Village of Washingtonville, NY Supplemental Use and Building Regulations

No accessory building shall be placed within a required front yard or a required side yard.

A private garage may be constructed as a part of a dwelling, provided that the garage walls shall be regarded as dwelling walls in applying front, rear and side yard regulations.

No accessory building or private garage, if detached from a dwelling, shall be placed within 10 feet of the main building.

An access driveway may be located within a required front or side yard.

(6)

Required accessory buildings and uses shall be on the same lot with the main building or buildings or on a contiguous lot in the same ownership or within the site limits of a site plan of development submitted to the Planning Board or Board of Appeals as prescribed in this chapter.

(7)

Required accessory parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot.

(8)

No required accessory parking area or off-street truck loading space shall be encroached upon by buildings, open storage or any other use.

(9)

Accessory private garages may be constructed within or under any portion of a main building, provided that the access driveway does not at any point have a grade in excess of 10%.

(10)

Accessory parking areas and off-street truck loading spaces shall be suitably paved, drained and lighted and appropriately planted and fenced for the protection of adjacent residential properties in accordance with specifications of the village. Driveways and turning areas shall be of adequate width and radii to assure ease of mobility, ample clearance and convenient access, egress and safety of vehicles and pedestrians.

(11)

The adequacy of accessory parking areas and truck loading spaces for special exception uses shall be subject to review and determination as an integral part of the review of the site plan by the Board of Appeals, as provided in the applicable provisions of § 175-126D.

(12)

No fence, dividing wall or planting screen within a required yard shall be over four feet six inches high if solid, or over six feet high if at least 2/3 open, except where provided to screen a swimming pool or to screen a nonresidential use from an abutting residential use or district or as may be required by the Board of Appeals in approving an application subject to its action.

In any residential district:

Not more than 50% of the area of a minimum required rear yard shall be used as a parking area.

Wherever the average level of the ground within 10 feet of the street line across the front of the lot is eight feet or more above curb level, an accessory private garage for not more than two cars may be located not less than 10 feet from such street line.

The aggregate area of all private garages and other accessory buildings shall not occupy more than 40% of the rear yard area.

One parking space in a private garage accessory to a one- or two-family dwelling may be rented for storage of a passenger vehicle to a person who is not a resident on the property.

In any nonresidential district:

Except in an O & L District, an accessory parking area may be situated in whole or in part on the roof of the main building to which it is accessory.

Accessory parking areas shall be marked off into parking spaces, each with a minimum width of 10 feet and a minimum area of 200 square feet, exclusive of access driveways and turning areas.

An off-street truck loading space shall have a minimum width of 10 feet, a minimum length of 25 feet and minimum clear height of 14 feet, including its access from the street.

No manufacturing or industrial building or use of land and no wholesale business shall have any truck loading space or spaces or access driveway for trucks within 30 feet of any side or rear lot line which constitutes the boundary of any residential district.

In any multiple dwelling district:

In private garages accessory to multiple dwellings, no repairing of cars shall be done, but washing of tenants' cars shall be permitted if done without the aid of washing machinery.

Private garages accessory to multiple dwellings shall conform in exterior architectural style and treatment to the architecture of the main building or buildings and shall be of similar materials.

§ 175-82 Lot area, width and coverage requirements.

Notwithstanding the lot area, lot width and lot coverage requirements of §§ 175-10, 175-15, 175-20, 175-25 and 175-56, a single-family dwelling may be erected on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter, provided that the aggregate width of the side yards be not less than 25% of the lot width and that the narrower side yard be not less than three feet in width.

In any residential district, the street frontage of a lot hereafter laid out or partitioned from an existing lot shall not be less than 50 feet measured along the street line, except that there shall be no minimum street frontage required for a townhouse lot.

[Amended 11-19-1973 by L.L. No. 4-1973]

§ 175-83 Height requirements.

Nothing herein contained shall restrict the height of an antenna, church spire, cupola, dome, mast, belfry, clock tower, radio or transmission line tower, flagpole, chimney flue, water tank, elevator or stair bulkhead, stage tower, scenery loft or similar structure.

No structure erected pursuant to Subsection A to a height in excess of the height limit for the zone in which it is situated shall:

Have a lot coverage in excess of 10% of the lot area.

Be used for residence or tenancy purposes.

Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such structure.

No private garage or other accessory building in a residential district shall exceed 1 1/2 stories or 20 feet in height; in a nonresidential district, they shall not exceed 30 feet.

