The proposed use, building, design and layout shall meet the provisions of this chapter and other regulations and ordinances of the Town of Chatham.

The proposed use, design and layout will be of such a location in such size and character that it will be consistent with the development of the surrounding area.

The proposed use and layout will be of such a nature that it will not increase vehicular or pedestrian traffic hazards in the area involved. Factors for the Planning Board to consider in this determination are the turning movements in relation to traffic flow, proximity to and relationship to intersections, adequacy of sight distances, location and access of off-street parking, provisions for pedestrian traffic and minimization of pedestrian-vehicular contacts.

The proposed location and height of buildings or structures, walls and fences, parking, loading and landscaping shall be such that it will not interfere with or discourage allowed development in the use of the land adjacent to the proposed site or unreasonably affect its value.

Signs shall be in accordance with the regulations of this chapter and, in addition, shall be so designed and located as not to present a hazard, glare or unattractive appearance to either adjacent property or to motorists.

Outdoor lighting shall be in accordance with this chapter.

A development that will be a permanent and long-term asset to the town.

A pattern of development which preserves trees, natural topography and geologic features and prevents soil erosion and provides for landscaped areas.

An efficient use of land resulting in smaller networks of utilities and streets.

An environment in harmony with surrounding developments.

A more desirable environment than would be possible through the strict application of other sections of the law.

A development that meets the intent of the comprehensive plan.

The proposed location is adjacent to a public road that is adequate to handle the expected traffic generated by the facility.

The proposed location is at least one mile as measured along public roadway from other existing business development.

The proposed use and layout is of such a nature that it makes vehicular or pedestrian traffic no more hazardous than is normal for the area involved. Factors to consider in this determination are the turning movements in relation to traffic flow, proximity to and relationship to intersections, adequacy of sight distances, location and access of off-street parking, provisions for pedestrian traffic and minimization of pedestrian-vehicular contacts.

The proposed location and height of buildings or structures, walls and fences, parking, loading and landscaping shall be such that it does not interfere with or discourage the allowed development in the use of land adjacent to the proposed site or unreasonably affects its value.

Proposed signs are in accordance with the regulations of this chapter and, in addition, are so designed and located as not to present a hazard, glare or unattractive appearance to either adjacent property or to motorists.

Adequate landscaping and lighting is provided.

Essential nature of service.

Operation under a federal or state franchise or permit providing some measure of public regulation.

Providing a product that must be piped, wired, transmitted or otherwise served to each user with a supply to be maintained at a constant level.

User has no alternative source, and supplier has no alternative means of delivery.

New York State Environmental Quality Review Act (SEQR). The proposed use or structure shall be deemed to be a Type I action, as defined in the New York State Environmental Quality Review Act (SEQR).

Public necessity. The applicant must show that the use structure or facility is a public necessity; that its proposed useful life will be; that the same is required in order to render safe and adequate service; and, that there are compelling reasons, economic or otherwise, which make it more feasible to use the proposed site or facility than to use alternative facilities or sources of the same service that may be provided by other facilities.

As a public policy of the Town of Chatham, the shared use of existing public utility structures is preferred to the siting, location and construction of additional new facilities. An applicant hereunder shall be required to present a detailed inventory locating all existing public utility structures providing the same service, either within the Town of Chatham or reasonably adjacent thereto, which said structures might adequately serve the needs of the applicant if the applicant shared the use of such facility with the existing owner.

An applicant requesting permission to share the use of an existing public utility structure or parcel within the Town of Chatham shall be required to provide documentary evidence of consent from the existing owner, and that such intensified use will not have a detrimental effect on the public health, safety or other utility services already being provided.

The purpose of these supplementary requirements and standards is to regulate the development of communication or broadcast towers and facilities in the Town of Chatham, consistent with the general purposes stated in the Town Code of the Town of Chatham, to accommodate the necessary infrastructure for the provision of telecommunications services or other types of broadcast within the Town, to address the visual, aesthetic and land use compatibility aspects of telecommunications or broadcast facilities, towers and antennas and more specifically to:

This section does not apply to citizen band, short wave and/or two-way radio antennas for ordinary residential or recreational use and shall be no more than five feet taller than any structure within the zone.

