Town of Orangetown, NY Article VIII Conditional Use Standards

[Added 8-15-1988 by L.L. No. 5-1988]

§ 8.1 General conditions and standards.

Prior to approving any conditional use, the Planning Board shall determine the conformity of such use and the proposed development therefor with conditions and standards as set forth in this local law. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this local law, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for conditional use approval are as follows:

A. The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.

B. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.

C. The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.

D. The proposed use will not require such additional public facilities or services or create such fiscal burdens upon the Town greater than those which characterize uses permitted by right.

E. As a condition of all special permit and conditional use permits, right of entry for inspection with reasonable notice shall be provided for to determine compliance with the conditions of said permit.

F. As a condition of all conditional use permits, a time limitation may be imposed.

§ 8.2 Dormitories.

Dormitories are permitted only as accessory uses to schools of general instruction, subject to the following supplemental requirements:

A. There shall be a minimum lot area of 1,800 square feet provided per dormitory bed, exclusive of the lot area allocated and devoted to the principal and other accessory buildings on any site, including the required yards and/or setbacks, buffers and parking facilities for said buildings.

B. The minimum distance between a dormitory and any other building on the lot shall be 50 feet.

C. The minimum distance between any dormitory and any interior driveway shall be 25 feet.

D. The maximum height of any dormitory shall be two stories or 25 feet, whichever is less.

E. No dormitory room or dwelling unit shall be permitted in any cellar or basement.

F. All dormitories shall be equipped with sprinkler and fire alarm systems in accordance with the Town of Orangetown Fire Prevention Code[1] and the New York State Uniform Fire Prevention and Building Code.

[1] Editor's Note: See Ch. 15, Fire Prevention Code.

§ 8.3 Hotels and motels.

A. Hotel and motel units shall not contain kitchen facilities of any nature, shall not be used as apartments for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two. There shall be no more than one hotel or motel unit for each 1,400 square feet of site area, exclusive of required yards.

B. Each hotel or motel room shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with shower or bath, one toilet facility and sink. No motel or hotel building shall exceed a height of two stories or 25 feet and four stories or 40 feet, respectively, whichever is less.

C. The following accessory uses shall be permitted:

(1) One apartment with or without kitchen facilities for the use of the hotel or motel manager or caretaker and his family.

(2) One coffee shop for hotels or motels with no more than 100 rooms. For hotels or motels of over 100 rooms, a restaurant and a coffee shop are permitted. Such facilities shall be located within the hotel or motel building.

(3) Amusements and sports facilities for the exclusive use of hotel guests, including:

(a) Swimming pool.

(b) Children's playground.

(c) Tennis and other game courts.

(d) Game or recreation rooms.

(4) Office and lobby, provision of which shall be mandatory for each hotel or motel.

(5) Meeting and/or conference rooms.

D. All hotels and motels shall be equipped with sprinkler and fire alarm systems in accordance with the Town of Orangetown Fire Prevention Code[1] and the New York State Uniform Fire Prevention and Building Code.

[1] Editor's Note: See Ch. 15, Fire Prevention Code.

§ 8.4 Standards for harboring, boarding or training of animals.

The harboring, boarding or training of animals, not including stables, except as otherwise provided in § 3.11, Use Table, whether enclosed in a structure or on open land and whether or not accessory to other principal uses of the land, shall be conducted in accordance with the following general standards:

A. In issuing the conditional use approval for animal kennels, the Planning Board shall stipulate the maximum number and type of animals to be boarded, harbored or trained. That number shall not exceed the quotient of 10,000 square feet of net lot area per 100 pounds of animal body weight characteristic of the species so harbored. The square footage of the net lot area is that area of the lot excluding the area of any required yards.

B. In considering the application for a conditional use permit for the animal kennel use, the Planning Board shall consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.

§ 8.5 Stables and riding academies.

A. One stable stall shall be provided for each horse housed on the site, and there shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 200 feet of any lot line. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Screening shall be required between such use and any other nonagricultural use.

B. Public events, demonstrations, horse shows, rodeos and competitive events held in connection with riding academies or stables shall be considered principal uses for purposes of lot area and setback and shall conform to § 3.12, Bulk Table.

§ 8.6 Gasoline service stations.

Gasoline service stations are conditional uses in CC and LI Districts and subject to the restrictions as set forth in § 3.11, Use Table, as well as the following standards:

A. No stations shall be located closer than 200 feet from a school of general instruction, public recreation area, church or hospital, measured to the lot lines thereof.

B. Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.

C. Pumps, pump islands and canopies are structures and shall not be located in any required yards, except that the Planning Board may allow canopies to extend into any yard. No outdoor display of products not associated with the gasoline service station use shall be permitted.

D. Screening. A ten-foot-wide landscaped area shall be provided along all gasoline service station property lines, excluding the front line, property lines adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen. All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level. Furthermore, no planting shall cause a hazardous condition by interfering with the normal line of sight [350 feet in either direction] needed for safe entering and exiting maneuvers by motor vehicles.

E. Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:

(1) All vehicles at gasoline service facilities, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No car, truck or trailer rentals shall be permitted.

(2) There shall not be any outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.

(3) Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.

(4) No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.

(5) During the hours that a gasoline service station is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.

(6) All landscaped areas designated on the gasoline service station site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.

F. Vehicle sales prohibited. The offering for sale and sale of new or used motor vehicles is prohibited. This prohibition includes the display of registered or unregistered vehicles with any "for sale" sign thereon.

G. Discontinuance of use. In the event that a gasoline service station is abandoned, as determined by the Building Inspector, the owner, lessee and/or motor fuel supplier of said gasoline service station shall immediately remove the tanks, gasoline pumps, all identification signs and lighting poles. In lieu of removing the tanks, said owner and/or lessee shall remove the flammable liquids therefrom and fill all tanks with water for a three-month period only, and thereafter with a solid material. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.

§ 8.7 Automobile washing facilities.

Automobile washing facilities may be permitted by the Planning Board as provided in § 3.11, Use Table, subject to the following requirements:

A. Such establishments shall not be located closer than 400 feet from any residential district boundary line, school, hospital, nursing home or other similar institutional use.

