Prior to approving any conditional use, the Planning Board shall
determine the conformity of such use and the proposed development
therefor with conditions and standards as set forth in this local
law. Conditions prerequisite to approval of such uses are of a general
and specific nature. In various provisions of this local law, specific
standards are enumerated for certain uses, which standards shall be
the minimum conditions for such use. The general conditions and standards
for conditional use approval are as follows:
A. The proposed use shall be of such location, size and character that
it will be in harmony with the appropriate and orderly development
of the district in which it is proposed to be situated and not be
detrimental to the site or adjacent properties in accordance with
the zoning classification of such properties.
B. The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therewith will not be hazardous.
C. The location and height of buildings, the location, nature and height
of walls and fences and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
development and use of adjacent land and buildings.
D. The proposed use will not require such additional public facilities
or services or create such fiscal burdens upon the Town greater than
those which characterize uses permitted by right.
E. As a condition of all special permit and conditional use permits,
right of entry for inspection with reasonable notice shall be provided
for to determine compliance with the conditions of said permit.
F. As a condition of all conditional use permits, a time limitation
may be imposed.
Dormitories are permitted only as accessory uses to schools
of general instruction, subject to the following supplemental requirements:
A. There shall be a minimum lot area of 1,800 square feet provided per
dormitory bed, exclusive of the lot area allocated and devoted to
the principal and other accessory buildings on any site, including
the required yards and/or setbacks, buffers and parking facilities
for said buildings.
B. The minimum distance between a dormitory and any other building on
the lot shall be 50 feet.
C. The minimum distance between any dormitory and any interior driveway
shall be 25 feet.
D. The maximum height of any dormitory shall be two stories or 25 feet,
whichever is less.
E. No dormitory room or dwelling unit shall be permitted in any cellar
or basement.
F. All dormitories shall be equipped with sprinkler and fire alarm systems
in accordance with the Town of Orangetown Fire Prevention Code and the New York State Uniform Fire Prevention and Building
Code.
The harboring, boarding or training of animals, not including
stables, except as otherwise provided in § 3.11, Use Table,
whether enclosed in a structure or on open land and whether or not
accessory to other principal uses of the land, shall be conducted
in accordance with the following general standards:
A. In issuing the conditional use approval for animal kennels, the Planning
Board shall stipulate the maximum number and type of animals to be
boarded, harbored or trained. That number shall not exceed the quotient
of 10,000 square feet of net lot area per 100 pounds of animal body
weight characteristic of the species so harbored. The square footage
of the net lot area is that area of the lot excluding the area of
any required yards.
B. In considering the application for a conditional use permit for the
animal kennel use, the Planning Board shall consider the number, size,
breed and temperament of animals to be sheltered and impose reasonable
conditions to protect proximate uses, aesthetic impact and safety
of the animals sheltered in order to ensure the health, safety and
general welfare of the community.
Gasoline service stations are conditional uses in CC and LI
Districts and subject to the restrictions as set forth in § 3.11,
Use Table, as well as the following standards:
A. No stations shall be located closer than 200 feet from a school of
general instruction, public recreation area, church or hospital, measured
to the lot lines thereof.
B. Access points shall be located a minimum of 100 feet from the intersection
of the designated street lines. All accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient travel without the potential for backing vehicles into
the public street.
C. Pumps, pump islands and canopies are structures and shall not be
located in any required yards, except that the Planning Board may
allow canopies to extend into any yard. No outdoor display of products
not associated with the gasoline service station use shall be permitted.
D. Screening. A ten-foot-wide landscaped area shall be provided along
all gasoline service station property lines, excluding the front line,
property lines adjacent to existing commercial uses and access points.
The landscaped area shall be densely planted with a mixture of shrubs,
trees and a fence, not less than six feet high, which will create
an opaque screen. All landscaped areas along property lines which
are crossed by access drives shall be planted with low shrubs no greater
than three feet high and trees with a branching habit which begins
at least eight feet above ground level. Furthermore, no planting shall
cause a hazardous condition by interfering with the normal line of
sight [350 feet in either direction] needed for safe entering and
exiting maneuvers by motor vehicles.
E. Maintenance and operation. Due to the extent of land use impacts
from such stations which are a product of exterior operations, the
following requirements shall be made and noted on the site development
plan:
(1)
All vehicles at gasoline service facilities, except for one
tow truck, shall be stored within a building when the facilities are
not open for business. However, licensed vehicles parked for minor
repairs may be left outside for a period not to exceed 72 hours. At
no time shall any unlicensed or dismantled automobiles, trucks, tractors,
trailers or accessories thereof be outside of a building. No car,
truck or trailer rentals shall be permitted.
(2)
There shall not be any outside storage or display of accessories
or portable signs when gasoline service facilities are not open for
business.
(3)
Rubbish, oil cans, tires, discarded motor vehicle parts and
components and any other waste materials may be temporarily stored
in a completely fenced-in opaque enclosure adjacent to the gasoline
service station building. The area of such enclosure shall not exceed
200 square feet. There shall be no storage at any time of any of the
above-mentioned items outside of such enclosure.
(4)
No repair work may be performed out of doors. This does not
preclude, however, adding oil to motor vehicles, changing windshield
wipers or other similar simple repairs normally performed in conjunction
with the sale of gasoline.
(5)
During the hours that a gasoline service station is open, all
cars of employees and customers and tow trucks must be parked only
in areas designated on the site development plan.
(6)
All landscaped areas designated on the gasoline service station
site development plan and/or landscaping plan shall be maintained
in a neat and healthy condition.
F. Vehicle sales prohibited. The offering for sale and sale of new or
used motor vehicles is prohibited. This prohibition includes the display
of registered or unregistered vehicles with any "for sale" sign thereon.
G. Discontinuance of use. In the event that a gasoline service station
is abandoned, as determined by the Building Inspector, the owner,
lessee and/or motor fuel supplier of said gasoline service station
shall immediately remove the tanks, gasoline pumps, all identification
signs and lighting poles. In lieu of removing the tanks, said owner
and/or lessee shall remove the flammable liquids therefrom and fill
all tanks with water for a three-month period only, and thereafter
with a solid material. The owner and/or lessee shall also provide
adequate protection against unlawful entry into the buildings and
onto the property and shall close all vehicular entrances to the property
to prevent the storage of abandoned vehicles thereon.
