In interpreting and applying this chapter, the
requirements contained herein are declared to be the minimum requirements
for the protection of the public health, morals, safety, comfort,
convenience and general welfare. This chapter shall not be deemed
to affect in any manner whatsoever any easements, covenants or other
agreements between parties; provided, however, that where this chapter
imposes a greater restriction upon the use of buildings or land or
upon the erection, construction, establishment, moving, alteration
or enlargement of buildings than is imposed by other ordinances, rules,
regulations, licenses, certificates or other authorizations or by
easements or covenants or agreements, the provisions of this chapter
shall prevail. Except as hereinafter provided, the following general
regulations shall apply.
No building shall be erected, moved, altered,
rebuilt or enlarged nor shall any land or building be used, designed
or arranged to be used for any purpose or in any manner except in
conformity with this chapter for the district in which such building
or land is located. Any use not specifically permitted by this chapter
is prohibited.
Every building hereafter erected shall be located
on a lot, as herein defined. There shall be not more than one main
building and its accessory buildings on one lot except for nonresidential
buildings and multifamily dwellings in districts where such uses are
permitted.
No yard or other open space provided about any
building for the purpose of complying with the provisions of these
regulations shall be included as any part of the yard or open space
for any other building; no yard or any other open space on one lot
shall be considered as a yard or open space for a building on any
other lot.
Should a lot be hereafter formed from the part
of a lot already occupied by a building, such separation shall be
effected in such manner as not to impair conformity with any of the
requirements of this chapter with respect to the existing building
and all yards and other required spaces in connection therewith, and
no permit shall be issued for the erection of a building on the new
lot thus created unless it complies with all the provisions of this
chapter.
Where a question exists as to the proper application
of any of the regulations of this chapter to a particular lot or parcel
because of peculiar or irregular shape of the lot or parcel, the Board
of Appeals shall determine how such regulations shall be applied.
No permit shall be issued for any structure unless the lot upon which the structure is to be built has a frontage of at least the minimum width prescribed for the zone in which located on a street or highway, as defined in § 280-a of the Town Law, which street or highway shall have been suitably improved or a bond posted therefor, as provided in said law, except where the Planning Board has approved a lesser width as part of a subdivision plan, as authorized by § 240-16.
A.Â
Simultaneously with the approval of a subdivision plat, and pursuant to § 278 of the Town Law, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions where, for reasons of topography, shape or dimensions of the area to be subdivided, such modification would permit a better subdivision layout, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the required minimum area, that no more than 20% of the lots shown on the plats shall have less than 80% of the minimum area specified in Articles IV through VII, and further provided that no lot shall have a width at any point or a street line frontage of less than 25 feet.
[Amended 7-17-1996 by L.L. No. 14-1996]
B.Â
Each approved modification of the zoning regulations
shall be noted specifically on the plat, and a copy of the plat shall
be filed with the Town Clerk. Upon the filing of said plat in the
office of the County Clerk, the approved modifications shall be recorded
as a part of this chapter.
[Amended 7-17-1996 by L.L. No. 14-1996]
In areas adjacent to flood-hazard areas, all buildings and structures shall be erected in compliance with this chapter and Chapter 110, Flood Damage Prevention.
All accessory uses shall be located on the same
lot with the principal uses to which they are accessory.
[Added 2-15-1995 by L.L. No. 3-1995]
A.Â
Required conformity. No cellular telephone facility
shall hereinafter be used, erected, moved, reconstructed, changed
or altered unless in conformity with the following specific regulations.
B.Â
Exceptions. Exceptions to these regulations are limited
to private transmission towers that are new uses accessory to residential
uses, so long as the height of any such use does not exceed other
height limitations provided for in this chapter or the elevation of
the surrounding neighboring treeline, whichever is greater, and approved
uses existing prior to the effective date of these regulations.
C.Â
Site plan.
(1)Â
An applicant seeking approval for a telecommunications tower or antenna is required to submit a site plan in conformance with applicable site plan submission requirements, except to the extent that Chapter 177, Site Plan Review, may otherwise provide for a waiver of any such requirements. The site plan shall show all existing and proposed structures and improvements and shall include documentation on the proposed intent and capacity of the use, as well as justification for the height of any tower or antenna.
(2)Â
The Planning Board shall require that the site
plan submission include a completed visual environmental assessment
form (visual EAF) and, if applicable, a landscape plan addressing
other standards listed in this section, with particular attention
to visibility from key viewpoints identified in the visual EAF, existing
treelines and proposed elevations.
