Town of Mount Pleasant, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 4-23-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 218.
The Town Board of the Town of Mount Pleasant recognizes the fact that the increase in communications technology has brought about a proliferation in the construction and installation of satellite antennas, parabolic dishes and other similar equipment or devices that perform a similar function. It further recognizes the fact that these devices must be regulated and controlled so as to protect the health, safety and welfare of the citizens of the Town of Mount Pleasant and, to the maximum degree possible, preserve and protect the aesthetic qualities of the Town of Mount Pleasant. Accordingly, this chapter is enacted to accomplish this stated purpose and intent.
As used in this chapter, the following terms shall have the meanings indicated:
SATELLITE ANTENNA
Includes any parabolic reflector, antenna or other device or equipment of whatever purpose or kind, the primary purpose of which is to receive radio frequency transmissions from space satellites in the one-meter band assigned to FM and television programming.
No person shall cause, allow or permit the erection, installation and/or maintenance of any satellite antenna upon any land within the Town of Mount Pleasant unless in conformity with the provisions herein set forth.
A. 
Size. No satellite antenna erected or maintained within the Town of Mount Pleasant shall exceed, in any dimension, 12 feet in height, width or depth. All measurements of height shall be taken from ground level. 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 shall (except for footings, foundations or buried wire) be located below ground level.
B. 
Location.
(1) 
No more than one satellite antenna shall be located on any lot and shall be located in the rear yard at ground level.
(2) 
No satellite antenna shall be constructed, installed or maintained except as an accessory structure to an existing building on the same lot and shall be used only by the existing building.
(3) 
All satellite antennas shall conform to the Town of Mount Pleasant's Schedule of Zoning Regulations as applicable to side and rear yard setbacks for the use district in which the antenna will be located.[1]
[1]
Editor's Note: See Ch. 218, Zoning.
(4) 
The satellite antenna shall be screened from adjoining lots by the installation and maintenance of a planted visual barrier composed of evergreen plantings, the height of which (after planting) is at least equal to the height of the satellite antenna.
(5) 
No satellite antenna shall be installed unless approval of the same has been granted by the Planning Board of the Town of Mount Pleasant as hereinafter provided and a building permit is obtained therefor.
C. 
Restrictions.
(1) 
These regulations pertain solely to satellite antennas constructed for noncommercial private reception.
(2) 
The retransmission or relay of signals from a space satellite to another site containing an antenna capable of receiving said signal is prohibited.
(3) 
Roof-mounted paraboloid satellite antennas are prohibited.
The Planning Board of the Town of Mount Pleasant is hereby designated and empowered to review and pass on all applications for the construction and/or installation of satellite antennas within the Town of Mount Pleasant.
A. 
All applicants for permits to construct satellite antennas within the Town of Mount Pleasant shall make written application therefor to the Planning Board. The application shall include, but not be limited to, the following:
(1) 
Specific site data placed on a map acceptable to the Planning Board, which shall be prepared to 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.
(a) 
The location of property lines and permanent easements.
(b) 
The location of all structures on the site and all structures on any adjacent property within 15 feet of the property lines.
(c) 
The location of all utility poles, above and below ground utility lines, trees or other natural or artificial structures.
(d) 
The nature and extent of required evergreen plantings.
(2) 
All information prepared by the manufacturer of the antenna for which a permit is being sought, including but not limited to the following:
(a) 
The make and model.
(b) 
The manufacturer's suggested installation instructions.
(c) 
The manufacturer's suggested maintenance and/or inspection procedures.
(3) 
Any other information which the Planning Board deems reasonable or necessary in order to review the application.
B. 
Public hearing.
(1) 
After receipt and review of a completed application, the Planning Board shall conduct a public hearing upon the application. In addition to the public notice, the applicant shall personally serve notice on all landowners and/or residents within 200 feet of the site covered by the application, at least 10 days prior to the public hearing.
(2) 
The Planning Board shall review and consider the application and shall determine whether or not the proposed antenna will:
(a) 
In any way adversely affect the public health, safety or welfare.
(b) 
Interfere with the reasonable use and enjoyment or aesthetics of abutting properties.
(3) 
The Planning Board, in granting any approval, may require the applicant to provide additional safeguards or other measures that it deems necessary or proper to reduce or eliminate aesthetic or safety concerns.
If the application is approved by the Planning Board, the applicant shall submit and file with the town all other federal, state and local permits or approvals which may be required for the construction, installation and/or maintenance of the antenna. Upon completion of the construction and/or installation of the antenna, the applicant shall submit to the town a certification that the construction and/or installation, as completed, is in full compliance with the manufacturer's suggested installation procedures.
Where there is an unnecessary hardship in carrying out the strict letter of this chapter, the Planning Board of the Town of Mount Pleasant shall have the power to vary or modify any of the regulations or provisions contained herein. In no case shall the reduction of any minimum requirement be greater than 60% of said requirement.
Any person, firm or corporation violating any sections of this chapter shall, upon conviction, be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).