Article XXXIV Miscellaneous Provisions

Purpose. In recognition of advancing technology and the increased demand and need for wireless communications towers and facilities, the Town Board hereby determines that it is in the public interest to regulate the siting and installation of such facilities within the Town in order to protect public safety and welfare. When deliberating the location of wireless facilities, due consideration shall be given to the Town's Comprehensive Plan, existing land uses and development, environmentally sensitive areas, aesthetics and other appropriate factors in approving sites for the location of towers and/or facilities. These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services.

ACCESSORY WIRELESS FACILITY

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

Any equipment, shed, fencing or structure, or combination thereof, containing any electrical components necessary for the proper operation of primary antennas.

ALTERNATIVE TOWER STRUCTURE

Any man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers, subject to the review and approval of the Planning Board or its designee.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

COMMERCIAL DISTRICTS

All zoning districts except residential districts.

FAA

The Federal Aviation Administration.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been completed or constructed, provided that such approved permit(s) is current and has not expired; or any tower which is constructed and has a certificate of compliance.

ROOF-MOUNTED COMMUNICATIONS FACILITY

A wireless communications facility which is mounted and supported on the roof or any rooftop appurtenance of a legally existing building or structure.

TOWER

Any structure that is designed and constructed for the principal purpose of supporting one or more antenna for telephone, personal communications services, common carrier services, radio and television transmission, microwave transmission, and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes the structure and any support thereto.

WALL-MOUNTED COMMUNICATIONS FACILITY

A wireless communications facility which is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features, such as parapets, chimneys and similar appurtenances.

WIRELESS COMMUNICATIONS FACILITY

A facility that transmits and/or receives electromagnetic signals, including any tower or antenna, as defined herein.

Applicability. No new wireless communications facility shall be erected, moved, reconstructed or altered to serve as a transmission, reception or relay facility except by approval of the Planning Board, in compliance with the regulations set forth in this section.

Provisions for location of use.

Residential. Wireless communications facilities located in residential zoning districts are subject to site plan approval and special permit approval from the Planning Board, and must meet the following requirements:

Wireless communications facilities on buildings shall meet the following criteria:

[a]

Any antenna or equipment accessory to a roof-mounted antenna shall be set back a minimum of four feet for every one foot in height of the accessory equipment, but in no instance shall protrude more than 15 feet above the average height of the building in order to minimize its visibility from adjacent properties or roadways. Installation of an antenna and associated equipment shall incorporate a design that is contextual with the structure on which the antenna is co-locating.

[b]

Any wall-mounted antenna shall not protrude above the roof parapet or roofline and shall be painted to match the color of the existing structure. No portion of the antenna shall extend more than 18 inches from the facade of the building.

[c]

Enclosures designed to conceal rooftop wireless communications facilities shall not be deemed to contribute towards building height, floor area ratio, gross floor area, or parking requirements, provided that said enclosure does not contain equipment or materials that are not accessory to the wireless communication facility and the enclosure is contextual with the architecture of the structure and is minimized to the furthest extent practical. All equipment within the enclosure shall still be subject to the dimensional requirements set forth in this article.

[Added 3-8-2011]

A tower base shall be set back from the property line by a minimum distance equal to 110% of the height of the tower. Accessory wireless facilities shall comply with all other dimensional requirements of the underlying zoning district.

New antennas located on existing towers shall be flush mounted or internally mounted.

Any new tower shall consist of an alternative tower structure as defined herein. Guyed (cable-supported) or truss or lattice antenna support structures are expressly prohibited.

[5]

No new tower shall be permitted unless it is demonstrated that adequate service cannot be provided within a coverage gap area by exhausting all other available and reasonable locations for the proposed tower in a nonresidential district to the satisfaction of the Planning Board, except as provided herein.

Commercial. Wireless communications facilities located in commercial zoning districts are subject to site plan approval and special permit approval from the Planning Board, except as otherwise provided herein, and must meet the following requirements:

Wireless communication facilities on buildings shall protrude not more than 15 feet above the average height of the building, as defined in § 68-3, and meet the following criteria:

[Amended 10-13-2010]

[a]

Equipment accessory to a roof-mounted antenna shall be set back a minimum of four feet for every one foot in height of the accessory equipment, but in no instance shall protrude more than 15 feet above the average height of the building in order to minimize its visibility from adjacent properties or roadways. Installation of an antenna and associated equipment shall incorporate a design that is contextual with the structure on which the antenna is co-locating, and antennas shall not protrude more than 15 feet above the average height of the building.

