Brookhaven may lease parkland for a wireless tower

Brookhaven may lease the described parcel to Tag Towers LLC and grant an access and utility easement for a wireless tower. The lease covers about 0.057 acres in South Setauket, and the easement covers about 0.552 acres in South Setauket. The lease must be at fair market value and may last no more than 30 years. The easement may be used for access and for installing, operating, and maintaining a buried electrical cable. Tag Towers LLC must restore the land surface after installing the cable, and the easement area must continue to be used for park purposes. The authorization takes effect immediately; the lease may run for up to 30 years.

Brookhaven must use the lease proceeds and an equivalent value for park and recreation improvements or additional park facilities. The rule covers all money received from the lease and an amount equal to or greater than the easement interest's fair market value. The money must support capital improvements to existing park and recreation facilities or the purchase of additional park and recreation facilities. The requirement applies when Brookhaven receives proceeds from the lease or conveys the easement.

The lease and easement must end and the land must return to park use if the approved wireless-tower use stops. The rule covers the leased parcel, the access easement, and the wireless tower placed there. When the land returns to Brookhaven, the tower must be removed and the property restored for park and recreation use. If federal funding or assistance supported the land, Brookhaven must first meet federal requirements for converting the parkland, including any required replacement land of equal fair market value and usefulness. Reversion occurs when the described lands cease to be used for the approved purposes; federal compliance must occur before any covered parkland conversion.