A.
Purposes and general provisions.
(1)
The purpose of this article is to set forth the application
procedure for consideration of special uses within individual zoning
districts. These procedures apply to certain land uses and activities
which, due to their particular characteristics or the nature of the
area in which they are to be located, require special consideration
so that they may be properly located and planned with respect to the
objectives of this chapter and their effect on the surrounding properties
and community character.
(3)
The special uses for which conformance to additional
standards is required by this article are deemed by their inclusion
within such zoning district to be permitted uses in their respective
districts, subject to demonstration by the applicant of sufficient
proof of the satisfaction of the requirements and standards set forth
herein. All such uses are declared to possess characteristics of such
a unique and special nature that each specific application shall be
considered an individual case, and the granting of a special use permit
for one special use in a zoning district shall be limited to its own
facts and circumstances and shall have no precedential effect entitling
or implying that a similar use would be capable of satisfying the
requirements and standards set forth herein.
B.
Administration by Planning Board. The Planning
Board is hereby authorized to administer and carry out the intent
established in this article.
C.
Application procedures prior to Board review.
(1)
An application for a special use permit shall be made
by the applicant to the Building Inspector. It shall be the duty of
the Building Inspector to determine if the special use is permitted
in the zone in which the use is proposed to be located. In the event
that the Building Inspector determines that the use is permitted,
the application for a special use permit shall be forwarded to the
Planning Board as set forth hereinbelow.
D.
Application procedures to Planning Board.
(1)
Upon receipt of the application for a special use permit, the Planning Board shall hold a public hearing after public notice and in accordance with § 208-109E of this chapter. Unless otherwise extended by mutual consent of the Planning Board and the applicant, the Planning Board shall act upon the application within 62 days from the date of the public hearing. In the event that a determination is not made by the Planning Board within said sixty-two-day period, the application shall be deemed approved.
(2)
At least seven days but not more than 20 days before the date of the hearing, the applicant shall mail a copy of legal notice of the hearing to all property owners of property within 500 feet of the applicant's parcel following the procedure contained in § 208-115F of this chapter.
(3)
Prior to taking action on a special use permit application
for properties which fall under § 239-m of the General Municipal
Law, the Board shall make referrals to the county planning agency
in accordance with §§ 239-l and 239-m of the General
Municipal Law.
(4)
Prior to granting any approvals relative to the proposed
application, the appropriate lead agency shall undertake SEQRA review
and determination in accordance with New York State Environmental
Conservation Law and 6 NYCRR Part 617.
(5)
As a condition of approval of a special use permit,
the Planning Board may require a performance bond, client fund account,
or letter of credit to guarantee satisfactory performance of the required
improvements. Such security shall be part of or in addition to any
required by the Planning Board as part of a site plan review application.
(6)
The Planning Board shall attach such conditions and
safeguards to the special use permit as are determined by the Planning
Board to be necessary or desirable to ensure conformance with the
letter and spirit of all applicable standards and requirements and
to protect the public health, safety and general welfare. The Planning
Board may require any off-site, off-premises improvements that might
be necessary to mitigate the impacts of the proposal.
E.
Standards for special use permits.
(1)
Before granting approval to any special use, the Planning
Board shall determine whether the proposed special use will, among
other things, satisfy the following considerations:
(a)
That the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent
use districts.
(b)
That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the district
wherein the proposed use is to be located.
(c)
That the public health, safety, general welfare
or order of the Town will not be adversely affected by the proposed
use in its location.
(d)
That the use will be in harmony with and promote
the general purposes and intent of the Comprehensive Plan
and this chapter.
(e)
That the character of the existing uses and
approved future development in the district will not be adversely
affected by the location of the proposed special use in the proposed
location.
(f)
The conservation of property values in the vicinity
of the proposed specially permitted use and the encouragement of the
most appropriate use of land.
(g)
The effect that the location of the proposed
use may have on the increase of vehicular traffic congestion on public
streets and highways.
(h)
That the proposed site provides adequate parking
facilities to protect against hazardous traffic and/or parking conditions.
(i)
The availability of adequate and proper public
or private facilities for water and for the treatment, removal or
discharge of sewage, refuse or effluent (whether liquid, solid, gaseous
or otherwise) that may be caused by or as a result of the proposed
use.
(j)
Whether the use or materials incidental thereto
or produced may give off obnoxious odors, smoke or soot or will cause
disturbing emissions of electrical charges, dust, light, vibration
or noise detrimental to the public health, safety and general welfare.
(k)
Whether operations of the special use will cause
undue interference with the orderly enjoyment by the public of parking
or of recreational facilities, if existing or if proposed by the Town
or by other governmental agencies.
(2)
Additional standards applicable to electrical substations
in residential zones. No special use permit shall be granted for an
electrical substation in any residential district or Business District
B-3 unless the Planning Board shall conduct a public hearing
at a regularly scheduled Town Board meeting.[1]
(3)
Additional standards for review for applications for permanent farm labor housing pursuant to § 208-16D.
[Added 5-2-2011 by L.L. No. 11-2011]
(a)
Permanent farm labor housing as defined in this section may be allowed
under the following circumstances and conditions:
[1]
Only by special use permit issued by the Planning Board. The Planning
Board will determine the nature of site plan review to be required
based upon the number of units, size and complexity of the housing
to be provided.
(b)
Farm labor housing units that cease to be used as such for a period
of 2 1/2 years shall be removed, subdivided from the farm property,
or converted to an appropriate farm use on application to the Planning
Board by the Code Enforcement Office.
F.
Revocation of permit: enforcement.
(1)
A use authorized by special use permit may be revoked
by the Planning Board if it is found and determined, after a public
hearing, that there has been a material failure of compliance with
any one or more of the terms, conditions, limitations or requirements
imposed by said permit.
G.
Modifications and additions to special uses.
(1)
An amendment or modification to an existing special use is any change in the size or configuration of the structures or appurtenances associated with the facilities constituting the special use. A change in the nature of the use of the lot(s) in question is to be considered a proposed new special use of the affected lot(s) and will require an application for and consideration of a special use permit pursuant to § 208-79C.
(2)
Any amendment or modification of an existing special use will be subject to site plan review by the Planning Board pursuant to Article XVI of this chapter. Application for a special use permit for the proposed amendment or modification will not be required.
(3)
Subject to the foregoing, any amendment or modification
will be limited to a twenty-five-percent expansion of the improved
area subject to the special use. The amendment/modification must be
consistent with the presently permitted special use.
[Added 10-18-2021 by L.L. No. 6-2021]
A.
B.
Factors to be considered by the Planning Board:
(1)
The setbacks proposed and available in relation to other applicable
setbacks for the zone within which the installation is proposed.
(2)
The proposed height, width and dimensions of the installation and
housing structures, and whether the proposed installation is compatible
with adjacent uses in terms of scale, siting, design, lighting and
noise generation.
(3)
The maximum surface area of the proposed installation in relation
to the available lot size for the host parcel.
(4)
Energy load of the primary residence or buildings to be powered by
the installation.
C.
Design standards and requirements.
(1)
Space and bulk standards for Tier 2 solar energy systems.
|
Zoning District
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Standard
|
R-3
|
R-1
|
CR
|
HR
|
HM
|
B-5
|
LI-1
|
LI-2
|
|
Minimum lot size (square feet)
|
40,000
|
40,000
|
40,000
|
20,000
|
20,000
|
20,000
|
20,000
|
20,000
|
|
Front yards (feet)
|
50
|
50
|
50
|
50
|
30
|
30
|
30
|
30
|
|
Rear yards (feet)
|
30
|
30
|
30
|
25
|
25
|
25
|
25
|
25
|
|
Side yards, each (feet)
|
20
|
20
|
20
|
15
|
15
|
15
|
15
|
15
|
|
Maximum height (measured from the highest natural grade below
each solar panel) (feet)
|
10
|
10
|
10
|
10
|
10
|
15
|
15
|
15
|
(2)
Space and bulk standards for Tier 3 solar energy systems.
|
Standard
|
R-3
|
R-1
|
CR
|
B-5
|
LI-1
|
LI-2
|
|---|---|---|---|---|---|---|
|
Minimum lot size (acres)
|
4
|
3
|
4
|
1.5
|
1.5
|
1.5
|
|
Front yards (feet)
|
100
|
100
|
100
|
50
|
50
|
50
|
|
Rear yards (feet)
|
100
|
100
|
100
|
30
|
30
|
30
|
|
Side yards, each (feet)
|
100
|
100
|
100
|
25
|
25
|
25
|
|
Maximum height (measured from the highest natural grade below
each solar panel) (feet)
|
15
|
15
|
15
|
20
|
20
|
20
|
(3)
Visibility. Tier 2 and Tier 3 solar energy systems (including any
and all solar energy equipment) shall have views minimized from public
roadways and adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area. Tier 3 applicants must provide a visual assessment
of the visual impacts of the solar energy system on public roadways
and adjacent properties. Depending upon the scope and potential significance
of the visual impacts, additional visual impact analyses, including
for example a digital viewshed report, may be required.
(4)
Screening and landscaping. Tier 2 solar energy systems shall be screened
with an appropriate combination of natural vegetative buffer, landscaping,
or other such screening as the Planning Board shall determine, and
installations shall be sited so as to minimize significant adverse
visual and/or auditory impacts. Tier 3 solar energy systems shall
provide a screening and landscaping plan that specifies the locations,
elevations, height, plant species, and/or materials that will comprise
the structures, landscaping, and/or grading used to screen and/or
mitigate any adverse aesthetic effects of the system. Existing vegetation
may be used to satisfy all or a portion of the required landscaped
screening.
