The residents of the Town of Clayton have expressed a strong desire to maintain a small town atmosphere with close ties to the St. Lawrence River (re: 1995 and 2015 Comprehensive Plan community surveys). The Town of Clayton has as one of their prime sources of revenue the visitors and summer residents that come here to enjoy the beautiful area, especially the scenic St. Lawrence River. Sound land use planning dictates that all that is possible be done to preserve the aesthetic quality of this area.

The Town of Clayton recognizes the increased demand for alternative energy power generation, telecommunication facilities, and infrastructure that may occasionally require departure from the general height restrictions defined in § 235-5. The intent of this section is to ensure the siting of these tall structures in a manner consistent with sound land use planning by:

Any request for a tall structure as defined in this section shall be considered a Type I Action under the New York State Environmental Quality Review Act.

No tall structure shall hereafter be used, erected, moved, reconstructed, changed or altered except after the approval of a special use permit and in conformity with these regulations. No existing structure shall be modified unless in conformity with these regulations.

These regulations shall apply to all districts in the Town.

Exceptions to these regulations are limited to new uses that are accessory to residential uses and lawful or approved uses existing prior to the effective date of these regulations.

Where these regulations conflict with other laws and regulations of the Town of Clayton, the more restrictive shall apply, except for structure height and setback restrictions which are governed by these special use standards.

Reasonable site planning precautions shall be engineered so risks to life, property, wildlife, forested areas, wetlands, and repurposing of agricultural acreage shall be minimized.

No special use permit shall be issued for the new use of a preexisting tall structure unless the proposed use is deemed by the Joint Planning Board to be in compliance with the Comprehensive Plan, the LWRP and the Chaumont River Corridor Waterfront Revitalization strategy plan.

At all times, shared use of existing structures shall be preferred to the construction of new structures. Additionally, where such shared use is unavailable, location of antenna(s) on preexisting structures shall be considered. An applicant shall be required to present an adequate report listing existing tall structures within a reasonable distance of the proposed site and the possible use thereof.

The applicant shall pay all reasonable fees and costs of adapting an existing structure to a new shared use. These costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or lease required to accommodate shared use.

Residential and commercial buildings and their accessory use(s) may by special use permit allow tall structures not in accordance with regulations for the underlying district if the tall structure does not detract from the character of the surrounding structures and neighborhood.

Telecommunication facilities may be allowed by special use permit in the Agricultural and Island Residential (A-IR), Agricultural and Rural Residential (AR), Industrial (ID), Marine Development (MD), and Marine Residential (MR) Districts only if the applicant provides specific scientific evidence that the facility site is required to maintain adequate service. Telecommunication facilities in all other districts shall not be permitted. Telecommunication structures shall conform to static structure setback requirements of this section.

Church steeples may be erected by special use permit in any district except Conservation (CON).

Elevated water tanks connected to any public water supply system may be erected by special use permit in any district except Conservation (CON) and shall conform to static structure setback requirements of this section.

Commercial and industrial smokestacks may be erected by special use permit only in the Agricultural and Rural Residential (AR) and Industrial (ID) Districts and shall conform to static structure setback requirements of this section.

Small chimney flues from heating appliances attached to residential and commercial structures shall be permitted and inspected through a building permit as outlined in § 235-16C, do not require a special use permit, and are limited in height to five feet above the highest roof elevation. The structure and chimney may be subject to other permit requirements in this chapter.

Amusement and carnival rides such as roller coasters and Ferris wheels shall conform to a static structure setback from parcel boundaries. Temporary installations associated with traveling shows installed for no more than 15 days do not require a special use permit. Installations for longer durations, including permanent structures, require a special use permit before construction.

Any wind energy facility shall use its electricity for primarily on-site consumption to offset utility expenses and/or provide independence from the power grid, with ties to the electrical grid as approved by the utility company. Power production primarily for sale to the electrical grid shall not be permitted. Each facility shall conform to height and setback requirements of this section.

Agricultural silos, barns, and other tall agricultural accessory use structures shall conform to the height regulations and special use permit requirements outlined in this section. Agricultural wind energy facilities shall conform to height, setback and special use permit requirements defined in this section.

Public utility poles required for the delivery of electric, telecommunication, and/or streetlighting service(s) to customer premises may be erected without a special use permit in any district except the Conservation (CON) District. This section does not apply to telecommunication facilities, which is governed by Subsection E(2) of this section.

No tall structure shall be permitted within the Town unless the structure's use is explicitly enumerated in this section. An applicant may petition the Joint Zoning Board of Appeals for use or area variances as required.