§ 175-84 Yards and courts.

The space in a required front yard shall be open and unobstructed except for:

An unroofed balcony or terrace, projecting not more than eight feet.

Steps giving access to a porch or first floor entry door.

Other projections specifically authorized in Subsections B and C below.

Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard and except that sills, belt courses and ornamental features may project not to exceed six inches. Cornices and eaves shall not project more than 18 inches.

Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.

§ 175-85 Corner clearance.

On a corner lot, within the triangular area (see sketch) determined as provided in this section, no wall or fence or other structure shall be erected to a height above the curb level in excess of two feet; and no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least eight feet above the curb level shall be permitted. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one on each street center line, each of which points is 75 feet from the intersection of such street center lines.

§ 175-86 Waiver of side yards for a business center development.

Where the side lot lines of two business center developments abut each other, side yard requirements for the abutting side yards may be waived so that the resulting space in said side yards may be utilized to create a continuous and compatible design and use of site area for buildings, parking, pedestrian and traffic access and circulation.

§ 175-87 Through lots.

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

§ 175-88 Courts.

In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:

One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.

Fifteen feet.

In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:

One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.

Two-thirds of the horizontal depth of such court.

Fifteen feet.

In all districts, the horizontal depth of an outer court shall not exceed 1 1/2 times its least width.

§ 175-89 Noncommercial swimming pools.

A noncommercial swimming pool shall not be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:

Such pool shall not be located in any required front or side yard.

The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality chain link wire fence of not less than four feet in height.

Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.

Such pool shall be not less than 30 feet from side and rear lot lines and six feet from the main building, unless such rear lot line abuts a green area, as designated on a filed subdivision map, in which case such pool shall not be permitted within five feet of such rear lot line.

[Amended 7-10-1989 by L.L. No. 5-1989; 9-10-1990 by L.L. No. 10-1990]

Such pool shall not occupy more than 35% of the balance of the rear yard area, after deducting the area of all private garages and other accessory buildings or structures.

If the water for such pool is supplied from a private well, there shall be no cross connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.

Such pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to public swimming pools.

No permit shall be granted for the installation or construction of said swimming pool unless the plans of said pool shall meet the minimum construction requirements of the Building Department of the village and unless the Village Engineer or a licensed professional engineer of New York State has certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

No loudspeaker or amplifying device shall be permitted which can be heard beyond the bounds of the property or lot where said pool is located.

When such pool is located within a required rear yard, a protective planting strip not less than six feet wide shall be provided adjacent to every lot line bounding the required rear yard. The design and layout of the required planting strip shall use suitable plant materials to attain and maintain a height of not less than eight feet, so as to effectively screen the pool from points outside these lot lines.

When such pool is located outside of any required yard, protective planting strips as described in Subsection K above shall be required when the pool is within 100 feet of a lot line.

§ 175-90 Minimum residential floor area.

Purpose. The requirements of minimum residential floor area are designed to promote and protect the public health; to prevent overcrowded living conditions; to guard against the development of substandard residential neighborhoods, to conserve established property values; and to contribute to the general welfare.

Minimum residential floor area requirement. Every dwelling unit hereafter erected, or remodeled to accommodate additional families, shall provide a minimum residential living area per family on finished floors, in conformity with the following schedule:

One- and two-family dwelling units: 900 square feet.

Multiple dwelling units: 500 square feet.

Townhouse dwelling units: 800 square feet.

[Amended 11-19-1973 by L.L. No. 4-1973]

The minimum residential floor area required in this section shall be exclusive of porches, breezeways, garages and basement and cellar areas.

§ 175-91 Floodplain controls; stream protection.

[Amended 3-2-1998 by L.L. No. 2-1998]

No building permit or certificate of occupancy shall be issued by the Building Inspector for the erection, structural alteration, enlargement or reconstruction of any existing or proposed structure or for the use or improvement of land which is located within an area of special flood hazard unless and until a development permit is issued pursuant to Chapter 93 of the Village Code, entitled "Flood Damage Prevention."

No application for site plan, special exception use, subdivision plan or other land use approval which includes land within an area of special flood hazard shall be granted approval by any board unless and until the applicant demonstrates that it can comply with the requirements of Chapter 93 and/or that it has been, or will be, issued any development permits required by Chapter 93.

