Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 11-27-1984 by L.L. No. 31-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning Board of Appeals — See Ch. 64.
Screening and buffering facilities — See Ch. 200.
Zoning — See Ch. 250.
[Amended 9-27-2005 by L.L. No. 18-2005]
The Mayor and Board of Trustees recognize that satellite earth stations are an important means of audio and visual communication for the convenience and enjoyment of the public as well as the needs of businesses within the Village of Rye Brook. Developments in technology have allowed a dramatic reduction in the size and, consequently, the overall impact of certain satellite earth station antennas. The Mayor and the Board of Trustees find that the uncontrolled construction of satellite earth station antennas larger than one meter in diameter in the Village of Rye Brook would be inimical to the health, safety and general welfare of citizens of Rye Brook. It is the purpose of this chapter to establish standards for the construction and erection of satellite earth station antennas upon residential and commercial properties within Rye Brook in order to protect against injury to persons who may be attracted to such satellite earth station antennas, particularly children, and to prevent the depreciation of land values that could result from the indiscriminate placement of such antennas.[1]
[1]
Editor’s Note: The definitions and regulations set forth in Chapter 196 are in conformance with Parts 1 and 25 of Title 47 of the Code of Federal Regulations governing satellite earth station antennas.
[Amended 12-15-1992 by L.L. No. 2-1992; 8-26-2003 by L.L. No. 13-2003; 9-27-2005 by L.L. No. 18-2005]
No satellite earth station antenna shall be constructed, erected, maintained, installed and/or modified until a building permit is issued by the Building Inspector. Prior to applying for a building permit, site plan approval must be obtained from the designated approval authority as provided for in this chapter. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Building Inspector such plans, drawings and specifications as he may reasonably require as to the satellite earth station antenna to be constructed, erected, maintained, installed and/or modified and shall pay a fee in an amount set by resolution of the Board of Trustees with said application. The current License and Fee Schedule is on file in the Village Clerk's office.
[Added 9-27-2005 by L.L. No. 18-2005]
As used in this chapter, the following terms shall have the meanings indicated:
SATELLITE EARTH STATION ANTENNA
Any exterior equipment exceeding one meter in diameter or in width or in length, used to receive direct broadcast satellite service, including direct-to-home satellite service; to receive or transmit fixed wireless signals via satellite; to receive video-programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services; to receive or transmit fixed wireless signals other than via satellite; or to receive broadcast communications signals. Such term shall include any mount, mast, pole or other elevating device supporting the same.
[Amended 9-27-2005 by L.L. No. 18-2005; 9-26-2006 by L.L. No. 15-2006]
No person shall cause, suffer or permit the construction, erection, maintenance, installation and/or modification of any satellite earth station antenna within an R-25, R-20, R-15, R-15A, R-12, R-10, R-7, R-5, R2-F or RA-1 Residential District, as defined in the Zoning Law of the Village of Rye Brook,[1] except as set forth herein:
A. 
No such antenna shall be constructed, erected, maintained, installed and/or modified or otherwise located within the front yard of any parcel of realty.
B. 
The construction, erection, maintenance, installation and/or modification of any satellite earth station antenna shall be subject to site plan review by the designated approval authority.
(1) 
The Planning Board shall be the designated approval authority and shall have the authority to review and approve, with or without modification, or disapprove site plan applications for the construction, erection, maintenance and/or installation of such antennas on any parcel of realty of less than four acres or any subdivision of five or less lots (minor subdivision, pursuant to § 209-31 of the Village Code).
(2) 
The Board of Trustees shall be the designated approval authority and shall have the authority to review and approve, with or without modification, or disapprove site plan applications for the construction, erection, maintenance, installation and/or modification of such antennas on any parcel of realty of four acres or greater or any subdivision of six or more lots (major subdivision, pursuant to § 209-31 of the Village Code). Such applications shall be referred to the Planning Board for review and recommendation.
C. 
No such device shall be installed on or above any building or structure, but shall be freestanding.
D. 
All satellite earth station antennas shall be situated in a position that is least visible from any adjacent streets.
E. 
No more than one satellite earth station antenna shall be permitted on any lot within an R-25, R-20, R-15, R-15A, R-12, R-10, R-7, R-5 Residential District, as defined in the Zoning Law of the Village of Rye Brook.[2] No more than two satellite earth station antennas shall be permitted on any lot within an R2-F Residential District, as defined in the Zoning Law of the Village of Rye Brook.[3] The construction, erection, maintenance, installation and/or modification of any satellite earth station antenna(s) within an RA-1 Residential District, as defined in the Zoning Law of the Village of Rye Brook, shall be subject to site plan review in the same manner as described in Subsection B of this section.
