the difference to the Town prior to the issuance of any Special Use Permit. In the event that the amount held by the Town is more than 11 the amount paid to the Town's consultants and experts, the difference shall be promptly refunded to the Applicant. Section 15. Exceptions from a Special Use Permit for a Telecommunications Tower. A) No person shall be permitted to site, place, build, construct or modify, or prepare any site for the placement or use of, a Telecommunications Tower after the effective date of this Law without having first obtained a Special Use Permit for a Telecommunications Tower. Notwithstanding anything to the contrary in this Section, no Special Use Permit shall be required for those exceptions noted in the definition of Telecommunications Tower. B) New construction, including routine maintenance on an existing Telecommunications Tower; shall comply with the requirements of this Law. C) All Telecommunications Towers existing on or before the effective date of this Law shall be .allowed to continue as they presently exist, provided however, that any modification to existing Towers must comply with this Law. Section 16. Public Hearing Required A) Prior to the approval of any Application for a Special Use Permit for a Telecommunications Tower, a public hearing shall be held by the Town Board, notice of which shall be published in the official newspaper of the Town no less than two weeks prior to the scheduled date of the public hearing. The Applicant, at least three (3) weeks prior to the date of the public hearing, shall provide to the Town the names and address of all landowners whose property is located within fifteen hundred (1500) feet of any property line of the parcel on which the proposed Telecommunications Tower is to be located. The Town Code Enforcement Officer shall mail to all such landowners notice of such public hearing. Such mailing shall be by first class mail at least two (2) weeks prior to such hearing. B) The Board shall schedule the public hearing referred to in Subsection (A) of this Section once if finds the Application is complete. The Board, at any stage prior to issuing a Special Use Permit, may require such additional information as it deems necessary. Section 17. Action on an Application for a Special Use Permit for a Telecommunications Tower. A) The Board will undertake a review of an Application pursuant to this law in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the Application and the circumstances, with due regard for the public's interest and need to be involved, and the Applicant's desire for a timely resolution. B) The Board may refer any Application or part thereof to the Planning Board or any advisory committee for their recommendation. C) Except for necessary building permits, and subsequent Certificates of Compliance, no additional permits or approvals from the Town, e.g. special permit, site plan approval or zoning approvals under the Town of Dryden Zoning Ordinance, shall be required for Telecommunications Towers or facilities covered by this Law. lIPa D) After the public hearing and after formally considering the Application, the Board may approve and issue, or deny a Special Use Permit. It's decision shall be in writing and shall be based on substantial evidence upon a record. The burden of proof for the grant of the permit shall always be upon the Applicant. E) If the Board approves the Special Use Permit for a Telecommunications Tower, then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the Board's action, and the Special Use Permit shall b_e issued within thirty (30) days after such approval. F) If the Board denies the Special Use Permit for a Telecommunications Tower, then the Applicant shall be notified of such denial in writing within ten (10) calendar days of the Board's action. G) The Town's decision on an Application for a Special Use Permit for a Telecommunications Tower shall be supported by substantial evidence contained in the written record. Section 18. Recertification of a Special Use Permit for a Telecommunications Tower, A) At any time between twelve (12) months and six (6) months prior to the first five (5) year anniversary date after the effective date of the permit and all subsequent fifth anniversaries of the original Special Use Permit for a Telecommunications Tower, the holder of a Special Use Permit for such Tower shall submit a written request for recertification. In the written request for recertification, the holder of such Special Use Permit shall note the following: 1) the name of the holder of the Special Use Permit for the Telecommunications Tower. 