Automobile washing facilities may be permitted by the Planning
Board as provided in § 3.11, Use Table, subject to the following
requirements:
A. Such establishments shall not be located closer than 400 feet from
any residential district boundary line, school, hospital, nursing
home or other similar institutional use.
B. Each establishment shall provide parking/waiting areas equal in number
to six times the maximum capacity. Four times the maximum capacity
shall be provided for automobiles beyond the exit of the equipment
so situated as to be usable for the hand finishing of the washing
process and which shall be no closer than 50 feet to any street right-of-way
line. A maximum capacity shall be determined by dividing the equipment
line by 20 feet.
C. Disposal of wash water shall be subject to approval by the Planning
Board.
D. Where gasoline service stations are either a principal use or accessory use with automobile washing facilities, the requirements of §
8.6 shall also be adhered to in granting approval of such uses.
Automobile sales and service agencies for the sale and servicing
of new and used motor vehicles, accessories and customary accessory
uses may be permitted, provided that such agencies are franchised
dealers or factory-owned dealerships of new motor vehicles and that
all operations are conducted from the same site and subject to the
following requirements:
A. No such facility shall be closer than 500 feet (measured along the
designated street line) to any residential district boundary, institutional
or nonprofit use or school of general instruction. Such use may be
permitted within 100 feet of a residential district along a rear lot
line.
B. The display area for vehicles shall not exceed 110 feet extending
between the front yard line and principal building, and not more than
10 vehicle display spaces shall constitute a display group, with each
group being separated by significant landscape elements.
C. The lighting level shall not exceed three footcandles within a display
area, and no banners, pennants and string flags are permitted. No
signs, including numbers, prices or other advertising message, shall
be displayed so as to be visible to the public right-of-way, except
display window area.
D. All motor vehicle storage other than the display area and customer
parking shall be fully fenced and screened from the side and rear
property lines. All other accessory uses, including servicing, shall
be conducted within fully enclosed structures. Gasoline service, if
provided, shall be located to the rear of the principal building.
Oil and gasoline storage shall be solely in underground tanks.
E. Where the use involves display or sales of recreational vehicles
with gross vehicle weight exceeding 5,000 pounds, or trucks and commercial
vehicles such as buses or tractors, the Planning Board shall increase
the applicable yards by a factor computed on the basis of the vehicle
height divided by five feet six inches.
Contractor's storage yards may be permitted in the LI District,
subject to the following requirements:
A. The Planning Board may require that all building materials, equipment
and supplies be located within enclosed buildings or open sheds.
B. Outdoor storage areas, if any, shall be limited to those specific
locations and designated limits approved by the Planning Board. Such
outdoor storage areas shall be heavily screened and landscaped from
all street lines and lot lines, as may be required by the Planning
Board.
C. The Planning Board may require conformance with any requirements
recommended by the Fire Department having jurisdiction. In no case
shall the storage of any combustible materials be permitted within
150 feet of any lot line.
D. The Planning Board may require conformance to any other necessary
requirements in order to prevent a nuisance to neighboring properties
by reason of dust, noise, odor or any other nuisance which the Planning
Board feels will be associated with the intended use.
Flea markets may be permitted in the LI Zoning District subject
to the following requirements:
A. The applicant shall provide information as to the number of booths
and vendors, the type of merchandise to be sold and the hours of operation.
B. Access points for flea market sites shall not be located closer than
150 feet from the designated street lines of any street intersection.
The internal vehicular traffic circulation system shall be designed
to provide for safe and convenient travel without the potential for
traffic backing into the public travel way or creating hazardous conditions
for vehicles and pedestrians within or proximate to the site.
C. For the purpose of required yards and setbacks, booths, tables and
other display areas in outdoor flea markets shall be considered structures
and may not be located in any required yard or setback. For purposes
of parking computation for an outdoor flea market, the floor area
would be determined by defining the perimeter of that area which would
accommodate all of the display areas, aisle space, storage areas and
other accessory uses if the entire operation were enclosed within
a structure. No outdoor display of merchandise shall be permitted
accessory to any indoor flea market.
D. Adequate facilities for refuse disposal shall be provided so as not
to cause objectionable odors or appearance or create a health hazard,
particularly where the merchandise sold includes food products. Refuse
disposal areas shall be enclosed on all sides.
E. Sanitary facilities shall be provided for outdoor flea markets either
through the use of portable lavatories or by making more permanent
rest room facilities on the site available for use by the flea market
patrons.
F. For permanent flea markets, business identification signs shall be
limited to only those permitted pursuant to § 3.11, Use
Table, Column 5. No directional signs identifying the flea market
location shall be permitted off-site.
G. Temporary flea markets. In order to be considered temporary, a flea
market may not operate for more than seven consecutive days or more
than twice annually.
(1)
A temporary flea market shall be a permitted usage of the site
for only the hours and dates specified in the conditional use approval.
(2)
In addition to the signs permitted in § 3.11, Use
Table, Column 5, two temporary directional signs not to exceed four
square feet in area each shall be permitted off-site; provided, however,
that their location is approved by the Planning Board, written permission
to erect the sign(s) is granted by the property owner upon whose property
the signs are placed, and they are removed no later than one day after
the flea market ends.
(3)
The flea market operator shall clean up the site and remove
all temporary structures, signs and lighting within one week after
the flea market ends.
[Added 4-27-1992 by L.L. No. 5-1992; amended 12-11-1995 by L.L. No. 35-1995; 9-9-1996 by L.L. No.
