Town of Chatham, NY Special Regulations

The proposed use, building, design and layout shall meet the provisions of this chapter and other regulations and ordinances of the Town of Chatham.

The proposed use, design and layout will be of such a location in such size and character that it will be consistent with the development of the surrounding area.

The proposed use and layout will be of such a nature that it will not increase vehicular or pedestrian traffic hazards in the area involved. Factors for the Planning Board to consider in this determination are the turning movements in relation to traffic flow, proximity to and relationship to intersections, adequacy of sight distances, location and access of off-street parking, provisions for pedestrian traffic and minimization of pedestrian-vehicular contacts.

The proposed location and height of buildings or structures, walls and fences, parking, loading and landscaping shall be such that it will not interfere with or discourage allowed development in the use of the land adjacent to the proposed site or unreasonably affect its value.

Signs shall be in accordance with the regulations of this chapter and, in addition, shall be so designed and located as not to present a hazard, glare or unattractive appearance to either adjacent property or to motorists.

Outdoor lighting shall be in accordance with this chapter.

[Added 7-15-1999 by L.L. No. 1-1999]

§ 180-18 Two single-family units on one lot.

[Added 12-7-1995 by L.L. No. 2-1995]

The Code Enforcement Officer/Zoning Enforcement Officer may issue a permit for the construction and occupancy of up to two single-family dwelling units on one lot in the H-1, H-2, RL-1, RL-2 and RL-3 Zoning Districts of the town, provided that the following standards are met:

The setback, area, density and use requirements of the district in which the units are to be located must exist for both units. Notwithstanding any other provision of this chapter, no setback, area, density or use variances shall be granted in permitting two single-family units on one lot.

The dwelling units may share a common well and/or septic system if the system is adequate for the common uses. Design and construction of any new septic system shall be approved by the Columbia County Department of Health.

No future subdivision of a lot on which two dwelling units have been located, pursuant to this provision, shall be created, unless all newly created lots will meet all setback, area, density and frontage requirements contained in this chapter. The existence of an inadequate setback between the two dwelling units, or insufficient area or density or frontage, shall not be a basis for the granting of a variance to permit a subdivision of the units.

§ 180-19 (Reserved) [1]

[1]

Editor's Note: Former § 180-19, Residential cluster, was repealed 9-12-2006 by L.L. No. 4-2006. For current provisions see Ch. 135, Conservation Subdivisions.

§ 180-20 Planned business development.

This type of development requires a site plan review.

Proposals for planned business projects shall be submitted to the Zoning Enforcement Officer who shall submit copies to the Town Board, Board of Appeals and to the Planning Board. They shall have 60 days to review and submit comments on such plan. The material accompanying the proposal shall contain the following: a required site plan shall show all buildings, parking areas and landscaping at such a scale sufficient to permit the study of all elements of the plan; all utilities and exterior lighting shall also be shown and described; typical elevations and floor plans of all buildings may also be required; and, in addition, the site plans shall show the adjacent building outlines and other outstanding features within 200 feet.

The Board of Appeals shall, after due public hearing, approve or deny the special permit. Approval by the Board of Appeals, however, does not eliminate the necessity for Planning Board approval based on the subdivision regulations or the necessity of the Town Board to approve the provisions for the maintenance and upkeep of common or public land and facilities within the project if applicable. Any development contrary to the approved plan shall constitute a violation of this chapter.

The granting of the special permit by the Zoning Board of Appeals, together with the site plan as approved by the Planning Board, shall be in such form as to permit both to be recorded and filed in the Columbia County Clerk's Office.

The purpose of planned business development shall be to encourage a development which will result in:

A development that will be a permanent and long-term asset to the town.

A pattern of development which preserves trees, natural topography and geologic features and prevents soil erosion and provides for landscaped areas.

An efficient use of land resulting in smaller networks of utilities and streets.

An environment in harmony with surrounding developments.

A more desirable environment than would be possible through the strict application of other sections of the law.

A development that meets the intent of the comprehensive plan.

The area of the land to be developed shall not be less than six contiguous acres and may be permitted only in RL-2 and RL-3 as a permitted use with special permit.

Lot size, width, front yard depth, rear yard setbacks and side yard requirements may be waived; however, these will be evaluated by the Planning Board and Board of Appeals on their individual merit.

[Amended 2-6-1997 by L.L. No. 2-1997]

A planned business development shall comply with the following standards:

The proposed location is adjacent to a public road that is adequate to handle the expected traffic generated by the facility.

The proposed location is at least one mile as measured along public roadway from other existing business development.

The proposed use and layout is of such a nature that it makes vehicular or pedestrian traffic no more hazardous than is normal for the area involved. Factors to consider in this determination are the turning movements in relation to traffic flow, proximity to and relationship to intersections, adequacy of sight distances, location and access of off-street parking, provisions for pedestrian traffic and minimization of pedestrian-vehicular contacts.

The proposed location and height of buildings or structures, walls and fences, parking, loading and landscaping shall be such that it does not interfere with or discourage the allowed development in the use of land adjacent to the proposed site or unreasonably affects its value.

Proposed signs are in accordance with the regulations of this chapter and, in addition, are so designed and located as not to present a hazard, glare or unattractive appearance to either adjacent property or to motorists.