B. Each establishment shall provide parking/waiting areas equal in number to six times the maximum capacity. Four times the maximum capacity shall be provided for automobiles beyond the exit of the equipment so situated as to be usable for the hand finishing of the washing process and which shall be no closer than 50 feet to any street right-of-way line. A maximum capacity shall be determined by dividing the equipment line by 20 feet.

C. Disposal of wash water shall be subject to approval by the Planning Board.

D. Where gasoline service stations are either a principal use or accessory use with automobile washing facilities, the requirements of § 8.6 shall also be adhered to in granting approval of such uses.

§ 8.8 Camps, day camps, summer colonies and recreational facilities.

A. The Planning Board may permit camps, day camps, summer colonies and recreational facilities, such as golf courses and tennis and swim clubs, upon terms and conditions limiting the periods of operation.

(1) Access to such facilities shall be limited to improved state, county or Town roads shown as major roads on the Official Map. Such facilities shall be adequate to preclude the necessity of pedestrian traffic outside the approved facility, except for travel within a state or county park or parkway.

(2) Camps, day camps and summer colonies may include such structures as bungalows, tent stands and cottages, provided that no heating or plumbing facilities are installed that permit residential year-round occupancy. Covenants precluding such occupancy shall be recorded in the County Clerk's office.

(3) Camps, day camps and summer colonies shall not be deemed to include any trailer or recreation vehicle campers' facilities, nor shall accommodations of any sort be offered for transient or overnight camping.

B. Swimming clubs or swimming pools, other than private residential swimming pools, shall be classified and located as follows:

	Type of Pool (class)	Maximum Area (square feet)	Minimum Setback From Any Property Line (feet)
	A	Over 3,500	200
	B	Over 2,500	175
	C	Over 1,500	150
	D	1,500 or less	100

C. All recreational facilities shall comply with the minimum yard requirements of § 3.12, Bulk Table.

D. Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property.

E. Noise. A public-address system or any other amplified noises are prohibited.

F. Parking. All parking areas and spaces shall have dustless surfaces.

G. Enclosed buildings. All facilities such as casinos and recreational halls shall be located within completely enclosed buildings.

§ 8.9 Automobile sales and service agencies.

Automobile sales and service agencies for the sale and servicing of new and used motor vehicles, accessories and customary accessory uses may be permitted, provided that such agencies are franchised dealers or factory-owned dealerships of new motor vehicles and that all operations are conducted from the same site and subject to the following requirements:

A. No such facility shall be closer than 500 feet (measured along the designated street line) to any residential district boundary, institutional or nonprofit use or school of general instruction. Such use may be permitted within 100 feet of a residential district along a rear lot line.

B. The display area for vehicles shall not exceed 110 feet extending between the front yard line and principal building, and not more than 10 vehicle display spaces shall constitute a display group, with each group being separated by significant landscape elements.

C. The lighting level shall not exceed three footcandles within a display area, and no banners, pennants and string flags are permitted. No signs, including numbers, prices or other advertising message, shall be displayed so as to be visible to the public right-of-way, except display window area.

D. All motor vehicle storage other than the display area and customer parking shall be fully fenced and screened from the side and rear property lines. All other accessory uses, including servicing, shall be conducted within fully enclosed structures. Gasoline service, if provided, shall be located to the rear of the principal building. Oil and gasoline storage shall be solely in underground tanks.

E. Where the use involves display or sales of recreational vehicles with gross vehicle weight exceeding 5,000 pounds, or trucks and commercial vehicles such as buses or tractors, the Planning Board shall increase the applicable yards by a factor computed on the basis of the vehicle height divided by five feet six inches.

§ 8.10 Contractor's storage yards.

Contractor's storage yards may be permitted in the LI District, subject to the following requirements:

A. The Planning Board may require that all building materials, equipment and supplies be located within enclosed buildings or open sheds.

B. Outdoor storage areas, if any, shall be limited to those specific locations and designated limits approved by the Planning Board. Such outdoor storage areas shall be heavily screened and landscaped from all street lines and lot lines, as may be required by the Planning Board.

C. The Planning Board may require conformance with any requirements recommended by the Fire Department having jurisdiction. In no case shall the storage of any combustible materials be permitted within 150 feet of any lot line.

D. The Planning Board may require conformance to any other necessary requirements in order to prevent a nuisance to neighboring properties by reason of dust, noise, odor or any other nuisance which the Planning Board feels will be associated with the intended use.

§ 8.11 Flea markets.

Flea markets may be permitted in the LI Zoning District subject to the following requirements:

A. The applicant shall provide information as to the number of booths and vendors, the type of merchandise to be sold and the hours of operation.

B. Access points for flea market sites shall not be located closer than 150 feet from the designated street lines of any street intersection. The internal vehicular traffic circulation system shall be designed to provide for safe and convenient travel without the potential for traffic backing into the public travel way or creating hazardous conditions for vehicles and pedestrians within or proximate to the site.

C. For the purpose of required yards and setbacks, booths, tables and other display areas in outdoor flea markets shall be considered structures and may not be located in any required yard or setback. For purposes of parking computation for an outdoor flea market, the floor area would be determined by defining the perimeter of that area which would accommodate all of the display areas, aisle space, storage areas and other accessory uses if the entire operation were enclosed within a structure. No outdoor display of merchandise shall be permitted accessory to any indoor flea market.

D. Adequate facilities for refuse disposal shall be provided so as not to cause objectionable odors or appearance or create a health hazard, particularly where the merchandise sold includes food products. Refuse disposal areas shall be enclosed on all sides.

E. Sanitary facilities shall be provided for outdoor flea markets either through the use of portable lavatories or by making more permanent rest room facilities on the site available for use by the flea market patrons.

F. For permanent flea markets, business identification signs shall be limited to only those permitted pursuant to § 3.11, Use Table, Column 5. No directional signs identifying the flea market location shall be permitted off-site.

G. Temporary flea markets. In order to be considered temporary, a flea market may not operate for more than seven consecutive days or more than twice annually.

(1) A temporary flea market shall be a permitted usage of the site for only the hours and dates specified in the conditional use approval.

(2) In addition to the signs permitted in § 3.11, Use Table, Column 5, two temporary directional signs not to exceed four square feet in area each shall be permitted off-site; provided, however, that their location is approved by the Planning Board, written permission to erect the sign(s) is granted by the property owner upon whose property the signs are placed, and they are removed no later than one day after the flea market ends.

