HomeMy WebLinkAboutWireless Communications 2026 J `
DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK Box 1179
Southold,New York 11971 Fax
REGISTRAR OF VITAL (631)765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER 765-1800
lit www.southoldtownny.gov
RECORDS MANAGEMENT 1! - y'g
OFFICER FREEDOM OF a
INFORMATION OFFICER COO , ``
OFFICE OF THE TOWN CLERK
TOWN OF,SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-955 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 24, 2026:
RESOLVED that the Town Board of the Town of Southold hereby withdraws resolution 2025-
955, adopted at the December 30, 2025 regular Town Board meeting, in it's entirety,which read
as follows:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 30th day of December, 2025, a Local Law entitled"A Local Law in
relation to an Amendment to Chapter 280 Wireless Communications Facilities," and now
therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the
loth day of February,2026 at 6:00 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280
Wireless Communications Facilities,"which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280,Article XVII is hereby repealed in its entirety.
A new Chapter 280,Article XVII Wireless Communication Facilities is hereby adopted as
follows:
r
S
280-67 Purpose.It is the express purpose of this article to minimize the visual and
environmental impacts of wireless communication facilities while protecting the health,
safety and welfare of Southold's citizens.It recognizes the crucial role of reliable wireless
coverage for work,public safety, education,social connection and recreation, and allows
wireless service providers to meet their technological and service objectives. In addition,
the regulation of wireless facilities,including the type of structure,is intended to protect
the scenic and aesthetic qualities of the Town of Southold while meeting the community's
need for consistent and dependable coverage. This article allows wireless communication
facilities in certain preferred locations to be reviewed and approved in keeping with the
Town's existing zoning and historic development patterns,including the size and spacing of
structures.
280-68 Scope.The regulations of this article shall govern and control the erection,
enlargement,expansion,alteration,operation,maintenance,relocation and removal of all
wireless communication facilities.The regulations of this article relate to the location and
design of these facilities and shall be in addition to the provisions of the Southold Building
and Zoning Codes and any other federal,state or local laws or Federal Communication
Commission (FCC),Federal Aviation Administration (FAA) or other regulations
pertaining to such facilities.Nothing herein shall be construed to,apply to,prohibit,
regulate or otherwise affect the erection,maintenance or utilization of antennas or support
structures by those licensed by the Federal Communications Commission pursuant to Title
47 of the Code of Federal Regulations,Part 97, to operate amateur radio stations, or
satellite antennas that are used for individual business or residential voice, data,or video
communications.
2� 80-69
Definitions.As used in this article,the following terms shall have the meanings set forth bel
ow:
ANTENNA-An apparatus designed for the purpose of emitting radiofreguency(RF)
radiation,to be operated or operating from a fixed location pursuant to the Federal
Communications Commission(FCC) authorization, for the provision of personal wireless
service and any commingled information services. For purposes of this definition,the term
antenna does not include an unintentional radiator,mobile station or device authorized
under Part 15 of Chapter 1,Title 47 of the Code of Federal Regulations.
ANTENNA EQUIPMENT-Equipment,switches,wiring,cabling,power sources, shelters
or cabinets associated with an antenna,located at the same fixed location as the antenna,
and,when collocated on a structure, mounted or installed at the same time as such antenna.
ANTENNA SUPPORT STRUCTURE- See definition of"Tower".
APPLICANT(Personal wireless service facility) -A person or entity that submits a siting
application and the agents,employees and contractors of such person or entity.
APPLICATION(Personal wireless service facility)-A written submission to the Town
requesting authorization for the deployment of a personal wireless service facility at a
specified location.
BASE STATION EQUIPMENT-A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between user equipment and
a communications network. The term does not include any structure that at the time the
relevant application is filed with the State or local government under this section, does not
support or house equipment described in (1) and(2) below. The term does not encompass
a tower as defined herein or any equipment associated with a tower. "Base Station"
includes, but is not limited to:
(1) Equipment associated with wireless communications services such as private,
broadcast and public safety services,as well as unlicensed wireless services and fixed
wireless services,such as a microwave backhaul; and
(2) Radio transceivers, antennas, coaxial or fiber-optic cable,regular and backup
power supplies and comparable equipment,regardless of technological configuration
(including Distributed Antenna Systems and small-cell networks) ; and
(3) Any structure other than a tower-that, at the time the relevant application is
filed with the State or local government,supports or houses equipment described in
280-69 that has been reviewed and approved under the applicable zoning or siting
process,or under another State or local regulatory process,even if the structure was
not built for the sole or primary purpose of providing such support.
Examples include antenna and related equipment mounted on a rooftop,water tank, silo or
other above-ground structure other than a tower.
COLLOCATION(on an eligible support structure)- Mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting
and/or receiving radio frequency signals for communications purposes.
COLLOCATION(on a base station with no existing personal wireless facility equipment)-
Mounting or installing transmission equipment on a pre-existing structure; and/or
modifying a structure for the purpose of mounting or installing an antenna on that
structure.
CONCEALMENT (Personal wireless service facility)-A tower,base station or utility pole
that is not readily identifiable as a wireless communication facility and that is designed to
be aesthetically compatible with existing and proposed building(s) and uses on a site or in
the neighborhood or area. Some of the types of concealment include but are not limited to
faux dormers,faux facades,parapets, steeples,faux chimneys and unipoles/monopoles with
canisters,monopoles characteristic of the area and other similar type facilities.
DEPLOYMENT -The placement,construction or modification of a personal wireless
service facility.
ELIGIBLE FACILITIES REQUEST-Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station,involving:
(1) Collocation of new transmission equipment; or
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE-Any tower or base station as defimed in §280-69,
provided that it is existing at the time the relevant application is filed with the State or local
government.
EQUIPMENT SHELTER OR EQUIPMENT CABINET-An enclosed structure or
equipment cabinet associated with the antenna mount on a tower or base station for a
PWSF facility.
EXISTING(Personal wireless service facility)-A constructed tower or base station is
existing for purposes of this definition if it has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory review
process, provided that a tower that has not been reviewed and approved because it was not
in a zoned area when it was built, but was lawfully constructed,is existing for purposes of
this definition.
FACILITY- See Personal wireless service facility.
FALL ZONE-The area on the ground within a prescribed radius from the base of a
wireless communications facility. The fall zone is the area within which there might be a
potential hazard from falling debris or collapsing material,including the antenna support
structure.
GEOGRAPHIC SEARCH RING-An area designated by a wireless provider or operator
for a new base station,produced in accordance with generally accepted principles of
wireless engineering.
GUYED ANTENNA SUPPORT STRUCTURE -An antenna support structure that is
supported, in whole or in part,by guy wires and ground anchors.
HEIGHT-When referring to a tower or base station,the height is the distance from the
top of the structure at its highest point,including antennas,lightning protection devices or
any other apparatus attached to the top of the antenna support structure,to the base of the
structure,measured in feet above ground level(AGL).Absolute height is the distance from
the top of the structure,including all attachments, to the height of mean sea level(MSL).
LATTICE ANTENNA SUPPORT STRUCTURE
-An antenna support structure that has open-framed supports on three or four sides and is
constructed without guy wires and ground anchors.
MACRO WIRELESS FACILITY-Antenna,support structures or base stations which are
larger than the parameters set for small wireless facilities.defined in the Definitions.
MODIFICATION-The addition, removal,or change of any of the physical and visually
discernible components or aspects of a wireless facility,such as antennas,cabling,radios,
equipment shelters,landscaping,fencing,utility feeds, changing the color or materials of
any visually discernible components,vehicular access,parking and/or an upgrade or
replacement of the equipment.Adding a new wireless carrier or service provider
(collocation) to a wireless communications tower or site is a modification. Modifications
also include: extending the height of the antenna support structure above its current
height, changing the footprint of the structure, expansion of the base station equipment or
compound area, addition of antennas to an existing carrier's antenna array,re-orientation
or relocation of existing antennas, changes affecting the operating frequencies,effective
radiated power or number of operating channels.A modification shall not include ordinary
maintenance, as defined herein.
MONOPOLE-A freestanding antenna support structure consisting of a single pole,
without guy wires or ground anchors.
MOUNT-
The structure or surface upon which antennas are mounted and/or the location of the
antenna, e.g.•
(1) ROOF-MOUNTED -Mounted on the roof of a building.
(2) SIDE-MOUNTED -Mounted on the side of a building.
(3) STRUCTURE-MOUNTED -Mounted on a structure other than a building.
(4) FLUSH-MOUNTED -Mounted very close on a building or structure so that the
profile of the antenna(s) is not readily apparent.
(5) INTERIOR-MOUNTED-Mounted within a building or other structure so that
the antennas are not visible from the outside.
(6) GROUND-MOUNTED -Mounted on the ground.
ORDINARY MAINTENANCE -Work done to an existing wireless telecommunications
facility and antenna support structure for the purpose of maintaining them in good
operating condition. Ordinary maintenance includes inspections and testing to maintain
functionality, aesthetic and structural integrity, and involves the normal repair of a
wireless facility including the like-for-like replacement of damaged or defective
components without otherwise adding,removing,or substantially changing anything and
therefore does not include modifications.
PERSONAL WIRELESS SERVICE FACILITY(PWSF)-An antenna facility or a
structure that is used for the provision of personal wireless service,whether such service is
provided on a stand-alone basis or commingled with other wireless communication
services.
RADIO FREQUENCY(RF) EMISSIONS OR RADIATION- The electromagnetic field of
radiation emitted by wireless antennas.
RADIO FREQUENCY(RF)PROFESSIONAL-
A person who specializes in the study of radio frequency engineering and has expertise in
radio communication facilities.
RADIO FREQUENCY(RF) SIGNAL The actual beam or radio waves sent-and received
by a wireless facility.A signal is the deliberate product of a wireless antenna. The RF
radiation is the by-product.
SITE- (Personal wireless service facility)-For a tower other than a tower in the public
rights-of-way,the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site, and,for other
eligible support structures,further restricted to that area in proximity to the structure and
to other transmission equipment already deployed on the ground. The current boundaries
of a site are the boundaries that existed as of the date that the original support structure or
a modification to that structure was last reviewed and approved by a State of local
government,if the approval of the modification occurred prior to the Spectrum Act of 2012
or otherwise outside the section 6409(a) process.
SITING APPLICATION- See"Application (Personal Wireless Service Facilit_y)"
SMALL WIRELESS FACILITY-Facilities that meet each of the following conditions:
(1) The facilities:
(a) Are mounted on structures fifty feet(50') or less in height,including
their antennas; or
(b) Are mounted on structures no more than ten percent(10%) taller
than other adiacent•structures; or
(c) Do not extend existing structures on which they are located to a
height of more than fifty feet (50') or by more than ten percent(10%),
(whichever is greater);
(2) Each antenna associated with the deployment,excluding associated antenna
equipment is no more than three (3) cubic feet in volume; and
(3) All other wireless equipment associated with the structure,including the
wireless equipment associated with the antenna and any pre-existing associated
equipment on the structure,is no more than twenty-eight(28) cubic feet in volume;
and
(4) The facilities do not require antenna structure registration by the FCC; and
(5) The facilities are not located on Tribal lands; and
(6) The facilities do not result in human exposure to radiofrequency radiation in
excess of the applicable safety standards specified in Code of Federal Regulations
1.1307(b).
STRUCTURE (Personal wireless service facility) -A pole,tower,base station or other
building,whether or not it has an existing antenna facility,that is used or to be used for the
provision of personal wireless service(whether on its own or comingled with other types of
services).
SUBSTANTIAL CHANGE (Personal wireless service facility) -A modification
substantially changes the physical dimensions of an eligible support structure if it meets
any of the following criteria:
(1) For towers other than towers in the public rights-of-way,it increases the
height of the tower by more than ten percent(10%) or by the height of one (1)
additional antenna array with separation from the nearest existing antenna not to
exceed twenty(20) feet,whichever is greater; for other eligible support structures it
increases the height of the structure by more than ten percent(10%)or more than
ten feet(10'),whichever is greater.
(a) Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in height
should be measured from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and any modifications that
were approved prior to the passage of the Spectrum Act.
(2) For towers other than towers in the public rights-of-way,it involves adding
an appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty(20) feet, or more than the width of the tower structure at
the level of the appurtenance,whichever is greater; for other eligible structures,it
involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six(6)feet.
(3) For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not to
exceed four cabinets; or,for towers in the public rights-of-way and base stations,it
involves installation of any new equipment cabinets on the ground if there are not
pre-existing ground cabinets associated with the structure,or else involves
installation of ground cabinets that are more than ten percent(10%) larger in height
or overall volume than any other ground cabinets associated with the structure,
(4) It entails any excavation or deployment outside of the current site, except
that,for towers other than towers in the public rights-of-way,it entails any
excavation or deployment of transmission equipment outside of the current site by
more than thirty(30) feet in any direction. The site boundary from which the thirty
(30)feet is measured excludes any access or utility easements currently related to the
site;
(5) It would defeat the concealment elements of the eligible support structure;
or
(6) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base stations
equipment,provided however that this limitation does not apply to any modification
that is non-compliant only in a manner that would not exceed the thresholds above.
TRANSMISSION EQUIPMENT-.Equipment that facilitates transmission for any
Commission-licensed or authorized wireless communication service,including,but not
limited to,radio transceivers,antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with the wireless
communications services including,but not limited to,private,broadcast,and public safety
services, as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
TOWER-Any structure built for the sole or primary purpose of supporting any
Commission-licensed or authorized antennas and their associated facilities, including
structures that are constructed for wireless communications services including,but not
limited to private,broadcast,and public safety services,as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site. A
tower may be concealed (examples include but are not limited to faux trees,unipoles, flag
poles) or non-concealed such as: lattice or monopole.
UTILITY POLE-Any pole or structure designed to maintain,or used for the purpose of
lines,cables,or wires for communications,cable, electricity,street lighting, other lighting
standards,or comparable standards.
WIRELESS CARRIER—A company that provides wireless telecommunications services.
WIRELESS COMMUNICATIONS FACILITY—Antenna or antenna support structure a
nd base equipment,either individually or together,including permanent or temporary
movable facilities (i.e.,wireless facilities mounted on vehicles,boats or other mobile
structures) used for the provision of any wireless service.
WIRELESS MASTER PLAN—The Town of Southold Wireless Communications Master
Plan dated June 27,2025.
WIRELESS SERVICES—Commercial mobile services,unlicensed wireless services,and
common-carrier wireless exchange services,including,but not limited to,voice, data,
images or other information,cellular telephone service,personal communications service
(PCS), enhanced specialized mobile radio (ESMR) service,and paging service.
280-70 General requirements for all wireless communication facilities.
All wireless facilities,including collocations,shall be the least visually obtrusive design
possible that also permits the applicant to achieve its service needs.To that end,the
following design standards shall apply to all wireless communication facilities installed or
constructed pursuant to the terms of this chapter.
A. No wireless communication facility shall be used,erected or altered in the Town of
Southold except in accordance with the provisions of this article and any other applicable
sections of the Town Code.
B. Before securing a lease for a subject property or a right-of-way agreement for a new
wireless communication facility,the Applicant,service provider,or tower owner must hold
a pre-development meeting with the planning department and building inspector. During
this meeting the following will be discussed,the proposed project,location, and potential
alternatives to the wireless communication facility. These alternative options do not have to
be entirely different from the proposed personal wireless service facility; however,they
should have measurable differences,such as:
(1) Location.An alternative could be located on a different property than the
proposed personal wireless service facility.
(2) Siting.An alternative could be in a different place on the same property as the
proposed personal wireless service facility.
(3) Design.An alternative could be of the same height,location and siting as the
proposed personal wireless service facility but be designed to appear differently.
(4) Change in community scale, as exhibited in relative height,mass or
proportion of the personal wireless service facility within its proposed surroundings
(5) For painted monopoles,visible elements proposed on a contrasting
background
(6) Use of materials that are not characteristic of the existing built environment.
fn Conservation of opportunities to maintain community scale,not
compromising buffering areas and low-lying buildings so as to start a trend away
from the existing community scale.
(8) Amount and diversity of landscaping and/or natural vegetation.
(9) Preservation of view corridors,vistas,and viewsheds. .
(10) Additionally,the applicant shall provide a geographic search ring for a new
tower or base station along with an evaluation that collocation on an existing tower or
base station or structures within the applicant's geographic search ring is not
reasonably feasible because collocation is technically or commercially impractical or
the owner of the existing tower or base station or structure is unwilling to enter into a
contract for such use at fair market value.Evaluation shall also include evidence that
no existing or previously approved tower or base station can reasonably be used for
the wireless communications facility placement instead of the construction of a new
tower or base station; that residential,historic, and designated scenic areas cannot be
served from outside the geographic search ring; or that the proposed height of a new
tower or base station or a proposed height increase of a substantially modified tower
or base station,or replacement tower or base station or collocation is necessary to
provide the applicant's designed service.
A. No wireless communication facility shall be used, erected or altered in the Town of
Southold except in accordance with the provisions of this article and any other applicable
sections of the Town Code.
B. All wireless communication facilities, and modifications to such facilities (as defined
in 4 280-69) shall require a building permit, a Wireless Facility Planning Permit,and
in some instances a special exception approval.
C. No new personal wireless service facility(PWSF) may be constructed without a
carrier licensed by the FCC as a provider.An FCC-licensed provider of wireless
communications services must either be the applicant or the co-applicant or have executed
a lease agreement with the applicant for any proposed new wireless communication facility,
collocation or modification.A copy of the executed lease agreement with redaction of
financial terms shall be provided as part of the application.
D. Location of wireless facilities.
(1) Applicants for wireless communications facilities shall locate,site and erect
said wireless facilities in accordance with the following priorities,with (a)being the
most preferred option and (i) being the least preferred.
(a) . Collocation on an eligible support structure not exceeding the definition
of substantial change;
Ill On Town-owned property,
[21 In the right of way.
131 On other property in the Town.
(b) Collocation on an existing base station or tower exceeding the definition
of substantial change.
(c) Replacement of an existing tower to add collocations,improve coverage
and/or structural capacity.
(d) New collocation on a new base station with no pre-existing
wireless communication facility equipment;
f 11 On Town-owned property.
[21 In the right-of-way.
[31 On the other taxing districts' property.
[41 On other property in the Town.
(e) A tower:
f 11 Within a one-half-mile geographic search ring of potential tower
locations by design type and height identified in the Wireless Master Plan
(a) - Concealed tower
(b) Painted monopole
(c) Non-painted monopole
[21 On.Town-owned property
(a) Concealed tower
(b) Painted monopole
(c) Nori-painted monopole
(d) Lattice tower
[31 On other taxing districts' property
(a) Concealed tower
(b) Painted monopole
(c) Non-painted monopole
(d) Lattice tower
(fi A tower on other property in the LI or LIO Zoning Districts.
Ill Concealed tower
[21 Painted monopole
131 Non-painted monopole
141 Lattice tower
(g) A tower on other property in the MI,AM B or HB Zoning Districts.
[11 Concealed tower
[21 Painted monopole
[31 Non-painted monopole
141 Lattice tower
(h) Replacement of an existing utility pole in the same location as the existing
pole or a small wireless facility in public right-of-way.
(i) New utility pole for a small wireless facility in:
[11 Public right-of-way
[21 Private right-of-way
(i) A new tower on other property a minimum of two acres in size in the
AC,R-40,R-80,R-120,LB,RO,RR,HD or AHD Zoning Districtsi. Towers are
not allowed in R-200 or R 400 districts.
f 11 Concealed tower
f 21 Painted monopole
131 Non-painted monopole
[41 Lattice tower
(2) If the proposed wireless communication facility is not proposed for the most
preferred option listed above,the applicant shall submit a written report
demonstrating the applicant's review of the above locations in order of priority,
demonstrating the technological reason for the site selection. If appropriate,based on
selecting a site of lower priority, a detailed written explanation as to why a more
preferred location was not selected shall be included with the application. The
applicant seeking such an exception must satisfactorily demonstrate the reason or
reasons why such a permit should be granted for the proposed site, and the hardship
that would be incurred by the applicant if the permit was not granted for the
proposed site.
(3) An applicant may not bypass a more preferred location by stating the site
proposed is the only site leased or selected.An application shall address collocation as
an option. If such an option is not proposed,the applicant must explain to the
reasonable satisfaction of the Town why collocation is commercially or otherwise
impracticable.
(4) Notwithstanding the priorities above, the Town may,if satisfied with the
explanation provided by the applicant, approve any site located within an area in the
above list of priorities,provided that the Town finds that the proposed site is in the
best interest of the health,safety and welfare of the Town and its inhabitants and will
not have a deleterious effect on the nature and character of the community and
neighborhood.
(5) Notwithstanding that a potential site may be situated in a most preferred
location, the Town may also disapprove an application for any of the following
reasons:
(a) Conflict with safety and safety-related codes and requirements;
(b) Conflict with the historic nature or character of a neighborhood or
historical district;
(c) The use or construction of wireless facilities which is contrary to an
already-stated purpose of a specific zoning or land use designation;
(d) In a public right-of-way the placement and location of wireless facilities
which would create an unacceptable physical risk,or the reasonable
probability of such,to residents,the public,employees and agents of the Town,
or employees of the service provider or other service providers;
(e) Conflicts with the provisions of this chapter.
F. Submittal requirements for all wireless communication facilities
(1) Payment of application fee(s).
(2) Completed Wireless Facility Planning Permit Application and if applicable a
Wireless Facility Special Exception Application with original signatures for the
applicant and all co-applicants applying for the application with indication if the
applicant or co-applicant will be represented by an agent, original signature
authorizing the agent to represent the applicant and/or co-applicant.
If the applicant is not the owner or person in control of the personal wireless service
facility and/or site, a written declaration under penalty of perjury that the owner or
person in control of the personal wireless service facility and/or site has consented to
the proposed facility or modification.
(a) The current and/or intended wireless service provider(s), as applicable
for the application,shall be indicated on the site plan with documentation
provided by the service provider(s).
(3) Structural integrity
(a) A structural analysis signed and sealed by a Professional Engineer in
the State of New York the entire tower or base station and all appurtenances
are designed pursuant to the design requirements of ASCE 7,including wind
speed design requirements, and tower loading/wind design requirements of
Electronic Industries Association/Telecommunications Industry Association
(ANSI/TIA) 222-H,Risk Category H and Exposure Category C standards, and
any subsequent modification to those specifications.
(b) Collocation modifications on existing eligible support facility using
existing antenna mounts shall also provide a mount analysis meeting same
standard as (c)(i) above.
(4) RF Compliance
(a) For new towers and new collocations: A signed statement from an RF
engineer competent to opine as to RF emissions compliance stating that the
radio frequency emissions comply with FCC standards for such emissions as set
forth in 47 CFR 1.1307, 1.310,2.091 or 2.093,as applicable (Report and Order,
ET Docket 93-62 (Guidelines for Evaluating the Environmental Effects of
Radiofreguency Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum
Opinion and Order and Notice of Proposed Rule Making,ET Docket 93-62
(WT Docket 97-192), 12 FCC Red 13494 (1997).
(b) For Eligible Facility Requests: In addition to (d)(i) above,any eligible
facility collocation,modification, or upgrade application shall contain a signed
statement from an RF engineer competent to opine as to the RF emissions
confirming that following installation,the composite facility will remain in
compliance with FCC standards as stated in OET-65.
(5) Scenic landscapes and vistas. All PWSF located within or adjacent to a Town
or state-designated scenic vista or scenic landscape or road shall be located in a
manner that minimizes its visual impact on said scenic vista,landscape,or road.
(6) Signs. Only required safety and contact information signage shall be
permitted on any PWSF. Signs shall not be permitted on facilities except for signs
displaying contact information and safetv instructions,which are required. Safety
signs shall be in accordance with American National Standards Institute (ANSI)
standards for radio frequency radiation warning signs. Contact signs shall identify
A service providers located on the facility and shall include normal and emergency
contact information for each. Such signs shall not exceed five square feet in surface
area.
(7) Noise from base equipment,including any backup generator,measures less
than 45dB at all adiacent property lines.
(8 Lighting: All base stations and towers are subject to the following:
(a) Security and safety lighting of equipment buildings shall be
appropriately shielded to keep light within the boundaries of the wireless
communications site.
(b) Any lighting required by the FAA must be of the minimum intensity and
number of flashes per minute(i.e.,the longest duration between flashes)
allowable by the FAA.
(c) Ground-based security and safety lighting shall only be illuminated as
needed
(d) Lights shall be filtered or oriented so as not to proiect directly onto
surrounding property or rights-of-way, consistent with FAA requirements
(e) Only red lighting at dark shall be utilized on the tower or base station
unless otherwise required by FAA guidelines.
(9) Access: Access to wireless facilities located outside the street right-of-way
should be from already established site access points whenever possible. If access to
the proposed tower or base station does not exist, then a driveway,turnaround and
required parking shall be provided on site.
(10) Parking: Each PWSF located outside the right-of-way must have at least one
designated parking space on site.
(11) Hazardous materials.The applicant shall list location, type and amount of any
materials_proposed for use within the personal wireless service facility,including
those used as fuel for generators,that are considered hazardous by the federal,state
or local government.
(12) Proof of FAA compliance with Subpart C of the Federal Aviation Regulations,
Part 77,and"Objects Affecting Navigable Airspace," if applicable, and
(13) Interference with Public Safety Communications. In order to facilitate the
regulation,placement, and construction of antenna,and to ensure that all parties are
complying to the fullest extent possible with the rules,regulations, and/or guidelines
of the FCC, each wireless provider shall agree in a written statement to the
following:
(a) Compliance with"Good Engineering Practices" as defined by the FCC
in its rules and regulations..
(b) Compliance with FCC regulations regarding susceptibility to radio
frequency interference,frequency coordination requirements,general technical
standards for power,antenna, bandwidth limitations, frequency stability,
transmitter measurements, operating requirements,and any and all other
federal statutory and regulatory requirements relating to radio frequency
interference(RFI).
(c) Whenever the Town has encountered radio frequency interference with
its public safety communications equipment,and has reasonable cause to
believe that such interference has been or is being caused by one or more
wireless facility antenna arrays,the following steps shall be taken:
[11 The Town shall provide written notification to all wireless service
providers operating in the Town of possible interference with the public
safety communications equipment, and upon receipt of such notifications,
the wireless providers shall use their best efforts to cooperate and
coordinate with the Town and among themselves to investigate and
mitigate the interference,if any,utilizing the procedures set forth in the
joint wireless industry-public safety "Enhanced Best Practices Guide,"
released by the FCC in Appendix D of FCC 04-168 (released August 6,
2004),including the "Good Engineering Practices," as may be amended
or revised by the FCC from time to time in any successor regulations.
[21 If any wireless provider fails to cooperate with the Town in
complying with the owner's obligations under this section or if there is a
determination of radio frequency interference with the Town's public
safety communications equipment,the wireless provider who failed to
cooperate and/or the wireless provider which caused the interference
shall be responsible for reimbursing the Town for all costs associated
with ascertaining and resolving the interference,including but not limited
to any engineering studies obtained by the Town to determine the source
of the interference.For the purposes of this subsection,failure to
cooperate shall include failure to initiate any response or action as
described in the"Enhanced Best Practices Guide"within twenty-four
(24) hours of Town's notification.
G. Small Wireless Facilities. In addition to & 280-70.A. through F. the following
applies to all small wireless facilities:
(1) An executed agreement with the Town to use the Town's right-of-way.
