HomeMy WebLinkAboutLL 1998 #3 Extend Telecomm Moratorium »b(✓ s\,l�l.ir n
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STATE OF NEW YORK 1'1!\' — 2 ;: A
DEPARTMENT OF STATE , '
ALBANY, NY 12231-0001 '`-- _Ji.-i',
ALEXANDER F. TREADWELL f
SECRETARY OF STATE
October 29, 1998
JOHN C. BARNEY
BARNEY, GROSSMAN, DUBOW & MARCUS
119 E. SENECA BLDG W
ITHACA, NY 14850
RE: Town of Danby, Local Law 3, 1998, filed 10/22/98
The above referenced material was received and filed by this office as indicated. Additional local
law filing forms will be forwarded upon request.
Sincerely,
(4a4A . Ecuudis_.
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
0 printed on recycled paper
BARNEY, GROSSMAN, DUBOW & MARCUS
ATTORNEYS AT LAW
JOHN C. BARNEY SENECA BUILDING WEST
PETER G. GROSSMAN SUITE 400
DAVID A. DUBOW
RANDALL B. MARCUS
119 EAST SENECA STREET
WILLIAM J.TROY III ITHACA, NEW YORK 14850 FACSIMILE
(607)
KRISTIN E. HAZLITT• (607) 273-6841 (NOT FOR R SERVICE 06
S OF PAPERS)
•ALSO ADMITTED IN MARYLAND
&WASHINGTON, D.C.
October 19, 1998
Secretary of State of New York
Department of State
Bureau of State Records
162 Washington Avenue
Albany, New York 12231-0001
Re: Town of Danby - Local Laws Nos. 3 and 4 of the Year 1998
Dear Sirs and Ladies:
Enclosed for filing in your office are original copies of Town of Danby Local Law No.
3 of 1998 and No. 4 of 1998.
Please forward the receipt for filing to the undersigned at your earliest convenience.
Thank you for your attention to this matter.
Very ruly yours,
) r: ,( 2
( ',L,( / _,),-', ,to,ti/
JCB:sls
Enclosures
xc: Honorable Carol W. Sczepanski
I
/i 1
HARRIS BEACH , ITHACA ID :273-6444 OCT 15 ' 98 14 : 24 No .005 P .02
TOWN OF DANBY
NOTICE OF ADOPTION OF LOCAL LAW EXTENDING FOR AN ADDITIONAL
ONE HUNDRED EIGHTY (180) DAYS A MORATORIUM
FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS
NOTICE IS HEREBY CIVEN, that at a regular meeting held on the 12th day of
October, 1998, the Town Board of the Town of Danby duly adopted a local law, an abstract of
which follows:
ABSTRACT OF LOCAL LAW
Said local law:
(a) Made a number of findings including findings that the Town is progressing in its
study of the need for legislation and the appropriate terms of any legislation regulating
telecommunications towers, and findings regarding the desirability of continuing a moratorium
on the construction of same in the Town of Danby pending the completion of such a study and
drafting of appropriate legislation;
(b) Amended Town of Danby Local Law No. 2 of the Year 1998 to extend for an
additional 180 days the moratorium on construction of telecommunications facilities within the
Town of Danby;
(c) Included certain other provisions regarding administration of the moratorium.
A. complete copy of the Local Law is available for reading and inspection at the Town
Clerk's office, 1830 Danby Road, Ithaca, New York 14850, Monday through Friday, between
the hours of 8:00 a,m, and 4:00 p.m.
Carol W. Sczepanski
Town Clerk
October 15, 1998
.Local Law Filing 1 / NEW YORK STATE DEPARTMENT OF STATE
.! " " • — • `J 162 WASHINGTON AVENUE; ALBANY
WY t<zst
(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.
•
of DANBY
Toxu •
Local Law No. •3 or the year 19 98 • •
A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180)
A local law .....pA.XS..A,..M,QRATQRI,U& EQ.R...THE CONSTRUCTION OF TELECOMMUNICATIONS
TOWERS(Innect Title)
•
Re it enacted by the TOIdl111...130.ARCL •
(Nam:of Legi.iative Body) Of the
06X •
•
O(t XX of DANBY • •
Town as follows:
\XitigX Be it enacted by the Town Board of the Town of Danby as follows: .