7-1996]
A. Purpose and intent. The purpose and intent of this section is to
further the health, safety and welfare of the citizens of the Town
of Orangetown. More specifically, the Town Board finds that the uncontrolled
proliferation of certain receive-only antennas is likely to and will
adversely affect the health, safety and general welfare of the citizens
of Orangetown. Among other things, reasonable controls contribute
to good appearance of the Town, stabilize property values, assure
the safety of the owners and, in general, contribute to the preservation
of a pleasant community in which to work and live. This section is
intended to fully comply with the Report and Order of the Federal
Communications Commission released March 11, 1996 which amended Title
47, Part 25, of the Code of Federal Regulations, Section 25.104, Preemption
of Local Zoning of Earth Stations, to the extent that the Report and
Order validly preempts local zoning regulations deemed unduly restrictive
with respect to satellite television receiving antennas. The Town
hereby determines that the bulk and visual impact of such antennas
create aesthetic problems making it appropriate to have some special
limitations as to size and placement thereof. However, this section
shall be construed and administered so as not to unduly hamper reasonably
satisfactory reception of satellite television signals.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
SATELLITE ANTENNA
Any parabolic disk or any other device or structure which
is capable of transmitting or receiving through the air from or to
a satellite in a GEO stationary orbit television, radio, light, microwave
and/or other electrical signals, waves and/or communication.
C. Preemption. This section shall not apply to:
(1)
Any satellite antenna that is three meters (three meters at
39.37 inches equals 118.11 inches) or less in diameter and is located
or proposed to be located in any nonresidential zoning district.
(2)
Any satellite antenna that is one meter (39.37 inches) or less
in diameter in any zoning district.
D. General regulations.
(1)
No person, corporation, partnership or other entity shall cause,
suffer or permit the erection and/or maintenance of a satellite antenna
within the Town of Orangetown without first obtaining a building permit,
and no installation or erection shall commence before such permit
is issued. Construction in a commercial zone requires a building permit.
(2)
The maximum number of satellite antennas allowed per lot, or
per project site in the case of apartments, condominiums or similar
types of complexes, shall be one, and the satellite antenna shall
be located on the same site it services.
E. Application for permit.
(1)
Any person, corporation, partnership or entity who desires to
erect or install a satellite antenna shall apply to the Office of
Building, Zoning and Planning Administration and Enforcement (OBZPAE)
for a permit. An occupant, renter or co-owner shall have the written
permission of all owners of the lot, premises or parcel within the
Town on which such satellite antenna is proposed to be installed or
erected.
(2)
The applicant shall submit a written application upon forms
provided by OBZPAE and shall also submit:
(a)
A plot plan of the property or parcel of land, acceptable in
form and content to the Building Inspector, which shall be prepared
to a scale and in sufficient detail and accuracy so as to accurately
depict the placement of all component parts of the satellite antenna,
including any guy wires or enclosures, in relation to:
[1] The location of property lines and permanent easements.
[2] The location of all structures on the site and
all structures on any adjacent property within 10 feet of the property
lines.
[3] The location, nature and extent of any proposed
fencing, buffering, plantings or other screening measures, if any.
(b)
The dimensions of said satellite antenna, including its width,
depth and height.
(c)
All information prepared by the manufacturer, distributor and
retailer of the satellite antenna for which a permit is being sought,
including but not limited to the following:
[2] The manufacturer's suggested maintenance and/or
inspection procedures.
[3] The manufacturer's suggested installation instructions.
(d)
A written statement showing the name of the owner or the person
in control of the building(s) on the premises where such satellite
antenna is to be located and the right or authority to obtain a permit.
(e)
Such other information as the Building Inspector may reasonably
require to comply with the provisions of this chapter.
(f)
An affidavit stating that the applicant has obtained all other
licenses, permits and approvals required by law for the erection,
construction, installation and operation of such satellite antenna.
(3)
The written application shall indicate the names of the owners
of the subject property, the occupant or occupants of the subject
property and the contractor or other person proposed to construct
or erect the proposed satellite antenna.
(4)
The Building Inspector or his designee may issue the permit,
provided that the applicant has met all the requirements of this section.
F. Conformance with Town standards required.
(1)
All satellite antennas shall be deemed an accessory use as said
term is defined in the Zoning Code of the Town of Orangetown and therefor
only permitted on a lot which contains a principal structure and shall
be subject to all regulations set forth in said Zoning Code governing
accessory uses.
(2)
All satellite antennas shall be designed in conformance with
all standards, rules and regulations of government entity having jurisdiction
over such antennas, including, without limitation, the Federal Communications
Commission. A certificate of conformance with the aforesaid standards
by the manufacturer's professional personnel, or such other professional
as may be deemed appropriate by the Building Inspector, shall be submitted
to the Building Inspector as a condition of the issuance of the permit
required by this section.
G. Location and size. No satellite antenna exceeding 18 inches in diameter,
including its mount, shall be built, erected or modified until a building
permit is issued by the Building Inspector.
(1)
No satellite antenna may be placed in the front yard of any
lot.
(2)
A satellite antenna may be placed on a lot only in the rear
yard; provided, however, that, on a clear and convincing showing that
a reasonably satisfactory signal cannot be obtained from a rear yard
location, the Building Inspector may permit the satellite antenna
to be located in the side yard. If such signal cannot be obtained
in either yard, the applicant can appeal to the Zoning Board of Appeals
and, upon a clear and convincing showing that a satisfactory signal
cannot be obtained in either yard, the Board shall permit the satellite
antenna to be located on the roof of any main or accessory building
on the lot.
(3)
The location of satellite antennas shall be regulated as accessory
structures and subject to zoning setback requirements. Supplemental
to the setback requirements are the following regulations:
(a)
Satellite antennas located in the rear yard shall be placed
where there is sufficient space within the building envelope within
the rear setback line and the rear building line of the principal
building and within the area between the linear planes extending into
the rear yard from side lines of the principal building.
(b)
Satellite antennas located in the side yard shall be placed
when there is sufficient space within the building envelope in the
area.
(c)
When there is not sufficient space within the building envelope,
the satellite may be placed within the setback areas upon approval
of the Building Inspector.
(4)
All roof-mounted antennas must be placed in the rear of the
roof, and those extending more than three feet above the ridgeline
of the roof on which the satellite antenna is placed, shall be concealed
from ground level view.