[b]

[c]

Enclosures designed to conceal rooftop wireless communications facilities shall not be deemed to contribute towards building height, floor area ratio, gross floor area, or parking requirements, provided that said enclosure does not contain equipment or materials that are not accessory to the wireless communication facility and the enclosure is minimized to the furthest extent practical. All equipment within the enclosure shall still be subject to the dimensional requirements set forth in this article.

[Added 3-8-2011]

Wireless communications facilities located on preexisting structures or buildings in commercial districts are not subject to special permit approval, provided that they have all necessary Building Division permits and are not visible to any residential use or zone as determined by the Commissioner of Planning or his/her designee. New antennas co-locating on an existing tower approved by the Planning Board shall not be subject to this requirement.

New antennas located on existing towers shall be flush mounted or internally mounted.

[5]

No new tower shall be permitted within 500 feet of a residential zone unless it is demonstrated that adequate service cannot be provided within a coverage gap area by exhausting all other available and reasonable locations for the proposed tower outside the five-hundred-feet area to the satisfaction of the Planning Board.

Historic districts. Wireless communications facilities located in historic districts are subject to site plan approval and special permit approval from the Planning Board, and must meet the following requirements: Wireless communications facilities shall not be located at any designated landmark property or district listed by federal, state or Town agency, except as specified by the following:

Any facility located on or within the historic structure shall not alter the character-defining features, distinct construction methods or original materials of the building.

Any alteration made to an historic structure to accommodate a wireless communications facility shall be fully reversible.

Facilities within an historic district shall be concealed within or behind existing architectural features, such that there is no visual impact.

Parks. Wireless communications facilities are subject to site plan approval and special permit approval from the Planning Board, except as otherwise provided herein, and must meet the following requirements: Wireless communications facilities shall not be located at any designated park listed by any federal, state or Town agency, except as specified by the following:

No new tower shall be permitted unless it is demonstrated that adequate service cannot be provided within a coverage gap area by exhausting all other available and reasonable locations for the proposed tower outside of the park to the satisfaction of the Commissioner of Planning or his/her designee, except as provided in Subsection A(4)(d)[4] below.

Any facility located in a park shall be located, designed and screened to minimize the visual and aesthetic impacts.

Any facility located within a park shall not be located in an area that would interfere with normal, day-to-day recreational activities or operations.

Any facility located in a park which is co-located on or which replaces an existing structure (e.g., ball field light poles) shall not be subject to special permit approval, provided that the height of the new structure does not exceed the height of the preexisting structure and is a minimum of 500 feet from the nearest residence.

Co-location. No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or building can accommodate the applicant's proposed antenna and unless it is demonstrated that adequate service cannot be provided with co-location.

Design.

The tower shall be designed in such a manner as to minimize any visual impacts.

If a wireless communications facility is located on a building, it shall be neutral in color, or similar in color to the building, and every effort shall be made to conceal the facility.

Accessory wireless facilities shall be screened, landscaped and shall maximize use of building materials, colors and textures designed to blend with the natural or existing surroundings to minimize any visual impacts.

The base area shall be surrounded by a six-foot-high fence. The surrounding fence shall be screened by a continuous row of evergreen trees of at least six feet in height and planted five foot on center at time of installation.

(e)

No signs are permitted on towers except safety instructions or similar material.

(f)

A tower shall not be lighted unless required by the FAA or otherwise required for safety reasons.

Removal. Any antenna or tower that is not operated for a continuous period of 12 months shall be deemed abandoned. The owner of such antenna/tower/site shall remove the same at the owner's expense within 90 days of notice. The Town reserves the right, after 90 days' written notice sent certified mail, return receipt requested, to the owner, to remove the antenna or tower, and shall bill the owner for any expense incurred. All costs associated with same shall be assessed to the owner's next tax bill.

Application requirements. Applications shall include the following:

The location, type and height of the wireless communications facility and whether it is to be located on an existing structure, co-located or on a telecommunications tower.

Adjacent roadways, rights-of-way, land uses, structures and zoning on land within 1/2 mile.

Setbacks from property lines.

Environmental assessment.

(e)

Scaled drawing of the site, including elevation drawings of the structure, a visual study showing where, within one mile, the tower could be seen, the distance between all structures and proposed means of access.

(f)

Landscape plan, including fencing and fence screening.

(g)

Analysis of physical need for additional towers or antennas.

