[Amended 5-5-1981; 4-22-1986; 4-5-2005; 5-21-2013]
It shall be unlawful to allow or maintain the outdoor storage of unregistered vehicles, refrigerators, washing machines, drying machines, other household appliances, sinks, toilets, radiators, freezers, tires, stoves and bathtubs in all use districts, except in the Business 3 District with Town Board special permission and the Industrial 2 District. In all districts, any storage, as defined in § 68-3, Definitions, "storage," not identified on the certificate of occupancy/compliance or either 1) enclosed within a permitted structure or 2) contained within an approved enclosure shall also be considered prohibited storage.
[Added 1-14-1969; amended 4-5-1983; 6-3-1986; 4-8-1997; 9-12-2000; 5-20-2003; 6-8-2010]
A.Â
Wireless communications facilities.
(1)Â
Purpose. In recognition of advancing technology
and the increased demand and need for wireless communications towers
and facilities, the Town Board hereby determines that it is in the
public interest to regulate the siting and installation of such facilities
within the Town in order to protect public safety and welfare. When
deliberating the location of wireless facilities, due consideration
shall be given to the Town's Comprehensive Plan, existing land uses
and development, environmentally sensitive areas, aesthetics and other
appropriate factors in approving sites for the location of towers
and/or facilities. These regulations are not intended to prohibit
or have the effect of prohibiting the provision of personal wireless
services.
(2)Â
ACCESSORY WIRELESS FACILITY
ALTERNATIVE TOWER STRUCTURE
ANTENNA
COMMERCIAL DISTRICTS
FAA
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
ROOF-MOUNTED COMMUNICATIONS FACILITY
TOWER
WALL-MOUNTED COMMUNICATIONS FACILITY
WIRELESS COMMUNICATIONS FACILITY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any equipment, shed, fencing or structure, or combination
thereof, containing any electrical components necessary for the proper
operation of primary antennas.
Any man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers, subject to the review
and approval of the Planning Board or its designee.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
All zoning districts except residential districts.
The Federal Aviation Administration.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been completed or constructed, provided that such approved permit(s)
is current and has not expired; or any tower which is constructed
and has a certificate of compliance.
A wireless communications facility which is mounted and supported
on the roof or any rooftop appurtenance of a legally existing building
or structure.
Any structure that is designed and constructed for the principal
purpose of supporting one or more antenna for telephone, personal
communications services, common carrier services, radio and television
transmission, microwave transmission, and similar communications purposes,
including self-supporting lattice towers, guyed towers or monopole
towers. The term includes the structure and any support thereto.
A wireless communications facility which is mounted and supported
entirely on the wall of a legally existing building, including the
walls of architectural features, such as parapets, chimneys and similar
appurtenances.
A facility that transmits and/or receives electromagnetic
signals, including any tower or antenna, as defined herein.
(3)Â
Applicability. No new wireless communications
facility shall be erected, moved, reconstructed or altered to serve
as a transmission, reception or relay facility except by approval
of the Planning Board, in compliance with the regulations set forth
in this section.
(4)Â
Provisions for location of use.
(a)Â
Residential. Wireless communications facilities
located in residential zoning districts are subject to site plan approval
and special permit approval from the Planning Board, and must meet
the following requirements:
[1]Â
Wireless communications facilities on buildings
shall meet the following criteria:
[a]Â
Any antenna or equipment accessory to a roof-mounted antenna
shall be set back a minimum of four feet for every one foot in height
of the accessory equipment, but in no instance shall protrude more
than 15 feet above the average height of the building in order to
minimize its visibility from adjacent properties or roadways. Installation
of an antenna and associated equipment shall incorporate a design
that is contextual with the structure on which the antenna is co-locating.
[b]Â
Any wall-mounted antenna shall not protrude above the roof parapet
or roofline and shall be painted to match the color of the existing
structure. No portion of the antenna shall extend more than 18 inches
from the facade of the building.
[c]Â
Enclosures designed to conceal rooftop wireless communications
facilities shall not be deemed to contribute towards building height,
floor area ratio, gross floor area, or parking requirements, provided
that said enclosure does not contain equipment or materials that are
not accessory to the wireless communication facility and the enclosure
is contextual with the architecture of the structure and is minimized
to the furthest extent practical. All equipment within the enclosure
shall still be subject to the dimensional requirements set forth in
this article.
[Added 3-8-2011]
[2]Â
A tower base shall be set back from the property
line by a minimum distance equal to 110% of the height of the tower.
Accessory wireless facilities shall comply with all other dimensional
requirements of the underlying zoning district.
[3]Â
New antennas located on existing towers shall be flush mounted or
internally mounted.
[4]Â
Any new tower shall consist of an alternative tower structure as
defined herein. Guyed (cable-supported) or truss or lattice antenna
support structures are expressly prohibited.
[5]Â
No new tower shall be permitted unless it is demonstrated that adequate
service cannot be provided within a coverage gap area by exhausting
all other available and reasonable locations for the proposed tower
in a nonresidential district to the satisfaction of the Planning Board,
except as provided herein.
