There may be allowed in any district except
the R-1 and W Districts, upon special permit from the Zoning Board
of Appeals with recommendations from the Planning Board and subject
to such conditions and safeguards as deemed necessary by the Zoning
Board of Appeals, the commercial excavation and sale of topsoil, sand,
dirt, gravel, clay, shale or other natural mineral deposits or the
quarrying of any kind of rock formation.
A.
Existing small lots. Notwithstanding the limitations
imposed by any other provisions of this chapter, the Board of Appeals
may issue a special permit for the erection of a building on any lot
separately owned or under contract of sale and containing, at the
time of the passage of this chapter, an area or a width smaller than
that required for a permitted use. The minimum side yard requirements
are reduced in proportion to the reduction of lot width over the specified
minimum lot width for the district. This provision applies only where
such lot is not adjacent to other property owned by the applicant.
B.
Reduced lot area. No lot shall be so reduced in area
that any required open space will be smaller than prescribed in the
regulations for the district in which said lot is located. Whenever
such reduction in lot area occurs, any building located on said lot
shall not thereafter be used until such building is altered, reconstructed
or relocated so as to comply with the area yard requirement applicable
thereto.
C.
Front yard depth. Notwithstanding the limitations
imposed by any other provisions of this chapter, each building hereafter
erected may have a front yard equal in depth to the average front
yard depth of the building within 100 feet adjacent thereto on either
or both sides, but no front yard shall be less than 40 feet [ 30 feet
in the R-1] nor need any front yard have a greater depth than required
by the district in which it is located. If there exists no building
within 100 feet adjacent on one side, the minimum permissible depth
shall be the average of the minimum depth for the district in which
it is located and the front yard depth on the other adjacent side.
D.
Reduction in rear yards. When a lot is less than the
minimum area prescribed for the district in which it is located at
the time of passage of this chapter or subsequent amendments thereto
which may affect the area requirement of the particular lot, the rear
yard may be reduced in proportion to the reduction in lot depth over
the specified minimum lot depth for the district. However, no rear
yard shall be less than 15 feet in depth, except that an accessory
building may be placed no closer than 10 feet to the rear lot line.
E.
Corner lot transition. On every corner lot there shall
be provided on the side street a side yard equal in depth to the required
front yard depth on said side street. For safety at intersections,
corner lots shall not have any structures, plantings or other objects
that obstruct the view of traffic on the intersecting street from
motor vehicle operators.
A.
The following minimum motor vehicle parking spaces
shall be provided and satisfactorily maintained by the owner of the
property for each building which, after the date when this chapter
becomes effective, is erected, enlarged or altered for use for any
of the following purposes. All parking spaces provided pursuant to
this section shall be on the same lot with the building, except that
the Board of Appeals may issue special permits for the parking spaces
to be on any lot within 500 feet of the building if it determines
that it is impractical to provide parking on the same lot with the
building.
B.
The Zoning Board of Appeals may require additional
off-street parking and loading spaces for any use if the Board finds
that the following required minimum spaces are not sufficient. The
minimum required spaces are as follows:
(1)
Apartment house: a minimum of 1 1/2 parking spaces
for each dwelling unit in the building or buildings.
(2)
Auditorium, stadium, theater or other place of public
assemblage: a minimum of one parking space for each five seats provided
for its patrons, based on maximum seating capacity.
(3)
Boarding home; tourist home; motel; hotel: a minimum
of one parking space for each guest sleeping room.
(4)
Restaurant or other eating place: a minimum of one
parking space for each five seats, except when it is in a building
which provides parking space, in which case the number of places already
provided may be taken to be available for the restaurant or other
eating place.
(5)
Retail stores: a minimum of one parking space for
each 100 square feet of gross store floor area.
(6)
Industrial or manufacturing establishments: a minimum
of one parking space for each 400 square feet of gross area or for
each three workers, whichever is greater.
(7)
Office building: a minimum of one parking space for
each 300 square feet of gross office floor area.
(8)
Funeral home: a minimum of 15 parking spaces per viewing
area, plus space for all employee and resident personnel cars.
(9)
Dwelling: a minimum of one parking space for each
dwelling unit.
(10)
Physicians', dentists' or surgeons' offices:
a minimum of four parking spaces for each physician, dentist or surgeon,
plus spaces for all people employed in the building.
(11)
Church or place or worship: a minimum of one
parking space for each five seating places in the main assembly room.