(h)

Written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reasons why the subject site was chosen. Written requests and responses for site location alternative analysis shall be provided, in addition to the names, addresses and telephone numbers of the current owner(s) of those sites. If the proposed plan is to locate in a residential area, the applicant must show a good faith effort to locate in a nonresidential area and that locating in a commercial or industrial zone is not feasible.

(i)

Evidence of a good faith effort to co-locate or locate on existing towers, structures or buildings and why it is not feasible. Written requests and responses for co-location efforts shall be provided, in addition to the names, addresses and telephone numbers of the current owner(s) of those structures.

(j)

The application must provide for any evidence that the proposed wireless communications facility can accommodate, at a minimum, three times capacity to allow for future lease and co-location. Future lease fees shall be at a reasonable market price. Competing providers are required to negotiate fairly regarding co-location leases. A future co-location applicant cannot be denied except for mechanical, structural or regulatory reasons.

(k)

Location and separation distance between all other existing and proposed facilities within the Town and/or within five miles.

(l)

Coverage map(s) depicting existing and proposed coverage for each proposed carrier. Said maps shall be submitted in both paper and electronic form. Paper maps shall be at least 11 inches by 17 inches in size and shall contain coverage areas superimposed over current aerial photography. Electronic formats shall be submitted in any industry-standard geographic information system (GIS) format. In addition, said maps shall be accompanied by a certified report by a radio frequency engineer and shall depict any existing and proposed signal strength levels.

(m)

Other information as deemed necessary by the Board.

(n)

Visual impact analysis.

Said analysis shall include:

[a]

Identification of visually sensitive sites, including parks, historic sites and residential areas.

[b]

Visualization photographs from key viewpoints. Photographs shall be conducted when leaves are off trees if trees are in front of the view of a proposed tower.

In the event a crane or other equipment is utilized to simulate the proposed tower on the subject property for the visualization photographs, the owners of surrounding properties within 200 feet of the site and the Planning Department shall be notified no less than 10 days prior to the test by certified letter, return receipt requested. Said notification shall include two rain dates in the event inclement weather prevents the visualization study from taking place.

Considerations.

Priorities.

The Board may give priority to application for location on an existing structure or building.

The Board may give priority to applications for collocation.

The Board may give priority to a single application for multiantenna proposals.

Other considerations.

The minimum height necessary to render adequate service.

Proximity to residential districts and other structures.

Nature of existing or proposed uses of adjacent property.

Site and/or surrounding topography.

[5]

Surrounding tree coverage and foliage.

[6]

Design of tower, in particular the characteristics that have the effect of reducing or eliminating visual obtrusiveness.

[7]

Availability of suitable existing towers and structures.

[8]

Proposed ingress and egress.

[9]

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or building can accommodate the applicant's proposed antenna.

[10]

Impact on wireless service.

The Board may waive or reduce the burden on the applicant of one or more of these criteria if it concludes that the goals of this section are better served thereby.

The Town Board authorizes the Planning Board to retain the services of competent radio frequency engineers, real estate experts and/or attorneys where reasonably necessary to review an application or proposal, including, but not limited to, reviewing expert testimony provided on behalf of the applicant and supplementing submissions. The consultant(s) may review coverage maps, alternative site locations, co-location opportunities or other criteria that may be associated with the application or proposal. The consultant shall review all submissions in accordance with all applicable federal, state and local codes, rules and regulations and make recommendations to the Planning Board. The cost of retaining such competent consultants shall be borne by the applicant. The costs of any consultant shall be reasonable and the work and associated billing shall be viewable by the applicant upon request.

(11)

In the event a denial of an application would constitute an unlawful prohibition or effective prohibition of cellular service under applicable federal or state law (including the Telecommunications Act of 1996,[1] the "TCA"), the Planning Board shall grant the special permit and shall have the authority to impose conditions upon such granting consistent with this chapter and such federal or state law.

Editor's Note: See 47 U.S.C. § 609 et seq.

(12)

If the Planning Board determines that the interests of this chapter would otherwise be satisfied, the Planning Board may, in its discretion, but shall not be required to, deem individual requirements and conditions satisfied by issuing a waiver or relaxation in relation thereto. Any waiver or relaxation may only be made in the event that the requirements and conditions for which a waiver or relaxation is made are found not to be requisite in the interest of public safety or general welfare and may only be exercised in the event that the Planning Board, in issuing a waiver or relaxation, makes specific findings that the interests of this chapter would otherwise be satisfied, the waiver or relaxation is reasonably necessary for the provision of wireless communications services consistent with the interests of both this chapter and the TCA and the applicant has taken all reasonably available mitigation measures. Every special permit shall also conform to all special findings that are specified herein.