(3) The flea market operator shall clean up the site and remove all temporary structures, signs and lighting within one week after the flea market ends.

§ 8.12 Housing developments for physically handicapped.

A. No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for a superintendent may be provided which shall consist of no more than three bedrooms.

B. Except for the superintendent and his family, the occupancy of a housing development for the physically handicapped shall be limited to single persons who qualify as physically handicapped under present, future or amended definitions of the governmental agency providing subsidy or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to families, the head of which so qualifies, except that occupancy of a dwelling unit by a family, the head of which is not physically handicapped, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant.

C. Within the housing development, certain related accessory facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no exterior advertising. Such facilities shall be expressly approved by the Planning Board. Approval of a special permit and site development plan for dwelling units in a housing development for the physically handicapped in no way constitutes approval for installation of any type of related facility.

D. The gross site density shall not exceed 10 units per acre.

E. The maximum building height shall be 15 feet or one story.

F. The minimum distance between detached buildings shall be 1 1/2 times the taller building.

G. Suitably equipped and adequately maintained recreation and open space shall be provided. A minimum of 300 square feet of usable open space shall be provided per dwelling unit. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

H. There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to the needs of the physically handicapped; such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

I. Facilities for refuse disposal shall be provided for all dwelling units. Central collection areas shall be maintained and conveniently located for all groups of units. The collection areas shall be properly screened and supplied with all covered receptacles required for tenant use.

J. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line; these dimensions may be reduced by the Planning Board upon site plan approval where local conditions warrant. Such areas between said facilities and lot lines shall be landscaped with suitable screening.

K. The front yard depth may be reduced by the Planning Board upon site development plan approval where local conditions warrant and substitute measures are provided for the protection of neighboring properties.

§ 8.13 Fast-food restaurants.

A. Location. No fast-food restaurant shall be located within 300 feet of any residential district or of any lot line of a school, place of worship or another fast-food restaurant.

B. Traffic impact. The Planning Board shall, in each individual case, consider the potential traffic impact of the proposed fast-food restaurant on the adjoining road system and on the parking areas affected. Where said Board determines that such traffic may have a significant, adverse impact, it may deny the application or it may require such reduction in scale or other modification of the size and nature of the proposed facility as, in the opinion of said Board, will be adequate to reduce the estimated impact to an acceptable level.

C. Waste material. All waste material shall be stored in rodentproof containers which shall be kept in a screened or enclosed location and shall be removed from the premises each day, with the exception of Sundays and holidays.

D. Other requirements. In addition to the special standards described above and the general standards for conditional uses as set forth in this local law, the Planning Board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on hours of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this local law.

§ 8.14 Satellite television antennas.

[Added 4-27-1992 by L.L. No. 5-1992; amended 12-11-1995 by L.L. No. 35-1995; 9-9-1996 by L.L. No. 7-1996]

A. Purpose and intent. The purpose and intent of this section is to further the health, safety and welfare of the citizens of the Town of Orangetown. More specifically, the Town Board finds that the uncontrolled proliferation of certain receive-only antennas is likely to and will adversely affect the health, safety and general welfare of the citizens of Orangetown. Among other things, reasonable controls contribute to good appearance of the Town, stabilize property values, assure the safety of the owners and, in general, contribute to the preservation of a pleasant community in which to work and live. This section is intended to fully comply with the Report and Order of the Federal Communications Commission released March 11, 1996 which amended Title 47, Part 25, of the Code of Federal Regulations, Section 25.104, Preemption of Local Zoning of Earth Stations, to the extent that the Report and Order validly preempts local zoning regulations deemed unduly restrictive with respect to satellite television receiving antennas. The Town hereby determines that the bulk and visual impact of such antennas create aesthetic problems making it appropriate to have some special limitations as to size and placement thereof. However, this section shall be construed and administered so as not to unduly hamper reasonably satisfactory reception of satellite television signals.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

SATELLITE ANTENNA

Any parabolic disk or any other device or structure which is capable of transmitting or receiving through the air from or to a satellite in a GEO stationary orbit television, radio, light, microwave and/or other electrical signals, waves and/or communication.

C. Preemption. This section shall not apply to:

(1) Any satellite antenna that is three meters (three meters at 39.37 inches equals 118.11 inches) or less in diameter and is located or proposed to be located in any nonresidential zoning district.

(2) Any satellite antenna that is one meter (39.37 inches) or less in diameter in any zoning district.

D. General regulations.

(1) No person, corporation, partnership or other entity shall cause, suffer or permit the erection and/or maintenance of a satellite antenna within the Town of Orangetown without first obtaining a building permit, and no installation or erection shall commence before such permit is issued. Construction in a commercial zone requires a building permit.

(2) The maximum number of satellite antennas allowed per lot, or per project site in the case of apartments, condominiums or similar types of complexes, shall be one, and the satellite antenna shall be located on the same site it services.

E. Application for permit.

(1) Any person, corporation, partnership or entity who desires to erect or install a satellite antenna shall apply to the Office of Building, Zoning and Planning Administration and Enforcement (OBZPAE) for a permit. An occupant, renter or co-owner shall have the written permission of all owners of the lot, premises or parcel within the Town on which such satellite antenna is proposed to be installed or erected.

(2) The applicant shall submit a written application upon forms provided by OBZPAE and shall also submit:

(a) A plot plan of the property or parcel of land, acceptable in form and content to the Building Inspector, which shall be prepared to a scale and in sufficient detail and accuracy so as to accurately depict the placement of all component parts of the satellite antenna, including any guy wires or enclosures, in relation to:

[1] The location of property lines and permanent easements.

[2] The location of all structures on the site and all structures on any adjacent property within 10 feet of the property lines.

[3] The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures, if any.

(b) The dimensions of said satellite antenna, including its width, depth and height.

(c) All information prepared by the manufacturer, distributor and retailer of the satellite antenna for which a permit is being sought, including but not limited to the following:

[1] The make and model.

[2] The manufacturer's suggested maintenance and/or inspection procedures.

[3] The manufacturer's suggested installation instructions.

(d) A written statement showing the name of the owner or the person in control of the building(s) on the premises where such satellite antenna is to be located and the right or authority to obtain a permit.

