Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents

§ 208-79 Special use permits.

A. 
Purposes and general provisions.
(1) 
The purpose of this article is to set forth the application procedure for consideration of special uses within individual zoning districts. These procedures apply to certain land uses and activities which, due to their particular characteristics or the nature of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter and their effect on the surrounding properties and community character.
(2) 
Special uses for each  district are set forth in Articles III through XI of this chapter.
(3) 
The special uses for which conformance to additional standards is required by this article are deemed by their inclusion within such zoning district to be permitted uses in their respective districts, subject to demonstration by the applicant of sufficient proof of the satisfaction of the requirements and standards set forth herein. All such uses are declared to possess characteristics of such a unique and special nature that each specific application shall be considered an individual case, and the granting of a special use permit for one special use in a zoning district shall be limited to its own facts and circumstances and shall have no precedential effect entitling or implying that a similar use would be capable of satisfying the requirements and standards set forth herein.
B. 
Administration by  Planning Board. The Planning Board is hereby authorized to administer and carry out the intent established in this article.
C. 
Application procedures prior to Board review.
(1) 
An application for a special use permit shall be made by the applicant to the Building Inspector. It shall be the duty of the Building Inspector to determine if the special use is permitted in the zone in which the use is proposed to be located. In the event that the Building Inspector determines that the use is permitted, the application for a special use permit shall be forwarded to the Planning Board as set forth hereinbelow.
(2) 
The Planning Board shall review such applications for special use permits  as set forth in § 208-79D below.
D. 
Application procedures to  Planning Board.
(1) 
Upon receipt of the application for a special use permit, the  Planning Board shall hold a public hearing after public notice and in accordance with § 208-109E of this chapter.   Unless otherwise extended by mutual consent of the  Planning Board and the applicant, the  Planning Board shall act upon the application within 62 days from the date of the public hearing. In the event that a determination is not made by the  Planning Board within said  sixty-two-day period, the application shall be deemed approved.
(2) 
At least seven days but not more than 20 days before the date of the hearing, the applicant shall mail a copy of legal notice of the hearing to all property owners of property within 500 feet of the applicant's parcel following the procedure contained in § 208-115F of this chapter.
(3) 
Prior to taking action on a special use permit application for properties which fall under § 239-m of the General Municipal Law, the Board shall make referrals to the county planning agency in accordance with §§ 239-l and 239-m of the General Municipal Law.
(4) 
Prior to granting any approvals relative to the proposed application, the appropriate lead agency shall undertake SEQRA review and determination in accordance with New York State Environmental Conservation Law and 6 NYCRR Part 617.
(5) 
As a condition of approval of a special use permit, the Planning Board may require a performance bond, client fund account, or letter of credit to guarantee satisfactory performance of the required improvements. Such security shall be part of or in addition to any required by the Planning Board as part of a site plan review application.
(6) 
The Planning Board shall attach such conditions and safeguards to the special use permit as are determined by the Planning Board to be necessary or desirable to ensure conformance with the letter and spirit of all applicable standards and requirements and to protect the public health, safety and general welfare. The Planning Board may require any off-site, off-premises improvements that might be necessary to mitigate the impacts of the proposal.
(7) 
Fees. See § 103-16 for fees associated with a special use permit.
E. 
Standards for special use permits.
(1) 
Before granting approval to any special use, the Planning Board shall determine whether the proposed special use will, among other things, satisfy the following considerations:
(a) 
That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.
(b) 
That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located.
(c) 
That the public health, safety, general welfare or order of the Town will not be adversely affected by the proposed use in its location.
(d) 
That the use will be in harmony with and promote the general purposes and intent of the  Comprehensive Plan and this chapter.
(e) 
That the character of the existing uses and approved future development in the district will not be adversely affected by the location of the proposed special use in the proposed location.
(f) 
The conservation of property values in the vicinity of the proposed specially permitted use and the encouragement of the most appropriate use of land.
(g) 
The effect that the location of the proposed use may have on the increase of vehicular traffic congestion on public streets and highways.
(h) 
That the proposed site provides adequate parking facilities to protect against hazardous traffic and/or parking conditions.
(i) 
The availability of adequate and proper public or private facilities for water and for the treatment, removal or discharge of sewage, refuse or effluent (whether liquid, solid, gaseous or otherwise) that may be caused by or as a result of the proposed use.
(j) 
Whether the use or materials incidental thereto or produced may give off obnoxious odors, smoke or soot or will cause disturbing emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and general welfare.
(k) 
Whether operations of the special use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other governmental agencies.
(2) 
Additional standards applicable to electrical substations in residential zones. No special use permit shall be granted for an electrical substation in any residential district or Business District B-3 unless the  Planning Board shall conduct a public hearing at a regularly scheduled Town Board meeting.
(3) 
Solar arrays: ground- or pole-mounted solar arrays.
[Added 3-21-2011 by L.L. No. 9-2011]
(a) 
Factors to be considered by the Planning Board in determining the siting requirements for solar installations under this section:
[1] 
The setbacks proposed and available in relation to other applicable setbacks for the zone within which the installation is proposed.
[2] 
The proposed height, width and dimensions of the installation and housing structures, and whether the proposed installation is compatible with adjacent uses in terms of scale, siting, design, lighting and noise generation.
[3] 
The maximum surface area of the proposed installation in relation to the available lot size for the host parcel.
[4] 
Energy load of the primary residence or buildings to be powered by the installation.
(b) 
Additional design standards for ground- and pole-mounted solar arrays:
[1] 
All installations shall be screened with an appropriate combination of natural vegetative buffer, landscaping, or other such screening as the Planning Board shall determine, and installations shall be sited so as to minimize significant adverse visual and/ or auditory impacts.
[2] 
The Planning Board may require visual simulations sufficient to determine potential visual impacts during the review process, as well as other information and reasonably necessary in the Board’s discretion.
(c) 
The Planning Director may waive the requirement for a special use permit in all residential zones for a ground- or pole-mounted solar array of less than 325 square feet cumulative panel area, upon good cause shown, and upon such terms and conditions as he or she shall determine.
(4) 
Additional standards for review for applications for permanent farm labor housing pursuant to § 208-16D.
[Added 5-2-2011 by L.L. No. 11-2011]
(a) 
Permanent farm labor housing as defined in this section may be allowed under the following circumstances and conditions:
[1] 
Only by special use permit issued by the Planning Board. The Planning Board will determine the nature of site plan review to be required based upon the number of units, size and complexity of the housing to be provided.
(b) 
Farm labor housing units that cease to be used as such for a period of 2 1/2 years shall be removed, subdivided from the farm property, or converted to an appropriate farm use on application to the Planning Board by the Code Enforcement Office.
F. 
Revocation of permit: enforcement.
(1) 
A use authorized by special use permit may be revoked by the Planning Board if it is found and determined, after a public hearing, that there has been a material failure of compliance with any one or more of the terms, conditions, limitations or requirements imposed by said permit.
(2) 
All special use permits shall be subject to the provisions of Article XV of this chapter.
G. 
Modifications and additions to special uses.
(1) 
An amendment or modification to an existing special use is any change in the size or configuration of the structures or appurtenances associated with the facilities constituting the special use. A change in the nature of the use of the lot(s) in question is to be considered a proposed new special use of the affected lot(s) and will require an application for and consideration of a special use permit pursuant to § 208-79C.
(2) 
Any amendment or modification of an existing special use will be subject to site plan review by the Planning Board pursuant to Article XVI of this chapter. Application for a special use permit for the proposed amendment or modification will not be required.
(3) 
Subject to the foregoing, any amendment or modification will be limited to a twenty-five-percent expansion of the improved area subject to the special use. The amendment/modification must be consistent with the presently permitted special use.

§ 208-80 (Reserved)

§ 208-81 (Reserved)

§ 208-82 (Reserved)

§ 208-83 (Reserved)

§ 208-84 (Reserved)

§ 208-85 Stables and riding academies.