The proposed use shall conform to the general requirements and procedures of the Town Code of the Town of Chatham pertaining to approval of special uses as stated in § 180-44. The required application for site plan review shall conform to the requirements and standards in § 180-17 regarding site plan review.

Where an application involves the addition or removal of antennas or other equipment onto or from the site of an existing communication or broadcast tower and facilities (or tower facility) by the current users or operators of said facilities, such application may, at the discretion of the Zoning Board of Appeals, be considered exempt from the requirements for approval of special use permits and the related site plan review. Exemption from approval of special use permits and the related site plan review shall only be granted for proposed development that complies with the criteria below and shall be subject to a building permit:

Name(s), address(es) and telephone numbers of persons preparing submitted plans, reports and information;

Name(s), address(es) and telephone numbers of the property owner, operator and applicant and their involved affiliates;

Name(s), address(es) and telephone numbers of owners of all properties adjacent to the proposed site or within a one-quarter-mile radius of the proposed site;

Elevations and details of the proposed structure, including the height, width, depth, location and configuration of guy wires or other anchoring devices, type of materials, color(s), lighting, the number and type of all proposed antennas, and receiving and transmitting equipment and other relevant information for all existing and proposed structures, equipment, parking and all other related improvements. The elevations and details shall provide, as appropriate, information about the facilities of other users if the applicant is considering the collocation of additional antennas, equipment and other facilities, including the relationship of the height of the tower to the feasibility of collocation of additional facilities. The special use permit and site plan review applications shall also include a description of the proposed communication or broadcast tower and facility and such other information that the Zoning Board of Appeals requires;

The special use permit application and/or site plan review shall indicate the location of the proposed access to the site, including the location of access to a suitably improved roadway, the length, width, grading, drainage, snow storage area and driveway profile and proposed surface material(s) and the environmental impacts thereof. The proposed access shall be used only for the purposes of construction, operation, maintenance and repair of the communication or broadcast tower and facilities. Any proposed fence or gate related to the access driveway shall be shown, including provision for police, fire or emergency vehicle access to the site and facilities;

Any substantial off-site impacts;

Visual analysis.

A landscape plan shall delineate existing vegetation and wooded areas to remain undisturbed, specimen trees of six inches in diameter at breast height (6" dbh) or larger, the height of the surrounding tree line, and shall identify vegetation to be removed, including areas to be kept clear by mowing, and the location, size, type and number of all proposed plantings. Additionally, any other improvements such as fences and walls shall be shown, including the purpose of such improvements and details, elevations, materials and color and any other information related to landscaping improvements, their purpose and appearance;

A statement about safety measures related to the project, such as fencing to prevent access to the tower structure and related equipment and lighting;

Documentation sufficient to demonstrate that the proposed tower height is the minimum height necessary to provide licensed communication or broadcast services to locations within the Town of Chatham which the applicant is not able to serve with existing facilities in the project site area. Additionally, documentation regarding height should address any variations in height necessary to accommodate collocation of antennas or other equipment by other users or operators;

An affidavit by the applicant regarding whether the construction of the facility will accommodate the collocation of additional communication antennas or facilities for future users, when technically and economically feasible, may be required. Said affidavit should examine the following:

A report prepared by a New York State licensed professional engineer specializing in structural engineering about the structural integrity of the proposed communication or broadcast tower and facility. The report shall demonstrate the structure's compliance with applicable standards and shall describe the structure's capacity, including the number and type of antennas it can accommodate, using illustrations as necessary. In the case of antennas being mounted on an existing structure, the equivalent of the above-required information shall be provided about the existing structure;

Report.

Coverage map and report.

When an applicant proposes to locate additional antennas, antenna arrays or facilities on existing towers or sites (collocation), the application may include information from a previously approved application for the same site or facility to address application requirements. The application must provide additional or updated information pertinent to the new antennas, antenna arrays or facilities and must address related changes in conditions on or near the site, including equipment shelter plans and specification sheets for the antenna as requested by the Zoning Board of Appeals. The submittal of materials of previous applications does not exempt the application for collocation from any of the procedural steps in the review of a regular application, unless said application meets the criteria for an exemption as set forth in § 180-22.1B, above.