(5)
No ground-mounted satellite antenna shall be higher than 12
feet. Upon a clear and convincing showing that a satisfactory signal
cannot be obtained at 12 feet, the Zoning Board of Appeals may permit
the antenna height to be increased to a height sufficient to receive
a signal.
(6)
All ground-mounted satellite antennas shall be screened by landscaping
from ground level view of persons on streets and surrounding lots.
Said screening is not required to be so complete that it interferes
with the reception of the antenna.
(7)
The installation of a satellite antenna on a flat roof is permitted
in the LI, LO, LIO, OP, CS and CC Districts and on all public and
private schools and municipal buildings, provided that such roof installations
higher than three feet above the roof line shall be concealed from
public view.
(8)
No satellite antenna erected or maintained within the Town of
Orangetown shall exceed, in any dimension, 12 feet in height, width
or depth. All measurements of height shall be taken from the base
at ground level. All measurements shall include all attachments, supports,
guy wires and other equipment attached to or being a part of the satellite
antenna. No part of the satellite antenna (except for footings or
foundations or buried wire) shall be located below ground level.
[Amended 3-10-1997 by L.L. No. 4-1997]
(9)
It is the express intent of this section not to apply to satellite
antennas of 18 inches in diameter or less, which antennas may be roof-mounted
without application to the Building Inspector and which are exempt
from the regulations of this section.
H. General regulations.
(1)
The color of any satellite antennas must be neutral and bear
no advertisement, emblem or information other than the name of the
manufacturer in letters not to exceed two inches in height.
(2)
There shall not be more than one satellite antenna per lot.
(3)
All satellite antennas shall be grounded against direct lightning
strike and shall be erected in a secure, wind-resistant manner.
(4)
All wiring necessary for the use of the satellite antenna between
any ground-mounted antenna and a building or between the building
on which the antenna is located and any other building on the lot
shall be buried underground.
(5)
Each ground-mounted satellite antenna shall be enclosed with
wooden or wire mesh fence having a height of six feet in order to
prevent unauthorized persons from gaining access to the antenna. The
fence required hereby may be constructed on the perimeter of the property,
but the requirements for landscaping to screen the antenna set forth
in this section shall remain in effect, even if the fence is at or
near the perimeter of the property rather than in closer proximity
to and surrounding the antenna and mount.
I. Variances. Applications for variances from the terms of this section
may be presented to the Zoning Board of Appeals of the Town of Orangetown
by utilizing the same procedures and under the same terms and conditions
as are set forth for variance applications under the Town Law of the
State of New York and the rules and regulations of the Orangetown
Code.
J. Inspections; violations and penalties.
(1)
The Building Inspector is empowered to inspect and reinspect
erected or installed satellite antennas. Whenever it shall appear
to the Building Inspector that any satellite antenna has been constructed
or erected or is being maintained in violation of any terms of this
chapter or is unsafe and insecure or has been allowed to deteriorate
in appearance and/or maintenance or is in such condition as to be
a menace to the safety of the public, he shall thereupon issue or
cause to be issued a notice, in writing, to the owner, if the whereabouts
of such owner is known, informing such person of the violation of
this section or of the dangerous condition of such satellite antenna
and directing him to make such alteration or repair thereto or to
do such things or acts as are necessary or advisable to place such
structure in a safe, substantial and secure condition and to make
the same comply with the requirements of this section and chapter
within such reasonable time as shall be stated in such notice. Upon
failure to comply with such notice within the specified time, the
Building Inspector may cause such satellite antenna or such part thereof
as is constructed or maintained in violation of this section to be
removed and may charge the expense of such removal to the person so
notified; provided, however, that nothing herein contained shall prevent
the Building Inspector from adopting such precautionary measures as
may be necessary or advisable in case of imminent danger to the public
or to adjoining property to place such satellite antenna in a safe
condition, the expense of which shall be paid by the owner.
(2)
No person, firm or corporation shall erect or maintain a satellite
antenna except in compliance with provisions of this section.
(3)
The fines and penalties for a violation of this section shall be in accordance with the Orangetown Zoning Code §
10.6, Penalties for violations.
K. Effect on existing structures. Subject to the provisions of this
section, any approved satellite antenna now existing in the Town is
hereby declared to be a legal nonconforming structure; provided, however,
that any such legal nonconforming structure which is not screened
as provided for in this chapter shall be brought into compliance with
the screening provisions of this section.
L. Removal. Every person, corporation, partnership or other entity maintaining
a satellite antenna shall, upon vacating the premises where the satellite
is maintained, forthwith remove such satellite antenna.
[Added 5-12-1997 by L.L. No. 8-1997]
A. Legislative intent.
(1)
The purpose of this section is to provide the Town of Orangetown
with the authority to regulate utility infrastructure for the provision
of wireless communication facilities within the Town, to encourage
the siting of wireless communication facilities in nonresidential
areas and on existing structures, to address the safety, visual and
aesthetic aspects of wireless communication facilities and to provide
for public input in the process of siting wireless communication antenna
towers.
(2)
The Town Board finds the regulation of wireless communication
facilities is necessary: to protect the predominantly suburban residential
character of the Town and the property values of the community; to
protect schools, parks, churches, playgrounds and historical sites
and structures; to preserve scenic areas; to minimize aesthetic impacts;
to preserve the health and safety of residents; and to recognize the
need of wireless communication service providers to relay signals
without electronic interference from other service providers' operations,
while not unreasonably limiting competition among them.
(3)
The Town Board declares that the protection of residential areas
of the Town to be of paramount importance and that any local regulations
of wireless communication facilities must furnish all possible protection
for residential areas, and further declares that the provisions of
this section are to be interpreted to favor protections of residential
areas. The Planning Board shall, before issuing a special permit for
a wireless communication facility in a residentially zoned area, satisfy
itself that all other alternatives have been exhausted.
(4)
In general, consolidations, shared use and co-location of antenna
and antenna-mounting structures is preferred to the construction of
new facilities.
B. Statutory authority and jurisdiction.
(1)
This section is hereby enacted pursuant to the provisions of §
10 of the Municipal Home Rule Law.