Adequate landscaping and lighting is provided.

§ 180-21 Special minimum lot size provisions.

In RL-1 and RL-2 Districts, notwithstanding any other provisions of this chapter, a lot of record at the time of the adoption of this chapter whose area is a multiple of the minimum required lot area, plus three or more acres, may be divided with one, and only one, of the resulting lots having less than the minimum required lot area, but not less than three acres.

§ 180-22 Public utility uses, siting and structures.

[Added 4-7-1994 by L.L. No. 1-1994]

Public utility; definition. A public utility shall be deemed to include any use, structure or facility having the following characteristics:

Essential nature of service.

Operation under a federal or state franchise or permit providing some measure of public regulation.

Providing a product that must be piped, wired, transmitted or otherwise served to each user with a supply to be maintained at a constant level.

User has no alternative source, and supplier has no alternative means of delivery.

Public utility; siting approval. No public utility use or structure may be located in any zoning district of the Town of Chatham without the person, firm or entity proposing to operate, use, construct or service the same first obtaining a special permit entitled "public utility special permit" from the Town Zoning Board of Appeals. In reviewing any such application, the Zoning Board of Appeals shall apply the following standards:

New York State Environmental Quality Review Act (SEQR). The proposed use or structure shall be deemed to be a Type I action, as defined in the New York State Environmental Quality Review Act (SEQR).

Visibility. All public utility uses or structures shall be located and sited so as to have the least possible adverse visual impacts on other lands within the Town of Chatham. To properly review these impacts, the applicant shall prepare and file a visual environmental assessment form addendum with any required SEQR environmental assessment form.

Public necessity. The applicant must show that the use structure or facility is a public necessity; that its proposed useful life will be; that the same is required in order to render safe and adequate service; and, that there are compelling reasons, economic or otherwise, which make it more feasible to use the proposed site or facility than to use alternative facilities or sources of the same service that may be provided by other facilities.

Alternative sites. The use of a particular site shall take into account the availability of other locations less likely to cause injury to the neighborhood and their comparative advantages and disadvantages with the plot for which approval is sought.

Shared use.

As a public policy of the Town of Chatham, the shared use of existing public utility structures is preferred to the siting, location and construction of additional new facilities. An applicant hereunder shall be required to present a detailed inventory locating all existing public utility structures providing the same service, either within the Town of Chatham or reasonably adjacent thereto, which said structures might adequately serve the needs of the applicant if the applicant shared the use of such facility with the existing owner.

An applicant requesting permission to share the use of an existing public utility structure or parcel within the Town of Chatham shall be required to provide documentary evidence of consent from the existing owner, and that such intensified use will not have a detrimental effect on the public health, safety or other utility services already being provided.

Setbacks. All public utility structures (excepting underground or buried utilities) shall comply with zoning setback regulations in the affected zone. In any event, a structure shall be set back a distance at least equal to its height. Additional setbacks may be required by the Zoning Board of Appeals in order to provide for the public safety in the event of any failure of the structure.

Lighting. No towers or structures shall be artificially lighted, except as required by the Zoning Board of Appeals or by any state or federal agency having jurisdiction over the site. Structures shall be constructed of such materials and painted in such colors so as to minimize their visual impacts.

Vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. The requirement of shrub or tree plantings to screen the use and/or structure shall be considered as part of the normal site plan review process by the Town Planning Board.

Abandonment. The applicant or operator of the facility must completely remove the structure or discontinue the use in the event of its discontinuance for public utility purposes. In such event, the property shall be restored to its original condition after the removal of any structure or discontinuance of use.

Notwithstanding any provision set forth above, the provisions set forth hereinafter at § 180-22.1 shall control the use and siting of communications or broadcast towers or facilities.

[Added 4-19-2001 by L.L. No. 1-2001]

The Town Board of the Town of Chatham hereby expressly grants the Zoning Board of Appeals of the Town of Chatham the authority to hear, review and grant or deny applications within the jurisdiction of the Town of Chatham with regard to communications or broadcast towers as set forth hereinafter, to wit, site plan review and special use permits.

[Added 4-19-2001 by L.L. No. 1-2001]

§ 180-22.1 Communication or broadcast towers or facilities.

[Added 4-19-2001 by L.L. No. 1-2001]

The development of a communication or broadcast tower and facilities and related structures shall be permitted by special use permits approval by the Zoning Board of Appeals. A communication or broadcast tower and facility shall be subject to the following supplementary requirements:

Purpose.

The purpose of these supplementary requirements and standards is to regulate the development of communication or broadcast towers and facilities in the Town of Chatham, consistent with the general purposes stated in the Town Code of the Town of Chatham, to accommodate the necessary infrastructure for the provision of telecommunications services or other types of broadcast within the Town, to address the visual, aesthetic and land use compatibility aspects of telecommunications or broadcast facilities, towers and antennas and more specifically to:

Minimize the total number of towers throughout the Town;

Encourage the collocation or shared use of proposed and existing tower sites;

Encourage the location of towers and antennas, to the extent possible, in areas where the adverse impacts on the community are minimized;

(d)

Encourage the configuration or camouflaging of towers and antennas in a way that minimizes the adverse visual impact of the towers and antennas;

(e)

Enhance the provision of telecommunications services and reception within the borders of the Town of Chatham; and

(f)

Whenever practicable in accordance with the restrictions set forth hereinbelow, maintain the number of tower(s) per overlay zone at one.