(e) Such other information as the Building Inspector may reasonably require to comply with the provisions of this chapter.

(f) An affidavit stating that the applicant has obtained all other licenses, permits and approvals required by law for the erection, construction, installation and operation of such satellite antenna.

(3) The written application shall indicate the names of the owners of the subject property, the occupant or occupants of the subject property and the contractor or other person proposed to construct or erect the proposed satellite antenna.

(4) The Building Inspector or his designee may issue the permit, provided that the applicant has met all the requirements of this section.

F. Conformance with Town standards required.

(1) All satellite antennas shall be deemed an accessory use as said term is defined in the Zoning Code of the Town of Orangetown and therefor only permitted on a lot which contains a principal structure and shall be subject to all regulations set forth in said Zoning Code governing accessory uses.

(2) All satellite antennas shall be designed in conformance with all standards, rules and regulations of government entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel, or such other professional as may be deemed appropriate by the Building Inspector, shall be submitted to the Building Inspector as a condition of the issuance of the permit required by this section.

G. Location and size. No satellite antenna exceeding 18 inches in diameter, including its mount, shall be built, erected or modified until a building permit is issued by the Building Inspector.

(1) No satellite antenna may be placed in the front yard of any lot.

(2) A satellite antenna may be placed on a lot only in the rear yard; provided, however, that, on a clear and convincing showing that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Building Inspector may permit the satellite antenna to be located in the side yard. If such signal cannot be obtained in either yard, the applicant can appeal to the Zoning Board of Appeals and, upon a clear and convincing showing that a satisfactory signal cannot be obtained in either yard, the Board shall permit the satellite antenna to be located on the roof of any main or accessory building on the lot.

(3) The location of satellite antennas shall be regulated as accessory structures and subject to zoning setback requirements. Supplemental to the setback requirements are the following regulations:

(a) Satellite antennas located in the rear yard shall be placed where there is sufficient space within the building envelope within the rear setback line and the rear building line of the principal building and within the area between the linear planes extending into the rear yard from side lines of the principal building.

(b) Satellite antennas located in the side yard shall be placed when there is sufficient space within the building envelope in the area.

(c) When there is not sufficient space within the building envelope, the satellite may be placed within the setback areas upon approval of the Building Inspector.

(4) All roof-mounted antennas must be placed in the rear of the roof, and those extending more than three feet above the ridgeline of the roof on which the satellite antenna is placed, shall be concealed from ground level view.

(5) No ground-mounted satellite antenna shall be higher than 12 feet. Upon a clear and convincing showing that a satisfactory signal cannot be obtained at 12 feet, the Zoning Board of Appeals may permit the antenna height to be increased to a height sufficient to receive a signal.

(6) All ground-mounted satellite antennas shall be screened by landscaping from ground level view of persons on streets and surrounding lots. Said screening is not required to be so complete that it interferes with the reception of the antenna.

(7) The installation of a satellite antenna on a flat roof is permitted in the LI, LO, LIO, OP, CS and CC Districts and on all public and private schools and municipal buildings, provided that such roof installations higher than three feet above the roof line shall be concealed from public view.

(8) No satellite antenna erected or maintained within the Town of Orangetown shall exceed, in any dimension, 12 feet in height, width or depth. All measurements of height shall be taken from the base at ground level. All measurements shall include all attachments, supports, guy wires and other equipment attached to or being a part of the satellite antenna. No part of the satellite antenna (except for footings or foundations or buried wire) shall be located below ground level.

[Amended 3-10-1997 by L.L. No. 4-1997]

(9) It is the express intent of this section not to apply to satellite antennas of 18 inches in diameter or less, which antennas may be roof-mounted without application to the Building Inspector and which are exempt from the regulations of this section.

H. General regulations.

(1) The color of any satellite antennas must be neutral and bear no advertisement, emblem or information other than the name of the manufacturer in letters not to exceed two inches in height.

(2) There shall not be more than one satellite antenna per lot.

(3) All satellite antennas shall be grounded against direct lightning strike and shall be erected in a secure, wind-resistant manner.

(4) All wiring necessary for the use of the satellite antenna between any ground-mounted antenna and a building or between the building on which the antenna is located and any other building on the lot shall be buried underground.

(5) Each ground-mounted satellite antenna shall be enclosed with wooden or wire mesh fence having a height of six feet in order to prevent unauthorized persons from gaining access to the antenna. The fence required hereby may be constructed on the perimeter of the property, but the requirements for landscaping to screen the antenna set forth in this section shall remain in effect, even if the fence is at or near the perimeter of the property rather than in closer proximity to and surrounding the antenna and mount.

I. Variances. Applications for variances from the terms of this section may be presented to the Zoning Board of Appeals of the Town of Orangetown by utilizing the same procedures and under the same terms and conditions as are set forth for variance applications under the Town Law of the State of New York and the rules and regulations of the Orangetown Code.

J. Inspections; violations and penalties.

(1) The Building Inspector is empowered to inspect and reinspect erected or installed satellite antennas. Whenever it shall appear to the Building Inspector that any satellite antenna has been constructed or erected or is being maintained in violation of any terms of this chapter or is unsafe and insecure or has been allowed to deteriorate in appearance and/or maintenance or is in such condition as to be a menace to the safety of the public, he shall thereupon issue or cause to be issued a notice, in writing, to the owner, if the whereabouts of such owner is known, informing such person of the violation of this section or of the dangerous condition of such satellite antenna and directing him to make such alteration or repair thereto or to do such things or acts as are necessary or advisable to place such structure in a safe, substantial and secure condition and to make the same comply with the requirements of this section and chapter within such reasonable time as shall be stated in such notice. Upon failure to comply with such notice within the specified time, the Building Inspector may cause such satellite antenna or such part thereof as is constructed or maintained in violation of this section to be removed and may charge the expense of such removal to the person so notified; provided, however, that nothing herein contained shall prevent the Building Inspector from adopting such precautionary measures as may be necessary or advisable in case of imminent danger to the public or to adjoining property to place such satellite antenna in a safe condition, the expense of which shall be paid by the owner.

(2) No person, firm or corporation shall erect or maintain a satellite antenna except in compliance with provisions of this section.

(3) The fines and penalties for a violation of this section shall be in accordance with the Orangetown Zoning Code § 10.6, Penalties for violations.