(2)
The authority to issue special permits as provided in this section
is hereby delegated by the Town Board to the Planning Board of the
Town of Orangetown.
(3)
Reference herein to the several zoning districts are references to such districts as described in Chapter
43 of the Orangetown Code.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ANSI
American National Standards Institute.
ANTENNA
A system of electoral conductors for radiating or receiving
radio waves.
ANTENNA, WIRELESS COMMUNICATION
Any device, including the supporting structure and all related
appurtenances, used for the transmission and reception of radio waves
as part of wireless two-way communications.
CO-LOCATION
The mounting of wireless communication antennae used by two
or more providers on the same antenna support structure, monopole
or antenna tower.
FCC
Federal Communications Commission.
FREQUENCY
The number of sinusoidal cycles made by electromagnetic radiation
in one second; usually expressed in units of hertz (HZ).
HISTORIC SITES AND STRUCTURES
Any site designated by municipal, county, state or federal
agencies as having significance as a historic site or structure.
NIER (NONIONIZING ELECTROMAGNETIC RADIATION)
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
SCENIC AREAS
Any area with a defined boundary and designated by municipal,
county, state or federal agencies as having scenic significance.
WIRELESS COMMUNICATION FACILITIES
Any facility for the receiving or transmitting of wireless
signals for commercial purposes, such as cellular telephone services,
personal communications services (PCS), fleet communications systems
and similar commercial facilities, whether operated in support of
another business activity or available for the transmission of signals
on a sale or rental basis. As used herein the term shall include necessary
equipment buildings, including footings or foundations, as well as
towers, monopoles, rooftops and any tower to be installed either upon
or to extend the height of any existing tower.
D. Procedure; fee.
[Amended 11-28-2017 by L.L. No. 11-2017]
(1)
All proposals to erect or operate wireless communication facilities
shall be accompanied by a facility service plan which shall include
information necessary to allow the Planning Board to understand the
existing, proposed and long-range plans of the applicant. The facility
service plan shall include at least the following information:
(a)
The location, height and operations characteristics of all existing
facilities of the applicant in and immediately adjacent to the Town.
(b) A visual depiction and narrative description of the proposed facilities,
which ensures, to the extent possible, that the facilities blend into,
or are otherwise screened by, surrounding or adjacent structures.
(c)
A commitment to co-locate or allow co-location wherever possible
on all existing and proposed facilities.
(2)
All proposed antennas and antenna towers are subject to the
issuance of a special permit by the Planning Board after review and
approval by the Architecture and Community Appearance Board of Review.
(3)
The applicant shall provide funds to an escrow account to allow
the Building Inspector or the Planning Board to retain such technical
experts involving radio frequency as may be necessary to review the
proposal, provided that no funds shall be deposited until a scope
of work is agreed upon among the applicant, the expert and the Board.
(4)
The Planning Board is hereby authorized to issue a special permit
under the provisions of this article subject to all of the special
requirements and conditions herein and any requirements which may
be made a part hereof.
(5)
Application to the Planning Board for a special permit under
this article shall be accompanied by a fee of $250.
(6)
Prior to or concurrent with the filing of a formal application
to the Planning Board to obtain a special permit under this article,
the applicant shall submit information needed to meet the requirements
of the New York State Environmental Quality Review Act (SEQRA) to
the Planning Board, which Board shall determine whether the requirements
of SEQRA have been met. The Planning Board may hold a public hearing
under the provisions of SEQRA and this article whenever practicable.
In the event that a final SEQRA determination has not been made, no
application for a special permit under this article shall be granted.
(7)
The Planning Board shall hold a public hearing on due notice
within 62 days after submission of a formal completed application,
including such technical information from the applicant as may be
required by the Planning Board for a special permit under the provisions
of this article.
(a)
Notice of the public hearing shall be by publication in the
official newspaper of the Town at least 10 days in advance of the
hearing and may be continued from time to time to specific adjourned
date.
(b)
The hearing notice shall indicate that the application may be
examined and further information is available from the Planning Board
office during regular business hours.
(c)
Copies of the publication order shall be mailed by the applicant
to the owners of property within 500 feet of the property which is
the subject of the application, and an affidavit of service thereof
shall be filed with the Planning Board due on or before the date of
the hearing. Failure of any addressee to receive such notice shall
not in any manner affect the jurisdiction of the Planning Board or
any action taken on the application.
(d)
The Planning Board may approve, approve with conditions or disapprove
the application for a special permit under the provisions of this
section within 62 days after a public hearing.
(e)
The decision shall be made at a meeting of the Planning Board
with a quorum present and not less than a majority of the total membership
voting "aye" on the resolution as a requirement for passage.
(f)
A supermajority vote of the Planning Board will be required
for any approval of an application for a special permit to erect or
operate a wireless communications facility in any residentially zoned
park lands. A supermajority is 50% of the constituency of the Board
plus one additional vote.
(g)
The period in which the Board may take action may be extended
with the consent of the applicant.
E. Information required for wireless communication antennas. For all
proposed wireless communication antennas the following information
shall be provided:
(1)
Name and address of the property owner and the applicant;
(2)
Address, lot and block and/or parcel number of the property;
(3)
Zoning District in which the property is situate;
(4)
Name and address of person preparing the plan;
(5)
Size of the property and the location of all lot lines;
(6)
Approximate location of nearest residential structure;
(7)
Approximate location of nearest occupied structure;
(8)
Location of all structures on the property which is the subject
of the application;
(9)
Location, size and height of all proposed and existing antennas
and all appurtenant structures on the property;
(10)
Type, size and location of all proposed landscaping;
(11)
A report by a New York State licensed professional engineer,
documenting compliance with applicable structural standards and describing
the general structural capacity of any proposed installation;
(12)
A description of the proposed antennas and all related fixtures,
structures, appurtenances and apparatus, including height above grade,
materials, color and lighting;
(13)
A description of the antenna's function and purpose;
(14)
The make, model and manufacturer of the antenna;
(15)
The frequency, modulation and class of service;
(16)
Transmission and maximum effective radiated power;
(17)
Direction of maximum lobes and associated radiation and compliance
with FCC regulations;
(18)
If the name or address of the owner or operator of the antenna
facility is changed, the Building Department of the Town of Orangetown
shall be notified of the change within 90 days;
(19)
Within 90 days of operating any transmitting antenna, the owner
or operator shall submit to the Building Inspector a written certification
by a New York State licensed professional engineer (for monopole or
tower installations) that the antenna complies with the Town of Orangetown
Code and all other applicable governmental regulations;
(20)
Consent to allow additional antennas (for purposes of co-locating)
on any new antenna towers, if feasible.