(12)
School: a minimum of two parking spaces for
each elementary classroom and four parking spaces for each high school
classroom. Where the school has an auditorium, the minimum requirement
shall be one space per five seats or 60 square feet of seating area
where fixed seating is not provided, whichever requirement is greater.
(13)
Public library or museum: a minimum of one parking
space for each 200 square feet of gross public building area.
(14)
Club or lodge: a minimum of one parking space
for each 100 square feet of gross building area.
A.
At least one off-street loading space shall be provided
for each commercial or industrial establishment hereafter erected
or substantially altered to have a gross floor area in excess of 5,000
square feet, computed as described below. Space for off-street loading
shall be in addition to space for off-street parking.
B.
Each off-street loading space shall be subject to
the following minimum requirements:
(1)
Each berth shall be not less than 12 feet wide, 40
feet long and 14 feet in height when covered.
(2)
Off-street loading space (or spaces) located within
50 feet of a residential property shall be shielded by a wall, fencing
or other suitable materials which shall serve to screen noise and
uncontrolled entrance.
A.
Setbacks. The minimum setback from the mean high-water
mark of all principal buildings and accessory structures, other than
docks or boathouses, shall be 100 feet in all zones.
B.
Docks. For purposes of this section, a "dock" shall
mean any structure, whether affixed or floating, placed in or upon
the Hudson River and attached to the shoreline by any means and which
provides a berth for watercraft and a means of pedestrian access to
and from the shoreline. This shall include boathouses, piers, wharves,
crib docks, stake docks, floating docks and all such similar structures.
The following criteria shall apply to all docks:
(1)
No dock shall exceed eight feet in width.
(2)
No dock surface area shall exceed 700 square feet.
(3)
Any dock constructed or altered shall maintain a minimum
ten-foot setback from adjacent property lines as projected in a straight
line from the mean high-water mark to the nearest point of change
in direction of said line of more than 2°, plus or minus, in each
such adjacent property line.
(4)
A shoreline lot shall be allowed only one dock per
100 linear feet of shoreline frontage.
There may be allowed, upon special permit from
the Zoning Board of Appeals, satellite dish antennas located in rear
yards, not to exceed nine feet in diameter, securely mounted, with
an overall height not to exceed 15 feet.
[Added 4-7-1998 by L.L. No. 4-1998]
A.
Purpose. The purpose of these regulations is to promote
the health, safety and general welfare of the residents of the Town
of Moreau; to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunication towers in the community by encouraging
shared use of existing and future towers and the use of existing tall
buildings and other high structures; and to minimize adverse visual
effects from telecommunication towers by requiring careful siting,
visual impact assessment and appropriate landscaping.
B.
Applicability.
(1)
An application to the Planning Board for a special use permit pursuant to Article V of this chapter and this section to construct a telecommunication tower or to collocate on an existing telecommunication tower or tall structure shall be filed with the Building Department upon a form prescribed by the Planning Board. The requisite number of copies of the application shall be established by the Building Department.
(2)
No telecommunication tower, except those approved
prior to the effective date of this chapter, shall be used unless
in conformity with these regulations. No telecommunication tower shall
hereafter be erected, moved, reconstructed, changed or altered unless
in conformity with these regulations. Notwithstanding any provisions
to the contrary, telecommunication towers or any tall structures which
preexist the enactment of these regulations may be utilized for purposes
of collocation of antennas upon issuance of a special use permit by
the Planning Board.
(3)
These regulations shall apply to all property
within M-1, M-2 and CC-1 District as well as all town-owned property
within that portion of the R-2 District south of Nolan Road, west
to the Hudson River, south to Butler Road and to the east boundary
of said R-2 District. Telecommunication towers shall be specifically
excluded from all other zones.
(4)
Applicants proposing to collocate on previously approved telecommunication towers or tall structures in an M-1, M-2 or CC-1 District or portion of the R-2 District described above shall require a special use permit in accordance with Article V of this chapter and this section.
(5)
Applications for a building permit for new telecommunication
towers shall comply with all federal aviation laws and regulations.
A building permit for a new telecommunication tower will only be approved
if the proposed tower meets all applicable federal aviation standards.
C.
Shared use of existing tall structures. At all times,
shared use of existing tall structures (for example water towers,
multistory buildings, church steeples and farm silos) and existing
or approved towers shall be preferred to the construction of new towers.
An applicant must demonstrate that collocation on an existing tall
structure is impossible before construction of a new tower will be
approved.