2) if applicable, the number or title of the Special Use Permit; 3) the date of the original granting of the Special Use Permit; 4) whether the Telecommunications Tower has been moved, re- located, rebuilt, repaired, or otherwise modified since the issuance of the Special Use Permit; 5) if the Telecommunications Tower has been moved, re- located, rebuilt, repaired, or otherwise modified, then whether the Board approved such action, and under what terms and conditions, and whether those terms and conditions were complied with and abided by; 6) any requests for waivers or relief of any kind whatsoever from the requirements of this Law and any requirements for a Special Use Permit; and 7) that the Telecommunications Tower is in compliance with the Special Use Permit and compliance with all applicable codes, laws, rules and regulations. B) If, after such review, the Board determines that the Telecommunications Tower is in compliance with the Special Use Permit and all applicable codes, laws and rules, then the Board shall issue a recertification Special Use Permit for the Telecommunications Tower, which may include new provisions or conditions that are mutually agreed upon, or required by codes, law or regulation. Q If the Board does not complete its review, as required by Subsection (B) above, prior to the anniversary date of the Special Use Permit, then the Applicant shall receive an extension of the Special Use Permit for six (6) months, in order for the Board to complete its review. D) If the holder of a Special Use Permit for a Telecommunications Tower does not submit a request for recertification of such Special Use Permit within the times required by Subsection (A) above, then such Special Use Permit and any authorization thereof shall cease to exist on the 13 date of the fifth anniversary of the original granting of the Special Use Permit, or subsequent fifth anniversaries, unless the holder of the Special Use Permit adequately demonstrates to the Board that extenuating circumstances prevented a timely recertification request. If the Board finds extenuating circumstances, then the holder of the Special Use Permit may submit a late recertification request. f Section 19. Extent and Parameters of Special Use Permit for a Telecommunications Tower. The extent and parameters of a Special Use Permit for a Telecommunications Tower shall be as follows: 1) Special Use Permits shall be non - exclusive; 2) Special Use Permits shall not be assignable or transferable without the express written consent of the Board, such consent shall not be unreasonably withheld; 3) Special Use Permits may be revoked, canceled, or terminated for a violation of the conditions and provisions of the Special Use Permit for a Telecommunications Tower, or for a material violation of this Law. Section 20. Application Fee. A) At the time that a person submits an Application for a Special Use Permit for a new Telecommunications Tower, such person shall pay an application fee of $5,000 to the Town of Dryden. If the Application is for a Special Use Permit for co- locating on an existing Telecommunications Tower, the fee shall be $1,000. B) No Application fee is required in order recertify a Special Use Permit for a Telecommunications Tower, unless there has been a modification of the Telecommunications Tower since the date of the issuance of the existing Special Use Permit. In the case of any such modification, the fees provided in Subsection (A) shall apply. Section 21. Performance Security The Applicant and the owner of record of any proposed Telecommunications Tower property site shall be jointly required to execute and file with the Town a bond, or other form of security, acceptable to the Town as to type of security and the form and manner of execution, in an amount and with such sureties as are deemed sufficient by the Board to assure the faithful performance of the terms and conditions of any Special Use Permit issued pursuant to this Law. The full amount of the bond or security shall remain in full force and effect throughout the term of the Special Use Permit and/or until the removal of the Telecommunications Tower and any necessary site restoration is completed The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the Special Use Permit and shall entitle the Board to revoke the Special Use Permit after prior written notice to the Applicant and holder of the permit. Section 22. Reservation of Authority to Inspect Telecommunications Towers A) In order to verify that the holder of a Special Use Permit for a Telecommunications Tower and any and all lessees, renters, and/or licensees of a Telecommunications Tower place and construct 14 such facilities, including Towers and Antennas, in accordance with all applicable technical, • safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, Towers, Antennas and buildings or other structures constructed or located on the permitted site. B) The Town shall pay for costs associated with such an inspection, except for those circumstances occasioned by said holder's, lessee's or licensee's refusal to provide necessary information, or necessary access to such facilities, including Towers, Antennas, and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town with respect to an inspection, or if violations of this Law are found to exist, in which case the holder, lessee or licensee shall reimburse the Town for the costs of such inspection. C) Payment of such costs shall be made to the Town within thirty (30) days. from the date of the invoice