Amateur radio antennas and towers. Facilities are subject to site plan approval and special permit approval from the Planning Board, and must meet the following requirements:

Any antenna or tower must be located in the rear yard.

A tower base shall be separated from the property line by 110% of the height of the tower.

Satellite antennas.

Satellite antennas shall be permitted as an accessory structure within any use district, subject to the requirements contained herein and subject to the issuance of a building permit from the Town of Islip Building Division.

Standards applying to all use districts.

Satellite antennas shall be designed to withstand winds of up to 120 miles per hour.

All satellite antennas shall be installed and operated in accordance with the manufacturer's specifications.

Standards applying to all residential use districts except the AAAB District and Planned Landmark Preservation District.

Ground-mounted satellite antennas shall not be located in any front or side yard area, with the exception of a corner or a cul-de-sac lot where the side yard is larger than the rear yard.

Ground-mounted satellite dishes shall not exceed 10 feet in diameter or exceed a height of 15 feet above the average grade level.

Ground-mounted satellite antennas shall be screened at the base with evergreen plants, shall be finished in a color that blends with the surrounding environment and shall not be visible from any street.

Roof-mounted satellite antennas shall not exceed two feet in diameter or project above the ridgeline of any building on the property nor shall they be visible from any street.

Standards applying to all General Service, Business and Industrial Districts.

Ground-mounted satellite antennas shall be placed only in the rear yard, excluding the rear yard setback areas.

Roof-mounted satellite antennas shall be mounted on the rear half of the building roof and shall not exceed 10 feet in diameter.

Satellite antennas shall not be visible from any street. An architectural screen consisting of material compatible with the building type and style or landscaping may be utilized, subject to the review and approval of the Planning Division.

§ 68-420.2 Roofless deck and patio requirements. [1]

[Added 9-15-2020; amended 7-20-2021]

	Minimum Setback for Decks and Patios With Height Above
All Districts (Except Fire Island)	Grade of 0 to 18 Inches	Over 18 Inches to 48 Inches	Over 48 Inches
Permit required	No	Yes	Yes
Setback from street property line	0	Permitted encroach- ment setback	Main house
Setback from rear property line (feet)	4	10	M/H
Setback from side property lines (feet)	4	6	M/H
Fire Island (More Than 4 Feet Wide)
Permit required	Yes	Yes	Yes
Setback from walks (street) (feet)	15	15	M/H
Setback from rear property line (feet)	15	15	15
Setback from side property lines (feet)	5	5	15
Pool Decks or Pool Patios
Permit and handrail required	No	Yes	Yes
Setback from street property line	M/H	M/H	M/H
Setback from rear property line (feet)	6	10	M/H
Setback from side property lines (feet)	6	10	M/H

NOTES:
M/H: Same as setbacks required for main house.
"Height above grade" means at any point along edge of deck.
A walkway or deck may be permitted along a bulkhead adjacent to a waterway in any district. The deck or walkway must comply with applicable side and rear yard setbacks for any of its width in excess of four feet, except for side or rear yard setbacks where the bulkhead is located.
The side yard setback for decks in all districts except Fire Island may be waived for properties developed with a zero side yard setback for the principal structure, provided that an opaque fence at least six feet high exists on that portion of the lot line adjoining the deck. This exception shall apply to decks which may exceed a height of 18 inches, but in no case a height which exceeds that of the rear entrance of the attached dwelling to which it is connected.
Guards, including handrails, shall be provided in conformance with the New York State Building Code.
Pool patios and decks on through lots, having a height not exceeding 18 inches are permitted to encroach six feet from the minimum required setback of that of the pool.

Editor's Note: Former § 68-420.2, Resubdivision of real property, added 12-5-1972, as amended, was repealed 10-13-2010.

§ 68-420.3 Temporary trailers.

[Added 11-20-1973, effective 12-8-1973; amended 10-8-2002; 1-14-2003; 6-8-2010; 9-15-2020]

There shall be permitted the installation of a trailer in which a family or individuals may live in a residential zone and no other zone under the following circumstances:

The trailer must be for the temporary use and occupation of an individual or a group of individuals whose residence has been so damaged by fire or altered by some other circumstances as to render the residence uninhabitable.

The trailer must be placed on the same plot as the house which is being rebuilt, or a contiguous parcel.