(2) Small wireless facilities shall not exceed the size dimensions of the small
wireless facility definition. The Applicant shall include calculations demonstrating in
detail the applicant meets the definition of small wireless facility.
(3) An aerial map showing the location of the proposed small wireless facility.
(4) A street view map to scale showing the proposed site location and property
frontages within 100 feet in each direction parallel the Aght-of-way.
(5) An accurate site plan which identifies any easements,rights-of-way,sidewalks,
driveways, and the type and location of existing aboveground and,if applicable,
underground utilities.
(6) Photo simulation with before and after images from at least two (2)
reasonable line-of-sight locations near the proposed project location. The photo
simulations must be taken from the viewpoints of the greatest pedestrian or vehicular
traffic.
Cn A photo rendering shall be provided of the proposed small wireless facility
that depicts aesthetic features including,but not limited to,the use of colors and if
applicable,concealment with"before and after"installation exhibits.
(8) No portion of a small wireless facility shall obstruct pedestrians,vehicular,
bicycle access, sight lines or visibility for traffic,traffic signage or signals,or interfere
with access by persons with disabilities.
(9) No small wireless facility shall conflict with any utilities located within the
public right-of-way.
(10) Equipment boxes,including meters,for small cell wireless facilities maybe
located on the ground or attached on the pole at a height that does not interfere with
pedestrian or vehicular traffic,public views, and traffic signs or signals.Equipment
boxes and meters attached to the utility pole shall be surrounded by a shroud painted
to match the pole.
(11) Cables,if not located inside the pole,shall be placed in conduit painted to
match the pole from the meter box to the antenna.
(12) Tree topping (removal of tree crown) or the improper pruning of trees is
prohibited. Any proposed pruning or removal of trees shrubs or other landscaping
already existing in the right-of-way must be noted in the application and must be
reviewed and meet the approval of the Town.
(13) Applicants shall include an attestation that the small wireless facilities shall be
activated for use by a wireless services provider to provide service no later than one
(1)year from the permit issuance date, unless the Town and the wireless provider
agree to extend this period,or a delay is caused by a lack of commercial power at the
proposed site.
(14) Small Wireless Facilities in Historic Districts.Any application proposing the
installation of small wireless facilities within a designated historic district shall
comply with the following requirements:
(a) Concealment techniques shall be designed to be consistent and
harmonious with the nature and character of the historic district,including
color,shape and size of proposed equipment.
(b) New utility poles or wireless support structures shall be designed to
match the size, girth,and design of any existing utility poles or other wireless
support structures located in the historic district right-of-way,i.e. decorative
light poles or banner poles.
(c) This subsection shall not be construed to limit the Town's enforcement
of historic preservation in conformance with the requirements adopted
pursuant to the National Historic Preservation Act of 1966,54 U.S.C. 4 300101
et seq., and the regulations adopted to implement those laws, or Section 14.09 of
the New York State Historic Preservation Act of 1980.
(15) Additional items for collocations on existing utility poles (not replacement).
(a) New collocations.shall:
Ill Only be mounted on structures fifty(50) feet or less.in height
including the antennas; or
121 Only be mounted structures no more than ten(10)percent taller
than other adjacent structures or;
131 Not extend existing structures on which they are located to a
height of more than fifty (50) feet or by more than ten (10) percent,
whichever is greater.
(16) Additional items for the replacement of an existing wood utility pole.
(a) Replacement poles shall be designed with considerations of height,girth,
scale, color,texture and architectural design of any existing utility poles or
other vertical structures located in the right-of-way where the new facility is
proposed.
(b) Antenna,meter boxes and ancillary equipment shall be surrounded by a
_shroud painted to match the color of the existing or replacement utility pole
(17) Additional requirements for new poles (not a replacement utility pole).
(a) Spacing requirements for small wireless facilities.
Ill To minimize the adverse visual impacts from the proliferation of
antennas and associated above-ground equipment for small wireless
facilities,no small wireless facility in the right-of-way shall be located,to
the extent practicable,within one hundred sixty-five(165) feet of any
other small wireless facility in the same right-of-way,unless the wireless
service provider desiring to install small wireless facilities less than one
hundred sixty-five (165) feet apart
demonstrates to the Town's satisfaction why such placement is
necessary.
[21 No small wireless facilities shall be placed in front of structure and
shall be located as close to the shared side yard lot line as possible.
[31 In a residential street right-of-way,all small wireless facilities
located adjacent to residential structures shall be placed in the right-of-
way at locations where they are at least one hundred (100) feet from the
base of the facility to any residential structure whenever possible.
[41 If a right-of-way has residential structures on only one (1)side of
the street,small wireless facilities shall be located on the opposite side of
the right-of-way whenever possible.
151 Where a right-of-way has residential or commercial structures on
only one(1) or both sides of the street,the small wireless facilities shall be
located as close to the commercial structure whenever possible.
(b) All new concealed small wireless facilities shall be designed with
considerations of height, girth,scale, color,texture and architectural design of
any existing utility poles or other vertical structures located in the same right-
of-way,i.e. decorative light poles or design of the buildings parallel the rights-
of-way where the new facility is proposed.All cables, conduits,electronics,
meters and wires shall be enclosed within the structure.
H. Eligible facility request. In addition to & 280-70.A. through F. the applicant must
demonstrate in writing that the proposed modification or collocation does not exceed any
part of the definition of substantial change.
I. New concealed collocation on a pre-existing base station with no existing wireless
communications equipment. In addition to � 280-70.A. through F. the following applies:
(1) Height limited to no more than 10 feet above the highest point of the building.
(2) The wireless equipment for a concealed base station,including all antennas,
antenna arrays,transmission lines,equipment enclosures of other ancillary
equipment,must not be visible from outside the building or structure housing the
facili .
(3) When a wireless communication facility extends above the roof height of a
building on which it is mounted, every effort shall be made to conceal the facility
within or behind existing architectural features to limit its visibility from public and
residential vantage points,yet permit the facility to perform its designated function.
(4) Facilities mounted on a roof shall be recessed from the front facade in order
to limit their impact on the building's silhouette.If antennas are part of the recessed
facility,the applicant shall submit an access control plan that precludes inadvertent
access to the front faces of the antennas by building workers and the general public.
The wireless communication facilities shall blend in with the existing building's
architecture and shall be painted or shielded with material which is consistent with
the design features and materials of the building.
(5) Facade side-mounted facilities shall be flush-mounted and painted or
otherwise Camouflaged to blend with the facade or background materials of the
structure
(6) Any structural or design changes to the building or structure necessary to
accommodate the new wireless communications equipment shall be harmonious with
the design and architectural style of the building or structure and must comply with
all applicable land use regulations and design standards.
(7) PWSF equipment may be placed inside any portion of an existing building.
(8) PWSF equipment may be placed inside portions of existing noncomplying
buildings that currently exceed the heightlimit for the zone as long as no exterior
design changes or height increases are made to the portion of the building housing
the enclosed facility.
(9) Interior-mounted facilities in existing buildings shall be constructed so that
the outward appearance of the building or structure before and after the installation
is complete is identical or nearly identical.
J. Towers.In addition to � 280-70.A. through F. the following applies to new towers:
(1) Towers shall not be located in the following areas without a permit from all
.jurisdictional agencies:
(a) Wetlands,tidal and freshwater.
(b) Land above high groundwater (within 10 feet of the surface).
(c) Lands purchased with Community Preservation Funds.
(d) Coastal erosion hazard areas.
(e) Designated parkland.
(2) Lot Size. Minimum lot size in non-residential zoning districts shall be in
accordance with the bulk schedule for each. Lot size in residential zoning districts
and/or recorded residential subdivisions shall be a minimum of two acres,or in
accordance with the bulk schedule for each zoning district,whichever is greater.
(3) Fall zones. An area with a radius equal to the height of the tower free of
residential habitable structures is required around the tower.A smaller fall zone may
be allowed.if supported by a report submitted by a qualified structural engineer. The
structural engineer's report shall be submitted to and reviewed by the Town and
corroborated by an independent consultant hired by the Town that demonstrates
that a smaller fall zone is appropriate and safe.
(4) Setbacks.
(a) Setbacks for towers shall be equal to the determined fall zone of the
tower or the Bulk Schedule applicable to the principal uses for the zone in
which the structure is located,whichever is greater.
(b) The setbacks for all related ground equipment shall, at a minimum,
meet the Bulk Schedule setbacks for the zoning district's accessory uses.
(5) Collocation. All new towers.and compounds shall be designed to
accommodate a minimum of four tenants on the tower, counting the launch tenant as
one of the four.
(6) Height. Maximum Tower height(excluding lighting rod)is 140 feet in all
districts where permitted, or as provided in the Wireless Master Plan.—
( ) Height_justification. A map indicating the applicant's existing radio
frequency signal propagation, a map indicating the applicant's proposed new radio
frequency signal propagation,and a map indicating the proposed improvements'
coverage/capacity area for the lowest and highest licensed frequencies,which
provides sufficient justification for the requested antenna height; or an affidavit from
a radio,frequency engineer, including the qualifications of affiant,to_justify the
mounting height of the proposed new antenna.
(8) Balloon or Crane Test
(a) A balloon or crane test is required prior to generating the photo
simulations to demonstrate the proposed height and design type of the
tower. The applicant shall arrange to raise a colored balloon no less than three
(3)feet in diameter at the maximum height of the proposed tower and within
twenty-five (25)horizontal feet of the center of the proposed tower,or suspend
a similar sized object from a crane at the same height.
(b) The applicant must inform the Town and abutting property owners in
writing of the date and times,including alternative dates and times,of the test
at least fourteen(14) days in advance. The Town may also send a general email
to town residents with this information.
(c) A 3-foot by 5-foot sign with lettering no less than 3 inches high stating
the purpose of the balloon test shall be placed at the closest major intersection
of the_proposed site.
(d) The balloon shall be flown,or the crane suspended, on a weekday for at
least four(4)consecutive hours during daylight hours on the date chosen. The
applicant shall record the weather,including wind speed during the balloon
test.
(e) Re-advertisement will not be required if inclement weather occurs.
(9) Photographic simulation of pre-development and post-development views
from the street frontage of the existing property and surrounding properties to the
north,south,east, and west, and any other locations identified during the pre-
development conference.
(10) Color.When a monopole is painted the color should be appropriate to the
context of the tower's location so that the tower is as unobtrusive as possible,unless
otherwise required by the Federal Aviation Administration (FAA).
(11) Visual impact analysis: renderings or computer graphics illustrating the
appearance of the completed facility from residential and public vantage points to be
determined by the Town during the pre-development meeting.
(12) Tower siting.It is preferred that new towers sited on developed properties be
located to the rear of other principal buildings and shall not encroach on planting
buffers,parking areas or otherwise impair the operation of previously approved
systems such as storm water drainage basins. Existing buildings and structures
should be used in the siting of new towers to contribute to the visual screening of the
tower.
(13) Minimum distance of all wireless equipment to adiacent residential property
lines or street shall be equal to the fall zone setback or the underlying zoning district
setback,whichever is greater.
(14) Landscaping. The ground equipment shall be screened from view from
surrounding properties by dense vegetation and trees, either planted or existing, and
meeting the site design appearance criteria below.
(a) A screen of evergreen trees shall be planted outside the fence of the
base equipment area or shelter to provide a visual screen or buffer for
adioining properties and the public right-of-way or other vantage points
accessible to the
public. The screen shall consist of a double row of evergreen shrubs and
trees that are of sufficient density and height to immediately screen the
base equipment from view.
(b) Required front yard setback areas shall be landscaped and include
shrubs and trees.
(c) An alternative method of compliance may be approved if it achieves the
same screening goals.
(d) Survivability of the landscaping shall be guaranteed and maintained by
the applicant for the life of the installation.
280-71 Required approvals.
All wireless communication facilities, and modifications to such facilities (as defined in &28
0-69) shall require a Wireless Facilit_y Planning Permit, a building permit,and in certain
cases a special exception approval will be required as follows:
A. Administrative Approval: Wireless Facility Planning Permit and Building permit
required by the Planning and Building Departments.
(1) All applications for a Wireless Facility Planning Permit building peFmit shall
comply with the relevant subsections in & 280-70,General requirements for all
wireless communication facilities,and &280-74,application requirements.
(2) An application qualifies for administrative approval of a Wireless Facility
Planning Permit and a building permit if it conforms to the relevant subsections of
280-70 and falls in one of the following two three categories:
(a) An eligible facility request
(b) Concealed base station
(c) A new tower within a one-half-mail geographic search ring of potential
tower locations identified in the Wireless Master Plan and also meet the
suggested design type and height in the Wireless Master Plan.
B. Planning Board Review and Approval:
(1) A Wireless Facility Planning Permit application requires review and approval
by the Southold Town Planning Board in the following circumstances
(a) New collocations on structures without pre-existing wireless
communication equipment where the height is greater than 10 feet above the
highest point of the building; and
(b) Any application or collocation which exceeds the definition of
substantial change and presents aesthetic,siting location, or physical safety
concerns.
C. Special exception.
In the following circumstances, a Special Exception application is required:
A new tower proposed to be located outside a one-half mile geographic search ring of
potential tower locations identified in the Wireless Master Plan. All applications for
special exception shall comply with the standards in 4 280-70, General requirements
for all wireless telecommunication facilities, and 4 280-724,Application fees and
requirements.
(1) Authority. For the purposes of this section,notwithstanding Article XXV of
this chapter,the Planning Board shall be empowered to issue a special exception
approval for wireless communication facilities,subiect to the provisions of this
chapter.
(2) Standards.In addition to the standards in Article XXV of this chapter,no
special exception approval shall be granted unless the Planning Board specifically
finds and determines the following:
(a) Construction of the proposed facility or modification of the existing
facility is a public necessity,in that it is required to meet current or expected
demands of the telecommunications provider and to render adequate service to
the public.
(b) The applicant has made substantial effort to co-locate with existing
wireless facilities or,failing that, has made substantial effort to locate on
municipally owned land or structures,or within or on existing buildings or
structures.
(c) There are compelling reasons which make it more feasible to construct
the proposed facilities rather than alternatives.
(3) Matters to be considered.In addition to the matters to be considered in
Article XXV of this chapter,the Planning Board shall give consideration to the
following in issuing a special exception approval for wireless communication
facilities:
(a) The proposed antenna.support structure must be demonstrated to be
the lowest height above the ground feasible to achieve the service needs of the
carrier(s). The rationale behind the explanation by the applicant must be
corroborated by an independent consultant hired by the Town.
(b) The wireless communication facility has been situated to minimize its
Proximity and visibility to residential structures,residential district boundaries
and landmarks designated by Town, federal or state agencies.
(c) The wireless communication facility is designed and situated to be
compatible with the nature of uses on adiacent and nearby property.
(d) The wireless communication facility has been designed to use the
surrounding topography to minimize its visual impacts.
(e) The wireless communication facility has been designed to use the
surrounding tree, building or foliage coverage to minimize its visual impacts.
(f) The wireless communication facility maximizes design characteristics to
reduce or eliminate visual impacts and obtrusiveness.
(g) Other adequate conditions have been placed on the wireless
communication facility which will minimize any adverse impacts of the facility
on adjoining properties.
§280-72 Application fees and requirements.
A. Fees. The following fees are in place of those required in other sections of the Code:
(1) Wireless Facility Planning Permit
(a) Eligible facility request: $1000.
(b) New facility: $2000.
(2) Building Permit application fees.
(a) Eligible facility request: $500.
(b) New facility: $750.
(3) Special exception application fee: $1,000.
(4) Review by independent consultants.
(a) The Town may hire any consultant(s) and/or expert(s).necessary to
assist the Town in reviewing and evaluating the application,including the
construction and modification of the site,once permitted,and any site
inspections.An escrow account shall be funded by the applicant with an initial
deposit as determined by the Planning Department,and based upon an
estimate provided by the consultant(s).No application shall be considered
complete for review purposes until an escrow account is established and
funded.
(b) Withdrawals from said escrow account may be made from time to time
to reimburse the Town for the cost of its consultants' professional review
services actually incurred in connection with the review of any application
including
where applicable,the lease negotiation,the preapproval evaluation,and
the construction and modification of the site,once permitted. The applicant
shall remain responsible for all costs of outside consultants in the event that
said escrow deposit is exhausted. If such account is not replenished within 30
days after the applicant is notified in writing of the requirement for such
additional deposit,the Planning Board may suspend its review of the
application.
(c) The consultant(s)will work under the direction of the Town Planning
Director. Copies of the consultants' qualifications,findings and reports will be
provided to the applicant and an opportunity given to the applicant to respond
to the content of the consultants' report prior to any decisions being made. In
the event that the amount held in escrow by the Town is more than the amount
of the actual invoicing at the conclusion of the project,the remaining balance
shall be promptly refunded to the applicant.
B. Wireless Facility Planning permit application requirements.
(1) Copies of all applicable FCC licenses,notices of proposed construction or
alteration,federal environmental impact statements and other documents verifying
compliance with federal,state and local regulations.
(2) Zoning narrative and supporting documents addressing each standard&280-
70A through F and the additional relevant subsection(s) following V80 70 A through
F.
(3) Digital files of the propagation and gap maps,including attribute information,
in a geographic information system (GIS) format and proiection that is compatible
with the GIS technology currently in use by the Town of Southold.
(4) A copy of the deed or lease agreement establishing applicant's right to use the
parcel on which the wireless communication facility is to be located.
(5) Aeronautical study or appropriate consultant's report demonstrating that the
proposedfacility will not constitute an obstruction or hazard to air navigation.
(6) Visual impact analysis: renderings or computer graphics illustrating the
appearance of the completed facility from residential and public vantage points to be
determined by the Planning Board. ^
(7) Adjacent land uses,structures and zoning within 500 feet.
(8) The location in latitude and longitude,type and height of the wireless
communication facility.
(9) If applicable, a list of other carriers already located on the facility,with the
number,type,height, orientation, effective radiated rower,number of channels and
operating frequencies of each antenna,including the proposed.
(10) Digital information about the facility(AutoCAD,Shapefile) that can be
imported into a geographic information system depicting the search ring of the
Proposed facility.
(11) A photo of the facility,if already existing.
(12) Location of landmarks listed by federal,state or Town agencies within 300
feet.
(13) Distances between the proposed facility and the following:
(a) The nearest residential structure.
(b) The nearest property line with a residential use.
(c) All other structures.
(d) Roads,rights-of-way, driveways.
(14) Fall zone radius and distance.
(15) Proposed means of access.
(16) Elevation drawings with dimensions clearly indicated,including diameter or
width of the structure at its widest and narrowest,and the tallest point,including
antennas or lightning protection.
(17) Other information deemed by the Town to be necessary to
assess compliance with this article.
C. Special exception application.To make the determination on an application for
special exception,the Planning Board shall require the following in addition to the
requirements of Article XXV of this chapter:
(1) Each application shall include:
(a) One copy of the Wireless Facility Planning permit application
(b) A written site location alternative analysis describing the location of
other sites considered,the availability of those sites,the extent to which other
sites do or do not meet the provider's service or engineering needs'and the
reason why the subject site was chosen.
(c) Other information deemed by the Planning Board to be necessary to
assess compliance with this article.
(2) The applicant shall document to the satisfaction of the Planning Board that a
good-faith effort has been made to locate or co-locate on existing towers or other
available and appropriate buildings and structures,that it is not feasible to co-locate
on an existing facility and that the proposed location is necessary to provide adequate
service to the public. The documentation shall include a notarized statement by the
applicant as to whether construction of the wireless communication facility will
accommodate co-location of additional antennas for future users.
(3) The Planning Board and Planning Department may retain technical
consultants as they deem necessary to provide assistance in the review of the needs
and site location alternatives analyses and other matters that the Board deems
necessary.The applicant shall bear the reasonable cost associated with such
consultation,which cost shall be
assessed as an additional application fee.The consultants will work under the
direction of the Town Planning Director. Copies of the consultants' qualifications,
findings and reports shall be made available to the applicant upon acceptance of the
final draft of the report by the Planning Board.
(4) The applicant must explain in writing to the Planning Board why it selected
the proposed site,discuss the availability or lack thereof of a suitable structure within
the search ring for collocation,and the extent to which the applicant has explored
locating the proposed facility in a more intensive use district. Correspondence with
other
telecommunication providers concerning co-location collocation is part of
this requirement. The applicant shall also provide evidence supporting the existence
of inadequate service. This may include the propagation maps cited above,traffic
studies, customer complaint logs and similar data. The applicant must also
demonstrate to the Board that the proposed facility satisfies the demonstrated service
deficiency to an equal or greater degree than any of the reasonably available
alternatives.
&280-73 Historic Buildings and Districts
No wireless communication facility is allowed on any designated landmark property or
district listed by federal,state or Town agencies, except as specified below, and subject to
Chapter 170,Landmark Preservation:
A. Any wireless communication facility located on or within an historic structure listed
by federal,state or Town agencies shall not alter the character-defining features,
distinctive construction methods or original materials of the building.
B. Any alteration made to an historic structure to accommodate a wireless
communication facility shall be fully reversible.
C. Wireless communication facilities within an historic district listed by federal,state
or Town agencies shall be concealed within or behind existing architectural features,so
that they are not visible.
§ 280-74 Application Approval Timelines
A. Small wireless facilities in Town rights-of-way
(1) Total timeline for review from date of receipt of a complete application by the
Town:
(a) Collocation using an existing structure: sixty(60) days.
(b) Installation using a new or replacement structure: ninety(90) days.
(2) Review timeline:
(a) Unless a written agreement between the applicant and the Town
provides otherwise,for an initial application the Town planning staff designee
shall review the siting application and notify the applicant on or before the
tenth (loth) day after submission of the application that the application is
materially incomplete,and clearly and specifically identify the missing
documents or information and the specific rule or regulation creating the
obligation to submit such documents or information. The comment notice shall
identify the deficiencies in the application,which,if cured,would make the
application complete. The shot clock date for siting application is determined
by counting forward,beginning on the day after the date when the application
was submitted,by the number of calendar days of the shot clock period.
(b) The shot clock calculation shall restart at zero(0) on the date on which
the applicant submits all the documents and information identified by the
Town to render the application complete or incomplete.
(c) The wireless communication facility shall be deemed complete on
resubmission if the resubmitted materials cure the original deficiencies
indicated by the Town.
(d) If the Town does not approve the application following resubmission,
then the application shall be deemed incomplete,and the steps outlined in (b)(1)
through(b)(3)will be followed until the application is deemed complete.
(e) The Town may deny an application for any of the following reasons:
Ill Applicable codes,Town Code or objective design standards that
concern.public safety,traffic safety and aesthetic concerns for decorative
Town utility poles,including reasonable and nondiscriminatory
concealment
requirements such-as screening or landscaping for ground-
mounted equipment; or
[21 Public safety and reasonable spacing requirements concerning the
location of ground-mounted equipment in a right-of-way,including ADA
compliance; or
131 If the Town denies an application,then the Town must document
the basis for a denial,including the specific code provisions on which the
denial was-based. The Town shall send the documentation to the
applicant on or before
the day the Town denies an.application.If the Town fails to approve or
deny the application within the prescribed shot clock timeline,the
applicant shall have all remedies available at law.
(f) Batching. If a single application seeks authorization for multiple
deployments,all of which fall within a Tier 1 review,then the presumptively
reasonable period of time for the application for the applications as a whole is
equal to that for a single deployment within that category. The Town may
remove a small wireless facility from a consolidated application and treat
separately small wireless facility locations for which incomplete information
has been provided or that are denied. The Town will issue a separate permit for
each location that is approved.
(g) All work within the Town rights-of-way is also subject to approval of a
street opening permit for work that involves excavation, affects traffic patterns
or obstructs vehicular traffic within or along the Town's rights-of-way.Any/all
work in the public right-of-way as per this code is subject to approval of a
Wireless Facility Planning permit or building permit.
(h) As-built construction drawings shall be provided to the Town for all
structures,equipment,cable,pipes and conduit located within a Town or
public right-of-way, and within any Town-owned utility or multi-purpose
easement; and which must include,for fiber optic cable, the number of strands
of fiber in the conduit. If any of the Town's utilities or other infrastructure is
relocated within the right-of-way as part of the construction,the Town shall
have final approval of the design and engineering of such relocated items.
(i) Rates for use of Town Utility Poles within the Right-of-Way. An
applicant who places a small wireless facility on a utility pole within a right-of-
way in accordance with this section shall:
f 11 Execute an agreement with the Town; and
[21 Pay to the Town an annual recurring rate as set forth in the
Town's Fee Schedule for the use of such utility pole.
[31 Required Permit Provisions. Each permit.issued by Zoning Officer
and each license agreement for small wireless facilities shall be made
upon the condition that the applicant agree to the following conditions:
(a) Indemnification. To the fullest extent allowed by law,both
the wireless infrastructure provider and wireless services provider
(for this paragraph, collectively referred to as "provider")
constructing,installing, operating, repairing,maintaining and using
a small wireless facility shall indemnify, defend and hold harmless
the Town,and its officials, agents,and employees from and against
all suits, actions or claims of any character brought because of any
iniury or damage received or sustained by any person,persons oi•
property arising out of, or resulting from,said provider's breach of
any provision of law,including but not limited to any asserted
negligent act,error or omission of the provider,or its agents or
employees,arising from or relating to its small wireless facility.
The indemnifications required hereunder shall not be limited by
reason of the specification of any particular insurance coverage for
any permit.
The provider's obligations under this provision shall not
terminate with the expiration or termination of its permit,but shall
survive it.
(b) Dispute Resolution.A court of competent.jurisdiction
located in Southold,New York shall have exclusive.jurisdiction to
resolve all disputes arising under this section applying the laws of
the State of New York. Pending resolution of a dispute concerning
rates for collocation of small wireless facilities on utility poles
within the right-
of-way,the Town shall allow the collocating party to collocate
on utility poles at annual rates as set forth in the Town Fee
Schedule.
B. Eligible Facility Applications.
(1) Timeframe for review. Within sixty(60) days of the date on which an
application submits a complete application for approval,the Town shall approve the
application unless it denies the application.
(2) Tolling of the timeline for review. The sixty(60) day period begins to run
when the application is filed and may be tolled only by mutual agreement or in the
cases where the Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty(30) days of submission (or
within some other mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the
deficiencies in the application which,if cured,would make the application
complete. The clock stops on the date the notice is sent to the Applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review. Any subsequent review shall be limited to the deficiencies
list in the prior denial.
(6) The clock re-starts on the date of re-submission by the Applicant. The Town
shall,within ten (10) days of re-submission,notify the applicant of continuing
deficiencies or the application will be deemed complete. The timeline for a decision
shall be likewise tolled during the additional re-submission deficiency period until the
2nd re-submission. Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the original notice of
incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by day sixty(60) after the initial submission,excluding
tolling.
(8) Failure to.AcL In the event the Town fails to approve or deny a Tier 2(a)
application within the timeframe for review (accounting for any tolling),the request
shall be deemed granted. The deemed granted does not become effective until the
applicant notifies the Town in writing after the review period has expired(accounting
for any tolling)that the application has been deemed granted.
C. New collocation on a new base station with no pre-existing wireless communication
facility equipment applications.
(1) Timeframe for review. Within ninety(90) days of the date on which an
application submits an application for approval,the Town shall approve the
application unless it denies the application.