A. 
Applications for the use of stables and riding academies (both commercial and noncommercial) shall be subject to site plan review by the Planning Board. The minimum area for the commercial stabling of horses on any lot shall be 10 acres, and the maximum number of horses allowed shall be two horses per acre. There shall be no stabling of animals, storage or use of manure or other dust-producing substances or riding rings within a distance of 50 feet to any lot line, nor shall any public trail-riding business trail cross a public way, road, street or highway unless by approval of the Highway Superintendent, who may require the establishment of a safe crossing to include horse crossing signs. All outdoor lighting shall be so located and directed as not to directly illuminate any adjoining property, nor shall any beam of light cross the property line. Unless specifically decided otherwise by the Planning Board, screening shall be required between such use and any other nonagricultural use.
B. 
In passing upon any application for a stable or riding academy, the Planning Board shall consider the drainage, percolation and topography of the proposed site and its proximity to public or private water supplies.
C. 
Any stable or riding academy which becomes a nonconforming use by virtue of the adoption of this section shall, within six months from the effective date of this section, be required to apply dust palliative to all riding areas to the extent that the dust created by any activity does not become a health hazard or serious nuisance to any neighboring properties, as determined by the Building Inspector. If, after treatment has been administered, later weather conditions cause the area to become so dry that a health hazard or serious nuisance is being created, as determined by the Building Inspector, then all activities shall cease until these conditions are corrected either by nature or otherwise. Any failure to comply with the requirements of this section shall be deemed a violation and subject to the penalties as listed in § 208-111 of this chapter.

§ 208-86 Keyhole lots.

A. 
Keyhole lots may be permitted by the Planning Board only in Residential Districts R-1 and R-3 and only in rare instances when required due to unusual conditions of the area. Keyhole lots shall not be created for any use other than a single-family dwelling.
[Amended 10-16-2006 by L.L. No. 11-2006; 10-16-2006 by L.L. No. 14-2006]
B. 
Space and bulk standards for keyhole lots shall be the same as delineated in § 208-11 for the district in which they are located, except that all setbacks, whether front, side or back yards, shall be a minimum of 50 feet for the main building/structure. Setbacks for accessory structures shall be as required by § 208-12, Accessory buildings, for residential districts or as specifically noted in commercial districts.
[Amended 10-16-2006 by L.L. No. 11-2006]
C. 
The minimum width of the building line for a keyhole lot shall normally be measured parallel to the street line, unless determined otherwise by the Planning Board during subdivision approval.
D. 
All driveways to keyhole lots shall be constructed and maintained at a minimum of 16 feet wide and to meet the standards contained in § 73-19 of Chapter 73 of the Code of the Town of Clifton Park, i.e., "A driveway over 500 feet in length must be accessible and able to hold a fifty-thousand-pound, thirty-foot-long vehicle, as determined by a licensed engineer, with facilities for turning around to be available within 100 feet of any structure."
E. 
To ensure privacy for adjacent lots, a landscaped buffer shall be planted on the keyhole lot wherever deemed necessary by the Planning Board. The buffer shall contain sufficient planting materials as needed to screen the keyhole lot from other existing uses. This requirement may be waived by the Planning Board if topographic conditions or existing vegetation provide adequate screening.
F. 
Appropriate signage must be provided as indicated in the following note which will be placed on the final plat of any subdivision containing a keyhole lot:
"STANDARD NOTE FOR ADDRESS IDENTIFICATION. The street number of a dwelling situated on a keyhole lot shall be permanently and conspicuously displayed on a sign, with lettering no less than 3 inches nor greater than 8 inches in height, and placed no more than 25 feet from the road pavement. The sign shall be displayed for both directions of travel and be reflective. Identification markers must also be placed at any location where a common drive splits."

§ 208-87 Height exceptions.

Nothing herein contained shall be interpreted to limit or restrict the height of church spires, cupolas and domes not intended for human occupancy, public utility structures, monuments, commercial radio or television transmission towers, observation towers, belfries, clock towers, windmills, water tanks, elevator bulkheads, chimneys, flagpoles, stage towers, scenery lofts or similar structures.

§ 208-88 Fire escapes.

Nothing herein contained shall prevent the projection of an open, fireproof escape into a rear or side yard for a distance of up to eight feet.

§ 208-89 Shopping centers.

Upon the standards, conditions and procedures set forth in § 208-79, the Planning Board may authorize the issuance of a permit or permits for the construction of a shopping center for the conduct of retail business in any district  Such proposed shopping center shall conform to the following requirements:
A. 
Area. The minimum area shall be 10 acres.
B. 
Initial construction. Satisfactory assurance shall be given that initial construction will comprise not less than 50% of the planned total construction as measured in terms of bulk of the buildings proposed to be built.
C. 
Plan. The proposed development shall be in accordance with a unified site plan and architectural scheme. However, it shall not be required that the whole of the development be in a single ownership or built or financed by a single party if satisfactory evidence is shown that all parties who are financially or otherwise concerned in the development are legally bound to conform to the above-required unified site plan and architectural scheme.
D. 
Entrances upon streets and highways. All vehicular entrances and exits upon public roads shall be approved by the appropriate highway official.
E. 
Off-street parking. Based on the general guideline of five spaces per 1,000 square feet of gross floor space. the Planning Board shall determine the amount of automobile parking space to be provided as, in the opinion of the Planning Board, may be necessary to safeguard public health, comfort and convenience upon the following standards and conditions:
(1) 
The general character of the surrounding area and of the structure or structures and types of business.
(2) 
The professions to be carried on therein or other uses to which the structures are to be put.
F. 
Off-street loading and unloading space. Off-street loading and unloading space shall be provided, in addition to the space required by § 208-89E above.
G. 
Boundary treatment. No building shall be placed closer to any street line or to any other property line than 100 feet. No parking space shall extend nearer to any street line than the established building line or closer to any other property line than 50 feet, and the boundaries along all side and rear property lines abutting upon any residence district shall be appropriately landscaped and maintained by a border not less than 30 feet in width, measured inward from any such boundary line. For the side property lines, the landscaping shall commence at the front building line. For the rear property line, the landscaping shall run from side property line to side property line. Where the shopping center area is directly adjoined by land in any business or industrial district or by a railroad right-of-way, buildings may extend to within 30 feet of the property line, and any automobile parking space may extend to the property line.

§ 208-90 (Reserved)

§ 208-91 Septic systems.

Where a public sanitary sewer main is not available as defined by the New York State Uniform Fire Prevention and Building Code, other proper provisions approved by the Building Inspector shall be made for the disposal of sanitary waste. Individual septic systems may be permitted as indicated herein provided that they are designed by a New York State licensed professional engineer and conform to the requirements of the New York State Department of Health.

§ 208-92 Private swimming pools as accessory uses.

A private swimming pool installed or maintained as an accessory use in a residence district shall meet the following requirements:
A. 
It shall be used only as an accessory use to a dwelling or as an accessory use to a special permit use in a residence district for the private use of the owner or occupant of such dwelling or building or his or her family, guests or employees.
B. 
All swimming pools must have the required enclosure as specified in the New York State Uniform Fire Prevention and Building Code, and such enclosures shall be maintained as long as the pool exists.
C. 
All pools shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
D. 
All pools shall be equipped with an integral filtration system and filter pumps and may be equipped with other electrical or mechanical devices, including lighting and loudspeakers, all of which shall be so located and constructed or operated as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.
E. 
The Building Inspector may request a statement by a professional engineer, licensed by the State of New York, that provisions for the drainage of the swimming pool are adequate and will not interfere with the public water supply or existing sanitary facilities and that adequate ground fault circuitry will be installed as specified by the National Electrical Code.

§ 208-93 Public garages and automobile service stations.

A. 
No public garage or automobile service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances, across the street if the entrances are on opposite sides of the street and along the street frontage if both entrances are on the same side of the street or within the same square block. All vehicular entrances and exits upon public roads shall be approved by the appropriate highway official.
B. 
All gasoline storage tanks appurtenant to any automobile service station and the automobile service station shall be situated upon the same premises.
C. 
All  automobile service stations shall be so arranged and all gasoline pumps shall be so placed as to require all servicing on the premises and outside the public way, and no gasoline pump shall be placed closer to any property line than 50 feet.

§ 208-94 Recreation centers.

During all periods of time after sundown that the recreation center shall be open and conducting the business of a recreation center, the entire premises, including land area wherein the public is invited, shall be fully and adequately lighted so that no area shall be in darkness.

§ 208-95 Communications towers.