(5)
Utility lines. All on-site utility lines shall be placed underground
to the extent feasible and as permitted by the serving utility, with
the exception of the main service connection at the utility company
right-of-way and any new interconnection equipment, including without
limitation any poles, with new easements and right-of-way.
(6)
Vehicular paths. Vehicular paths associated with the solar energy
systems shall be designed to minimize the extent of impervious materials
and soil compaction.
(7)
Signage. No signage or graphic content shall be displayed on the
solar energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet. As required by National Electric Code
(NEC), disconnect and other emergency shutoff information shall be
clearly displayed on a light reflective surface. A clearly visible
warning sign concerning voltage shall be placed at the base of all
pad-mounted transformers and substations.
(8)
Glare. All solar panels shall have anti-reflective coating(s).
(9)
Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
(10)
Tree-cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(11)
Fencing. For Tier 3 solar energy systems, all mechanical equipment,
including any structure for storage batteries, shall be enclosed by
a seven-foot-high fence, as required by NEC, with a self-locking gate
to prevent unauthorized access.
(12)
Agricultural resources. Any Tier 3 solar energy system located
on the areas that consist of prime farmland or farmland of statewide
importance shall to the maximum extent practicable avoid disturbance
of these most valuable/productive farmland soils.
(13)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the solar energy system shall notify the zoning enforcement
officer of such change in ownership or operator within 30 days of
the ownership change.
(14)
Safety.
(a)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(b)
Solar energy systems shall be maintained in good working order
and in accordance with industry standards. Site access for Tier 3
solar energy systems shall be maintained, including snow removal at
a level acceptable to local emergency services districts.
(c)
If solar storage batteries are included as part of the solar
energy system, they shall meet the requirements of any applicable
fire prevention and building code when in use and, when no longer
used, shall be disposed of in accordance with the laws and regulations
of the Town and any applicable federal, state, or county laws or regulations.
(15)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operators expense, which at the owner's option may come from any security made with the Town as set forth in § 208-80C(16).
(b)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
(16)
Security.
(a)
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
attorney and/or engineer shall be in an amount sufficient to ensure
the good faith performance of the terms and conditions of the permit
issued pursuant hereto and to provide for the removal and restorations
of the site subsequent to removal. The amount of the bond or security
shall be 125% of the cost of removal of the solar energy system and
restoration of the property with an escalator of 2% annually for the
life of the solar energy system. The decommissioning amount shall
be reduced by the amount of the estimated salvage value of the solar
energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
(17)
Solar energy system special use permit time frame, and abandonment.
(a)
The special use permit for a solar energy system shall be valid
for a period of 18 months, provided that a building permit is issued
for construction. In the event construction is not completed in accordance
with the final site plan, as may have been amended and approved, as
required by the Planning Board, within 18 months after approval, the
applicant or the Town may extend the time to complete construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 24 months, the approvals shall expire.
(b)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Town may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
(c)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
A.
Applications for the use of stables and riding academies
(both commercial and noncommercial) shall be subject to site plan
review by the Planning Board. The minimum area for the commercial
stabling of horses on any lot shall be 10 acres, and the maximum number
of horses allowed shall be two horses per acre. There shall be no
stabling of animals, storage or use of manure or other dust-producing
substances or riding rings within a distance of 50 feet to any lot
line, nor shall any public trail-riding business trail cross a public
way, road, street or highway unless by approval of the Highway Superintendent,
who may require the establishment of a safe crossing to include horse
crossing signs. All outdoor lighting shall be so located and directed
as not to directly illuminate any adjoining property, nor shall any
beam of light cross the property line. Unless specifically decided
otherwise by the Planning Board, screening shall be required between
such use and any other nonagricultural use.
B.
In passing upon any application for a stable or riding
academy, the Planning Board shall consider the drainage, percolation
and topography of the proposed site and its proximity to public or
private water supplies.
C.
Any stable or riding academy which becomes a nonconforming use by virtue of the adoption of this section shall, within six months from the effective date of this section, be required to apply dust palliative to all riding areas to the extent that the dust created by any activity does not become a health hazard or serious nuisance to any neighboring properties, as determined by the Building Inspector. If, after treatment has been administered, later weather conditions cause the area to become so dry that a health hazard or serious nuisance is being created, as determined by the Building Inspector, then all activities shall cease until these conditions are corrected either by nature or otherwise. Any failure to comply with the requirements of this section shall be deemed a violation and subject to the penalties as listed in § 208-111 of this chapter.
A.
Keyhole lots may be permitted by the Planning Board
only in Residential Districts R-1 and R-3 and only in rare instances
when required due to unusual conditions of the area. Keyhole lots
shall not be created for any use other than a single-family dwelling.
[Amended 10-16-2006 by L.L. No. 11-2006; 10-16-2006 by L.L. No. 14-2006]
B.
Space and bulk standards for keyhole lots shall be the same as delineated in § 208-11 for the district in which they are located, except that all setbacks, whether front, side or back yards, shall be a minimum of 50 feet for the main building/structure. Setbacks for accessory structures shall be as required by § 208-12, Accessory buildings, for residential districts or as specifically noted in commercial districts.
[Amended 10-16-2006 by L.L. No. 11-2006]
C.
The minimum width of the building line for a keyhole
lot shall normally be measured parallel to the street line, unless
determined otherwise by the Planning Board during subdivision approval.
D.
All driveways to keyhole lots shall be constructed and maintained at a minimum of 16 feet wide and to meet the standards contained in § 73-19 of Chapter 73 of the Code of the Town of Clifton Park, i.e., "A driveway over 500 feet in length must be accessible and able to hold a fifty-thousand-pound, thirty-foot-long vehicle, as determined by a licensed engineer, with facilities for turning around to be available within 100 feet of any structure."
E.
To ensure privacy for adjacent lots, a landscaped
buffer shall be planted on the keyhole lot wherever deemed necessary
by the Planning Board. The buffer shall contain sufficient planting
materials as needed to screen the keyhole lot from other existing
uses. This requirement may be waived by the Planning Board if topographic
conditions or existing vegetation provide adequate screening.
F.
Appropriate signage must be provided as indicated
in the following note which will be placed on the final plat of any
subdivision containing a keyhole lot:
|
"STANDARD NOTE FOR ADDRESS IDENTIFICATION. The
street number of a dwelling situated on a keyhole lot shall be permanently
and conspicuously displayed on a sign, with lettering no less than
3 inches nor greater than 8 inches in height, and placed no more than
25 feet from the road pavement. The sign shall be displayed for both
directions of travel and be reflective. Identification markers must
also be placed at any location where a common drive splits."
|
Nothing herein contained shall be interpreted
to limit or restrict the height of church spires, cupolas and domes
not intended for human occupancy, public utility structures, monuments,
commercial radio or television transmission towers, observation towers,
belfries, clock towers, windmills, water tanks, elevator bulkheads,
chimneys, flagpoles, stage towers, scenery lofts or similar structures.
Nothing herein contained shall prevent the projection
of an open, fireproof escape into a rear or side yard for a distance
of up to eight feet.
Upon the standards, conditions and procedures set forth in § 208-79, the Planning Board may authorize the issuance of a permit or permits for the construction of a shopping center for the conduct of retail business in any district Such proposed shopping center shall conform to the following requirements:
A.
Area. The minimum area shall be 10 acres.
B.
Initial construction. Satisfactory assurance shall
be given that initial construction will comprise not less than 50%
of the planned total construction as measured in terms of bulk of
the buildings proposed to be built.
C.
Plan. The proposed development shall be in accordance
with a unified site plan and architectural scheme. However, it shall
not be required that the whole of the development be in a single ownership
or built or financed by a single party if satisfactory evidence is
shown that all parties who are financially or otherwise concerned
in the development are legally bound to conform to the above-required
unified site plan and architectural scheme.
D.
Entrances upon streets and highways. All vehicular
entrances and exits upon public roads shall be approved by the appropriate
highway official.
E.
Off-street parking. Based on the general guideline
of five spaces per 1,000 square feet of gross floor space. the Planning
Board shall determine the amount of automobile parking space to be
provided as, in the opinion of the Planning Board, may be necessary
to safeguard public health, comfort and convenience upon the following
standards and conditions:
F.
Off-street loading and unloading space. Off-street loading and unloading space shall be provided, in addition to the space required by § 208-89E above.
G.
Boundary treatment. No building shall be placed closer
to any street line or to any other property line than 100 feet. No
parking space shall extend nearer to any street line than the established
building line or closer to any other property line than 50 feet, and
the boundaries along all side and rear property lines abutting upon
any residence district shall be appropriately landscaped and maintained
by a border not less than 30 feet in width, measured inward from any
such boundary line. For the side property lines, the landscaping shall
commence at the front building line. For the rear property line, the
landscaping shall run from side property line to side property line.
Where the shopping center area is directly adjoined by land in any
business or industrial district or by a railroad right-of-way, buildings
may extend to within 30 feet of the property line, and any automobile
parking space may extend to the property line.
Where a public sanitary sewer main is not available
as defined by the New York State Uniform Fire Prevention and Building
Code, other proper provisions approved by the Building Inspector shall
be made for the disposal of sanitary waste. Individual septic systems
may be permitted as indicated herein provided that they are designed
by a New York State licensed professional engineer and conform to
the requirements of the New York State Department of Health.
A private swimming pool installed or maintained
as an accessory use in a residence district shall meet the following
requirements:
A.
It shall be used only as an accessory use to a dwelling
or as an accessory use to a special permit use in a residence district
for the private use of the owner or occupant of such dwelling or building
or his or her family, guests or employees.
B.
All swimming pools must have the required enclosure
as specified in the New York State Uniform Fire Prevention and Building
Code, and such enclosures shall be maintained as long as the pool
exists.