(2) Tolling of the timeline for review. The ninety(90) day period begins to run
when the application is filed and may be tolled only by mutual agreement or in the
cases where the Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty(30) days of submission (or
within some other mutually agreed upon timeframe)if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically, the
deficiencies in the application which,if cured,would make the application
complete. The clock stops on the date the notice is sent to the Applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review. Any subsequent review shall be limited to the deficiencies
list in the prior denial.
(6) The clock re-starts on the date of resubmission by the Applicant. The Town
shall,within ten (10) days of re-submission,notify the applicant of continuing
deficiencies or the application will be deemed complete. The timeline for a decision
shall be likewise tolled duizng the additional re-submission deficiency period until the
2nd resubmission. Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the original notice of
incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by day ninety(90) after the initial submission, excluding
tolling.
(8) Failure to Act.In the event the Town fails to approve or deny a Tier 2(b)
application within the timeframe for review (accounting for any tolling),the request
shall be deemed granted. The deemed grant does not become effective until the
applicant notifies the Town in writing after the review period has expired (accounting
for any tolling)that the application has been deemed granted.
D. New tower exceeding the definition of-a small wireless facility.
(1) The time frame for review. Within one hundred fifty(150) days of the date on
which an application submits an application for approval,the Town shall approve
the application unless it denies the application.
(2) Tolling of the timeline for review. The one hundred-fifty(150)day period
begins to run when the application is filed and may be tolled only by mutual
agreement or in the cases where the Town determines that the application is
incomplete.
(3) Town must notify the applicant within thirty(30) days of submission(or
within some other mutually agreed upon timeframe)if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the
deficiencies in the application which, if cured,would make the application complete.
The timeline clock stops on the day after the date the Town sends notice of
incompleteness to the Applicant.
(5) The timeline clock stops on the day after the date the Town sends notice of
incompleteness to the Applicant.
(6) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review.Any subsequent review shall be limited to the deficiencies
listed in the prior denial.
(7) The clock re-starts on the date of re-submission by the Applicant. The Town
shall,within ten (10) days of re-submission,notify the applicant of continuing
deficiencies or the application will be deemed complete. The timeline for a decision
shall likewise be tolled during the additional re-submission deficiency period until the
2nd re-submission. Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the original notice of
incompleteness.
(8) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by one hundred fifty(150) days after the initial
submission,excluding any tolling period.
(9) . Failure to Act. In the event the Town fails to approve or deny an application
under this subsection within the timeframe for review(accounting for any tolling),
the applicant shall have all remedies available at law.
280-75 Removal
A. Any wireless communication facility that is not operated for a continuous period of
12 months shall be deemed abandoned.At that time, the owner of the wireless
communication facility or the owner of the property where the wireless communication
facility is located shall remove all components thereof within 90 days of such deemed
abandonment or will be in violation of this article.In the case of a wireless communication
facility on preexisting structures,this provision shall apply to the wireless communication
facility only. If the wireless communication facility is not removed within said 90 days,the
Building Inspectors may give the owner notice that unless the removal is accomplished
within 30 days,the Town will cause the removal at the owner's expense.All costs and
expenses incurred by the Town in connection with any proceeding or any work done for
the removal of a wireless communication facility shall be assessed against the land on which
such wireless communication facility is located,and a statement of such expenses shall
be presented to the owner of the property, or if the owner cannot be ascertained or located,
then such statement shall be posted in a conspicuous place on the premises. Such
assessment shall be and constitute alien upon such land. If the owner of the facility and the
owner of the property upon which the facility is located shall fail to pay such expenses
within 10 days after the statement is presented or posted,a legal action may be brought to
collect such assessment or to foreclose such lien.As an alternative to the maintenance of
any such action,the Building Inspector may file a certificate of the actual expenses
incurred as aforesaid,together with a statement identifying the property in connection with
which the expenses were incurred and the owner of the facility and the owner of the
Property upon which the facility is located,with the Assessors,who shall,in
the preparation of the next assessment roll,assess such amount upon such property. Such
amount shall be included in the levy against such property,shall constitute alien and shall
be collected and enforced in the same manner,by the same proceedings, at the same time
and under the same penalties as are provided by law for the collection and enforcement of
real property taxes in the Town of Southold.
B. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to
promote the public health, safety and general welfare of Town citizens through removal
provisions to ensure the proper decommissioning of wireless communication facilities
within the entire Town. The removal reduction provision of this chapter shall supersede
any inconsistent portions of the Town Law& 64(5-a) and govern the subject of removal of
wireless communication facilities in this chapter-.
§280-76 Preexisting Antenna Support Structures and Antennas
A. Preexisting antenna support structures and antennas,for which a permit has been
issued prior to the effective date of this article,may continue in use for the purpose now
used and as now existing,subject to the conditions of that permit.Preexisting antenna
support structures and antennas may not be replaced,structurally altered,or added to
without complying in all respects with this article.The issuance of permit renewals or other
new permits for such facilities shall be in accordance with the provisions of this article.
Preexisting antenna support structures and antennas without the proper permits shall be
considered out of compliance with this article.
B. Any wireless service provider with at least one preexisting antenna support
structure or antenna in the Town of Southold that is out of compliance with the building
and zoning requirements in this chapter prior to the adoption of this article shall not be
eligible for any new approvals until the preexisting antenna support structure or antenna is
brought into compliance with this article.
C. Until all required permits are secured,no issuance of any new permit shall occur for
a request to co-locate, attach,or share an existing antenna support structure,when such
existing facility is found to have one or more antennas or mounts without permits.
D. Any application by a wireless service provider shall be deemed incomplete if that
provider has a preexisting antenna support structure in the Town on which there is any
antenna or mount without permits,and said application shall not be processed until that
facility is brought into compliance with this article.
280-76.1 Waivers of Criteria
In approving a Wireless Facility Planning Permit or special exception,the Planning Board
may waive or modify the following criteria if it finds that the goals and stated purposes of
this article are better served by doing so, and that there is no detriment to the public
health,safety and welfare.
A. Section 280-70 (T) (6)Maximum height: 140 feet. In zones,where collocation will
achieve the result of fewer antenna support structures,the Planning Board may modify the
hundred-forty(140) foot height restriction with the condition that the antenna support
structure be constructed so that antennas can be installed at any height on the structure,
and that the overall height of the structure can be reduced if antennas are moved to lower
heights.No
antenna support structure shall remain at a height that is taller than that required by
installed and operational antennas. The applicant must show that co-location of other
carriers is likely by demonstrating that coverage or capacity gaps of other carriers are
located in the same area as the proposed structure.
B. Section 280-76 Preexisting antenna support structures and antennas not
in compliance. The provision requiring preexisting nonconforming facilities to be brought
into compliance may be modified by the Planning Board where such facilities would be
required to be rebuilt or relocated to be in compliance,if,in those cases only,the applicant
demonstrates that those preexisting facilities,given the carrier's coverage or capacity
needs,are already in a location that would comply the same or better as any alternate
locations,or are already constructed to be as unobtrusive as possible.
C. Section 280-70 (.n (2),Lot Size. Minimum lot sizes may be reduced on non-
conforming lots of record in the event the Applicant can demonstrate that no conforming
lots are available in the geographic search ring.
A Section 280-70 (.n(4). Setbacks:Setbacks may be reduced to less than the
determined fall zone of the tower or the bulk schedule where existing conditions,lot
dimensions,or tower design and siting circumstances justify a reduced setback.
280-76.2 Relief
With the exception of relief from the denial of an application for special exception approval
pursuant to &,280-72 C,and waivers pursuant to & 280-76.1.Waivers of criteria, any
applicant desiring any other relief or exemption from the requirements of this article may
seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this
chapter.
280-76.3 SeverabiRty
The various parts,sections and clauses of this article are hereby declared to be severable. If
any clause,sentence,paragraph,section or part of this article shall be adjudged by any
court of competent jurisdiction to be invalid,the judgment shall not affect the validity of
this article as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
280-76.4 When effective
This article shall take effect immediately upon filing with the Secretary of State.
'New towers in single-family residential districts or recorded residential subdivisions are
only allowed on lots used for non-residential purposes which have a minimum size of two
2 acres.
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Justice Stevens
SECONDER: Councilwoman Doherty
AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty,
Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr.
NAYES: None
PUBLIC HEARING - CHAPTER 280-67 THROUGH 280-76
THIS PUBLIC HEARING CONSIDERS AN INTRODUTORY LOCAL LAW NO. _ OF 2026,
TO AMEND CHAPTER 280 "ZONING", BY AMENDING SECTION 280-67 THROUGH
280-76 "WIRELESS COMMUNICATION FACILITIES", BY REPLACING THE EXISTING
CODE REQUIREMENTS WITH NEW PROVISIONS PERTAINING TO WIRELESS CELL
LOCATIONS AND PLACEMENT IN THE TOWN, WHICH WILL PROVIDE FOR GREATER
FLEXIBILITY CONCERNING ANTENNA DIMENSION, SETBACKS AND RELATED
ACCESSORY PLACEMENT.
LEGAL NOTICES FOR PUBLIC HEARINGS ARE PUBLISHED NO LESS THAN TEN (10)
DAYS PRIOR TO THE PUBLIC HEARING, IN AN ELIGIBLE LEGAL TOWN NEWSPAPER.
THE TOWN CLERK'S OFFICE HAS RECEIVED THE AFFIDAVIT OF SERVICE FROM THE
NEWSPAPER INDICATING THAT THE NOTICE WAS PROPERLY PUBLISHED.
THE PROPOSED ACTION REQUIRES NOTICE TO THE SUFFOLK COUNTY PLANNING
COMMISSION. THE TOWN CLERK FILE INCLUDES THE RESPONSE OF THE
PLANNING COMMISSION DATED FEBRUARY 2, 2026, DETERMINING THE ACTION
TO BE A MATTER OF LOCAL DETERMINATION.
THE PROPOSED ACTION WAS ALSO REFERRED TO THE PLANNING DEPARTMENT
FOR A SEQRA DETERMINATION. THE TOWN CLERK'S OFFICE HAS NOT RECEIVED
THE SEQRA DETERMINATION. THE PUBLIC HEARING SHOULD THEREFORE BE HELD
OPEN FOLLOWING TONIGHT'S PROCEEDINGS TO A FUTURE DATE FOR RECEIPT
CONSIDERATION OF THE SEQRA DETERMINATION BY THE TOWN BOARD.
THE TOWN CLERK FILE ALSO INCLUDES AN AFFIDAVIT OF POSTING OF THE PUBLIC
NOTICE ON THE TOWN CLERK'S BULLETIN BOARD AT TOWN HALL.
Noncarrow, Denis
From: Lanza, Heather
Sent: Tuesday, February 3, 2026 8:05 AM
To: Noncarrow, Denis
Cc: DeChance, Paul; Mudd,Jennifer, Born, Sabrina
Subject: Re:Wireless Public Hearing
Hi Denis,
The hearing on the wireless code will be held without SEAR and LWRP, and then adjourned (without a date I
would suggest).
Next step is the Board has a hearing on the Wireless Master Plan so they can adopt that before the adopt the
new Wireless Code.
SEQR and LWRP will be done for the Wireless Master Plan,which should cover the code amendment. Paul can
help with the timing of all. Probably could continue the hearing on the code on the same day as the Master
Plan hearing,then close both hearings at the same time, but not sure that is a correct procedure.
The holdup is having to hire a consultant to help with SEQRA. Proposals for that are due Feb. 12th, and then
we have to wait for next Town Board meeting to hire them. After that the company can go to work on the
actual SEQRA review. As with everything,this is going to take some time.
Heather
From: Noncarrow, Denis
Sent:Tuesday, February 3, 2026 7:25:11 AM
To: Lanza, Heather
Cc: DeChance, Paul; Mudd,Jennifer; Born,Sabrina
Subject:Wireless Public Hearing
Good Morning,
Checking in on the Wireless code P/H. are we continuing, I think the only thing missing is SEAR and LWRP.
Thank you
Denis Noncarrow RMC
Southold Town Clerk.
Town of Southold, New York
www.southoldtownny.gov
denisn@southoldtownny.gov
631-765-1800
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
i
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
z
DENIS NONCARROW e �'�° ' Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765 6145
MARRIAGE OFFICER , Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER - s� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31,2025
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARIhiC on
the proposed Local Law listed below on February loth,2026 at 6:00 p.m.,at the Southold Town Hall, 53095
Main Road, Southold,NY:
A:LocalLaw in relation to an Amendment to Cha to 280 Wireless Communications Facilities
Please sign the duplicate of this letter and return to me at your earliest convenience: Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Vl _ of Ureenport
Signature,Received by Date
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
RECEIVED
JAN 5 20
Southold Town Clerk
DENTS NONCARROW ���pS,,;, rf. Town Hall,53095 Main Road
P.O.Box 1179
TOWN CLERK
' Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER '� Zhlephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtowany.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31,2025
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on February 10th,2026 at 6:00 p.m.,at the Southold Town Hall, 53095
Main Road, Southold,NY:
A-l:ocal.La .in'relation.to_.awAmefidme t to Chia ter 280 Wireless.:CammunicAtions Facilities
# 1?lease,S n the du lieafe of`ttiis letter'and:ceturn to tneEat our earliest''convenience hank= ou:
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead
Town of Shelter Island
Town of Southampton Southold Building Dept
°:Dept Southold Trustees
Southold Plannin
Southold Assesso Southold ZB'::`
� ge of sari rt'
Sign -.:-• ure;?YteceivecLby Date
1
dirt
Please print name
Title
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
RECEIVED
JAN A-2
Southold Town Clerk
FFO(��,
DENIS NONCARROW �+� � , Town Hall,53095 Main Road
TOWN CLERK p P.O.Box 1179
y - Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145
MARRIAGE OFFICER 'f' Qt` Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ��1 �� www.southoldtovmnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31,2025
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on February loth,2026 at 6:00 p.m., at the Southold Town Hall, 53095
Main Road, Southold,NY:
A Local Law in relation to an Amendment to Chanter 280 Wireless Communications Facilities
Please sign the duplicate of this letter-arid-return to me at your earliest convenience: Thank you.
i
Denis Noncarrow r
JAN
Southold Town Clerk ` f
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission.—
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature,Rece' a 'by Date
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
s
I
ofFa(��'
DENIS NONCARROW ��+ �, Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
r Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 8. Fax(681)765-6145
MARRIAGE OFFICER '��p �� Tblephone(681)765-1800
RECORDS MANAGEMENT OFFICER �.e `��.' www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31,2025
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on February 101h,2026 at 6:00 p.m.,at the Southold Town Hall, 53095
Main Road, Southold,NY:
A Local Law in relation to an.Amendment to Chapter 280 Wireless Commuriieations Facilities
Please.Sign the duplicate°of this'letter and ieturn to ine at-Vdur.earliest.cd tyetaeft Thank y0.11:
Denis Noncatrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email; Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature,Received by Date
SUND EdUTHA IYP76" WWA/ CZERK RMG
Please print ame Title
DUPLICATE TO BE SIGNED AND RETURNED TO
RECEIVEDSOUTHOLD TOWN CLERK
JAV
i
i
Southold Town Clerk
DENIS NONCAR1iOW Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ip Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ` '! www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31,2025
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEAIZINC`on
the proposed Local Law listed below on February 10tb,2026 at 6:00 p.m., at the Southold Town Hall, 53095
Main Road, Southold,NY:
A Local.Law in relation to an Amendment to Chapter 2$0 Wireless Communications;Facilities
Please sign the duplicate of this'letter agd return to me at Qur earliest convenience. Thank yo'u:
Denis Noncarrow
Southold Town Clerk
' Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
i Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
g Southold Planning Dept Southold Trustees
' Southold Assessors Southold ZBA
0
r V' 1a of eeri ort
I, 2
Sign re,.Receive Date
t Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
RECEIVED
JAN
4
Southold Town Clerk
DENIS NONCARROW o~� Gy� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
H 2 Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS O Fax(631)765-6145
MARRIAGE OFFICER y
� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �l �a www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31, 2025
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on
the proposed Local Law listed below on February loth,2026 at 6:00 p.m., at the Southold Town Hall, 53095
Main Road, Southold,NY:
A Local Law in relation to an Amendment to Chapter 280 Wireless Communications Facilities
Please sign the duplicate of this letter and return to me at your-earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Dept of Planning Long Island State Park Commission
Email: Town of Riverhead Town of Shelter Island
Town of Southampton Southold Building Dept
Southold Planning Dept Southold Trustees
Southold Assessors Southold ZBA
Village of Greenport
Signature, Received by Date
Please print name Title
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
OFFICE LOCATION: Q SO�� MAILING ADDRESS:
Town Hall Annex O dl P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY +rn :-,. Telephone: 631 765-1938
�� www.southoldtownny.gov
Y
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM,
To: Denis Noncarrow, Town Clerk
Members of the Town Board
cc: Paul DeChance, Town Attorney �V)OL L,-mo� ,
From: James H. Rich III, Chairman J A N - 9 2926
Members of the Planning Board
Date: January 9,2026 '`
Re: Planning Board Comments
Wireless Communication Facility Code Revisions
The Planning Board respectfully submits this memorandum to express its support for the proposed
amendments to the Town's Wireless Communications Code.
The Board supports updating the Town Code to ensure consistency with applicable federal regulations
governing wireless communications facilities. Aligning local regulations with federal standards is
necessary to maintain the Town's authority while reducing legal uncertainty and ensuring compliance
with evolving federal requirements.
In addition,the Planning Board supports the proposed amendments that streamline and clarify the review
and approval process for wireless facilities. Improving the efficiency and predictability of the permitting
process will help facilitate timely deployment of improved wireless infrastructure, which is essential for
public safety, economic development, and the everyday communication needs of residents, businesses,
j and visitors.
i
The Board finds that the proposed changes strike an appropriate balance between expediting the delivery
i of better cell service throughout the Town and maintaining thoughtful local oversight. Importantly,the
amendments rely on the comprehensive master plan to guide decision-making related to the location,
° design, and prioritization of wireless facilities.This master plan-based approach ensures that
infrastructure improvements are implemented in a coordinated manner that reflects community goals,
} minimizes visual and environmental impacts, and provides equitable service coverage.
For these reasons,the Planning Board recommends adoption of the proposed wireless code amendments
and believes they will position the Town to better meet current and future wireless service needs while
remaining consistent with federal law and sound planning principles.
Please contact the Planning Department with any questions.
o�osuFFoc,��,
DENIS NONCARROW =� �G.f� Town Hall,53095 Main Road
TOWN CLERK p _ P.O.Box 1179
y Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER y
RECORDS MANAGEMENT OFFICER ��,( �a0 Telephone oldt 76n .gov
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31, 2025
Re: Resolution 2025-955 "A Local Law in
relation to an Amendment to Chapter 280
Wireless Communications Facilities"
Mr. James Rich, III, Chairman
Southold Town Planning Department
54375 State Route 25
Post Office Box 1179
Southold,New York 11971
Dear Mr. Rich, III,
The Southold Town Board at their regular meeting held on December 30th, 2025 adopted the
resolution referenced above. A Certified copy is enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed Local Law and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. The date and time for
the public hearing is 6:00 P.M., Tuesday, February loth, 2026 respectfully. Please do not
hesitate to contact me if you have any questions. Thank you.
Very trul yours,
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
DENIS NONCARROW o~� G.j� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
y a Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Q yC Fax(631)765-6145
MARRIAGE OFFICER 'y
RECORDS MANAGEMENT OFFICER ��,( .�`a� Telephone oldt nny.gov
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 31, 2025
Re: Resolution 2025-955 "A Local Law
in relation to an Amendment to
Chapter 280 Wireless
Communications Facilities"
Heather Lanza, LWRP Coordinator
Southold Town Planning Department
54375 State Route 25
Post Office Box 1179
Southold,New York 11971
Dear Ms. Lanza:
The Southold Town Board at their regular meeting held on December 30th, 2025 adopted the
resolution referenced above. A certified copy is enclosed.
Please prepare an official LWRP and SEQRA report with regard to the proposed Local Law and
forward it to me at a suitable time in order to allow sufficient time for the Town Board to review
it before the public hearing. This proposed local law will also be transmitted to the Southold
Town Planning Department and to the Suffolk County Planning Department for their review.
The date and time for this public hearing is 6:00 P.M., Tuesday, February loth, 2026
respectfully. Please do not hesitate to contact me if you have any questions. Thank you.
Very truly yours,
/4^—� '0.
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
RECEIVE® COUNTY OF SUFFOLK
EDWARD P.ROMAINE
Southold Town Clerk SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING
SARAH LANSDALE
MAUREEN GETCHELL COMMISSIONER RORY WHELAN
CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER
February 2, 2026
Town of Southold
P.O. Box 1179
Southold,New York 11971
Attn: Hon. Albert J. Krupski, Jr., Town Supervisor
Applicant: Amendment to Chapter 280
Zoning Action: Local Lase in relation to an Amendment
To Ch. 280 Wireless Communication Facilities
S.C.P.D. File No.: SH-26-LD
Dear Supervisor Krupski:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
NOTE: Does not constitute acceptance of any zoning action(s) associated therewith before any
other local regulatory board.
Very truly yours,
Adt a
By Victoria Malvone
Joseph E. Sanzano, Planning Director
Division of Planning and Environment
JES/vm
H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,2 FL■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 0 (631)853-4800
Appendix A - County Referral Form
Appendix A—Suffolk County Planning Commission Guidebook
Suffolk County Planning Commission
Submission Cover u for Planning
Municipality: Town of Southold
Hamlet: Local Case Number: 2025-955
District: Section: Block: Lot: Local Meeting Date: 12/30/2025
Application/Action Name: Amendment to Chapter 280 Public Hearing: Yes INo
Referring Agency: Type of Referral:
Planning Board or Commission 0GML239/A14-14 S.C.P.C. Regulatory Review
Zoning Board of Appeals F ISEQRA Coordination &Advisory
Town Board/Village Board of Trustees FV1Request for Informal Input from S.C.P.C.
SEQRA Action:
❑EAF ❑Lead Agency Draft Scope Draft EIS Final EIS
Findings
Brief description of application or proposed action:
A Local Law in relation to an Amendment to Chapter 280 Wireless Communications Facilities.
Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone,
within one mile of a nuclear power plant or airport or within 500 feet of.•
• A municipal boundary,
• The boundary of any existing or proposed county, state, or federal park or other recreation area,
The right-of-way of any existing or proposed county or state road,
• An existing or proposed county drainage channel line,
• The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of
water,
• The boundary of county, state, or federally owned land held or to be held for governmental use,
- The boundary of a farm located in an agricultural district.
Comprehensive Plan (Adoption or Amendment) Subdivision �SEQRA Only
❑Zoning Ordinance or Map (Adoption or Amendment) Use Variance 1-1 Moratorium
Special Use Permit/Exception/Conditional Use Area Variance Site Plan
Code Amendment Official Map
Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission.The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Contact Information
Municipality Contact Name: Supervisor Albert J. Krupski, Jr.
Department/Agency: Town of Southold
Phone Number: (631) 765-1800 Email Address: denisn@southoldtownny.gov
Applicant Contact Name: Denis NOnCarrow
Applicant Address: 53095 Main Road, PO Box 1179, Southold, NY 11971
Mudd, Jennifer
From: Mudd, Jennifer
Sent: Wednesday, December 31, 2025 11:10 AM
To: LL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vg0oku@u.box.com)
Cc: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina
Subject: Emailing: Referral Form -Town of Southold (Ch. 280 Wireless Communications Facilities)
Attachments: Referral Form -Town of Southold (Ch. 280 Wireless Communications Facilities).pdf
Importance: High
Good Morning,
r
Please see attached for your review.
Thank you and Happy New Year!
.Jen
Jennifer M. Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25, P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
www.southoldtownny.gov
Your message is ready to be sent with the following file or link attachments:
Referral Form -Town of Southold (Ch. 280 Wireless Communications Facilities)
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attachments. Check your e-mail security settings to determine how attachments are handled.
1
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thcPamACCOUNTNUMBER CUSTOMER
D83503 TOWN OF SOUTHOLD-TOWN CLERK
THE DAY PUBLISHING COMPANY
200 STATE ST
NEW LONDON,CT 06320 CLIENT PAGE NUMBER DUE DATE
Page 1 of 1 Upon Receipt
Order Number Amount Due
d01109474 $623.28
TOWN OF SOUTHOLD - TOWN CLERK CHECK NUMBER
MAKE CHECKS PAYABLE
ATTN: TOWN CLERK TO DAYPUBLISH/NG
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PO BOX 1179 Include your account#/ AMOUNT PAID
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PLEASE RETURN UPPER PORTION WITH YOUR REMITTANCE
r _ o
k _ ,SIZE/LINES K;- 1�,x, GROSSOTHER, NEV
DESCRIPTION �� "PUBLICATION REFERENCE# OR OTY AMOUNT,, AMOUNTi I
01/15/26 Ch.280 Wireless Com.Legal Notice The Day Ch.280 _ M3 col $573.28 _ $0.00 $573.28
€ Wireless Com. g
Legal Notice
01/15/26 Ch.280 Wireless Com.Legal Notice Day Classified I Ch.280 3 col $15:00 �$0.00 $15.00
Webpage Wireless Com. t
Legal Notice
01/15/26 Ch.280 Wireless Com.Legal Notice CT Public Notices Ch.280 Not Applicable $35.00 $0.00 $35.00
Webpage Wireless Com.
Legal Notice r
Total $623.28 $0.00 $
623.28
Account Number Customer Total Due
D83503 TOWN OF SOUTHOLD-TOWN CLERK $623.28
Day Credit Department 860-701-4204 Accounting Fax 860-437-7504
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1
Mudd, Jennifer
From: legal <legal@theday.com>
Sent: Wednesday, December 31, 2025 10:56 AM
To: Mudd, Jennifer; Evans, Louisa
Cc: Stevens, Kate; Noncarrow, Denis; Rudder, Lynda; Born, Sabrina
Subject: Re: Emailing: Ch. 280 Wireless Com. Legal Notice
Attachments: Invoice - Ch. 280 Wireless Com. Legal Notice.pdf
Here is notice d01109474 that will run in the 1/15 edition. Invoice is attached.
da 1109474#
LEGAL NOTICE
NOTICE OF PUBLIC HEARING;
IHEREAS there has been presented to the Town Board of the Town of Southold,Suf-[
;folk County, New York on the 3Dth day of December, 2025, a Local Lava entitled b`k
focal Law in relation to an Amendment to Chanter 280 Wireless!
#Communications Facilitieso and now therefor belt
i
kRESOLVED that the Town Board of the Town of Southold will:hold a public hearing 4n
4the aforesaid Local Law at Southold Town Hall,53095 Main Road,,Southold,New York
ion the 10th day of February,.2026 at 6,00 p.ni at which time all interested persons w ll l
be Oien an opportunity to be heard.
The proposed Local Lava entitle4 "A Local Law in relation to an Amend n�
meat to Chapter 284 Wireless CommunicationsFacilities," whichi
reads as folloeas: LOCAL LAW NO. 202,6
[
.ARTICLE XV"I[
Wireless Communication Facilities �
BE IT ENACTED by the Town Board of the Toren of Southold as follows:
jChapter 290,Article XVll is hereby repealed in its entirety.
A new Chapter 220,Article kVII Wireless Communication Facilities Is hereby adopted!