(1)
An applicant proposing to share use of an existing
tall structure shall, in addition to a special use permit application,
submit:
(a)
A site plan showing all existing and proposed
structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for new facilities and roads. Any methods used to conceal
the modification of the existing facility shall be indicated on the
site plan.
(b)
Written documentation of intent from the owner
of the existing facility to allow shared use.
(c)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure and explaining what modifications, if
any, will be required.
(d)
A completed short environmental assessment form
(EAF) and a complete visual EAF addendum.
(e)
A copy of the applicant's FCC license.
(2)
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with this subsection, and if modifications indicated according to Subsection C(1)(c) above are deemed insignificant by the Planning Board, and after the Planning Board conducts a public hearing and complies with all State Environmental Quality Review Act (SEQRA) provisions, the Planning Board may grant approval without further review. However, the applicant shall be required to comply with Subsections S and T below. If the Planning Board determines that any modifications indicated according to Subsection C(1)(c) are significant, it may require further review according to Subsections F through R below.
D.
New telecommunication towers.
(1)
The Planning Board may consider issuing a special
use permit for a new telecommunication tower when the applicant demonstrates
that shared use of existing tall structures and existing or approved
towers is impractical.
(2)
An applicant shall be required to present an
adequate inventory and report and map of all existing tall structures
and existing or approved towers within the proposed towers search
ring or a five-mile radius from the proposed site, whichever is greater.
The report shall outline opportunities for shared use of existing
facilities as an alternative to a proposed new tower. The report shall
demonstrate good-faith efforts to secure shared use from the owner
of each existing tall structure and existing or approved tower as
well as documentation of the physical, technical and/or financial
reasons why shared use is not practical in each case. The applicant
shall verify, in writing, compliance with this provision.
(3)
The applicant must demonstrate that its proposed
telecommunications facility cannot be accommodated on an existing
site due to one or more of the following reasons, including:
(a)
The planned equipment would exceed the structural
capacity of existing and approved towers or other structures, considering
existing and planned use for those facilities.
(b)
The planned equipment would cause radio frequency
interference with other existing or planned equipment which cannot
be reasonably prevented.
(c)
Existing or approved towers or other structures
do not have space on which proposed equipment can be placed so it
can function effectively and reasonably.
(d)
The property owner or owner of existing tower
or other structure refuses to allow such collocation.
E.
Future shared use of new towers. The applicant shall
design a proposed new telecommunication tower to accommodate future
demand for reception and transmission facilities. The applicant shall
submit to the Planning 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
telecommunication providers in the future. This letter shall be filed
with the Building Inspector prior to issuance of a building permit.
Failure to abide by the conditions outlined in the letter may be grounds
for revocation of the approval. The letter shall commit the new tower
owner and his/her successor in interest to:
(1)
Respond within 30 days to a request for information
from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another
telecommunications provider agrees, in writing, to pay reasonable
charges. The charge may include but is not limited to a pro rata share
of the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance, financing, return
on equity, depreciation, measuring, monitoring and reporting requirements
and all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
F.
Site plan review submission requirements for new telecommunication
towers.
(1)
An applicant shall be required to submit a site plan in accordance with Article VI of this chapter. In addition, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires, anchors, antennas, parking and landscaping and fencing, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall
submit a completed long form EAF, a completed visual EAF and documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower and justification for any clearing required.
The applicant shall also submit a copy of its FCC license.
(3)
All new tower applications shall be deemed Type
I actions pursuant to SEQRA.
G.
Lot size and setbacks.
(1)
All proposed telecommunication towers and accessory
structures shall be located on a single parcel and shall be set back
on all sides from abutting parcels and street lines a distance equal
to 50% of the tower height to substantially contain on site all ice-fall
or debris from tower failure and preserve the privacy of any adjoining
property. Notwithstanding the foregoing, the minimum setback shall
be 100% of the tower height when the tower is located on a parcel
abutting residentially zoned or used property. All accessory structures
shall comply with the minimum setback requirements in the underlying
zoning district. The lease of a portion of a larger parcel shall be
considered a single parcel for purposes of these regulations.
(2)
Lot size of parcels containing a tower shall
be determined by the amount of land required to meet the setback requirements
or the minimum lot size of the applicable zone, whichever is greater.
If the land is to be leased, the entire area required shall be leased
from a single parcel unless the Planning Board determines that this
provision may be waived for good cause shown.
H.