There shall be obtained from the Building Division a permit, the fee for which shall be set by the Commissioner of Planning and Development, or the Commissioner's designee.

The length of time such trailer shall be permitted to remain shall be three months with two three-month extensions. No further extensions are permitted unless otherwise approved by the Commissioner of Planning and Development, or the Commissioner's designee. If the trailer is not removed upon expiration, the owner of the trailer shall be fined $100 per day for each day that it remains beyond the time limit. If the trailer remains in violation for more than 10 days, the Commissioner of the Department of Public Safety Enforcement, or his representative, may, after notifying the owner of said trailer, in person or by letter, return receipt requested, cause the trailer to be removed. The expense of such removal and any storage charges resulting shall be paid by the owner of the trailer, and if said cost is not paid within 10 days, the Commissioner of the Department of Public Safety Enforcement may advertise the public sale of the trailer in the official paper of the Town and sell it to the highest bidder. The moneys realized from the sale shall be applied to any fines outstanding and to reimburse the Town for any expense incurred in moving and storing the trailer. If there shall be any excess, it shall be remitted to the former owner of the trailer.

There shall be permitted the installation of a trailer for a commercial, including multifamily developments, or industrial property at the direction of the Commissioner under the following circumstances:

The trailer shall contain a copy of the approved site plan and approved construction plans, and be accessible to all Town personnel and contractors for review of plans and meetings. Should the applicant wish to remove said trailer before the issuance of a certificate of occupancy, written permission must be obtained for its removal by the Building Division.

The trailer must be placed on the same plot as the construction site, or a contiguous parcel.

There shall be obtained from the Building Division a permit, the fee for which shall be set by the Commissioner of Planning and Development, or the Commissioner's designee.

§ 68-420.4 Outdoor parking of unattached trailers. [1]

[Added 5-20-2003; amended 4-5-2005]

The outdoor parking of unattached trailers may be permitted in the Industrial 1 District pursuant to § 68-340.1.

Editor's Note: Former § 68-420.4, Board of Special Permits; uses permitted by special permit from the Board of Special Permits after public hearing, as amended, was repealed 4-8-1997.

§ 68-420.5 (Reserved) [1]

§ 68-420.6 Display of first-aid instructions in restaurants.

Editor's Note: Former § 68-420.5, Special permits for family care homes, as amended, was repealed 4-8-1997.

[Added 3-6-1979]

All restaurants shall conspicuously display instructions on first-aid treatment to choking victims. Said instructions shall include the Heimlich Maneuver.

§ 68-420.7 Lighting.

[Added 8-28-1990]

Floodlighting or strobe or flashing lights shall not be installed or maintained in any manner that would allow any rays to fall beyond the property lines. Any lighting which impairs the vision or creates a hazard or nuisance is prohibited.

This section shall not apply to New York State or a public corporation, as defined by § 66 of the General Construction Law.

§ 68-420.8 Driveways and parking for single-family and two-family properties.

[Added 12-12-2006; amended 5-28-2008; 9-15-2020; 3-14-2023; 6-22-2010; 5-14-2024]

Legislative intent. In order to maintain an appropriate visual quality for residential properties, preserve property values, protect neighborhood character and safeguard quality of life, certain standards shall apply as specified herein.

The amount of front yard area consisting of asphalt, gravel, stone or other nonvegetative material, to be used primarily for the parking of vehicles, shall not exceed 40% of the area of the front yard. In the instance of corner lots, the area of the secondary front yard ahead of the front line of the main dwelling is incorporated in the front yard area.

The parking of vehicles or personal trailers in prohibited in all front yard areas, except when parked on a driveway. This prohibition shall not apply if inclement weather conditions (such as flooding or snow accumulation) render it impracticable or impossible to comply therewith.

The amount of front yard area to be used for a pedestrian walkway cannot exceed 12% of the primary front yard.

Where applicable, the portion of the lot comprising a second front yard cannot be used for the area consisting of asphalt, for the parking of vehicles, except in those cases where said area is deducted from the amount allowed in the primary front yard.

The parking of commercial vehicles or commercial trailers is prohibited. Exception: Parking of commercially registered pickup trucks or vans having a gross vehicle weight of less than 9,000 pounds, provided that either type of vehicle does not bear any commercial advertising or identification; pickup trucks or vans having a gross vehicle weight of less than 9,000 pounds and bearing commercial identification may be parked only between 8:00 p.m. and 7:00 a.m., provided that any such vehicle is within an enclosed garage.