IaS f01101AIS:
it purpose
§280 67 Pawse
It_Es tlae,e,Ypress f this article to_inin[mize,the visual -and_envirenneri#al
impacts of vaireless communication facilities while prmtec�rr�g the head , safet-..and
vie if are of WOO izen&.1 t,recognlzes the crucial role of rel[ab_le_yclreless c€ve.raye,
ifar or14_tatib11c saf�t}r,education, social connection_aiad re`�rea#io[i a[rd aliauvs r lre
Iess_service..prou[ders to meet their.technoto9.1ca.I and service obiecdies lit addition, 3
ttroe:.._regtilat oi� of uitrreless Facilities, including the type of strtictiire, is intended to
prot�rt the Szen�c tid,aeSthe lc tttial[ties f�tlte To n of Southold wjtiile r�ieetiiig the
cmntDturiit 's heed fs r crr sisteit#aid depeiidoble cone,rage This,article.allows vYkeless
co[ uLcahe[t_faciipbes_in_sertain.pr�ferred_locationsto be
n r �ilevt�e a[id appro7ted in
k+eepi09 vuitti the Toiro[r`s existing aatr[ig,and historic d lapateht_ptte [�s, �acdir�gi
he_size and._Spacing_of structures. �
A complete copy of this proposed Local Lava is available on the town webslte:wWIA!.
outholdtownny.gioir or at the Town Clerics Office during normal business hours.
=DATED: DECEMBER 30,2.025
BY ORDER OF THE TORN BOARD i
jDENIS NONCARROW,SOUTHOLD TOWN CLERK
Kelly Johnson
Legal Notices
1
Office Hours are 8 a.m.to 4 p.m. Monday- Friday
The Day and Shore Publishing
200 State Street
New London, CT 06320
Legal Line :860-701-4410
Direct Line: 860-701-4371
From: Mudd,Jennifer<jennifer.mudd@town.southold.ny.us>
Sent:Wednesday, December 31, 2025 10:37 AM
To: David McCall (dmccall@fiferry.com) <dmccall@fiferry.com>; Evans, Louisa <louisae@town.southold.ny.us>; geb
cook<gcook@fiferry.com>; legal <legal@theday.com>
Cc:Stevens, Kate<kates@southoldtownny.gov>; Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda
<lynda.rudder@town.southold.ny.us>; Born, Sabrina<sabrina.born@town.southold.ny.us>
Subject: Emailing: Ch. 280 Wireless Com. Legal Notice
Good Morning,
Please publish in the following:
- 01/15/2026 edition of The Day
-Two (2) public places on Fishers Island
Thank you and Happy New Year!
Jen
Jennifer M.Mudd
Sub-Registrar and Deputy Town Clerk
Account Clerk
Southold Town Clerk's Office
53095 Route 25,P.O. Box 1179
Southold,NY 11971
Phone: 631-765-1800 ext. 1274
Fax: 631-765-6145
https:Hnam02 safelinks protection outlook com/?url=http%3A%2F%2Fwww southoldtownny.gov%2F&data=05%7CO2%
7Cle al%40theda .com%7Cc9dd5albb80d493f36ed08de4882ab6d%7C96341dbbOd66451086b30e227973d47c%7CO%7
CO%7C639027923523375068%7CUnknown%7CTWFpbGZsb3d8eyJFbXBOeU1 hcGkiOnRydWUsIIYiOiIwLiAuMDA
wMCIsIIAiOiJXaW4zMiIsIkFOIj oiTWFpbClsIldUljoyfQ%3D%3D%7CO%7C%7C%7C&sdata=8y2licJw2Ep5Ogbpa2v
Rj3EuumKLTk%2BB26VOLValpQk%3 D&reserved=0
Your message is ready to be sent with the following file or link attachments:
Ch. 280 Wireless Com.Legal Notice
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2
i
�Tje�uffoY�.�itue�.
SUFFOLK COUNTY
LEGAL NOTICE
AFFIDAVIT OF PUBLICATION
6_0'flTkiQLQj_oWx
NOTICE OF PUBLIC HEARING
The Suffolk Times
PO Box 1500, Mattituck, NY 11952 WHEREAS there has been
presented to the Town Board of
(518) 730-4551 the Town of Southold,Suffolk
County,New York,on the 30th day
State of New Jersey, County of Camden, ss: of December,2025,a Local Law
entitled"A_LocaL.Lavat_inJ<:elati o,.n_
fo_an-Amendment toJC.hapte.r
I,Yuade Moore, of lawful age, being duly sworn upon oath 280 Wireless Communications
depose and say that I am an agent of Column Software, PBC, Epcil.itics._'and now therefor be it.
duly appointed and authorized agent of the Publisher of The RESOLVED that the Town Board
Suffolk Times, a Weekly newspaper of general circulation, of the Town of Southold will hold
tinted and published in Mattituck, Suffolk County, New York, a public hearing t the aforesaid
p p Y Local Law at Southold Town Hall,
designated by the County Clerk of Suffolk County as a 53095 Main Road,Southold,New
newspaper of record;that the publication, a copy of which is 2026 at 6:00.p.m a which time a I
attached hereto,was published in the said newspaper on the interested persons will be.given an
following dates. opportunity to be heard.
Publication Dates: The proposed Local Law entitled,
"A LacaLLawinxelafionto_an_
• Jan 15, 2026 A m a n d m e n t t o Chapter-2-9
Wife_less_C_4mtnuniGatons
11
Notice ID: m10WvgEGS2gxSeiN9Jqg Eacil.iti.as—which reads as
follows:
Notice Name: Ch.280-Wireless Communications Facilities LOCAL_LAW.M.2026
Publication Fee: $80.64 ARTICLE XVII
Wireless Communication
s Facilities
U .P Acm r p.. BE IT ENACTED by the Town
Board
Agent SHARONN E THOMAS-POPE follows.of the Town of Southold as
NOTARY PUBLIC
VERIFICATION STATE OF NEW JERSEY Chapter 280,Article XVII is hereby
My Commission Expires January 23,2027 repealed'in Its entirety..
State of New Jersey A new.Chapter 280,Article XVII
County of Camden Wireless Communication Facilities
is hereby adopted as follows:
Signed or attested before me on this:01/16/2026
I.Rt>_rposex
S §280n57 l'utFose.
It is the express purpose of this
axticJ.e tomi.nimize the usual._
and-enAr-onmerdal_tnpacts.of-
Notary Public wireless commynJ_cation facilities
w.b.l e_Rr_oieetin g..the_he.a Ith,_.
Notarized remotely online using communication technology via Proof. safety._and,-vvelfare_af_Southold's...
citizens.It recognizes the
cruGial_ro..la_of reii.able_wireJ.ess..
coke"rage_f o,r_worktip ub lic-safety,_
education social connection and
reo.reaU4n,._and.all:awa._wlretess_
ser%dce_pr_oxi.ders to-meo-"heir_
technological and service
abJ.acfive;�.J.a.a.ddflen:tifhe_
regulation_.of_wirelessJaoiliti es,_
including the type of structure.
Ls_ir�tendei.:t.Q p�otec#_the
sceni,c-apd.aesthetir,equalities_
of the Town of Southold while
ine_efing-the comr_t-v0ty_'s need_
fo.rco ns_i.stent and de.pendahle.
coverage This article allows
wireless c9mmpn cation-ffacjlitie_s._
in_ce.rtain_preterredJocafi ons_
tobe reviewed and approved in
keeping_with the Tow_n_S ex sting-
zoning.and-h istorLc_develo pnt ent-
patterns including th size and
Ch.280-Wireless Communications Facilities i Page 1 of 2
sP-acing Qtrtr_ugkures
A complete copy of this proposed
Local Law is available on the town
website:www.southoldtownny.
gov or at the Town Clerk's Office
during normal business hours.
DATED:DECEMBER 30,2025
BY ORDER OF THE TOWN
BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERK
Ch.280-Wireless Communications Facilities Page 2 of 2
The 6uf f OYk Time.5.
i
INTERIM AD DFT
This is the proof of your ad scheduled to run in The Suffolk Times on the dates indicated below. If
changes are needed, please contact us prior to deadline at (518) 730-4551.
Notice ID:m10WvgEGS2gxSeiN9Jqg I Proof Updated: Dec.31,2025 at 10:22am EST
Notice Name:Ch. 280-Wireless Communications Facilities
See Proof on Next Page
This is not an invoice.Below is an estimated price,and'it is
subject to change.You will receive an invoice with the final
price upon invoice creation by the publisher.
FILER FILING FOR
Jennifer Mudd The Suffolk Times
jennifer.mudd@town.southold.ny.us
Columns Wide: 1 Ad Class: Legals
01/15/2026: 1.Public Notice-With 55.64
Affidavit
Affidavit Fee 25.00
Subtotal $80.64
Tax% 0
Processing Fee $0.00
Total $80.64
Ch. 280 - Wireless Communications Facilities - Page 1 of 2
SUFFOLK COUNTY spacing_of...stntctures.
LEGAL NOTICE
A complete copy of this proposed
SQUZH.OLD-TOWN Local Law is available on the town
NOTICE OF PUBLIC HEARING website:www.southoidtownn .
gov or at the Town Clerk's Office
WHEREAS there has been during normal business hours.
presented to the Town Board of
the Town of Southold,Suffolk DATED:DECEMBER 30,2025
County,New York,on the 30th day BY ORDER OF THE TOWN
of December,2025,a Local Law BOARD
entitled"A_ Lpc;aJ Lawn relalJorL DENIS NONCARROW,
to_an.Amendment.to_Chapter_. SOUTHOLD TOWN CLERK
280 Wireless Communications
Fac.11ities"and now therefor be it
RESOLVED that the Town Board
of the Town of Southold will hold
a public hearing on the aforesaid
Local Law at Southold Town Hall,
53095 Main Road,Southold,New
York,on the 10th day of February,
2026 at 6,00 p.m.at which time all
interested persons will be given an
opportunity to be heard.
The proposed Local Law.entitled,
A_Lo.callllaw_inxelatia.n_to_an_
Amendment to Chapter 280
W i.reless_Gotn.m.unicati oas:.
Facilities,"_which reads as
follows:
LOCAL..L W-NQ..202.6
ARTICLE XVII
Wireless Communication
Facilities
BE IT ENACTED by the Town
Board of the Town of Southold as
follows:
Chapter 280,Article XVII is hereby
repealed in Its entirety.
A new Chapter 280,Article XVII
Wireless Communication Facilities
is hereby adopted as follows:
I.Purpose,
§28ASzZP.tutpose.
Jt Is the exprespuspQse of this
artic..te...to.mltltmize.the visual_
and_environmental impacts_oL
wireless communication facilities
HrJ�fle_RroteGting,tlte_healtkt,_.
safety_and_welfare_oLsnuthald_s_
cozens.it recognizes the
crucial_rpJe_af_.reliab.J.e_w�re_le.ss_
coueragelor�vork,.p ub.lia safety,_
education,social coMection and
recreation,_and_allovvs-w.i.r_eless..
sm!Ge-providers-to_meet their_
teg incloyical and services
objective.s..._In_a dd..iton,.3be_
regulation_.ofavirelessda.cili3i,es,_
including the type of structure,
is_jntend ed_to_prratec_Me_
scenic_and"esiheti c_q uallties_
o t e Town of South d whi-
meeti.ft9_t�e catnmu.ntty's need
for_.co nsi.stent.and_de.pendable_
coverage.ThLgAdLc.Le allows_
w.ir..etess_communicatio.n feciJiti es
in-certai n_prefe rresllocati on s_
to bg revievy and proved in
keeping with the Town'_s.exlsting_
zoning_and_historic development_
p Mrns,_jncludina the size and
Ch. 280 - Wireless Communications Facilities - Page 2 of 2
i
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 3111 day of December,2025, a notice of which the annexed
printed notice is a true copy was affixed, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County,New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold
Town Website: www.southoldtownny.gov
A Local Law in relation to an Amendment to ha er 280 Wireless
Communications Facilities
LX Denis Noncarrow
Southold Town Clerk
Sworn to before me on the
31' day of December, 2025
otary Public
,,?
JENNIFER M MUDD
NOTARY PUBLIC.STATE OF NEW YORK
Registration No.01MU6429053
Qualified In Suffolk County Q
My Commission Expires February 07,21t,��,�
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,
on the 301h day of December, 2025, a Local Law entitled "A Local Law in relation to an Amendment to
Chapter 280 Wireless Communications Facilities," and now therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the loth day of February, 2026 at
6:00 p.m. at which time,all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Wireless
Communications Facilities," which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280, Article XVII is hereby repealed in its entirety.
A new Chapter 280, Article XVII Wireless Communication Facilities is hereby adopted as follows:
I. Purpose.
8280-67 Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of wireless
communication facilities while protecting the health, safety and welfare of Southold's citizens. It
recognizes the crucial role of reliable wireless coverage for work, public safety, education, social
connection and recreation,and allows wireless service providers to meet their technological and service
obiectives In addition, the regulation of wireless facilities, including the type of structure, is intended to
protect the scenic and aesthetic qualities of the Town of Southold while meeting the community's need for
consistent and dependable coverage This article allows wireless communication facilities in certain
preferred locations to be reviewed and approved in keeping with the Town's existing zoning and historic
development patterns, including the size and spacing of structures.
A complete copy of this proposed Local Law is available on the town website: www.southoldton=.gov or at
the Town Clerk's Office during normal business hours.
DATED: DECEMBER 30, 2025
BY ORDER OF THE TOWN BOARD
DENIS NONCARROW, SOUTHOLD TOWN CLERK
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York,
on the 301h day of December, 2025, a Local Law entitled "A Local Law in relation to an Amendment to
Chapter 280 Wireless Communications Facilities," and now therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local
Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the loth day of February, 2026 at
6:00 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280 Wireless
Communications Facilities," which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280, Article XVII is hereby repealed in its entirety.
A new Chapter 280, Article XVII Wireless Communication Facilities is hereby adopted as follows:
1. Purpose.
4280-67 Purpose.
It is the express purpose of this article to minimize the visual and environmental impacts of wireless
communication facilities while protecting the health, safety and welfare of Southold's citizens. It
recognizes the crucial role of reliable wireless coverage for work, public safety, education, social
connection and recreation,and allows wireless service providers to meet their technological and service
obiectives In addition, the regulation of wireless facilities, including the type of structure, is intended
to protect the scenic and aesthetic qualities of the Town of Southold while meeting the community's
need for consistent and dependable coverage This article allows wireless communication facilities in
certain preferred locations to be reviewed and approved in keeping with the Town's existing zoning
and historic development patterns, including the size and spacing of structures.
§280-68 Scope.
The regulations of this article shall govern and control the erection, enlargement, expansion,
alteration, operation, maintenance, relocation and removal of all wireless communication facilities.
The regulations of this article relate to the location and design of these facilities and shall be in
addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or
local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or
other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to,
prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support
structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the
Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are
used for individual business or residential voice, data, or video communications.
II. Amendments.
&280-69 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
ANTENNA -An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be
operated or operating from a fixed location pursuant to the Federal Communications Commission
(FCC) authorization, for the provision of personal wireless service and any commingled information
services For purposes of this definition, the term antenna does not include an unintentional radiator,
mobile station or device authorized under Part 15 of Chapter 1, Title 47 of the Code of Federal
Regulations.
ANTENNA EQUIPMENT - Equipment, switches,wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna, and,when collocated on
a structure, mounted or installed at the same time as such antenna.
ANTENNA SUPPORT STRUCTURE - See definition of"Tower".
APPLICANT (Personal wireless service facility) - A person or entity that submits a siting application
and the agents, employees and contractors of such person or entity.
APPLICATION (Personal wireless service facility) -A written submission to the Town requesting
authorization for the deployment of a personal wireless service facility at a specified location.
BASE STATION -A structure or equipment at a fixed location that enables Commission-licensed or
authorized wireless communications between user equipment and a communications network. The
term does not include any structure that at the time the relevant application is filed with the State or
local government under this section, does not support or house equipment described in (1) and (2)
below. The term does not encompass a tower as defined herein or any equipment associated with a
tower. "Base Station" includes, but is not limited to:
Equipment associated with wireless communications services such as private, broadcast
and public safety services, as well as unlicensed wireless services and fixed wireless
services, such as a microwave backhaul; and
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power
supplies and comparable equipment, regardless of technological configuration
(including Distributed Antenna Systems and small-cell networks) ; and
Any structure other than a tower that, at the time the relevant application is filed with
the State or local government, supports or houses equipment described in § 280-69 that
has been reviewed and approved under the applicable zoning or siting process, or under
another State or local regulatory process, even if the structure was not built for the sole
or primary purpose of providing such support.
Examples include antenna and related equipment mounted on a rooftop,water tank, silo or other
above-ground structure other than a tower.
COLLOCATION (on an eligible support structure) - Mounting or installation of transmission
equipment on an eligible support structure for the purpose of transmitting and/or receiving radio
frequency signals for communications purposes.
COLLOCATION (on a base station with no existing personal wireless facility equipment) - Mounting
or installing transmission equipment on a pre-existing structure; and/or modifying a structure for the
purpose of mounting or installing an antenna on that structure.
CONCEALMENT (Personal wireless service facility) - A tower, base station or utility pole that is not
readily identifiable as a wireless communication facility and that is designed to be aesthetically
compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area.
Some of the types of concealment include but are not limited to faux dormers, faux facades, parapets,
steeples, faux chimneys and unipoles/monopoles with canisters, monopoles characteristic of the area
and other similar type facilities.
DEPLOYMENT - The placement, construction or modification of a personal wireless service facility.
ELIGIBLE FACILITIES REQUEST -Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or base station,
involving:
(1) Collocation of new transmission equipment; or
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE -Any tower or base station as defined in V80-69, provided
that it is existing at the time the relevant application is filed with the State or local government.
EQUIPMENT SHELTER OR EQUIPMENT CABINET -An enclosed structure or equipment
cabinet associated with the antenna mount on a tower or base station for a PWSF facility.
EXISTING (Personal wireless service facility) - A constructed tower or base station is existing for
purposes of this definition if it has been reviewed and approved under the applicable zoning or siting
process, or under another State or local regulatory review process where the tower was not in a zoned
area when it was built, but was lawfully constructed.
FACILITY- See Personal wireless service facility.
FALL ZONE -The area on the ground within a prescribed radius from the base of a wireless
communications facility. The fall zone is the area within which there might be a potential hazard from
falling debris or collapsing material, including the antenna support structure.
GEOGRAPHIC SEARCH RING - An area designated by a wireless provider or operator for a new
base station, produced in accordance with generally accepted principles of wireless engineering.
GUYED ANTENNA SUPPORT STRUCTURE -An antenna support structure that is supported, in
whole or in part, by guy wires and ground anchors.
HEIGHT When referring to a tower or base station, the height is the distance from the top of the
structure at its highest point, including antennas, lightning protection devices or any other apparatus
attached to the top of the antenna support structure, to the base of the structure, measured in feet
above ground level (AGL) Absolute height is the distance from the top of the structure, including all
attachments, to the height of mean sea level (MSL).
LATTICE ANTENNA SUPPORT STRUCTURE -An antenna support structure that has open-
framed supports on three or four sides and is constructed without guy wires and ground anchors.
MACRO WIRELESS FACILITY-Antenna, support structures or base stations which are larger
than the parameters set for small wireless facilities defined in the Definitions.
MODIFICATION The addition, removal, or change of any of the physical and visually discernible
components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters,
landscaping, fcncing, utility feeds, changing the color or materials of any visually discernible
components,vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a
new wireless carrier or service provider (collocation) to a wireless communications tower or site is a
modification Modifications also include• extending the height of the antenna support structure above
its current height, changing the footprint of the structure, expansion of the base station equipment or
compound area, addition of antennas to an existing carrier's antenna array, re-orientation or
relocation of existing antennas, chanlZes affecting the operating frequencies, effective radiated power
or number of operating channels A modification shall not include ordinary maintenance, as defined
herein.
MONOPOLE-A freestandinE antenna support structure consisting of a single pole,without guy wires
or ground anchors.
MOUNT - The structure or surface upon which antennas are mounted and/or the location of the
antenna, e.g.:
(1) ROOF-MOUNTED - Mounted on the roof of a building.
(2) SIDE-MOUNTED -Mounted on the side of a building.
(3) STRUCTURE-MOUNTED -Mounted on a structure other than a building.
(4) FLUSH-MOUNTED -Mounted very close on a building or structure so that the profile
of the antenna(s) is not readily apparent.
(5) INTERIOR-MOUNTED-Mounted within a building or other structure so that the
antennas are not visible from the outside.
(6) GROUND-MOUNTED -Mounted on the ground.
ORDINARY MAINTENANCE -Work done to an existing wireless telecommunications facility and
antenna support structure for the purpose of maintaining them in good operating condition. Ordinary
maintenance includes inspections and testing to maintain functionality, aesthetic and structural
integrity, and involves the normal repair of a wireless facility including the like-for-like replacement
of damaged or defective components without otherwise adding, removing, or substantially changing
anything and therefore does not include modifications._
PERSONAL WIRELESS SERVICE FACILITY (PWSF) - An antenna facility or a structure that is
used for the provision of personal wireless service,whether such service is provided on a stand-alone
basis or commingled with other wireless communication services.
RADIO FREQUENCY (RF) EMISSIONS OR RADIATION - The electromagnetic field of radiation
emitted by wireless antennas.
RADIO FREQUENCY(RF)PROFESSIONAL-A person who specializes in the study of radio
frequency engineering and has expertise in radio communication facilities.
RADIO FREQUENCY (RF) SIGNAL - The actual beam or radio waves sent and received by a
wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-
product.
SITE (Personal wireless service facility) -For a tower other than a tower in the public right-of-way,
the current boundaries of the leased or owned property surrounding the tower and any access or utility
easements currently related to the site, and,for other eligible support structures, further restricted to
that area in proximity to the structure and to other transmission equipment already deployed on the
ground The current boundaries of a site are the boundaries that existed as of the date that the original
support structure or a modification to that structure was last reviewed and approved by a State of local
government,if the approval of the modification occurred prior to the Spectrum Act of 2012 or
otherwise outside the section 6409(a) process.
SITING APPLICATION- See"Application (Personal Wireless Service Facility)"
SMALL WIRELESS FACILITY-Facilities that meet each of the following conditions:
(1) The facilities:
(a) Are mounted on structures fifty feet (50') or less in height, including their antennas;
or
(b) Are mounted on structures no more than ten percent (10%) taller than other
adiacent structures; or
(c) Do not extend existing structures on which they are located to a height of more than
fifty feet (50') or by more than ten percent (10%), (whichever is greater);
(2) Each antenna associated with the deployment, excluding associated antenna equipment is
no more than three (3) cubic feet in volume; and
(3) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than twenty-eight(28) cubic feet in volume; and
(4) The facilities do not require antenna structure registration by the FCC; and
(5) The facilities are not located on Tribal lands; and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in Code of Federal Regulations 1.1307(b).
STRUCTURE (Personal wireless service facility) - A pole, tower, base station or other building,whether
or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless
service (whether on its own or commingled with other types of services).
SUBSTANTIAL CHANGE (Personal wireless service facility) -A modification substantially changes the
physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) For towers other than towers in the public rights-of-way, it increases the height of the
tower by more than ten percent (10%) or by the height of one (1) additional antenna array
with separation from the nearest existing antenna not to exceed twenty (20) feet,whichever
is greater; for other eligible support structures it increases the height of the structure by
more than ten percent(10%) or more than ten feet (101),whichever is greater.
(a) Changes in height should be measured from the original support structure in cases
where deployments are or will be separated horizontally, such as on buildings'
rooftops; in other circumstances, changes in height should be measured from the
dimensions of the tower or base station, inclusive of originally approved
appurtenances and any modifications that were approved prior to the passage of the
Spectrum Act.
(2) For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the tower
more than twenty (20) feet, or more than the width of the tower structure at the level of the
appurtenance,whichever is greater; for other eligible structures, it involves adding an
appurtenance to the body of the structure that would protrude from the edge of the
structure by more than six (6) feet.
(3) For any eligible support structure, it involves installation of more than the standard
number of new equipment cabinets for the technology involved, but not to exceed four
cabinets; or, for towers in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are not pre-existing ground cabinets
associated with the structure, or else involves installation of ground cabinets that are more
than ten percent (10%) larger in height or overall volume than any other ground cabinets
associated with the structure;
(4) It entails any excavation or deployment outside of the current site, except that, for towers
other than towers in the public rights-of-way, it entails any excavation or deployment of
transmission equipment outside of the current site by more than thirty (30) feet in any
direction The site boundary from which the thirty (30) feet is measured excludes any
access or utility easements currently related to the site;
(5) It would defeat the concealment elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the construction
or modification of the eliizible support structure or base stations equipment, provided
however that this limitation does not apply to any modification that is non-compliant only
in a manner that would not exceed the thresholds above.
TRANSMISSION EQUIPMENT -Equipment that facilitates transmission for any Commission-licensed
or authorized wireless communication service, including, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, and rel4ular and backup power supply. The term includes equipment
associated with the wireless communications services including, but not limited to, private, broadcast,
and public safety services, as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
TOWER Any structure built for the sole or primary purpose of supporting any Commission-licensed or
authorized antennas and their associated facilities, including structures that are constructed for wireless
communications services including, but not limited to private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the
associated site A tower may be concealed (examples include but are not limited to faux trees, unipoles,
flag poles) or non-concealed such as: monopole.
UTILITY POLE -Any pole or structure designed to maintain, or used for the purpose of lines, cables, or
wires for communications, cable, electricity, street lighting, other lighting standards, or comparable
standards.
WIRELESS CARRIER—A company that provides wireless telecommunications services.
WIRELESS COMMUNICATIONS FACILITY—Antenna or antenna support structure and base
equipment, either individually or together, including permanent or temporary movable facilities (i.e.,
wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any
wireless service.
WIRELESS MASTER PLAN—The Town of Southold Wireless Communications Master Plan dated
June 27, 2025.
WIRELESS SERVICES —Commercial mobile services, unlicensed wireless services, and common-
carrier wireless exchange services, including, but not limited to, voice, data, images or other
information, cellular telephone service, personal communications service (PCS), enhanced specialized
mobile radio (ESMR) service, and paging service.
§280-70 General Requirements for All Wireless Communication Facilities.
All wireless facilities, including collocations, shall be the least visually obtrusive design possible that also
permits the applicant to achieve its service needs To that end, the following design standards shall apply
to all wireless communication facilities installed or constructed pursuant to the terms of this chanter.
A No wireless communication facility shall be used, erected or altered in the Town of Southold
except in accordance with the provisions of this article and any other applicable sections of the
Town Code.
B. Before securing a lease for a subject property or a right-of-way agreement for a new wireless
communication facility, the Applicant, service provider, or tower owner must hold a
pre development meeting with the planning department and building inspector. During this
meeting the following will be discussed, the proposed project, location, and potential alternatives
to the wireless communication facility. These alternative options do not have to be entirely
different from the proposed personal wireless service facility; however, they should have
measurable differences, such as:
(1) Location. An alternative could be located on a different property than the proposed
personal wireless service facility.
(2) Siting. An alternative could be in a different place on the same property as the proposed
personal wireless service facility.
(3) Design. An alternative could be of the same height, location and siting as the proposed
personal wireless service facility but be designed to appear differently.