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
1. The Town of Danby adopted Local Law No. 2 of the Year 1998 providing for a
moratorium of.one hundred eighty (180) days on the construction in the Town of Danby of
telecommunications towers as defined in such local law.
2. . Since April 13, 1998, the date the Town Board voted to adopt such local law, the
Town has investigated the types of regulations it might wish to have in the Town, has explored the
possibility of hiring a consultant for assistance in drafting such legislation, has continued to work
with the only known applicant who is presently interested in installing a new telecommunications
antenna in the Town by co-locating such antenna on an existing telecommunications tower, and in
general has made progress towards identifying the need for regulations and the possible manner of
proceeding on enacting same.
3. It is anticipated draft legislation may be prepared within the next several months•and
upon completion of such draft, the matter will be submitted for review to the Town Board. Upon
completion of the review by the Town Board the proposed legislation will be referred to the Planning
Board as required by New York State law for review and recommendation to the Town Board. Upon
completion of the Planning Board's review it is anticipated that the legislation will be referred to the
Town Board for final action. .
4. It is anticipated that this process of drafting legislation, review by the various Town
bodies and final action can be completed within one hundred eighty (180) days of the expiration of
the original one hundred eiglity(180) day moratorium. .
5. The purposes of any new legislation would be significantly subverted if a new
. telecommunications facilities were to be constructed before appropriate legislation could be carefully •
studied and, if found desirable, enacted. .
•
(If additional space is needed, attach pages the saace size.as this sheet, and number each.)
(l)
nnc-,io rn,.., 7/7n1
copy
Local Law No. 3 of 1998
6. Accordingly, in order to maintain the status quo relative to such telecommunications
facilities during the limited additional time the Town needs to review and adopt any appropriate
legislation,it is necessary to extend the previously adopted one hundred eighty(180)day moratorium
for an additional period of one hundred eighty (180) days.
Section 2. Amendment of Local Law No. 2 of the Year 1998. The Local Law No. 2 of
the Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law
by deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and "one hundred eighty day"and inserting in place of such phrases the phrases "360
days", three hundred sixty days" and "three hundred sixty day".
Section 3. Applicability. This local law shall apply to all areas of the Town of Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which
shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
•
(Complete the certification in the paragraph that applies to the filing of this local law and
. strilcc out that which Is not applicable.)
•
•
•
•
1.. (Final adoption by local legislative body uuly,) • ' . • .
•
I hereby certify that the local law annexed hereto, designated as local law No: 3
of the (County)(City)(Town)(Village) of DAN BY of 19 98. was duly TOWN BOARD on OCTOBER 7 19 98, in accordance with the applicable pro passed f the
/tlatne of Legi,lative Body) provisions of law,
2. (Passage by Iocal 1- : slativc body with app •val, no dlsapproval or • assage after.disap: oral
by the Flnrttve ! lief E ecutive Officer'. .
I hereby certify tat the local law anne ,d hereto, designated , local law No. 19 •
of the (Coon ' (City)(Town)(Village of V was dui
ypa edbythe
• 19 , and was (approved)(n. disapproved)(re assed after
'erne of reps attve ktody --
disep.roval) by the and was deemed dui adopted on 19 •
.etc a to •Executive O(leer'1/ _,
in accordance with the .:pplicable provisions • law.
•
3. (Final adop on by referendum ) •
' I hereby cer tfythat the local w annexed here ., designated as local .w'No, of 19_
of the (Co nty)(City)(Town ;lingo) of was duly passed y the
on 19`, and •s (approved)(not •isapproved)(repas d after •
((Name Le¢lalative 1;3ody) -
disap royal) by the on 19 Such local 1 was
.leetly• C i. Itx•e ive •(ficcr
. su mitted to the . ople by reaso .f a (mandatory)(pe issive) rcferend 1, and received t affirmative
V to of a majori• of the quatif' •d electors voting th, con at the (gene -1)(speciai)(annual election held on
.19 , in acc•rdance with the a., cable provisions .f. law, .