This section does not apply to citizen band, short wave and/or two-way radio antennas for ordinary residential or recreational use and shall be no more than five feet taller than any structure within the zone.

Application procedures and requirements.

The proposed use shall conform to the general requirements and procedures of the Town Code of the Town of Chatham pertaining to approval of special uses as stated in § 180-44. The required application for site plan review shall conform to the requirements and standards in § 180-17 regarding site plan review.

Where an application involves the addition or removal of antennas or other equipment onto or from the site of an existing communication or broadcast tower and facilities (or tower facility) by the current users or operators of said facilities, such application may, at the discretion of the Zoning Board of Appeals, be considered exempt from the requirements for approval of special use permits and the related site plan review. Exemption from approval of special use permits and the related site plan review shall only be granted for proposed development that complies with the criteria below and shall be subject to a building permit:

The addition of antennas or other equipment onto an existing tower facility shall be exempt where such addition involves the installation of antennas or other equipment clearly specified as part of the original approval for the communication or broadcast tower and facilities, including approved additional users and collocation of approved equipment and including approved accessory structures. An exemption granted under this subsection need not comply with the criteria in the subsections below;

The addition of antennas or other equipment onto an existing tower facility shall not result in any increase in the total height of the structure, as originally approved, including the height of any antenna protruding above the tower structure;

The addition or replacement of antennas or other equipment onto an existing tower facility shall not result in any increase in the bulk (i.e., volume) greater than 5% over the total bulk of antennas or other equipment approved for installation on said tower in accordance with the original approval of said tower facility. The bulk of existing and proposed antennas shall be calculated in appropriate cubic (three-dimensional) units such as cubic inches or cubic feet using the outside dimensions;

(d)

The removal of antennas or other equipment from an existing tower facility shall only be permitted as an exemption herein where it results in no net increase in the bulk (i.e., volume) of the total bulk of antennas or other equipment approved for installation on said tower as per the original approval of said tower facility. The removal of an antenna under an exemption herein shall not result in any significant alteration of the remaining antennas or equipment on the tower structure; and

(e)

The addition of antennas or other equipment onto an existing tower, under this exemption, shall not include the construction of any new accessory structures such as equipment buildings, fencing or other site improvements unless such accessory structures or improvements are clearly indicated as part of the original approval for the communication or broadcast tower and facilities.

Reimbursement of review costs. The applicant shall be required to establish an escrow account to reimburse the Town of Chatham for the legitimate costs of review associated with the use of professionals qualified to review the required plans, reports and other technical information submitted in support of an application for a communication or broadcast tower and facility. The initial amount of the establishment of the escrow account shall be determined on a case-by-case basis as 1% of the estimated overall cost to erect the proposed tower and facility but in no case shall be less than $3,000 or a larger amount estimated by the Zoning Board of Appeals to be reasonable and necessary to cover the cost of the review to be incurred by the Town. All necessary reviewing professionals assisting the Town in such reviews shall provide an estimate of the approximate cost of review services. The Town shall submit an itemized bill to the applicant at least thirty days prior to any deduction of such amount billed from the escrow account. The Zoning Board of Appeals may periodically and at its discretion require the replenishment of the escrow account established hereunder. Upon completion of the application and review process, any balance remaining in the escrow account shall be refunded to the applicant within 30 days of the submission and payment of the final bill by the Town and payment in full of all application and approval fees.

Additional application information. In addition to the special use permit in § 180-44 and the site plan review in § 180-17, applications for development of communication or broadcast towers and facilities shall include the following information:

Name(s), address(es) and telephone numbers of persons preparing submitted plans, reports and information;

Name(s), address(es) and telephone numbers of the property owner, operator and applicant and their involved affiliates;

Name(s), address(es) and telephone numbers of owners of all properties adjacent to the proposed site or within a one-quarter-mile radius of the proposed site;

Elevations and details of the proposed structure, including the height, width, depth, location and configuration of guy wires or other anchoring devices, type of materials, color(s), lighting, the number and type of all proposed antennas, and receiving and transmitting equipment and other relevant information for all existing and proposed structures, equipment, parking and all other related improvements. The elevations and details shall provide, as appropriate, information about the facilities of other users if the applicant is considering the collocation of additional antennas, equipment and other facilities, including the relationship of the height of the tower to the feasibility of collocation of additional facilities. The special use permit and site plan review applications shall also include a description of the proposed communication or broadcast tower and facility and such other information that the Zoning Board of Appeals requires;

The special use permit application and/or site plan review shall indicate the location of the proposed access to the site, including the location of access to a suitably improved roadway, the length, width, grading, drainage, snow storage area and driveway profile and proposed surface material(s) and the environmental impacts thereof. The proposed access shall be used only for the purposes of construction, operation, maintenance and repair of the communication or broadcast tower and facilities. Any proposed fence or gate related to the access driveway shall be shown, including provision for police, fire or emergency vehicle access to the site and facilities;

Any substantial off-site impacts;

(7)

Visual analysis.