C.
All pools shall be maintained in a manner sufficient
to meet the bacterial standards established by the provisions of the
New York State Sanitary Code relating to public swimming pools.
D.
All pools shall be equipped with an integral filtration
system and filter pumps and may be equipped with other electrical
or mechanical devices, including lighting and loudspeakers, all of
which shall be so located and constructed or operated as not to interfere
with the peace, comfort and repose of the occupant of any adjoining
property.
E.
The Building Inspector may request a statement by
a professional engineer, licensed by the State of New York, that provisions
for the drainage of the swimming pool are adequate and will not interfere
with the public water supply or existing sanitary facilities and that
adequate ground fault circuitry will be installed as specified by
the National Electrical Code.
A.
No public garage or automobile service station or
private garage for more than five cars shall have a vehicular entrance
closer than 200 feet to an entrance to a church, school, hospital,
public park, playground or fire station. Such measurement shall be
taken as the shortest distance between such entrances, across the
street if the entrances are on opposite sides of the street and along
the street frontage if both entrances are on the same side of the
street or within the same square block. All vehicular entrances and
exits upon public roads shall be approved by the appropriate highway
official.
B.
All gasoline storage tanks appurtenant to any automobile
service station and the automobile service station shall be situated
upon the same premises.
C.
All automobile service stations shall be
so arranged and all gasoline pumps shall be so placed as to require
all servicing on the premises and outside the public way, and no gasoline
pump shall be placed closer to any property line than 50 feet.
During all periods of time after sundown that
the recreation center shall be open and conducting the business of
a recreation center, the entire premises, including land area wherein
the public is invited, shall be fully and adequately lighted so that
no area shall be in darkness.
[Amended 12-9-1996 by L.L. No. 11-1996; 4-6-1998 by L.L. No. 2-1998; 2-4-2002 by L.L. No. 2002; 10-16-2006 by L.L. No.
14-2006; 8-6-2007 by L.L. No. 8-2007; 9-15-2008 by L.L. No.
5-2008]
A.
Legislative intent. The Federal Telecommunications
Act of 1996 ("the Federal Act") affirmed the authority of municipalities
over decisions regarding the placement, construction, siting, operation
and modification of wireless communications facilities subject to
certain limitations enumerated in the Federal Act. Since its passage,
the Town of Clifton Park has updated its Comprehensive Plan, and the
Town has generated additional planning documents, including the open
space plan of 2003, Western Clifton Park land conservation plan and
GEIS, and has updated its zoning laws to reflect these changes. In
order to ensure that the priorities expressed in those documents and
the overall commitment to the Town's character and culture are preserved,
and in order to ensure that the placement, construction and modification
of communications towers, antennas and accessory communications structures
conforms to the Town's purpose and intent of this section, the Planning
Board is hereby authorized to grant special use permits for all new
construction of communications towers and facilities within the Town
of Clifton Park. The Planning Board is also authorized to grant approval
for placement of antennas and accessory equipment pursuant to this
article. The Town Board hereby adopts an overall policy with respect
to a special use permit for communications towers, antennas and accessory
communications structures for the express purpose of achieving the
following goals:
(1)
Implementing an application process for person(s)
seeking a special use permit for new, co-located, or modified wireless
facilities and communications towers, antennas and accessory communications
structures.
(2)
Establishing a policy for examining an application
for and issuing a special use permit for communications towers, antennas
and accessory communications structures that is both fair and consistent.
(3)
Establishing reasonable time frames for granting or
not granting a special use permit for communications towers, antennas
and accessory communications structures or recertifying or not recertifying
or revoking the special use permit granted under this article.
(4)
Promoting and encouraging, wherever possible, the
sharing and/or co-location of communications towers, antennas and
accessory communications structures among service providers.
(5)
Promoting and encouraging, wherever possible, the
design and placement of communications towers, antennas and accessory
communications structures, and to promote and encourage the design
and utilization of alternative tower structures and stealth technology,
in such a manner as to cause minimal disruption to aesthetic considerations
of the land, lot, property, buildings, and other facilities adjacent
to, surrounding, and in generally the same area as the requested location
of such communications towers, antennas and accessory communications
structures.
(6)
Minimizing adverse visual and auditory effects from
wireless communications facilities by requiring careful siting, visual
and auditory impact assessment and appropriate screening and the maximum
usage of noise-reduction technology.
(7)
Incorporate and reference the general and environmental
goals expressed in the Town's Master Plan, as well as subsequent Town
planning documents, including the Town of Clifton Park open space
plan, and Comprehensive Plan, as well as Western Clifton Park land
conservation plan and FGEIS, and the Western Clifton Park rural design
guidelines into the Telecommunications Act as an expression of the
Town's desire to maintain, preserve and enhance the character of the
Town and to protect the exceptional scenic, cultural, and historic
resources of the community to the maximum extent consistent with the
Federal Telecommunications Act of 1996 (the Federal Act).
(8)
Based upon the Town's experience with the implementation
of its five-hundred-foot buffer for communications equipment which
was enacted by Local Law No. 2 of 2002, the Town Board finds and determines
that that a buffer of at least 500 feet from the nearest residential
property line for new communications towers represents an appropriate
expression of Town policy by providing a minimum of assurance that
the aesthetic character of residential neighborhoods within the Town
be protected and so as to provide a minimum buffer between residential
uses and communications uses. Therefore, Town policy prohibiting new
communications towers, as defined in this article, within 500 feet
of the property line of residential properties within the Town is
restated and reinforced within this section. Any application seeking
variance or relief from this prohibition shall be subject to strict
scrutiny under the Federal Act as well as the State Environmental
Quality Review Act (SEQRA).
(9)
Providing a comprehensive framework for the review
and consideration of applications for placement of communications
equipment throughout the Town of Clifton Park that is consistent with
the Town's character, aesthetic, cultural and historic resources,
as well as legitimate need for wireless communications facilities
as defined by the Federal Act.
B.
ACCESSORY COMMUNICATIONS STRUCTURE
ALTERNATIVE TOWER STRUCTURE
ANTENNA
COLOCATION
COMMUNICATIONS TOWER
EXISTING TALL STRUCTURE
MODIFICATION or MODIFY
ONE-HUNDRED-TEN-PERCENT CLEAR ZONE
REVIEWING BOARD
ROOF TOWER
Definitions. The following definitions shall apply
to this article:
Any accessory facility, structure or building serving or
being used in conjunction with a communications tower or antenna.
Examples of such structures include utility or transmission equipment
storage sheds or cabinets.
Clock towers, bell steeples, light poles and similar existing
or new structures or other man-made structures which suitably camouflage
or are designed to camouflage or conceal the presence of antennas
and other wireless communications equipment without the necessity
of constructing new freestanding communications towers.
Any device or exterior apparatus mounted on a tower, building,
utility pole, light pole or other structure, designed for telephonic,
radio, data, Internet or television communications to transmit or
receive communications signals or electromagnetic waves for the purpose
of providing cellular services, telecommunications services, personal
communications services, personal wireless services, wireless cable,
commercial paging, data or wireless services, and its attendant base
station.
Arrangement or juxtaposition of multiple antennas and equipment
of multiple users on a single communications tower, water tower, or
other existing tall structure, or multiple communications towers on
a single site.
Any tower, pole, monopole or lattice tower or other freestanding
structure that is proposed to be higher than the existing height restrictions
within the applicable zoning district and is designed and constructed
for the purpose of supporting one or more antennas intended for transmitting
or receiving television, AM/FM radio, digital, microwave, cellular,
digital, telephone, wireless Internet, or other forms of electronic
communications, including, without limit, freestanding towers, guyed
towers, lattice towers, monopole towers, self-supporting towers or
any other structure designed or proposed to attach, house, hold or
support wireless communications facilities such as antennas or accessory
equipment as that term is commonly known within the telecommunications
industry. The term is intended to cover freestanding communications
towers as currently known within the industry and includes the structure
and any support elements, such as guy wires. Monopoles or extensions
of existing utility poles or other poles for the purpose of supporting
antennas or wireless Internet or other wireless communications facilities
shall be considered "new tower construction" under this section.
Tall buildings, existing communications towers or silos capable
of supporting communications antennas and ancillary equipment without
the necessity of constructing new freestanding communications towers.
The addition, removal or change of any of the physical and
visually discernible components or aspects of a wireless facility,
such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials of any visually discernible
components, vehicular access, parking and/or an upgrade or changeout
of equipment for better or more modern equipment. A modification shall
not include the replacement of any components of a communications
facility where the replacement is identical to the component being
replaced or for any matters that involve the normal repair and maintenance
of a communications facility without adding, removing or changing
anything.
The requirement that new communications towers be set back
a minimum of 110% of its own height from adjacent property.
The Town Board, Planning Board, or Zoning Board of Appeals
charged with reviewing applications for special use permit, zoning
variance, site plan approvals, or zoning change or amendment, such
as amendment to a planned development district necessary or proposed
to allow the siting or placement of wireless communications facilities.
A tower constructed on top of a preexisting building or structure.
C.
Applicability; exemptions; conflict with other legislation;
authority of reviewing board.
(1)
These regulations shall apply to all zoning districts.
(2)
Exemptions to these regulations are limited to:
(a)
New uses that are accessory to residential uses,
such as satellite dishes and television antenna(s), and less than
30 feet in height.
(b)
Amateur radio facilities as licensed by the
Federal Communications Commission (FCC).
(c)
Lawful or approved uses existing prior to the
effective date of these regulations.
(d)
Applications pending prior to the adoption of
this section.
(3)
Where these regulations conflict with other laws and
regulations of the Town of Clifton Park, the more restrictive shall
apply, except for tower height regulations that shall be governed
by these special use standards.