NOTE: Items E(12) through E(17) shall be included in a report
prepared by a radio frequency engineer, health physicist or other
qualified professional.
|
F. Requirements applicable to all wireless communication antennas. For
all proposed wireless communication antennas the following requirements
are applicable:
(1)
For proposed sites within 100 feet of other sources of RF energy,
emanating from other wireless communication facilities, the applicant
shall provide an estimate of the maximum total exposure from all nearby
stationary sources and comparison with relevant standards. This assessment
shall include individual and ambient levels of exposure. It shall
not include residentially based facilities such as cordless telephones.
(2)
All obsolete or unused wireless communication antennas (including
tower supports) shall be removed within 60 days of cessation of operations
at the site. The Town may remove such facilities after 60 days and
treat the cost as a tax lien on the property.
(3)
All wireless communications facilities shall be identified with
signs not to exceed six square feet, listing the owner or operator's
name and emergency telephone number, and shall be posted in a conspicuous
place.
(4)
New wireless communications facilities may not be sited within
500 feet of any existing wireless communication antenna.
(5)
No source of NIER, including facilities operational before the
effective date of this section, shall exceed the federal or state
NIER emission standard.
(6)
New antennas and supporting towers shall be designed to accommodate
additional antennas for purposes of co-locating.
G. Antenna locations where public exposure is likely. For roof-mounted,
co-located or other situations wherein a special permit is required
hereunder, the application shall include:
(1)
An assessment of potential public exposure to radio frequency
(RF) energy from the proposed facility indicating the facility's compliance
with applicable federal or state standards. The applicant shall identify
the maximum exposure level, the locations at which this occurs and
the estimated RF levels at specific locations of community interest,
such as schools, residences or commercial buildings. Assumptions used
in the calculations shall be stated, including building heights and
topography.
(2)
A multiple source exposure impact assessment shall be prepared
if the wireless communication facility is to be situated on the same
site as existing facilities, such as a tower or roof.
(3)
Evidence that the maximum exposure to the general public will
not exceed federal or state standards.
(4)
An identification of rooftop areas to which the public may have
access. The exposure in these areas shall be in compliance with the
standards established by any federal or state agencies.
(5)
An identification of how much of the roof, if any, should be
designated a "controlled environment" due to RF field levels in accordance
with the applicable federal or state standard.
(6)
Notification to the building management if any portion of the
roof needs to be identified as a "controlled environment" due to RF
levels in excess of the guidelines in the applicable federal or state
standards.
H. Requirements applicable to roof-mounted antennas.
(1)
Antennas shall not be placed more than 15 feet higher than the
height limitation for buildings and structures within the zoning district
in which the antenna is proposed to be erected.
(2)
Antennas may be set back from the outer edge of the roof a distance
equal to or greater than 10% of the rooftop length and width, or such
antennas may be attached directly to the roof parapet wall, whichever,
in the Planning Board's opinion, will have the minimal visual impact
while achieving signal coverage requirements.
(3)
If the Planning Board requests, antennas shall be the same color
as the predominant color of the exterior of the top floor or parapet
of the building except to the extent required by law.
I. Requirements applicable to new wireless communication towers.
(1)
The applicant shall demonstrate to the Planning Board that no
tower exists on which the antenna may co-locate; or co-location is
not feasible for any of the following reasons:
(a)
The applicant has been unable to come to a reasonable agreement
to co-locate on another tower. The names and addresses of other service
providers approached shall be provided, accompanied by a written statement
as to the reason an agreement could not be reached.
(b)
The applicant's network of antenna locations is not adequate
to properly serve its customers, and the use of facilities of other
entities is not suitable for physical reasons.
(c)
Adequate and reliable service cannot be provided from existing
sites in a financially and technologically feasible manner consistent
with the service providers system requirements.
(d)
Existing sites cannot accommodate the proposed antenna due to
structural or other engineering limitations (e.g. frequency incompatibilities).
(2)
Any application for the approval of a special permit for a wireless
communication facility shall include a report by a qualified radio
frequency engineer, health physicist or other qualified professional
as determined by the Planning Board which calculates the maximum amount
of nonionizing electromagnetic radiation (NIER) which will be emitted
from the proposed wireless communication facility upon its installation
and demonstrates that the facility will comply with the applicable
federal or state standards.
J. NIER measurements and calculations. All applicants for wireless communication
antennae in any district shall submit calculations of the estimated
NIER output of the antenna(e). For roof-mounted, wall-mounted, co-located
or water-tank-mounted antennas not requiring a special permit, the
calculations shall be provided to the Building Inspector prior to
the issuance of a permit. For antenna applications requiring a special
permit, the calculations shall be provided to the Planning Board at
the time of making the application for special permit. NIER levels
shall be measured and calculated as follows:
(1)
Measuring equipment used shall be generally recognized by the
Environmental Protection Agency (EPA), National Council on Radiation
Protection and Measurement (NCRPM), American National Standards Institute
(ANSI) or National Bureau of Standards (NBS) as suitable for measuring
NIER at frequencies and power levels of the proposed and existing
sources of NIER.
(2)
Measuring equipment shall be calibrated as recommended by the
manufacturer in accordance with methods used by the NBS and ANSI,
whichever has the most current standard.
(3)
The effect of contributing individual sources of NIER within
the frequency range of a broadband measuring instrument may be specified
by separate measurement of these sources using a narrowband measuring
instrument.
(4)
NIER measurements shall be taken based on maximum equipment
output. NIER measurements shall be taken or calculated when and where
NIER levels are expected to be highest due to operating and environmental
conditions.