K. Effect on existing structures. Subject to the provisions of this section, any approved satellite antenna now existing in the Town is hereby declared to be a legal nonconforming structure; provided, however, that any such legal nonconforming structure which is not screened as provided for in this chapter shall be brought into compliance with the screening provisions of this section.

L. Removal. Every person, corporation, partnership or other entity maintaining a satellite antenna shall, upon vacating the premises where the satellite is maintained, forthwith remove such satellite antenna.

§ 8.15 Wireless communication facilities.

[Added 5-12-1997 by L.L. No. 8-1997]

A. Legislative intent.

(1) The purpose of this section is to provide the Town of Orangetown with the authority to regulate utility infrastructure for the provision of wireless communication facilities within the Town, to encourage the siting of wireless communication facilities in nonresidential areas and on existing structures, to address the safety, visual and aesthetic aspects of wireless communication facilities and to provide for public input in the process of siting wireless communication antenna towers.

(2) The Town Board finds the regulation of wireless communication facilities is necessary: to protect the predominantly suburban residential character of the Town and the property values of the community; to protect schools, parks, churches, playgrounds and historical sites and structures; to preserve scenic areas; to minimize aesthetic impacts; to preserve the health and safety of residents; and to recognize the need of wireless communication service providers to relay signals without electronic interference from other service providers' operations, while not unreasonably limiting competition among them.

(3) The Town Board declares that the protection of residential areas of the Town to be of paramount importance and that any local regulations of wireless communication facilities must furnish all possible protection for residential areas, and further declares that the provisions of this section are to be interpreted to favor protections of residential areas. The Planning Board shall, before issuing a special permit for a wireless communication facility in a residentially zoned area, satisfy itself that all other alternatives have been exhausted.

(4) In general, consolidations, shared use and co-location of antenna and antenna-mounting structures is preferred to the construction of new facilities.

B. Statutory authority and jurisdiction.

(1) This section is hereby enacted pursuant to the provisions of § 10 of the Municipal Home Rule Law.

(2) The authority to issue special permits as provided in this section is hereby delegated by the Town Board to the Planning Board of the Town of Orangetown.

(3) Reference herein to the several zoning districts are references to such districts as described in Chapter 43 of the Orangetown Code.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANSI

American National Standards Institute.

ANTENNA

A system of electoral conductors for radiating or receiving radio waves.

ANTENNA, WIRELESS COMMUNICATION

Any device, including the supporting structure and all related appurtenances, used for the transmission and reception of radio waves as part of wireless two-way communications.

CO-LOCATION

The mounting of wireless communication antennae used by two or more providers on the same antenna support structure, monopole or antenna tower.

FCC

Federal Communications Commission.

FREQUENCY

The number of sinusoidal cycles made by electromagnetic radiation in one second; usually expressed in units of hertz (HZ).

HISTORIC SITES AND STRUCTURES

Any site designated by municipal, county, state or federal agencies as having significance as a historic site or structure.

NIER (NONIONIZING ELECTROMAGNETIC RADIATION)

Electromagnetic radiation of such frequency that the energy of the radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.

RF

Radio frequency.

SCENIC AREAS

Any area with a defined boundary and designated by municipal, county, state or federal agencies as having scenic significance.

WIRELESS COMMUNICATION FACILITIES

Any facility for the receiving or transmitting of wireless signals for commercial purposes, such as cellular telephone services, personal communications services (PCS), fleet communications systems and similar commercial facilities, whether operated in support of another business activity or available for the transmission of signals on a sale or rental basis. As used herein the term shall include necessary equipment buildings, including footings or foundations, as well as towers, monopoles, rooftops and any tower to be installed either upon or to extend the height of any existing tower.

D. Procedure; fee.

[Amended 11-28-2017 by L.L. No. 11-2017]

(1) All proposals to erect or operate wireless communication facilities shall be accompanied by a facility service plan which shall include information necessary to allow the Planning Board to understand the existing, proposed and long-range plans of the applicant. The facility service plan shall include at least the following information:

(a) The location, height and operations characteristics of all existing facilities of the applicant in and immediately adjacent to the Town.

(b) A visual depiction and narrative description of the proposed facilities, which ensures, to the extent possible, that the facilities blend into, or are otherwise screened by, surrounding or adjacent structures.

(c) A commitment to co-locate or allow co-location wherever possible on all existing and proposed facilities.

(2) All proposed antennas and antenna towers are subject to the issuance of a special permit by the Planning Board after review and approval by the Architecture and Community Appearance Board of Review.

(3) The applicant shall provide funds to an escrow account to allow the Building Inspector or the Planning Board to retain such technical experts involving radio frequency as may be necessary to review the proposal, provided that no funds shall be deposited until a scope of work is agreed upon among the applicant, the expert and the Board.

(4) The Planning Board is hereby authorized to issue a special permit under the provisions of this article subject to all of the special requirements and conditions herein and any requirements which may be made a part hereof.

(5) Application to the Planning Board for a special permit under this article shall be accompanied by a fee of $250.

(6) Prior to or concurrent with the filing of a formal application to the Planning Board to obtain a special permit under this article, the applicant shall submit information needed to meet the requirements of the New York State Environmental Quality Review Act (SEQRA) to the Planning Board, which Board shall determine whether the requirements of SEQRA have been met. The Planning Board may hold a public hearing under the provisions of SEQRA and this article whenever practicable. In the event that a final SEQRA determination has not been made, no application for a special permit under this article shall be granted.

(7) The Planning Board shall hold a public hearing on due notice within 62 days after submission of a formal completed application, including such technical information from the applicant as may be required by the Planning Board for a special permit under the provisions of this article.

(a) Notice of the public hearing shall be by publication in the official newspaper of the Town at least 10 days in advance of the hearing and may be continued from time to time to specific adjourned date.

(b) The hearing notice shall indicate that the application may be examined and further information is available from the Planning Board office during regular business hours.

(c) Copies of the publication order shall be mailed by the applicant to the owners of property within 500 feet of the property which is the subject of the application, and an affidavit of service thereof shall be filed with the Planning Board due on or before the date of the hearing. Failure of any addressee to receive such notice shall not in any manner affect the jurisdiction of the Planning Board or any action taken on the application.