A visual EAF addendum shall accompany the full environmental assessment form (EAF) to be submitted with the special use permit and site plan review applications. Following review of the visual EAF addendum, a visual impact analysis or study may be required to further assess the visual impact of a proposed tower facility. The consideration of alternative designs may be requested as part of the visual assessment, such as flagpole technology (a monopole with internal antennas), a camouflaged pole and antennas, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles and connection with a fiber optic network, if available, or other designs that may provide for the mitigation of visual impacts. In order to take the necessary "hard look" as required by the State Environmental Quality Review Act, the applicant shall submit any other visual analysis or study deemed necessary by the Zoning Board of Appeals.

The methodology for any visual analysis should be approved by the Zoning Board of Appeals and shall address impacts on nearby viewsheds, ridgelines, scenic features and historic sites and structures identified as significant, as well as compatibility with nearby land uses and any other resource deemed by the Zoning Board of Appeals as reasonably relevant to the application. The Zoning Board of Appeals may consider methodologies, including, but not limited to, the following:

[1]

Photographic simulation or photographic montage, with and without foliage;

[2]

A demonstration using a balloon or the top of the actual structure on a project site, based on the following requirements:

[a]

Balloon to be flown at actual height. Alternatively, the top portion of a tower structure with all proposed antennas and related structures attached, to be temporarily held up at actual height (typically by a crane);

[b]

Approximate actual color/finish;

[c]

Balloon or top of tower to have same reflective property;

[d]

Balloon to approximate bulk and diameter of proposed tower and related structures; top of tower to include all proposed antennas and related structures;

[e]

Balloon to be flown, or top of tower to be held up, for a minimum of eight hours, though not necessarily consecutively and as deemed necessary by the Zoning Board of Appeals; and

[3]

Regardless of the methodology utilized, adequate advance written notification to all landowners within a one-quarter-mile radius of the proposed site of the balloon test and public notice published in the newspaper of record for the Town in accordance with the requirements under § 180-43 of the Chatham Town Code;

(8)

A landscape plan shall delineate existing vegetation and wooded areas to remain undisturbed, specimen trees of six inches in diameter at breast height (6" dbh) or larger, the height of the surrounding tree line, and shall identify vegetation to be removed, including areas to be kept clear by mowing, and the location, size, type and number of all proposed plantings. Additionally, any other improvements such as fences and walls shall be shown, including the purpose of such improvements and details, elevations, materials and color and any other information related to landscaping improvements, their purpose and appearance;

(9)

A statement about safety measures related to the project, such as fencing to prevent access to the tower structure and related equipment and lighting;

(10)

Documentation sufficient to demonstrate that the proposed tower height is the minimum height necessary to provide licensed communication or broadcast services to locations within the Town of Chatham which the applicant is not able to serve with existing facilities in the project site area. Additionally, documentation regarding height should address any variations in height necessary to accommodate collocation of antennas or other equipment by other users or operators;

(11)

An affidavit by the applicant regarding whether the construction of the facility will accommodate the collocation of additional communication antennas or facilities for future users, when technically and economically feasible, may be required. Said affidavit should examine the following:

Whether the necessary equipment would exceed the structural capacity of existing or proposed facilities; or

Whether the applicant, after a good-faith effort, has been able to reach an agreement with the owner of an existing facility.

(12)

A report prepared by a New York State licensed professional engineer specializing in structural engineering about the structural integrity of the proposed communication or broadcast tower and facility. The report shall demonstrate the structure's compliance with applicable standards and shall describe the structure's capacity, including the number and type of antennas it can accommodate, using illustrations as necessary. In the case of antennas being mounted on an existing structure, the equivalent of the above-required information shall be provided about the existing structure;

(13)

Report.

A report, certified by a qualified New York licensed professional engineer or counsel admitted to practice law in the State of New York, about the safety of the radio frequency emissions of the proposed facility, including the following information:

[1]

Evidence of FCC license, franchise and/or permit to grantee/applicant or their affiliate (including information regarding all related permitting standards and specifications) and, if an affiliate, that the applicant is recognized by the FCC as entitled to use the license, franchise and/or permit;

[2]

Certification that the proposed antenna(s) will not cause interference with existing communication devices; and

[3]

Certification of compliance with the following:

[a]

All current, applicable FCC regulations and standards;

[b]

National Electrical Safety Code (NESC);

[c]

National Electrical Code (NEC);

[d]

All current standards of all federal agencies with authority to regulate telecommunications or broadcast towers and antennas;

[e]

All pertinent New York State building codes and fire prevention codes; and

[f]

All local building codes and fire prevention codes.

The above report shall be certified to be true, complete and accurate and subject to all applicable penalties.

(14)

Coverage map and report.

A map which shows the applicant's existing and proposed area of coverage (propagation map), including all adjacent towers used or operated by the applicant or its affiliate(s) outside the Town of Chatham. The map shall locate all existing and proposed sites in the Town and in bordering communities which contain communication or broadcast towers or facilities used by the operator, owner or applicant or other operators and which provide coverage in the Town of Chatham.