No structure shall be erected on or moved to a location within 25 feet of the bank of a natural watercourse during periods of normal flow. The location of the bank shall be determined by the Village Board after report by the Village Engineer.

§ 175-91.1 Clustered subdivisions.

[Added 7-1-1996 by L.L. No. 3-1996

Editor's Note: This local law also provided that it would supersede any provision of § 7-738 of the Village Law adjudged inconsistent herewith.

]

In any residential district, after resolution of authorization by the Board of Trustees, the Planning Board may review and approve a clustered subdivision plan for the development of a specific property in accordance with § 7-738 of the Village Law and the procedures and requirements set forth in this law.

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

CLUSTER DEVELOPMENT: A subdivision plat or plats, approved pursuant to § 7-738 of the Village Law and this section, in which the applicable zoning local law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.

ZONING DISTRICTS: Those residential districts established by this chapter and shown on the Zoning Map of the Village of Washingtonville.

Authorization; purpose.

This section sets forth the standards and conditions upon which the Planning Board may request authorization from the Board of Trustees to approve a cluster development simultaneously with the approval of a subdivision plat or plats, subject to the conditions set forth in § 7-738 of the Village Law and in this section. Each proposed cluster development requires prior specific authorization by the Board of Trustees.

The purpose of a clustered plan of development is to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of open lands within the Village of Washingtonville, to facilitate the economical provision of adequate streets, utilities and other infrastructure facilities and to promote the most appropriate use of land.

Among the specific factors that will be considered by the Board of Trustees in determining whether to authorize the development of particular lands as a clustered subdivision are:

Whether the proposed clustering plan will allow a plan of development that conserves undisturbed lands, creates usable open spaces and recreation lands and preserves scenic aspects of the lands being developed to the maximum extent feasible.

Whether the proposed clustering plan will, in appropriate circumstances, increase the housing opportunities available to residents of the village by allowing greater variety in the type of units and reducing the cost of residential development.

Whether the proposed clustering plan will encourage preservation of woodlands and areas with valuable natural vegetation, wetlands, ridgelines and other attractive natural features and protection of aquifers and areas of groundwater supply or recharge, and discourage development of steep slopes and areas with potential for soil erosion, flooding or aesthetic impacts.

Whether the proposed clustering plan will encourage the development of land with shorter streets, in order to encourage the conservation of energy resources, reduce the costs of streets and other utilities likely to be dedicated to the public and facilitate the efficient provision of public services.

Authorization for a clustered development may be requested in any of the residential zoning districts of the village.

Procedure.

The Planning Board may itself make application for authorization to require the owner or developer of property proposed for development to submit an application for cluster development, subject to the criteria set forth in this section, if, in the Board's judgment, cluster development of the property would benefit the public interest.

If a cluster plan is proposed by the owner or developer (applicant) of the property, the following procedure shall be followed:

The applicant seeking approval of the cluster plan shall make a separate application setting forth the number and type of units proposed in the cluster plan; any modifications of the dimensional regulations of the zoning district that would otherwise be applicable to the property that are necessary to allow the cluster development; a rationale supporting cluster development; and such other information as the Planning Board may request in order to make a recommendation to the Board of Trustees for authorization to approve a clustered plan of development.

The Planning Board shall conduct an initial review and discussion with the applicant to determine whether the use of clustering appears appropriate and desirable.

If it appears clustering may be appropriate, the Planning Board shall direct the applicant to submit a conventional plan of subdivision in sufficient detail to demonstrate that the proposed cluster development will result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and other dimensional requirements and density requirements of the Zoning Code applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.

The Planning Board shall then make a report to the Board of Trustees as to the appropriateness and desirability of clustering, the number and type of units that would be developed on the property, any conditions that the Planning Board deems necessary and such other matters as the Planning Board deems appropriate and relevant to the purposes of clustered development, and request authority to approve the clustered development plan.

Upon receipt and review of the report and recommendation, the Board of Trustees shall determine whether it will authorize clustered development. If the Board of Trustees authorizes clustered development, it shall set forth the number and types of units authorized, any modifications of the lot dimensional requirements, and such other conditions as it deems appropriate.

(f)

Such authorization shall expire and become null, void and without effect unless a subdivision plan complying with the terms and conditions of the authorizing resolution is granted preliminary subdivision approval within two years of the date of said resolution and is filed in the County Clerk's office within three years of the date of said resolution, unless the Board of Trustees grants an extension of such time upon application by the Planning Board or the applicant, which extension(s) shall be limited to term(s) of one year.