(b)Â
Commercial. Wireless communications facilities
located in commercial zoning districts are subject to site plan approval
and special permit approval from the Planning Board, except as otherwise
provided herein, and must meet the following requirements:
[1]Â
Wireless communication facilities on buildings shall protrude not more than 15 feet above the average height of the building, as defined in § 68-3, and meet the following criteria:
[Amended 10-13-2010]
[a]Â
Equipment accessory to a roof-mounted antenna shall be set back
a minimum of four feet for every one foot in height of the accessory
equipment, but in no instance shall protrude more than 15 feet above
the average height of the building in order to minimize its visibility
from adjacent properties or roadways. Installation of an antenna and
associated equipment shall incorporate a design that is contextual
with the structure on which the antenna is co-locating, and antennas
shall not protrude more than 15 feet above the average height of the
building.
[b]Â
Any wall-mounted antenna shall not protrude above the roof parapet
or roofline and shall be painted to match the color of the existing
structure. No portion of the antenna shall extend more than 18 inches
from the facade of the building.
[c]Â
Enclosures designed to conceal rooftop wireless communications
facilities shall not be deemed to contribute towards building height,
floor area ratio, gross floor area, or parking requirements, provided
that said enclosure does not contain equipment or materials that are
not accessory to the wireless communication facility and the enclosure
is minimized to the furthest extent practical. All equipment within
the enclosure shall still be subject to the dimensional requirements
set forth in this article.
[Added 3-8-2011]
[2]Â
A tower base shall be set back from the property
line by a minimum distance equal to 110% of the height of the tower.
Accessory wireless facilities shall comply with all other dimensional
requirements of the underlying zoning district.
[3]Â
Wireless communications facilities located on
preexisting structures or buildings in commercial districts are not
subject to special permit approval, provided that they have all necessary
Building Division permits and are not visible to any residential use
or zone as determined by the Commissioner of Planning or his/her designee.
New antennas co-locating on an existing tower approved by the Planning
Board shall not be subject to this requirement.
[4]Â
New antennas located on existing towers shall be flush mounted or
internally mounted.
[5]Â
No new tower shall be permitted within 500 feet of a residential
zone unless it is demonstrated that adequate service cannot be provided
within a coverage gap area by exhausting all other available and reasonable
locations for the proposed tower outside the five-hundred-feet area
to the satisfaction of the Planning Board.
(c)Â
Historic districts. Wireless communications
facilities located in historic districts are subject to site plan
approval and special permit approval from the Planning Board, and
must meet the following requirements: Wireless communications facilities
shall not be located at any designated landmark property or district
listed by federal, state or Town agency, except as specified by the
following:
[1]Â
Any facility located on or within the historic
structure shall not alter the character-defining features, distinct
construction methods or original materials of the building.
[2]Â
Any alteration made to an historic structure
to accommodate a wireless communications facility shall be fully reversible.
[3]Â
Facilities within an historic district shall
be concealed within or behind existing architectural features, such
that there is no visual impact.
(d)Â
Parks. Wireless communications facilities are
subject to site plan approval and special permit approval from the
Planning Board, except as otherwise provided herein, and must meet
the following requirements: Wireless communications facilities shall
not be located at any designated park listed by any federal, state
or Town agency, except as specified by the following:
[1]Â
No new tower shall be permitted unless it is demonstrated that adequate service cannot be provided within a coverage gap area by exhausting all other available and reasonable locations for the proposed tower outside of the park to the satisfaction of the Commissioner of Planning or his/her designee, except as provided in Subsection A(4)(d)[4] below.
[2]Â
Any facility located in a park shall be located,
designed and screened to minimize the visual and aesthetic impacts.
[3]Â
Any facility located within a park shall not
be located in an area that would interfere with normal, day-to-day
recreational activities or operations.
[4]Â
Any facility located in a park which is co-located
on or which replaces an existing structure (e.g., ball field light
poles) shall not be subject to special permit approval, provided that
the height of the new structure does not exceed the height of the
preexisting structure and is a minimum of 500 feet from the nearest
residence.
(5)Â
Co-location. No new tower shall be permitted
unless the applicant demonstrates that no existing tower, structure
or building can accommodate the applicant's proposed antenna and unless
it is demonstrated that adequate service cannot be provided with co-location.
(6)Â
Design.
(a)Â
The tower shall be designed in such a manner
as to minimize any visual impacts.
(b)Â
If a wireless communications facility is located
on a building, it shall be neutral in color, or similar in color to
the building, and every effort shall be made to conceal the facility.
(c)Â
Accessory wireless facilities shall be screened,
landscaped and shall maximize use of building materials, colors and
textures designed to blend with the natural or existing surroundings
to minimize any visual impacts.
(d)Â
The base area shall be surrounded by a six-foot-high
fence. The surrounding fence shall be screened by a continuous row
of evergreen trees of at least six feet in height and planted five
foot on center at time of installation.
(e)Â
No signs are permitted on towers except safety
instructions or similar material.
(f)Â
A tower shall not be lighted unless required
by the FAA or otherwise required for safety reasons.
(7)Â
Removal. Any antenna or tower that is not operated
for a continuous period of 12 months shall be deemed abandoned. The
owner of such antenna/tower/site shall remove the same at the owner's
expense within 90 days of notice. The Town reserves the right, after
90 days' written notice sent certified mail, return receipt requested,
to the owner, to remove the antenna or tower, and shall bill the owner
for any expense incurred. All costs associated with same shall be
assessed to the owner's next tax bill.