(4) Change in community scale, as exhibited in relative height, mass or proportion of the
personal wireless service facility within its proposed surroundings
(5) For painted monopoles, visible elements proposed on a contrasting background
(6) Use of materials that are not characteristic of the existing built environment.
(7) Conservation of opportunities to maintain community scale, not compromising buffering
areas and low-lying buildings so as to start a trend away from the existing community
scale.
(8) Amount and diversity of landscaping and/or natural vegetation.
(9) Preservation of view corridors,vistas, and view sheds.
(10) Additionally, the applicant shall provide a geographic search ring for a new tower or base
station along with an evaluation that collocation on an existing tower or base station or
structures within the applicant's geol4raphic search ring is not reasonably feasible because
collocation is technically or commercially impractical or the owner of the existing tower or
base station or structure is unwilling to enter into a contract for such use at fair market
value Evaluation shall also include evidence that no existing or previously approved tower
or base station can reasonably be used for the wireless communications facility placement
instead of the construction of a new tower or base station; that residential, historic, and
designated scenic areas cannot be served from outside the geographic search ring; or that
the proposed height of a new tower or base station or a proposed height increase of a
substantially modified tower or base station, or replacement tower or base station or
collocation is necessary to provide the applicant's designed service.
C. All wireless communication facilities, and modifications to such facilities (as defined in
280-69) shall require a building permit, a Wireless Facility Planning Permit, and in some
instances a special exception approval.
D No new personal wireless service facility(PWSF) may be constructed without a carrier licensed
by the FCC as a provider. An FCC-licensed provider of wireless communications services must
either be the applicant or the co-applicant or have executed a lease agreement with the
applicant for any proposed new wireless communication facility, collocation or modification.
A copy of the executed lease agreement with redaction of financial terms shall be provided as
part of the application.
E. Location of wireless facilities.
(1) Applicants for wireless communications facilities shall locate, site and erect said
wireless facilities in accordance with the following priorities,with (a) being the most
preferred option and (i) being the least preferred.
(a) Collocation on an eligible support structure not exceeding the definition of
substantial change;
f 11 On Town-owned property,
[21 In the right of way.
[31 On other property in the Town.
(b) Collocation on an existing base station or tower exceeding the definition of
substantial change.
(c) Replacement of an existing tower to add collocations, improve coverage and/or
structural capacity.
(d) New collocation on a new base station with no pre-existing wireless
communication facility equipment;
[11 On Town-owned property.
[21 In the right-of-way.
[31 On the other taxing districts' property.
[41 On other property in the Town.
(e) A tower:
[11 Within a one-half-mile geographic search ring of potential tower locations by
design type and height identified in the Wireless Master Plan
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
[21 On Town-owned property
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
d. Lattice tower
f31 On other taxing districts' property
a. Concealed tower
b. Painted monopole
C. Non-painted monopole
d. Lattice tower
(f) A tower on other property in the LI or LIO Zoning Districts.
[11 Concealed tower
[21 Painted monopole
(31 Non-painted monopole
[41 Lattice tower
(g) A tower on other property in the MI, MII, B or HB Zoning Districts.
f 11 Concealed tower
f 21 Painted monopole
f31 Non-painted monopole
[41 Lattice tower
(h) Replacement of an existing utility pole in the same location as the existing pole
or a small wireless facility in public right-of-way.
(i) New utility pole for a small wireless facility in:
[11 Public right-of-way
[21' Private right-of-way
(D A new tower on other property a minimum of two acres in size in the AC, R-40,
R-80, R-120, LB, RO, RR,HD or AHD Zoning Districts'. Towers are not allowed
in R-200 or R-400 districts.
Ill Concealed tower
f21 Painted monopole
[31 Non-painted monopole
[41 Lattice tower
(2) If the proposed wireless communication facility is not proposed for the most preferred
option listed above, the applicant shall submit a written report demonstrating the
applicant's review of the above locations in order of priority, demonstrating the
technological reason for the site selection If appropriate, based on selecting a site of lower
Priority, a detailed written explanation as to why a more preferred location was not selected
shall be included with the application. The applicant seeking such an exception must
' New towers in single-familV residential districts or recorded residential subdivisions are only allowed on lots used for non-
residential purposes which have a minimum size of two(2)acres.
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
was not granted for the proposed site.
(3) An applicant may not bypass a more preferred location by stating the site proposed is the
only site leased or selected. An application shall address collocation as an option. If such
option is not proposed, the applicant must explain to the reasonable satisfaction of the
Town why collocation is commercially or otherwise impracticable.
(4) Notwithstanding the priorities above, the Town may, if satisfied with the explanation
provided by the applicant, approve any site located within an area in the above list of
priorities, provided that the Town finds that the proposed site is in the best interest of the
health, safety and welfare of the Town and its inhabitants and will not have a deleterious
effect on the nature and character of the community and neighborhood.
(5) Notwithstanding that a potential site may be situated in a most preferred location, the
Town may also disapprove an application for any of the following reasons:
(a) Conflict with safety and safety-related codes and requirements;
(b) Conflict with the historic nature or character of a neighborhood or historical
district;
(c) The use or construction of wireless facilities which is contrary to an already-
stated purpose of a specific zoning or land use designation;
(d) In a public right-of-way the placement and location of wireless facilities which
Would create an unacceptable physical risk, or the reasonable probability of such,
to residents, the public, employees and agents of the Town, or employees of the
service provider or other service providers;
(e) Conflicts with the provisions of this chapter.
F. Submittal requirements for all wireless communication facilities.
Payment of application fee(s).
Completed Wireless Facility Planning Permit Application and if applicable a Wireless
Facility Special Exception Application with original signatures for the applicant and all co
applicants applying for the application with indication if the applicant or co-applicant will
be represented by an agent, original signature authorizing the agent to represent the
applicant and/or co-applicant.
If the applicant is not the owner or person in control of the personal wireless service facility
and/or site, a written declaration under penalty of perjury that the owner or person in
control of the personal wireless service facility and/or site has consented to the proposed
facility or modification.
(a) The current and/or intended wireless service provider(s), as applicable for the
application, shall be indicated on the site plan with documentation provided by the
service provider(s).
Structural integrity
(a) A structural analysis signed and sealed by a Professional Engineer in the State of
New York the entire tower or base station and all appurtenances are designed
pursuant to the design requirements of ASCE 7, including wind speed design
requirements, and tower loading/wind design requirements of Electronic Industries
Association/Telecommunications Industry Association (ANSI/TIA) 222-H, Risk
Category II and Exposure Category C standards, and any subsequent modification
to those specifications.
(b) Collocation modifications on existing eligible support facility using existing antenna
mounts shall also provide a mount analysis meeting same standard as (c)(i) above.
(4) RF Compliance
(a) For new towers and new collocations: A signed statement from an RF engineer
competent to opine as to RF emissions compliance stating that the radio frequency
emissions comply with FCC standards for such emissions as set forth in 47 CFR
1 1307, 1310, 2 091 or 2.093, as applicable (Report and Order,ET Docket 93-62
(Guidelines for Evaluatiniz the Environmental Effects of Radiofrequency
Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order
and Notice of Proposed Rule Making,ET Docket 93-62 (WT Docket 97-192), 12
FCC Rcd 13494 (1997).
(b) For Eligible Facility Requests: In addition to (d)(i) above, any eligible facility
collocation, modification, or upgrade application shall contain a signed statement
from an RF engineer competent to opine as to the RF emissions confirming that
following installation, the composite facility will remain in compliance with FCC
standards as stated in OET-65.
(5) Scenic landscapes and vistas All PWSF located within or adjacent to a Town or state-
designated scenic vista or scenic landscape or road shall be located in a manner that
minimizes its visual impact on said scenic vista, landscape, or road.
(6) Sims Only required safety and contact information signage shall be permitted on any
PWSF Safety signs shall be in accordance with American National Standards Institute
(ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify
all service providers located on the facility and shall include normal and emergency
contact information for each Such signs shall not exceed five square feet in surface area.
(7) Noise from base equipment, including any backup generator, measures less than 45dB at
all adjacent property lines.
(8) Lighting: All base stations and towers are subject to the following:
(a) Security and safety lighting of equipment buildings shall be appropriately shielded
to keep light within the boundaries of the wireless communications site.
(b) Any lighting required by the FAA must be of the minimum intensity and number of
flashes per minute (i.e., the longest duration between flashes) allowable by the FAA.
(c) Ground-based security and safety lighting shall only be illuminated as needed
(d) Lights shall be filtered or oriented so as not to project directly onto surrounding
property or rights-of-way, consistent with FAA requirements
(e) Only red lighting at dark shall be utilized on the tower or base station unless
otherwise required by FAA guidelines.
(9) Access: Access to wireless facilities located outside the street right-of-way should be from
already established site access points whenever possible. If access to the proposed tower or
base station does not exist, then a driveway, turnaround and required parking shall be
provided on site.
(10) Parking: Each PWSF located outside the right-of-way must have at least one designated
parking space on site.
(11) Hazardous materials The applicant shall list location, type and amount of any materials
proposed for use within the personal wireless service facility, including those used as fuel
for generators, that are considered hazardous by the federal, state or local government.
(12) Proof of FAA compliance with Subpart C of the Federal Aviation Regulations,Part 77, and
"Objects Affecting Navigable Airspace," if applicable.
(13) Interference with Public Safety Communications. In order to facilitate the regulation,
placement, and construction of antenna, and to ensure that all parties are complying to the
fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each
wireless provider shall agree in a written statement to the following:
(a) Compliance with "Good Engineering Practices" as defined by the FCC in its rules
and regulations.
(b) Compliance with FCC regulations regarding susceptibility to radio frequency
interference, frequency coordination requirements, general technical standards for
power, antenna, bandwidth limitations, frequency stability, transmitter
measurements, operating requirements, and any and all other federal statutory and
regulatory requirements relating to radio frequency interference (RFI).
(c) Whenever the Town has encountered radio frequency interference with its public
safety communications equipment, and has reasonable cause to believe that such
interference has been or is beinIZ caused by one or more wireless facility antenna
arrays, the following steps shall be taken:
[11 The Town shall provide written notification to all wireless service providers
operating in the Town of possible interference with the public safety
communications equipment, and upon receipt of such notifications, the
wireless providers shall use their best efforts to cooperate and coordinate
with the Town and among themselves to investigate and mitigate the
interference, if any, utilizing the procedures set forth in the ioint wireless
industry-public safety "Enhanced Best Practices Guide," released by the
FCC in Appendix D of FCC 04-168 (released August 6,2004), including the
"Good Engineering Practices," as may be amended or revised by the FCC
from time to time in any successor regulations.
[21 If any wireless provider fails to cooperate with the Town in complying with
the owner's obligations under this section or if there is a determination of
radio frequency interference with the Town's public safety communications
equipment, the wireless provider who failed to cooperate and/or the wireless
provider which caused the interference shall be responsible for reimbursing
the Town for all costs associated with ascertaining and resolving the
interference, including but not limited to any engineering studies obtained by
the Town to determine the source of the interference. For the purposes of this
subsection, failure to cooperate shall include failure to initiate any response
or action as described in the "Enhanced Best Practices Guide" within
twenty-four (24) hours of Town's notification.
G. Small Wireless Facilities In addition to §280-70 A through F the following applies to all small
wireless facilities:
(1) An executed agreement with the Town to use the Town's right-of-way.
(2) Small wireless facilities shall not exceed the size dimensions of the small wireless facility
definition The Applicant shall include calculations demonstrating in detail the applicant
meets the definition of small wireless facility.
(3) An aerial map showing the location of the proposed small wireless facility.
(4) A street view map to scale showing the proposed site location and property frontages
within 100 feet in each direction parallel the right-of-way.
(5) An accurate site plan which identifies any easements, rights-of-way, sidewalks, driveways,
and the type and location of existing aboveground and, if applicable, underground utilities.
(6) Photo simulation with before and after images from at least two (2) reasonable line-of-sight
locations near the proposed project location. The photo simulations must be taken from
the viewpoints of the greatest pedestrian or vehicular traffic.
(7) A photo rendering shall be provided of the proposed small wireless facility that depicts
aesthetic features including, but not limited to, the use of colors and if applicable,
concealment with "before and after" installation exhibits.
(8) No portion of a small wireless facility shall obstruct pedestrians,vehicular, bicycle access,
sight lines or visibility for traffic, traffic signage or signals, or interfere with access by
persons with disabilities.
(9) No small wireless facility shall conflict with any utilities located within the public right-of-
way.
(10) Equipment boxes, including meters, for small cell wireless facilities may be located on the
ground or attached on the pole at a height that does not interfere with pedestrian or
vehicular traffic, public views, and traffic signs or signals. Equipment boxes and meters
attached to the utility pole shall be surrounded by a shroud painted to match the pole.
(11) Cables, if not located inside the pole, shall be placed in conduit painted to match the pole
from the meter box to the antenna.
(12) Tree topping (removal of tree crown) or the improper pruning of trees is prohibited. Any
proposed pruning or removal of trees shrubs or other landscaping already existing in the
right-of-way must be noted in the application and must be reviewed and meet the approval
of the Town.
(13) Applicants shall include an attestation that the small wireless facilities shall be activated for
use by a wireless services provider to provide service no later than one (1)year from the
permit issuance date, unless the Town and the wireless provider agree to extend this
period, or a delay is caused by a lack of commercial power at the proposed site.
(14) Small Wireless Facilities in Historic Districts. Any application proposing the installation of
small wireless facilities within a designated historic district shall comply with the following
requirements:
(a) Concealment techniques shall be designed to be consistent and harmonious with the
nature and character of the historic district, including color, shape and size of
proposed equipment.
(b) New utility poles or wireless support structures shall be designed to match the size,
girth, and design of any existing utility poles or other wireless support structures
located in the historic district right-of-way, i.e. decorative light poles or banner
op les.
(c) This subsection shall not be construed to limit the Town's enforcement of historic
preservation in conformance with the requirements adopted pursuant to the
National Historic Preservation Act of 1966, 54 U.S.C. 4 300101 et seq., and the
regulations adopted to.implement those laws, or Section 14.09 of the New York State
Historic Preservation Act of 1980.
(15) Additional items for collocations on existing utility poles (not replacement).
(a) New collocations shall:
[11 Only be mounted on structures fifty (50) feet or less in height including the
antennas; or
[21 Only be mounted structures no more than ten (10) percent taller than other
adjacent structures or;
l31 Not extend existing structures on which they are located to a height of more
than fifty (50) feet or by more than ten (10) percent,whichever is greater.
(16) Additional items for the replacement of an existing wood utility pole.
(a) Replacement poles shall be designed with considerations of height, girth, scale,
color, texture and architectural design of any existing utility poles or other vertical
structures located in the right-of-way where the new facility is proposed.
(b) Antenna, meter boxes and ancillary equipment shall be surrounded by a shroud
painted to match the color of the existing or replacement utility pole
(17) Additional requirements for new poles (not a replacement utility pole).
(a) Spacing requirements for small wireless facilities.
[11 To minimize the adverse visual impacts from the proliferation of antennas
and associated above-ground equipment for small wireless facilities, no small
wireless facility in the right-of-way shall be located, to the extent practicable,
within one hundred sixty-five (165) feet of any other small wireless facility in
the same right-of-way, unless the wireless service provider desiring to install
small wireless facilities less than one hundred sixty-five (165) feet apart
demonstrates to the Town's satisfaction why such placement is necessary.
[21 No small wireless facilities shall be placed in front of structure and shall be
located as close to the shared side yard lot line as possible.
131 In a residential street right-of-way, all small wireless facilities located
adjacent to residential structures shall be placed in the right-of-way at
locations where they are at least one hundred (100) feet from the base of the
facility to any residential structure whenever possible.
[41 If a right-of-way has residential structures on only one (1) side of the street,
small wireless facilities shall be located on the opposite side of the right-of-
way whenever possible.
[51 Where a right-of-way has residential or commercial structures on only one
(1) or both sides of the street, the small wireless facilities shall be located as
close to the commercial structure whenever possible.
(b) All new concealed small wireless facilities shall be designed with considerations of
height, girth, scale, color, texture and architectural design of any existing utility
poles or other vertical structures located in the same right-of-way, i.e. decorative
light poles or design of the buildings parallel the rights-of-way where the new
facility is proposed. All cables, conduits, electronics, meters and wires shall be
enclosed within the structure.
H. Eligible facility request. In addition to V80-70 A through F the applicant must demonstrate in
writing that the proposed modification or collocation does not exceed any part of the definition of
substantial change.
I New concealed collocation on a pre-existing base station with no existing wireless communications
equipment. In addition to 4280-70 A through F the following applies:
(1) Height limited to no more than 10 feet above the highest point of the building.
(2) The wireless equipment for a concealed base station, including all antennas, antenna
arrays, transmission lines, equipment enclosures of other ancillary equipment, must not be
visible from outside the building or structure housing the facility.
(3) When a wireless communication facility extends above the roof height of a building on
which it is mounted, every effort shall be made to conceal the facility within or behind
existing architectural features to limit its visibility from public and residential vantage
points,yet permit the facility to perform its designated function.
(4) Facilities mounted on a roof shall be recessed from the front facade in order to limit their
impact on the building's silhouette. If antennas are part of the recessed facility, the
applicant shall submit an access control plan that precludes inadvertent access to the front
faces of the antennas by building workers and the general public. The wireless
communication facilities shall blend in with the existing building's architecture and shall be
painted or shielded with material which is consistent with the design features and materials
of the building.
(5) Facade side-mounted facilities shall be flush-mounted and painted or otherwise
Camouflaged to blend with the facade or background materials of the structure.
(6) Any structural or design changes to the building or structure necessary to accommodate
the new wireless communications equipment shall be harmonious with the design and
architectural style of the building or structure and must comply with all applicable land
use regulations and design standards.
(7) PWSF equipment may be placed inside any portion of an existing building.
(8) PWSF equipment may be placed inside portions of existing noncomplying buildings that
currently exceed the height limit for the zone as long as no exterior design changes or
height increases are made to the portion of the building housing the enclosed facility.
(9) Interior-mounted facilities in existing buildings shall be constructed so that the outward
appearance of the building or structure before and after the installation is complete is
identical or nearly identical.
J Towers In addition to §280-70 A through F the following applies to new towers:
(1) Towers shall not be located in the following areas without a permit from all jurisdictional
agencies
(a) Wetlands, tidal and freshwater.
(b) Land above high groundwater (within 10 feet of the surface).
(c) Lands purchased with Community Preservation Funds.
(d) Coastal erosion hazard areas.
(e) Designated parkland.
(2) Lot Size. Minimum lot size in non-residential zoning districts shall be in accordance with
the bulk schedule for each. Lot size in residential zoning districts and/or recorded
residential subdivisions shall be a minimum of two acres, or in accordance with the bulk
schedule for each zoning district,whichever is greater.
(3) Fall zones. An area with a radius equal to the height of the tower free of residential
habitable structures is required around the tower. A smaller fall zone may be allowed if
supported by a report submitted by a qualified structural engineer. The structural
engineer's report shall be submitted to and reviewed by the Town and corroborated by an
independent consultant hired by the Town that demonstrates that a smaller fall zone is
appropriate and safe.
(4) Setbacks.
(a) Setbacks for towers shall be equal to the determined fall zone of the tower or the
Bulk Schedule applicable to the principal uses for the zone in which the structure is
located,whichever is greater.
(b) The setbacks for all related ground equipment shall, at a minimum, meet the Bulk
Schedule setbacks for the zoning district's accessory uses.
(5) Collocation. All new towers and compounds shall be designed to accommodate a minimum
of four tenants on the tower, counting the launch tenant as one of the four.
(6) Height. Maximum Tower height (excluding lighting rod) is 140 feet in all districts where
permitted, or as provided in the Wireless Master Plan.
(7) Height iustification. A map indicating the applicant's existing radio frequency signal
propagation, a map indicating the applicant's proposed new radio frequency signal
propagation, and a map indicating the proposed improvements' coverage/capacity area for
the lowest and highest licensed frequencies,which provides sufficient justification for the
requested antenna height; or an affidavit from a radio frequency engineer, including the
qualifications of affiant, to justify the mounting height of the proposed new antenna.
(8) Balloon or Crane Test
(a) A balloon or crane test is required prior to generating the photo simulations to
demonstrate the proposed height and design type of the tower. The applicant shall
arrange to raise a colored balloon no less than three (3) feet in diameter at the
maximum height of the proposed tower and within twenty-five (25) horizontal feet
of the center of the proposed tower, or suspend a similar sized object from a crane
at the same height.
(b) The applicant must inform the Town and abutting property owners in writing of the
date and times, including alternative dates and times, of the test at least fourteen
(14) days in advance. The Town may also send a general email to town residents
with this information.
(c) A 3-foot by 5-foot sign with lettering no less than 3 inches high stating the purpose
of the balloon test shall be placed at the closest major intersection of the proposed
site.
(d) The balloon shall be flown, or the crane suspended, on a weekday for at least four
(4) consecutive hours during daylight hours on the date chosen. The applicant shall
record the weather, including wind speed during the balloon test.
(e) Re-advertisement will not be required if inclement weather occurs.
(9) Photographic simulation of pre-development and post-development views from the
street frontage of the existing property and surrounding properties to the north, south,
east, and west, and any other locations identified during the pre-development
conference.
(10) Color. When a monopole is painted, the color should be appropriate to the context of
the tower's location so that the tower is as unobtrusive as possible, unless otherwise
required by the Federal Aviation Administration (FAA).
(11) Visual impact analysis: renderings or computer graphics illustrating the appearance of
the completed facility from residential and public vantage points to be determined by
the Town during the pre-development meeting.
(12) Tower siting It is preferred that new towers sited on developed properties be located
to the rear of other principal buildings and shall not encroach on plantinIz buffers,
parking areas or otherwise impair the operation of previously approved systems such
as storm water drainage basins. Existing buildings and structures should be used in the
siting of new towers to contribute to the visual screening of the tower.
(13) Minimum distance of all wireless equipment to adjacent residential property lines or
street shall be equal to the fall zone setback or the underlying zoning district setback,
whichever is greater.
(14) Landscaping The ground equipment shall be screened from view from surroundin&
properties by dense vegetation and trees, either planted or existing, and meeting the site
design appearance criteria below.
(a) A screen of evergreen trees shall be planted outside the fence of the base
equipment area or shelter to provide a visual screen or buffer for adjoining
properties and the public right-of-way or other vantage points accessible to the
public The screen shall consist of a double row of evergreen shrubs and trees
that are of sufficient density and height to immediately screen the base
equipment from view.
(b) Required front yard setback areas shall be landscaped and include shrubs and
trees.
(c) An alternative method of compliance may be approved if it achieves the same
screening goals.
(d) Survivability of the landscaping shall be guaranteed and maintained by the
applicant for the life of the installation.
&280-71 Required Approvals.
All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall
require a Wireless Facility Planning Permit, a building permit, and in certain cases a special exception
approval will be required as follows:
A Administrative Approval: Wireless Facility Planning Permit and Building permit required by the
Planning and Building Departments.
(1) All applications for a Wireless Facility Planning Permit shall comply with the relevant
subsections in V80-70, General requirements for all wireless communication facilities,
and §280-74, application requirements.
(2) An application qualifies for administrative approval of a Wireless Facility Planning
Permit and a building permit if it conforms to the relevant subsections of&280-70 and
falls in one of the following three catellories:
(a) An eligible facility request
(b) Concealed base station
(c) A new tower within a one-half-mail geographic search ring of potential tower
locations identified in the Wireless Master Plan and also meet the suggested design
type and height in the Wireless Master Plan.
B. Planning Board Review and Approval:
(1) A Wireless Facility Planning Permit application requires review and approval by the
Southold Town Planning Board in the following circumstances:
(a) New collocations on structures without pre-existing wireless communication
equipment where the height is greater than 10 feet above the highest point of the
building; and
(b) Any application or collocation which exceeds the definition of substantial change
and presents aesthetic, siting location, or physical safety concerns.
C. Special exception.
In the following circumstances, a Special Exception application is required:
A new tower proposed to be located outside a one-half mile geographic search ring of potential
tower locations identified in the Wireless Master Plan. All applications for special
exception shall comply with the standards in §280-70, General requirements for all wireless
telecommunication facilities, and §280-724, application fees and requirements.
(1) Authority. For the purposes of this section, notwithstanding Article XXV of this
chapter, the Planning Board shall be empowered to issue a special exception approval
for wireless communication facilities, subject to the provisions of this chapter.
(2) Standards In addition to the standards in Article XXV of this chapter, no special
exception approval shall be granted unless the Planning Board specifically finds and
determines the following:
(a) Construction of the proposed facility or modification of the existing facility is a
public necessity, in that it is required to meet current or expected demands of
the telecommunications provider and to render adequate service to the public.
(b) The applicant has made substantial effort to co-locate with existing wireless
facilities or, failing that, has made substantial effort to locate on municipally
owned land or structures, or within or on existing buildings or structures.
(c) There are compelling reasons which make it more feasible to construct the
proposed facilities rather than alternatives.
(3) Matters to be considered In addition to the matters to be considered in Article XXV of
this chapter, the Planning Board shall give consideration to the following in issuing a
special exception approval for wireless communication facilities:
(a) The proposed antenna support structure must be demonstrated to be the lowest
height above the ground feasible to achieve the service needs of the carrier(s).
The rationale behind the explanation by the applicant must be corroborated by
an independent consultant hired by the Town.
(b) The wireless communication facility has been situated to minimize its proximity
and visibility to residential structures, residential district boundaries and
landmarks designated by Town,federal or state agencies.
(c) The wireless communication facility is designed and situated to be compatible
with the nature of uses on adjacent and nearby property.
(d) The wireless communication facility has been designed to use the surrounding
topography to minimize its visual impacts.
(e) The wireless communication facility has been designed to use the surrounding
tree, building or foliage coverage to minimize its visual impacts.
(f) The wireless communication facility maximizes design characteristics to reduce
or eliminate visual impacts and obtrusiveness.
(g) Other adequate conditions have been placed on the wireless communication
facility which will minimize any adverse impacts of the facility on adjoining
properties.
$280-72 Application Fees and Requirements.
A Fees The following fees will be set by the Town Board by resolution:
(1) Wireless Facility Planning Permit
(a) Eligible facility request
(b) New facility
(2) Building Permit application fees.
(a) Eligible facility request
(b) New facility
(3) Special exception application fee
(4) Review by independent consultants.
(a) The Town may hire any consultant(s).and/or expert(s) necessary to assist the
Town in reviewing and evaluating the application, including the construction
and modification of the site, once permitted, and any site inspections. An escrow
account shall be funded by the applicant with an initial deposit as determined by
the Planning Department, and based upon an estimate provided by the
consultant(s) No application shall be considered complete for review purposes
until an escrow account is established and funded.
(b) Withdrawals from said escrow account may be made from time to time to
reimburse the Town for the cost of its consultants' professional review services
actually incurred in connection with the review of any application including
where applicable, the lease negotiation, the preapproval evaluation, and the
construction and modification of the site,once permitted.The applicant shall
remain responsible for all costs of outside consultants in the event that said
escrow deposit is exhausted If such account is not replenished within 30 days
after the applicant is notified in writing of the requirement for such additional
deposit, the Planning Board may suspend its review of the application.