(g)

Where the plat contains land within two or more zoning districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the sum of all units allowed in all such districts, and may authorize any actual construction to take place in all or any portion of said lands.

In instances where an application is made for a cluster development plan that does not consist entirely of detached single family residential units, the applicant or Planning Board, as the case may be, shall provide a rationale that demonstrates how the proposed plan of development will enhance the plan and promote the purposes of clustered development.

Every proposed cluster development shall be subject to review and public comment at a duly noticed public hearing or hearings held by the Planning Board pursuant to § 7-728 of the Village Law for the approval of plats.

On the filing of the plat in the office of the County Clerk, a copy shall be filed with the Village Clerk, who shall make appropriate notations and references thereto on the Village Zoning Map required to be maintained pursuant to § 7-706 of the Village Law.

Conditions of approval and other requirements.

As a condition of approval of a clustered development plan, the Planning Board shall require that the size of all proposed lots abutting improved residential lot(s) located in any zoning district in the village be not less than the average size of existing improved residential lot(s) located within 200 feet of the property line of the proposed development and shall require that the yard of any proposed lot which abuts any existing improved residential lot be not less than the abutting yard of the existing improved residential lot(s). Notwithstanding the foregoing, the lot size and/or yard requirement as set forth in this subsection need not exceed the minimum requirements applicable to conventional lots in the zoning district in which the proposed lot is located. The foregoing restrictions shall not apply in circumstances where the applicant demonstrates to the satisfaction of the Planning Board that a reduction in the lot size and/or yard requirement of any such proposed lot(s) will not adversely affect the existing improved residential lot(s) referenced herein, which reasons shall be set forth in the Board's written resolution of approval.

As a condition of approval of a clustered development plan, the Planning Board shall establish such conditions on the ownership, use and maintenance of the open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such lands. Such conditions shall be submitted to the Board of Trustees for review and approval prior to Planning Board final approval of the clustered subdivision plan, and shall include the following requirements:

Areas of the plat consisting of land designed and designated for open space, recreation, common areas or other purposes furthering the purposes of this section which are not to be accepted for dedication in fee by the village shall be owned by a duly established condominium or cooperative association, homeowners' association or individual lot owners in fee, with adequate provision made to ensure that such land remains dedicated to such use, cannot be further subdivided, is adequately maintained by the owner(s) of the fee and cannot be abandoned, for tax or other reasons, by the owner(s).

Such areas shall not be improved or used except as shown on the subdivision plan reviewed and approved by the Planning Board.

The approved plan shall be filed in the County Clerk's office and shall contain reference to recorded declarations setting forth all covenants and restrictions limiting the use of the property and providing for continuing and proper maintenance of the property, and any limitations or requirements imposed on the property as conditions of authorization and approval of the clustered development plan.

A clustered subdivision plan shall show all areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and any other features required by the Planning Board.

At the discretion of the Planning Board and the Board of Trustees, the type of dwelling units permitted in a cluster development may be detached, semidetached, attached or multistory buildings.

The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in the Zoning Code of the Village of Washingtonville applicable to such lands. Nothing in this section shall relieve the owner or developer of property from receiving subdivision approval in accordance with the applicable requirements of the Subdivision Regulations

Editor's Note: See Ch. 150, Subdivision of Land.

and the Zoning Code.

§ 175-91.2 Wireless communications facilities.

[Added 7-10-2000 by L.L. No. 1-2000

Editor's Note: This local law provided that it shall supercede other provisions of this chapter which regulate public utilities.

]

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

ADEQUATE COVERAGE: Coverage is considered to be adequate within the service area of the Village of Washingtonville if the minimum standards set forth by the Federal Communications Commission to permit the applicant to operate a personal wireless communications service within the area are met.

ALTERNATIVE TOWER STRUCTURE: Existing water towers, clock towers, steeples, light poles and similar existing structures.

ANTENNA: A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications.

CAMOUFLAGED TOWER: A structure which is designed and constructed to camouflage or conceal the presence of the tower, antennas, supports and appurtenances.
[Added 11-6-2000 by L.L. No. 6-2000]

COLLOCATION: The siting and/or mounting of multiple communications facilities used by the same provider, or by two or more competing providers, on the same property and/or antenna support structure or communications tower.