(8)Â
Application requirements. Applications shall
include the following:
(a)Â
The location, type and height of the wireless
communications facility and whether it is to be located on an existing
structure, co-located or on a telecommunications tower.
(b)Â
Adjacent roadways, rights-of-way, land uses,
structures and zoning on land within 1/2 mile.
(c)Â
Setbacks from property lines.
(d)Â
Environmental assessment.
(e)Â
Scaled drawing of the site, including elevation
drawings of the structure, a visual study showing where, within one
mile, the tower could be seen, the distance between all structures
and proposed means of access.
(f)Â
Landscape plan, including fencing and fence
screening.
(g)Â
Analysis of physical need for additional towers
or antennas.
(h)Â
Written site location alternative analysis describing
the location of other sites considered, the availability of those
sites, the extent to which other sites do or do not meet the provider's
service or engineering needs and the reasons why the subject site
was chosen. Written requests and responses for site location alternative
analysis shall be provided, in addition to the names, addresses and
telephone numbers of the current owner(s) of those sites. If the proposed
plan is to locate in a residential area, the applicant must show a
good faith effort to locate in a nonresidential area and that locating
in a commercial or industrial zone is not feasible.
(i)Â
Evidence of a good faith effort to co-locate
or locate on existing towers, structures or buildings and why it is
not feasible. Written requests and responses for co-location efforts
shall be provided, in addition to the names, addresses and telephone
numbers of the current owner(s) of those structures.
(j)Â
The application must provide for any evidence
that the proposed wireless communications facility can accommodate,
at a minimum, three times capacity to allow for future lease and co-location.
Future lease fees shall be at a reasonable market price. Competing
providers are required to negotiate fairly regarding co-location leases.
A future co-location applicant cannot be denied except for mechanical,
structural or regulatory reasons.
(k)Â
Location and separation distance between all
other existing and proposed facilities within the Town and/or within
five miles.
(l)Â
Coverage map(s) depicting existing and proposed
coverage for each proposed carrier. Said maps shall be submitted in
both paper and electronic form. Paper maps shall be at least 11 inches
by 17 inches in size and shall contain coverage areas superimposed
over current aerial photography. Electronic formats shall be submitted
in any industry-standard geographic information system (GIS) format.
In addition, said maps shall be accompanied by a certified report
by a radio frequency engineer and shall depict any existing and proposed
signal strength levels.
(m)Â
Other information as deemed necessary by the
Board.
(n)Â
Visual impact analysis.
[2]Â
In the event a crane or other equipment is utilized to simulate the
proposed tower on the subject property for the visualization photographs,
the owners of surrounding properties within 200 feet of the site and
the Planning Department shall be notified no less than 10 days prior
to the test by certified letter, return receipt requested. Said notification
shall include two rain dates in the event inclement weather prevents
the visualization study from taking place.
(9)Â
Considerations.
(b)Â
Other considerations.
[1]Â
The minimum height necessary to render adequate
service.
[2]Â
Proximity to residential districts and other
structures.
[3]Â
Nature of existing or proposed uses of adjacent
property.
[4]Â
Site and/or surrounding topography.
[5]Â
Surrounding tree coverage and foliage.
[6]Â
Design of tower, in particular the characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
[7]Â
Availability of suitable existing towers and
structures.
[8]Â
Proposed ingress and egress.
[9]Â
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
tower, structure or building can accommodate the applicant's proposed
antenna.
[10]Â
Impact on wireless service.
(c)Â
The Board may waive or reduce the burden on
the applicant of one or more of these criteria if it concludes that
the goals of this section are better served thereby.
(10)Â
The Town Board authorizes the Planning Board to retain the services
of competent radio frequency engineers, real estate experts and/or
attorneys where reasonably necessary to review an application or proposal,
including, but not limited to, reviewing expert testimony provided
on behalf of the applicant and supplementing submissions. The consultant(s)
may review coverage maps, alternative site locations, co-location
opportunities or other criteria that may be associated with the application
or proposal. The consultant shall review all submissions in accordance
with all applicable federal, state and local codes, rules and regulations
and make recommendations to the Planning Board. The cost of retaining
such competent consultants shall be borne by the applicant. The costs
of any consultant shall be reasonable and the work and associated
billing shall be viewable by the applicant upon request.
(11)Â
In the event a denial of an application would constitute an unlawful
prohibition or effective prohibition of cellular service under applicable
federal or state law (including the Telecommunications Act of 1996,[1] the "TCA"), the Planning Board shall grant the special
permit and shall have the authority to impose conditions upon such
granting consistent with this chapter and such federal or state law.
[1]
Editor's Note: See 47 U.S.C. § 609 et seq.
(12)Â
If the Planning Board determines that the interests of this chapter
would otherwise be satisfied, the Planning Board may, in its discretion,
but shall not be required to, deem individual requirements and conditions
satisfied by issuing a waiver or relaxation in relation thereto. Any
waiver or relaxation may only be made in the event that the requirements
and conditions for which a waiver or relaxation is made are found
not to be requisite in the interest of public safety or general welfare
and may only be exercised in the event that the Planning Board, in
issuing a waiver or relaxation, makes specific findings that the interests
of this chapter would otherwise be satisfied, the waiver or relaxation
is reasonably necessary for the provision of wireless communications
services consistent with the interests of both this chapter and the
TCA and the applicant has taken all reasonably available mitigation
measures. Every special permit shall also conform to all special findings
that are specified herein.
