A.
Purpose and intent. The purposes of this section are to regulate
the construction of telecommunications towers and related uses consistent
with applicable federal and state regulations; to minimize the total
number of telecommunications towers in the community by encouraging
shared use of existing and future towers; and to minimize the adverse
visual effects of towers by requiring careful siting, visual impact
assessment and appropriate landscaping in order to protect the natural
features, such as ridgelines, vegetation and wetlands, property values
and aesthetic character of the Town of Austerlitz. These provisions
are not intended to prohibit or have the effect of prohibiting the
provision of personal wireless services, nor shall they be used to
unreasonably discriminate among providers of functionally equivalent
services consistent with current federal regulations.
B.
Applicability. No new telecommunications towers may be built, nor
any existing telecommunications towers be modified, except in accordance
with this section.
C.
In addition to the requirements for a special use permit and site
plan approval, the applicant shall provide the following information
in connection with its application:
(1)
A site plan that shows all existing and proposed structures and improvements,
including antennas, roads, buildings, guy wires and anchors, parking,
landscaping and grading plans for new facilities and roads. Any methods
used to conceal the modification of an existing facility shall be
indicated on the site plan.
(2)
A tower usage plan which identifies the type of use, level of use
and any characteristics of the tower which may affect the surrounding
area. The tower usage plan shall also outline construction methods
and removal plans in the event that tower usage is discontinued.
(3)
A map of areas of telecommunications coverage already in place within
the Town, demonstrating, through overlay zones, the technological
necessity of the proposed tower at the site to provide the type of
service.
(4)
A letter of intent committing the tower owner and his/her successors
in interest to notify the Secretary of the Planning Board within 15
days of the discontinuation of use of the tower.
(5)
A visual impact assessment, which shall include:
(a)
A zone of visibility map that illustrates the entire area within
which the tower will be visible.
(b)
Pictorial representations of a large balloon or other object
fixed at the height and location of the proposed telecommunications
tower. The balloon or other object shall be of such size, color and
shape as to be visible from all locations within the three-mile radius
of the facility site from which the proposed tower will be visible.
The photographs shall be taken from a reasonable number of key viewpoints
within the Town, specified by the Planning Board (after consultation
with the applicant, preferably prior to the filing of the application),
including, but not limited to, state highways and other major roads,
state and local parks, preserves and historic sites and other locations
where the site is visible to a large number of residents, visitors
or travelers.
(c)
Applicants will fly a balloon or other device at the maximum
height of the proposed tower for three days prior to the first public
hearing and for four days immediately following the first public hearing
held on the proposal to aid residents in visualizing the height of
the proposed tower.
(6)
In case of shared use of an existing tower or accessory facility,
documentation of permission from the owner of the existing facility
to allow shared use.
(7)
In the case of the shared use, an engineer's report certifying that
the proposed shared use will not diminish the structural integrity
and safety of the existing tower or accessory structure and explaining
what modifications, if any, will be required in order to certify the
foregoing.
(8)
An analysis of the cumulative impact of the proposed facility and
other existing foreseeable telecommunications facilities in the area,
including technologically feasible mitigating measures.
D.
Shared use of existing towers. The Town is strongly in favor of minimizing
the degradation of the visual environment caused by telecommunications
towers. At all times, use of existing towers and existing sites shall
be preferable to the construction of a new tower and the development
of a new site.
(1)
In all cases where an application has been made for the construction
of a new tower, an applicant shall present an adequate report inventorying
existing towers within a reasonable distance of the proposed site
and outlining opportunities for shared use of existing facilities
and use of other preexisting structures as an alternative to a new
construction.
(2)
In the case of new towers, the applicant shall submit a report demonstrating
good faith efforts to secure shared use from existing towers, as well
as documentary capacity for future shared use of the proposed tower.
Written requests for shared use and the responses thereto shall be
provided.
(3)
An applicant intending to share use of an existing tower shall document
approval from an existing tower owner to share use. The applicant
shall pay all reasonable fees and costs of adapting an existing tower
or structure for a new shared use. Those costs include, but are not
limited to, structural reinforcement, preventing transmission or receiver
interference, additional site screening, and other changes, including
real properly acquisition or lease required to accommodate shared
use.
E.
Shared use of new towers. The applicant shall design all new telecommunications
towers in such a way as to accommodate additional demand for reception
and transmitting facilities in the future. For all applications for
the construction of new towers, the applicant shall submit to the
Planning Board a written irrevocable commitment, valid for the duration
of the existence of the proposed tower, obligating the owner of the
proposed 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 Secretary
of the Planning Board prior to any site plan approval. Failure to
submit this letter on terms satisfactory to the Planning Board shall
be grounds for denial of the approval of the site plan by the Planning
Board. The letter shall commit the new tower owner and his/her successors
in interest to:
(1)
Respond within 30 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 and sites by other telecommunications providers.