(d) The Planning Board may approve, approve with conditions or disapprove the application for a special permit under the provisions of this section within 62 days after a public hearing.

(e) The decision shall be made at a meeting of the Planning Board with a quorum present and not less than a majority of the total membership voting "aye" on the resolution as a requirement for passage.

(f) A supermajority vote of the Planning Board will be required for any approval of an application for a special permit to erect or operate a wireless communications facility in any residentially zoned park lands. A supermajority is 50% of the constituency of the Board plus one additional vote.

(g) The period in which the Board may take action may be extended with the consent of the applicant.

E. Information required for wireless communication antennas. For all proposed wireless communication antennas the following information shall be provided:

(1) Name and address of the property owner and the applicant;

(2) Address, lot and block and/or parcel number of the property;

(3) Zoning District in which the property is situate;

(4) Name and address of person preparing the plan;

(5) Size of the property and the location of all lot lines;

(6) Approximate location of nearest residential structure;

(7) Approximate location of nearest occupied structure;

(8) Location of all structures on the property which is the subject of the application;

(9) Location, size and height of all proposed and existing antennas and all appurtenant structures on the property;

(10) Type, size and location of all proposed landscaping;

(11) A report by a New York State licensed professional engineer, documenting compliance with applicable structural standards and describing the general structural capacity of any proposed installation;

(12) A description of the proposed antennas and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting;

(13) A description of the antenna's function and purpose;

(14) The make, model and manufacturer of the antenna;

(15) The frequency, modulation and class of service;

(16) Transmission and maximum effective radiated power;

(17) Direction of maximum lobes and associated radiation and compliance with FCC regulations;

(18) If the name or address of the owner or operator of the antenna facility is changed, the Building Department of the Town of Orangetown shall be notified of the change within 90 days;

(19) Within 90 days of operating any transmitting antenna, the owner or operator shall submit to the Building Inspector a written certification by a New York State licensed professional engineer (for monopole or tower installations) that the antenna complies with the Town of Orangetown Code and all other applicable governmental regulations;

(20) Consent to allow additional antennas (for purposes of co-locating) on any new antenna towers, if feasible.

NOTE: Items E(12) through E(17) shall be included in a report prepared by a radio frequency engineer, health physicist or other qualified professional.

F. Requirements applicable to all wireless communication antennas. For all proposed wireless communication antennas the following requirements are applicable:

(1) For proposed sites within 100 feet of other sources of RF energy, emanating from other wireless communication facilities, the applicant shall provide an estimate of the maximum total exposure from all nearby stationary sources and comparison with relevant standards. This assessment shall include individual and ambient levels of exposure. It shall not include residentially based facilities such as cordless telephones.

(2) All obsolete or unused wireless communication antennas (including tower supports) shall be removed within 60 days of cessation of operations at the site. The Town may remove such facilities after 60 days and treat the cost as a tax lien on the property.

(3) All wireless communications facilities shall be identified with signs not to exceed six square feet, listing the owner or operator's name and emergency telephone number, and shall be posted in a conspicuous place.

(4) New wireless communications facilities may not be sited within 500 feet of any existing wireless communication antenna.

(5) No source of NIER, including facilities operational before the effective date of this section, shall exceed the federal or state NIER emission standard.

(6) New antennas and supporting towers shall be designed to accommodate additional antennas for purposes of co-locating.

G. Antenna locations where public exposure is likely. For roof-mounted, co-located or other situations wherein a special permit is required hereunder, the application shall include:

(1) An assessment of potential public exposure to radio frequency (RF) energy from the proposed facility indicating the facility's compliance with applicable federal or state standards. The applicant shall identify the maximum exposure level, the locations at which this occurs and the estimated RF levels at specific locations of community interest, such as schools, residences or commercial buildings. Assumptions used in the calculations shall be stated, including building heights and topography.

(2) A multiple source exposure impact assessment shall be prepared if the wireless communication facility is to be situated on the same site as existing facilities, such as a tower or roof.

(3) Evidence that the maximum exposure to the general public will not exceed federal or state standards.

(4) An identification of rooftop areas to which the public may have access. The exposure in these areas shall be in compliance with the standards established by any federal or state agencies.

(5) An identification of how much of the roof, if any, should be designated a "controlled environment" due to RF field levels in accordance with the applicable federal or state standard.

(6) Notification to the building management if any portion of the roof needs to be identified as a "controlled environment" due to RF levels in excess of the guidelines in the applicable federal or state standards.

H. Requirements applicable to roof-mounted antennas.

(1) Antennas shall not be placed more than 15 feet higher than the height limitation for buildings and structures within the zoning district in which the antenna is proposed to be erected.

(2) Antennas may be set back from the outer edge of the roof a distance equal to or greater than 10% of the rooftop length and width, or such antennas may be attached directly to the roof parapet wall, whichever, in the Planning Board's opinion, will have the minimal visual impact while achieving signal coverage requirements.

(3) If the Planning Board requests, antennas shall be the same color as the predominant color of the exterior of the top floor or parapet of the building except to the extent required by law.

I. Requirements applicable to new wireless communication towers.

(1) The applicant shall demonstrate to the Planning Board that no tower exists on which the antenna may co-locate; or co-location is not feasible for any of the following reasons:

(a) The applicant has been unable to come to a reasonable agreement to co-locate on another tower. The names and addresses of other service providers approached shall be provided, accompanied by a written statement as to the reason an agreement could not be reached.

(b) The applicant's network of antenna locations is not adequate to properly serve its customers, and the use of facilities of other entities is not suitable for physical reasons.

(c) Adequate and reliable service cannot be provided from existing sites in a financially and technologically feasible manner consistent with the service providers system requirements.

(d) Existing sites cannot accommodate the proposed antenna due to structural or other engineering limitations (e.g. frequency incompatibilities).

(2) Any application for the approval of a special permit for a wireless communication facility shall include a report by a qualified radio frequency engineer, health physicist or other qualified professional as determined by the Planning Board which calculates the maximum amount of nonionizing electromagnetic radiation (NIER) which will be emitted from the proposed wireless communication facility upon its installation and demonstrates that the facility will comply with the applicable federal or state standards.