MAJOR WIRELESS COMMUNICATIONS FACILITY: Any wireless communications facility that is not a minor wireless communications facility. A major wireless communications facility includes all related and appurtenant buildings, structures and equipment, including a communications tower.

MINOR WIRELESS COMMUNICATIONS FACILITY: Any wireless communications facility situated on or in an existing building or other structure or on a camouflaged tower, where such equipment consists of a combination of antennas or other receiving devices necessary in number to facilitate the provision of wireless communications services from such location, provided that such minor installation is comprised of antennas or transmitting or receiving devices which are no more than six feet in height, including supports, and which are mounted on supports affixed to the existing structure or camouflaged tower; and may include, if necessary, a new small (10 feet by 20 feet and 10 feet high) building to house necessary equipment.
[Amended 11-6-2000 by L.L. No. 6-2000]

WIRELESS COMMUNICATIONS FACILITY: Any site containing equipment used in connection with the commercial operation of wireless communications services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7) (C), or as hereafter amended, to transmit and/or receive frequencies, including, but not limited to, antennas, monopoles, equipment, appurtenances and structures.

WIRELESS COMMUNICATIONS SERVICES: The provision of personal wireless communications services, including, but not limited to, those more commonly referred to as "cellular telephone service," which services are regulated by the Federal Communications Commission in accordance with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7) (C), or as hereafter amended.

WIRELESS COMMUNICATIONS TOWER: Any freestanding structure, including a lattice structure or framework and freestanding self-supported vertical pole (commonly known as a "monopole"), constructed for the placement of any equipment for use in connection with the provision of wireless communications services.

Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations. An application for approval of a wireless communications facility shall constitute a Type 1 action, except where the facility is conditionally permitted as provided in Subsection D(1)(a) or is permitted as provided in Subsection F(1).

Restrictions on use.

No wireless communications facility, except one approved by all authorities having jurisdiction prior to the effective date of this section, shall be used, located, constructed or maintained on any lot, structure or land area unless in conformity with this section. No wireless communications facility may hereafter be erected, moved, reconstructed, changed or altered unless in conformity with this section. No existing structure shall be modified to serve as a wireless communications facility unless in conformity with these regulations.

All wireless communications facilities shall at all times be in conformance with the rules and regulations of any governmental entity having jurisdiction over such communications facilities and uses, antenna and/or supporting structures and towers, including, without limitation, the FCC and FAA.

A wireless communications facility shall be operated and maintained by an FCC licensee only.

The applicant of a wireless communications facility shall show that the facility is necessary to provide adequate coverage to an area of the village which at that time is proven to have inadequate coverage and shall show that any proposed communications tower or antenna is the minimum height and aesthetic intrusion necessary to provide adequate coverage. The applicant seeking to locate a wireless communications facility in the village shall demonstrate the need for a new or additional tower or antenna; that the primary purpose of the facility is to provide adequate coverage within the village; and that the coverage area of the facility lies predominately within the village.

[Amended 11-6-2000 by L.L. No. 6-2000]

If a wireless communications facility is proposed for placement on a lot that is within or abuts a residential zoning district, the applicant shall prove that adequate coverage cannot be achieved by placing a facility on a lot which is not within or does not abut a residential zoning district, except where the facility is conditionally permitted as provided in Subsection D(1)(a).

(6)

All wireless communications facilities shall be constructed and maintained in conformance with all building, electrical, fire prevention and other applicable codes.

Major wireless communications facilities.

Approved zoning districts or other locations.

[Amended 11-6-2000 by L.L. No. 6-2000; 9-10-2001 by L.L. No. 3-2001]

Major wireless communications facilities are permitted as a conditional use on property designated as Tax Map No. 117-2-14.1,

Editor's Note: Said Tax Map is on file in the Village offices.

at a location approved by the Board of Trustees and the Planning Board.

If the applicant demonstrates that there is no site as provided in Subsection D(1)(a) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility, excluding a tower, is permitted as a conditional use on municipal water tank sites.

If the applicant demonstrates that there is no site as provided in Subsection D(1)(a) or (1)(b) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility, if located on a camouflaged tower, may be permitted as a conditional use on municipal water tank sites. Location of a major wireless communications facility on a proposed new tower is not permitted pursuant to this provision, unless the tower is approved by the Planning Board as a camouflaged tower.

Conditions precedent to granting site plan or conditional use approval.