(c) The consultant(s)will work under the direction of the Town Planning Director.
Copies of the consultants' qualifications,findings and reports will be provided to
the applicant and an opportunity given to the applicant to respond to the content_
of the consultants' report prior to any decisions being made. In the event that the
amount held in escrow by the Town is more than the amount of the actual
invoicing at the conclusion of the project, the remaining balance shall be
promptly refunded to the applicant.
B. Wireless Facility Planning permit application requirements
(1) Copies of all applicable FCC licenses, notices of proposed construction or alteration,
federal environmental impact statements and other documents verifying compliance with
federal, state and local regulations.
(2) Zoning narrative and supporting documents addressing each standard -4280-70 A through
F and the additional relevant subsection(s) following §280-70 A through F.
(3) Digital files of the propagation and gap maps, including attribute information, in a
geographic information system(GIS)format and projection that is compatible with the
GIS technology currently in use by the Town of Southold.
(4) A copy of the deed or lease agreement establishing applicant's right to use the parcel on
which the wireless communication facility is to be located.
(5) Aeronautical study or appropriate consultant's report demonstrating that the proposed
facility will not constitute an obstruction or hazard to air navigation.
(6) Visual impact analysis: renderings or computer graphics illustrating the appearance of
the completed facility from residential and public vantage points to be determined by
the Planning Board.
(7) Adjacent land uses, structures and zoning within 500 feet.
(8) The location in latitude and longitude, type and height of the wireless communication
facility.
(9) If applicable, a list of other carriers already located on the facility,with the number,
type height, orientation, effective radiated power, number of channels and operating
frequencies of each antenna, including the proposed.
(10) Digital information about the facility (AutoCAD, Shape file) that can be imported into a
geographic information system depicting the search ring of the proposed facility.
(11) A photo of the facility, if already existing._
(12) Location of landmarks listed by federal, state or Town agencies within 300 feet.
(13) Distances between the proposed facility and the following:
(a) The nearest residential structure.
(b) The nearest property line with a residential use.
(c) All other structures.
(d) Roads, rights-of-wav, driveways.
(14) Fall zone radius and distance.
(15) Proposed means of access.
(16) Elevation drawings with dimensions clearly indicated, including diameter or width of
the structure at its widest and narrowest, and the tallest point, including antennas or
lightning protection.
(17) Other information deemed by the Town to be necessary to assess
compliance with this article.
C. Special exception application. To make the determination on an application for special
exception, the Planning Board shall require the following in addition to the requirements of
Article XXV of this chapter:
(1) Each application shall include:
(a) One copy of the Wireless Facility Planning permit application
(b) A written site location alternative analysis describing the location of other sites
considered, the availability of those sites, the extent to which other sites do or do not
meet the provider's service or engineering needs and the reason why the subject site
was chosen.
(c) Other information deemed by the Planning Board to be necessary to assess
compliance with this article.
(2) The applicant shall document to the satisfaction of the Planning Board that a good-faith
effort has been made to locate or co-locate on existing towers or other available and
appropriate buildings and structures, that it is not feasible to co-locate on an existing
facility and that the proposed location is necessary to provide adequate service to the
public The documentation shall include a notarized statement by the applicant as to
whether construction of the wireless communication facility will accommodate
collocation of additional antennas for future users.
(3) The Planning Board and Planning Department may retain technical consultants as they
deem necessary to provide assistance in the review of the needs and site location
alternatives analyses and other matters that the Board deems necessary. The applicant
shall bear the reasonable cost associated with such consultation,which cost shall be
assessed as an additional application fee. The consultants will work under the direction
of the Town Planning Director. Copies of the consultants' qualifications, findings and
reports shall be made available to the applicant upon acceptance of the final draft of the
report by the Planning Board.
(4) The applicant must explain in writing to the Planning Board why it selected the
proposed site, discuss the availability or lack thereof of a suitable structure within the
search ring for collocation, and the extent to which the applicant has explored locating
the proposed facility in a more intensive use district. Correspondence with other
telecommunication providers concerning collocation is part of this requirement. The
applicant shall also provide evidence supporting the existence of inadequate service.
This may include the propagation maps cited above, traffic studies, customer complaint
logs and similar data. The applicant must also demonstrate to the Board that the
proposed facility satisfies the demonstrated service deficiency to an equal or greater
degree than any of the reasonably available alternatives.
&280-73 Historic Buildings and Districts.
No wireless communication facility is allowed on any designated landmark property or district listed
by federal, state or Town agencies, except as specified below, and subject to Chapter 170,Landmark
Preservation:
A Any wireless communication facility located on or within a historic structure listed by
federal, state or Town agencies shall not alter the character-defining features, distinctive
construction methods or original materials of the building.
B. Any alteration made to a historic structure to accommodate a wireless communication facility
shall be fully reversible.
C. Wireless communication facilities within a historic district listed by federal, state or Town
agencies shall be concealed within or behind existing architectural features, so that they are
not visible.
§280-74 Application Approval Timelines.
A. Small wireless facilities in Town right-of-ways.
(1) Total timeline for review from date of receipt of a complete application by the Town:
(a) Collocation using an existing structure: sixty (60) days.
(b) Installation using a new or replacement structure: ninety (90) days.
(2) Review timeline:
(a) Unless a written agreement between the applicant and the Town provides otherwise,
for an initial application the Town planning staff designee shall review the siting
application and notify the applicant on or before the tenth (loth) day after
submission of the application that the application is materially incomplete, and
clearly and specifically identify the missing documents or information and the
specific rule or regulation creating the obligation to submit such documents or
information The comment notice shall identify the deficiencies in the application,
which, if cured,would make the application complete. The shot clock date for siting
application is determined by counting forward, beginning on the day after the date
when the application was submitted, by the number of calendar days of the shot
clock period.
The shot clock calculation shall restart at zero (0) on the date on which the applicant
submits all the documents and information identified by the Town to render the
application complete or incomplete.
(c) The wireless communication facility shall be deemed complete on resubmission if
the resubmitted materials cure the original deficiencies indicated by the Town.
If the Town does not approve the application following resubmission, then the
application shall be deemed incomplete, and the steps outlined above will be
followed until the application is deemed complete.
(e) The Town may deny an application for any of the following reasons:
[11 Applicable codes, Town Code or objective design standards that concern
public safety, traffic safety and aesthetic concerns for decorative Town utility
poles, including reasonable and nondiscriminatory concealment
requirements such as screening or landscaping for ground-mounted
equipment; or
(21 Public safety and reasonable spacing requirements concerning the location of
ground-mounted equipment in a right-of-way, including ADA compliance;
[31 - If the Town denies an application, then the Town must document the basis
for a denial, including the specific code provisions on which the denial was
based The Town shall send the documentation to the applicant on or before
the day the Town denies an application. If the Town fails to approve or deny
the application within the prescribed shot clock timeline, the applicant shall
have all remedies available at law.
(f) Batching If a single application seeks authorization for multiple deployments, all of
which fall within a Tier 1 review, then the presumptively reasonable period of time
for the application for the applications as a whole is equal to that for a single
deployment within that category. The Town may remove a small wireless facility
from a consolidated application and treat separately small wireless facility locations
for which incomplete information has been provided or that are denied. The Town
will issue a separate permit for each location that is approved.
fjgj All work within the Town rights-of-way is also subject to approval of a street
opening permit for work that involves excavation, affects traffic patterns or
obstructs vehicular traffic within or along the Town's rights-of-way. Any/all work
in the public right-of-way as per this code is subject to approval of a Wireless
Facility Planning permit or building permit.
As-built construction drawings shall be provided to the Town for all structures,
equipment, cable, pipes and conduit located within a Town or public right-of-way,
and within any Town-owned utility or multi-purpose easement; and which must
include, for fiber optic cable, the number of strands of fiber in the conduit. If any of
the Town's utilities or other infrastructure is relocated within the right-of-way as
part of the construction, the Town shall have final approval of the design and
engineering of such relocated items.
Rates for use of Town Utility Poles within the right-of-way. An applicant who
places a small wireless facility on a utility pole within a right-of-way in accordance
with this section shall:
[11 Execute an agreement with the Town; and
121 Pay to the Town an annual recurring rate as set forth in the Town's Fee
Schedule for the use of such utility pole.
[31 Required permit provisions. Each permit issued by the Town and each
license agreement for small wireless facilities shall be made upon the
condition that the applicant agree to the following conditions:
(a) Indemnification. To the fullest extent allowed by law, both the
wireless infrastructure provider and wireless services provider (for
this paragraph, collectively referred to as "provider") constructing,
installing, operating, repairing, maintaining and using a small
wireless facility shall indemnify, defend and hold harmless the Town,
and its officials, agents, and employees from and against all suits,
actions or claims of any character brought because of any injury or
damage received or sustained by ahy person, persons or property
arising out of, or resulting from, said provider's breach of any
provision of law, including but not limited to any asserted negligent
act, error or omission of the provider, or its agents or employees,
arising from or relating to its small wireless facility. The
indemnifications required hereunder shall not be limited by reason of
the specification of any particular insurance coverage for any permit.
The provider's obligations under this provision shall not terminate
with the expiration or termination of its permit, but shall survive it.
(b) Dispute Resolution. A court of competent jurisdiction located in
Southold, New York shall have exclusive jurisdiction to resolve all
disputes arising under this section applying the laws of the State of
New York. Pending resolution of a dispute concerning rates for
collocation of small wireless facilities on utility poles within the right-
of-way, the Town shall allow the collocating party to collocate on
utility poles at annual rates as set forth in the Town Fee Schedule.
B. Eligible Facility Applications.
(1) Timeframe for review. Within sixty (60) days of the date on which an application submits
a complete application for approval,the Town shall approve the application unless it
denies the application.
(2) Tolling of the timeline for review. The sixty (60) day period begins to run when the
application is filed and may be tolled only by mutual agreement or in the cases where the
Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty (30) days of submission (or within some other
mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the deficiencies in the
application which, if cured,would make the application complete. The clock stops on the
date the notice is sent to the Applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit the
application for review. Any subsequent review shall be limited to the deficiencies list in the
prior denial.
(6) The clock re-starts on the date of re-submission by the applicant. The Town shall,within
ten (10) days of re-submission, notify the applicant of continuing deficiencies or the
application will be deemed complete. The timeline for a decision shall be likewise tolled
during the additional re-submission deficiency period until the 2nd re-submission. Second
or subsequent notices of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be postmarked to
the applicant by day sixty (60) after the initial submission, excluding tollinr.
(8) Failure to Act. In the event the Town fails to approve or deny a Tier 2(a) application
within the timeframe for review (accounting for any tolling), the request shall be deemed
granted The deemed granted does not become effective until the applicant notifies the
Town in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
C. New collocation on a new base station with no pre-existing wireless communication facility
equipment applications.
(1) Timeframe for review. Within ninety (90) days of the date on which an application submits
an application for approval, the Town shall approve the application unless it denies the
application.
(2) Tollinz of the timeline for review. The ninety (90) day period begins to run when the
application is filed and may be tolled only by mutual agreement or in the cases where the
Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty (30) days of submission (or within some other
mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the deficiencies in the
application which, if cured,would make the application complete. The clock stops on the
date the notice is sent to the applicant.
(5) The applicant may cure the deficiencies identified by the Town and re-submit the
application for review. Any subsequent review shall be limited to the deficiencies list in the
prior denial.
(6) The clock re-starts on the date of re-submission by the applicant. The Town shall,within
ten (10) days of re-submission, notify the applicant of continuing deficiencies or the
application will be deemed complete. The timeline for a decision shall be likewise tolled
during the additional re-submission deficiency period until the 2"d re-submission. Second
or subsequent notices of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be postmarked to
the applicant by day ninety (90) after the initial submission, excluding tolling.
(8) Failure to Act In the event the Town fails to approve or deny a Tier 2(b) application
within the timeframe for review (accounting for any tolling), the request shall be deemed
granted The deemed grant does not become effective until the applicant notifies the Town
in writing after the review period has expired (accounting for any tolling) that the
application has been deemed granted.
D New tower exceeding the definition of a small wireless facility.
(1) The time frame for review. Within one hundred fifty (150) days of the date on which an
application submits an application for approval, the Town shall approve the application
unless it denies the application.
(2) Tolling of the timeline for review. The one hundred fifty (150) day period begins to run
when the application is filed and may be tolled only by mutual agreement or in the cases
where the Town determines that the application is incomplete.
(3) The Town must notify the applicant within thirty (30) days of submission (or within some
other mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the deficiencies in the
application which, if cured,would make the application complete.
(5) Thelimeline clock stops on the day after the date the Town sends notice of incompleteness
to the Applicant.
(6) The applicant may cure the deficiencies identified by the Town and resubmit the
application for review. Any subsequent review shall be limited to the deficiencies list in the
prior denial.
(7) The clock re-starts on the date of re-submission by the applicant. The Town shall,within
ten (10) days of re-submission, notify the applicant of continuing deficiencies or the
application will be deemed complete The timeline for a decision shall be likewise tolled
during the additional re-submission deficiency period until the 2"d re-submission. Second
or subsequent notices of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(8) Approval or denial of a complete application shall be in writing and shall be postmarked to
the applicant by one hundred fifty (150) days after the initial submission, excluding any
tolling period.
(9) Failure to Act In the event the Town fails to approve or deny an application under this
subsection within the timeframe for review (accounting for any tolling), the applicant shall
have all remedies available at law.
§280-75 Removal.
A Any wireless communication facility that is not operated for a continuous period of 12 months
shall be deemed abandoned At that time, the owner of the wireless communication facility or the
owner of the property where the wireless communication facility is located shall remove all
components thereof within 90 days of such deemed abandonment or will be in violation of this
article In the case of a wireless communication facility on pre-existing structures, this provision
shall apply to the wireless communication facility only. If the wireless communication facility is
not removed within said 90 days, the Building Inspectors may give the owner notice that unless the
removal is accomplished within 30 days, the Town will cause the removal at the owner's
expense All costs and expenses incurred by the Town in connection with any proceeding or any
work done for the removal of a wireless communication facility shall be assessed against the land
on which such wireless communication facility is located, and a statement of such expenses shall be
presented to the owner of the property, or if the owner cannot be ascertained or located, then
such statement shall be posted in a conspicuous place on the premises. Such assessment shall be
and constitute a lien upon such land If the owner of the facility and the owner of the property upon
which the facility is located shall fail to pay such expenses within 10 days after the statement is
presented or posted, a legal action may be brought to collect such assessment or to foreclose such
lien As an alternative to the maintenance of any such action, the Building Inspector may file a
certificate of the actual expenses incurred as aforesaid, together with a statement identifying the
Property in connection with which the expenses were incurred and the owner of the facility and
the owner of the property upon which the facility is located,with the Assessors,who shall, in the
preparation of the next assessment roll, assess such amount upon such property. Such amount
shall be included in the levy against such property, shall constitute a lien and shall be collected and
enforced in the same manner, by the same proceedings, at the same time and under the same
penalties as are provided by law for the collection and enforcement of real property taxes in the
Town of Southold.
B. This section is enacted pursuant to �10 of the Municipal Home Rule Law to promote the
public health, safety and general welfare of Town citizens through removal provisions to
ensure the proper decommissioning of wireless communication facilities within the entire
Town. The removal reduction provision of this chapter shall supersede any inconsistent
portions of the Town Law 464 (5-a) and govern the subject of removal of wireless
communication facilities in this chapter.
$280-76 Preexisting Antenna Support Structures and Antennas.
A Preexisting antenna support structures and antennas,for which a permit has been issued prior
to the effective date of this article, may continue in use for the purpose now used and as now
existing, subject to the conditions of that permit. Preexisting antenna support structures and
antennas may not be replaced, structurally altered, or added to without complying in all
respects with this article. The issuance of permit renewals or other new permits for such
facilities shall be in accordance with the provisions of this article. Preexisting antenna support
structures and antennas without the proper permits shall be considered out of compliance with
this article.
B. Any wireless service provider with at least one preexisting antenna support structure or
antenna in the Town of Southold that is out of compliance with the building and zoning
requirements in this chapter prior to the adoption of this article shall not be eligible for any
new approvals until the pre-existing antenna support structure or antenna is brought into
compliance with this article.
C. Until all required permits are secured,no issuance of any new permit shall occur for a request to
co-locate,attach,or share an existing antenna support structure,when such existing facility is
found to have one or more antennas or mounts without permits.
D. Any application by a wireless service provider shall be deemed incomplete if that provider has
a preexisting antenna support structure in the Town on which there is any antenna or mount
without permits, and said application shall not be processed until that facility is brought into
compliance with this article.
§280-76.1 Waivers of Criteria.
In approving a Wireless Facility Planning Permit or special exception, the Planning Board may waive
or modify the following criteria if it finds that the goals and stated purposes of this article are better
served by doing so, and that there is no detriment to the public health, safety and welfare.
A Section 280-70 (.n (6) Maximum height: 140 feet. In zones,where collocation will achieve
the result of fewer antenna support structures, the Planning Board may modify the hundred-
forty (140) foot height restriction with the condition that the antenna support structure be
constructed so that antennas can be installed at any height on the structure, and that the
overall height of the structure can be reduced if antennas are moved to lower heights. No
antenna support structure shall remain at a height that is taller than that required by installed
and operational antennas The applicant must show that co-location of other carriers is likely
by demonstrating that coverage or capacity gaps of other carriers are located in the same area
as the proposed structure.
B. Section 280-76 Preexisting antenna support structures and antennas not in compliance. The
provision requiring preexisting nonconforming facilities to be brought into compliance may be
modified by the Planning Board where such facilities would be required to be rebuilt or relocated
to be in compliance, if, in those cases only, the applicant demonstrates that those preexisting
facilities, given the carrier's coverage or capacity needs, are already in a location that would
comply the same or better as any alternate locations, or are already constructed to be as
unobtrusive as possible.
C. Section 280-70 Q (2), Lot Size Minimum lot sizes may be reduced on non-conforming lots of
record in the event the Applicant can demonstrate that no conforming lots are available in the
geographic search ring.
D. Section 280-70 (J)(4) Setbacks. Setbacks may be reduced to less than the determined fall zone
of the tower or the bulk schedule where existing conditions, lot dimensions, or tower design
and siting circumstances justify a reduced setback.
4280-76.2 Relief.
With the exception of relief from the denial of an application for special exception approval pursuant
to �280-72 C, and waivers pursuant to 4280-76.1 Waivers of criteria, any applicant desiring any other
relief or exemption from the requirements of this article may seek a variance from the Zoning Board
of Appeals in accordance with Article XXVI of this chapter.
III. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to
any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section, or part of this law, or in its application to the person, individual,
corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such
order or judgment shall be rendered.
IV. Effective Date.
This Local Law shall take effect upon adoption by the Southold Town Board and filing with the Secretary
of State.
DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERKS p Box 1179
Southold,New York 11971 Fax
(631)765-6145 Telephone(631)
REGISTRAR OF VITAL 765-1800
STATISTICS MARRIAGE OFFICER
RECORDS MANAGEMENT www.southoldtownny.gov
OFFICER FREEDOM OF
INFORMATION OFFICER1 �
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-955 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 30,2025:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 30th day of December, 2025, a Local Law entitled"A Local Law in
relation to an Amendment to Chapter 280 Wireless Communications Facilities," and now
therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York,on the
10th day of February,2026 at 6:00 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280
Wireless Communications Facilities,"which reads as follows:
LOCAL LAW NO. 2026
ARTICLE XVII
Wireless Communication Facilities
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 280,Article XV 1 is hereby repealed in its entirety.
A new Chapter 280,Article XVII Wireless Communication Facilities is hereby adopted as
follows:
§ 280 67 Purpose It is the express purpose of this article to minimize the visual and
environmental impacts of wireless communication facilities while protecting the health,
safety and welfare of Southold's citizens It recognizes the crucial role of reliable wireless
coverage for work,public safety, education,social connection and recreation, and allows
wireless service providers to meet their technological and service objectives. In addition,
the regulation of wireless facilities, including the type of structure, is intended to protect
the scenic and aesthetic qualities of the Town of Southold while meeting the community's
need for consistent and dependable coverage. This article allows wireless communication
facilities in certain preferred locations to be reviewed and approved in keeping with the
Town's existing zoning and historic development patterns,including the size and spacing of
structures.
& 280-68 Scope The regulations of this article shall govern and control the erection,
enlargement, expansion,alteration, operation,maintenance, relocation and removal of all
wireless communication facilities The regulations of this article relate to the location and
design of these facilities and shall be in addition to the provisions of the Southold Building
and Zoning Codes and any other federal,state or local laws or Federal Communication
Commission (FCC),Federal Aviation Administration (FAA) or other regulations
pertaining to such facilities Nothing herein shall be construed to, apply to,prohibit.
regulate or otherwise affect the erection,maintenance or utilization of antennas or support
structures by those licensed by the Federal Communications Commission pursuant to Title
47 of the Code of Federal Regulations,Part 97,to operate amateur radio stations, or
satellite antennas that are used for individual business or residential_voice, data,or video
communications.
2� 80-69
Definitions As used in this article,the following terms shall have the meanings set forth bel
ow:
ANTENNA-An apparatus designed for the purpose of emitting radiofrequency(RF)
radiation,to be operated or operating from a fixed location pursuant to the Federal
Communications Commission(FCC) authorization,for the provision of personal wireless
service and any commingled information services. For purposes of this definition,the term
antenna does not include an unintentional radiator,mobile station or device authorized
under Part 15 of Chapter 1,Title 47 of the Code of Federal Regulations.
ANTENNA EQUIPMENT-Equipment, switches,wiring,cabling,power sources, shelters
or cabinets associated with an antenna,located at the same fixed location as the antenna,
and when collocated on a structure mounted or installed at the same time as such antenna.
ANTENNA SUPPORT STRUCTURE - See definition of"Tower".
APPLICANT (Personal wireless service facility) -A person or entity that submits a siting
application and the agents,employees and contractors of such person or entity.
APPLICATION(Personal wireless service facility)-A written submission to the Town
requesting authorization for the deployment of a personal wireless service facility at a
specified location.
BASE STATION EQUIPMENT-A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between user equipment and
a communications network. The term does not include any structure that at the time the
relevant application is filed with the State or local government under this section, does not
support or house equipment described in (1) and(2) below. The term does not encompass
a tower as defined herein or any equipment associated with a tower. "Base Station"
includes, but is not limited to:
(1) Equipment associated with wireless communications services such as private,
broadcast and public safety services,as well as unlicensed wireless services and fixed
wireless services,such as a microwave backhaul; and
(2) Radio transceivers,antennas,coaxial or fiber-optic cable,regular and backup
power supplies and comparable equipment,regardless of technological configuration
(including Distributed Antenna Systems and small-cell networks) ; and
(3) Any structure other than a tower that, at the time the relevant application is
filed with the State or local government,supports or houses equipment described in
280-69 that has been reviewed and approved under the applicable zoning or siting
process,or under another State or local regulatory process,even if the structure was
not built for the sole or primaiy purpose of providing such support.
Examples include antenna and related equipment mounted on a rooftop,water tank,silo or
other above-ground structure other than a tower.
COLLOCATION(on an eligible support structure)- Mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting
and/or receiving radio frequency signals for communications purposes.
COLLOCATION(on a base station with no existing personal wireless facility equipment)-
Mounting or installing transmission equipment on a pre-existing structure; and/or
modifying a structure for the purpose of mounting or installing an antenna on that
structure.
CONCEALMENT (Personal wireless service facility)-A tower,base station or utility pole
that is not readily identifiable as a wireless communication facility and that is designed to
be aesthetically compatible with existing and proposed buildings) and uses on a site or in
the neighborhood or area Some of the types of concealment include but are not limited to
faux dormers,faux facades,parapets, steeples,faux chimneys and unipoles/monopoles with
canisters monopoles characteristic of the area and other similar type facilities.
DEPLOYMENT-The placement,construction or modification of a personal wireless
service facility.
ELIGIBLE FACILITIES REQUEST-Any request for modification of an existing tower or
base station that does not substantially change the physical dimensions of such tower or
base station,involving:
(1) Collocation of new transmission equipment; or
Q Removal of transmission equipment; or
(3) Replacement of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE-Any tower or base station as defined in 4280-69,
provided that it is existing at the time the relevant application is filed with the State or local
government.
EQUIPMENT SHELTER OR EQUIPMENT CABINET -An enclosed structure or
equipment cabinet associated with the antenna mount on a tower or base station for a
PWSF facility.
EXISTING(Personal wireless service facility)-A constructed tower or base station is
existing for purposes of this definition if it has been reviewed and approved under the
applicaboe zoning or siting process,or under another State or local regulatory review
process,provided that a tower that has not been reviewed and approved because it was not
in a zoned area when it was built,but was lawfully constructed,is existing for purposes of
this definition.
FACILITY-See Personal wireless service facility.
FALL ZONE-The area on the ground within a prescribed radius from the base of a
wireless communications facility. The fall zone is the area within which there might be a
potential hazard from falling debris or collapsing material,including the antenna support
structure.
GEOGRAPHIC SEARCH RING-An area designated by a wireless provider or operator
for a new base station,produced in accordance with generally accepted principles of
wireless engineering.
GUYED ANTENNA SUPPORT STRUCTURE-An antenna support structure that is
supported,in whole,or in part, by guy wires and ground anchors.
HEIGHT-When referring to a tower or base station,the height is the distance from the
top of the structure at its highest point,including antennas,lightning protection devices or
any other apparatus attached to the top of the antenna support structure,to the base of the
structure, measured in feet above ground level(AGL).Absolute height is the distance from
the top of the structure including all attachments to the height of mean sea level(MSL).
LATTICE ANTENNA SUPPORT STRUCTURE
An antenna support structure that has open-framed supports on three or four sides and is
constructed without guy wires and ground anchors.
MACRO WIRELESS FACILITY-Antenna,support structures or base stations which are
larger than the parameters set for small wireless facilities defined in the De_fmitions.
MODIFICATION-The addition,removal, or change of any of the physical and visually
discernible components or aspects of a wireless facility,such as antennas, cabling,radios,
equipment shelters,landscaping,fencing,utility feeds, changing the color or materials of
any visually discernible components,vehicular access,parking and/or an upgrade or
replacement of the equipment.Adding a new wireless carrier or service provider
(collocation) to a wireless communications tower or site is a modification. Modifications
also include: extending the height of the antenna support structure above its current
height,changing the footprint of the structure, expansion of the base station equipment or
compound area,addition of antennas to an existing carrier's antenna array,re-orientation
or relocation of existing antennas,changes affecting the operating frequencies,effective
radiated power or number of operating channels.A modification shall not include ordinary
maintenance,as defined herein.
MONOPOLE-A freestanding antenna support structure consisting of a single pole,
without guy wires or ground anchors.
MOUNT-
The structure or surface upon which antennas are niiounted and/or the location of the
antenna,e.g.•
(1)ROOF-MOUNTED -Mounted on the roof of a building.
(2) SIDE-MOUNTED -Mounted on the side of a.building.
(3) STRUCTURE-MOUNTED -Mounted on a structure other than a building.
(4)FLUSH-MOUNTED -Mounted very close on a building or structure so that the
profile of the antenna(s)is not readily apparent.
5 INTERIOR-MOUNTED-Mounted within a building or other structure so that
the antennas are'not visible from the outside.
(6) GROUND-MOUNTED -Mounted on the ground.