•
4. (Subject to pe. Issivc referendum and nal adoption becau - 110 valid petitl.n was filed requesting
rcfcrndum.,
I hereby cer tfy that the local law an exed horeto, design. cd as Iocal law 1 "v. of 19
of the (C. nty)(City)(Town)(Villa. of V was dul passed by the
'•n 1 , and was (ap uved)(no; disapprovV . (repassed a er
t erne • eghlative to•y
disri..roval) by the on ' 19 Suci oval law wa subject to•
Elects Chief Executive Officer'v
p;rmissive referendum d no valid petition cquesting such refe ndum was filed a Of' 19
accordance•with th, applicable provisio• of law. —'
•
•
'Elective Chief Exceutlye Officer tit euii ur includes the chief executive officer of A county elected en a
county-wide basis or, If there be-none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where auclt officer is vested with the power to approve or veto local
laws or ordinances. , ••
..
(z) •
. • (City local law concerning Charter revision proposed by �\ '•
P P y petition,) (,(` /)�h trcby certify that the local law annexed hereto, designated a., local law No.of the City of having been submitted to referendum
pursuant to
the provisions of section (36)(37) •f the ?.4unicipnl 1-iomc Rule Law, and ltaviul; re • ived the affirnlat' •e vote
of a majority of the Qualified .. ectors of such city voting thereon at the (specia' general) election Id on
19_, bcc: c operative.
6. (County local . w cuucerui►tg adoption of hartcr.) • •
•
I hereby certi ' that the Iocal law annexe• ercto, designated • local law No. . . of 19
of the Cou of , State of New York having be: submitted to
the electo at the General Election o ovemher 19 , pursuant • subdivisi,ns 5 and 7 of
section . of the Municipal home : le Law, and havi : received the affirmativ vote of a ,ajority of the
Quail 'ed electors of the cities of id county as a un' and of a majority of the •ualified elcctots of the towns
of s id county considered as a it voting at said : neral election, became ope ative:
(If any other authorized to, of final adoption has beeri'followed, please •rovide an appropritate certification.) .
•
•
X further certify that X have compared the preceding local law with the original on file in this office.and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
•
Ole►k o t �• vunty egia act dy,lacy,Town or Wine Clerk
or officer design ed y local legilsative Lody
•
(Seal) Date: . October 15, 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or
other authorized Attorney of Iocality.)
STATE OF NEW YOrti{
•
COUNTY OF
•
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had of taken fur the enactment of the local law annexed hereto.
•
Signature
•
•
Title
County •
City
Town of
•
Village
Date: •
(3)
•
Law Filing NEU YORK STATE DEPARTMENT Of STATE
•
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.
•
31011W .
•
C14l* of DANBY
Torre •
Y4DC c •
Loc3I Law No. 3 or the year 19 98 •
A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180)
A local law DAYS..A...M.OR AT.QRI.UM..FOR...THE..CQNSTRUCTION OF TELECOMMUNICATIONS
TOWERS(In3ert Title)
•
•
Rc it enacted by tho TO.WN...RQ.AR.D. of the
(Nsmc of Legiilstive Body)
061(r)t j<
OCc XX of DANBY
•
Town as follows:
1 Be it enacted by the Town Board of the Town of Danby as follows: . .
•
Section 1. Findings and Purpose. The Town.Board of the Town of Danby finds:•
1. The Town of Danby adopted Local Law No. 2 of the Year 1998 providing for a
moratorium of one hundred eighty (180) days on the construction in the Town of Danby of
telecommunications towers as defined in such local law.
•
2. . Since April 13, 1998, the date the Town Board voted to adopt such local law, the
Town has investigated the types of regulations it might wish to have in the Town, has explored the •
possibility of hiring a consultant for assistance in drafting such legislation, has continued to work
with the only known applicant who is presently interested in installing a new telecommunications
antenna in the Town by co-locating such antenna on an existing telecommunications tower, and in
general has made progress towards identifying the need for regulations and the possible manner of
proceeding on enacting same.
•
3. It is anticipated draft legislation may be prepared within the next several months.and
upon completion of such draft, the matter will be submitted for review to the Town Board. Upon
completion of the review by the Town Board the proposed legislation will be referred to the Planning
Board as required by New York State law for review and recommendation to the Town Board. Upon
completion of the Planning Board's review it is anticipated that the legislation will be referred.to the
Town Board for final action.