(4)
Authority. In the case of action required by the Town
Board, Planning Board or Zoning Board of Appeals under this section,
procedures and required disclosures provided for in this section shall
apply equally to proceedings before such boards as the appropriate
reviewing board.
D.
Location.
(1)
Below are the priorities an applicant must follow
in the selection of any new communications tower structure or co-location
facility. Additionally, applicants must refer to the Town's overall
planning documents, including the Comprehensive Plan, Western Clifton
Park GEIS and design guidelines, open space plan and applicable scenic
resources study, to help minimize aesthetic and visual impacts to
the community character in the detailed site planning and design for
any project.
(2)
An applicant shall locate, site and erect communications towers, structures, antennas and accessory structures, alternative tower structures, or other tall structures in accordance with the following priorities expressed within this section, Subsection D(3)(a) being the highest priority and Subsection D(3)(h) being the lowest priority. An applicant may not bypass sites of higher priority by stating the site presented is the only site it has leased or selected to cover the area of its demonstrated area of need. An application shall address co-location on an existing communications facility or tall structure as a primary option, and if such option is not proposed, the applicant must explain why co-location is commercially impracticable or is technologically infeasible as demonstrated by substantial evidence in the written record. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.
(3)
Prioritization.
(a)
Existing communications sites or tall structures.
(b)
Alternative tower structures.
(c)
L2 or L1 Zones.
(d)
Commercial PDD, B4, B4A, B5 Zones.
[Amended 11-9-2015 by L.L. No. 12-2015]
(e)
B3, B2, B1 and HM Zones.
(f)
PIR Zones and Town property, excluding nature
preserves and beyond 500 feet of any residential property line.
(g)
CR Zones.
(h)
R1, R3, HR, CS Zones or Residential PDD. New
communications towers are prohibited in these zones.
[Amended 11-9-2015 by L.L. No. 12-2015]
(4)
Site selection evaluation criteria.
(a)
In all cases, co-locating on existing tall structures
or utilizing alternative tower structures or nonresidential structures
are preferred methods of providing service within these areas, provided
there is no significant adverse impact to residential property within
500 feet of said structures or accessory equipment that cannot be
mitigated.
(b)
If the proposed property site is within a zone listed in Subsection D(3)(g) or below, then a detailed explanation must be provided as to why a site of a higher priority was not selected for the provision of service to the service area identified in the application. The person seeking such an exception must satisfactorily demonstrate by objectively verifiable data why a site in higher-priority zones were not selected to provide the service improvement. The reviewing board shall review such applications with strict scrutiny under the Federal Act and SEQRA.
(c)
The application shall demonstrate the applicant's
review of the above locations in order of priority, demonstrating
the technological reason for the site selection. If the site selected
is not the highest priority, then a detailed written explanation as
to why sites of a higher priority were not selected shall be included
with the application.
(d)
Notwithstanding that a potential site may be
situated in an area of highest priority or highest available priority,
the application may be disapproved for any of the following reasons:
[1]
Conflict with safety and safety-related codes
and requirements.
[2]
Conflict with the historic nature of a neighborhood
or historical district.
[3]
Adverse aesthetic impact upon the overall character
of the neighborhood and surrounding community, or conflict with fundamental
policy as expressed within the Town's Comprehensive Plan, open space
plan, Western Clifton Park GEIS, and related existing planning documents.
[4]
Applicant's failure to demonstrate, through
submission of objectively verifiable data, that the facility is needed
in order to fill service gaps within the Town under the Federal Act.
[5]
The applicant fails to satisfy any criteria
for siting under this section.
[6]
Adverse environmental impacts or resulting cumulative
impacts which cannot be mitigated pursuant to review of the application
under SEQRA.
E.
Procedure.
(1)
All applicants for a special use permit for communications towers, co-location facilities or any modification of such a facility shall follow the procedure for site plan approval set forth in § 208-113 et seq., as well as the procedures for special use permits as set forth in this § 208-95. In addition, such applications shall comply with the requirements set forth in this section.
(a)
The Planning Board is the designated agency
or body of the community to which applications for a special use permit
for communications towers, antennas and accessory communications structures
must be made and that is authorized to review, analyze, evaluate and
make decisions with respect to granting or not granting, recertifying
or not recertifying, or revoking special use permits for communications
towers, antennas and accessory communications structures.
(b)
An application for a special use permit and
for site plan approval for communications towers, antennas and accessory
communications structures shall be signed by the applicant (or by
a person acting on behalf of the applicant who has prepared the same
and who has knowledge of the contents and representations made therein),
attesting to the truth and completeness of the information. The owner
of the land on which the communications towers, antennas and accessory
communications structures are proposed to be located, if different
from the applicant, shall also sign the application. Any material
false or misleading statement in the application may subject the applicant
to denial of the application without further consideration or opportunity
for correction and may impact the time required to review and verify
future applications from the applicant.
(c)
The applicant shall include a statement in writing
verifying that the applicant's proposed communications towers, antennas
and accessory communications structures will be maintained in a safe
manner and in compliance with all conditions of the special use permit,
without exception, as well as all applicable local codes, local laws,
ordinances, and regulations and all applicable county, state and federal
statutes, laws, codes, rules, and regulations.
(d)
No communications towers, antennas and accessory
communications structures shall be placed, constructed, used or modified
in the Town unless and until a special use permit therefor has been
granted by the Planning Board pursuant to this article. No construction
or modification of communications towers, antennas and accessory communications
structures for which a special use permit has been issued shall take
place unless and until a building permit therefor has been issued
by the Town Code Enforcement Officer.
(e)
Application. All applications for a special use permit for the construction or installation of new communications towers, antennas and accessory communications structures shall be filed with the Town Planning and Zoning Department and shall be accompanied by a report containing the information hereinafter set forth, which said report shall be signed by a licensed professional engineer or qualified radio frequency consultant. Certifications required by Subsection E(1)(e)[17] and [18] of this article shall be made by a qualified radio frequency consultant. The certification required by Subsection E(1)(e)[20] shall be made by a licensed professional engineer. Determinations as to the qualifications of nonlicensed professionals shall be made in the reasonable discretion of the reviewing board.
[Amended 12-12-2022 by L.L. No. 3-2022]
[1]
Name, address, and phone number of the person
preparing the report.
[2]
Name, address, and phone number of the property
owner, operator, and applicant, including information about the legal
status of the applicant.
[3]
The Tax Map parcel number of the property and
911 addresses, if available.
[4]
Zoning district or designation in which the
property is situated.
[5]
Size of the property stated both in square feet
and lot line dimensions, and a diagram showing the location of all
lot lines.
[6]
Location of nearest residential structure, and
distance from nearest residential property lines.
[7]
Location, proposed height and dimensions of
all structures currently on the property and those proposed for the
property that is the subject of the application.
[8]
Location and dimensions of all proposed and
existing antennas and all appurtenant structures.
[9]
Type, locations, and dimensions of all proposed
and existing landscaping and fencing.
[10]
The number, type, and design of
the communications tower(s), antenna(s) and accessory communications
structure(s) proposed, and the basis for the calculations of the physical
capacity to accommodate co-location multiple site users.
[11]
The make, model, and manufacturer
of the proposed communications tower.
[12]
A description of the proposed
tower and antenna(s) and related fixtures, structures, appurtenances
and apparatus, including height above preexisting grade, materials,
color, and lighting.
[13]
The frequency, modulation, and
class of service of radio or other transmitting equipment.
[14]
A statement identifying the maximum
effective radiated power (ERP) per channel for all equipment proposed.
[15]
Identification of the manufacturer
and model identification of all antennas proposed, including proposed
antennas pattern and specification sheet.
[16]
Application's proposed tower maintenance
and inspection procedures and related system of records.
[17]
Certification of the nonionizing
electronic radiation (NIER) levels resulting from the proposed equipment,
and certification that such levels are within Federal Communications
Commission guidelines.
[18]
A statement within the application
that the applicant will exercise good faith efforts to avoid interference
with existing communications devices and work to attempt interference
resolution when necessary.
[19]
A copy of the FCC license applicable
for the use of the communications tower, antenna(s) and/or accessory
communications structure(s),with particular license information for
the proposed site highlighted.
[20]
Certification that a topographic
and geomorphologic study and analysis has been conducted and that,
taking into account the subsurface and substrata and the proposed
drainage plan, the site is adequate to assure the stability of the
proposed drainage plan and the site is adequate to assure the stability
of the proposed communications towers, antennas and accessory communications
structures on the proposed site. Notwithstanding any other provision
of this section, this requirement can be fulfilled prior to the issuance
of a building permit in the discretion of the Planning Board.
[21]
Documentation that demonstrates
and proves the need for the wireless communications facility to provide
service primarily and essentially within the Town. Such documentation
shall include propagation studies of the proposed site, all adjoining
proposed, in-service, existing or approved sites that demonstrate
a significant gap in coverage and/or, if a capacity need, including
an analysis of current and projected usage. The studies provided shall
utilize the current and best software technology currently used by
each applicant.
[22]
If the proposed location for the
site is within two miles of the geographic boundary of the Town of
Clifton Park, the propagation studies shall include studies showing
the existing and proposed coverage to the nearest neighbor sites,
regardless of the jurisdiction or municipality of such neighbor sites.
[23]
Location, layout, and dimensions
of off-street parking and loading facilities, vehicular entry, exit,
and circulation on the site and neighboring roads, including any and
all grading and drainage plans for the site, which shall be subject
to the approval of the Town Stormwater Management Officer;
[24]
Type, size, and location of all
proposed screening, signs, and physical features meant to protect
adjacent land uses.