[2]
Editor's Note: See Ch. 250, Zoning.
[3]
Editor's Note: See Ch. 250, Zoning.
F. 
All satellite earth station antennas shall be deemed structures, as said term is defined in the Zoning Law of the Village of Rye Brook, and shall be subject to all regulations set forth in said Zoning Law governing the location and height of accessory buildings. However, as a further restriction, all satellite earth station antennas shall be set back from all lot lines a distance equal to two times the minimum side lot setback distance for that zone.
G. 
All satellite earth station antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification or successors to said standards, as well as any other construction performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including without limitation the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Building Inspector shall be submitted to the Building Inspector as a condition of the building permit required by this chapter.
[1]
Editor’s Note: See Ch. 250, Zoning.
No person shall cause, suffer, or permit the construction, erection, maintenance, installation and/or modification of any satellite earth station antenna within an OB-1, OB-2, OB-3, OB-S, C1-P, C1 or H-1 District, or Airport Zones, as defined in the Zoning Law the Village of Rye Brook[1] except as set forth herein.
A. 
No such antenna shall be constructed, erected, maintained, installed and/or modified or otherwise located within the front yard of any parcel of realty. Except where provided for in the Zoning Law of the Village of Rye Brook, the front yard of any parcel of realty within an OB-1, OB-2, OB-3, OB-S, C1-P, C1 or H-1 District, or Airport Zones, as defined in the Zoning Law of the Village of Rye Brook shall be deemed to be the yard(s) abutting the lot's frontage, as defined in the Zoning Law of the Village of Rye Brook.
B. 
The construction, erection, maintenance, installation and/or modification of any satellite earth station antenna shall be subject to site plan review by the designated approval authority.
(1) 
The Planning Board shall be the designated approval authority and shall have the authority to review and approve with or without modification or disapprove site plan applications for the construction, erection, maintenance, installation and/or modification of such antennas on any parcel of realty of less than four acres or any subdivision of five or less lots (minor subdivision, pursuant to § 209-31 of the Village Code).
(2) 
The Board of Trustees shall be the designated approval authority and shall have the authority to review and approve, with or without modification, or disapprove site plan applications for the construction, erection, maintenance, installation and/or modification of such antennas on any parcel of realty of four acres or greater. Such applications shall be referred to the Planning Board for review and recommendation.
C. 
No more than three satellite earth station antennas shall be permitted on any lot.
D. 
All satellite earth station antennas shall be deemed structures, as said term is defined in the Zoning Law of the Village of Rye Brook,[2] and shall be subject to all regulations set forth in said Zoning Law governing the location and height of accessory buildings. However, as a further restriction, all satellite earth station antennas shall be set back from all lot lines a distance equal to two times the minimum side lot setback distance for that zone.
[2]
Editor's Note: See Ch. 250, Zoning.
E. 
All satellite earth station antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification or successors to said standards, as well as any other construction performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including without limitation the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Building Inspector shall be submitted to the Building Inspector as a condition of the building permit required by this chapter.
[1]
Editor's Note: See Ch. 250, Zoning.
[Amended 9-27-2005 by L.L. No. 18-2005]
A. 
Every satellite earth station antenna shall be enclosed within a wooden, vinyl or wire mesh fence having a height of six feet in order to prevent unauthorized persons from gaining access to the antenna. The fence required hereby may be constructed on the perimeter of the property in accordance with the Village of Rye Brook code governing fences, but the screening requirements set forth in this chapter shall remain in effect, even if the fence constructed is at or near the perimeter of the property rather than in closer proximity to and surrounding the antenna and mount.
B. 
All such satellite earth station antennas shall be reasonably screened to minimize the view of the antenna(s) from public thoroughfares and the ground level of adjacent properties. Screening may consist of trellis, latticework, decorative block, basket-weave fencing, open artistic block or other similar material at least six feet in height, as is approved by the Building Inspector, or may consist of approved plantings of at least six feet in height of such kind, proximity and density of growth as shall effectively screen the antenna and mount in all seasons of the year. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted in connection with the satellite earth station antenna is subject to revocation by the Building Inspector. All screening shall conform to all other Village laws.
Applications for variances from the terms of this chapter may be presented to the Zoning Board of Appeals of the Village of Rye Brook utilizing the same procedures and under the same terms and conditions as other variance applications.
[Amended 12-15-1992 by L.L. No. 2-1992]
Any person, firm or corporation or his, her or its agent, servant, representative or employee violating any of the provisions of this chapter shall be punishable as provided in § 1-17 of Chapter 1, General Provisions. Each day's continuance of a violation of any of the provisions of this chapter shall be deemed a separate and distinct offense and shall be punishable accordingly.