(3)
Allow shared use of the new tower or site if another telecommunications
provider agrees in writing to pay reasonable charges. The charges
may include, but are not limited to, a pro rata share of the cost
of site acquisition, planning, project administration, land costs,
site design, construction and maintenance improvement, financing,
return on equity and depreciation and all of the costs of adapting
the tower or equipment to accommodate a shared user without causing
electromagnetic interference.
F.
New tower design. The design of a new tower shall comply with the
following:
(1)
Any new tower shall be designed to accommodate additional shared
use by other telecommunications providers.
(2)
Unless specifically required by other regulations, a tower shall
have a finish (either painted or unpainted) that minimizes visual
impact.
(3)
Accessory structures shall maximize the use of building materials,
colors and textures that blend with natural surroundings.
(4)
New towers shall not exceed the minimum height necessary to provide
adequate coverage for the personal wireless service facilities proposed
for use on the tower.
(5)
Unless required by the Federal Aviation Administration, no night-lighting
of towers for the personal wireless facilities is permitted, except
for manually operated emergency lights for use only when operating
personnel are on site. In instances when night-lighting is required,
towers shall be equipped only with the minimum lighting required by
law and, in which case, such lighting shall be of such type as to
minimize glare.
(6)
No portion of any tower or accessory structure shall be used for
advertising purposes. However, each tower must exhibit, at ground
level, information as to parties to contact in case of emergency.
G.
Site requirements. Telecommunications towers and accessory facilities
shall be located so as to minimize potential adverse impacts as follows:
(1)
Safety. Telecommunications towers and accessory facilities shall
be located a sufficient distance from adjoining property lines and
adjoining structures so as to safeguard against damages from icefall
or debris from structural damage.
(2)
Visual/aesthetic. Towers shall, when possible, be sited where their
visual impact is least detrimental to highly rated scenic and historic
areas, including ridgelines, properties listed in the State and Federal
Register of Historic Places, and scenic roadways.
(3)
Environmental degradation. Towers shall, when possible, be sited
to avoid affecting rare or endangered flora or fauna. They should
also be sited, when possible, away from wetland areas.
(4)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible.
(5)
Screening. Where a site abuts a residential or public property, including
streets or roads, screening shall be required. Deciduous or evergreen
tree plantings shall be required to screen portions of the tower and
accessory structures from nearby residential property, as well as
from public sites which include important views or vistas.
(6)
Roads/access. For all tower sites, the roads or other means of access
leading to and from same shall be inspected and approved by the Town
Highway Superintendent before any building permit is issued for the
construction of the tower. All roads leading to the tower shall be
adequate for access for emergency and service vehicles on a year-round
basis. Maximum use of existing roads, public or private, shall be
made. Road construction shall be consistent with standards for private
roads as required by the Town. The road grade shall closely follow
the natural contour so as to assure minimal visual disturbance and
reduce soil erosion potential.
(7)
Parking. Parking that assures adequate spaces for emergency and service
vehicles shall be provided. The Planning Board shall determine the
number of required spaces based upon a recommendation from the applicant.
(8)
Fencing. The tower and any accessory structure shall be adequately
enclosed by a gated fence, the design of which shall be approved by
the Planning Board.
H.
Inspections and tower use reports.
(1)
Inspections and tower use reports. The Code Enforcement Officer shall
be entitled to inspect the telecommunications tower and accessory
facilities upon completion of construction and at least one time annually
thereafter. The owner/applicant shall deliver to the Planning Board,
as a condition to site plan approval hereunder, written permission
for access to the facility site and such tower to inspect the tower
and determine compliance with the tower usage plan, as well as its
structural integrity, at any time.
(2)
The applicant/operator shall submit to the Planning Board an annual
report setting forth the type and frequency of usage of the tower
and indicating compliance with the tower usage plan.
I.
Removal of towers.
(1)
Prior to being granted site plan approval pursuant to this section,
an applicant shall submit to the Planning Board a document, in recordable
form, executed by the owner of the property on which the telecommunications
tower is to be located, satisfactory to the Planning Board. This document
shall commit the owner and his/her successors in interest to independently
be responsible for removal of the telecommunications tower and accessory
facilities upon the termination of service as hereinafter provided.
Said document will also authorize the Town to enter onto the owner's
property in the event the tower is not removed in accordance with
the provisions of this chapter and authorizing the Town to proceed
with the removal of the telecommunications towers and accessory facilities.
The document will also allow the Town, without further notice to the
owner, to remove the tower and accessory facilities, to charge the
owner with the reasonable costs of removal, and file a lien against
the property of the owner for all of the costs associated with same.
(2)
Any telecommunications tower which ceases to operate for a period
of one year shall be removed. "Cease to operate" is defined as not
performing the normal functions associated with operation for a period
of one year.