If collocation is not proposed, an affidavit stating that collocation is not practically feasible. The Zoning Board of Appeals shall not accept greater financial cost alone as sufficient grounds for nonfeasibility of collocation. Evidence that an alternative contract or business arrangement is currently in use in the industry may be considered by the Zoning Board of Appeals that such alternative is financially feasible and thus available to the applicant. Said affidavit shall examine the aspects of feasibility noted in Subsection D(11) above. Said affidavit may also be required to address the feasibility of any alternate designs that are presented as mitigation measures for potential visual impacts of the proposed tower facility.

In order to assess the long-term effects of communication or broadcast tower development on the Town of Chatham and areas surrounding the proposed tower site, the Zoning Board of Appeals may require the presentation of a long-range conceptual plan for additional communication or broadcast tower and facility development by the applicant. The long-range plan shall address the possible location of additional tower sites, the related service area coverage and alternative long-range plan scenarios that illustrate the potential effects of tower height on the number of towers in the service area.

If an applicant anticipates the potential collocation of antennas by other users on a proposed new communication tower, these facilities may be presented in the application. If specific users or operators, other than the principal applicant, are being identified by the applicant, then appropriate certification must be submitted with the application that the applicant is authorized by the other users, or that the other users are co-applicants, to properly represent such other users in the approval of the application. All application materials, plans and illustrations must clearly identify additional users' facilities and service areas as is required for the primary applicant or co-applicant, as appropriate.

If the application proposes a new communications tower in Zone T-2 or T-3, the applicant must provide evidence in the form of affidavits and RF plots outlining that the new tower is necessary to provide reasonable coverage in the Town of Chatham in accordance with the standards delineated in the Federal Telecommunications Act.

The collocation, or sharing, of existing tower structures for mounting of proposed communications antenna(s) or equipment shall be required upon the application of new towers and/or facilities. When a new tower structure is proposed, the applicant must demonstrate that the proposed communication or broadcast devices and equipment cannot be accommodated on an existing facility within the project area, including areas within the Town of Chatham and nearby areas in adjacent municipalities. When an applicant proposes collocation of a proposed antenna(s) on an existing structure, the applicant must demonstrate that the existing site will be properly adapted to the placement of additional antenna(s). As required by the Zoning Board of Appeals, the applicant shall address the capacity of the site and structure and necessary screening, landscaping, camouflaging and additional safety measures.

Height.

A proposed communication or broadcast tower shall be separated from all the boundary lines on the lot on which it is located by a distance equal to the height of the tower or the distance of the corresponding minimum yard setback (front, side and rear) according to the requirements for that zone as stated in the lot size, density and yard dimensions of the Town of Chatham Town Code, whichever is greater. Additionally, the base of any guy wire shall be subject to the normal setback requirements of the underlying zone in which the proposed tower is to be sited.

Related buildings.

The Zoning Board of Appeals, at its discretion, may require that security fencing be located around each communication or broadcast tower and facilities or related structures to secure the site, including provision for access to the tower facility through a locked gate. If required, said fencing shall be designed to minimize visual and aesthetic impacts.

When considering applications the Zoning Board of Appeals shall determine the volume of the proposed antenna, the volume of any future possible antennas and the effect and cumulative effect thereof.

Unless required by the Federal Aviation Administration (FAA) or other federal, state or local agency, the painting or marking of towers or monopoles shall have a finish or coloring that will minimize visual and aesthetic impacts and shall be visually unobtrusive to the maximum extent practicable.

Unless required by the Federal Aviation Administration (FAA), or other federal, state or local agency, no signals, lights or illumination shall be permitted on communication towers. Any lighting necessary for the related structures shall be minimized and shall be properly shielded to prevent glare onto adjacent properties. Motion-detection-activated lighting shall be used whenever practicable.

The base of the communication or broadcast tower or monopole and any related structure shall be effectively screened using primarily vegetative screening such as a continuous evergreen hedge consisting of native trees and shrubs. Clearing and site disturbance shall be minimized and shall conform to all pertinent Town regulations and requirements. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen structures from nearby properties or important viewsheds or scenic areas. All landscaping shall be properly maintained to ensure good health and viability. The landscaping and screening maintenance as set forth above shall be the responsibility of the applicant, its successor in interest, any lessee of the tower and the landowner.