B.Â
Amateur radio antennas and towers. Facilities are
subject to site plan approval and special permit approval from the
Planning Board, and must meet the following requirements:
C.Â
Satellite antennas.
(1)Â
Satellite antennas shall be permitted as an
accessory structure within any use district, subject to the requirements
contained herein and subject to the issuance of a building permit
from the Town of Islip Building Division.
(3)Â
Standards applying to all residential use districts
except the AAAB District and Planned Landmark Preservation District.
(a)Â
Ground-mounted satellite antennas shall not
be located in any front or side yard area, with the exception of a
corner or a cul-de-sac lot where the side yard is larger than the
rear yard.
(b)Â
Ground-mounted satellite dishes shall not exceed
10 feet in diameter or exceed a height of 15 feet above the average
grade level.
(c)Â
Ground-mounted satellite antennas shall be screened
at the base with evergreen plants, shall be finished in a color that
blends with the surrounding environment and shall not be visible from
any street.
(d)Â
Roof-mounted satellite antennas shall not exceed
two feet in diameter or project above the ridgeline of any building
on the property nor shall they be visible from any street.
(4)Â
Standards applying to all General Service, Business
and Industrial Districts.
(a)Â
Ground-mounted satellite antennas shall be placed
only in the rear yard, excluding the rear yard setback areas.
(b)Â
Roof-mounted satellite antennas shall be mounted
on the rear half of the building roof and shall not exceed 10 feet
in diameter.
(c)Â
Satellite antennas shall not be visible from
any street. An architectural screen consisting of material compatible
with the building type and style or landscaping may be utilized, subject
to the review and approval of the Planning Division.
[Added 9-15-2020; amended 7-20-2021]
Minimum Setback for Decks and Patios With
Height Above
| |||
---|---|---|---|
All Districts (Except Fire Island)
|
Grade of 0 to 18 Inches
|
Over 18 Inches to 48 Inches
|
Over 48 Inches
|
Permit required
|
No
|
Yes
|
Yes
|
Setback from street property line
|
0
|
Permitted encroach- ment setback
|
Main house
|
Setback from rear property line (feet)
|
4
|
10
|
M/H
|
Setback from side property lines (feet)
|
4
|
6
|
M/H
|
Fire Island (More Than 4 Feet Wide)
| |||
Permit required
|
Yes
|
Yes
|
Yes
|
Setback from walks (street) (feet)
|
15
|
15
|
M/H
|
Setback from rear property line (feet)
|
15
|
15
|
15
|
Setback from side property lines (feet)
|
5
|
5
|
15
|
Pool Decks or Pool Patios
| |||
Permit and handrail required
|
No
|
Yes
|
Yes
|
Setback from street property line
|
M/H
|
M/H
|
M/H
|
Setback from rear property line (feet)
|
6
|
10
|
M/H
|
Setback from side property lines (feet)
|
6
|
10
|
M/H
|
NOTES:
|
---|
M/H: Same as setbacks required for main house.
|
"Height above grade" means at any point along
edge of deck.
|
A walkway or deck may be permitted along a bulkhead
adjacent to a waterway in any district. The deck or walkway must comply
with applicable side and rear yard setbacks for any of its width in
excess of four feet, except for side or rear yard setbacks where the
bulkhead is located.
|
The side yard setback for decks in all districts
except Fire Island may be waived for properties developed with a zero
side yard setback for the principal structure, provided that an opaque
fence at least six feet high exists on that portion of the lot line
adjoining the deck. This exception shall apply to decks which may
exceed a height of 18 inches, but in no case a height which exceeds
that of the rear entrance of the attached dwelling to which it is
connected.
|
Guards, including handrails, shall be provided
in conformance with the New York State Building Code.
|
Pool patios and decks on through lots, having a height not exceeding
18 inches are permitted to encroach six feet from the minimum required
setback of that of the pool.
|
[1]
Editor's Note: Former § 68-420.2, Resubdivision
of real property, added 12-5-1972, as amended, was repealed 10-13-2010.
[Added 11-20-1973, effective 12-8-1973; amended 10-8-2002; 1-14-2003; 6-8-2010; 9-15-2020]
A.Â
There shall be permitted the installation of a trailer
in which a family or individuals may live in a residential zone and
no other zone under the following circumstances:
(1)Â
The trailer must be for the temporary use and occupation of an individual
or a group of individuals whose residence has been so damaged by fire
or altered by some other circumstances as to render the residence
uninhabitable.
(2)Â
The trailer must be placed on the same plot as the house which is
being rebuilt, or a contiguous parcel.
(3)Â
There shall be obtained from the Building Division a permit, the
fee for which shall be set by the Commissioner of Planning and Development,
or the Commissioner's designee.
