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.

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

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.

Provisions for location of use.

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.

Design.

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.

Application requirements. Applications shall include the following:

Considerations.

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.

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.

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.

Any antenna or tower must be located in the rear yard.

A tower base shall be separated from the property line by 110% of the height of the tower.

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.

Standards applying to all use districts.

Standards applying to all residential use districts except the AAAB District and Planned Landmark Preservation District.

Standards applying to all General Service, Business and Industrial Districts.

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.

The trailer must be placed on the same plot as the house which is being rebuilt, or a contiguous parcel.

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.

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.

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.

The trailer must be placed on the same plot as the construction site, or a contiguous parcel.

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.

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.

The amount of front yard area consisting of asphalt, gravel, stone 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.

The parking of vehicles or personal trailers in prohibited in all front yard areas, except when parked on a driveway. This prohibition shall not apply if inclement weather conditions (such as flooding or snow accumulation) render it impracticable or impossible to comply therewith.

The amount of front yard area to be used for a pedestrian walkway cannot exceed 12% of the primary front yard.

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.

The parking of commercial vehicles or commercial trailers is prohibited. Exception: Parking of commercially registered pickup trucks or vans having a gross vehicle weight of less than 9,000 pounds, provided that either type of vehicle does not bear any commercial advertising or identification; pickup trucks or vans having a gross vehicle weight of less than 9,000 pounds and bearing commercial identification may be parked only between 8:00 p.m. and 7:00 a.m., provided that any such vehicle is within an enclosed garage.

The parking or placement of commercial equipment is prohibited. Exception: commercial equipment associated with valid permitted construction, alteration or development as determined by the Commissioner of the permit issuing department or their designee.

The parking of an unlicensed or inoperable vehicle or trailer is prohibited.

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.

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.

Any industrial accessory wind energy turbine, as defined in § 68-3, shall comply with the requirements in § 68-420.10 of this chapter.

The fee for any accessory wind energy turbine application shall be limited to $15.

The review of any accessory wind energy turbine application may be expedited at the discretion of the Building Division.

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.

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.

The design of any accessory wind energy turbine shall conform to applicable New York State codes.

Any accessory wind energy turbine shall be designed to withstand winds of up to 120 miles per hour.

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.

Electrical components. All electrical components of the accessory wind energy turbine shall conform to relevant and applicable local, state and national codes.

Visual appearance; power lines.

Any tower used in connection with an accessory wind energy turbine shall not be climbable up to 15 feet above ground surface.

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.

Noise and shadow flicker.

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.

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.

Height.

Yard setbacks. Yard setbacks shall be derived from the maximum effective height of any turbine as stated above.

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:

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).

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.

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.

It is also the intent of the Town Board to create a distinction between those industrial properties that may be better suited for industrial accessory wind energy turbines and all other properties which may be able to accommodate an accessory wind energy turbine as described in § 68-420.9.

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.

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.

Any property that does not meet the criteria specified herein may continue to be eligible for the construction of an accessory wind energy turbine pursuant to § 68-420.9.

The fee for any industrial accessory wind energy turbine shall be $500.

The review of any industrial accessory wind energy turbine may be expedited at the discretion of the Building Division.

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.

The subject property must be within the Industrial 1 District, Industrial 2 District, or the Industrial Corridor District.

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).

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.

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.

The subject property is free of any open code violations.

A primary, permitted use exists on the subject property.

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.

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.

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."

The proposed wind turbine is certified to withstand a 120 mile per hour wind by a licensed professional engineer.

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.

The design of any accessory wind energy turbine shall conform to applicable New York State codes.

Any industrial accessory wind energy turbine shall be designed to withstand winds of up to 120 miles per hour.

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.

Electrical components. All electrical components of the accessory wind energy turbine shall conform to relevant and applicable local, state and national codes.

Visual appearance; power lines.

Any tower used in connection with an accessory wind energy turbine shall not be climbable up to 15 feet above ground surface.

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.

Noise and shadow flicker.

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.

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.

Height.

Yard setbacks.

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:

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).

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.