[25]
Identification in writing of all
other sites owned, optioned or leased by the applicant in the Town
for which no application for special use permit or other approvals
for telecommunications facilities have been made, as well as identification
of all other sites that the applicant is planning to consider or review
for communications towers, antennas or accessory wireless communications
facilities within the Town for a two-year period following the date
of the application.
[26]
Disclosure in writing of any agreement
in existence prior to submission of the application that would limit
or preclude the ability of the applicant to share any new communications
towers, antennas and accessory communications structures that he constructs.
(f)
Information provided by applicants pursuant to Subsection E(1)(e)[25] above shall be kept separately and excluded from disclosure under the Freedom of Information Act (Public Officers Law § 87 et seq.), pursuant to Public Officers Law § 87, Subdivision 2(d), upon a showing by the applicant that disclosure of the material would result in substantial competitive injury. Determinations on the showing required to demonstrate competitive injury under this subsection shall be made by the Planning and Zoning Director in consultation with the Town Attorney.
[Amended 12-12-2022 by L.L. No. 3-2022]
(2)
Applications requiring change of zoning in planned
development districts.
(a)
Applications for new communications towers,
facilities or equipment, including co-locations, existing tall structures,
and those utilizing alternative tower structures requiring a change
in use within an existing PUD or PDD shall be made to the Director
of Planning and Zoning, who shall refer the application for zoning
change to the Town Board.
[Amended 12-12-2022 by L.L. No. 3-2022]
(b)
The Town Board may, within 30 days of its receipt
of an application pursuant to this section, refer the application
to the Planning Board for review and for its recommendation consistent
with this article. The Planning Board shall hold a public hearing
on the application and forward its recommendations to the Town Board
within 90 days of receipt of a complete application, unless for good
cause reasonable extensions are required, by the Planning Board or
applicant. The reviewing board, along with its consultant, shall reasonably
determine when an application is complete under this section. The
Planning Board's recommendations shall be advisory in nature and shall
include a recommendation that the application be approved, disapproved,
or approved with any restrictions that it recommends. The recommendations
of the Planning Board shall be in writing and shall contain the factual
basis for the recommendation upon a written record. The Town Board
shall make a final determination upon the application within 45 days
of its receipt of the Planning Board's written recommendation pursuant
to this subsection.
(c)
In cases where the Town Board declines to refer
an application to the Planning Board under this section, the Town
Board shall schedule a public hearing on the application and review
the application as the reviewing board under this article. In such
cases, the Town Board shall hold the public hearing and make a final
determination on the requested zoning change within 90 days of receipt
of the complete application, unless, for good cause, reasonable extensions
of time are required, by the Town Board or the applicant. Final determinations
regarding any required change in zoning shall be made by the Town
Board, in writing, and upon a written record.
(3)
New communications towers, poles, or any other structures
intended to house wireless communications equipment. In addition to
the procedures detailed above, applications for new towers or structures
shall provide the following information and meet the following requirements:
(a)
Notwithstanding any other provision of this
section, the construction of new communications towers is prohibited
in R1, R3, HR Zones and within Residential Planned Development District
Zones.
[Amended 11-9-2015 by L.L. No. 12-2015]
(b)
In addition to the prohibition contained in Subsection E(3)(a), above, new communications towers are prohibited within 500 feet of the property line of any existing residential property within the zones identified in Subsection E(3)(a), above. Any application seeking variance or relief from this prohibition shall be subject to strict scrutiny under the Federal Act as well the State Environmental Quality Review Act.
(c)
In the case of new communications towers, structures,
monopoles, poles or any other new structure proposed to hold, house
or affix antennas and accessory communications structures within or
onto, the applicant shall be required to submit a written report demonstrating
all efforts to secure shared use of existing communications towers,
antennas and/or accessory communications structures or use of existing
buildings or other tall structures within the Town, as well as the
use of alternative tower structures or other stealth technology to
meet the coverage need addressed in the application. Copies of written
requests and responses for shared use shall be provided to the reviewing
board.
(d)
New towers: future shared use. The applicant
for a new communications tower should examine the feasibility of designing
the proposed new communications tower to accommodate future demand
for up to four additional commercial applications, for example, co-locations.
The tower shall be structurally designed to accommodate, or to be
extended to accommodate, at least four antenna arrays equal to those
of the primary applicant, unless the applicant demonstrates that it
is infeasible to do so, with substantial evidence submitted within
a written record. The applicant shall submit to the board a letter
of intent committing the owner of the proposed new tower and his/her
successors in interest to negotiate in good faith for shared use of
the proposed tower by other telecommunications providers in the future.
This letter shall be filed with the Planning and Zoning Director.
Failure to abide by the conditions outlined in the letter may be grounds
for revocation of the special use permit. The letter shall commit
the new tower owner and his/her successors in interest to:
[Amended 12-12-2022 by L.L. No. 3-2022]
[1]
Respond within 90 days to a request for information
from a potential shared-use applicant.
[2]
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
[3]
Upon approval and construction of any new communications
tower, to negotiate in good faith with other licensed wireless service
providers for future shared use of the communications tower structure
and site. Future co-locations shall be subject to the involved parties
reaching agreement on reasonable terms and conditions pursuant to
current industry standards, as well as adequate structural capacity
and space to accommodate such co-location.
(e)
Prior to issuance of a certificate of compliance,
the applicant shall also furnish written certification that both the
foundation and attachments of the communications tower(s), structure,
antenna(s) and/or accessory communications structure(s) are designed
and constructed ("as built") to meet all applicable county, state
and federal structural requirements for loads, including wind and
ice loads.
(f)
After construction and prior to receiving a
certificate of compliance, the applicant shall furnish written certification
that the communications towers, antennas and accessory communications
structures and related facilities are grounded, bonded so as to protect
persons and property, and installed with appropriate surge protectors.
(g)
Applicants for a permit for a new communications
tower shall submit a completed full EAF and a completed visual EAF
addendum, upon request from the reviewing board or its consultant.
Applications for co-locations on existing structures or towers shall
include a short-form EAF upon such request.
(h)
Applicants for a permit for a new communications
tower or alternative tower structure shall furnish a visual impact
assessment that shall include:
[1]
A Zone Visibility Map, which shall be provided
in order to determine locations where the tower can be seen.
[2]
Pictorial representations of before and after
views from key viewpoints both inside and outside of the Town, including
but not limited to county roadways, highways and other major roads;
parks and preserves, as well as other public lands; historic districts;
preserves and historic sites normally open to the public; and from
any other location where the site is visible to the public at large.
Any key views requested by the Town's Planning and Zoning Director
or consultant shall be provided at the initial meeting of the Planning
Board or at any preapplication meeting where requested. Pictorial
representations shall exclude foreground trees, telephone poles, wires,
and other obstructions to the best possible degree in order to provide
accurate presentations of actual visual impact. The Planning Board,
acting in consultation with its consultants or experts, hired at the
expense of the applicant, will provide guidance concerning the appropriate
key sites at a preapplication meeting.
[Amended 12-12-2022 by L.L. No. 3-2022]
[3]
An assessment of the visual impact of the tower
base, guy wires and accessory buildings from abutting properties and
streets shall also be provided.
[4]
The applicant shall, in a manner approved by
the reviewing board, demonstrate in writing how he will effectively
screen from view the base and all related facilities and structures
of the proposed communications towers, antennas and accessory communications
structures.
[5]
All communications towers, antennas and accessory
communications structures and accessory facilities shall be sited
so as to have the least practical adverse visual effect on the environment
and its character and on the residences in the area of the communications
towers, antennas and accessory communications structures site.
[6]
Both the communications towers, antennas and
accessory communications structures and accessory facilities shall
maximize use of building materials, colors, and textures designed
to blend with the structure to which they may be affixed and/or to
harmonize with the natural surroundings, including the utilization
of stealth or concealment technology, techniques or designs as may
be required by the Planning Board or other reviewing board in order
to mitigate adverse impact to the aesthetic, scenic, environmental
and cultural assets within the community.
[7]
All accessory communications structures shall
be designed, sited and screened to minimize their visibility from
surrounding public streets or neighborhoods, using suitable materials,
colors, textures, screening and landscaping. All accessory antennas,
equipment and facilities, as well as the Tower Base area, shall have
appropriate visual screening to screen their view from neighboring
residences, recreation areas or public roads. Such screening shall
include the maximum feasible retention of existing vegetation and
shall provide such screening as necessary commensurate with the height
of the structures to be screened from view. The Planning Board or
other reviewing board may similarly require screening adjacent to
waterways, landmarks, refuges, community facilities or conservation
or historic areas within the view of the public.
(i)
In cases where the application is for a communications
tower on property abutting another municipality or for a site within
500 feet of another municipality, the applicant shall notify, in writing,
the legislative body of each municipality that borders the Town of
Clifton Park, the Saratoga County Planning Board and the Director
of Saratoga County Emergency Services. Notification shall include
the exact location of the proposed tower and a general description
of the project, including but not limited to the height of the tower
and its capacity for future use. Such notification shall be made to
the Saratoga County Planning Board and Saratoga County Emergency Services,
regardless of proximity of the proposed facilities to other municipalities.
In addition:
[1]
Documentation of this notification shall be
submitted to the Planning Board at the time of application.
[3]
In order to fully inform the public in the case of an application for a new communications tower or structure, the applicant shall, prior to the public hearing on the application, hold a "balloon test" as the Planning Board, reviewing board or its consultant shall deem appropriate. The dates (including a second date, in case of poor visibility or adverse weather conditions on the initial dates), times and location of this balloon test(s) shall be subject to notice per Article XVI, § 208-115F, and advertised by the applicant at seven days and 14 days in advance of the first test date in the officially designated newspaper for legal notices within the Town of Clifton Park.