The parking or placement of commercial equipment is prohibited. Exception: commercial equipment associated with valid permitted construction, alteration or development as determined by the Commissioner of the permit issuing department or their designee.

§ 68-420.9 Accessory wind energy turbines.

The parking of an unlicensed or inoperable vehicle or trailer is prohibited.

[Added 12-2-2008]

Title. This section shall be known as the "Accessory Wind Energy Turbine Ordinance for the Town of Islip."

Legislative intent. In order to accommodate alternative and renewable forms of energy production across the Town, while regulating the visual impacts of any such form, accessory wind energy turbines, as defined in § 68-3 of this ordinance, may be allowed as specified herein.

Applicability.

This section applies to all accessory wind energy turbines proposed to be constructed after the effective date of this section, and is intended to apply to stand-alone and/or roof-mounted turbines constructed primarily to supplement the existing power supplies for individual buildings across the Town.

Accessory wind energy turbines constructed prior to the effective date of this section shall not be required to meet the requirements contained herein; provided that any physical modification to an existing accessory wind energy turbine that materially alters the size, type and number of wind turbines or other equipment shall require a permit under this section.

Any industrial accessory wind energy turbine, as defined in § 68-3, shall comply with the requirements in § 68-420.10 of this chapter.

[Added 9-29-2009]

Administration.

The fee for any accessory wind energy turbine application shall be limited to $15.

The review of any accessory wind energy turbine application may be expedited at the discretion of the Building Division.

The Building Division may keep a list, along with specific preapproved plans, of accessory wind energy turbine models and manufacturers that meet all structural and electrical requirements of this ordinance or any applicable New York State code. The Building Division may accept or use these preapproved plans in total or in part and may further adjust any submission requirements accordingly in order to expedite the review of these applications.

Specifications.

The design of any accessory wind energy turbine shall conform to applicable industry standards. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers or from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, the American Wind Energy Association, or other similar certifying organizations.

The design of any accessory wind energy turbine shall conform to applicable New York State codes.

Any accessory wind energy turbine shall be designed to withstand winds of up to 120 miles per hour.

Controls and brakes. All wind energy turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation, used independently of a mechanical brake, shall not be considered a sufficient braking system for overspeed protection.

Electrical components. All electrical components of the accessory wind energy turbine shall conform to relevant and applicable local, state and national codes.

Visual appearance; power lines.

Accessory wind energy turbines shall be a nonobtrusive color, such as white, off-white or gray.

Accessory wind energy turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

On-site transmission and power lines between accessory wind energy turbines and the electrical service box within the main structure shall be placed underground.

Any tower used in connection with an accessory wind energy turbine shall not be climbable up to 15 feet above ground surface.

All access doors to any electrical equipment and/or service boxes attached to a accessory wind energy turbine shall be locked to prevent entry by nonauthorized persons.

Noise and shadow flicker.

Audible sound from an accessory wind energy turbine shall not exceed 55 dBA (decibels), as measured at the exterior of any occupied building on an adjacent property. Methods for measuring and reporting acoustic emissions from the accessory wind energy turbine shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1, 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.

The applicant shall make reasonable efforts to minimize shadow flicker to any occupied building on any adjacent property,

Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the accessory wind energy turbine.

(11)

Decommissioning. The facility owner and operator shall, at its expense, complete decommissioning of the accessory wind energy turbine within 12 months after the end of the useful life of said turbine. The accessory wind energy turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. Decommissioning shall include removal of towers, turbines, buildings, cabling, electrical components, and any other associated facilities.

(12)

Height.

Measurement. The height of an accessory wind energy turbine shall be measured from the base of any tower supporting said turbine to the upward limit of the highest component thereof. For roof-mounted turbines, height shall be measured from the average grade of the ground at the base of the structure upon which the turbine is mounted to the upward limit of the highest component thereof.

Percentage of lot width.

If accessory to a residential, office, general service, or commercial use, the height of an accessory wind energy turbine shall not exceed 42% of the lot width but at no time shall exceed 45 feet.

If accessory to an industrial use, the height of an accessory wind energy turbine shall not exceed 50% of the lot width but at no time shall exceed 70 feet.

Maximum effective height. The height of any turbine shall be minimized to the greatest extent possible. The aforementioned height limitations may be approved only upon submission of proof satisfactory to the Building Division and/or the Commissioner of Planning that such height is necessary in order to extend a proposed turbine beyond a zone of turbulence created by surrounding trees, roofs, or structures which may affect the efficiency or total power output of said turbine.