Visual impact assessment. An applicant for a new telecommunication
tower is required to undertake a visual impact assessment which shall
include:
(1)
A "Zone of Visibility Map" in order to determine
locations where the proposed tower may be seen.
(2)
Pictorial representations of "before" and "after"
views from key viewpoints both inside and outside the town, including
but not limited to state highways and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Planning Board
shall determine the appropriate key sites at a presubmission conference
with the applicant.
(4)
Assessment of the visual impact of the tower
base, guy wires, accessory buildings and overhead utility lines from
abutting properties and streets.
I.
New tower design. Alternative designs shall be considered
for new towers. The design of a proposed new tower shall comply with
the following:
(1)
Any new tower shall be designed to accommodate
future shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact. The Planning Board may require the tower
to be of camouflage design in order to "disappear" into the background.
(3)
The maximum height of any new tower shall not
exceed that which shall permit operation without artificial lighting
of any kind or nature, in accordance with municipal, state and/or
federal law, rule and/or regulation. The Planning Board, at its discretion,
may modify this requirement if the applicant can justify the need
to exceed this height limitation, and the burden of proof shall be
on the applicant.
(4)
Permanent climbing pegs within 30 feet of the
ground are prohibited.
(5)
The Planning Board may request a review of the
application by a qualified engineer in order to evaluate the need
for, and the design of, any new tower. The cost of this shall be borne
by the applicant.
(6)
Accessory structures shall maximize the use
of building materials, colors and textures designed to blend with
the natural surroundings.
(7)
No portion of any tower or accessory structure
shall be used for a sign or other advertising purpose, including but
not limited to company name, phone numbers, banners and streamers.
(8)
No outside storage of vehicles, materials or
waste is permitted on the site, except for the limited period when
the facility is undergoing construction alteration or renovation.
J.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible. No cutting of trees exceeding
four inches in diameter (measured at a height of four feet above ground)
shall take place prior to approval.
K.
Screening. Deciduous or evergreen tree plantings and/or
berms may be required to screen portions of the tower and accessory
structures from nearby properties as well as from public sites known
to include important views or vistas. Where a site abuts residential
property or public property, including streets, screening shall be
required.
L.
Access. Adequate emergency and service access roads
shall be provided. Maximum use of existing access roads is required.
Access road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the toe of fill, the top of cuts
or no more than 10 feet beyond the edge of any pavement. Access road
grades shall closely follow natural contours to assure minimal visual
disturbance and soil erosion potential. The Planning Board may impose
such additional site control or mitigation measures as it determines
appropriate.
M.
Parking. Parking shall be provided to assure adequate
emergency and service access. The Planning Board shall determine the
location and number of parking spaces.
N.
Fencing. Notwithstanding any other provisions in the
Town Code, the tower and all accessory structures shall be adequately
enclosed by a fence at least eight feet in height and of a reasonable
design but with limited visual impact. This provision may be waived
by the Planning Board for good cause shown.
O.
Removal. The applicant shall submit to the Planning
Board a letter of intent committing the tower owner, and his/her successors
in interest, to notify the Building Department within 30 days of the
discontinuance of use of the tower and committing the tower owner
and property owner to remove the tower from the site within 120 days.
This letter shall be filed with the Building Department prior to issuance
of a building permit. Obsolete or unused towers and accessory structures
shall be removed from any site within 150 days from the date of discontinuance
of use of the tower. Failure to notify and/or to remove the obsolete
or unused tower and accessory structures in accordance with this subsection
shall be a violation of this chapter and shall be punishable by a
fine in the amount of $5,000 for each violation and $5,000 thereafter
for each day which the violation continues.
P.
Intermunicipal notification for new towers. In order
to keep neighboring municipalities informed, and to facilitate the
possibility that an existing tall structure or existing telecommunications
tower in a neighboring municipality will be considered for shared
use, and to assist in the continued development of county 911 services,
the Planning Board shall require that:
(1)
An applicant who proposes a new telecommunication
tower shall provide written notification to the legislative body of
each municipality that borders the Town of Moreau, 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 shared use.
(2)
Documentation of this notification shall be
submitted to the Planning Board at the time of application.
Q.
Notification of nearby landowners. The applicant shall be required to mail notice of the public hearings conducted pursuant to Articles V and/or VI of this chapter directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notification shall also be mailed to the administrator of any state or federal park land from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Planning Board prior to the public hearing.
R.