A detailed report shall accompany the coverage map which indicates why the proposed communication or broadcast tower and facility is necessary. The report shall also identify locations within the proposed project site service area which are not and could not be served by either existing or proposed facilities (depicted in the map of coverage and existing facilities), by collocation or by other tower design options.

(15)

When an applicant proposes to locate additional antennas, antenna arrays or facilities on existing towers or sites (collocation), the application may include information from a previously approved application for the same site or facility to address application requirements. The application must provide additional or updated information pertinent to the new antennas, antenna arrays or facilities and must address related changes in conditions on or near the site, including equipment shelter plans and specification sheets for the antenna as requested by the Zoning Board of Appeals. The submittal of materials of previous applications does not exempt the application for collocation from any of the procedural steps in the review of a regular application, unless said application meets the criteria for an exemption as set forth in § 180-22.1B, above.

(16)

If collocation is not proposed, an affidavit stating that collocation is not practically feasible. The Zoning Board of Appeals shall not accept greater financial cost alone as sufficient grounds for nonfeasibility of collocation. Evidence that an alternative contract or business arrangement is currently in use in the industry may be considered by the Zoning Board of Appeals that such alternative is financially feasible and thus available to the applicant. Said affidavit shall examine the aspects of feasibility noted in Subsection D(11) above. Said affidavit may also be required to address the feasibility of any alternate designs that are presented as mitigation measures for potential visual impacts of the proposed tower facility.

(17)

In order to assess the long-term effects of communication or broadcast tower development on the Town of Chatham and areas surrounding the proposed tower site, the Zoning Board of Appeals may require the presentation of a long-range conceptual plan for additional communication or broadcast tower and facility development by the applicant. The long-range plan shall address the possible location of additional tower sites, the related service area coverage and alternative long-range plan scenarios that illustrate the potential effects of tower height on the number of towers in the service area.

(18)

If an applicant anticipates the potential collocation of antennas by other users on a proposed new communication tower, these facilities may be presented in the application. If specific users or operators, other than the principal applicant, are being identified by the applicant, then appropriate certification must be submitted with the application that the applicant is authorized by the other users, or that the other users are co-applicants, to properly represent such other users in the approval of the application. All application materials, plans and illustrations must clearly identify additional users' facilities and service areas as is required for the primary applicant or co-applicant, as appropriate.

(19)

If the application proposes a new communications tower in Zone T-2 or T-3, the applicant must provide evidence in the form of affidavits and RF plots outlining that the new tower is necessary to provide reasonable coverage in the Town of Chatham in accordance with the standards delineated in the Federal Telecommunications Act.

Criteria for approval. Applications for an approval of a special use permit and site plan review for development of a communication or broadcast tower and facility shall meet all of the following criteria:

The collocation, or sharing, of existing tower structures for mounting of proposed communications antenna(s) or equipment shall be required upon the application of new towers and/or facilities. When a new tower structure is proposed, the applicant must demonstrate that the proposed communication or broadcast devices and equipment cannot be accommodated on an existing facility within the project area, including areas within the Town of Chatham and nearby areas in adjacent municipalities. When an applicant proposes collocation of a proposed antenna(s) on an existing structure, the applicant must demonstrate that the existing site will be properly adapted to the placement of additional antenna(s). As required by the Zoning Board of Appeals, the applicant shall address the capacity of the site and structure and necessary screening, landscaping, camouflaging and additional safety measures.

Height.

The maximum permitted height of a communication tower, monopole or any structure constructed for the purpose of locating antennas or telecommunications devices shall be a maximum height of 115 feet for up to five users or operators.

The height shall be measured from the elevation of the proposed finished grade at the base of the communication or broadcast tower structure to the top of the tower or monopole structure, or to the top of any antenna or equipment installed above the top of the structure, including the lightning rod which shall not exceed 120 feet, whichever is higher.

The applicant must demonstrate to the satisfaction of the Zoning Board of Appeals that the proposed height and bulk of a communication or broadcast tower or monopole is the minimum height and bulk necessary to provide service to meet the applicant's communication needs within the Town's boundaries and the visual or aesthetic impact has been minimized to the greatest extent practicable. Notwithstanding the above, the Zoning Board of Appeals may, in its discretion and where same shall encourage collocation, require that the height of the tower be increased, up to the maximum height allowable herein.

A proposed communication or broadcast tower shall be separated from all the boundary lines on the lot on which it is located by a distance equal to the height of the tower or the distance of the corresponding minimum yard setback (front, side and rear) according to the requirements for that zone as stated in the lot size, density and yard dimensions of the Town of Chatham Town Code, whichever is greater. Additionally, the base of any guy wire shall be subject to the normal setback requirements of the underlying zone in which the proposed tower is to be sited.

Related buildings.

All related buildings shall conform to the applicable minimum front, side and rear yard setback requirements as set forth in the Town of Chatham Code. The additional setback distance, equal to the tower height, shall not be applied to the related buildings proposed to house equipment, and for maintenance and operation of the communication or broadcast tower and facility. However, the related buildings shall be located so as to minimize visibility from adjacent properties and, the Zoning Board of Appeals so directs, shall be located in the rear of the site, and shall be effectively screened from the view of the site's road frontage(s).