Service coverage map and report. The applicant shall submit a service coverage map which shows and describes all existing and proposed areas of service coverage relating to the proposed communications facility. The service coverage map shall show the location and identify all existing sites in the village and in bordering municipalities which contain communications towers or related facilities. A detailed report shall accompany the service coverage map and shall show why the proposed communications tower, equipment and facility is necessary. The report shall identify locations within the proposed project site service coverage area which are not, and could not be, served by existing facilities, collocation, utilization of alternative technology or an alternative tower or other structure.

Long-range communications facilities plan. The applicant shall submit a facilities plan which shows that the proposed location of the communications facility and related buildings and equipment have been planned to result in the fewest number of communications transmission tower sites within the village. The plan shall indicate how the applicant intends to provide service throughout the village and how the applicant plans to coordinate with all other providers of wireless communications services in the village. The plan shall address the applicant's planned and possible location of additional tower sites, additional antennas, related or other service area coverage and alternative long-range plan scenarios that illustrate the potential effects of multiple towers and of tower(s) height, community intrusion impacts and visual and aesthetic impacts.

Community impacts. The applicant shall submit documentation which demonstrates that the proposed communications tower height and bulk is the minimum height and bulk necessary to provide licensed communications services to locations within the village which the applicant is not able to serve with existing facilities. Such documentation shall include evidence that visual, aesthetic and community character impacts have been minimized to the greatest extent practicable.

Demonstration that shared use is impracticable. A conditional use permit may be authorized for a major wireless communications facility only if the applicant demonstrates that shared use of existing structures or sites is impractical. An applicant shall be required to present a report inventorying all existing structures within 1/2 mile of the proposed site which are at an elevation suitable as potential sites. The report shall describe opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate that the applicant used its best efforts to secure permission for shared use from the owner of each existing facility as well as documentation of the physical, technical and/or financial reasons why shared usage is not feasible or practical in each case. The applicant's written request for shared use and the property owners' written responses shall be provided.

Commitment for future shared use. New wireless communications towers shall be designed to accommodate future shared demand for reception and transmitting facilities. The applicant shall submit to the Planning Board an irrevocable letter of intent committing the owner of the proposed new tower and its successors in interest to permit future shared use of the proposed tower by other telecommunications providers. This letter shall also be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the conditional use permit following a hearing and opportunity to be heard. The letter shall commit the new tower owner and its successors-in-interest to the following:

To respond within 90 days to a request for information from a potential shared-use applicant.

To use best efforts and negotiate in good faith concerning future requests for shared use of the tower by other telecommunications providers.

To allow shared use of the tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation and all of the costs of adapting the tower and/or equipment to accommodate a shared user without causing electromagnetic interference.

(f)

NIER certification. A written certification shall be submitted, prepared by a qualified engineer and/or health physicist, which calculates the maximum amount of nonionizing electromagnetic radiation (NIER) which will be emitted from the proposed wireless communications facility and demonstrates that any such emissions from the facility will be within the threshold levels adopted by the Federal Communications Commission as of the day of application. The certification shall include a statement or explanation of how compliance was determined; an explanation as to what, if any, restrictions on access will be maintained to ensure compliance; and a statement as to whether other significant transmitting sources are located at or near the transmitting site and, if so, whether those emissions were considered in determining compliance and the reasons why those emissions were or were not considered.

(g)

The applicant shall comply with all other requirements, standards and conditions set forth in the zoning code governing conditional use and site plan applications.

Other requirements.

Design.

Visual impact assessment. The applicant shall submit the following:

A viewshed analysis in order to determine locations where the tower and appurtenant facilities may be visible.

Graphic representations of "before" and "after" views from key viewpoints located inside and outside of the village, including, but not limited to, state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, residential developments and any other location where the site is visible to a large number of visitors or travelers.

Assessment of alternative tower designs and color schemes, as set forth in Subsection E(1)(b) below.

Assessment of the visual impact of the tower base, guy wires, accessory buildings and structures and overhead utility lines on abutting properties and streets.

Tower design. The applicant shall submit a report describing alternative tower designs, which includes lattice and monopole structures and other designs to minimize visual impacts. The Planning Board may request a review of the tower design by a qualified engineer in order to evaluate the need for, and the design of, any new tower and potential alternatives. All designs to be considered shall be required to include, at a minimum, the following characteristics:

Towers shall be designed to accommodate future shared use by other wireless communications providers.

Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners and streamers.