4. It is anticipated that this process of drafting legislation, review by the various Town
bodies and final action can be completed within one hundred eighty (180) days of the expiration of
the original one hundred eighty(180) day moratorium. .
5. The purposes of any new legislation would be significantly subverted if a new
telecommunications facilities were to be constructed before appropriate legislation could be carefully •
studied and, if found desirable, enacted. .
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
nnc.111 (n...,. 7/9n) •
•
•
Local Law No. 3 of 1998
6. Accordingly, in order to maintain the status quo relative to such telecommunications
facilities during the limited additional time the Town needs to review and adopt any appropriate
legislation,it is necessary to extend the previously adopted one hundred eighty(180)day moratorium
for an additional period of one hundred eighty (180) days.
Section 2. Amendment of Local Law No. 2 of the Year 1998. The Local Law No. 2 of
the Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law
by deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and "one hundred eighty day"and inserting in place of such phrases the phrases "360
days", three hundred sixty days" and "three hundred sixty day".
Section 3. Applicability. This local law shall apply to all areas of the Town of Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which
shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
F7 ;
. ,
(Complete the certification in the paragraph that appIles to the filing of this Iocal law and
5tri]ce out that which is not applicable.)
•
1. (Final adoption by local legislative body ouly.) •
I hereby certify that the local law annexed hereto, designated as local law No.' 3
of the (County)(City)(Town)(Village) of DAN BY "f 19 98 was TOWN BOARD on OCTOBER 7 19 98, in accordance with the applicable duly passed by the
�1latne of Legislative Body) ---- provisions uf law.
•
2. (Passage by Iocal 1. : slativc body with app .val, no disapproval or • assage after.dlsap: oral
by the F.Inr.tive ! lief Executive Officer'. .
•
I hereby certify tat the local law anne -d hereto, designated , local law No.
of the (Colin • (City)(Town)(Village of 19
was duly pa ed by the
• 19 , and was (approvt'ci)(n. disapprOved)(re 4ssed after
'lime of reps attve body --' —
disap.roval) by the and was deemed dui adopted on
t;ect . to Exeeutive"O(leer'■
19^_, •
in accordance with the :pplicable provisions • law.
•
3. (Final adop on by referendum )
• I hereby cer ify--that the local w annexed here ., designated as local .w•No,
of the (Co nty)(City)(Town illagc) of of 14_
on 19 was duly passed y the
(Name Legislative Body) -
and .s (approved)(not dsapproved)(repas d after •
disap royal) by the on 19
ieetiv• C .. h.X•e iva •lricer Such local l WAS
. su mitted to the • ople by reaso of a (mandatory)(pe issive) rcferend t, and received t affirmative
v to of a majori• of the qualif' •d electors voting tit:rcon at the (gene •1)(special)(annual election held on
.19 , in acc•rdance with the a.. cable provisions .f l a w. .
4. (Subject to pe- Issive referendum and nal adoption Lecau • no valid petlti-.n was filed requesting
refcrndum,,
I hereby cer tfy that the local law an e.ed hereto, design• cd as local law 1 'u.
of the (C. nty)(City)(Town)(Villa: of of 19
was dui passed by the
''n
ame • eglflative Io•y l , and was (�,N uved)(no: disapprov- (repassed a er
disM.•royal) by the on 19 Sucl ocal law wa subject to
Elects Chief Executive Officer*"
p:rmissive referendum d no valid petition equesting such rife'-ndum was filed a of 19
accordance•with the applicable provisio• of law, —
•
•
'Elective Chief Executive Officer uiearts ur includes the chief executive officer of It county elected on a
county-tilde basis or, If there be-none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local
laws or ordinances. ,
•
..
(2) .
•
.. (City local law concerning Charter revision proposed by petition.)
T hereby certify that the local law annexed hereto, designated es local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) .f the Municipal Home Rule Law, and Iraviuu re • ived the affirmat• •e vote
of a majority of the qualified ectors of such city voting thereon at the (specia' general) election Id on
19 , bcc: a operative.