(5)
NIER measurements shall be taken or calculated along the property
lines at an elevation six feet above grade at such locations where
NIER levels are expected to be highest and at the closest occupied
structure.
(6)
NIER measurements shall be taken or calculated following spatial
averaging procedures generally recognized and used by experts in the
field of RF measurement or other procedures recognized by the FCC,
EPA, NCRPM, ANSI and NBS.
(7)
NIER calculations shall be consistent with the FCC, Office of
Science and Technology (OST) Bulletin 65 or other engineering practices
recognized by the EPA, NCRPM, ANSI, NBS or similarly qualified organization.
(8)
Measurements and calculations shall be certified by a New York
State licensed professional engineer, health physicist or a radio
frequency engineer. The measurements and calculations shall be accompanied
by an explanation of the protocol, methods and assumptions used.
K. NIER monitoring and enforcement.
(1)
The owner and/or operator of the antenna shall perform a NIER
level reading as set forth above and shall submit the results of the
test to the Orangetown Building Department within 90 days of initially
operating the antenna system and annually thereafter. The owner or
operator shall provide a report from a qualified professional who
shall certify, under penalties of perjury, that the installation does
not expose the general public to NIER standards in excess of those
of any federal or state agency regulating RF energy.
(2)
The Town may measure NIER levels as necessary to ensure that
the federal or state standards are not exceeded.
(3)
If the standards of any federal or state agency are exceeded
at the location of a proposed transmitting antenna, the proposed facility
shall not be permitted.
L. Bulk regulations and height.
(1)
In residential districts all wireless communication facilities
shall comply with yard requirements of the zoning ordinance for principal
buildings. No wireless communication facilities may be located between
the principal structure and the street.
(2)
In nonresidential districts wireless communication facilities
may be in side or rear yards as established in the zoning ordinance
as acceptable to the Planning Board, but not in buffers shown on an
approved site plan or in a conservation or similar easement. No wireless
communication facilities may be located between the principal structure
and the street.
(3)
In residential districts wireless communication facilities shall not exceed 50 feet in height unless the requirements of Subsection
L(4) below are met. In nonresidential districts wireless communication facilities shall not exceed 100 feet in height unless the requirements of Subsection
L(4) below are met. These height requirements shall supersede those of the zoning ordinance.
(4)
In the event that applicants propose a height greater than that listed in Subsection
L(3) above, the applicant must demonstrate to the satisfaction of the Planning Board that:
(a)
Alternative means of mounting the antenna have been considered
and are not feasible for the applicant;
(b)
The proposed height is the minimum height necessary for adequate
operation to meet the applicants' communication needs and the aesthetic
intrusion has been minimized to the greatest extent practicable;
(c)
The proposed height does not exceed 75 feet in residential districts
and 150 feet in nonresidential districts;
(d)
The site or building on which the facility is proposed to be
installed does not become nonconforming or increase in nonconformity
by reason of the installation of wireless communication facilities.
This includes but is not limited to yard, buffer, height, floor area
ratio for equipment buildings, parking, open space and other requirements.
Height requirements of the zoning ordinance shall apply to buildings
and equipment shelters.
(5)
Notwithstanding anything stated herein, the Planning Board shall
be permitted to increase the height of any tower beyond any limitations
set forth herein in order to accommodate additional users. In reviewing
a request for greater height, the Planning Board shall balance the
effect of a greater height against the provision of one or more additional
towers, co-locating or other alternatives.
(6)
In residential districts wireless communication towers and monopoles
shall be separated from residential buildings on adjacent or abutting
properties for a distance by not less than two times the height of
the tower or monopole. This provision shall apply to the proposed
use for wireless communication facilities of towers or monopoles existing
at the time of adoption of this article.
M. Visual impact.
(1)
For all new wireless communication towers, the applicant shall
provide to the Planning Board and Architecture and Community Appearance
Board of Review graphic information that accurately portrays the visual
impact of the proposed tower from various vantage points selected
by the Planning Board, such as but not limited to parks, designated
historic sites or districts or designated scenic areas. This graphic
information may be provided in the form of photographs or computer-generated
images with the tower superimposed, as may be required by the Planning
Board.
(2)
For all buildings or equipment shelters to be located in a residential
zoning district, the equipment shelter shall be treated in an architectural
manner compatible with the homes in the vicinity.
N. Landscaping requirements. For any new wireless communication towers,
landscaping shall be provided as follows:
(1)
In determining the most appropriate landscaping to be provided,
the Planning Board and the Architecture and Community Appearance Board
of Review shall consider the visual impact of the proposed facility
in its setting with regard to immediate proximity of observers and
the sight lines from major viewing points.
(2)
The area surrounding the installation shall be landscaped and
maintained with trees, shrubs and ground cover to maximize screening.
(3)
Any buildings or other equipment shelters associated with the
antenna facility shall be landscaped with evergreen trees or shrubs
of sufficient size and density to screen, in whole or part, and effectively
mitigate the appearance of the structures and buildings. Any antenna
facility requiring a tower or pole shall plant trees around the facility
of a minimum height of 10 feet at planting that will, over time, reduce
the visual impact from the tower or pole.
(4)
When a security fence is required, the outside of such fencing
shall be landscaped with evergreen shrubs, trees or climbing evergreen
material on the fencing or may contain wooden slats woven into the
fence so as to mitigate and minimize the industrial character of the
fence.
(5)
An existing natural vegetative buffer which meets or exceeds
the above requirements may be substituted to meet the landscape requirements
set forth above.
O. Color and lighting standards. Except as specifically required by
the Federal Aviation Administration (FAA) or the FCC, antennas, including
the supporting structure and all related appurtenances, shall:
(1)
Be colored to reduce the visual impact to the greatest degree
possible;
(2)
Not be illuminated, except buildings may use lighting required
by the New York State Fire Prevention and Building Code or when required
for security reasons. When lighting is used, it shall be compatible
with the surrounding neighborhood to the greatest degree practicable.
P. Fencing and NIER warning signs. The area surrounding the facility
shall:
(1)
Be fenced or otherwise secured in a manner which prevents unauthorized
access by the general public.