Minimum safe height. The lowest moving component of any accessory wind energy turbine shall not be located less than 15 feet from ground level.

(13)

Yard setbacks. Yard setbacks shall be derived from the maximum effective height of any turbine as stated above.

Front yard. Accessory wind energy turbines mounted to a free-standing tower shall be prohibited in any front yard. Roof-mounted turbines may be allowed on that portion of a pitched roof which faces the rear yard or, in the case of a flat roof, said turbine may be located on the rear half of such roof.

Side yard. Accessory wind energy turbines shall be set back from any side property line by a distance greater than the height of the turbine or the highest component thereof.

Rear yard. Accessory wind energy turbines shall be set back from any rear property line by a distance greater than the height of the turbine or the highest component thereof.

Certification. The operation of any accessory wind energy turbine shall not commence until a final inspection and final certification is issued by the Building Division.

The Building Division may elect to make such inspections and certifications by any Town employee trained and authorized to issue such inspections and certifications. Said employees shall have obtained suitable credentials from any or a combination of the following agencies or organizations:

Small Wind Certification Council.

Institute for Sustainable Power Quality.

National Renewable Energy Laboratory.

Any additional training agency which provides a comparable educational scope at the direction of the Commissioner of Planning.

The Building Division may also certify an accessory wind energy turbine construction in part by virtue of: an Underwriters Laboratory certificate or by my authority conferred upon Town employees by the New York State Department of State Educational Program (Division of Code Enforcement and Administration).

§ 68-420.10 Industrial accessory wind energy turbines.

The Building Division may accept independent certifications from third-party vendors, includes, but not limited to: Det Norske Veritas, Germanishcer Lloyd Wind Energies, the American Wind Energy Association, Small Wind Certification Council, Institute for Sustainable Power Quality, National Renewable Energy Laboratory, or any additional agency or organization which provides a comparable certifying scope at the direction of the Commissioner of Planning.

Title. This section shall be known as the "Industrial Accessory Wind Energy Turbine Ordinance" for the Town of Islip.

Legislative intent.

The Town Board of the Town of Islip hereby recognizes a global need to explore alternative and renewable sources of energy in order to help reduce the well-documented impacts of the burning of fossil fuels on the global environment. The Town Board further recognizes the economic development benefits associated with the use of these alternative and renewable sources of energy by certain industries across the Town. By enacting this section, the Town Board seeks to achieve these goals in a manner which does not create significant visual, noise, or other impacts on any residential district.

It is also the intent of the Town Board to create a distinction between those industrial properties that may be better suited for industrial accessory wind energy turbines and all other properties which may be able to accommodate an accessory wind energy turbine as described in § 68-420.9.

Applicability.

This section applies to all industrial accessory wind energy turbines proposed to be constructed after the effective date of this section and is intended to apply to stand-alone and/or roof-mounted turbines constructed primarily to supplement the existing power supply for individual buildings located within the Industrial 1 District, Industrial 2 District and Industrial Corridor District only.

Industrial accessory wind energy turbines constructed prior to the effective date of this section, or any other applicable section of this chapter, and which have been established as a legal nonconforming use by the Zoning Board of Appeals shall not be required to meet the requirements contained herein; provided that any physical modification to an existing industrial accessory wind energy turbine that materially alters the size, type and/or number of wind turbines or other equipment shall require a permit under this section.

Any property that does not meet the criteria specified herein may continue to be eligible for the construction of an accessory wind energy turbine pursuant to § 68-420.9.

Administration.

The fee for any industrial accessory wind energy turbine shall be $500.

The review of any industrial accessory wind energy turbine may be expedited at the discretion of the Building Division.

The Building Division may keep a list, along with specific preapproved plans, of industrial accessory wind energy turbine models and manufacturers that meet all structural and electrical requirements of this section or any applicable New York State code. The Building Division may accept or use these preapproved plans in total or in part and may further adjust any submission requirements accordingly in order to expedite the review of these applications.

Required criteria for approval of turbines in industrial districts as accessory uses. Permits for the construction of an industrial accessory wind energy turbine may be issued only upon sufficient proof of satisfying the following criteria:

The subject property must be within the Industrial 1 District, Industrial 2 District, or the Industrial Corridor District.

Any property located within 1/4 mile of the Long Island MacArthur Airport or the Bayport Aerodrome requires any applicable clearance or certification from the Federal Aviation Administration (FAA).

The base of any proposed turbine and/or tower supporting same is located a minimum of 500 feet away from any residential district or use.