(3)
In the event the telecommunications tower ceases to operate, the
owner of the site shall forthwith notify the Code Enforcement Officer
and shall remove said tower and accessory facilities from the site
within 60 days. Upon removal of the telecommunications tower and accessory
facilities, the owner shall restore the site to its original condition
or the standards of the surrounding area at the time of removal, as
determined by the Code Enforcement Officer.
(4)
Failure to notify the Code Enforcement Officer and/or to remove the
telecommunications tower and accessory facilities after said tower
ceases to operate shall constitute a violation of this section and
shall authorize the Town to remove said telecommunications tower and
accessory facilities at the owner's sole cost and expense in accordance
with the provisions of this section.
J.
Notification. An applicant proposing a new telecommunications tower
shall mail notice of the filing of the application and all public
hearings directly to all landowners whose property is located wholly
or in part within 500 feet of the property line of the facility site.
Notification in all cases shall be made by certified mail, return
receipt requested, at least 10 days prior to the scheduled Planning
Board meeting. Documentation of the foregoing notification shall be
submitted to the Planning Board prior to the public hearing.
Applicants proposing signs shall comply with Chapter 70, Advertising
Devices, of the Code of the Town of Austerlitz.
Applicants proposing mobile homes or mobile home parks shall comply with Chapter 131, Mobile homes and mobile home parks, of the Code of the Town of Austerlitz.
A.
Purpose. Land clearing and grading unassociated with an application
for subdivision, site plan or special use permit approval has the
potential to permanently alter the character of the property and negate
the purpose of this chapter and SEQRA.[1]
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
B.
Applicability. Site plan approval is required for land clearing or
grading in excess of one acre in all districts where the property
is vacant, without a primary residential or business use.
C.
Exempt activities. The provisions of this section shall not apply
to the following activities:
(1)
Agricultural uses and practices using more than four acres. Larger
clearing is subject to the expedited site plan approval process in
Appendix 1.[2]
[2]
Editor's Note: Appendix 1 is included at the end of this chapter.
(2)
Construction of any municipal project.
(3)
Clearing or grading up to four acres on the same lot with an existing
residential or business use.
(4)
Commercial and noncommercial selective cutting for fuel, lumber and
other wood products. Clear-cutting of trees in excess of the amounts
in this section require site plan approval.
D.
Review standards.
(1)
The standards of review and approval in Article VIII, Site Plan Review, of this chapter shall govern review of applications under this section. In addition to any other information that the Planning Board may deem necessary in reviewing the application, the application shall include a clear statement of the intended use of the property and any future development plans.
(2)
If the applicant proposes a subdivision or other development of the
property, an application for subdivision approval, site plan or special
use permit for the ultimate development must be included.
(3)
If the applicant represents that there are no future plans for the
subdivision or development of the property, any site plan approval
for the clearing and grading shall include a prohibition on the submission
of any future application for a subdivision, site plan, special use
permit or building permit for a period of five years from the date
of the approval for the land clearing.
A.
Purpose. The Town of Austerlitz recognizes that the timber resources
in the Town are a renewable resource of significant value, and their
use and responsible management should be encouraged. The Town also
recognizes that if timber harvesting practices are poorly carried
out, they can result in significant environmental damage to the land,
adjacent lands, water quality and public roads. The purpose of this
section is to regulate those commercial harvesting activities on private
lands and to utilize professional forest management expertise in the
preparation of timber harvest plans.
B.
Requirements.
(1)
A timber harvest permit (THP) shall be obtained from the Code Enforcement Officer by the landowner or his/her authorized representative desiring to harvest timber on any parcel, or group of parcels under the same ownership, that fells trees whose volume in any consecutive twelve-month period is greater than 30 standard cords of wood or 15,000 board feet of timber. Clear-cutting a parcel shall require site plan approval from the Planning Board pursuant to § 195-24 of this chapter.
(2)
The commercial timber harvesting operation shall be conducted in
accordance with an approved timber harvesting plan. The timber harvesting
plan shall be developed by a qualified forester as defined herein.
(3)
A timber harvesting plan shall contain the following information:
(a)
Property owner's name, address and phone number; statement of
authorization from the owner for any agent making an application.
(b)
Property location (tax parcel ID, street address).
(c)
Forest management plan. Qualifying plans include any prepared
pursuant to New York State Real Property Tax Law § 480-a
or a recognized sustainable forestry certification program, such as
the Sustainable Forestry Initiative, Forest Stewardship Council, Tree
Farm, Green Tag, or similar, or a DEC-approved forest stewardship
plan. Forest management plans must include the following:
[1]
Topographical map of the property delineating property boundaries,
harvest area, haul and skid roads, landings, access to public roads,
watercourses and wetlands.
[2]
Estimate of harvest volume and anticipated dates of harvest.