The total gross floor area for any related buildings shall be the minimum size necessary for operation and shall not exceed 600 square feet per operator or user with facilities located on the site. Operators and users on sites with more than one such structure shall share such structures whenever possible to minimize the number and total area of such structures on a site.

The Zoning Board of Appeals, at its discretion, may require that security fencing be located around each communication or broadcast tower and facilities or related structures to secure the site, including provision for access to the tower facility through a locked gate. If required, said fencing shall be designed to minimize visual and aesthetic impacts.

When considering applications the Zoning Board of Appeals shall determine the volume of the proposed antenna, the volume of any future possible antennas and the effect and cumulative effect thereof.

Design guidelines. An application for development of a communication or broadcast tower and facilities shall meet the following applicable design guidelines:

Unless required by the Federal Aviation Administration (FAA) or other federal, state or local agency, the painting or marking of towers or monopoles shall have a finish or coloring that will minimize visual and aesthetic impacts and shall be visually unobtrusive to the maximum extent practicable.

Unless required by the Federal Aviation Administration (FAA), or other federal, state or local agency, no signals, lights or illumination shall be permitted on communication towers. Any lighting necessary for the related structures shall be minimized and shall be properly shielded to prevent glare onto adjacent properties. Motion-detection-activated lighting shall be used whenever practicable.

The base of the communication or broadcast tower or monopole and any related structure shall be effectively screened using primarily vegetative screening such as a continuous evergreen hedge consisting of native trees and shrubs. Clearing and site disturbance shall be minimized and shall conform to all pertinent Town regulations and requirements. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen structures from nearby properties or important viewsheds or scenic areas. All landscaping shall be properly maintained to ensure good health and viability. The landscaping and screening maintenance as set forth above shall be the responsibility of the applicant, its successor in interest, any lessee of the tower and the landowner.

All communication or broadcast tower facilities shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment. Alternative designs may be considered, such as flagpole technology (a monopole with internal antennas), a camouflaged pole, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles, or other designs that may provide for the mitigation of visual impacts. Any alternative design option considered hereunder shall be consistent with the purpose, procedures, requirements and standards of these supplementary regulations. Concealed towers and short towers shall be used whenever feasible and whenever possible shall be situated off ridgelines and where the visual impact is least detrimental to scenic areas and residential properties.

Signage shall be prohibited on communication or broadcast tower facility sites except for one identification sign that shall not exceed the minimal permitting requirements and design standards in § 180-32 of the Town of Chatham Town Code. Such signage shall include notification of any hazardous materials, gasoline or batteries stored within the facility. Except as specifically required by a federal, state or local agency, no sign shall be permitted on a tower or monopole.

Additional requirements.

The terms of any approval for a communication or broadcast tower and facilities shall require the applicant to deposit with the Town an amount in escrow of a sum of money sufficient to remove the tower, antenna and associated facilities. Such amount shall be arrived at based upon the recommendation of the Town's engineer and other appropriate professionals, including the owner/operator's engineer. Said funds shall be deposited in a separate, interest bearing account and shall not be utilized for any purpose except as stated herein. The interest earned on said funds may, upon the written request of the applicant, be returned to applicant on an annual basis. At any time, the Zoning Board of Appeals may review the sufficiency of the amount in escrow to complete the removal of the tower and facility and may require a further or additional amount to be deposited in the event a determination is made that same is necessary based upon the recommendation of the Town's engineer and other appropriate professionals including the owner/operator's engineer. The Town shall not utilize the escrow funds herein to remove the tower and facility unless same has been abandoned as defined herein and the owner/operator or its successor in interest has failed to remove the facility after more than 30 days following a written demand by the Town to do so. The owner/operator and/or its affiliate shall be liable for all applicable penalties and fines independent of any amount remaining in escrow and relating to any obligation(s) which arise regarding the issuance and use of a special use permit and site plan review approval.

In any approval for a communication or broadcast tower and facilities, the Zoning Board of Appeals shall require an irrevocable commitment from the owner of the tower, antenna and related facilities, the owner of the land upon which the tower is located and any and all lessees and the affiliates of any of the above, to defend, indemnify, and hold the Town of Chatham, its boards, officials, employees and agents, free and harmless from judgments or costs, including reasonable attorneys fees, arising directly or indirectly from the construction, use, operation and/or removal of the tower, antenna and related facilities except as to those arising from the Town's own negligence.

Construction, operation and maintenance. The Zoning Board of Appeals may revoke any special use permit and/or site plan review approval granted under this section after a hearing in the event any condition of the special use permit or site plan approval is violated or not fulfilled. The Zoning Board of Appeals shall provide written notification to the owner(s) of the tower, antenna and any related facilities at least 10 days prior to such hearing so that they may have an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the tower, antenna and related facilities constitute a nuisance or a safety hazard, or that the conditions of the approval have been materially violated, the Zoning Board Of Appeals may revoke the special use permit and/or site plan review approval.

Abandonment.