[4]
Unless waived by the Planning and Zoning Director,
there shall be a preapplication meeting attended by the applicant
as well as a member of the Planning Board or other reviewing board
with jurisdiction. The purpose of the preapplication meeting will
be to address issues that will help to expedite the review and permitting
process. A preapplication meeting may also include a site visit, if
required. The applicant shall request a preapplication meeting by
correspondence directed to the reviewing board. The applicant may
file the application upon expiration of 45 days following delivery
of the correspondence requesting same, if such preapplication meeting
is not scheduled by the appropriate reviewing board within 45 days.
In cases of an application requiring a change in zoning for an existing
or proposed PDD or PUD, the preapplication meeting may include a member
of the Town Board.
[Amended 12-12-2022 by L.L. No. 3-2022]
(j)
All new communications towers or structures
must be sited, designed and constructed in such a manner as to guarantee
a one-hundred-ten-percent clear zone in case of tower failure.
F.
Additional requirements applicable to all applications
for special use permits.
(1)
Any and all representations made by an applicant to
the reviewing board, on the record, during the application process,
whether written or verbal, shall be deemed a part of the application
and may be relied upon in good faith by the Planning Board.
(2)
The applicant shall employ the latest current industry
standard in sound-minimizing technology and demonstrate to the satisfaction
of the reviewing board that all reasonably available technology will
be implemented so as to minimize auditory impacts from generators
or other ancillary equipment resulting from the proposal to adjacent
properties to a reasonable level in the judgment of the reviewing
board.
(3)
All utilities leading to and away from the site of
any communications towers, antennas and accessory communications structures
shall be installed in compliance with the New York State Uniform Fire
Prevention and Building Code and shall be installed underground and
in compliance with all applicable ordinances, local laws, codes, rules,
and regulations of the Town, including specifically, but not limited
to, the National Electrical Safety Code and the National Electrical
Code, where appropriate.
(4)
Communications towers shall not be artificially illuminated
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen shall, to
the fullest extent possible, cause the least disturbance to the surrounding
areas. Upon request from the reviewing board, the applicant shall
provide a copy of any analysis indicating a requirement for lighting
under Federal Aviation Regulation Part 77. If this analysis determines
that the FAA must be contacted, then all filings with the FAA, all
responses from the FAA and any related correspondence shall be provided
to the reviewing board in a timely manner.
(5)
Equipment or vehicles not used in direct support,
renovation, additions or repair of any accessory communications structure,
antenna or communications tower shall not be stored or parked on the
facility site.
(6)
No signs or advertising materials of any nature shall
be allowed on any communications tower or antenna unless such signs
consist of warning signs or other notifications designed to alert
the public to safety concerns.
(7)
A person or entity who holds a special use permit
for communications towers, antennas and accessory communications structures
shall construct, operate, maintain, repair, modify or restore the
permitted communications towers, antennas and accessory communications
structures in strict compliance with all current technical, safety
and safety-related codes adopted by the Town and state, including
but not limited to the most recent editions of the New York State
Uniform Fire Prevention and Building Code. The codes referred to are
codes that include, but are not limited to, construction, building,
electrical, fire, safety, health, and land use codes. In the event
of a conflict between or among any of the preceding, the more stringent
shall apply.
(8)
A person or entity holding a special use permit granted
under this article shall maintain, all permits and licenses required
by applicable law, rule or regulation and must maintain the same,
in full force and effect, for as long as required by the Town or other
governmental entity or agency having jurisdiction thereof and shall
provide adequate documentation thereof to the Planning Director upon
request.
(9)
Subject to and in accordance with the State Environmental Quality Review Act (SEQRA), the Planning Board shall be the lead agency for the purpose of conducting the environmental review of the application for a special use permit. The Planning Board shall conduct an integrated comprehensive environmental review of the proposed project in combination with its review of the application under this article. In cases where an application seeks zoning change pursuant to Subsection E(2), the Town Board shall be lead agency for SEQRA review.
(10)
An applicant shall submit no fewer than 14 copies of the entire completed application to the Planning Board, Planning and Zoning Department for distribution to the Planning Board and a copy of notice of the application to the Town Clerk. Where an application also requires action by the Zoning Board of Appeals, applicants shall submit an additional 14 copies of such applications. Where an action also requires action by the Town Board, such as where a zoning change to a PUD or Planned Development District would be required, pursuant to Subsection E(2), the applicant shall submit an additional seven copies of the application to that Board.
[Amended 12-12-2022 by L.L. No. 3-2022]
(11)
The holder of a special use permit for wireless
communications facilities shall notify the Town of any intended modification
of a communications tower, antenna or accessory communications structure
and shall apply to the Planning and Zoning Department to modify, relocate,
or rebuild the same. Whenever modifications or replacement of antennas
involve changes to antennas patterns, propagation, or additional transmission
capability, the applicant shall submit current and updated radio frequency
(RF) propagation plots that demonstrate existing and proposed RF coverage.
However, antenna changes that do not alter any visually discernible
components of the facility, involve changes to antennas patterns or
propagation, or routine maintenance work not impacting antenna patterns
do not require further review pursuant to this section.
[Amended 12-12-2022 by L.L. No. 3-2022]
(12)
Notice and hearing. Within 90 days of receipt of a completed application, the Board shall publish a notice in the newspaper officially designated for legal notices for the Town, of general circulation in Clifton Park, setting forth the name of the applicant, the location and owner of the property, the use proposed and the time and place of a public hearing to be held by the Planning Board no sooner than five business days after the day of publication. After the Planning Board has set a date for the hearing, the applicant shall also serve notice to property owners pursuant to § 208-115F.
(13)
In the case of a co-location on an existing communications tower or an application for antennas and accessory facilities on an existing tall structure where there is no increase in the height of the communications tower or tall structure, no public hearing is required. All other procedures and requirements contained within this § 208-95 shall apply.
(14)
Decision by the Zoning Board of Appeals. In
the case of an application that requires prior approval for a use
variance by the Zoning Board of Appeals, the ZBA shall forward its
decision to the Planning Board within 60 days of any decision, which
decision shall be in writing and shall contain the basis for the decision
and determination.
(15)
Decision by the Planning Board. The Planning Board may authorize and direct the approval or denial of the issuance of the special use permit for on the basis of the criteria and requirements set forth in this § 208-95. The Planning Board shall attach to such permit such restrictions, in addition to or in lieu of the bulk density regulations and general standards of the district, as are necessary or desirable, in its judgment, to ensure the compatibility of the proposed use with surrounding property and the overall development of the community.
(16)
Compliance.
(a)
Following construction of the facilities for
which the special use permit was obtained, the Planning and Zoning
Department and Town Engineer shall cause an inspection to occur upon
the land or structure where the special use is located in order to
ascertain that the applicant has complied with all of the conditions
of the approved special use permit and site plan listed and ordinances
applicable to said permit and property affected.
[Amended 12-12-2022 by L.L. No. 3-2022]
(b)
The Building Department and the Planning and
Zoning Department shall keep records of all communications tower and
facility special use permits issued pursuant to this section and inspect
existing tower sites and wireless communications facilities as necessary
to ensure continuing compliance with the criteria and requirements
under which the relevant special use permits were issued. The Town
designates the Planning and Zoning Department as the repository of
official set of records under this section.
[Amended 12-12-2022 by L.L. No. 3-2022]
(c)
A permit holder who is not in compliance shall
be issued a written order to comply and remedy said violations within
30 days or is subject to revocation.
(17)
Revocation. Upon submission to the Planning
Board of a written report of the Town Engineer that the permit holder
is in violation of the conditions established and has failed to remedy
the violations or comply with the regulations herein, the Planning
Board shall have the power to revoke the previously issued special
use permit upon findings, after appropriate notice and opportunity
to be heard, that the holder has failed to remedy or comply with applicable
conditions and/or ordinances.
(18)
Abandonment of use. All special use permits
issued under this section shall expire and terminate upon the cessation
or abandonment of the use permitted, after a one-year period.
(19)
Exceptions. A special use permit, which when
granted and approved by a reviewing board, designates the use to be
continuous and will run with the land, shall be irrevocable and subject
only to the restrictions of this section and any conditions attached
thereto.
(20)
Any applicant desiring relief, waiver or exemption
from any aspect or requirement of this section may make such request
at the preapplication meeting or, subsequently, to the Planning and
Zoning Director. Any request for waiver or exemption from any aspect
of this section shall be contained in the original application for
either a special use permit or, in the case of an existing or previously
granted special use permit, a request for modification of its communications
tower and/or facilities. Such relief may be temporary or permanent,
partial or complete. However, the burden of proving the need for the
requested relief, waiver or exemption is solely on the applicant to
prove. The applicant shall bear all costs of the Town in considering
the request and the relief, waiver or exemption. No such relief or
exemption shall be approved unless the applicant demonstrates by clear
and convincing evidence that, if granted, the relief, waiver or exemption
will have no significant affect on the health, safety and welfare
of the Town, its residents and other service or the ability of the
reviewing board to conduct its review pursuant to this section.
[Amended 12-12-2022 by L.L. No. 3-2022]
G.
Fees.
[Amended 12-12-2022 by L.L. No. 3-2022]
(1)
At the time that a person or entity submits an application
fee for a special use permit for a new communications tower, such
person or entity shall pay a single, nonrefundable application fee
of $5,000. If the application is for a special use permit for co-locating
on an existing communications tower or tall structure, where no increase
in height of the tower or structure is required, the application fee
shall be $2,000, which is nonrefundable. Such fee shall be paid to
the Planning and Zoning Department, which shall maintain records of
payment in consultation with the Town Comptroller.