[3]
Best management practices (BMPs) during harvesting in accordance
with recommendations in the then-current New York State Timber Harvesting
Best Management Practices Guide.
[4]
Plan preparer's qualifications.
[5]
Post-harvest BMPs to minimize erosion, sedimentation or pollution
of waters from skid trails, haul roads and landings.
C.
The provisions of this section shall not apply to the sale of wood
products resulting from a land-clearing project which has been granted
site plan approval.
[Added 5-18-2017 by L.L.
No. 1-2017]
A.
Applicability.
The requirements of this section shall apply to all solar energy systems
installed or modified after its effective date, excluding general
maintenance and repair and building-integrated photovoltaic systems.
B.
Solar
as an accessory use/structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on site
or off site are permitted as an accessory use in all zoning districts
of the Town of Austerlitz when attached to any lawfully permitted
building or structure.
(b)
Height. Solar energy systems when mounted to a roof shall not exceed
maximum height restrictions within the zoning district it is located
in and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements: panels
facing the front yard must be mounted at the same angle as the roof's
surface with a maximum distance of 18 inches between the roof and
highest edge of the system.
(d)
Roof-mounted solar energy systems that use the energy on site or
off site shall be exempt from site plan review under the Town of Austerlitz
Zoning Code or other land use regulations.
(e)
Plans prepared in accordance with the New York State Building Code
shall be submitted to the Town Code Enforcement Officer and a permit
issued prior to the commencement of installation. All electrical work
shall be performed and/or inspected by an electrician licensed in
New York State.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the electricity primarily
on site are permitted as accessory structures subject to site plan
approval in all zoning districts of the Town of Austerlitz.
(b)
Height and setback. Ground-mounted solar energy systems shall adhere
to the setback requirements of the underlying zoning district in which
they are located. In no case shall the structure exceed 25 feet in
height when oriented to its maximum height.
(c)
All such systems are permitted in the side or rear yards of all districts.
Systems in front yards are permitted in the Rural Residential District
with a minimum setback of 100 feet. Front yard installations are not
permitted in the Austerlitz or Spencertown hamlets.
(d)
All such systems shall be located in such a manner so that the system
is adequately screened with respect to neighboring properties so that
the views of the system from neighboring properties, particularly
residences, or from a public road, are not a significant detraction.
The proposed development shall be visually compatible with the character
of the community to the extent feasible. Mitigation of visual incompatibility,
such as screening, may be required to prevent uses from detracting
from adjoining uses. Screening can be accomplished by utilizing existing
buildings and vegetation as well as deer resistant evergreen plantings
when necessary.
(e)
In addition to the screening, height and setback requirements listed
above, sites to be developed shall be of such character that they
can be used for the proposed purposes without danger to the public
health or safety, or peril from fire, flood or other causes.
(f)
Standards. Site development shall comply with the following requirements
and with all applicable federal, state and local laws and any road
maintenance agreement:
[1]
Adequate and safe vehicular movement between site and street network.
[2]
Safe and adequate on-site vehicular movement.
[3]
Sites should have year-round accessibility, including adequate accessibility
for emergency vehicles.
[4]
Environmentally sensitive areas shall be protected and adverse impacts
avoided or mitigated.
[5]
If applicable, adequate stormwater and drainage facilities, with
all drainage conveyance systems designed for a twenty-five-year storm
event.
[6]
Appropriate protection of or mitigation of adverse impacts to adjacent
uses, particularly residential uses, through landscaping, vegetative
and other screening, buffering, planting and methods of construction.
[7]
Avoidance or mitigation of dangerous or hazardous activities.
(g)
The location of ground-mounted systems shall not interfere with adequate
parking or with ingress and egress to the property on which it is
located. Ground-mounted solar energy systems in all districts must
allow room for Fire Company access to all outbuildings. The systems
must be at least 20 feet from any existing structures and must not
block any existing roadways, lanes or other pathways to outbuildings.
The intent of this section is to ensure adequate emergency access.
(h)
Once site plan approval is received, plans prepared in accordance
with the New York State Building Code shall be submitted to the Town
Code Enforcement Officer and a permit issued prior to the commencement
of installation.
(3)
Equipment for solar energy systems. Roof-mounted solar energy equipment
such as batteries and control panels (except individual on/off switches)
shall be installed in such a manner to reduce their visual impact.
Ground-mounted solar energy equipment shall be located in outbuildings
where feasible or otherwise in such a manner to reduce their visual
impact. Electric lines or wires from the system or equipment to buildings
should be installed below ground to the extent practicable.
C.
Large-scale
solar systems. Large-scale solar systems are not permitted anywhere
in the Town of Austerlitz.
D.
Enforcement.
Any violation of this section shall be subject to the same civil and
criminal penalties provided for in the zoning regulations of the Town
of Austerlitz.