or other demand for reimbursement. In the event that thelfinding(s) of violation is /are appealed in accordance with the procedures set forth in this Law, said reimbursement payment must still be paid to the Town and the reimbursement shall be held in an account established by the Town specifically for this purpose, pending the final decision on appeal Section 23. Annual NIER Certification. The holder of the Special Use Permit shall, annually, certify to the Town that NIER levels at the site are within the threshold, levels adopted by the FCC. (The certifying engineer need not be approved by • the Town.) Section 24. Liability Insurance. A) A holder of a Special Use Permit for a Telecommunications Tower shall secure and at all times maintain insurance coverage for the duration of the Special Use Permit in amounts as set forth below: 1) Commercial General Liability: $1,000,000.00 per occurrence /$2,000,000 aggregate; 2) Automobile Coverage: $1,000,000.00 per occurrence /$2,000,000 aggregate; 3 )Workers Compensation and disability: statutory amounts. B) The Commercial General liability insurance policy shall specifically include the Town and its officials, employees and agents as additional insureds. C) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State. D) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least thirty (30) days written notice in advance of the cancellation of the insurance. E) Renewal or replacement policies or certificates shall be delivered to the Town at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace. • F) Before construction or other work on a site or on a Telecommunications Tower is initiat but in no case later than fifteen (15) days after the issuance of the Special Use Permit, the M1 holder of the. Special Use Permit shall deliver to the Town a copy of each of the policies representing the insurance in the required amounts. Section 25. Indemnification, Any Special Use Permit issued pursuant to this Law shall contain a provision with respect to indemnification. Such provision shall require the holder of the Special Use Permit, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt th e Town, its officers, agents, servants, and employees, from any and all penalties, damage, or charges and including, but not limited to, reasonable attorney's fees and fees of consultants and expert witnesses arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or inequity, which might arise out' of, or are caused by, the construction, erection, modification, location, products performance, operation, maintenance, repair,.installation, replacement, removal, or restoration of a Telecommunications Tower within the Town. Section 26. Penalties. A) A violation of this Law or any provisions, term or condition of a Special Use Permit issued pursuant to this Law is an offense and upon conviction thereof the holder of the Special Use Permit shall pay to the Town a penalty as set forth. in this Section. B) Each day that a violation exists beyond one (1) week following written notification by the Town of such violation shall constitute a separate violation, subject to a separate penalty without the requirement of further notification of violation. iC) For situations where there is an imminent threat to the health or safety of the public, or the employees of any user or occupant of the Telecommunications Tower, there shall be no requirement for written notification by the Town to the holder of the Special Use Permit. In such situations verbal notification, delivered personally or by telephone, shall be deemed sufficient notice. D) Amounts of Penalty 1) For violation of any safety- related requirement, $1,000 per day per occurrence; 2) For failure to maintain the permitted site in a safe condition and as required, $1000 per day per occurrence; 3) For construction or beginning construction, including site preparation without a Special Use Permit or undertaking any change or modification in or to a Telecommunications Tower without a Special Use Permit, $1,000 per day per occurrence; 4) For failure to pay to the Town any moneys owed for any reason, $200 per day per occurrence; 5) For failure to comply with any applicable Town, County, State or United States laws, ordinances, rules, regulations or requirements, $1,000 per day per occurrence. E) 1n addition to any penalty provided for herein the Town may also seek injunctive relief in a court of competent jurisdiction to prevent the continued violation of this Law. M 0. Section 27. Default and /or Revocation. A) If a Telecommunications Tower or Telecommunications structure is repaired, rebuilt, placed, moved, re- located, modified or maintained in a manner not in compliance with the provisions of this Law or the Special Use Permit, then the Board shall notify the holder of the Special Use Permit in writing of such violation. Such notice shall specify the nature of the violation or non- compliance and that the violations must be corrected within seven (7) days of the date of the postmark of the Notice, or the date of personal service of the