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.
(3) 
Assessment of alternative tower designs and color schemes, as described in Subsection I below.
(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.