6. (County local • w couceruiug Adoption of hartcr.) •
I hereby certi that the Iocal law annexe• ereto, designated local law No. of 19
of the Cou of , State of New York having be: submitted to
the electo at the General Election o ovemher 19 , pursuant • subdivisi•ns 5 and 7 of
section of the•Municipal Iionie : le Law, and havi : received the affirmativ vote of a •a jority of the
ouali *ed electors of the cities of - id county as a un' and of a majority of the •uali£ied electors of the towns
of s td county considered as a it voting at said ; neral election, became ope ative:
•
(If any other authorized f.o, of final adoption has been'followed, please •rovide an appropritate certification.) .
•
•
I further certify that X have compared the preceding local low with the original on file in this office'and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
aletk o t ,a ourtty legie act dy,l:rty Town or YTTage Clcrk
or officer design ed y local lesilestive body
(Seal) Date: October 15, 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or
other authorized Attorney of locality.)
•
STATE OF NEW YORK
COUNTY OF `e r ry •
•
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken fur the enactment of the local law annexed hereto.
•
31gna re ✓
•
Ale/a" •fV
a `
'€"elan'f y
Town Of 1)anby
V g-e
•
Date: /9, /v9 s
(3)
r
Town Board Minutes
1 Special Meeting
October 7, 1998
RESOLUTION NO. 53 of 1998 - ADOPTED
RESOLUTION ADOPTING THE LOCAL LAW EXTENDING FOR AN ADDITIONAL
ONE HUNDRED EIGHTY (180) DAYS A MORATORIUM FOR THE CONSTRUCTION
OF TELECOMMUNICATIONS TOWERS
By: Councilperson Gagnon: Seconded by Councilperson Steiner
WHEREAS, a resolution was duly adopted by the Town board of the Town of Danby for a
public hearing to be held by said Town on October 7, 1998 to hear all interested parties on a
proposed local law entitled"A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE
HUNDRED EIGHTY(180) DAYS A MORATORIUM FOR THE CONSTRUCTION OF
TELECOMMUNICATIONS TOWERS:, and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the
Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of
or in opposition to said proposed local law, or any part thereof; and
WHEREAS,pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State
Environmental Quality Review Act) it has been determined by the Town Board that adoption of
said proposed local law is a Type II action and therefore not subject to environmental review
under SEQR;
NOW, THEREFORE, be it
RESOLVED,that the Town Board of the Town of Danby hereby adopts said local law entitled
"A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY (180)
DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS
TOWERS", a copy of which is attached hereto and made part of this resolution; and it is further
RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca
Journal as soon as practicable after its adoption; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with
the Secretary of State as required by law.
TOWN OF DANBY
LOCAL LAW NO. 3 OF THE YEAR 1998
A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY
(180) DAYS A MORATORIUM FOR THE CONSTRUCTION OF
TELECOMMUNICATIONS TOWERS
Be it enacted by the Town Board of the Town of Danby as follows:
Town Board Minutes
Special Meeting
2 October 7, 1998
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
1. The Town of Danby adopted Local Law No. 2 of the Year 1998 providing for a
moratorium of one hundred eighty (180) days on the construction in the Town of Danby of
telecommunications towers as defined in such local law.
2. Since April 13, 1998, the date the Town Board voted to adopt such local law, the
Town has investigated the types of regulations it might wish to have in the Town, has explored
the possibility of hiring a consultant for assistance in drafting such legislation, has continued to
work with the only known applicant who is presently interested in installing a new
telecommunications antenna in the Town by co-locating such antenna on an existing
telecommunications tower, and in general has made progress towards identifying the need for
regulations and the possible manner of proceeding on enacting same.
3. It is anticipated draft legislation may be prepared within the next several months
and upon completion of such draft, the matter will be submitted for review to the Town Board.
Upon completion of the review by the Town Board the proposed legislation will be referred to
the Planning Board as required by New York State law for review and recommendation to the
Town Board. Upon completion of the Planning Board's review it is anticipated that the
legislation will be referred to the Town Board for final action.
4. It is anticipated that this process of drafting legislation, review by the various
Town bodies and final action can be completed within one hundred eighty (180) days of the
expiration of the original one hundred eighty(180) day moratorium.
5. The purposes of any new legislation would be significantly subverted if a new
telecommunications facilities were to be constructed before appropriate legislation could be
carefully studied and, if found desirable, enacted.