(4)Â
The length of time such trailer shall be permitted to remain shall
be three months with two three-month extensions. No further extensions
are permitted unless otherwise approved by the Commissioner of Planning
and Development, or the Commissioner's designee. If the trailer is
not removed upon expiration, the owner of the trailer shall be fined
$100 per day for each day that it remains beyond the time limit. If
the trailer remains in violation for more than 10 days, the Commissioner
of the Department of Public Safety Enforcement, or his representative,
may, after notifying the owner of said trailer, in person or by letter,
return receipt requested, cause the trailer to be removed. The expense
of such removal and any storage charges resulting shall be paid by
the owner of the trailer, and if said cost is not paid within 10 days,
the Commissioner of the Department of Public Safety Enforcement may
advertise the public sale of the trailer in the official paper of
the Town and sell it to the highest bidder. The moneys realized from
the sale shall be applied to any fines outstanding and to reimburse
the Town for any expense incurred in moving and storing the trailer.
If there shall be any excess, it shall be remitted to the former owner
of the trailer.
B.Â
There shall be permitted the installation of a trailer
for a commercial, including multifamily developments, or industrial
property at the direction of the Commissioner under the following
circumstances:
(1)Â
The trailer shall contain a copy of the approved site plan and approved
construction plans, and be accessible to all Town personnel and contractors
for review of plans and meetings. Should the applicant wish to remove
said trailer before the issuance of a certificate of occupancy, written
permission must be obtained for its removal by the Building Division.
(2)Â
The trailer must be placed on the same plot as the construction site,
or a contiguous parcel.
(3)Â
There shall be obtained from the Building Division a permit, the
fee for which shall be set by the Commissioner of Planning and Development,
or the Commissioner's designee.
(4)Â
The length of time such trailer shall be permitted to remain shall
be three months with two three-month extensions. No further extensions
are permitted unless otherwise approved by the Commissioner of Planning
and Development, or the Commissioner's designee. If the trailer is
not removed upon expiration, the owner of the trailer shall be fined
$100 per day for each day that it remains beyond the time limit. If
the trailer remains in violation for more than 10 days, the Commissioner
of the Department of Public Safety Enforcement, or his representative,
may, after notifying the owner of said trailer, in person or by letter,
return receipt requested, cause the trailer to be removed. The expense
of such removal and any storage charges resulting shall be paid by
the owner of the trailer, and if said cost is not paid within 10 days,
the Commissioner of the Department of Public Safety Enforcement may
advertise the public sale of the trailer in the official paper of
the Town and sell it to the highest bidder. The moneys realized from
the sale shall be applied to any fines outstanding and to reimburse
the Town for any expense incurred in moving and storing the trailer.
If there shall be any excess, it shall be remitted to the former owner
of the trailer.
[Added 5-20-2003; amended 4-5-2005]
The outdoor parking of unattached trailers may be permitted in the Industrial 1 District pursuant to § 68-340.1.
[1]
Editor's Note: Former § 68-420.4,
Board of Special Permits; uses permitted by special permit from the
Board of Special Permits after public hearing, as amended, was repealed
4-8-1997.
[1]
Editor's Note: Former § 68-420.5,
Special permits for family care homes, as amended, was repealed 4-8-1997.
[Added 3-6-1979]
All restaurants shall conspicuously display
instructions on first-aid treatment to choking victims. Said instructions
shall include the Heimlich Maneuver.
[Added 8-28-1990]
A.Â
Floodlighting or strobe or flashing lights shall not
be installed or maintained in any manner that would allow any rays
to fall beyond the property lines. Any lighting which impairs the
vision or creates a hazard or nuisance is prohibited.
B.Â
This section shall not apply to New York State or
a public corporation, as defined by § 66 of the General
Construction Law.
[Added 12-12-2006; amended 5-28-2008; 6-22-2010]
A.Â
Legislative
intent. In order to maintain an appropriate visual quality for residential
properties, preserve property values, protect neighborhood character
and safeguard quality of life, certain standards shall apply as specified
herein.
(1)Â
The amount of front yard area consisting of asphalt, gravel, stone
or dirt or other nonvegetative material, to be used primarily for
the parking of vehicles, shall not exceed 40% of the area of the front
yard. In the instance of corner lots, the area of the secondary front
yard ahead of the front line of the main dwelling is incorporated
in the front yard area.
[Amended 9-15-2020; 3-14-2023]
(2)Â
The parking of vehicles in the front yard area is restricted to that
portion consisting of asphalt, gravel, stone or dirt or other nonvegetative
material. The parking of vehicles in the front yard area is prohibited
when all four tires of a vehicle are placed on grass or other vegetative
material. This prohibition shall not apply if inclement weather conditions
(such as flooding or snow accumulation) render it impracticable or
impossible to comply therewith.
(3)Â
The amount of front yard area to be used for a pedestrian walkway
cannot exceed 12% of the primary front yard.
(4)Â
Where applicable, the portion of the lot comprising a second front
yard cannot be used for the area consisting of asphalt, for the parking
of vehicles, except in those cases where said area is deducted from
the amount allowed in the primary front yard.
[Added 12-2-2008]
A.Â
Title. This section shall be known as the "Accessory
Wind Energy Turbine Ordinance for the Town of Islip."
B.Â
Legislative intent. In order to accommodate alternative and renewable forms of energy production across the Town, while regulating the visual impacts of any such form, accessory wind energy turbines, as defined in § 68-3 of this ordinance, may be allowed as specified herein.
C.Â
Applicability.
(1)Â
This section applies to all accessory wind energy
turbines proposed to be constructed after the effective date of this
section, and is intended to apply to stand-alone and/or roof-mounted
turbines constructed primarily to supplement the existing power supplies
for individual buildings across the Town.