[Amended 12-9-1996 by L.L. No. 11-1996; 4-6-1998 by L.L. No. 2-1998; 2-4-2002 by L.L. No. 2002; 10-16-2006 by L.L. No. 14-2006; 8-6-2007 by L.L. No. 8-2007; 9-15-2008 by L.L. No. 5-2008]
A. 
Legislative intent. The Federal Telecommunications Act of 1996 ("the Federal Act") affirmed the authority of municipalities over decisions regarding the placement, construction, siting, operation and modification of wireless communications facilities subject to certain limitations enumerated in the Federal Act. Since its passage, the Town of Clifton Park has updated its Comprehensive Plan, and the Town has generated additional planning documents, including the open space plan of 2003, Western Clifton Park land conservation plan and GEIS, and has updated its zoning laws to reflect these changes. In order to ensure that the priorities expressed in those documents and the overall commitment to the Town's character and culture are preserved, and in order to ensure that the placement, construction and modification of communications towers, antennas and accessory communications structures conforms to the Town's purpose and intent of this section, the Planning Board is hereby authorized to grant special use permits for all new construction of communications towers and facilities within the Town of Clifton Park. The Planning Board is also authorized to grant approval for placement of antennas and accessory equipment pursuant to this article. The Town Board hereby adopts an overall policy with respect to a special use permit for communications towers, antennas and accessory communications structures for the express purpose of achieving the following goals:
(1) 
Implementing an application process for person(s) seeking a special use permit for new, co-located, or modified wireless facilities and communications towers, antennas and accessory communications structures.
(2) 
Establishing a policy for examining an application for and issuing a special use permit for communications towers, antennas and accessory communications structures that is both fair and consistent.
(3) 
Establishing reasonable time frames for granting or not granting a special use permit for communications towers, antennas and accessory communications structures or recertifying or not recertifying or revoking the special use permit granted under this article.
(4) 
Promoting and encouraging, wherever possible, the sharing and/or co-location of communications towers, antennas and accessory communications structures among service providers.
(5) 
Promoting and encouraging, wherever possible, the design and placement of communications towers, antennas and accessory communications structures, and to promote and encourage the design and utilization of alternative tower structures and stealth technology, in such a manner as to cause minimal disruption to aesthetic considerations of the land, lot, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such communications towers, antennas and accessory communications structures.
(6) 
Minimizing adverse visual and auditory effects from wireless communications facilities by requiring careful siting, visual and auditory impact assessment and appropriate screening and the maximum usage of noise-reduction technology.
(7) 
Incorporate and reference the general and environmental goals expressed in the Town's Master Plan, as well as subsequent Town planning documents, including the Town of Clifton Park open space plan, and Comprehensive Plan, as well as Western Clifton Park land conservation plan and FGEIS, and the Western Clifton Park rural design guidelines into the Telecommunications Act as an expression of the Town's desire to maintain, preserve and enhance the character of the Town and to protect the exceptional scenic, cultural, and historic resources of the community to the maximum extent consistent with the Federal Telecommunications Act of 1996 (the Federal Act).
(8) 
Based upon the Town's experience with the implementation of its five-hundred-foot buffer for communications equipment which was enacted by Local Law No. 2 of 2002, the Town Board finds and determines that that a buffer of at least 500 feet from the nearest residential property line for new communications towers represents an appropriate expression of Town policy by providing a minimum of assurance that the aesthetic character of residential neighborhoods within the Town be protected and so as to provide a minimum buffer between residential uses and communications uses. Therefore, Town policy prohibiting new communications towers, as defined in this article, within 500 feet of the property line of residential properties within the Town is restated and reinforced within this section. Any application seeking variance or relief from this prohibition shall be subject to strict scrutiny under the Federal Act as well as the State Environmental Quality Review Act (SEQRA).
(9) 
Providing a comprehensive framework for the review and consideration of applications for placement of communications equipment throughout the Town of Clifton Park that is consistent with the Town's character, aesthetic, cultural and historic resources, as well as legitimate need for wireless communications facilities as defined by the Federal Act.
B. 
Definitions. The following definitions shall apply to this article:
ACCESSORY COMMUNICATIONS STRUCTURE
Any accessory facility, structure or building serving or being used in conjunction with a communications tower or antenna. Examples of such structures include utility or transmission equipment storage sheds or cabinets.
ALTERNATIVE TOWER STRUCTURE
Clock towers, bell steeples, light poles and similar existing or new structures or other man-made structures which suitably camouflage or are designed to camouflage or conceal the presence of antennas and other wireless communications equipment without the necessity of constructing new freestanding communications towers.
ANTENNA
Any device or exterior apparatus mounted on a tower, building, utility pole, light pole or other structure, designed for telephonic, radio, data, Internet or television communications to transmit or receive communications signals or electromagnetic waves for the purpose of providing cellular services, telecommunications services, personal communications services, personal wireless services, wireless cable, commercial paging, data or wireless services, and its attendant base station.
COLOCATION
Arrangement or juxtaposition of multiple antennas and equipment of multiple users on a single communications tower, water tower, or other existing tall structure, or multiple communications towers on a single site.
COMMUNICATIONS TOWER
Any tower, pole, monopole or lattice tower or other freestanding structure that is proposed to be higher than the existing height restrictions within the applicable zoning district and is designed and constructed for the purpose of supporting one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, digital, telephone, wireless Internet, or other forms of electronic communications, including, without limit, freestanding towers, guyed towers, lattice towers, monopole towers, self-supporting towers or any other structure designed or proposed to attach, house, hold or support wireless communications facilities such as antennas or accessory equipment as that term is commonly known within the telecommunications industry. The term is intended to cover freestanding communications towers as currently known within the industry and includes the structure and any support elements, such as guy wires. Monopoles or extensions of existing utility poles or other poles for the purpose of supporting antennas or wireless Internet or other wireless communications facilities shall be considered "new tower construction" under this section.
EXISTING TALL STRUCTURE
Tall buildings, existing communications towers or silos capable of supporting communications antennas and ancillary equipment without the necessity of constructing new freestanding communications towers.
MODIFICATION or MODIFY
The addition, removal or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. A modification shall not include the replacement of any components of a communications facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a communications facility without adding, removing or changing anything.
ONE-HUNDRED-TEN-PERCENT CLEAR ZONE
The requirement that new communications towers be set back a minimum of 110% of its own height from adjacent property.
REVIEWING BOARD
The Town Board, Planning Board, or Zoning Board of Appeals charged with reviewing applications for special use permit, zoning variance, site plan approvals, or zoning change or amendment, such as amendment to a planned development district necessary or proposed to allow the siting or placement of wireless communications facilities.
ROOF TOWER
A tower constructed on top of a preexisting building or structure.
C. 
Applicability; exemptions; conflict with other legislation; authority of reviewing board.
(1) 
These regulations shall apply to all zoning districts.
(2) 
Exemptions to these regulations are limited to:
(a) 
New uses that are accessory to residential uses, such as satellite dishes and television antenna(s), and less than 30 feet in height.
(b) 
Amateur radio facilities as licensed by the Federal Communications Commission (FCC).
(c) 
Lawful or approved uses existing prior to the effective date of these regulations.
(d) 
Applications pending prior to the adoption of this section.
(3) 
Where these regulations conflict with other laws and regulations of the Town of Clifton Park, the more restrictive shall apply, except for tower height regulations that shall be governed by these special use standards.
(4) 
Authority. In the case of action required by the Town Board, Planning Board or Zoning Board of Appeals under this section, procedures and required disclosures provided for in this section shall apply equally to proceedings before such boards as the appropriate reviewing board.
D. 
Location.
(1) 
Below are the priorities an applicant must follow in the selection of any new communications tower structure or co-location facility. Additionally, applicants must refer to the Town's overall planning documents, including the Comprehensive Plan, Western Clifton Park GEIS and design guidelines, open space plan and applicable scenic resources study, to help minimize aesthetic and visual impacts to the community character in the detailed site planning and design for any project.
(2) 
An applicant shall locate, site and erect communications towers, structures, antennas and accessory structures, alternative tower structures, or other tall structures in accordance with the following priorities expressed within this section, Subsection D(3)(a) being the highest priority and Subsection D(3)(h) being the lowest priority. An applicant may not bypass sites of higher priority by stating the site presented is the only site it has leased or selected to cover the area of its demonstrated area of need. An application shall address co-location on an existing communications facility or tall structure as a primary option, and if such option is not proposed, the applicant must explain why co-location is commercially impracticable or is technologically infeasible as demonstrated by substantial evidence in the written record. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.
(3) 
Prioritization.
(a) 
Existing communications sites or tall structures.
(b) 
Alternative tower structures.
(c) 
L2 or L1 Zones.
(d) 
Commercial PDD, B4, B4A, B5 Zones.
[Amended 11-9-2015 by L.L. No. 12-2015]
(e) 
B3, B2, B1 and HM Zones.
(f) 
PIR Zones and Town property, excluding nature preserves and beyond 500 feet of any residential property line.
(g) 
CR Zones.
(h) 
R1, R3, HR, CS Zones or Residential PDD. New communications towers are prohibited in these zones.
[Amended 11-9-2015 by L.L. No. 12-2015]
(4) 
Site selection evaluation criteria.
(a) 
In all cases, co-locating on existing tall structures or utilizing alternative tower structures or nonresidential structures are preferred methods of providing service within these areas, provided there is no significant adverse impact to residential property within 500 feet of said structures or accessory equipment that cannot be mitigated.
(b) 
If the proposed property site is within a zone listed in Subsection D(3)(g) or below, then a detailed explanation must be provided as to why a site of a higher priority was not selected for the provision of service to the service area identified in the application. The person seeking such an exception must satisfactorily demonstrate by objectively verifiable data why a site in higher-priority zones were not selected to provide the service improvement. The reviewing board shall review such applications with strict scrutiny under the Federal Act and SEQRA.
(c) 
The application shall demonstrate the applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If the site selected is not the highest priority, then a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application.