The height of any proposed wind turbine does not exceed 156 feet as measured from the base of any tower supporting said turbine to the upward limit of the highest component thereof. For roof-mounted turbines, height shall be measured from the average grade of the ground at the base of the structure upon which the turbine is mounted to the upward limit of the highest component thereof.

The subject property is free of any open code violations.

A primary, permitted use exists on the subject property.

The proposed wind turbine will service the primary permitted use only and may not service any other adjoining property or function as part of any public utility company unless authorized by the Long Island Power Authority and appropriate cross-access utility easements are implemented.

The proposed wind turbine will not cause any significant shadow flicker on any residential property regardless of the distance of said residential property from the turbine.

The proposed wind turbine will not produce any noise in excess of 60 decibels as measured at the exterior of any occupied building on an adjacent property. Methods for measuring and reporting acoustic emissions from the industrial accessory wind energy turbine shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1 — 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1: First Tier."

The proposed wind turbine is certified to withstand a 120 mile per hour wind by a licensed professional engineer.

Specifications.

The design of any accessory wind energy turbine shall conform to applicable industry standards. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers or from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Wind Energy Association, or other similar certifying organizations.

The design of any accessory wind energy turbine shall conform to applicable New York State codes.

Any industrial accessory wind energy turbine shall be designed to withstand winds of up to 120 miles per hour.

Electrical components. All electrical components of the accessory wind energy turbine shall conform to relevant and applicable local, state and national codes.

Visual appearance; power lines.

Accessory wind energy turbines shall be an unobtrusive color such as white, off-white or gray.

Accessory wind energy turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Any on-site transmission and power lines between industrial accessory wind energy turbines and the electrical service box within the main structure shall be placed underground.

Any tower used in connection with an accessory wind energy turbine shall not be climbable up to 15 feet above ground surface.

All access doors to any electrical equipment and/or service boxes attached to an industrial accessory wind energy turbine shall be locked to prevent entry by unauthorized persons.

Noise and shadow flicker.

Audible sound from an industrial accessory wind energy turbine shall not exceed 60 dBA (decibels), as measured at the exterior of any occupied building on an adjacent property. Methods for measuring and reporting acoustic emissions from the accessory wind energy turbine shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1 — 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

The proposed wind turbine will not cause any significant shadow flicker on any residential property regardless of the distance of said residential property from the turbine.

Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the accessory wind energy turbine.

(11)

Decommissioning. The facility owner and operator shall, at its expense, complete decommissioning of the industrial accessory wind energy turbine within 12 months after the end of the useful life of said turbine. The industrial accessory wind energy turbine will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. Decommissioning shall include removal of towers, turbines, buildings, cabling, electrical components, and any other associated facilities.

(12)

Height.

Measurement. The height of an industrial accessory wind energy turbine shall be measured from the base of any tower supporting said turbine to the upward limit of the highest component thereof. For roof-mounted turbines, height shall be measured from the average grade of the ground at the base of the structure upon which the turbine is mounted to the upward limit of the highest component thereof.

Height limitation. The height of any industrial accessory wind energy turbine shall not exceed 156 feet.

Minimum safe height. The lowest moving component of any industrial accessory wind energy turbine shall not be located less than 15 feet from ground level.

(13)

Yard setbacks.

Front yard. Industrial accessory wind energy turbines mounted to a free-standing tower shall be prohibited in any front yard, including second front yards. Roof-mounted turbines may be allowed on that portion of a pitched roof which faces the rear yard or in the case of a flat roof, said turbine may be located on the rear half of such roof.

Side yard. The base of any industrial accessory wind energy turbines shall be set back from any side property line a distance of 10 feet, but at no time may the turbine blades encroach upon the air rights of any adjoining property.

Rear yard. The base of any industrial accessory wind energy turbines shall be set back from any rear property line by a distance of 10 feet, but at no time may the turbine blades encroach upon the air rights of any adjoining property.

Certification. The permanent operation of any industrial accessory wind energy turbine shall not commence until a final inspection and final certification is issued by the Building Division.

Small Wind Certification Council;

Institute for Sustainable Power Quality;

National Renewable Energy Laboratory;

Any additional training agency which provides a comparable educational scope at the direction of the Commissioner of Planning.

The Building Division may also certify an industrial accessory wind energy turbine construction in part by virtue of an Underwriters Laboratories certificate or by any authority conferred upon Town employees by the New York State Department of State Educational Program (Division of Code Enforcement and Administration).