(2)Â
Accessory wind energy turbines constructed prior
to the effective date of this section shall not be required to meet
the requirements contained herein; provided that any physical modification
to an existing accessory wind energy turbine that materially alters
the size, type and number of wind turbines or other equipment shall
require a permit under this section.
D.Â
Administration.
(1)Â
The fee for any accessory wind energy turbine
application shall be limited to $15.
(2)Â
The review of any accessory wind energy turbine
application may be expedited at the discretion of the Building Division.
(3)Â
The Building Division may keep a list, along
with specific preapproved plans, of accessory wind energy turbine
models and manufacturers that meet all structural and electrical requirements
of this ordinance or any applicable New York State code. The Building
Division may accept or use these preapproved plans in total or in
part and may further adjust any submission requirements accordingly
in order to expedite the review of these applications.
E.Â
Specifications.
(1)Â
The design of any accessory wind energy turbine
shall conform to applicable industry standards. The applicant shall
submit certificates of design compliance obtained by the equipment
manufacturers or from Underwriters Laboratories, Det Norske Veritas,
Germanishcer Lloyd Wind Energies, the American Wind Energy Association,
or other similar certifying organizations.
(2)Â
The design of any accessory wind energy turbine
shall conform to applicable New York State codes.
(3)Â
Any accessory wind energy turbine shall be designed
to withstand winds of up to 120 miles per hour.
(4)Â
Controls and brakes. All wind energy turbines
shall be equipped with a redundant braking system. This includes both
aerodynamic overspeed controls (including variable pitch, tip, and
other similar systems) and mechanical brakes. Mechanical brakes shall
be operated in a fail-safe mode. Stall regulation, used independently
of a mechanical brake, shall not be considered a sufficient braking
system for overspeed protection.
(5)Â
Electrical components. All electrical components
of the accessory wind energy turbine shall conform to relevant and
applicable local, state and national codes.
(6)Â
Visual appearance; power lines.
(a)Â
Accessory wind energy turbines shall be a nonobtrusive
color, such as white, off-white or gray.
(b)Â
Accessory wind energy turbines shall not be
artificially lighted, except to the extent required by the Federal
Aviation Administration or other applicable authority that regulates
air safety.
(c)Â
On-site transmission and power lines between
accessory wind energy turbines and the electrical service box within
the main structure shall be placed underground.
(7)Â
Any tower used in connection with an accessory
wind energy turbine shall not be climbable up to 15 feet above ground
surface.
(8)Â
All access doors to any electrical equipment
and/or service boxes attached to a accessory wind energy turbine shall
be locked to prevent entry by nonauthorized persons.
(9)Â
Noise and shadow flicker.
(a)Â
Audible sound from an accessory wind energy
turbine shall not exceed 55 dBA (decibels), as measured at the exterior
of any occupied building on an adjacent property. Methods for measuring
and reporting acoustic emissions from the accessory wind energy turbine
shall be equal to or exceed the minimum standards for precision described
in American Wind Energy Association (AWEA) Standard 2.1, 1989, titled
Procedures for the Measurement and Reporting of Acoustic Emissions
from Wind Turbine Generation Systems Volume I: First Tier.
(b)Â
The applicant shall make reasonable efforts
to minimize shadow flicker to any occupied building on any adjacent
property,
(10)Â
Signal interference. The applicant shall make
reasonable efforts to avoid any disruption or loss of radio, telephone,
television or similar signals, and shall mitigate any harm caused
by the accessory wind energy turbine.
(11)Â
Decommissioning. The facility owner and operator
shall, at its expense, complete decommissioning of the accessory wind
energy turbine within 12 months after the end of the useful life of
said turbine. The accessory wind energy turbine will presume to be
at the end of its useful life if no electricity is generated for a
continuous period of 12 months. Decommissioning shall include removal
of towers, turbines, buildings, cabling, electrical components, and
any other associated facilities.
(12)Â
Height.
(a)Â
Measurement. The height of an accessory wind
energy turbine shall be measured from the base of any tower supporting
said turbine to the upward limit of the highest component thereof.
For roof-mounted turbines, height shall be measured from the average
grade of the ground at the base of the structure upon which the turbine
is mounted to the upward limit of the highest component thereof.
(b)Â
Percentage of lot width.
[1]Â
If accessory to a residential,
office, general service, or commercial use, the height of an accessory
wind energy turbine shall not exceed 42% of the lot width but at no
time shall exceed 45 feet.
[2]Â
If accessory to an industrial use,
the height of an accessory wind energy turbine shall not exceed 50%
of the lot width but at no time shall exceed 70 feet.
(c)Â
Maximum effective height. The height of any
turbine shall be minimized to the greatest extent possible. The aforementioned
height limitations may be approved only upon submission of proof satisfactory
to the Building Division and/or the Commissioner of Planning that
such height is necessary in order to extend a proposed turbine beyond
a zone of turbulence created by surrounding trees, roofs, or structures
which may affect the efficiency or total power output of said turbine.
(d)Â
Minimum safe height. The lowest moving component
of any accessory wind energy turbine shall not be located less than
15 feet from ground level.
(13)Â
Yard setbacks. Yard setbacks shall be derived
from the maximum effective height of any turbine as stated above.