(4)Â
A report shall be submitted, prepared by a licensed
professional engineer which, in the case of a tower, describes the
tower height and design, including a cross section of the structure;
demonstrates the tower's compliance with applicable structural standards;
and describes the tower's capacity, including the number and type
of antennas it can accommodate. In the case of an antenna mounted
on an existing structure, the report shall indicate the existing structure's
suitability to accept the antenna and the proposed method of affixing
the antenna to the structure. Complete details of all fixtures and
couplings and the precise point of attachment shall be indicated.
D.Â
Shared use.
(1)Â
The shared use of existing towers and antenna
facilities shall be preferred to the construction of new such facilities.
The applicant shall submit an adequate report inventorying existing
towers and antenna sites within a reasonable distance from the proposed
site outlining opportunities for shared use as an alternative to the
proposed use. The applicant must demonstrate that the proposed tower
or antenna cannot be accommodated on an existing approved tower or
facility due to one or more of the following reasons:
(a)Â
The planned equipment would exceed the structural
capacity of existing and approved towers and facilities, considering
existing and planned use for those facilities.
(b)Â
The planned equipment would cause radio frequency
interference with other existing or planned equipment which cannot
be reasonably prevented.
(c)Â
Existing or approved towers or facilities do
not have space on which proposed equipment can be placed so it can
function effectively and reasonably.
(d)Â
Other reasons make it impracticable to place
the equipment proposed by the applicant on existing and approved towers
or facilities.
(2)Â
Approval of a proposed antenna to share an existing
tower or facility shall be conditioned upon the applicant's agreement
to pay all costs of adapting an existing facility to a new shared
use. These costs can include structural reinforcement, preventing
transmission or receiver interference, additional site screening and
other changes required to accommodate shared use.
E.Â
Nonionizing electromagnetic radiation (NIER) threshold.
The applicant shall submit a safety analysis of the electromagnetic
environment surrounding the proposed site. The safety analysis shall
be prepared by a qualified electromagnetic engineering specialist
or health professional qualified to produce such analysis. The safety
analysis must demonstrate that the nonionizing electromagnetic radiation
(NIER) emanating from the antenna not exceed threshold levels (550
milliwatts per centimeter square). The analysis shall indicate the
horizontal and radial distance from the NIER source to the nearest
property line and the nearest residential structure. The study shall
then provide the ambient NIER levels in the frequency range of the
proposed source measured at the two points identified above. The calculated
NIER level at any one of the two points listed above shall not exceed
one-fourth (1/4) of the threshold level.
F.Â
Setbacks. Antennas or sources of NIER situated in
the Recreation District shall be setback from the nearest neighboring
residential property by a distance not less than 1,200 feet. Antennas
or sources of NIER situated in the LI District shall comply with the
existing setbacks applicable to that zone. All related accessory facilities
and structures, including but not limited to equipment sheds, parking
areas, anchors, bases and pads, shall comply with the existing setbacks
and dimensional regulations established for accessory uses in the
appropriate zone, except for the height of the cellular telephone
tower.
G.Â
Inspection. Towers shall be inspected annually for structural integrity and continued compliance with the thresholds in Subsection E by a licensed professional engineer. A copy of the inspection report shall be submitted to the Town Building Inspector or the Director of Building Code Enforcement and Land Use Administration indicating repairs made.
[Amended 3-15-1995 by L.L. No. 4-1995; 10-16-2002 by L.L. No.
10-2002; 1-20-2016 by L.L. No. 1-2016]
H.Â
Visibility. All towers and antennas shall be sited
to have the least possible practical visual effect on the environment.
Towers shall not be artificially lighted unless otherwise required
by the Federal Aviation Administration or other federal, state or
local authority. Towers shall be a galvanized finish or painted grey
above the surrounding treeline and grey or green below the treeline.
I.Â
Screening. Where a cellular telephone facility abuts
residential, parkland or other open space, the following vegetative
screening shall be provided. One row of native evergreen shrubs or
trees capable of forming a continuous hedge at least five feet in
height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities. Additional screening
may be required to screen portions of the tower from nearby residential
property or important views.
The schedule of regulations, Articles IV through VII, which defines the use of land and buildings, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking space, loading space and all other matters contained herein as indicated for the various districts by this chapter, is hereby adopted and declared to be a part of this chapter. The regulations listed for each district as designated, reading from left to right across the schedule, are subject to all other provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. Only those uses specifically listed as being permitted shall be permitted.