(2)
In addition to the application fee described in Subsection G(1) above, applicants shall deposit a separate review fee in the amount of $7,500, which shall be utilized for all reasonable costs of consultants and expert reviews of any application, including, where applicable, preapproval evaluation as well as during construction or modification of sites, once permitted. Such experts and consultants as shall be reasonably required by the Town shall be made available to the appropriate reviewing board. The Town shall maintain a separate escrow account for such review fee funds and shall return the unused portion of any such funds to the applicant within 60 days of any final action on any application or formal withdrawal of same. If at any time during the review process this escrow has a balance less than $2,000, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that the balance shall be at least $5,000. Such additional escrow funds shall be deposited with the Town before any further action is taken on the application. The escrow amount for review fees shall apply to both new communications tower applications and those for colocations and shall be paid to the Planning and Zoning Department, which shall maintain a separate accounting of the fees and disbursements from said escrow, for each application, in consultation with the Town Comptroller.
H.
Lot standards.
(1)
A lot leased or owned for the purpose of construction
of a tower as part of an accessory communications structure, antenna
or communications tower shall not result in the creation of a nonconforming
lot.
(2)
All accessory communications structures, antennas
or communications towers shall comply with the greater setback standards
of the underlying zoning district and shall be subject to review by
the Planning Board for noise, aesthetics, and safety concerns.
I.
Security.
(1)
Accessory communications structures, antennas or communications
towers shall be surrounded by a fence or wall of a reasonable height
and design approved by the Planning Board but with limited visual
impact.
(2)
Motion-activated or staff-activated security lighting
around accessory communications structures, antennas or communications
towers may be provided if such lighting does not project off the site.
Such lighting should only occur when the area within the fenced perimeter
has been entered.
(3)
There shall be no permanent climbing pegs within 30
feet of the ground on any tower.
(4)
A locked gate at the junction of the accessway and
a public thoroughfare may be required to obstruct entry by unauthorized
vehicles. Such gate must not protrude into the public right-of-way.
J.
Engineering and maintenance.
(1)
All accessory communications structures, antennas
or communications towers shall be built, operated and maintained to
acceptable industry standards, including but not limited to the most
recent applicable standards of the Institute of Electronic Engineers
(IEEE) and the American National Standards Institute (ANSI) and any
other applicable documents.
(2)
All accessory communications structures, antennas
or communications towers shall be inspected at least every fifth year
for structural integrity by a licensed New York State professional
engineer at the cost of the owner of the accessory communications
structure, antenna or communications tower. A copy of the inspection
report shall be submitted to the Code Enforcement Office.
K.
Removal.
(1)
The applicant shall submit an agreement, in writing,
to remove all accessory communications structures, antennas or communications
towers if such facilities become technically obsolete or cease to
be used for their original intended purpose for more than 12 consecutive
months. Upon removal of said facilities, the land shall be restored
to its previous condition, including but not limited to the seeding
of exposed soil.
(2)
The applicant must submit an analysis by a New York
State licensed professional engineer of the cost of removal of the
accessory communications structure, antenna and/or communications
tower and surrounding property restorations.
(3)
Prior to obtaining a building permit, the applicant
must provide a financial security bond or letter of credit reasonably
acceptable to the reviewing Board for the removal of the accessory
communications structure, antenna and/or communications tower, with
the Town of Clifton Park as the designated assignee, in an amount
approved by the Planning Board which is equal to the current projected
cost for the removal of the type of facility permitted, plus a reasonable
escalation rate based upon the anticipated useful life of the facility.
L.
Amateur radio equipment. Radio installations; amateur
radio operator equipment. Radio installations for amateurs (HAMS)
are permitted uses in an R-1 District to a maximum height of 50 feet
and in R-3 Districts to a maximum height of 80 feet, subject to the
following additional conditions:
(1)
A building (installation) permit must be obtained
from the Department of Building and Development. Application for a
permit shall include, at a minimum, the following information:
(a)
A site plan, drawn to scale, showing the location
of all buildings on the lot, lot lines, easements, if any, on the
lot, and location of any existing poles on the lot (utility, flag,
etc.). The site plan shall also clearly indicate the location of the
antenna support structure on the lot and its dimensions and characteristics,
such as height and width, and shall indicate the type of anticlimb
devices to be installed.
(b)
Manufacturer's specifications or generally recognized
engineering handbooks for installation for antenna support structures,
details of footings, guys, braces or any other necessary aspect of
installation.
(c)
Applicants shall provide the Department of Building
and Development with a copy of their license issued by the Federal
Communications Commission, together with proof that all required county,
state and/or federal permits have been obtained.
(d)
The permit is for the initial construction of
the antenna support system. Future additions or replacements to the
installation which do not affect its structural integrity do not require
an additional permit, so long as the conditions set forth herein are
met.
(e)
The antenna support structure shall only be
placed in the rear or side yard area of the lot and must conform to
all side and rear setback requirements. The antenna span shall not
encroach into any neighboring property line.
(f)
All antenna support structures shall be bordered
by appropriate landscaping, so as to shield the view of the lowermost
six feet of the structure from the road and any neighboring yard.
(2)
No antenna support structure greater than eight feet
in height shall be mounted on the roof of any principal or accessory
building unless the applicant can show proof that such installation
is essential to the receipt of normal signals intended for this area.
(3)
Any person desiring to erect or install an antenna
support structure higher than the height permitted must obtain a variance
from the Zoning Board of Appeals, except in an R-3 Zone, where no
variance shall be permitted.
M.
Severability. If any clause, sentence, paragraph or
part of this article or application thereof to any person or circumstance
shall be adjudged by any court to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof or the application
thereof to the other persons and circumstances but shall be confined
in its operation to the clauses, sentence, paragraph or part thereof
and the persons and circumstances directly involved in the controversy
in which such judgment shall have been rendered.
Temporary permits may be issued by the Building
Inspector for a period not exceeding one year for nonconforming uses
incident to housing and construction projects, including such structures
and uses as the storage of building materials and machinery, the processing
of building materials and a real estate office located on the tract
being offered for sale, provided that such permits are conditioned
upon agreement by the owner or operator to remove the structure or
structures or use upon expiration of the permit. Such permits may
be renewed upon application to the Building Inspector for additional
periods not exceeding one year each upon proof that progress on construction
projects is continuous and diligent.
A.
Continuation and prior approval. The use of land,
buildings or structures lawful at the time of adoption or subsequent
applicable amendment of this chapter may continue although such use
does not conform to the provisions of this chapter. Nothing herein
contained shall require any change in the plans, construction or designated
use of a building complying with previous laws and for which a building
permit had been duly granted prior to the effective date of this chapter
or any applicable amendment thereto.
B.
Regulation of nonconforming uses. Except as provided
herein, no nonconforming use may be enlarged, extended, reconstructed,
substituted or structurally altered.
(2)
Repairs, maintenance and structural additions.
(a)
Normal maintenance, repairs and alterations
incidental to a building or other structure containing a nonconforming
use are permitted, provided that they do not extend the area or volume
of space occupied by the nonconforming use.
(b)
A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability,
provided that no alterations shall be made which would increase the
number of dwelling units, tenants or square footage.
(c)
A nonconforming lot or structure may be the
site of a minor exterior structural addition or alteration (defined
as an unenclosed porch, deck, stairway or other similar facility),
provided that such proposed construction conforms in all respects
to the affected district's height, setback and yard requirements and
does not increase the degree of any yard, bulk, parking or other nonconformity
of the existing property.
C.
Termination of nonconforming uses.
(1)
Abandonment. The discontinuance of a nonconforming
use for a period of one year shall be considered an abandonment thereof,
and such nonconforming use shall not be revived.
(2)
Change of use. The change of a nonconforming use to
a more-restricted or conforming use for any period of time shall be
considered an abandonment thereof, and such nonconforming use shall
not be revived.
D.
Damage or destruction.
(1)
Partial damage.
(a)
Where any nonconforming structure or use is
partially damaged or destroyed, other than by demolition, to the extent
of 50% or less of the cost of replacement of the entire structure
new, the proof to be supplied by the applicant in written estimate
form of replacement value and work to be done by a minimum of two
reputable agencies, repairs may be made to reconstruct the structure,
upon issuance of a building permit, and it shall be used as it existed
prior to the damage. No repairs or restorations shall be made which
increase the degree of any yard, bulk, parking or any other nonconformity
existing prior to the damage.
(b)
In the event that a structure remains vacant due to a partial damage, the owner or agent shall have one year to receive a building permit. In the event that the building remains vacant for one year without a building permit, it shall constitute an abandonment as regulated under § 208-97C and shall not be restored. Proof of proper application within allowable periods shall be the responsibility of the applicant.
(2)
Substantial damage or destruction. In the event that
any nonconforming structure or use is substantially damaged or destroyed,
by any means other than demolition, to the extent of more than 50%
of the cost of replacement of such structure new, proof should be
supplied by the applicant in written estimate form of replacement
value and work to be done by a minimum of two reputable agencies.
Such structure shall not be restored unless, if within 30 days after
the substantial damage, the owner of said nonconforming use notifies
the Building Inspector, in writing, of his intent to restore said
nonconforming use substantially to the conditions existing prior to
the disaster. It is the owner's responsibility to provide documentation
of existing nonconforming conditions prior to the disaster to satisfy
the Building Inspector. In that instance, the Building Inspector shall
permit the issuance of a building permit within 30 days of receipt
of the written notice of intent and necessary plans and specifications
for the work to be performed for such substantial restoration without
further action. Restoration under this subsection shall be commenced
within six months of the date of issuance of the building permit,
and restoration shall be completed within one year of the issuance
of the building permit. In the event that the Building Inspector is
not notified of the intent to restore the nonconforming use within
the time limit stated, such structure shall not be restored unless
the structure and use thereof shall conform to all current regulations
of this chapter.