Notwithstanding any inconsistent provision of the Town Code, in the event that the use of a communication or broadcast tower and facilities has been discontinued for a period of 120 consecutive days or more or the owner/operator notifies the Town of its intention to discontinue its use thereof, the facility shall be deemed to be abandoned. If there are two or more operators or users of a communication or broadcast tower facility, then this provision shall become effective only when all users have discontinued use of said facility. The Building Inspector shall make a periodic inspection of the premises, at least annually, on the anniversary date of the granting of the special use permit herein. The Building Inspector shall make a determination of the date of abandonment and shall request documentation from the owner or operator of the facility regarding usage within five days of the determination of abandonment.

Any special use permit or other approvals, permits and certificates granted by the Town related to the communication or broadcast tower and facilities shall automatically expire on the date the facility is deemed to be abandoned.

All special use permits or other approvals, permits and certificates granted by the Town related to the communication or broadcast tower and facilities shall be deemed to allow the Town or its representatives entry onto the property for the purpose of removing the communication and broadcast tower facility upon reasonable notice to the owner of such property following the abandonment of same and the completion of the process set forth below.

Within 90 days after the determination of abandonment by the Town Building Inspector, or the revocation of a special use permit or site plan review approval, the tower facility and related structures shall be removed by the owner or operator and shall be properly disposed of in accordance with all local, state and other laws and regulations regarding such disposal.

If the tower and related structures are not removed within said ninety-day period, a process for removal by the Town of Chatham shall be commenced at the owner or operator's expense.

Following the expiration of the ninety-day period, the Building Inspector, with the approval of the Zoning Board of Appeals, may notify the owner in writing that removal must be accomplished within 30 days of said notification. The notification shall indicate that failure to remove the tower and related structures within 30 days shall result in the removal of said facilities by the Town of Chatham with the cost thereof to be paid with the funds deposited in escrow with the Town. Any cost incurred by the Town in such removal, not paid under the escrow, shall constitute a lien on the tax lot on which the tower is situated and shall be collected in the same manner as a Town tax on real property.

The applicant or its successor in interest shall be required to file a copy of any certification of compliance which the owner/operator files with the FCC related to the operation of the communication or broadcast tower and facilities and copies of complaints with the Town Clerk.

Alteration of an existing communication tower, antenna or related structure.

Alteration of an existing communication or broadcast tower or monopole, antenna or any related building or other structure or improvement, including a plan for the collocation of facilities, which results in a change in the use of said facility, or a change in the type(s) of antenna(s), or an increase in the size, height or bulk of the antenna(s) or tower, or an increase in the type or intensity of lighting, or reduction of any of the improvements related to screening of the facility, shall be permitted only after application to the Zoning Board of Appeals. The application shall be reviewed as if the alteration were a new application for a special use permit, and a new application for site plan review approval, and may include appended materials from a previous approval.

The application for alteration of an existing communication or broadcast tower and facilities may be exempt from application procedures, provided that the proposed alteration complies with the standards as provided in § 180-22.1B.

Change of identity of parties. In the event that the identity of any party to the initial or any subsequent application and/or permit changes or their interest in the project is assigned, conveyed or transferred, the Town shall be notified of all new parties' names, addresses and telephone numbers within 120 days of such change, assignment, conveyance or transfer.

§ 180-23 Exceptions.

The provisions of this chapter shall not apply to normal residential uses, such as the location and siting of utility, power or telephone distribution poles.

§ 180-23.1 Small-scale mines.

[Added 10-16-2002 by L.L. No. 4-2002]

Any person who proposes the extraction of more than 100 cubic yards and fewer than 1,000 tons or 750 cubic yards of minerals from the earth within 12 successive calendar months must obtain a special use permit from the Planning Board, pursuant to the provisions set forth herein. The Planning Board may only issue such a special use permit for applications within the RL-1, RL-2, RL-3 and I Zones within the Town. The applicant must obtain site plan approval pursuant to the Town of Chatham Town Code. The provisions of § 180-16.2G, H, I, J, K, L, M, N, O, and P shall be applicable to all applications hereunder.

Procedure for special use permit applications for small-scale mining.

The applicant shall submit to the Planning Board Secretary the following documents:

A mining plan, including a metes and bounds description of the proposed area to be mined, and a plan for a phased reclamation of the entire affected area shall be considered part of reclamation requirements.

A plan, acceptable to the Planning Board, for safeguarding the public health, safety and welfare of surrounding and nearby residents during extraction and related activities.

The Town shall not bear costs for outside consultant reviews deemed necessary by the Town pertaining to the project or the permitting process. Prior to the Town incurring any costs necessary for its deliberations and chargeable to the applicant, the Planning Board shall advise the applicant of said costs and obtain the applicant's agreement to bear such costs.

The applicant shall furnish the Planning Board with all information in his possession which might affect its decision. In addition, the applicant shall be responsible for promptly providing the Planning Board with any new information or circumstances since the filing date of the application.

If approved, the special use permit shall be issued by the Planning Board for a three-year period, subject to annual inspection by the Planning Board or its designee, and to revocation for a finding of noncompliance with any condition of the permit.

Any permit, when issued, shall explicitly state all operating conditions which are necessary to assure compliance with this section, applicable Town and state laws, ordinances, regulations, and operational procedures designed to minimize physical and aesthetic damage to the environment.