(d) 
Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the application may be disapproved for any of the following reasons:
[1] 
Conflict with safety and safety-related codes and requirements.
[2] 
Conflict with the historic nature of a neighborhood or historical district.
[3] 
Adverse aesthetic impact upon the overall character of the neighborhood and surrounding community, or conflict with fundamental policy as expressed within the Town's Comprehensive Plan, open space plan, Western Clifton Park GEIS, and related existing planning documents.
[4] 
Applicant's failure to demonstrate, through submission of objectively verifiable data, that the facility is needed in order to fill service gaps within the Town under the Federal Act.
[5] 
The applicant fails to satisfy any criteria for siting under this section.
[6] 
Adverse environmental impacts or resulting cumulative impacts which cannot be mitigated pursuant to review of the application under SEQRA.
E. 
Procedure.
(1) 
All applicants for a special use permit for communications towers, co-location facilities or any modification of such a facility shall follow the procedure for site plan approval set forth in § 208-113 et seq., as well as the procedures for special use permits as set forth in this § 208-95. In addition, such applications shall comply with the requirements set forth in this section.
(a) 
The Planning Board is the designated agency or body of the community to which applications for a special use permit for communications towers, antennas and accessory communications structures must be made and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for communications towers, antennas and accessory communications structures.
(b) 
An application for a special use permit and for site plan approval for communications towers, antennas and accessory communications structures shall be signed by the applicant (or by a person acting on behalf of the applicant who has prepared the same and who has knowledge of the contents and representations made therein), attesting to the truth and completeness of the information. The owner of the land on which the communications towers, antennas and accessory communications structures are proposed to be located, if different from the applicant, shall also sign the application. Any material false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction and may impact the time required to review and verify future applications from the applicant.
(c) 
The applicant shall include a statement in writing verifying that the applicant's proposed communications towers, antennas and accessory communications structures will be maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, as well as all applicable local codes, local laws, ordinances, and regulations and all applicable county, state and federal statutes, laws, codes, rules, and regulations.
(d) 
No communications towers, antennas and accessory communications structures shall be placed, constructed, used or modified in the Town unless and until a special use permit therefor has been granted by the Planning Board pursuant to this article. No construction or modification of communications towers, antennas and accessory communications structures for which a special use permit has been issued shall take place unless and until a building permit therefor has been issued by the Town Code Enforcement Officer.
(e) 
Application. All applications for a special use permit for the construction or installation of new communications towers, antennas and accessory communications structures shall be filed with the Town Planning Department and shall be accompanied by a report containing the information hereinafter set forth, which said report shall be signed by a licensed professional engineer or qualified radio frequency consultant. Certifications required by Subsection E(1)(e)[17] and [18] of this article shall be made by a qualified radio frequency consultant. The certification required by Subsection E(1)(e)[20] shall be made by a licensed professional engineer. Determinations as to the qualifications of nonlicensed professionals shall be made in the reasonable discretion of the reviewing board.
[1] 
Name, address, and phone number of the person preparing the report.
[2] 
Name, address, and phone number of the property owner, operator, and applicant, including information about the legal status of the applicant.
[3] 
The Tax Map parcel number of the property and 911 addresses, if available.
[4] 
Zoning district or designation in which the property is situated.
[5] 
Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines.
[6] 
Location of nearest residential structure, and distance from nearest residential property lines.
[7] 
Location, proposed height and dimensions of all structures currently on the property and those proposed for the property that is the subject of the application.
[8] 
Location and dimensions of all proposed and existing antennas and all appurtenant structures.
[9] 
Type, locations, and dimensions of all proposed and existing landscaping and fencing.
[10] 
The number, type, and design of the communications tower(s), antenna(s) and accessory communications structure(s) proposed, and the basis for the calculations of the physical capacity to accommodate co-location multiple site users.
[11] 
The make, model, and manufacturer of the proposed communications tower.
[12] 
A description of the proposed tower and antenna(s) and related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color, and lighting.
[13] 
The frequency, modulation, and class of service of radio or other transmitting equipment.
[14] 
A statement identifying the maximum effective radiated power (ERP) per channel for all equipment proposed.
[15] 
Identification of the manufacturer and model identification of all antennas proposed, including proposed antennas pattern and specification sheet.
[16] 
Application's proposed tower maintenance and inspection procedures and related system of records.
[17] 
Certification of the nonionizing electronic radiation (NIER) levels resulting from the proposed equipment, and certification that such levels are within Federal Communications Commission guidelines.
[18] 
A statement within the application that the applicant will exercise good faith efforts to avoid interference with existing communications devices and work to attempt interference resolution when necessary.
[19] 
A copy of the FCC license applicable for the use of the communications tower, antenna(s) and/or accessory communications structure(s),with particular license information for the proposed site highlighted.
[20] 
Certification that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrata and the proposed drainage plan, the site is adequate to assure the stability of the proposed drainage plan and the site is adequate to assure the stability of the proposed communications towers, antennas and accessory communications structures on the proposed site. Notwithstanding any other provision of this section, this requirement can be fulfilled prior to the issuance of a building permit in the discretion of the Planning Board.
[21] 
Documentation that demonstrates and proves the need for the wireless communications facility to provide service primarily and essentially within the Town. Such documentation shall include propagation studies of the proposed site, all adjoining proposed, in-service, existing or approved sites that demonstrate a significant gap in coverage and/or, if a capacity need, including an analysis of current and projected usage. The studies provided shall utilize the current and best software technology currently used by each applicant.
[22] 
If the proposed location for the site is within two miles of the geographic boundary of the Town of Clifton Park, the propagation studies shall include studies showing the existing and proposed coverage to the nearest neighbor sites, regardless of the jurisdiction or municipality of such neighbor sites.
[23] 
Location, layout, and dimensions of off-street parking and loading facilities, vehicular entry, exit, and circulation on the site and neighboring roads, including any and all grading and drainage plans for the site, which shall be subject to the approval of the Town Stormwater Management Officer;
[24] 
Type, size, and location of all proposed screening, signs, and physical features meant to protect adjacent land uses.
[25] 
Identification in writing of all other sites owned, optioned or leased by the applicant in the Town for which no application for special use permit or other approvals for telecommunications facilities have been made, as well as identification of all other sites that the applicant is planning to consider or review for communications towers, antennas or accessory wireless communications facilities within the Town for a two-year period following the date of the application.
[26] 
Disclosure in writing of any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new communications towers, antennas and accessory communications structures that he constructs.
[27] 
Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing in accordance with Article XVI, § 208-115F.
(f) 
Information provided by applicants pursuant to Subsection E(1)(e)[25] above shall be kept separately and excluded from disclosure under the Freedom of Information Act (Public Officers Law § 87 et seq.), pursuant to Public Officers Law § 87, Subdivision 2(d), upon a showing by the applicant that disclosure of the material would result in substantial competitive injury. Determinations on the showing required to demonstrate competitive injury under this subsection shall be made by the Planning Director in consultation with the Town Attorney.
(2) 
Applications requiring change of zoning in planned development districts.
(a) 
Applications for new communications towers, facilities or equipment, including co-locations, existing tall structures, and those utilizing alternative tower structures requiring a change in use within an existing PUD or PDD shall be made to the Director of Planning, who shall refer the application for zoning change to the Town Board.
(b) 
The Town Board may, within 30 days of its receipt of an application pursuant to this section, refer the application to the Planning Board for review and for its recommendation consistent with this article. The Planning Board shall hold a public hearing on the application and forward its recommendations to the Town Board within 90 days of receipt of a complete application, unless for good cause reasonable extensions are required, by the Planning Board or applicant. The reviewing board, along with its consultant, shall reasonably determine when an application is complete under this section. The Planning Board's recommendations shall be advisory in nature and shall include a recommendation that the application be approved, disapproved, or approved with any restrictions that it recommends. The recommendations of the Planning Board shall be in writing and shall contain the factual basis for the recommendation upon a written record. The Town Board shall make a final determination upon the application within 45 days of its receipt of the Planning Board's written recommendation pursuant to this subsection.
(c) 
In cases where the Town Board declines to refer an application to the Planning Board under this section, the Town Board shall schedule a public hearing on the application and review the application as the reviewing board under this article. In such cases, the Town Board shall hold the public hearing and make a final determination on the requested zoning change within 90 days of receipt of the complete application, unless, for good cause, reasonable extensions of time are required, by the Town Board or the applicant. Final determinations regarding any required change in zoning shall be made by the Town Board, in writing, and upon a written record.
(3) 
New communications towers, poles, or any other structures intended to house wireless communications equipment. In addition to the procedures detailed above, applications for new towers or structures shall provide the following information and meet the following requirements:
(a) 
Notwithstanding any other provision of this section, the construction of new communications towers is prohibited in R1, R3, HR Zones and within Residential Planned Development District Zones.
[Amended 11-9-2015 by L.L. No. 12-2015]
(b) 
In addition to the prohibition contained in Subsection E(3)(a), above, new communications towers are prohibited within 500 feet of the property line of any existing residential property within the zones identified in Subsection E(3)(a), above. Any application seeking variance or relief from this prohibition shall be subject to strict scrutiny under the Federal Act as well the State Environmental Quality Review Act.
(c) 