All communication or broadcast tower facilities shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment. Alternative designs may be considered, such as flagpole technology (a monopole with internal antennas), a camouflaged pole, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles, or other designs that may provide for the mitigation of visual impacts. Any alternative design option considered hereunder shall be consistent with the purpose, procedures, requirements and standards of these supplementary regulations. Concealed towers and short towers shall be used whenever feasible and whenever possible shall be situated off ridgelines and where the visual impact is least detrimental to scenic areas and residential properties.

Signage shall be prohibited on communication or broadcast tower facility sites except for one identification sign that shall not exceed the minimal permitting requirements and design standards in § 180-32 of the Town of Chatham Town Code. Such signage shall include notification of any hazardous materials, gasoline or batteries stored within the facility. Except as specifically required by a federal, state or local agency, no sign shall be permitted on a tower or monopole.

The terms of any approval for a communication or broadcast tower and facilities shall require the applicant to deposit with the Town an amount in escrow of a sum of money sufficient to remove the tower, antenna and associated facilities. Such amount shall be arrived at based upon the recommendation of the Town's engineer and other appropriate professionals, including the owner/operator's engineer. Said funds shall be deposited in a separate, interest bearing account and shall not be utilized for any purpose except as stated herein. The interest earned on said funds may, upon the written request of the applicant, be returned to applicant on an annual basis. At any time, the Zoning Board of Appeals may review the sufficiency of the amount in escrow to complete the removal of the tower and facility and may require a further or additional amount to be deposited in the event a determination is made that same is necessary based upon the recommendation of the Town's engineer and other appropriate professionals including the owner/operator's engineer. The Town shall not utilize the escrow funds herein to remove the tower and facility unless same has been abandoned as defined herein and the owner/operator or its successor in interest has failed to remove the facility after more than 30 days following a written demand by the Town to do so. The owner/operator and/or its affiliate shall be liable for all applicable penalties and fines independent of any amount remaining in escrow and relating to any obligation(s) which arise regarding the issuance and use of a special use permit and site plan review approval.

In any approval for a communication or broadcast tower and facilities, the Zoning Board of Appeals shall require an irrevocable commitment from the owner of the tower, antenna and related facilities, the owner of the land upon which the tower is located and any and all lessees and the affiliates of any of the above, to defend, indemnify, and hold the Town of Chatham, its boards, officials, employees and agents, free and harmless from judgments or costs, including reasonable attorneys fees, arising directly or indirectly from the construction, use, operation and/or removal of the tower, antenna and related facilities except as to those arising from the Town's own negligence.

Notwithstanding any inconsistent provision of the Town Code, in the event that the use of a communication or broadcast tower and facilities has been discontinued for a period of 120 consecutive days or more or the owner/operator notifies the Town of its intention to discontinue its use thereof, the facility shall be deemed to be abandoned. If there are two or more operators or users of a communication or broadcast tower facility, then this provision shall become effective only when all users have discontinued use of said facility. The Building Inspector shall make a periodic inspection of the premises, at least annually, on the anniversary date of the granting of the special use permit herein. The Building Inspector shall make a determination of the date of abandonment and shall request documentation from the owner or operator of the facility regarding usage within five days of the determination of abandonment.

Within 90 days after the determination of abandonment by the Town Building Inspector, or the revocation of a special use permit or site plan review approval, the tower facility and related structures shall be removed by the owner or operator and shall be properly disposed of in accordance with all local, state and other laws and regulations regarding such disposal.

The applicant or its successor in interest shall be required to file a copy of any certification of compliance which the owner/operator files with the FCC related to the operation of the communication or broadcast tower and facilities and copies of complaints with the Town Clerk.

Alteration of an existing communication or broadcast tower or monopole, antenna or any related building or other structure or improvement, including a plan for the collocation of facilities, which results in a change in the use of said facility, or a change in the type(s) of antenna(s), or an increase in the size, height or bulk of the antenna(s) or tower, or an increase in the type or intensity of lighting, or reduction of any of the improvements related to screening of the facility, shall be permitted only after application to the Zoning Board of Appeals. The application shall be reviewed as if the alteration were a new application for a special use permit, and a new application for site plan review approval, and may include appended materials from a previous approval.