J. NIER measurements and calculations. All applicants for wireless communication antennae in any district shall submit calculations of the estimated NIER output of the antenna(e). For roof-mounted, wall-mounted, co-located or water-tank-mounted antennas not requiring a special permit, the calculations shall be provided to the Building Inspector prior to the issuance of a permit. For antenna applications requiring a special permit, the calculations shall be provided to the Planning Board at the time of making the application for special permit. NIER levels shall be measured and calculated as follows:

(1) Measuring equipment used shall be generally recognized by the Environmental Protection Agency (EPA), National Council on Radiation Protection and Measurement (NCRPM), American National Standards Institute (ANSI) or National Bureau of Standards (NBS) as suitable for measuring NIER at frequencies and power levels of the proposed and existing sources of NIER.

(2) Measuring equipment shall be calibrated as recommended by the manufacturer in accordance with methods used by the NBS and ANSI, whichever has the most current standard.

(3) The effect of contributing individual sources of NIER within the frequency range of a broadband measuring instrument may be specified by separate measurement of these sources using a narrowband measuring instrument.

(4) NIER measurements shall be taken based on maximum equipment output. NIER measurements shall be taken or calculated when and where NIER levels are expected to be highest due to operating and environmental conditions.

(5) NIER measurements shall be taken or calculated along the property lines at an elevation six feet above grade at such locations where NIER levels are expected to be highest and at the closest occupied structure.

(6) NIER measurements shall be taken or calculated following spatial averaging procedures generally recognized and used by experts in the field of RF measurement or other procedures recognized by the FCC, EPA, NCRPM, ANSI and NBS.

(7) NIER calculations shall be consistent with the FCC, Office of Science and Technology (OST) Bulletin 65 or other engineering practices recognized by the EPA, NCRPM, ANSI, NBS or similarly qualified organization.

(8) Measurements and calculations shall be certified by a New York State licensed professional engineer, health physicist or a radio frequency engineer. The measurements and calculations shall be accompanied by an explanation of the protocol, methods and assumptions used.

K. NIER monitoring and enforcement.

(1) The owner and/or operator of the antenna shall perform a NIER level reading as set forth above and shall submit the results of the test to the Orangetown Building Department within 90 days of initially operating the antenna system and annually thereafter. The owner or operator shall provide a report from a qualified professional who shall certify, under penalties of perjury, that the installation does not expose the general public to NIER standards in excess of those of any federal or state agency regulating RF energy.

(2) The Town may measure NIER levels as necessary to ensure that the federal or state standards are not exceeded.

(3) If the standards of any federal or state agency are exceeded at the location of a proposed transmitting antenna, the proposed facility shall not be permitted.

L. Bulk regulations and height.

(1) In residential districts all wireless communication facilities shall comply with yard requirements of the zoning ordinance for principal buildings. No wireless communication facilities may be located between the principal structure and the street.

(2) In nonresidential districts wireless communication facilities may be in side or rear yards as established in the zoning ordinance as acceptable to the Planning Board, but not in buffers shown on an approved site plan or in a conservation or similar easement. No wireless communication facilities may be located between the principal structure and the street.

(3) In residential districts wireless communication facilities shall not exceed 50 feet in height unless the requirements of Subsection L(4) below are met. In nonresidential districts wireless communication facilities shall not exceed 100 feet in height unless the requirements of Subsection L(4) below are met. These height requirements shall supersede those of the zoning ordinance.

(4) In the event that applicants propose a height greater than that listed in Subsection L(3) above, the applicant must demonstrate to the satisfaction of the Planning Board that:

(a) Alternative means of mounting the antenna have been considered and are not feasible for the applicant;

(b) The proposed height is the minimum height necessary for adequate operation to meet the applicants' communication needs and the aesthetic intrusion has been minimized to the greatest extent practicable;

(c) The proposed height does not exceed 75 feet in residential districts and 150 feet in nonresidential districts;

(d) The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless communication facilities. This includes but is not limited to yard, buffer, height, floor area ratio for equipment buildings, parking, open space and other requirements. Height requirements of the zoning ordinance shall apply to buildings and equipment shelters.

(5) Notwithstanding anything stated herein, the Planning Board shall be permitted to increase the height of any tower beyond any limitations set forth herein in order to accommodate additional users. In reviewing a request for greater height, the Planning Board shall balance the effect of a greater height against the provision of one or more additional towers, co-locating or other alternatives.

(6) In residential districts wireless communication towers and monopoles shall be separated from residential buildings on adjacent or abutting properties for a distance by not less than two times the height of the tower or monopole. This provision shall apply to the proposed use for wireless communication facilities of towers or monopoles existing at the time of adoption of this article.

M. Visual impact.

(1) For all new wireless communication towers, the applicant shall provide to the Planning Board and Architecture and Community Appearance Board of Review graphic information that accurately portrays the visual impact of the proposed tower from various vantage points selected by the Planning Board, such as but not limited to parks, designated historic sites or districts or designated scenic areas. This graphic information may be provided in the form of photographs or computer-generated images with the tower superimposed, as may be required by the Planning Board.

(2) For all buildings or equipment shelters to be located in a residential zoning district, the equipment shelter shall be treated in an architectural manner compatible with the homes in the vicinity.

N. Landscaping requirements. For any new wireless communication towers, landscaping shall be provided as follows:

(1) In determining the most appropriate landscaping to be provided, the Planning Board and the Architecture and Community Appearance Board of Review shall consider the visual impact of the proposed facility in its setting with regard to immediate proximity of observers and the sight lines from major viewing points.

(2) The area surrounding the installation shall be landscaped and maintained with trees, shrubs and ground cover to maximize screening.

(3) Any buildings or other equipment shelters associated with the antenna facility shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen, in whole or part, and effectively mitigate the appearance of the structures and buildings. Any antenna facility requiring a tower or pole shall plant trees around the facility of a minimum height of 10 feet at planting that will, over time, reduce the visual impact from the tower or pole.

(4) When a security fence is required, the outside of such fencing shall be landscaped with evergreen shrubs, trees or climbing evergreen material on the fencing or may contain wooden slats woven into the fence so as to mitigate and minimize the industrial character of the fence.

(5) An existing natural vegetative buffer which meets or exceeds the above requirements may be substituted to meet the landscape requirements set forth above.