In the case of new communications towers, structures, monopoles, poles or any other new structure proposed to hold, house or affix antennas and accessory communications structures within or onto, the applicant shall be required to submit a written report demonstrating all efforts to secure shared use of existing communications towers, antennas and/or accessory communications structures or use of existing buildings or other tall structures within the Town, as well as the use of alternative tower structures or other stealth technology to meet the coverage need addressed in the application. Copies of written requests and responses for shared use shall be provided to the reviewing board.
(d) 
New towers: future shared use. The applicant for a new communications tower should examine the feasibility of designing the proposed new communications tower to accommodate future demand for up to four additional commercial applications, for example, co-locations. The tower shall be structurally designed to accommodate, or to be extended to accommodate, at least four antenna arrays equal to those of the primary applicant, unless the applicant demonstrates that it is infeasible to do so, with substantial evidence submitted within a written record. The applicant shall submit to the board a letter of intent committing the owner of the proposed new tower and his/her successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Planning Director. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new tower owner and his/her successors in interest to:
[1] 
Respond within 90 days to a request for information from a potential shared-use applicant.
[2] 
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
[3] 
Upon approval and construction of any new communications tower, to negotiate in good faith with other licensed wireless service providers for future shared use of the communications tower structure and site. Future co-locations shall be subject to the involved parties reaching agreement on reasonable terms and conditions pursuant to current industry standards, as well as adequate structural capacity and space to accommodate such co-location.
(e) 
Prior to issuance of a certificate of compliance, the applicant shall also furnish written certification that both the foundation and attachments of the communications tower(s), structure, antenna(s) and/or accessory communications structure(s) are designed and constructed ("as built") to meet all applicable county, state and federal structural requirements for loads, including wind and ice loads.
(f) 
After construction and prior to receiving a certificate of compliance, the applicant shall furnish written certification that the communications towers, antennas and accessory communications structures and related facilities are grounded, bonded so as to protect persons and property, and installed with appropriate surge protectors.
(g) 
Applicants for a permit for a new communications tower shall submit a completed full EAF and a completed visual EAF addendum, upon request from the reviewing board or its consultant. Applications for co-locations on existing structures or towers shall include a short-form EAF upon such request.
(h) 
Applicants for a permit for a new communications tower or alternative tower structure shall furnish a visual impact assessment that shall include:
[1] 
A Zone Visibility Map, which shall be provided in order to determine locations where the tower can be seen.
[2] 
Pictorial representations of before and after views from key viewpoints both inside and outside of the Town, including but not limited to county roadways, highways and other major roads; parks and preserves, as well as other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to the public at large. Any key views requested by the Town's Planning Director or consultant shall be provided at the initial meeting of the Planning Board or at any preapplication meeting where requested. Pictorial representations shall exclude foreground trees, telephone poles, wires, and other obstructions to the best possible degree in order to provide accurate presentations of actual visual impact. The Planning Board, acting in consultation with its consultants or experts, hired at the expense of the applicant, will provide guidance concerning the appropriate key sites at a preapplication meeting.
[3] 
An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting properties and streets shall also be provided.
[4] 
The applicant shall, in a manner approved by the reviewing board, demonstrate in writing how he will effectively screen from view the base and all related facilities and structures of the proposed communications towers, antennas and accessory communications structures.
[5] 
All communications towers, antennas and accessory communications structures and accessory facilities shall be sited so as to have the least practical adverse visual effect on the environment and its character and on the residences in the area of the communications towers, antennas and accessory communications structures site.
[6] 
Both the communications towers, antennas and accessory communications structures and accessory facilities shall maximize use of building materials, colors, and textures designed to blend with the structure to which they may be affixed and/or to harmonize with the natural surroundings, including the utilization of stealth or concealment technology, techniques or designs as may be required by the Planning Board or other reviewing board in order to mitigate adverse impact to the aesthetic, scenic, environmental and cultural assets within the community.
[7] 
All accessory communications structures shall be designed, sited and screened to minimize their visibility from surrounding public streets or neighborhoods, using suitable materials, colors, textures, screening and landscaping. All accessory antennas, equipment and facilities, as well as the Tower Base area, shall have appropriate visual screening to screen their view from neighboring residences, recreation areas or public roads. Such screening shall include the maximum feasible retention of existing vegetation and shall provide such screening as necessary commensurate with the height of the structures to be screened from view. The Planning Board or other reviewing board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities or conservation or historic areas within the view of the public.
(i) 
In cases where the application is for a communications tower on property abutting another municipality or for a site within 500 feet of another municipality, the applicant shall notify, in writing, the legislative body of each municipality that borders the Town of Clifton Park, the Saratoga County Planning Board and the Director of Saratoga County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future use. Such notification shall be made to the Saratoga County Planning Board and Saratoga County Emergency Services, regardless of proximity of the proposed facilities to other municipalities. In addition:
[1] 
Documentation of this notification shall be submitted to the Planning Board at the time of application.
[2] 
Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing in accordance with Article XVI, § 208-115F.
[3] 
In order to fully inform the public in the case of an application for a new communications tower or structure, the applicant shall, prior to the public hearing on the application, hold a "balloon test" as the Planning Board, reviewing board or its consultant shall deem appropriate. The dates (including a second date, in case of poor visibility or adverse weather conditions on the initial dates), times and location of this balloon test(s) shall be subject to notice per Article XVI, § 208-115F, and advertised by the applicant at seven days and 14 days in advance of the first test date in the officially designated newspaper for legal notices within the Town of Clifton Park.
[4] 
Unless waived by the Planning Director, there shall be a preapplication meeting attended by the applicant as well as a member of the Planning Board or other reviewing board with jurisdiction. The purpose of the preapplication meeting will be to address issues that will help to expedite the review and permitting process. A preapplication meeting may also include a site visit, if required. The applicant shall request a preapplication meeting by correspondence directed to the reviewing board. The applicant may file the application upon expiration of 45 days following delivery of the correspondence requesting same, if such preapplication meeting is not scheduled by the appropriate reviewing board within 45 days. In cases of an application requiring a change in zoning for an existing or proposed PDD or PUD, the preapplication meeting may include a member of the Town Board.
(j) 
All new communications towers or structures must be sited, designed and constructed in such a manner as to guarantee a one-hundred-ten-percent clear zone in case of tower failure.
F. 
Additional requirements applicable to all applications for special use permits.
(1) 
Any and all representations made by an applicant to the reviewing board, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Planning Board.
(2) 
The applicant shall employ the latest current industry standard in sound-minimizing technology and demonstrate to the satisfaction of the reviewing board that all reasonably available technology will be implemented so as to minimize auditory impacts from generators or other ancillary equipment resulting from the proposal to adjacent properties to a reasonable level in the judgment of the reviewing board.
(3) 
All utilities leading to and away from the site of any communications towers, antennas and accessory communications structures shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be installed underground and in compliance with all applicable ordinances, local laws, codes, rules, and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.
(4) 
Communications towers shall not be artificially illuminated unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall, to the fullest extent possible, cause the least disturbance to the surrounding areas. Upon request from the reviewing board, the applicant shall provide a copy of any analysis indicating a requirement for lighting under Federal Aviation Regulation Part 77. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided to the reviewing board in a timely manner.
(5) 
Equipment or vehicles not used in direct support, renovation, additions or repair of any accessory communications structure, antenna or communications tower shall not be stored or parked on the facility site.
(6) 
No signs or advertising materials of any nature shall be allowed on any communications tower or antenna unless such signs consist of warning signs or other notifications designed to alert the public to safety concerns.
(7) 
A person or entity who holds a special use permit for communications towers, antennas and accessory communications structures shall construct, operate, maintain, repair, modify or restore the permitted communications towers, antennas and accessory communications structures in strict compliance with all current technical, safety and safety-related codes adopted by the Town and state, including but not limited to the most recent editions of the New York State Uniform Fire Prevention and Building Code. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
(8) 
A person or entity holding a special use permit granted under this article shall maintain, all permits and licenses required by applicable law, rule or regulation and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction thereof and shall provide adequate documentation thereof to the Planning Director upon request.
(9) 
Subject to and in accordance with the State Environmental Quality Review Act (SEQRA), the Planning Board shall be the lead agency for the purpose of conducting the environmental review of the application for a special use permit. The Planning Board shall conduct an integrated comprehensive environmental review of the proposed project in combination with its review of the application under this article. In cases where an application seeks zoning change pursuant to Subsection E(2), the Town Board shall be lead agency for SEQRA review.
(10) 
An applicant shall submit no fewer than 14 copies of the entire completed application to the Planning Board, Planning Department for distribution to the Planning Board and a copy of notice of the application to the Town Clerk. Where an application also requires action by the Zoning Board of Appeals, applicants shall submit an additional 14 copies of such applications. Where an action also requires action by the Town Board, such as where a zoning change to a PUD or Planned Development District would be required, pursuant to Subsection E(2), the applicant shall submit an additional seven copies of the application to that Board.
(11) 