6. Accordingly, in order to maintain the status quo relative to such
telecommunications facilities during the limited additional time the Town needs to review and
adopt any appropriate legislation, it is necessary to extend the previously adopted one hundred
eighty (180) day moratorium for an additional period of one hundred eighty (180) days.
Section 2. Amendment of Local Law No. 2 of the Year 1998. The Local Law No. 2
of the Year 1998 is amended to effect such extension of the moratorium set forth in such Local
Law by deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one
hundred eighty days, and one hundred eighty day" and inserting in place of such phrases the
phrases "360 days", three hundred sixty days" and "three hundred sixty day".
Section 3. Applicability. This local law shall apply to all areas of the Town of
Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law
which shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law
or an abstract or summary of same in the Ithaca Journal.
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS:
TOWN OF DANBY )
I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins,
State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted
by the Town Board of said Town of Danby at a Special meeting held on the 7th day of October , 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 16th day of
October , 1998.
dt#,W-j , .cam
Carol W. Scze ki, Town Clerk
- pr
TOWN OF DANBY
LOCAL LAW NO. 3 OF THE YEAR 1998
A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY
(180) DAYS A MORATORIUM FOR THE CONSTRUCTION OF
TELECOMMUNICATIONS TOWERS
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Danby finds:
1. The Town of Danby adopted Local Law No. 2 of the Year 1998 providing for a
moratorium of one hundred eighty (180) days on the construction in the Town of Danby of
telecommunications towers as defined in such local law.
2. Since April 13, 1998, the date the Town Board voted to adopt such local law, the
Town has investigated the types of regulations it might wish to have in the Town, has explored the
possibility of hiring a consultant for assistance in drafting such legislation, has continued to work
with the only known applicant who is presently interested in installing a new telecommunications
antenna in the Town by co-locating such antenna on an existing telecommunications tower, and in
general has made progress towards identifying the need for regulations and the possible manner of
proceeding on enacting same.
3. It is anticipated draft legislation may be prepared within the next several months and
upon completion of such draft, the matter will be submitted for review to the Town Board. Upon
completion of the review by the Town Board the proposed legislation will be referred to the Planning
Board as required by New York State law for review and recommendation to the Town Board. Upon
completion of the Planning Board's review it is anticipated that the legislation will be referred to the
Town Board for final action.
4. It is anticipated that this process of drafting legislation, review by the various Town
bodies and final action can be completed within one hundred eighty (180) days of the expiration of
the original one hundred eighty(180) day moratorium.
5. The purposes of any new legislation would be significantly subverted if a new
telecommunications facilities were to be constructed before appropriate legislation could be carefully
studied and, if found desirable, enacted.
6. Accordingly, in order to maintain the status quo relative to such telecommunications
facilities during the limited additional time the Town needs to review and adopt any appropriate
legislation,it is necessary to extend the previously adopted one hundred eighty(180)day moratorium
for an additional period of one hundred eighty (180) days.
Local Law No. 3 of 1998
2
Section 2. Amendment of Local Law No. 2 of the Year 1998. The Local Law No. 2 of
the Year 1998 is amended to effect such extension of the moratorium set forth in such Local Law
by deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred
eighty days", and "one hundred eighty day"and inserting in place of such phrases the phrases "360
days", three hundred sixty days" and "three hundred sixty day".
Section 3. Applicability. This local law shall apply to all areas of the Town of Danby.
Section 4. Partial Invalidity. If any provision of this law is found invalid by any court
of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which
shall remain in full force and effect.
Section 5. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
.
TOWER/STRUCTURE REMOVAL BOND
Bond Number: 6381589
Replaces Bond Number: 1-31-58-93
KNOW ALL MEN BY THESE PRESENTS, THAT Independent Wireless One Leased Realty
Corporation and Independent Wireless One Corporation, c/o Sprint Contracts & Performance, Site ID#
AL43XC740A, MS: KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, KS 66251, as Principal, and
SAFECO Insurance Company of America, a corporation duly organized under the laws of the State of
Washington, as Surety, are held and firmly bound unto Town of Danby, 1830 Danby Road, Ithaca, NY 14850,
as Obligee, in the sum of Twenty Five Thousand And 00/100 Dollars ($25,000.00) lawful money of the United
States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the Surety
being limited to the penal sum of this bond regardless of the number of years the bond is in effect.