O. Color and lighting standards. Except as specifically required by the Federal Aviation Administration (FAA) or the FCC, antennas, including the supporting structure and all related appurtenances, shall:

(1) Be colored to reduce the visual impact to the greatest degree possible;

(2) Not be illuminated, except buildings may use lighting required by the New York State Fire Prevention and Building Code or when required for security reasons. When lighting is used, it shall be compatible with the surrounding neighborhood to the greatest degree practicable.

P. Fencing and NIER warning signs. The area surrounding the facility shall:

(1) Be fenced or otherwise secured in a manner which prevents unauthorized access by the general public.

(2) Contain appropriate signage to warn of areas of the site where:

(a) NIER standards are exceeded; and

(b) High risks for shocks or burns exists.

(3) For wall mounted antenna, the signage shall be placed no more than five feet off the ground below the antenna.

(4) For antenna mounted on the roof, the signage shall be placed on all doors which provide access to said roof. The signage shall be placed no more than five feet off the ground.

Q. NIER exposure standards. No antenna or combination of antennas shall expose the general public to NIER levels exceeding the standard of any federal or state agencies having jurisdiction. In addition, no antenna facility shall emit radiation such that the general public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1.

R. Registration. The Building Department shall keep a list of the names, addresses, type and maximum emissions of all antenna operators in the Town. This list shall be maintained from applications to the Planning Board and Building Department and from FCC or similar inventories of facilities in the Town. If the name or address of the owner or operator of the antenna facility is changed, the Building Department shall be notified of the change within 30 days.

S. Performance standards for new antennas. New antennas must comply with the following performance standard that the estimated or measured NIER from a proposed antenna, when added to existing radio frequency electromagnetic radiation from existing sources, will not exceed the guidelines set forth in the applicable federal and state standards.

T. Planning Board findings. The Planning Board shall make written findings that the issuance of a special permit is in compliance with all of the requirements of this chapter.

U. Expiration; issuance of certificate of use.

(1) The special permit shall be issued to the user and shall expire upon the termination of the use.

(2) The Building Inspector shall require issuance of a revised or new special permit prior to the issuance of a building permit use where the proposal requires a special permit.

(3) The applicant shall provide a report to the Building Inspector prepared by a New York State licensed professional engineer certifying that any monopole or tower has been constructed in accordance with the plans approved by the Building Inspector.

V. Existing installations. The operator of any wireless communication facility existing at the time that this section takes effect shall be permitted to remain in operation, provided that the operator submits proof within six months of the enactment of this section that the facility complies with the standards adopted by the Federal Communications Commission and all requirements of this section, as certified by a professional engineer with qualifications acceptable to the Town of Orangetown. Operating antennas or towers that are legally nonconforming with respect to area regulations of this section shall be permitted to remain until such time as a request is made to modify the antenna or tower. Any facility for which emission, structural and security compliance documentation is not received shall cease operations within six months of the enactment of this section and be immediately removed thereafter in accordance with the provisions of this section. Any facility (antenna or tower) in a residential zoning district which is not operating as of May 1, 1997, shall be considered to be nonconforming and shall be removed within six months of the enactment of this section.

W. Exclusion and exemptions.

(1) The Town of Orangetown as a municipality shall be exempt from the provision of this section and may operate a wireless communication facility or permit the operation of a wireless communication facility on nonresidentially zoned Town property without obtaining a permit and without being subject to the conditions set forth in this section.

(2) This section acknowledges the interest of the Federal Communications Commission in promoting amateur radio operations as expressed in FCC Order PRB-1 by imposing the minimum practicable regulation on amateur radio antennas necessary to accomplish the Town's legitimate zoning purposes.

X. Invalidity. Should any section, paragraph, sentence, clause, word or provision of this article be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of this article.

Y. Inconsistency. Pursuant to New York Municipal Home Rule Law § 22, the provisions of this section are intended to supersede any inconsistent provision of law.

§ 8.16 Individual fitness and training center.

[Added 4-8-2014 by L.L. No. 2-2014]

A. Individual fitness and training center is a conditional use in the LIO Zoning District, subject to the Table of Bulk Regulations, Chapter 43 § 3.12 (Use Group QQ), and the general conditions and standards set forth at Chapter 43, § 8.1, and the specific standards and conditions set forth herein.

B. "Individual fitness and training center," for purposes of this conditional use, is defined as a facility at which training and instruction is provided, either in an individual or group setting, for general physical fitness or for a specific sports skill in a fully supervised environment. The use does not include unsupervised exercise, such as provided in a physical fitness studio.

C. In addition, the following specific standards and criteria shall apply:

(1) Noise. A public address system and/or other amplified noise shall be prohibited in connection with any outdoor use. The prohibition of amplified noise/sound shall be in addition to, not in replacement of, the Town's Noise Law found at Chapter 22.

(2) Lighting. If outdoor lighting is provided for the outdoor area of the fitness and training use (other than for parking and security), such lighting shall be turned off no later than 10:00 p.m. and shall otherwise be subject to footcandle and other such reasonable regulations as may be imposed by the Planning Board based on the proximity of the facility to adjacent properties. In addition, the applicable minimum required setback for the outdoor fitness area shall be double that otherwise required along the boundary line with any residential property.

(3) Access. Parcels approved for this conditional use shall have direct access from an improved state or county road.

(4) Parking. All parking areas and surfaces shall be paved, unless otherwise waived by the Planning Board. Minimum off-street parking for the individual fitness and training use shall be one space for each 300 square feet of gross floor area.

(5) Other requirements. In addition to the special standards described above and the general standards for conditional uses as set forth herein, and as may be amended, the Planning Board may establish, as a condition of approval of such use, any other additional standards, conditions and requirements, relating to time, place and manner, including a limitation on hours of operation, as it may deem necessary or appropriate to promote the public health and welfare and to otherwise implement the intent of this section.

§ 8.17 Attached veteran housing.

[Added 5-23-2017 by L.L. No. 6-2017]

A. Attached veteran housing, as defined at § 11.2 hereof, shall be permitted as a conditional use in the R-15 zoning district.

B. Such housing shall be subject to the Table of General Bulk Regulations, 43 Attachment 13, Use Group N.

C. Such housing shall be located on or along or in immediate proximity to a state or county road readily accessible to public transportation services.