The holder of a special use permit for wireless communications facilities shall notify the Town of any intended modification of a communications tower, antenna or accessory communications structure and shall apply to the Planning Department to modify, relocate, or rebuild the same. Whenever modifications or replacement of antennas involve changes to antennas patterns, propagation, or additional transmission capability, the applicant shall submit current and updated radio frequency (RF) propagation plots that demonstrate existing and proposed RF coverage. However, antenna changes that do not alter any visually discernible components of the facility, involve changes to antennas patterns or propagation, or routine maintenance work not impacting antenna patterns do not require further review pursuant to this section.
(12) 
Notice and hearing. Within 90 days of receipt of a completed application, the Board shall publish a notice in the newspaper officially designated for legal notices for the Town, of general circulation in Clifton Park, setting forth the name of the applicant, the location and owner of the property, the use proposed and the time and place of a public hearing to be held by the Planning Board no sooner than five business days after the day of publication. After the Planning Board has set a date for the hearing, the applicant shall also serve notice to property owners pursuant to § 208-115F.
(13) 
In the case of a co-location on an existing communications tower or an application for antennas and accessory facilities on an existing tall structure where there is no increase in the height of the communications tower or tall structure, no public hearing is required. All other procedures and requirements contained within this § 208-95 shall apply.
(14) 
Decision by the Zoning Board of Appeals. In the case of an application that requires prior approval for a use variance by the Zoning Board of Appeals, the ZBA shall forward its decision to the Planning Board within 60 days of any decision, which decision shall be in writing and shall contain the basis for the decision and determination.
(15) 
Decision by the Planning Board. The Planning Board may authorize and direct the approval or denial of the issuance of the special use permit for on the basis of the criteria and requirements set forth in this § 208-95. The Planning Board shall attach to such permit such restrictions, in addition to or in lieu of the bulk density regulations and general standards of the district, as are necessary or desirable, in its judgment, to ensure the compatibility of the proposed use with surrounding property and the overall development of the community.
(16) 
Compliance.
(a) 
Following construction of the facilities for which the special use permit was obtained, the Planning Department and Town Engineer shall cause an inspection to occur upon the land or structure where the special use is located in order to ascertain that the applicant has complied with all of the conditions of the approved special use permit and site plan listed and ordinances applicable to said permit and property affected.
(b) 
The Building Department and the Planning Department shall keep records of all communications tower and facility special use permits issued pursuant to this section and inspect existing tower sites and wireless communications facilities as necessary to ensure continuing compliance with the criteria and requirements under which the relevant special use permits were issued. The Town designates the Planning Department as the repository of official set of records under this section.
(c) 
A permit holder who is not in compliance shall be issued a written order to comply and remedy said violations within 30 days or is subject to revocation.
(17) 
Revocation. Upon submission to the Planning Board of a written report of the Town Engineer that the permit holder is in violation of the conditions established and has failed to remedy the violations or comply with the regulations herein, the Planning Board shall have the power to revoke the previously issued special use permit upon findings, after appropriate notice and opportunity to be heard, that the holder has failed to remedy or comply with applicable conditions and/or ordinances.
(18) 
Abandonment of use. All special use permits issued under this section shall expire and terminate upon the cessation or abandonment of the use permitted, after a one-year period.
(19) 
Exceptions. A special use permit, which when granted and approved by a reviewing board, designates the use to be continuous and will run with the land, shall be irrevocable and subject only to the restrictions of this section and any conditions attached thereto.
(20) 
Any applicant desiring relief, waiver or exemption from any aspect or requirement of this section may make such request at the preapplication meeting or, subsequently, to the Planning Director. Any request for waiver or exemption from any aspect of this section shall be contained in the original application for either a special use permit or, in the case of an existing or previously granted special use permit, a request for modification of its communications tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear all costs of the Town in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the Town, its residents and other service or the ability of the reviewing board to conduct its review pursuant to this section.
G. 
Fees.
(1) 
At the time that a person or entity submits an application fee for a special use permit for a new communications tower, such person or entity shall pay a single, nonrefundable application fee of $5,000. If the application is for a special use permit for co-locating on an existing communications tower or tall structure, where no increase in height of the tower or structure is required, the application fee shall be $2,000, which is nonrefundable. Such fee shall be paid to the Planning Department, which shall maintain records of payment in consultation with the Town Comptroller.
(2) 
In addition to the application fee described in Subsection G(1) above, applicants shall deposit a separate review fee in the amount of $7,500, which shall be utilized for all reasonable costs of consultants and expert reviews of any application, including, where applicable, preapproval evaluation as well as during construction or modification of sites, once permitted. Such experts and consultants as shall be reasonably required by the Town shall be made available to the appropriate reviewing board. The Town shall maintain a separate escrow account for such review fee funds and shall return the unused portion of any such funds to the applicant within 60 days of any final action on any application or formal withdrawal of same. If at any time during the review process this escrow has a balance less than $2,000, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that the balance shall be at least $5,000. Such additional escrow funds shall be deposited with the Town before any further action is taken on the application. The escrow amount for review fees shall apply to both new communications tower applications and those for colocations and shall be paid to the Planning Department, which shall maintain a separate accounting of the fees and disbursements from said escrow, for each application, in consultation with the Town Comptroller.
H. 
Lot standards.
(1) 
A lot leased or owned for the purpose of construction of a tower as part of an accessory communications structure, antenna or communications tower shall not result in the creation of a nonconforming lot.
(2) 
All accessory communications structures, antennas or communications towers shall comply with the greater setback standards of the underlying zoning district and shall be subject to review by the Planning Board for noise, aesthetics, and safety concerns.
I. 
Security.
(1) 
Accessory communications structures, antennas or communications towers shall be surrounded by a fence or wall of a reasonable height and design approved by the Planning Board but with limited visual impact.
(2) 
Motion-activated or staff-activated security lighting around accessory communications structures, antennas or communications towers may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeter has been entered.
(3) 
There shall be no permanent climbing pegs within 30 feet of the ground on any tower.
(4) 
A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.
J. 
Engineering and maintenance.
(1) 
All accessory communications structures, antennas or communications towers shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent applicable standards of the Institute of Electronic Engineers (IEEE) and the American National Standards Institute (ANSI) and any other applicable documents.
(2) 
All accessory communications structures, antennas or communications towers shall be inspected at least every fifth year for structural integrity by a licensed New York State professional engineer at the cost of the owner of the accessory communications structure, antenna or communications tower. A copy of the inspection report shall be submitted to the Code Enforcement Office.
K. 
Removal.
(1) 
The applicant shall submit an agreement, in writing, to remove all accessory communications structures, antennas or communications towers if such facilities become technically obsolete or cease to be used for their original intended purpose for more than 12 consecutive months. Upon removal of said facilities, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soil.
(2) 
The applicant must submit an analysis by a New York State licensed professional engineer of the cost of removal of the accessory communications structure, antenna and/or communications tower and surrounding property restorations.
(3) 
Prior to obtaining a building permit, the applicant must provide a financial security bond or letter of credit reasonably acceptable to the reviewing Board for the removal of the accessory communications structure, antenna and/or communications tower, with the Town of Clifton Park as the designated assignee, in an amount approved by the Planning Board which is equal to the current projected cost for the removal of the type of facility permitted, plus a reasonable escalation rate based upon the anticipated useful life of the facility.
L. 
Amateur radio equipment. Radio installations; amateur radio operator equipment. Radio installations for amateurs (HAMS) are permitted uses in an R-1 District to a maximum height of 50 feet and in R-3 Districts to a maximum height of 80 feet, subject to the following additional conditions:
(1) 
A building (installation) permit must be obtained from the Department of Building and Development. Application for a permit shall include, at a minimum, the following information:
(a) 
A site plan, drawn to scale, showing the location of all buildings on the lot, lot lines, easements, if any, on the lot, and location of any existing poles on the lot (utility, flag, etc.). The site plan shall also clearly indicate the location of the antenna support structure on the lot and its dimensions and characteristics, such as height and width, and shall indicate the type of anticlimb devices to be installed.
(b) 
Manufacturer's specifications or generally recognized engineering handbooks for installation for antenna support structures, details of footings, guys, braces or any other necessary aspect of installation.
(c) 
Applicants shall provide the Department of Building and Development with a copy of their license issued by the Federal Communications Commission, together with proof that all required county, state and/or federal permits have been obtained.
(d) 
The permit is for the initial construction of the antenna support system. Future additions or replacements to the installation which do not affect its structural integrity do not require an additional permit, so long as the conditions set forth herein are met.
(e) 
The antenna support structure shall only be placed in the rear or side yard area of the lot and must conform to all side and rear setback requirements. The antenna span shall not encroach into any neighboring property line.
(f) 
All antenna support structures shall be bordered by appropriate landscaping, so as to shield the view of the lowermost six feet of the structure from the road and any neighboring yard.
(2) 
No antenna support structure greater than eight feet in height shall be mounted on the roof of any principal or accessory building unless the applicant can show proof that such installation is essential to the receipt of normal signals intended for this area.
(3) 
Any person desiring to erect or install an antenna support structure higher than the height permitted must obtain a variance from the Zoning Board of Appeals, except in an R-3 Zone, where no variance shall be permitted.
M. 
Severability. If any clause, sentence, paragraph or part of this article or application thereof to any person or circumstance shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to the other persons and circumstances but shall be confined in its operation to the clauses, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.