ORDINARY MAINTENANCE-Work done to an existing wireless telecommunications
facility and antenna support structure for the purpose of maintaining them in good
operating condition Ordinary maintenance includes inspections and testing to maintain
functionality, aesthetic and structural integrity, and involves the normal repair of a
wireless facility including the like-for-like replacement of damaged or defective
components without otherwise adding,removing,or substantially changing anything and
therefore does not include modifications.
PERSONAL WIRELESS SERVICE FACILITY(PWSF)-An antenna facility or a
structure thaf is used for the provision of personal wireless service,whether such service is
provided on a stand-alone basis or commingled with other wireless communication
services.
RADIO FRE UENCY(RF)EMISSIONS OR RADIATION-The electromagnetic field of
radiation emitted by wireless antennas.
RADIO FREQUENCY(RF)PROFESSIONAL-
A person who specializes in the study of radio frequency engineering and has expertise in
radio communication facilities.
RADIO FREQUENCY(RF)SIGNAL-The actual beam or radio waves sent and received
by a wireless facility.A signal is the deliberate product of a wireless antenna. The RF
radiation is the by-product.
SM - (Personal wireless service facility)-For a tower other than a tower in the public
rights-of--way,the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to'the site,and,for other
eligible support structures, further restricted to that area in proximity to the structure and
to other transmission equipment already deployed on the ground. The current boundaries
of a site are the boundaries that existed as of the date that the original support structure or
a modification to that structure was last reviewed and approved by a State of local
government,if the approval of the modification occurred prior to the Spectrum Act of 2012
or otherwise outside the section 6409(a)process.
SITING APPLICATION- See"Application (Personal Wireless Service Facility)"
SMALL WIRELESS FACILITY-Facilities that meet each of the following conditions:
(1) The facilities:
(a) Are mounted on structures fifty feet(501)or less in height,including
their antennas; or
(b) Are mounted on structures no more than ten percent(10%) taller
than other adjacent structures; or
(c) Do not extend existing structures on which they are located to a
height of more than fifty feet (501) or by more than ten percent(i0%),
(whichever is greater);
(2) Each antenna associated with the deployment, excluding associated antenna
equipment is no more than three(3) cubic feet in volume and ,
(3) All other wireless equipment associated with the structure,including the
wireless equipment associated with the antenna and any pre-existing associated
equipment on the structure,is no more than twenty-eight(28) cubic feet in volume;
and
(4) The facilities do not require antenna structure registration by the FCC; and
(5) The facilities are not located on Tribal lands; and
(6) The facilities do not result in human exposure to radiofreguency, radiation in
excess of the applicable safety standards specified in Code of Federal Regulations
1.1307(b).
STRUCTURE (Personal wireless service facility)-A pole,tower,base station or other
building,whether or not it has an existing antenna facility,that is used or to be used for the
provision of personal wireless service whether on its own or comingled with other types of
services).
SUBSTANTIAL CHANGE (Personal wireless service facility)-A modification
substantially changes the physical dimensions of an eligible support structure if it meets
any of the following criteria:
(1) For towers other than towers in the public rights-of-way,it increases the
height of the tower by more than ten percent(10%) or by the height of one(1)
additional antenna array with separation from the nearest existing antenna not to
exceed twenty(20) feet,whichever is greater; for other eligible support structures it
increases the height of the structure by more than ten percent(10%) or more than
ten feet(101),whichever is greater.
(a) Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in height
should be measured from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and any modifications that
were approved prior to the passage of the Spectrum Act.
(2) For towers other than towers in the public rights-of-way,it involves adding
an appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty(20)feet,or more than the width of the tower structure at
the level of the appurtenance,whichever is greater; for other eligible structures,it
involves adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six.(6)feet.
(3) For any eligible support structure,it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not to
exceed four cabinets; or,for towers in the public rights-of-way and base stations,it
involves installation of any new equipment cabinets on the ground if there are not
pre-existing ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than ten percent(10%) larger in height
or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside of the current site,except
that,for towers other than towers in the public rights-of-way,it entails any
excavation or deployment of transmission equipment outside of the current site by
more than thirty(30) feet in any direction. The site boundary from which the thirty
(30) feet is measured excludes any access or utility easements currently related to the
site;
(5) It would defeat the concealment elements of the eligible support structure;
or
(6) It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base stations
equipment, provided however that this limitation does not apply to any modification
that is non-compliant only in a manner that would not exceed the thresholds above.
TRANSMISSION EQUIPMENT-Equipment that facilitates transmission for any
Commission-licensed or authorized wireless communication service,including,but not
limited to,radio transceivers,antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with the wireless
communications services including,but not limited to,private,broadcast,and public safety
services as well as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
TOWER-Any structure built for the sole or primary purpose of supporting any
Commission-licensed or authorized antennas and their associated facilities,including
structures that are constructed for wireless communications services including,but not
limited to private,broadcast,and public safety services,as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and the associated site. A
tower may be concealed(examples include but are not limited to faux trees,unipoles,flag
Holes) or non-concealed such as: lattice or monopole.
UTILITY POLE -Any pole or structure designed to maintain,or used for the purpose of
lines,cables, or wires for communications,cable, electricity,street lighting,other lighting
standards,or comparable standards.
WIRELESS CARRIER—A company that provides wireless telecommunications services.
WIRELESS COM_MUNICATIO_NS FACILITY—Antenna or antenna support structure a
nd base equipment,either individually or together,including permanent or temporary
movable facilities (i.e.,wireless facilities mounted on vehicles,boats or other mobile
structures) used for the provision of any wireless service.
WIRELESS MASTER PLAN—The Town of Southold Wireless Communications Master
Plan dated June 27,2025.
WIRELESS SERVICES—Commercial mobile services, unlicensed wireless_services,and
common-carrier wireless exchange services,including,but not limited to,voice, data,
images or other information,cellular telephone service,personal communications service
(PCS),enhanced specialized mobile radio (ESMR) service,and paging service.
$ 280-70 General requirements for all wireless communication facilities.
z
All wireless facilities,including collocations,shall be the least visually obtrusive design
possible that also permits the applicant to achieve its service needs.To that end,the
following design standards shall apply to all wireless communication facilities installed or
constructed pursuant to the terms of this chapter.
A No wireless communication facility shall be used,erected or altered in the Town of
Southold except in accordance with the provisions of this article and any other applicable
sections of the Town Code.
B. Before securing a lease for a subject property or a right-of-way agreement for a new
_wireless communication facility,the Applicant,,service provider,or tower owner must hold
a pre development meeting with the planning department and building inspector. During
this meeting the following will be discussed,the proposed project, location, and potential
alternatives to the wireless communication facility, These alternative options do not have to
be entirely different from the proposed personal wireless service facility; however,they
should have measurable differences,such as:
(1) Location.An alternative could be located on a different property than the
proposed personal wireless service facility.
(2) Siting. An alternative could be in a different place on the same property as the
proposed personal wireless service facility.
(3) Design An alternative could be of the same height,location and siting as the
proposed personal wireless service facility but be designed to appear differently,
(4) Change in community scale, as exhibited in relative height,mass or
proportion of the personal wireless service facility within its proposed surroundings
5( ) For painted monopoles,visible elements proposed on a contrasting
background
(6) Use of materials that are not characteristic of the existing built environment.
(7) Conservation of opportunities to maintain community scale,not
compromising buffering areas and low-lying buildings so as to start a trend away
from the existing community scale.
(8) Amount and diversity of landscaping and/or natural vegetation.
(9) Preservation of view corridors,vistas,and viewsheds.
(10) Additionally,the applicant shall provide a geographic search ring for a new
tower or base station along with an evaluation that collocation on an existing tower or
base station or structures within the applicant's geographic search ring is not
reasonably feasible because collocation is technically or commercially impractical or
the owner of the existing tower or base station or structure is unwilling to enter into a
contract for such use at fair market value. Evaluation shall also include evidence that
no existing or previously approved tower or base station can reasonably be used for
the wireless communications facility placement instead of the construction of a new
tower or base station; that residential,historic,and designated scenic areas cannot be
served from outside the geographic search ring; or that the proposed height of a new
tower or base station or a proposed height increase of a substantially modified tower
or base station,or replacement tower or base station or collocation is necessary to
provide the applicant's designed service.
A No wireless communication facility shall be used, erected or altered in the Town of
Southold except in accordance with the provisions of this article and any other applicable
sections of the Town Code.
B. , All wireless communication facilities, and modifications to such facilities (as defined
in 280-69)shall require a building permit,a Wireless Facility Planning Permit,and
in some instances a special exception approval.
C. No new personal wireless service facility(PWSF)may be constructed without a
carrier licensed by the FCC as a provider.An FCC-licensed provider of wireless
communications services must either be the applicant or the co-applicant or have executed
a lease agreement with the applicant for any proposed new wireless communication facility,
collocation or modification A copy of the executed lease agreement with redaction of
financial terms shall be Provided as part of the application.
D. Location of wireless facilities.
(1) Applicants for wireless communications facilities shall locate,site and erect
said wireless facilities in accordance with the following priorities,with(a)being the
most preferred option and 0) being the least preferred.
J
(a) Collocation on an eligible support structure not exceeding the definition
of substantial change;
[11 On Town-owned property,
[21 In the right of way.
[31 On other property in the Town.
(b) Collocation on an existing base station or tower exceeding the definition
of substantial change_.
(c) Replacement of an existing tower to add collocations,improve coverage
and/or structural capacity.
d�, ) New collocation on a new base station with no pre-existing
wireless communication facility equipment;
[11 On Town-owned property.
121 In the right-of-way.
131 On the other taxing districts' property.
141 On other property in the Town.
(e) A tower:
[11 Within a one-half-mile geographic search ring of potential tower -
locations by design type and height identified in the Wireless Master Plan
(a) Concealed tower
(b) Painted monopole
(c) Non-painted monopole
[21 On Town-owned property
(a) Concealed tower .
(b) Painted monopole
(c) Non-painted monopole
(d)_ Lattice tower
[31 On other taxing districts' property
(a) Concealed tower
(b) Painted monopole
(c) Non-painted monopole
(d) Lattice tower
(f) A tower on other property in the LI or LIO Zoning Districts.
[11 Concealed tower
[21 Painted monopole
[31 Non-painted monopole
[41 Lattice tower
(g) A tower on other property in the MI,MII,B or RB Zoning Districts.
[11 Concealed tower
121 Painted monopole
Ll Non-painted monopole
[41 Lattice tower
(h) Replacement of an existing utility pole in the same location as the existing
pole or a small wireless facility in public right-of-way.
(i) New utilily pole for a small wireless facility in:
[11 Public right-of-way
[21 Private right-of-way
(J) A new tower on other property a minimum of two acres in size in the
AC,R-40,R-80,R-120,LB,RO,RR,HD or AHD Zoning Districts'. Towers are
not allowed in R-200 or R 400 districts.
[11 Concealed tower
[2] Painted monopole
[31 Non-painted monopole
[41 Lattice tower
(2) If the proposed wireless communication facility is not proposed for the most
preferred option listed above,the applicant shall submit a written report
demonstrating the applicant's review of the above locations in order of priority,
demonstrating the technological reason for the site selection. If appropriate,based on
selecting a site of lower priority,a detailed written explanation as to why a more
preferred location was not selected shall be included with the application. The
applicant seeking such an exception must satisfactorily demonstrate the reason or
reasons why such a permit should be granted for the proposed site,and the hardship
that would be incurred by the applicant if the permit was not granted for the
proposed site.
() An applicant may not bypass a more preferred location by stating the site
proposed is the only site leased or selected.An application shall address collocation as
an option If such an option is not proposed,the applicant must explain to the
reasonable satisfaction of the Town why collocation is commercially or otherwise
impracticable.
(4) Notwithstanding the priorities above,the Town may,if satisfied with the
explanation provided by the applicant, approve any site located within an area in the
above list of priorities,provided that the Town finds that the proposed site is in the
best interest of the health,safety and welfare of the Town and its inhabitants and will
not have a deleterious effect on the nature and character of the community and
neighborhood.
(5) Notwithstanding that a potential site may be situated in a most preferred
location,the Town may also disapprove an application for any of the following
reasons:
(a) Conflict with safety and safety-related codes and requirements;
(b) Conflict with the historic nature or character of a neighborhood or
historical district;
(c) The use or construction of wireless facilities which is contrary to an
already-stated purpose of a specific zoning or land use designation;
(d) In a public right-of-way the Placement and location of wireless facilities
which would create an unacceptable physical risk,or the reasonable
probability of such,to residents,the public, employees and agents of the Town,
or employees of the service provider or other service providers;
(e) Conflicts with the provisions of this chapter.
F. Submittal requirements for all wireless communication facilities'
(1) Payment of application fee(s).
(2) Completed Wireless Facility Planning Permit Application and if applicable a
Wireless Facility Special Exception Application with original signatures for the
applicant and all co-applicants applying for the application with indication if the
applicant or co-applicant will be represented by an agent, original signature
authorizing the agent to represent the applicant and/or co-applicant.
If the applicant is not the owner or person in control of the personal wireless service
facility and/or site, a written declaration under penalty of periury that the owner or
person in control of the personal wireless service facility and/or site has consented to
the proposed facility or modification.
(a) The current and/or intended wireless service provider(s), as applicable
for the application, shall be indicated on the site plan with documentation
provided by the service provider(s).
(3) Structural integrity
(a) A structural analysis signed and sealed by a Professional Engineer in
the State of New York the entire tower or base station and all appurtenances
are designed pursuant to the design requirements of ASCE 7,including wind
speed design requirements, and tower loading/wind design requirements of
Electronic Industries Association/Telecommunications Industry Association
(ANSI/TIA) 222-H,Risk Category II and Exposure Category C standards, and
any subsequent modification to those specifications.
(b) Collocation modifications on existing eligible support facility using
existing antenna mounts shall also provide a mount analysis meeting same
standard as(c)(i) above.
(4) RF Compliance
(a) For new towers and new collocations: A signed statement from an RF
engineer competent to opine as to RF emissions compliance stating that the
radio frequency emissions comply with FCC standards for such emissions as set
forth in 47 CFR 1.1307, 1.310,2.091 or 2.093, as applicable (Report and Order,
ET Docket 93-62 (Guidelines for Evaluating the Environmental Effects of
Radiofreguency Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum
Opinion and Order and Notice of Proposed Rule Making,ET Docket 93-62
(WT Docket 97-192), 12 FCC Rcd 13494 (1997).
(b) For Eligible Facility Requests: In addition to ((I)(i) above,any eligible
facility collocation,modification,or upgrade application shall contain a signed
statement from an RF engineer competent to opine as to the RF emissions
confirming that following installation,the composite facility will remain in
compliance with FCC standards as stated in OET-65.
(5) Scenic landscapes and vistas. All PWSF located within or adiacent to a Town
or state-designated scenic vista or scenic landscape or road shall be located in a
manner that minimizes its visual impact on said scenic vista,landscape,or road.
(6) Signs Only required safety and contact information signage shall be
permitted on any PWSF Signs shall not be permitted on facilities except for signs
displaying contact information and safety instructions,which are required. Safety
signs shall be in accordance with American National Standards Institute (ANSI)
standards for radio frequency radiation warning signs. Contact signs shall identify
A service providers located on the facility and shall include normal and emergency
contact information for each. Such signs shall not exceed five square feet in surface
area.
(7) Noise from base equipment,including any backup generator,measures less
than 45dB at all adjacent property lines.
(8) Lighting: All base stations and towers are subject to the following:
(a) Security and safety lighting of equipment buildings shall be
appropriately shielded to kee In ight within the boundaries of the wireless
communications.site.
(b} Any lighting required by the FAA must be of the minimum intensity and
number of flashes per minute (i.e.,the longest duration between flashes)
allowable by the FAA.
(c)Ground-based security and safety lighting shall only be illuminated as
needed
(d) Lights shall be filtered or oriented so as not to proiect directly onto
surrounding property or rights-of-way with FAA requirements
(e) Only red lighting at dark shall be utilized on the tower or base station
unless otherwise required by FAA guidelines.
(9) Access: Access to wireless facilities located outside the street right-of-way
should be from already established site access points whenever possible.If access to
the proposed tower or base station does not exist,then a driveway,turnaround and
required parking shall be provided on site.
(10) Parking: Each PWSF located outside the right-of-way must have at least one
designated parking space on site.
(11) Hazardous materials The applicant shall list location,type and amount of any
materials proposed for use within the personal wireless service facility,inclucling
those used as fuel for generators,that are considered hazardous by the federal,state
or local government.
(12) Proof of FAA compliance with Subpart C of the Federal Aviation Regulations,
Part 77,and"Objects Affecting Navigable Airspace,"if applicable, and
(13) Interference with Public Safety Communications. In order to facilitate the
regulation,placement, and construction of antenna,and to ensure that all parties are
complying to the fullest extent possible with the rules, regulations,and/or guidelines
of the FCC, each wireless provider shall agree in a written statement to the
following:
(a) Compliance with"Good Engineering Practices" as defined by the FCC
in its rules and regulations.
(b) Compliance with FCC regulations regarding susceptibility to radio
frequency interference, frequency coordination requirements,general'technical
standards for power,antenna,bandwidth limitations,frequency stability,
transmitter measurements,operating requirements,and any and all other
federal statutory and regulatory requirements relating to radio frequency
interference(M.
(c) Whenever the Town has encountered radio frequency interference with
its public safety communications equipment,and has reasonable cause to
believe that such interference has been or is being caused by one or more
wireless facility antenna arrays,the following steps shall be taken:
[11 The Town shall provide written notification to all wireless service
providers operating in the Town of possible interference with the public
safety communications equipment,and upon receipt of such notifications,
the wireless providers shall use their best efforts to cooperate and
coordinate with the Town and among themselves to investigate and
mitigate the interference,if any,utilizing the procedures set forth in the
joint wireless industry-public safety "Enhanced Best Practices Guide,"
released by the FCC in Appendix D of FCC 04-168 (released August 6,
2004),including the "Good Engineering Practices," as may be amended
or revised by the FCC from time to time in any successor regulations.
JL If any wireless provider fails to cooperate with the Town in
complying with the owner's obligations under this section or if there is a
determination of radio frequency interference with the Town's public
safety communications equipment,the wireless provider who failed to
cooperate and/or the wireless provider which caused the interference
shall be responsible for reimbursing the Town for all costs associated
with ascertaining and resolving the interference,including but not limited
to any engineering studies obtained by the Town to determine the source
of the interference.For the purposes of this subsection,failure to
cooperate shall include failure to initiate any response or action as
described in the"Enhanced Best Practices Guide"within twenty-four
(24)hours of Town's notification.
G. Small Wireless Facilities In addition to $ 280-70.A. through F. the following
applies to all small wireless facilities:
(1) An executed agreement with the Town to use the Town's right-of-way.
(2) Small wireless facilities shall not exceed the size dimensions of the small
wireless facility defmition' The Applicant shall include calculations demonstrating in
detail the applicant meets the definition of small wireless facility.
(3) An aerial map showing the location of the proposed small wireless facility.
(4) A street view map to scale showing the proposed site location and property
frontages within 100 feet in each direction parallel the right-of-way.
(5) An accurate site plan which identifies any easements, rights-of-way,sidewalks,
driveways,and the type and location of existing aboveground and,if applicable,
underground utilities.
(6) Photo simulation with before and after images from at least two (2)
reasonable line-of-sight locations near the proposed project location. The photo
simulations must be taken from the viewpoints of the greatest pedestrian or vehicular
traffic.
(7) A photo rendering shall be provided of the proposed small wireless facility
that depicts aesthetic features including,but not limited to,the use of colors and if
apnlicable,concealment with"before and after"installation exhibits.
(8) No portion of a small wireless facility shall obstruct pedestrians,vehicular,
bicycle access, sight lines or visibility for traffic,traffic signage or signals,or interfere
with access by persons with disabilities.
(9) No small wireless facility shall conflict with any utilities located within the
public right-of-way.
(10) Equipment boxes,including meters,for small cell wireless facilities may be
located on the ground or attached on the pole at a height that does not interfere with
pedestrian or vehicular traffic,public views,and traffic signs or signals. Equipment
boxes and meters attached to the utility pole shall be surrounded by a shroud painted
to match the pole.
(11) Cables,if not located inside the pole,shall be placed in conduit painted to
match the pole from the meter box to the antenna.
(12) Tree topping (removal of tree crown) or the improper pruning of trees is
prohibited Any proposed pruning or removal of trees shrubs or other landscaping
already existing in the right-of-way must be noted in the application and must be
reviewed and meet the approval of the Town.
(13) Applicants shall include an attestation that the small wireless facilities shall be
activated for use by a wireless services provider to provide service no later than one
(1)year from the permit issuance date,unless the Town and the wireless provider
agree to extend this period,or a delay is caused by a lack of commercial power at the
proposed site.
(14) Small Wireless Facilities in Historic Districts.Any application proposing the
installation of small wireless facilities within a designated historic district shall
comply with the following requirements:
(a) Concealment techniques shall be designed to be consistent and
harmonious with the nature and character of the historic district,including
color, shape and size of proposed equipment.
(b) New utility poles or wireless support structures shall be designed to
match the sizegirth,and design of ahy existing utility poles or other wireless
support structures located in the historic district right-of-way,i.e. decorative
light poles or banner poles.
(c) This subsection shall not be construed to limit the Town's enforcement
of historic preservation in conformance with the requirements adopted
pursuant to the National Historic Preservation Act of 1966,54 U.S.C. 4 300101
et seq ,and the regulations adopted to implement those laws, or Section 14.09 of
the New York State Historic Preservation Act of 1980.
(15) Additional items for collocations on existing utility poles (not replacement).
(a) New collocations shall:
f 11 Only be mounted on structures fifty(50) feet or less in height
includin'g the antennas; or
f 21 Only be mounted structures no more than ten (10) percent taller
than other adtacent structures or,
[31 Not extend existing structures on which they are located to a
height of more than fifty (50) feet or by more than ten(10)percent,
whichever is greater.
(16) Additional items for the replacement of an existing wood utility pole.
(a) Replacement poles shall be designed with considerations of height,girth,
scale, color, texture and architectural design of any existing utility poles or
other vertical structures located in the right-of-way where the new facility is
proposed.
(b) Antenna,meter boxes and ancillary equipment shall be surrounded by a
shroud painted to match the color of the existing or replacement utility pole
(17) Additional requirements for new poles (not a replacement utility pole).
(a) Spacing requirements for small wireless facilities.
[11 To minimize the adverse visual impacts from the proliferation of
antennas and associated above-ground equipment for small wireless
facilities,no small wireless facility in the right-of-wav shall be located,to
the extent practicable,within one hundred sixty-five(165)feet of any
other small wireless facility in the same right-of-way,unless the wireless
service provider desiring to install small wireless facilities less than one
hundred sixty-five (165) feet apart '
demonstrates to the Town's satisfaction why such placement is
necessary.
121 No small wireless facilities shall be placed in front of structure and
shall be located as close to the shared side yard lot line as possible.
[31 In a residential street right-of-way,all small wireless facilities
located adjacent to residential structures shall be placed in the right-of-
way at locations where they are at least one hundred (100) feet from the
base of the facility to any residential structure whenever possible.
141 If a right-of-way has residential structures on only one(1)side of
the street,small wireless facilities shall be located on the opposite side of
the right-of-way whenever possible.
151 Where a right-of-way has residential or commercial structures on
only one(1) or both sides of the street,the small wireless facilities shall be
located as close to the commercial structure whenever possible.
(b) All new conceale&small wireless facilities shall be designed with
considerations of height,girth, scale,color,texture and architectural design of
any existing utility poles or other vertical structures located in the same right-
of-way,Le. decorative light poles or design of the buildings parallel the rights-
of-way where the new facility is proposed.All cables, conduits,electronics,
meters and wires shall be enclosed within the structure.
H. Eligible facility request. In addition to $ 280-70.A. through F. the applicant must
demonstrate in writing that the proposed modification or collocation does not exceed any
part of the definition of substantial change.
I New concealed collocation on a pre-existing base station with no existing wireless
communications equipment In addition to &280-70.A. through F.the following applies:
(1) Height limited to no more than 10 feet above the highest point of the building.
(2) The wireless equipment for a concealed base station, including all antennas,
antenna arrays,transmission lines,equipment enclosures of other ancillary
equipment,must not be visible from outside the building or structure housing the
facHi .
(3) When a wireless communication facility extends above the roof height of a
building on which it is mounted, every effort shall be made to conceal the facility
within or behind existing architectural features to limit its visibility from public and
residential vantage points,yet permit the facility to perform its designated function.
(4) Facilities mounted on a roof shall be recessed from the front facade in order
to limit their impact on the buildings silhouette. If antennas are part of the recessed
facility,the applicant shall submit an access control plan that precludes inadvertent
access to the front faces of the antennas by building workers and the general public.
_The wireless communication facilities shall blend in with the existing building's
architecture and shall be painted or shielded with material which is consistent with
the design features and materials of the building."
(5) Facade side-mounted facilities shall be flush-mounted and painted or
otherwise Camouflaged to blend with the facade or background materials of the
structure
(6) Any structural or design changes to the building or structure necessary to
accommodate the new wireless communications equipment shall be harmonious with
the design and architectural style of the building or structure and must comply with
A applicable land use regulations and design standards.
(7) PWSF equipment may be placed inside any portion of an existing building.
(8) PWSF equipment may be placed inside portions of existing noncomplying
buildings that currently exceed the height limit for the zone as long as no exterior
design changes or height increases are made to the portion of the building housing
the enclosed facility.
(9) Interior-mounted facilities in existing buildings shall be constructed so that
the outward appearance of the building or structure before and after the installation
is complete is identical or nearly identical.
J Towers In addition to $ 280-70.A. through F. the following applies to new towers:
(1) Towers shall not be located in the following areas without a permit from all
jurisdictional agencies:
(a) Wetlands,tidal and freshwater.
(b) Land above high groundwater(within 10 feet of the surface).
(c) Lands purchased with Community Preservation Funds.
(d) Coastal erosion hazard areas.
(e) Designated parkland.
(2) Lot Size Minimum lot size in non-residential zoning districts shall be in
accordance with the bulk schedule for each. Lot size in residential zoning districts
and/or recorded residential subdivisions shall be a minimum of two acres,or in
accordance with the bulk schedule for each zoning district,whichever is greater.
(3) Fall zones An area with a radius equal to the height of the tower free of
residential habitable structures is reduired around the tower.A smaller fall zone may
be allowed if supported by a report submitted by a qualified structural engineer. The
structural engineer's report shall be submitted to and reviewed by the Town and
corroborated by an independent consultant hired by the Town that demonstrates
that a smaller fall zone is appropriate and safe.
(4) Setbacks.
(a) Setbacks for towers shall be equal to the determined fall zone of the
tower or the Sulk Schedule applicable to the principal uses for the zone in
which the structure is located,whichever is greater.
bb)) The setbacks for all related ground equipment shalt, at a minimum,
meet the Sulk Schedule setbacks for the zoning district's accessory uses.
(5) Collocation. All new towers and compounds shall be designed to
.accommodate a minimum of four tenants on the tower, counting the launch tenant as
one of the four.