(a)Â
Front yard. Accessory wind energy turbines mounted
to a free-standing tower shall be prohibited in any front yard. Roof-mounted
turbines may be allowed on that portion of a pitched roof which faces
the rear yard or, in the case of a flat roof, said turbine may be
located on the rear half of such roof.
(b)Â
Side yard. Accessory wind energy turbines shall
be set back from any side property line by a distance greater than
the height of the turbine or the highest component thereof.
(c)Â
Rear yard. Accessory wind energy turbines shall
be set back from any rear property line by a distance greater than
the height of the turbine or the highest component thereof.
F.Â
Certification. The operation of any accessory wind
energy turbine shall not commence until a final inspection and final
certification is issued by the Building Division.
(1)Â
The Building Division may elect to make such
inspections and certifications by any Town employee trained and authorized
to issue such inspections and certifications. Said employees shall
have obtained suitable credentials from any or a combination of the
following agencies or organizations:
(2)Â
The Building Division may also certify an accessory
wind energy turbine construction in part by virtue of: an Underwriters
Laboratory certificate or by my authority conferred upon Town employees
by the New York State Department of State Educational Program (Division
of Code Enforcement and Administration).
(3)Â
The Building Division may accept independent
certifications from third-party vendors, includes, but not limited
to: Det Norske Veritas, Germanishcer Lloyd Wind Energies, the American
Wind Energy Association, Small Wind Certification Council, Institute
for Sustainable Power Quality, National Renewable Energy Laboratory,
or any additional agency or organization which provides a comparable
certifying scope at the direction of the Commissioner of Planning.
A.Â
Title. This section shall be known as the "Industrial Accessory Wind
Energy Turbine Ordinance" for the Town of Islip.
B.Â
Legislative intent.
(1)Â
The Town Board of the Town of Islip hereby recognizes a global
need to explore alternative and renewable sources of energy in order
to help reduce the well-documented impacts of the burning of fossil
fuels on the global environment. The Town Board further recognizes
the economic development benefits associated with the use of these
alternative and renewable sources of energy by certain industries
across the Town. By enacting this section, the Town Board seeks to
achieve these goals in a manner which does not create significant
visual, noise, or other impacts on any residential district.
C.Â
Applicability.
(1)Â
This section applies to all industrial accessory wind energy
turbines proposed to be constructed after the effective date of this
section and is intended to apply to stand-alone and/or roof-mounted
turbines constructed primarily to supplement the existing power supply
for individual buildings located within the Industrial 1 District,
Industrial 2 District and Industrial Corridor District only.
(2)Â
Industrial accessory wind energy turbines constructed prior
to the effective date of this section, or any other applicable section
of this chapter, and which have been established as a legal nonconforming
use by the Zoning Board of Appeals shall not be required to meet the
requirements contained herein; provided that any physical modification
to an existing industrial accessory wind energy turbine that materially
alters the size, type and/or number of wind turbines or other equipment
shall require a permit under this section.
D.Â
Administration.
(1)Â
The fee for any industrial accessory wind energy turbine shall
be $500.
(2)Â
The review of any industrial accessory wind energy turbine may
be expedited at the discretion of the Building Division.
(3)Â
The Building Division may keep a list, along with specific preapproved
plans, of industrial accessory wind energy turbine models and manufacturers
that meet all structural and electrical requirements of this section
or any applicable New York State code. The Building Division may accept
or use these preapproved plans in total or in part and may further
adjust any submission requirements accordingly in order to expedite
the review of these applications.
E.Â
Required criteria for approval of turbines in industrial districts
as accessory uses. Permits for the construction of an industrial accessory
wind energy turbine may be issued only upon sufficient proof of satisfying
the following criteria:
(1)Â
The subject property must be within the Industrial 1 District,
Industrial 2 District, or the Industrial Corridor District.
(2)Â
Any property located within 1/4 mile of the Long Island MacArthur
Airport or the Bayport Aerodrome requires any applicable clearance
or certification from the Federal Aviation Administration (FAA).
(3)Â
The base of any proposed turbine and/or tower supporting same
is located a minimum of 500 feet away from any residential district
or use.
(4)Â
The height of any proposed wind turbine does not exceed 156
feet as measured from the base of any tower supporting said turbine
to the upward limit of the highest component thereof. For roof-mounted
turbines, height shall be measured from the average grade of the ground
at the base of the structure upon which the turbine is mounted to
the upward limit of the highest component thereof.
(5)Â
The subject property is free of any open code violations.
(6)Â
A primary, permitted use exists on the subject property.
(7)Â
The proposed wind turbine will service the primary permitted
use only and may not service any other adjoining property or function
as part of any public utility company unless authorized by the Long
Island Power Authority and appropriate cross-access utility easements
are implemented.
(8)Â
The proposed wind turbine will not cause any significant shadow
flicker on any residential property regardless of the distance of
said residential property from the turbine.
(9)Â
The proposed wind turbine will not produce any noise in excess
of 60 decibels as measured at the exterior of any occupied building
on an adjacent property. Methods for measuring and reporting acoustic
emissions from the industrial accessory wind energy turbine shall
be equal to or exceed the minimum standards for precision described
in American Wind Energy Association (AWEA) Standard 2.1 — 1989
titled "Procedures for the Measurement and Reporting of Acoustic Emissions
from Wind Turbine Generation Systems Volume 1: First Tier."