(3)
Demolition. Where any nonconforming structure or use
is partially or substantially damaged or destroyed by demolition,
repairs may not be made to reconstruct the nonconforming use as it
existed prior to the damage. Any and all restoration shall conform
to all current regulations of this chapter.
E.
Regulation of nonconforming lots.
(1)
Single unimproved lots. A single, unimproved, lawfully
nonconforming lot held in single ownership as of the effective date
of this chapter, which is not contiguous with any other lot owned
by the same party, may be used as if it were a conforming lot, provided
that all of the following conditions are met:
(a)
The proposed use is permitted by current regulations
of the particular district.
(b)
The use conforms spatially to all other requirements
of the particular district, including all space and bulk requirements,
except lot size, frontage and depth, or a variance has been obtained
from the Zoning Board of Appeals.
(c)
The use conforms to all other applicable local
and state land use regulations.
(d)
The lot has a minimum width of 100 feet and
minimum area of at least one acre, if located within an R-3 District
or if located within any other district, a minimum area of at least
23,000 square feet.
[Amended 10-16-2006 by L.L. No. 14-2006]
(2)
Multiple unimproved lots. Two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of the effective date of this chapter shall be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located and thereafter shall be considered under the provisions of § 208-97E(1). This shall include unimproved nonconforming lots contiguous to improved nonconforming lots held in the same ownership of record.
(3)
Lots within approved subdivisions.
(a)
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed with the officer of the county prior to the effective date of this chapter with area and dimensions less than the specified minimum lot requirement of this chapter for that district but in compliance with the minimum standards set forth in § 208-97E(1) may be considered in compliance with this chapter, and no variance shall be required.
(b)
Any lot on an approved final plat, filed with the officer of the county prior to the effective date of this chapter, with area dimensions of less than the specified minimum lot requirement of this chapter and not in compliance with the minimum standards set forth in § 208-97E(1) shall be exempt from compliance with such revised minimum lot requirements for a period of three years after the filing of the subdivision plat or first section thereof.
(4)
Termination of nonconforming lots. Notwithstanding
anything heretofore contained in this section, all nonconforming lots
for which a building permit for a permitted use has not been issued
for a period of three years after the effective date of this chapter
shall thereafter be required to meet all of the space and bulk standards
of the district in which it is located, except that, if said lot continues
in the same continuous ownership existing on the effective date of
this chapter, then this requirement to conform shall not take effect
until six years after the effective date of this chapter.
On the streets and roads listed below, no building
or part of a building, other than steps, eaves and similar fixtures,
shall extend nearer to the center line of the street or road than
100 feet in the case of a building in a residential district or 130
feet in the case of a building in any other district.
|
New York - U.S. Route 9
|
|
State Road Nos. 146 and 146A
|
|
Blue Barn Road
|
|
Crescent Road
|
|
Elnora-Jonesville Road (Main Street)
|
|
Grooms Road
|
|
Kinns Road (from Plank Road to Route 146A)
|
|
Long Kill Road
|
|
Vischer Ferry Road
|
|
Lapp Road
|
|
Plank Road
|
|
Riverview Road (Vischer Ferry Road to Route
146)
|
|
Ushers Road
|
A.
General provisions.
(1)
Minimum off-street automobile storage, parking or
standing space shall be provided as set forth below at the time of
the erection of any building or structure, at the time any building
or structure is enlarged or increased in capacity by adding dwelling
units, guest rooms, seats or floor area or before conversion from
one zoning use or occupancy to another. No required front yard or
portion thereof in any residence district shall be utilized to provide
parking space required in this chapter.
(2)
If the vehicle storage space or standing space required
by this chapter cannot be reasonably provided on the same lot on which
the principal use is conducted, the Board of Appeals may permit such
space to be provided on other off-street property, provided that such
space lies within 400 feet of the main entrance to such principal
use. Such vehicle parking space shall be deemed to be required open
space associated with the permitted use and shall not thereafter be
reduced or encroached upon in any manner.
(3)
Vehicle parking or storage space maintained in connection
with an existing and continuing principal building, structure or land
use on the effective date of this chapter shall be continued and may
not be counted as serving a new building, structure, addition or land
use, nor shall any required parking space be substituted for an off-street
loading and unloading space, nor shall any required loading or unloading
space be substituted for a parking space.
(4)
The required parking space for any number of separate
uses may be combined in one lot, but the required space assigned to
one use may not be assigned to another use at the same time, except
that 1/2 of the parking space required for churches, theaters or assembly
halls, whose peak attendance will be at night or on Sunday, may be
assigned to a use which will be closed at night or on Sunday.
(5)
No off-street automobile parking or storage space
shall be used or designed, arranged or constructed to be used in a
manner that will obstruct or interfere with the free use of any street
or adjoining property.
(6)
The parking spaces provided, along with their necessary
driveways and passageways, shall be paved in a manner adequate to
eliminate dust and mud problems. Plans for such parking spaces are
to be included with the plans for the construction of buildings and
other structures and are to be presented to the Building Inspector
at the time application for building permits are to be filed. Such
parking areas are to be kept free of obstruction and unsightly objects.
Intersections of parking areas with sidewalks or street pavements
must be made in an approved manner. Provisions must be made for the
adequate drainage of parking areas.
B.
Requirements.
(1)
Parking requirements shall be as follows:
[Amended 5-14-2007 by L.L. No. 3-2007]
|
Use
|
Minimum Parking Spaces Required
| |
|---|---|---|
|
Apartment houses
|
1.3 per apartment
| |
|
Automobile service station
|
1 for each gas pump, 3 for each grease rack,
plus 1 for every 2 employees on the maximum working shift
| |
|
Auditoriums, churches, theaters or other similar
places of assembly
|
1 for each 4 seating spaces
| |
|
Bowling alleys
|
4 for each alley (lane)
| |
|
Clubs and restaurants
|
1 for each 75 square feet of customer service
area (i.e., all area other than kitchen and storage) or 1 for each
3 seats, whichever is greater
| |
|
Funeral homes
|
1 for each 60 square feet of space available
for public use or 1 for each 3 seats, whichever is greater
| |
|
Hotels/motels
|
1 space per rental room or unit, plus 1 space
for each 2 employees regularly employed on the premises
| |
|
Light industrial uses
|
1 for each 500 square feet of gross floor area
or 1 for each 2 employees on the maximum working shift, whichever
is greater
| |
|
Medical/Dental offices
|
1 for each 150 square feet of gross floor area
but not less than 3 per practitioner
| |
|
Office buildings other than medical or dental
|
1 for each 300 square feet of gross floor area
| |
|
Public swimming pools
|
1 for each 40 square feet of pool area, excluding
wading pools
| |
|
Recreation establishments, exhibit halls or
other similar places of assembly
|
1 for each 200 square feet of gross floor area
| |
|
Residences
|
1 for each dwelling unit, plus 1 for each 100
square feet of floor space devoted to approved home occupations
| |
|
Retail stores, banks or personal service establishments
|
1 for each 200 square feet of gross
floor area
| |
|
Sanatoriums or nursing or convalescent homes
|
1 for every 3 beds, plus 1 for each 2 employees
on the maximum working shift
| |
|
Wholesale, warehouse and storage
|
1 for each 2,000 square feet of gross floor
area, plus 1 per employee; for commercial self-service warehouse and
storage facilities, 1 per 10 storage units
|
(2)
The requirements listed above are based in large part on a study of parking generation produced by the Institute of Transportation Engineers. Local conditions, such as a particular site's location, public transportation service, ride-sharing programs, proximity to other developments and other special characteristics, may indicate an adjustment of the above listings. They are provided here as a guide to the project planner, and the Planning Board shall reserve the right to amend these requirements based upon local or unique conditions. [Such amendments will not, therefore, require a variance from the Zoning Board of Appeals but are subject to administrative review as provided in § 208-109C(1) of this chapter.]
No merchandise, personal property, equipment
or article for sale, lease or commercial display shall be permitted
to be displayed or stored within 25 feet of highways, roads or rights-of-way
in the Town of Clifton Park, except for farm produce and farm products
or nursery stock, which shall be allowed by special permit pursuant
to this chapter. The 25 feet shall be measured from the right-of-way
line and is not intended to be measured from the center line.
No dwelling shall be erected on a lot which
does not abut on at least one street for a distance of not less than
40 feet.
A.
No lot, although it may consist of one or more adjacent
lots of record, shall be reduced in area to the extent that yards,
lot area per family, lot width, building area or other requirements
of this chapter are not maintained. This subsection shall not apply
when a portion of a lot is required for a public purpose.
B.
No space applied or necessary under this chapter to
satisfy the yard or other open space requirements in relation to any
building or area, whether now or subsequently built or occupied, shall
be counted as part of a required open space in relation to any other
building.
In all districts, on a corner lot, within the
triangular area formed by the center lines of streets from the intersection,
as shown on the schedule below, there shall be no obstruction to vision
between the height of two feet and the height of 10 feet above the
average grade of each street on the center line thereof. The requirements
of this section shall not be deemed to prohibit the construction of
any necessary retaining wall.
|
Sight Distance for Various Street Widths
| |
|---|---|
|
Street Right-Of-Way
(feet)
|
Distance From Intersection
(feet)
|
|
60 or more
|
30
|
|
59 or less
|
20
|
No permit shall be issued for a property where there is an existing violation of this Zoning Chapter or Chapter 179, Subdivision of Land, of the Town of Clifton Park.