(2)
Contain appropriate signage to warn of areas of the site where:
(a)
NIER standards are exceeded; and
(b)
High risks for shocks or burns exists.
(3)
For wall mounted antenna, the signage shall be placed no more
than five feet off the ground below the antenna.
(4)
For antenna mounted on the roof, the signage shall be placed
on all doors which provide access to said roof. The signage shall
be placed no more than five feet off the ground.
Q. NIER exposure standards. No antenna or combination of antennas shall
expose the general public to NIER levels exceeding the standard of
any federal or state agencies having jurisdiction. In addition, no
antenna facility shall emit radiation such that the general public
will be exposed to shock and burn in excess of the standards contained
in ANSI C-95.1.
R. Registration. The Building Department shall keep a list of the names,
addresses, type and maximum emissions of all antenna operators in
the Town. This list shall be maintained from applications to the Planning
Board and Building Department and from FCC or similar inventories
of facilities in the Town. If the name or address of the owner or
operator of the antenna facility is changed, the Building Department
shall be notified of the change within 30 days.
S. Performance standards for new antennas. New antennas must comply
with the following performance standard that the estimated or measured
NIER from a proposed antenna, when added to existing radio frequency
electromagnetic radiation from existing sources, will not exceed the
guidelines set forth in the applicable federal and state standards.
T. Planning Board findings. The Planning Board shall make written findings
that the issuance of a special permit is in compliance with all of
the requirements of this chapter.
U. Expiration; issuance of certificate of use.
(1)
The special permit shall be issued to the user and shall expire
upon the termination of the use.
(2)
The Building Inspector shall require issuance of a revised or
new special permit prior to the issuance of a building permit use
where the proposal requires a special permit.
(3)
The applicant shall provide a report to the Building Inspector
prepared by a New York State licensed professional engineer certifying
that any monopole or tower has been constructed in accordance with
the plans approved by the Building Inspector.
V. Existing installations. The operator of any wireless communication
facility existing at the time that this section takes effect shall
be permitted to remain in operation, provided that the operator submits
proof within six months of the enactment of this section that the
facility complies with the standards adopted by the Federal Communications
Commission and all requirements of this section, as certified by a
professional engineer with qualifications acceptable to the Town of
Orangetown. Operating antennas or towers that are legally nonconforming
with respect to area regulations of this section shall be permitted
to remain until such time as a request is made to modify the antenna
or tower. Any facility for which emission, structural and security
compliance documentation is not received shall cease operations within
six months of the enactment of this section and be immediately removed
thereafter in accordance with the provisions of this section. Any
facility (antenna or tower) in a residential zoning district which
is not operating as of May 1, 1997, shall be considered to be nonconforming
and shall be removed within six months of the enactment of this section.
W. Exclusion and exemptions.
(1)
The Town of Orangetown as a municipality shall be exempt from
the provision of this section and may operate a wireless communication
facility or permit the operation of a wireless communication facility
on nonresidentially zoned Town property without obtaining a permit
and without being subject to the conditions set forth in this section.
(2)
This section acknowledges the interest of the Federal Communications
Commission in promoting amateur radio operations as expressed in FCC
Order PRB-1 by imposing the minimum practicable regulation on amateur
radio antennas necessary to accomplish the Town's legitimate zoning
purposes.
X. Invalidity. Should any section, paragraph, sentence, clause, word
or provision of this article be declared void, invalid or unenforceable,
for any reason, such decision shall not affect the remaining provisions
of this article.
Y. Inconsistency. Pursuant to New York Municipal Home Rule Law §
22, the provisions of this section are intended to supersede any inconsistent provision of law.
[Added 4-8-2014 by L.L. No. 2-2014]
A. Individual fitness and training center is a conditional use in the LIO Zoning District, subject to the Table of Bulk Regulations, Chapter
43 § 3.12 (Use Group QQ), and the general conditions and standards set forth at Chapter
43, §
8.1, and the specific standards and conditions set forth herein.
B. "Individual fitness and training center," for purposes of this conditional
use, is defined as a facility at which training and instruction is
provided, either in an individual or group setting, for general physical
fitness or for a specific sports skill in a fully supervised environment.
The use does not include unsupervised exercise, such as provided in
a physical fitness studio.
C. In addition, the following specific standards and criteria shall
apply:
(1)
Noise. A public address system and/or other amplified noise shall be prohibited in connection with any outdoor use. The prohibition of amplified noise/sound shall be in addition to, not in replacement of, the Town's Noise Law found at Chapter
22.
(2)
Lighting. If outdoor lighting is provided for the outdoor area
of the fitness and training use (other than for parking and security),
such lighting shall be turned off no later than 10:00 p.m. and shall
otherwise be subject to footcandle and other such reasonable regulations
as may be imposed by the Planning Board based on the proximity of
the facility to adjacent properties. In addition, the applicable minimum
required setback for the outdoor fitness area shall be double that
otherwise required along the boundary line with any residential property.
(3)
Access. Parcels approved for this conditional use shall have
direct access from an improved state or county road.
(4)
Parking. All parking areas and surfaces shall be paved, unless
otherwise waived by the Planning Board. Minimum off-street parking
for the individual fitness and training use shall be one space for
each 300 square feet of gross floor area.
(5)
Other requirements. In addition to the special standards described
above and the general standards for conditional uses as set forth
herein, and as may be amended, the Planning Board may establish, as
a condition of approval of such use, any other additional standards,
conditions and requirements, relating to time, place and manner, including
a limitation on hours of operation, as it may deem necessary or appropriate
to promote the public health and welfare and to otherwise implement
the intent of this section.
[Added 5-23-2017 by L.L.
No. 6-2017]
A. Attached veteran housing, as defined at §
11.2 hereof, shall be permitted as a conditional use in the R-15 zoning district.
B. Such
housing shall be subject to the Table of General Bulk Regulations,
43 Attachment 13, Use Group N.
C. Such
housing shall be located on or along or in immediate proximity to
a state or county road readily accessible to public transportation
services.