Any new tower shall be securely mounted to withstand the wind and ice loads and earthquake damage for the place of installation in accordance with New York State Uniform Fire Prevention and Building Code.

[5]

The height of any new tower shall be the minimum height necessary, considering shared use, to meet the minimum requirements of the Federal Communications Commission for adequate coverage of the service area.

Fully engineered site plan. The applicant shall submit a site plan in accordance with § 175-137 and showing, at a minimum, all existing and proposed roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping and shall include grading plans for new facilities and roads.

Engineer's report.

The applicant shall submit a report prepared by a New York State licensed professional engineer specializing in electrical engineering with expertise in communications facilities. If a monopole or tower is required and/or the electrical engineer is not qualified to certify the structural soundness of the installation, then an additional report shall be submitted by a New York State licensed professional engineer specializing in structural engineering. The report(s) shall contain the following information:

[a]

Name(s) and address(es) of person(s) preparing the report.

[b]

Name(s) and address(es) of the property owner, operator and applicant.

[c]

Postal address and section, block and lot number of the property.

[d]

Zoning district in which the property is situated.

[e]

Size of the property and the location of all lot lines.

[f]

Location of nearest residential structure.

[g]

Location of nearest occupied structure.

[h]

Location of nearest day-care center, school, camp or recreational area.

[i]

Location of all structures on the property.

[j]

Location, size and height of all proposed and existing antennas and all appurtenant structures.

[k]

Type, size and location of all proposed and existing landscaping.

[l]

Number, type and design of antenna(s) proposed and the basis for the calculations of capacity.

[m]

Make, model and manufacturer of the antenna(s).

[n]

Description of the proposed antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.

[o]

Frequency, modulation and class of service of radio equipment.

[p]

Transmission and maximum effective radiated power of the antenna(s).

[q]

Certification that the proposed antenna(s) will not cause interference with existing communications devices.

[r]

Elevation drawings depicting the front, side and rear of the property, illustrating the proposed antenna(s), mounting device and structure, if any, on which the antenna(s) is mounted.

[s]

A map depicting and listing all existing sites in the village and bordering municipalities containing transmitting antenna(s) used by the operator, owner or applicant.

[t]

All applications, communications and permits submitted to or issued by the Federal Aviation Administration and Federal Communications Commission.

The Planning Board may, in a proper case, waive one or more of the requirements of this Subsection E(1) and may require additional reports or evidence that it deems necessary to ensure that the health, safety and welfare of the community is adequately protected.

Intermunicipal notification. In order to keep neighboring municipalities informed, to facilitate the consideration of shared use of existing tall structures in a neighboring municipality and to assist the continued development of communications for emergency services, the applicant shall provide the following additional notice of the application:

Notification in writing to the clerk of any adjoining municipality within one mile of a proposed site or a greater distance if determined by the Planning Board to be impacted by a proposed new telecommunications tower.

Notification in writing by certified mail of all landowners within 1,000 feet of the property line of the parcel on which a new tower is proposed.

Location, lot size and setbacks. Any proposed wireless communications tower and its accessory structures shall be located on a single parcel and shall comply with setback requirements as identified below.

In order to protect the health, safety and welfare of children who may be injured by falling ice or debris, all wireless communications towers shall be a distance of not less than 350 feet from the nearest property line of a school, day-care center, camp, public park, playground, recreation area or other area where children may congregate.

Wireless communications towers shall be located with a minimum setback from any property line equal to the height of the tower or the required setback in the zoning district, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the zoning district.

The lot size of major wireless communications facilities sites shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel.

Additional setbacks may be required by the Planning Board to contain on-site all ice fall or debris from tower failure and preserve the privacy of any adjoining residential and public properties.

Vegetative screening and fencing.

Landscaping. All facilities shall provide landscaping as follows:

All facilities shall be located and designed to have the least possible adverse visual and aesthetic affect on the environment.

The area surrounding the installation, other than the area necessary to maintain a clear line of site to the signal source, shall be landscaped and maintained with trees, shrubs and ground cover to maximize screening and visual buffering. The Planning Board may determine that an existing natural vegetative buffer which meets or exceeds the above requirements is sufficient.

Landscaping shall include trees of a height and density established by the Planning Board that will, over time, further screen the site, buffer neighboring properties and reduce visual impacts resulting from the installation of said facility.

The outside of security fencing shall be screened with evergreen shrubs, trees or climbing evergreen material.