WHEREAS the Principal has entered into a written agreement with the property owner for the
placement of a tower or structure furnishing telephone, television or other electronic media service, which
agreement sets forth the terms and conditions which govern the use of such towers or structures and which
agreement is hereby specifically referred to and made part hereof, and
WHEREAS, the Town of Danby, NY requires the submission of a bond guaranteeing the
maintenance, replacement, removal or relocation of said tower or structure located at 292 Durfe Hill Road,
Danby, NY -Site ID#AL43XC740A.
NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall
perform in accordance with the aforesaid ordinance and/or agreement, and indemnify the Obligee against all loss
caused by Principal's breech of any ordinance or agreement relating to maintenance, replacement, removal or
relocations of a tower or structure, then this obligation shall be void, otherwise to remain in full force and effect
unless cancelled as set forth below.
THIS BOND may be cancelled by Surety by giving thirty (30) days written notice to the Obligee by
registered mail. Such cancellation shall not affect any liability the Surety may have or incurred under this bond
prior to the effective date of the termination. Provided that no action, suit or proceeding shall be maintained
against the Surety on this bond unless action is brought within twelve (12) months of the cancellation date of this
bond.
THIS BOND signed, sealed, dated on the 27th day of October, 2005. This bond is effective the 20th
day of October, 2005.
Independent Wireless One Leased Realty Corporation
d Independent Wireless One Corporation
Principal
L—? RD J. BURNHEIMER
1 , a �, DIRECTOR, RISK MANAGEMENT
(, ` SAFECO Insurance Company of America
J,1410 /V) Surety
`� ,,9g _c/ By: times ,
i Kristy M Barber, ttorney-In-Fact
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance
Company of America, General Insurance Company of Americas, First National Insurance
Company, American States Insurance Company or American Economy Insurance Company), it is
our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance".
This means that under certain circumstances, we may be eligible for reimbursement of certain
surety bond losses by the United States government under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of
terrorism that exceed a statutorily established deductible to be paid by the insurance company
providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid
by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to
this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying
agreement guaranteed by this bond, any statutes governing the terms of this bond, or any
generally applicable rules of law.
At this time, there is no premium charge resulting from this Act.
1 :
Safeco POWER
Safeco Insurance Companies
OF ATTORNEY PO Box 34526
Seattle,WA 98124-1526
No. 2612
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
...........R+klf:k***********PAIGE M.TURNER;Odessa,Missouri;ROY R.YANCEY;Overland Park, Kansas;KEITH A.STILES;Kansas City,Missouri;
KRISTY M. BARBER;Gardner,Kansas
Its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 10th day of
August , 2005 •
416,00 l ate, a tf
STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
°Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority
or b`n any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however,that the seal shall not be necessary to the validity of any such instrument or undertaking." •
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I, Stephanie Daley-Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do
hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney Issued
pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 27th day of October , 2005 •
1SEAL (SEAL
(v")ileja/:
4.4.191:30,
co. Q( STEPHANIE DALEY-WATSON,SECRETARY
S-0974/DS 4/05' Safeco and the Safeco logo are registered trademarks of Safeco Corporation.
WEB PDF
S p r i nt ) .
Sprint Nextel
6391 Sprint Parkway
Together with NEXTEL Overland Park, KS 66251
Mailstop: KSOPHK0101-Z2650
December 27, 2005
VIA DHL EXPRESS
Airbill# 95488192181
Town of Danby
Attn.: Town Clerk
1830 Danby Rd.
Ithaca, NY 14850
. RE: Tower Removal Bond
Sprint Site ID: AL43XC740
Site Address: 292 Durfe Hill Road, Danby, NY
Dear Catherine:
Please find enclosed Bond No. 6381589 in the amount of$25,000 guaranteeing the maintenance,
replacement, removal or relocation of the antenna structure owned by Sprint at the above-
referenced location.
Please send all future notices, correspondence, and inquiries regarding this site to the following
address:
Sprint Contracts & Performance
Sprint Site ID: AL43XC740
Mailstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251-2650
If you have any questions do not hesitate to contact us at our toll free Hotline at 800-357-7641.
Sincerely,
Monica E. Rademacher 10
Affiliate Transition Team Wit .
P'
Enclosure -
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