(10)Â
The proposed wind turbine is certified to withstand a 120 mile
per hour wind by a licensed professional engineer.
F.Â
Specifications.
(1)Â
The design of any accessory wind energy turbine shall conform
to applicable industry standards. The applicant shall submit certificates
of design compliance obtained by the equipment manufacturers or from
Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd
Wind Energies, the American Wind Energy Association, or other similar
certifying organizations.
(2)Â
The design of any accessory wind energy turbine shall conform
to applicable New York State codes.
(3)Â
Any industrial accessory wind energy turbine shall be designed
to withstand winds of up to 120 miles per hour.
(4)Â
Controls and brakes. All wind energy turbines shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation, used independently of a mechanical brake,
shall not be considered a sufficient braking system for overspeed
protection. Said controls and brakes shall also be employed to prevent
the release or jettison of any ice accumulation at any time.
(5)Â
Electrical components. All electrical components of the accessory
wind energy turbine shall conform to relevant and applicable local,
state and national codes.
(6)Â
Visual appearance; power lines.
(a)Â
Accessory wind energy turbines shall be an unobtrusive color
such as white, off-white or gray.
(b)Â
Accessory wind energy turbines shall not be artificially lighted,
except to the extent required by the Federal Aviation Administration
or other applicable authority that regulates air safety.
(c)Â
Any on-site transmission and power lines between industrial
accessory wind energy turbines and the electrical service box within
the main structure shall be placed underground.
(7)Â
Any tower used in connection with an accessory wind energy turbine
shall not be climbable up to 15 feet above ground surface.
(8)Â
All access doors to any electrical equipment and/or service
boxes attached to an industrial accessory wind energy turbine shall
be locked to prevent entry by unauthorized persons.
(9)Â
Noise and shadow flicker.
(a)Â
Audible sound from an industrial accessory wind energy turbine
shall not exceed 60 dBA (decibels), as measured at the exterior of
any occupied building on an adjacent property. Methods for measuring
and reporting acoustic emissions from the accessory wind energy turbine
shall be equal to or exceed the minimum standards for precision described
in American Wind Energy Association (AWEA) Standard 2.1 — 1989
titled "Procedures for the Measurement and Reporting of Acoustic Emissions
from Wind Turbine Generation Systems Volume I: First Tier."
(b)Â
The proposed wind turbine will not cause any significant shadow
flicker on any residential property regardless of the distance of
said residential property from the turbine.
(10)Â
Signal interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, telephone, television or
similar signals and shall mitigate any harm caused by the accessory
wind energy turbine.
(11)Â
Decommissioning. The facility owner and operator shall, at its
expense, complete decommissioning of the industrial accessory wind
energy turbine within 12 months after the end of the useful life of
said turbine. The industrial accessory wind energy turbine will presume
to be at the end of its useful life if no electricity is generated
for a continuous period of 12 months. Decommissioning shall include
removal of towers, turbines, buildings, cabling, electrical components,
and any other associated facilities.
(12)Â
Height.
(a)Â
Measurement. The height of an industrial accessory wind energy
turbine shall be measured from the base of any tower supporting said
turbine to the upward limit of the highest component thereof. For
roof-mounted turbines, height shall be measured from the average grade
of the ground at the base of the structure upon which the turbine
is mounted to the upward limit of the highest component thereof.
(b)Â
Height limitation. The height of any industrial accessory wind
energy turbine shall not exceed 156 feet.
(c)Â
Minimum safe height. The lowest moving component of any industrial
accessory wind energy turbine shall not be located less than 15 feet
from ground level.
(13)Â
Yard setbacks.
(a)Â
Front yard. Industrial accessory wind energy turbines mounted
to a free-standing tower shall be prohibited in any front yard, including
second front yards. Roof-mounted turbines may be allowed on that portion
of a pitched roof which faces the rear yard or in the case of a flat
roof, said turbine may be located on the rear half of such roof.
(b)Â
Side yard. The base of any industrial accessory wind energy
turbines shall be set back from any side property line a distance
of 10 feet, but at no time may the turbine blades encroach upon the
air rights of any adjoining property.
(c)Â
Rear yard. The base of any industrial accessory wind energy
turbines shall be set back from any rear property line by a distance
of 10 feet, but at no time may the turbine blades encroach upon the
air rights of any adjoining property.
G.Â
Certification. The permanent operation of any industrial accessory
wind energy turbine shall not commence until a final inspection and
final certification is issued by the Building Division.
(1)Â
The Building Division may elect to make such inspections and
certifications by any Town employee trained and authorized to issue
such inspections and certifications. Said employees shall have obtained
suitable credentials from any or a combination of the following agencies
or organizations:
(2)Â
The Building Division may also certify an industrial accessory
wind energy turbine construction in part by virtue of an Underwriters
Laboratories certificate or by any authority conferred upon Town employees
by the New York State Department of State Educational Program (Division
of Code Enforcement and Administration).
(3)Â
The Building Division may accept independent certifications
from third-party vendors including but not limited to: Det Norske
Veritas, Germanischer Lloyd Wind Energies, the American Wind Energy
Association, Small Wind Certification Council, Institute for Sustainable
Power Quality, National Renewable Energy Laboratory, or any additional
agency or organization which provides a comparable certifying scope
at the direction of the Commissioner of Planning.