The application for alteration of an existing communication or broadcast tower and facilities may be exempt from application procedures, provided that the proposed alteration complies with the standards as provided in § 180-22.1B.

The applicant shall submit to the Planning Board Secretary the following documents:

The Town shall not bear costs for outside consultant reviews deemed necessary by the Town pertaining to the project or the permitting process. Prior to the Town incurring any costs necessary for its deliberations and chargeable to the applicant, the Planning Board shall advise the applicant of said costs and obtain the applicant's agreement to bear such costs.

The applicant shall furnish the Planning Board with all information in his possession which might affect its decision. In addition, the applicant shall be responsible for promptly providing the Planning Board with any new information or circumstances since the filing date of the application.

If approved, the special use permit shall be issued by the Planning Board for a three-year period, subject to annual inspection by the Planning Board or its designee, and to revocation for a finding of noncompliance with any condition of the permit.

Any permit, when issued, shall explicitly state all operating conditions which are necessary to assure compliance with this section, applicable Town and state laws, ordinances, regulations, and operational procedures designed to minimize physical and aesthetic damage to the environment.

Each extraction site shall be governed by an individual permit. If an operating group conducts extraction operations at more than one site in the Town of Chatham, the conduct at all sites shall be considered in determining the provisions of each special permit and may be grounds for denial or restrictions of such permit.

The Planning Board shall review all small-scale mining permit applications in accordance with the standards for approval of a special use permit under §§ 180-43 and 44 and the following provisions:

The Planning Board, for good cause shown and in its sole discretion, may waive the strict enforcement of the above standards when considering a permit renewal hereunder.

Reclamation shall occur after the removal of 750 yards or 1,000 tons of mineral, unless the Town Planning Board determines that a different reclamation schedule is more appropriate.

All final site drainage shall be designed, sloped, revegetated or treated by other measures so that drainage patterns, including volume and outflow points, will be the same as before the mining occurred, unless an alteration of patterns would improve drainage in the surrounding area. Measures must be specified to prevent erosion and sedimentation of wetlands, watercourses and ponds. The premining quality of any underlying aquifer must be preserved.

No slope shall be left with a grade steeper than one foot vertical on three feet horizontal for gravel, or its normal repose slope for other minerals.

All restoration material used in the final grading of the site shall be free from refuse or toxic contantants and shall be compacted as much as is practical, such as by installation in layers. Stumps, boulders and nontoxic debris generated by the mining operation shall be removed from the site and disposed of, or buried and covered with a minimum of two feet of soil. All toxic debris and waste, including petroleum products, shall be removed from the mining site for proper disposal.

Final soil depths and types shall be appropriate for the expected reuse specified in the application. Subsoil and topsoil shall be respread over the excavated area to a minimum depth of one foot: six inches of topsoil and six inches of subsoil. If the original soil depth was less than one foot, restoration shall be to a minimum of the original depth.

All topsoil shall be stripped from the active excavation area and stockpiled on site and seeded for use in accordance with the reclamation plan. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property.

Revegetation of the site to control dust and erosion and to restore the natural character is required. The operator shall maintain the vegetation for two growing seasons to ensure viability.

All installations must comply with National Electric Code, NFPA 70, and Article 625.

All installations must comply with the New York State Building Code, New York State Residential Code, New York State Existing Building Code, New York State Fire Code, New York State Plumbing Code, New York State Mechanical Code, New York State Fuel Gas Code, and the New York State Energy Conservation Construction Code.

Any person installing a charging station must, prior to installation, notify the utility providing electric power to the property.

Each electric vehicle charging station shall include vehicle impact protection (bollards) or a similar structure.

Components for electric vehicle charging stations may encroach up to 36 inches into a required setback or buffer.

No more than one charging station may be installed on any parcel except for the Business and Industrial District, where two charging stations may be installed on each parcel. Additional stations shall require a special use permit by the Zoning Board of Appeals.

Notwithstanding any regulation to the contrary, electric vehicle charging shall be a permitted accessory use in all zoning districts.