Each extraction site shall be governed by an individual permit. If an operating group conducts extraction operations at more than one site in the Town of Chatham, the conduct at all sites shall be considered in determining the provisions of each special permit and may be grounds for denial or restrictions of such permit.

Review of permits for small-scale mines.

The Planning Board shall review all small-scale mining permit applications in accordance with the standards for approval of a special use permit under §§ 180-43 and 44 and the following provisions:

Permit renewals may be granted at the discretion of the Planning Board if the activity is proceeding in accordance with the provisions of the initial plan. No more than one permit renewal shall be granted.

All holders of permits shall advise the Planning Board of any change of facts and conditions which might affect their ability to operate under the permit.

Immediately after any change of ownership of any extraction site or of the persons or entities directly responsible for its operation, the new owner or operator shall apply for a new permit, indicating on the application any existing or anticipated changes from the data, plans and/or conditions supporting or including in the previous permit.

(d)

Each site shall be inspected for compliance by the Town Code Enforcement Officer prior to any permit renewal. A written report of such inspection and its findings shall be made to the Planning Board. Such inspection(s) shall be financed by a fee system as established by the Town Board.

(e)

Each permit shall contain provisions which effect its suspension in the event of a finding of noncompliance with any term or condition of operation.

(f)

Each permit shall contain provisions which require that all mining activity shall be set back at least 200 feet from any property line.

(g)

Mining operations may only be conducted between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 12:00 noon on Saturdays. Mining operations may not occur on any Sunday or legal holidays as set by the Town Board.

The Planning Board, for good cause shown and in its sole discretion, may waive the strict enforcement of the above standards when considering a permit renewal hereunder.

Reclamation standards and requirements for small-scale mines. Before issuing a special use permit, the Planning Board must find that the reclamation plan meets the following standards and requirements:

Reclamation shall occur after the removal of 750 yards or 1,000 tons of mineral, unless the Town Planning Board determines that a different reclamation schedule is more appropriate.

All final site drainage shall be designed, sloped, revegetated or treated by other measures so that drainage patterns, including volume and outflow points, will be the same as before the mining occurred, unless an alteration of patterns would improve drainage in the surrounding area. Measures must be specified to prevent erosion and sedimentation of wetlands, watercourses and ponds. The premining quality of any underlying aquifer must be preserved.

No slope shall be left with a grade steeper than one foot vertical on three feet horizontal for gravel, or its normal repose slope for other minerals.

All restoration material used in the final grading of the site shall be free from refuse or toxic contantants and shall be compacted as much as is practical, such as by installation in layers. Stumps, boulders and nontoxic debris generated by the mining operation shall be removed from the site and disposed of, or buried and covered with a minimum of two feet of soil. All toxic debris and waste, including petroleum products, shall be removed from the mining site for proper disposal.

Final soil depths and types shall be appropriate for the expected reuse specified in the application. Subsoil and topsoil shall be respread over the excavated area to a minimum depth of one foot: six inches of topsoil and six inches of subsoil. If the original soil depth was less than one foot, restoration shall be to a minimum of the original depth.

ELECTRIC VEHICLE CHARGING STATION

All topsoil shall be stripped from the active excavation area and stockpiled on site and seeded for use in accordance with the reclamation plan. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property.

(7)

Revegetation of the site to control dust and erosion and to restore the natural character is required. The operator shall maintain the vegetation for two growing seasons to ensure viability.

Reclamation bonding for small-scale mines. The Planning Board shall require the permit holder to post a bond in an amount at least sufficient to cover the costs of the reclamation plan, and the provisions of § 180-16.2E shall be applicable.

§ 180-23.2 Electric vehicle charging stations.

[Added 7-20-2017 by L.L. No. 3-2017]

Intent. It is the intent of the Town Board to encourage electric vehicle charging stations as a method of protecting the environment and to encourage the use of said vehicles in the Town by residents and visitors who use such vehicles.

Definitions. As used in this section, the following terms shall have the meanings indicated:

A system for the charging of an electric vehicle. Components typically include a charging kiosk and a transformer.

ELECTRIC VEHICLE CHARGING

The use of an electric vehicle charging station by which electric vehicles are fueled through the transfer of electricity into the vehicle battery.

Permit. No person shall install an electric vehicle charging station within the Town without a permit issued from the Building Department. Charging station permits shall expire and become invalid unless the authorized installation is completed within six months of written approval. Upon completion of an installation, the permittee must contact the Code Enforcement Officer and arrange an inspection of the charging station to ensure compliance with all federal, state, and local laws. The application for a permit shall be $200.

Conditions of permit. The following requirements shall apply to all electric vehicle charging stations:

All installations must comply with National Electric Code, NFPA 70, and Article 625.

All installations must comply with the New York State Building Code, New York State Residential Code, New York State Existing Building Code, New York State Fire Code, New York State Plumbing Code, New York State Mechanical Code, New York State Fuel Gas Code, and the New York State Energy Conservation Construction Code.

Any person installing a charging station must, prior to installation, notify the utility providing electric power to the property.

Each electric vehicle charging station shall include vehicle impact protection (bollards) or a similar structure.

Components for electric vehicle charging stations may encroach up to 36 inches into a required setback or buffer.