§ 208-96 Temporary uses and structures.

Temporary permits may be issued by the Building Inspector for a period not exceeding one year for nonconforming uses incident to housing and construction projects, including such structures and uses as the storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed upon application to the Building Inspector for additional periods not exceeding one year each upon proof that progress on construction projects is continuous and diligent.

§ 208-97 Nonconforming land, structures and uses.

A. 
Continuation and prior approval. The use of land, buildings or structures lawful at the time of adoption or subsequent applicable amendment of this chapter may continue although such use does not conform to the provisions of this chapter. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with previous laws and for which a building permit had been duly granted prior to the effective date of this chapter or any applicable amendment thereto.
B. 
Regulation of nonconforming uses. Except as provided herein, no nonconforming use may be enlarged, extended, reconstructed, substituted or structurally altered.
(1) 
Change of use.
(a) 
A nonconforming use may not be changed into another nonconforming use.
(b) 
A nonconforming use may be changed into a conforming use in accordance with this chapter.
(2) 
Repairs, maintenance and structural additions.
(a) 
Normal maintenance, repairs and alterations incidental to a building or other structure containing a nonconforming use are permitted, provided that they do not extend the area or volume of space occupied by the nonconforming use.
(b) 
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no alterations shall be made which would increase the number of dwelling units, tenants or square footage.
(c) 
A nonconforming lot or structure may be the site of a minor exterior structural addition or alteration (defined as an unenclosed porch, deck, stairway or other similar facility), provided that such proposed construction conforms in all respects to the affected district's height, setback and yard requirements and does not increase the degree of any yard, bulk, parking or other nonconformity of the existing property.
C. 
Termination of nonconforming uses.
(1) 
Abandonment. The discontinuance of a nonconforming use for a period of one year shall be considered an abandonment thereof, and such nonconforming use shall not be revived.
(2) 
Change of use. The change of a nonconforming use to a more-restricted or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not be revived.
D. 
Damage or destruction.
(1) 
Partial damage.
(a) 
Where any nonconforming structure or use is partially damaged or destroyed, other than by demolition, to the extent of 50% or less of the cost of replacement of the entire structure new, the proof to be supplied by the applicant in written estimate form of replacement value and work to be done by a minimum of two reputable agencies, repairs may be made to reconstruct the structure, upon issuance of a building permit, and it shall be used as it existed prior to the damage. No repairs or restorations shall be made which increase the degree of any yard, bulk, parking or any other nonconformity existing prior to the damage.
(b) 
In the event that a structure remains vacant due to a partial damage, the owner or agent shall have one year to receive a building permit. In the event that the building remains vacant for one year without a building permit, it shall constitute an abandonment as regulated under § 208-97C and shall not be restored. Proof of proper application within allowable periods shall be the responsibility of the applicant.
(2) 
Substantial damage or destruction. In the event that any nonconforming structure or use is substantially damaged or destroyed, by any means other than demolition, to the extent of more than 50% of the cost of replacement of such structure new, proof should be supplied by the applicant in written estimate form of replacement value and work to be done by a minimum of two reputable agencies. Such structure shall not be restored unless, if within 30 days after the substantial damage, the owner of said nonconforming use notifies the Building Inspector, in writing, of his intent to restore said nonconforming use substantially to the conditions existing prior to the disaster. It is the owner's responsibility to provide documentation of existing nonconforming conditions prior to the disaster to satisfy the Building Inspector. In that instance, the Building Inspector shall permit the issuance of a building permit within 30 days of receipt of the written notice of intent and necessary plans and specifications for the work to be performed for such substantial restoration without further action. Restoration under this subsection shall be commenced within six months of the date of issuance of the building permit, and restoration shall be completed within one year of the issuance of the building permit. In the event that the Building Inspector is not notified of the intent to restore the nonconforming use within the time limit stated, such structure shall not be restored unless the structure and use thereof shall conform to all current regulations of this chapter.
(3) 
Demolition. Where any nonconforming structure or use is partially or substantially damaged or destroyed by demolition, repairs may not be made to reconstruct the nonconforming use as it existed prior to the damage. Any and all restoration shall conform to all current regulations of this chapter.
E. 
Regulation of nonconforming lots.
(1) 
Single unimproved lots. A single, unimproved, lawfully nonconforming lot held in single ownership as of the effective date of this chapter, which is not contiguous with any other lot owned by the same party, may be used as if it were a conforming lot, provided that all of the following conditions are met:
(a) 
The proposed use is permitted by current regulations of the particular district.
(b) 
The use conforms spatially to all other requirements of the particular district, including all space and bulk requirements, except lot size, frontage and depth, or a variance has been obtained from the Zoning Board of Appeals.
(c) 
The use conforms to all other applicable local and state land use regulations.
(d) 
The lot has a minimum width of 100 feet and minimum area of at least one acre, if located within an R-3 District or if located within any other district, a minimum area of at least 23,000 square feet.
[Amended 10-16-2006 by L.L. No. 14-2006]
(2) 
Multiple unimproved lots. Two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of the effective date of this chapter shall be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located and thereafter shall be considered under the provisions of § 208-97E(1). This shall include unimproved nonconforming lots contiguous to improved nonconforming lots held in the same ownership of record.
(3) 
Lots within approved subdivisions.
(a) 
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed with the officer of the county prior to the effective date of this chapter with area and dimensions less than the specified minimum lot requirement of this chapter for that district but in compliance with the minimum standards set forth in § 208-97E(1) may be considered in compliance with this chapter, and no variance shall be required.
(b) 
Any lot on an approved final plat, filed with the officer of the county prior to the effective date of this chapter, with area dimensions of less than the specified minimum lot requirement of this chapter and not in compliance with the minimum standards set forth in § 208-97E(1) shall be exempt from compliance with such revised minimum lot requirements for a period of three years after the filing of the subdivision plat or first section thereof.
(4) 
Termination of nonconforming lots. Notwithstanding anything heretofore contained in this section, all nonconforming lots for which a building permit for a permitted use has not been issued for a period of three years after the effective date of this chapter shall thereafter be required to meet all of the space and bulk standards of the district in which it is located, except that, if said lot continues in the same continuous ownership existing on the effective date of this chapter, then this requirement to conform shall not take effect until six years after the effective date of this chapter.