Any applicant seeking a special use permit under this section shall be required to submit a site plan as described in § 235-13 of this chapter. If the application is for a wind energy facility, the site plan shall also include documentation on the proposed capacity and uses as well as justification for the height of any structure and associated instrumentation or turbines. Additionally, all special use permit applications to the Joint Planning Board under this section shall require that the site plan include a completed visual environmental assessment form. The Joint Planning Board may require submittal of a more detailed visual analysis and/or local waterfront revitalization plan (LWRP) review, based on the results of the visual environmental assessment form.

For new telecommunication structures, the applicant shall be required to submit a search ring prepared, signed and sealed by a licensed engineer in New York State and overlaid on an appropriate background map depicting the area within which a communication facility needs to be located, in order to provide proper signal strength and coverage to the target cell. The applicant must explain to the Joint Planning Board why it selected the proposed site and discuss the availability or lack thereof of a suitable structure within the search ring for co-location and the extent to which the applicant has explored locating the proposed structure in a less sensitive area. All correspondence with other telecommunication providers shall be included as part of the application.

In the interest of minimizing the number of new tall structures, the Joint Planning Board shall require as a condition of any permits granted, that the applicant indicate in writing its commitment to co-location of other uses on its tower(s). The applicant will agree to negotiate in good faith for shared use of the proposed tower by other co-locators in the future. The condition for future co-location may not be required if the applicant demonstrates that provisions of future shared usage are not feasible based on:

All structures shall be sited to minimize the adverse visual effect on the environment.

Tall structures supporting only nonmoving instruments shall maintain a property line setback of 1 1/2 times the total structure height. The setback measurement shall begin from the outermost edge of the structural base.

Tall structures supporting any moving features or parts larger than one meter in diameter, including but not limited to a wind energy facility, shall maintain a property line setback of 5.5 times the total structure height. For wind energy facilities, the setback measurement shall start from the outermost point of any turbine blade at any directional position on the tower or outermost edge of the structural base, whichever is further from the central vertical axis of the tower. Tall structures with moving features or parts larger than one meter in diameter shall not be permitted closer than four miles to the high water mark of the St. Lawrence River, inclusive of the French Creek Basin, nor within 2,000 feet of the Hamlet (H), Residential (R-1), or the CRCWRA Zoning District boundaries.

Setbacks shall apply to all structural foundations, appurtenances, and turbine parts excluding guy wires and anchors. All accessory structures shall comply with the existing setbacks within the underlying district regulations found in § 235-5.

Guy wires and anchors shall have a minimum fifteen-foot setback from any structure or property line.

In no case shall setbacks be less than the existing setbacks within the underlying district.

Additional setbacks may be required by the Joint Planning Board to preserve privacy or protect health, safety and welfare of adjoining property owners.

Tall structures shall not be artificially lit except to assure human safety as required by the FAA and employ ground-avoidance in lighting fixture selection. Aviation safety lighting shall be night-vision-goggle compliant.

Tall structures shall be galvanized finish or painted gray unless other standards are required by the FAA. Structures should be designed and sited, including height limitations, so as to avoid, whenever possible, application of the FAA lighting and painting requirements.

Ground-based floodlights use for nighttime illumination shall minimize light dispersion and pollution in directions other than onto the structure. The Planning Board may impose additional restrictions regarding illumination to reduce impacts to adjoining parcels and maintain neighborhood character.

Existing on-site vegetation shall be preserved to the maximum extent possible.

Deciduous or evergreen tree planting may be required to screen portions of the structure(s) from nearby property.

All information prepared by the manufacturer of the proposed structure, tower, instruments and/or turbine (if a wind energy facility), including but not limited to:

A copy of the applicants FCC and/or FAA licenses (if applicable).

When shared use is possible, an engineer's report certifying that a proposed shared use will not diminish the structural integrity and safety of the existing tall structure or explaining what modification(s), if any, will be required in order to certify to the above.

Documentation from the owner of an existing tall structure or tower for allowed shared use.

Documentation that all guy wires, guy wire anchors and structures shall be sufficiently secured to protect them from trespassing or vandalism.

The applicant shall agree in writing to keep the tall structure facility, including road and all surrounding area in good working order and safe condition.

The applicant shall agree, in writing, and post a bond or other security acceptable by the Joint Planning Board approximate to the sum of anticipated removal expenses at the end of useful service, to remove the structure if the facility becomes obsolete, damaged beyond use, or ceases to be used for its intended use for 12 consecutive months. After that twelve-month period, removal shall take place within six months. Such agreement shall also include a commitment by the applicant to impose a similar obligation upon any person subsequently securing any rights to the structure.

All applicants applying for tall structure special use permits shall reimburse the Town of Clayton for fees incurred for consultants and/or specialists to assist in the application and/or engineering costs, and may be required to enter into an agreement and maintain a fund with the Town for such purpose.

The owner of any tall structure shall have it inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Town of Clayton Zoning Enforcement Officer.