[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.]
[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]
[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:
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.
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.
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.
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.
[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.