Bonding. The Planning Board shall require the applicant
and/or property owner to establish, prior to approval of any application,
a performance bond or an irrevocable letter of credit in an amount
sufficient to cover the completion of construction of the tower. The
amount required shall be determined by the Planning Board based upon
the characteristics of the tower and the site. The applicant and/or
owner shall cooperate with the Planning Board in supplying all necessary
data to the Planning Board prior to approval of any application.
S.
Measurement, monitoring and reporting requirements.
(1)
The applicant and/or owner shall file, or cause
to be filed, biannually with the Town Board, written reports on microwave
power density, radio frequency (RF) field density, RF signal characterization
and frequency and time-interval analyses, as obtained from field measurements
as described hereafter. Said reports shall be subject to verification
by an independent testing company. The decision for independent verification
shall rest solely with the Town Board with the costs borne by the
applicant.
(2)
Cobbs Test Protocol. Because wave propagation
can be complex, depending on such factors as frequency, power output,
nearby structures, topography, conductive materials such as metal
water towers, and unexpected couplings with other frequencies from
power lines or other radio towers, the Cobbs Test Protocol is recommended.
The Cobbs Test Protocol is designed to test various aspects of the
ambient background before a tower goes online and again afterward.
It is intended to provide a benchmark reading of RF and electromagnetic
field (EMF) environmental background for comparison to post-cellular
build out levels. This will give the community precise knowledge about
the RF and microwave (MW) radiation levels.
|
Cobbs Test Protocol
| ||
|
Test Modality
|
Suggested Equipment
| |
|
Microwave power density measured at several
locations
|
HP437B Power Meter with 8542A Thermistor sensor
and calibrated horn antenna, or equivalent, to include SWR measurements
at each setup
| |
|
RF field density using broad-band survey meter
|
Holaday Instruments RF Survey Meter with Isotropic
Broadband Probe, or equivalent
| |
|
Broad-band spectrum analysis covering the range
from 50 Hz to 2.9 GHz
|
HP 35665A (Low Freq.) and HP 8591A or HP 8560
(VHF to microwave), or equivalent
| |
|
Carrier noise measurement
|
HP 11729C Carrier noise test set, or equivalent
| |
|
Transmitter test and RF signal characterization;
also analyzer to record modulation characteristics of the detected
signals
|
HP 8901A Modulation, or equivalent
| |
|
Frequency and time-interval analysis to graphically
illustrate frequency and time and phase interval information
|
HP 5372A Freq. and time interval analyzer, or
equivalent
| |
|
60 Hz electric and magnetic field strength
|
Holaday Instrument low-frequency measurement
system with fiber optic isolation cable and accessories or Combinova
low-frequency magnetic field meter with fiber optic probe isolation
cable (60 Hz), or equivalent
|
(3)
Methods and data collection.
(a)
All tests must be conducted before tower construction
or operation, after the system is functional and biannually thereafter.
(b)
All possible antenna configurations and power
outputs must be examined.
(c)
Tests must be conducted during normal times
of day with other EM sources at normal operation.
(d)
Note all "hot spots" (areas or "nodes" of high
local intensity) and "nulls" (areas where fields may be sharply diminished
or canceled). A wide-area map shall be prepared that encompasses the
normal activities of the population which will be subjected to the
exposures. This map will become the template for all subsequent studies.
(e)
The exact coordinates of each test location
must be recorded on copies of the map.
(f)
The orientation of each antenna or probe shall
(as much as possible) be the same as the initial, and readings of
minimums and maximums shall be noted. Wherever possible, isotopic
antenna and probes should be used.
(g)
All parameters under test must be referenced
to the same coordinates at each test location.
(h)
Measurements must be taken at locations and
at heights above ground (or other surfaces).
(i)
Measurements shall not be made within 20 centimeters
of any object.
(j)
All equipment must be calibrated regularly by
an independent facility with traceable calibration sources. Written
documentation of biannual equipment calibration for each piece of
equipment shall be provided to the Building Department.
(k)
All test team members must show proof of training
on each piece of equipment as well as have familiarity with electric
and magnetic field measurement procedures. Written proof shall be
provided to the Building Department for each test team member each
time the member visits the town to perform measurement testing.
T.
Application to existing telecommunication towers or structures. The provisions of Subsection S, (Measurement, monitoring and reporting requirements), shall apply to all existing telecommunication towers or structures in the town on the effective date of this section, and such existing telecommunication towers or structures shall henceforth be maintained and operated in compliance with the provisions of this section and any amendments thereto.