() Height. Maximum Tower height(excluding lighting rod) is 140 feet in all-
districts where permitted,or as provided in the Wireless Master Plan.—
(7) Height justification. A map indicating the applicant's existing radio
frequency signal propagation,a map indicating the applicant's proposed new radio
frequency signal propagation,and a map indicating the proposed improvements'
coverage/capacity area for the lowest and highest licensed frequencies,which
provides sufficient justification for the requested antenna height; or an affidavit from
a radio frequency engineer,including the qualifications of affiant,to justify the
mounting height of the proposed new antenna.
(8) Balloon or Crane Test
(a) A balloon or crane test is required prior to generating the photo
simulations to demonstrate the proposed height and design type of the
tower. The applicant shall arrange to raise a colored balloon no less than three
(3) feet in diameter at the maximum height of the proposed tower and within
twenty-five (25) horizontal feet of the center of the proposed tower,or suspend
a similar sized object from a crane at the same height.
(b) The applicant must inform the Town and abutting property owners in
writing of the date and times,including alternative dates and times, of the test
at least fourteen (14) days in advance. The Town may also send a general email
to town residents with this information.
(c) A 3-foot by 5-foot sign with lettering no less than 3 inches high stating
the purpose of the balloon test shag be placed at the closest major intersection
of the proposed site.
(d) The balloon shall be flown,or the crane suspended, on a weekday for at
least four(4) consecutive hours during daylight hours on the date chosen. The
applicant shall record the weather,including wind speed during the balloon
test.
(e) Re-advertisement will not be required if inclement weather occurs.
(9) Photographic simulation of pre-development and post-development views
from the street frontage of the existing property and surrounding properties to the
north, south,east, and west, and any other locations identified during the pre-
development conference.
(10) Color.When a monopole is painted the color should be appropriate to the
context of the tower's location so that the tower is as unobtrusive as possible,unless
otherwise required by the Federal Aviation Administration (FAA).
(11) Visual impact analysis: renderings or computer graphics illustrating the
appearance of the completed facility from residential and public vantage points to be
determined by the Town during the pre-development meeting.
(12) Tower siting It is preferred that new towers.sited on developed properties be
located to the rear of other principal buildings and shall not encroach on planting
buffers,parking areas or othenvise impair the operation of previously approved
systems such as storm water drainage basins.Existing buildings and structures
should be used in the siting of new towers to contribute to the visual screening of the
tower.
(13) Minimum distance of all wireless equipment to adiacent residential property
lines or street shall be equal to the fall zone setback or the underlying zoning district
setback,whichever is greater.
(14) Landscaping. The ground equipment shall be screened from view from
surrounding properties by dense vegetation and trees, either planted or existing, and
meeting the site design appearance criteria below.
(a) A screen of evergreen trees shall be planted outside the fence of the
base equipment area or shelter to provide a visual screen or buffer for
adjoining properties and the public right-of-way or other vantage points
accessible to the
public The screen shall consist of a double row of evergreen shrubs and
trees that are of sufficient density and height to immediately screen the
base equipment from view.
(b) Required front yard setback areas shall be landscaped and include
shrubs and trees.
(c) An alternative method of compliance may be approved if it achieves the
same screening goals.
(d) Survivability of the landscaping shall be guaranteed and maintained by
the applicant for the life of the installation.
4 280-71 Required approvals.
All wireless communication facilities,and modifications to such facilities (as defined in 4 28
0-69) shall require-a Wireless Facility Planning Permit, a building permit,and in certain
cases a special exception approval will be required as follows:
A. Administrative Approval: Wireless Facility Planning Permit and Building permit
required by the Planning and Building Departments.
(1) All applications for a Wireless Facility Planning Permit shall
comply with the relevant subsections in 4 280-70,General requirements for all
wireless communication facilities,and 4 280-74, application requirements.
(2) An application qualifies for administrative approval of a Wireless Facility
Planning Permit and a building permit if it conforms to the relevant subsections of 4
280-70 and falls in one of the following two three categories:
(a) An eligible facility request
Concealed base station
(c) A new tower within a one-half-mail geographic search ring of potential
tower locations identified in the Wireless Master Plan and also meet the
suggested design type and height in the Wireless Master Plan.
B. Planning Board Review and Approval:
(1) A Wireless Facility Planning Permit application requires review and approval
by the Southold Town Planning Board in the following circumstances
(a) New collocations on structures without pre-existing wireless
communication equipment where the height is greater than 10 feet above the
highest point of the building; and
(b) Any application or collocation which exceeds the definition of
substantial change and presents aesthetic,siting location,or physical safety
concerns.
C. Special exception.
In the following circumstances, a Special Exception application is required:
_A new tower proposed to be located outside a one-half mile geographic search ring of
potential tower locations identified in the Wireless Master Plan. All applications for
special exception shall comply with the standards in $ 280-70, General requirements
for all wireless telecommunication facilities,and 280-724,Application fees and
requirements.
(1) Authority.For the purposes of this section, notwithstanding Article XXV of
this chapter,the Planning Board shall be empowered to issue a special exception
approval for wireless communication facilities,subject to the provisions of this
chapter..
(2) Standards.In addition to the standards in Article XXV of this chapter,no
special exception approval shall be granted unless the Planning Board specifically
finds and determines the following:
(a) Construction of the proposed facility or modification of the existing
facility is a public necessity,in that It is required to meet current or expected
demands of the telecommunications provider and to render adequate service to
the public.
(b) The applicant has made substantial effort to co-locate with existing
wireless facilities or,failing that,has made substantial effort to locate on
municipally owned land or structures,or within or on existing buildings or
structures.
(c) There are compelling reasons which mane it more feasible to construct
the proposed facilities rather than alternatives.
(3) Matters to be considered. In addition to the matters to be considered in
Article XXV of this chapter,the Planning Board shall give consideration to the
following in issuing a special exception approval for wireless,communication
facilities:
(a) The proposed antenna support structure must be demonstrated to be
the lowest height above the ground feasible to achieve the service needs of the
carriers) The rationale behind the explanation by the applicant must be
corroborated by an independent consultant hired by the Town.
(b) The wireless communication facility has been situated to minimize its
Proximity and visibility to residential structures,residential district boundaries
and landmarks designated by Town,federal or state agencies.
(C) The wireless communication facility is designed and situated to be
compatible with the nature of uses on adjacent and nearby property.
(d) The wireless communication facility has been designed to use the
surrounding topography to minimize its visual impacts.
(e) The wireless communication facility has been designed to use the
surrounding tree,building or foliage coverage to minimize its visual impacts.
(f) The wireless communication facility maximizes design characteristics to
reduce or eliminate visual impacts and obtrusiveness.
(g) Other adequate conditions have been placed on the wireless
communication facility which will minimize any adverse impacts of the facility
on adioining properties.
§280-72 Application fees and requirements.
A. Fees. The following fees are in place of those required in other sections of the Code:
(1) Wireless Facility Planning Permit
(a) Eligible facility request: $1000.
(b) New facility: $2000.
(2) Building Permit application fees.
(a) Eligible facility request: $500.
(b) New facility: $750.
(3) Special exception application fee: $1,000.
(4) Review by independent consultants.
(a) The Town may hire any consultant(s)and/or expert(s)necessary to
assist the Town in reviewing and evaluating the application,including the
construction and modification of the site,once permitted,and any site
inspections.An escrow account shall be funded by the applicant with an initial
deposit as determined by the Planning Department,and based upon an
estimate provided by the consultant(s).No application shall be considered
complete for review purposes until an escrow account is established and
funded.
(b) Withdrawals from said escrow account may be made from time to time
to reimburse the Town for the cost of its consultants' professional review
services actually incurred in connection with the review of any application
including
where applicable,the lease negotiation,the preapproval evaluation,and
the construction and modification of the site, once permitted. The applicant
shall remain responsible for all costs of outside consultants in the event that
said escrow deposit is exhausted. If such account is not replenished within 30
days after the applicant is notified in writing of the requirement for such
additional deposit,the Planning Board may suspend its review of the
application.
(c) The consultant(s)will work under the direction of the Town Planning
Director. Copies of the consultants' qualifications, findings and reports will be
provided to the applicant and an opportunity given to the applicant to respond
to the content of the consultants' report prior to any decisions being made. In
the event that the amount held in escrow by the Town is more than the amount
of the actual invoicing at the conclusion of the proiect,the remaining balance
shall be promptly refunded to the applicant.
B. Wireless Facility Planning permit application requirements.
(1) Copies of all applicable FCC licenses,notices of proposed construction or
alteration,federal environmental impact statements and other documents verifying
compliance with federal,state and local regulations.
(2) Zoning narrative and supporting documents addressing each standard§280-'
70A through F and the additional relevant subsection(s) following 4280 70 A through
F.
(3) Digital files of the propagation and gap maps,including attribute information,
in a geographic information system (GIS) format and projection that is compatible
with the GIS technology currently in use by the Town of Southold.
(4) A copy of the deed or lease agreement establishing applicant's right to use the
parcel on which the wireless communication facility is to be located.
(5) Aeronautical study or appropriate consultant's report demonstrating that the
proposedfacility will not constitute an obstruction or hazard to air navigation.
(6) Visual impact analysis: renderings or computer graphics illustrating the
appearance of the completed facility from residential and public vantage points to be
determined by the Planning Board.
(7) Adjacent land uses,structures and zoning within 500 feet.
(8) The location in latitude and longitude,type and height of the wireless
communication facility.
(9) If applicable, a list of other carriers already located on the facility,with the
number,type,height,orientation, effective radiated power,number of channels and
operating frequencies of each antenna,including the proposed.
(10) Digital information about the facility(AutoCAD,Shaperile) that can be
imported into a geographic information system depicting the search ring of the
proposed facility.
(11) A photo of the facility,if already existing.
(12) Location of landmarks listed by federal,state or Town agencies within 300
feet.
(13) , Distances between the proposed facility and the following:
(a) The nearest residential structure.
(b) The nearest property line with a residential use.
(c) All other structures.
(d) Roads, rights-of-way, driveways.
(14) Fall zone radius and distance.
(15) Proposed means of access.
(16) Elevation drawings with dimensions clearly indicated,including diameter or
width of the structure at its widest and narrowest,and the tallest point,including
antennas or lightning protection.
(17) Other information deemed by the Town to be necessary to
assess compliance with this article.
C. Special exception application To make the determination on an application for
special exception,the Planning Board shall require the following in addition to the
requirements of Article XXV of this chapter:
(1) Each application shall include:
(a) One copy of the Wireless Facility Planning permit application
(b) A written site location alternative analysis describing the location of
other sites considered, the availability of those sites,the extent to which other
sites do or do not meet the provider's service or engineering needs and the
reason why the subject site was chosen.
(c) Other information deemed by the Planning Board to be necessary to
assess compliance with this article.
(2) The applicant shall document to the satisfaction of the Planning Board that a
good-faith effort has been made to locate or co-locate on existing towers or other
available and appropriate buildings and structures,that it is not feasible to co-locate
on an existing facility and that the proposed location is necessary to provide adequate
service to the public The documentation shall include a notarized statement by the
applicant as to whether construction of the wireless communication facility will
accommodate co-location of additional antennas for future users.
(3) The Planning Board and Planning Department may retain technical
consultants as they deem necessary to provide assistance in the review of the needs
and site location alternatives analyses and other matters that the Board deems
necessary.The applicant shall bear the reasonable cost associated with such
consultation,which cost shall be
assessed as an additional application fee.The consultants will work under the
direction of the Town Planning Director. Copies of the consultants' qualifications,
findings and reports shall be made available to the applicant upon acceptance of the
final draft of the report by the Planning Board.
(4) The applicant must explain in writing to the Planning Board why it selected
the proposed site,discuss the availability or lack thereof of a suitable structure within
the search ring for collocation,and the extent to which the applicant has explored
locating the proposed facility in a more intensive use district. Correspondence with
other
telecommunication providers concerning eo-logatien collocation is part of
this requirement The applicant shall also provide evidence supporting the existence
of inadequate service This may include the propagation maps cited above,traffic
studies, customer complaint logs and similar data.The applicant must also
demonstrate to the Board that the proposed facility satisfies the demonstrated service
deficiency to an equal or greater degree than any of the reasonably available
alternatives.
280-73 Historic Buildings and Districts
No wireless communication facility is allowed on any designated landmark property or
district listed by federal, state or Town agencies, except as specified below,and subject to
Chapter 170,Landmark Preservation:
A Any wireless communication facility located on or within an historic structure listed
by federal,state or Town agencies shall not alter the character-defining features,
distinctive construction methods or original materials of the building.
B. _ Any alteration made to an historic structure to accommodate a wireless
communication facility shall be fully reversible.
C Wireless communication facilities within an historic district listed by federal,state
or Town agencies shall be concealed within or behind existing architectural features,so
that they are not visible.
$ 280-74 Application Approval Timelines
A. Small wireless facilities in Town rights-of-way
(1) Total timeline for review from date of receipt of a complete application by the
Town:
(a) Collocation using an existing structure: sixty(60) days.
(b) Installation using a new or replacement structure: ninety(90) days.
(2) Review timeline:
(a) Unless a written agreement between the applicant and the Town
provides otherwise,for an initial application the Town planning staff designee
shall review the siting application and notify the applicant on or before the
tenth(loth) day after submission of the application that the application is
materially incomplete,and clearly and specifically identify the missing
documents or information and the specific rule or regulation creating the
obligation to submit such documents or information. The comment notice shall
identify the deficiencies in the application,which,if cured,would make the
application complete The shot clock date for siting application is determined
by counting forward,beginning on the day after the date when the application
was submitted, by the number of calendar days of the shot clock period.
(b) The shot clock calculation shall restart at zero (0) on the date on which
the applicant submits all the documents and information identified by the
Town to render the application complete or incomplete.
(c) The wireless communication facility shall be deemed complete on
resubmission if the resubmitted materials cure the original deficiencies
indicated by the Town.
(d) If the Town does not approve the application following resubmission,
then the application shall be deemed incomplete,and the steps outlined in (b)(1)
through (b)(3)will be followed until the application is deemed complete.
(e) The Town may deny an application for any of the following reasons:
[11 Applicable codes,Town Code or objective design standards that
concern public safety,traffic safety and aesthetic concerns for decorative
Town utility poles,including reasonable and nondiscriminatory
concealment
requirements such as screening or landscaping for ground-
mounted equipment; or
121 Public safety and reasonable spacing requirements concerning the
location of ground-mounted equipment in a right-of-way,including ADA
compliance; or
[31 If the Town denies an application,then the Town must document
the basis for a denial,including the specific code provisions on which the
denial was based. The Town shall sendthe documentation to the
applicant on or before
the day the Town denies an application. If the Town fails to approve or
deny the application within the prescribed shot clock timeline,the
applicant shall have all remedies available at law.
(f) Batchim.If a single application seeks authorization for multinle
deployments, all of which fall within a Tier 1 review,then the presumptively
reasonable period of time for the application for the applications as a whole is
equal to that for a single deployment within that category. The Town may
remove a small wireless facility from a consolidated application and treat
separately small wireless facility locations for which incomplete information
has been provided or that are denied. The Town will issue a separate permit for
each location that is approved.
(g) All work within the Town rights-of-way is also subiect to approval of a
street opening permit for work that involves excavation,affects traffic patterns
or obstructs vehicular traffic within or along the Town's rights-of-way. Any/all
work in the public right-of-way as per this code is subject to approval of a
Wireless Facility Planning permit or building permit.
(h) As-built construction drawings shall be provided to the Town for all
structures, equipment,cable,pipes and conduit located within a Town or
public right-of-way, and within any Town-owned utility or multi-purpose
easement; and which must include,for fiber optic cable,the number of strands
of fiber in the conduit. If any of the Town's utilities or other infrastructure is
relocated within the right-of-way as part of the construction,the Town shall
have final approval of the design and engineering of such relocated items.
(i) Rates for use of Town Utility Poles within the Right-of-Way. An
applicant who places a small wireless facility on a utility pole within a right-of-
way in accordance with this section shall:
[11 Execute an agreement with the Town; and
[21 Pay to the Town an annual recurring rate as set forth in the
Town's Fee Schedule for the use of such utility pole..
[31 Required Permit Provisions. Each permit issued by Zoning Officer
and each license agreement for small wireless facilities shall be made
upon the condition that the applicant agree to the following conditions:
(a) Indemnification. To the fullest extent allowed by law,both
the wireless infrastructure provider and wireless services provider
(for this paragraph, collectively referi ed to as "provider")
constructing,installing, operating,repairing,maintaining and using
a small wireless facility shall indemnify, defend and hold harmless
the Town,and its officials, agents,and employees from and against
all suits, actions or claims of any character brought because of any
i_niury or damage received or sustained by any person,persons or
Property arising out of, or resulting from,said provider's breach of
any provision of law,including but not limited to any asserted
negligent act, error or omission of the provider, or its agents or
employees,arising from or relating to its small-wireless facility.
The indemnifications required hereunder shall not be limited by
reason of the specification of any particular insurance coverage for
any permit.
The provider's obligations under this provision shall not
terminate with the expiration or termination of its permit, but shall
survive it.
(b) Dispute Resolution.A court of competent_jurisdiction
located in Southold,New York shall have exclusive jurisdiction to
resolve all disputes arising under this section applying the laws of
the State of New York. Pending resolution of a dispute concerning
rates for collocation of small wireless facilities on utility poles
within the right-
of-way, the Town shall allow the collocating party to collocate
on utility poles at annual rates as set forth in the Town Fee
Schedule.
B. Eligible Facility Applications.
(1) Timeframe for review. Within sixty(60) days of the date on which an
application submits a complete application for approval,the Town shall approve the
application unless it denies the application.
(2) ToMng of the timeline for review. The sixty(60) day period begins to run
when the application is filed and may be tolled only by mutual agreement or in the
cases where the Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty(30) days of submission(or
within some other mutually agreed upon timeframe)if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the
deficiencies in the application which,if cured,would make the application
complete The clock stops on the date the notice is sent to the Applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review. Any subsequent review shall be limited to the deficiencies
list in the prior denial.
(6) The clock re-starts on the date of re-submission by the Applicant. The Town
shall,within ten (10) days of re-submission, notify the applicant of continuing
deficiencies or the application will be deemed complete. The timeline for a decision
shall be likewise tolled during the additional re-submission deficiency period until the
2nd re-submission Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the original notice of
incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by day sixty(60) after the initial submission, excluding
tolling.
(8) Failure to Act In the event the Town fails to approve or deny a Tier 2(a)
application within the timeframe for review(accounting for any tolling),the request
shall be deemed granted The deemed granted does not become effective until the
applicant notifies the Town in writing after the review period has expired (accounting
for any tolling) that the application has been deemed granted.
C. New collocation on a new base station with no pie-existing wireless communication
facility equipment applications.
(1) Timeframe for review. Within ninety(90) days of the date on which an
application submits an application for approval, the Town shall approve the
application unless it denies the application.
(2) Tolling of the timeline for review. The ninety(90) day period begins to run
when the application is filed and may be tolled only by mutual agreement or in the
cases where the Town determines that the application is incomplete.
(3) Town must notify the applicant within thirty(30) days of submission(or
within some other mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the
deficiencies in the application which,if cured,would make the application
complete. The clock stops on the date the notice is sent to the Applicant.
(5) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review. Any subsequent review shall be limited to the deficiencies
list in the prior denial.
(6) The clock re-starts on the date of resubmission by the Applicant. The Town
shall,within ten (10) days of re-submission,notify the applicant of continuing
deficiencies or the application will be deemed complete.The timeline for a decision
shall be likewise tolled during the additional re-submission deficiency period until the
2nd resubmission Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the original notice of
incompleteness.
(7) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by day ninety(90) after the initial submission, excluding
tolling.
(8) Failure to Act. In the event the Town fails to approve or deny a Tier 2(b)
application within the timeframe for review (accounting for any tolling),the request
shall be deemed granted. The deemed grant does not become effective until the
applicant notifies the Town in writing after the review period has expired (accounting
for any tolling) that the application has been deemed granted.
D. New tower exceeding the definition of a small wireless facility.
(1) The time frame for review. Within one hundred fifty(150) days of the date on
which an application submits an application for approval,the Town shall approve
the application unless it denies the application.
(2) Tolling of the timeline for review. The one hundred-fifty(150) day period
begins to run when the application is filed and may be tolled only by mutual
agreement or in the cases where the Town determines that the application is
incomplete.
(3) Town must notify the applicant within thirty(30) days of submission(or
within some other mutually agreed upon timeframe) if the submission is incomplete.
(4) Notices of application incompleteness shall identify specifically the
deficiencies in the application which,if cured,would make the application complete.
The timeline clock stops on the day after the date the Town sends notice of
incompleteness to the Applicant.
fa The timeline clock stops on the day after the date the Town sends notice of
incompleteness to the Applicant.
(6) The applicant may cure the deficiencies identified by the Town and resubmit
the application for review.Any subsequent review shall be limited to the deficiencies
listed in the prior denial.
(7) The clock re-starts on the date of re-submission by the Applicant. The Town
shall,within ten (10) days of re-submission,notify the applicant of continuing
deficiencies or the application will be deemed complete.The timeline for a decision
shall likewise be tolled during the additional re-submission deficiency period until the
2nd re-submission Second or subsequent notices of incompleteness may not specify
missing documents or information that were not delineated in the original notice of
incompleteness.
(8) Approval or denial of a complete application shall be in writing and shall be
postmarked to the applicant by one hundred fifty(150) days after the initial
submission,excluding any tolling period.
(9) Failure to Act In the event the Town fails to approve or deny an application
under this subsection within the timeframe for review (accounting for any tolling),
the applicant shall have all remedies available at law.
280-75 Removal
A Any wireless communication facility that is not operated for a continuous period of
12 months shall be deemed abandoned.At that time, the owner of the wireless
communication facility or the owner of the property where the wireless communication
facility is located shall remove all components thereof within 90 days of such deemed
abandonment or will be in violation of this article.In the case of a wireless communication
facility on preexisting structures,this provision shall apply to the wireless communication
facility only. If the wireless communication facility is not removed within said 90 days,the
Building Inspectors may give the owner notice that unless the removal is accomplished
within 30 days,the Town will cause the removal at the owner's expense. All costs and
expenses incurred by the Town in connection with any proceeding or any work done for
the removal of a wireless communication facility shall be assessed against the land on which
such wireless communication facility is located, and a statement of such expenses shall
be presented to the owner of the property, or if the owner cannot be ascertained or located,
then such statement shall be posted in a conspicuous place on the premises. Such
assessment shall be and constitute a lien upon such land. If the owner of the facility and the
owner of the property upon which the facility is located shall fail to pay such expenses
within 10 days after the statement is presented or posted,a legal action may be brought to
collect such assessment or to foreclose such lien.As an alternative to the maintenance of
any such action,the Building Inspector may file a certificate of the actual expenses
incurred as aforesaid,together with a statement identifying the property, in connection with
which the expenses were incurred and the owner of the facility and the owner of the
property upon which the facility is located,with the Assessors,who shall,in
the preparation of the next assessment roll,assess such amount upon such property. Such
amount shall be included in the levy against such property, shall constitute a lien and shall
be collected and enforced in the same manner,by the same proceedings, at the same time
and under the same penalties as are provided by law for the collection and enforcement of
real property taxes in the Town of Southold.
B. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to
promote the public health,safety and general welfare of Town citizens through removal
provisions to ensure the proper decommissioning of wireless communication facilities
within the entire Town The removal reduction provision of this chapter shall supersede
any inconsistent portions of the Town Law 64(5-a)and govern the subject of removal of
wireless communication facilities in this chapter.
§ 280-76 Preexisting Antenna Support Structures and Antennas
A Preexisting antenna support structures and antennas,for which a permit has been
issued prior to the effective date of this article,may continue in use for the purpose now
used and as now existing, subject to the conditions of that permit.Preexisting antenna
support structures and antennas may not be replaced,structurally altered,or added to
without complying in all respects with this article. The issuance of permit renewals or other
new permits for such facilities shall be in accordance with the provisions of this article.
Preexisting antenna support structures and antennas without the proper permits shall be
considered out of compliance with this article.
B. Any wireless service provider with at least one preexisting antenna support
structure or antenna in the Town of Southold that is out of compliance with the building
and zoning requirements in this chapter prior to the adoption of this article shall not be
eligible for any new approvals until the preexisting antenna support structure or antenna is
brought into compliance with this article.
C. Until all required permits are secured,no issuance of any new permit shall occur for
a request to co-locate, attach,or share an existing antenna support structure,when such
existing facility is found to have one or more antennas or mounts without permits.
D. Any application by a wireless service provider shall be deemed incomplete if that
Provider has a preexisting antenna support structure in the Town on which there is any
antenna or mount without permits,and said application shall not be processed until that
facility is brought into compliance with this article.
$ 280-76.1 Waivers of Criteria
In approving a Wireless Facility Planning Permit or special exception,the Planning Board
may waive or modify the following criteria if it finds that the goals and stated purposes of
this article are better served by doing so,and that there is no detriment to the public
health,safety and welfare.
A Section 280-70 (T)(6) Maximum height: 140 feet.In zones,where collocation will
achieve the result of fewer antenna support structures,the Planning Board may modify the
hundred-forty(140) foot height restriction with the condition that the antenna support
structure be constructed so that antennas can be installed at any height on the structure,
and that the overall height of the structure can be reduced if antennas are moved to lower
heights.No
antenna support structure shall remain at a height that is taller than that required by
4
installed and operational antennas. The applicant must show that co-location of other
carriers is likely by demonstrating that-coverage or capacity gaps of other carriers are
located in the same area as the proposed structure.
B. Section 280-76 Preexisting antenna support structures and antennas not
in compliance The provision requiring preexisting nonconforming facilities to be brought
into compliance may be modified by the Planning Board where such facilities would be
required to be rebuilt or relocated to be in compliance,if,in those cases only,the applicant
demonstrates that those preexisting facilities, given the carrier's coverage or capacity
needs,are already in a location that would comply the same or better as any alternate
locations, or are already constructed to be as unobtrusive as possible.
C. Section 280-70 (j) (2),Lot Size. Minimum lot sizes may be reduced on non-
conforming lots of record in the event the Applicant can demonstrate that no conforming
lots are available in the geographic search ring.
D. Section 280-70 (4)(4) Setbacks. Setbacks may be reduced to less than the
determined fall zone of the tower or the bulk schedule where existing conditions,lot
dimensions, or tower design and siting circumstances justify a reduced setback.
8 280-76.2 Relief
With the exception of relief from the denial of an application for special exception approval
pursuant to � 280-72 C, and waivers pursuant to 4 280-76.1.Waivers of criteria, any
applicant desiring any other relief or exemption from the requirements of this article may
seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this
chapter.
4 280-76.3 Severability
The various parts,sections and clauses of this article are hereby declared to be severable.If
any clause,sentence,paragraph,section or part of this article shall be adjudged by any
court of competent jurisdiction to be invalid, the Judgment shall not affect the validity of
this article as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
8 280-76.4 When effective
This article shall take effect immediatelYupon filing with the Secretary of State.
'New towers in single-family residential districts or recorded residential subdivisions are
only allowed on lots used for non-residential purposes which have a minimum size of two
2 acres.
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted
MOVER: Councilwoman Smith
SECONDER: Councilwoman Doherty
AYES: Councilwoman Smith, Councilwoman Doherty, Justice Evans, Councilman
Doroski, Supervisor Krupski, Jr.
NAYES: None