Notice, whichever is earlier. Notwithstanding anything to the contrary in this Subsection or any other Section of this Law, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Board may, in its sole discretion, order the violation remedied within twenty-four (24) hours. B) If within the period set forth in (A) above the Telecommunications Tower or Telecommunications structure is not.brought into compliance with the provisions of this Law, or the Special Use Permit, or substantial steps are not taken in order to bring the Telecommunications Tower or Telecommunications structure into compliance, then the Board may, after a public hearing upon notice to the holder of the Special Use Permit, revoke such Special Use Permit and shall notify the holder of the Special Use Permit within forty -eight (48) hours of such action. Section 28. Removal of a Telecommunications Tower. • A) Under the following circumstances, the Board may determine that the health, safety, and welfare interests of the Town warrant and require the removal of a Telecommumcations Tower: 1) a Telecommunications Tower with a permit has been abandoned (i.e. not used as a Telecommunications Tower) for. a period exceeding ninety consecutive (90) days or for a total of one hundred -eighty (180) days in any three hundred -sixty five (365) day period, except for-periods caused by force majeur or Acts of God; 2) a permitted Telecommunications Tower falls into such a state of disrepair that it creates a health or safety hazard; 3) a Telecommunications Tower has been located, constructed, or modified without first obtaining the required Special Use Permit, or any other necessary authorization; B) If the Board makes a determination as noted in Subsection (A) above, then the Board shall notify, in writing within forty-eight (48) hours of such determination, the holder of the Special Use Permit that said Telecommunications Tower is to be removed. The Board may approve -a Temporary Use Agreement/Permit, to enable the sale of the Telecommunications Tower. Q The holder of the Special use Permit, or its successors or assigns, shall dismantle and remove such Telecommunications Tower, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the Board. However, if the owner of the property upon which the • Telecommunications Tower is located wishes to retain any access roadway to the Telecommunications Tower site, the owner may do so with the approval of the Board. 17 D) If a Telecommunications Tower is not removed or substantial progress has not been made to remove the Telecommunications Tower within ninety (90) days after the permit holder has received notice, then the Board may order officials, representatives or contractors of the Town to remove the Telecommunications Tower at the sole expense of the landowner and permit holder. I - E) If the Town removes, or causes to be removed, a Telecommunications Tower; and the owner of the Telecommunications Tower does not claim the property and remove it from the site to a lawful location within ten (10) days, then the Town may take steps to declare the Telecommunications Tower abandoned, and sell it and its components. F) Notwithstanding anything in this Section to the contrary, the Board may approve a Temporary Use Agreement/Permit for the Telecommunications Tower, for no more ninety (90) days, during which time a suitable plan for removal, conversion, or relocation of the Telecommunications Tower shall be developed by the holder of the permit, subject to the approval of the Board, and an agreement to such plan shall be executed by the holder of the�permit and the Town. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the Town may take possession of and dispose of the Telecommunications Tower in the manner provided in this Section. Section 29. Relief Any Applicant desiring relief or exemption from any aspect or requirement of this Law may request such from the Board at a pre - Application conference, provided that the specific request for the relief or exemption is contained in the original Application for a Special Use Permit, or in the case of an existing or previously granted Special Use Permit in- a request for modification of a Telecommunications Tower and/or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Board. However, the burden of proving the need for the requested relief or exemption is solely on the Applicant to prove to the satisfaction of the Board. The Applicant shall bear all costs of the Board or the Town in considering the request and the relief shall not be transferable to a new or different holder of the permit or owner of the Tower or facilities without the specific written permission of the Board, and such permission shall not be unreasonably withheld. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant affect on the health, safety and welfare of the Town, its residents and other service providers. Section 30. Adherence to Other Rules and Regulations. The holder of a Special Use Permit for a Telecommunications Tower shall adhere to, and comply with all applicable rules, regulations, standards, and provisions of New York State or United States agencies, including but not limited to the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards. Section 31. Conflict with Other Laws Where this Law differs or conflicts with other laws, rules an d regulations, unless the right to do so • is preempted or prohibited by the County, State or United States government, the more restrictive or protective of the Town and the public shall apply. 1116? l � . Section 32. Effective Date. This Law shall be effective immediately upon filing the same with the New York Secretary of State. Section 33. Authority. This Local Law is enacted pursuant to the Municipal Home Rule Law. This Local Law shall supersede the provisions of Town law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. IV INDEX PAGE SECTION 1. PURPOSE AND LEGISLATIVE INTENT :....... ............................... 1 SECTION 2. TITLE............. ................ ............................... 0000... 1 SECTION 3. SEVERABILITY . ........................... ............................... 1 SECTION 4. DEFINITIONS. .............:..............:: ..............:................ 2 SECTION 5. OVERALL POLICY AND DESIRED GOALS FOR SPECIAL USE PERMITS FOR TELECOMMUNICATIONS TOWERS. ........ ............................... 4 SECTION 6. SPECIAL USE PERMIT APPLICATION AND OTHER REQUIREMENTS 0.0 0 0 ... 5 SECTION 7. LOCATION OF TELECOMMUNICATIONS TOWERS. 8 SECTION 8. SHARED USE OF TELECOMMUNICATIONS TOWER(S)................... *..... 9 SECTION 9. HEIGHT OF A TELECOMMUNICATIONS TOWER .......................... 10 SECTION 10. VISIBILITY OF A TELECOMMUNICATIONS TOWER 10 SECTION 11. SECURITY OF TELECOMMUNICATIONS TOWERS ........................ 11 SECTION 12.SIGNAGE ................................. ............................... 11 SECTION 13. LOT SIZE AND SETBACKS ................. ............................... 11 SECTION 14. RETENTION OF EXPERT ASSISTANCE AND REIMBURSEMENT BY APPLICANT SECTION 15. EXCEPTIONS FROM A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER.................................. ............................... 12 SECTION 16. PUBLIC HEARING REQUIRED ............. ............................... 12 SECTION 17. ACTION ON AN APPLICATION FOR A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER. .......... ' ..............:............. 12 SECTION 18. RECERTIFICATION OF A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER. ....... ............................... 13 SECTION 19, EXTENT AND PARAMETERS OF SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ....... ............................... 14 SECTION 20. APPLICATION FEE. 14 SECTION 21. PERFORMANCE SECURITY ............... ............................... 14 SECTION 22. RESERVATION OF AUTHORITY TO INSPECT TELECOMMUNICATIONS TOWERS .... ............................... 14 OFF SECTION 23. ANNUAL NIER CERTIFICATION, 15 SECTION 24. LIABILITY INSURANCE. .................. ............................... 15 SECTION 25. INDEMNIFICATION ........................ ............................... 16 SECTION 26.PENALTIES ..............................4 000.....................6...... 16 SECTION 27. DEFAULT AND /OR REVOCATION...... ............................. 17 SECTION 28. REMOVAL OF A TELECOMMUNICATIONS TOWER ..:..................... 17 SECTION 29. RELIEF ................................... ............................... 18 SECTION 30. ADHERENCE TO OTHER RULES AND REGULATIONS. 18 SECTION 31, CONFLICT W I T H OTHER LAWS 0 0 0 0 0 0 0 0 0 4 0 0 0 0 . . . . . . . . . . . . . 18 SECTION 32. EFFECTIVE DATE. 19 SECTION 33. AUTHORPTY .............................. ............................... 19 21 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) •Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Gam' of Town r den . .... ........................._............................................. ......... D.X ............. .................. Local Law No. ................. .. .............................:. of the year 19 ........ A local law repealing Local Law No. 4 of the xear.._ 1997. and._Local..Law__ o., .... 1._of.,the.year 1998. (Insert Title) Be it enacted by the ................ Town Board „.,..,,,,,,,of the .... ............................... ...................... ............................... (Name of Legislative Body) �8ti1TtQ'rC of Dryden as follows: Town .. . ............................................ ............................... SECTION 1. Local Law No. 4 of the year 1997 establishing a moratorium on the siting of telecommunications towers and Local Law No. 1 of the year 1998 extending such moratorium on.the siting of telecommunications towers are both hereby repealed. SECTION 2. This local law shall be effective immediately upon filing the same with the.New York Secretary of State... (If additional space is needed, attach .pages :the same size as. this sheet, and number each.) Vii) nnc -770 fgn 7 /0m 0 MEETING ATTENDANCE SIGN -IN Town Board Meeting Name FA swx A wim May 12,1998 IRW U'J S,-. q) G�tj L =sf4r r �D �Y5+a -t�� �rY der VeA 926UP 1, i uer2pokDJ