§ 208-98 Special setback lines.

On the streets and roads listed below, no building or part of a building, other than steps, eaves and similar fixtures, shall extend nearer to the center line of the street or road than 100 feet in the case of a building in a residential district or 130 feet in the case of a building in any other district.
New York - U.S. Route 9
State Road Nos. 146 and 146A
Blue Barn Road
Crescent Road
Elnora-Jonesville Road (Main Street)
Grooms Road
Kinns Road (from Plank Road to Route 146A)
Long Kill Road
Vischer Ferry Road
Lapp Road
Plank Road
Riverview Road (Vischer Ferry Road to Route 146)
Ushers Road

§ 208-99 Off-street parking and automobile storage space.

A. 
General provisions.
(1) 
Minimum off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure, at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area or before conversion from one zoning use or occupancy to another. No required front yard or portion thereof in any residence district shall be utilized to provide parking space required in this chapter.
(2) 
If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Appeals may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.
(3) 
Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving a new building, structure, addition or land use, nor shall any required parking space be substituted for an off-street loading and unloading space, nor shall any required loading or unloading space be substituted for a parking space.
(4) 
The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls, whose peak attendance will be at night or on Sunday, may be assigned to a use which will be closed at night or on Sunday.
(5) 
No off-street automobile parking or storage space shall be used or designed, arranged or constructed to be used in a manner that will obstruct or interfere with the free use of any street or adjoining property.
(6) 
The parking spaces provided, along with their necessary driveways and passageways, shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Building Inspector at the time application for building permits are to be filed. Such parking areas are to be kept free of obstruction and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be made in an approved manner. Provisions must be made for the adequate drainage of parking areas.
B. 
Requirements.
(1) 
Parking requirements shall be as follows:
[Amended 5-14-2007 by L.L. No. 3-2007]
Use
Minimum Parking Spaces Required
Apartment houses
1.3 per apartment
Automobile service station
1 for each gas pump, 3 for each grease rack, plus 1 for every 2 employees on the maximum working shift
Auditoriums, churches, theaters or other similar places of assembly
1 for each  4 seating spaces
Bowling alleys
4 for each alley (lane)
Clubs and restaurants
1 for each 75 square feet of customer service area (i.e., all area other than kitchen and storage) or 1 for each 3 seats, whichever is greater
Funeral homes
1 for each 60 square feet of space available for public use or 1 for each 3 seats, whichever is greater
Hotels/motels
1 space per rental room or unit, plus 1 space for each 2 employees regularly employed on the premises
Light industrial uses
1 for each 500 square feet of gross floor area or 1 for each 2 employees on the maximum working shift, whichever is greater
Medical/Dental offices
1 for each 150 square feet of gross floor area but not less than 3 per practitioner
Office buildings other than medical or dental
1 for each 300 square feet of gross floor area
Public swimming pools
1 for each 40 square feet of pool area, excluding wading pools
Recreation establishments, exhibit halls or other similar places of assembly
1 for each 200 square feet of gross floor area
Residences
1 for each dwelling unit, plus 1 for each 100 square feet of floor space devoted to approved home occupations
Retail stores, banks or personal service establishments
1 for each  200 square feet of gross floor area
Sanatoriums or nursing or convalescent homes
1 for every 3 beds, plus 1 for each 2 employees on the maximum working shift
Wholesale, warehouse and storage
1 for each 2,000 square feet of gross floor area, plus 1 per employee; for commercial self-service warehouse and storage facilities, 1 per 10 storage units
(2) 
The requirements listed above are based in large part on a study of parking generation produced by the Institute of Transportation Engineers. Local conditions, such as a particular site's location, public transportation service, ride-sharing programs, proximity to other developments and other special characteristics, may indicate an adjustment of the above listings. They are provided here as a guide to the project planner, and the Planning Board shall reserve the right to amend these requirements based upon local or unique conditions. [Such amendments will not, therefore, require a variance from the Zoning Board of Appeals but are subject to administrative review as provided in § 208-109C(1) of this chapter.]

§ 208-100 Roadside sales.

No merchandise, personal property, equipment or article for sale, lease or commercial display shall be permitted to be displayed or stored within 25 feet of highways, roads or rights-of-way in the Town of Clifton Park, except for farm produce and farm products or nursery stock, which shall be allowed by special permit pursuant to this chapter. The 25 feet shall be measured from the right-of-way line and is not intended to be measured from the center line.

§ 208-101 Frontage on public streets.

No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.

§ 208-102 Lot area reductions prohibited.

A. 
No lot, although it may consist of one or more adjacent lots of record, shall be reduced in area to the extent that yards, lot area per family, lot width, building area or other requirements of this chapter are not maintained. This subsection shall not apply when a portion of a lot is required for a public purpose.
B. 
No space applied or necessary under this chapter to satisfy the yard or other open space requirements in relation to any building or area, whether now or subsequently built or occupied, shall be counted as part of a required open space in relation to any other building.

§ 208-103 Obstruction of vision.

In all districts, on a corner lot, within the triangular area formed by the center lines of streets from the intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of two feet and the height of 10 feet above the average grade of each street on the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.
Sight Distance for Various Street Widths
Street Right-Of-Way
(feet)
Distance From Intersection
(feet)
60 or more
30
59 or less
20

§ 208-104 Existing violations.

No permit shall be issued for a property where there is an existing violation of this Zoning Chapter or Chapter 179, Subdivision of Land, of the Town of Clifton Park.