[5]

The base of any communications tower and any accessory structure shall be effectively screened using primarily vegetative screening, including a continuous evergreen screen planted in a natural setting and consisting of native plant species. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen and buffer all structures from nearby properties or important viewsheds of scenic areas. All landscaping shall be properly maintained to ensure continued screening and buffering.

Security and safety fencing. Security and safety fencing shall be located around all communications towers, equipment and related facilities to prevent unauthorized access. Access to all structures shall be through a locked gate or locked principal building. Fencing shall be designed to minimize visual and aesthetic impacts and shall be equipped with appropriate anti-climbing devices. Failure to maintain said security and safety fencing in an appropriate manner shall be grounds for immediate revocation of all permits and certificates of use by the Building Inspector. In addition:

All communications towers, antenna towers, monopoles and other supporting structures shall be made inaccessible to unauthorized persons, particularly children, and shall be constructed or shielded in such a manner that they cannot be climbed.

All transmitter controls shall be designed and installed in such a manner that they are accessible only to persons authorized by the licensee to operate or service them.

All transmitters used with in-building radiation systems shall be designed in such a manner that, in the event that an unauthorized person does gain access, that person cannot cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations.

All transmitters (other than hand-carried or pack-carried mobile transmitters) and control points shall be equipped with a visual means of indicating when the control circuitry has been activated to cause the transmitter to radiate.

[5]

All transmitters shall be designed in such a manner that they can be turned off independently of any remote control circuits.

Coloring and marking. Unless otherwise required by the FAA or FCC, all communications facilities, including antenna and communications towers, shall be colored, camouflaged and/or shielded to blend with surrounding areas, provided that such coloring, camouflage and/or shielding does not inhibit their effectiveness. The painting or marking of such facilities shall have a finish or coloring which will minimize visual and aesthetic impacts. Towers and all appurtenances shall generally have a galvanized finish and shall be painted gray or blue gray, or some other finish or color that is shown to be visually unobtrusive.

Signals and lights. No antenna or tower shall include any signals, lights or illumination unless required by the FAA or other applicable authority. The applicant shall provide to the Planning Board any legal authority which requires lighting. If lighting is required, the lighting shall be such as to cause the least disturbance to surrounding properties and views. Any lighting necessary for accessory structures or buildings shall be the minimum necessary and shall be properly shielded to prevent light emission and glare onto adjacent properties.

Signage. No signs, including advertising signs, shall be permitted on any antenna, communications tower, antenna tower or monopole, or antenna support structure, except as follows:

Signs specifically required by a federal, state or local agency.

Each site shall include a sign containing the name and emergency phone number of the owner and operator of all antennas. Any door having access to a roof-mounted antenna and all entrances to the fenced enclosure shall be similarly posted.

All signage shall comply with the sign regulations of the zoning code.

Any graffiti on a structure shall be removed within 48 hours.

Undergrounding of electrical power and noise suppression. All electrical power supply to service the on-site buildings and appurtenances supporting the tower antenna operations shall be installed underground. Noise suppression shall be utilized in the structural design and construction of the tower support buildings and appurtenances.

Access and parking.

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

Parking. Parking shall be provided on-site in an amount determined by the Planning Board based upon recommendation from the applicant. No parking shall be located in any required front yard.

(6)

The Planning Board may waive any of the requirements of this Subsection E if demonstrated by the applicant that any such requirement is inapplicable or unnecessary to the particular application. The Planning Board shall specify, in writing, with supporting reasons, any requirement so waived.

Minor wireless communications facilities. At all times, shared use within or on existing tall structures and on existing approved towers shall be preferred to the construction of major wireless communications facilities.

Minor wireless communications facilities are a permitted use at a location approved by the Planning Board on property identified as Tax Map No. 117-2-14.1

Editor's Note: Said Tax Map is on file in the Village offices.

and on municipal water tank sites, subject to site plan review by the Planning Board. The Planning Board may require the applicant to submit any of the items set forth in Subsections D(2) and E herein as part of the site plan review process.

[Amended 9-10-2001 by L.L. No. 3-2001]

Application.

An application for site plan approval of a minor wireless communications facility shall include the following:

Consent from the owner of the existing facility to allow shared use.

Site plan showing all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking, landscaping, grading plans, any methods used to conceal the modification to the existing facility and all other items required by the zoning code for site plans.

Engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing structure and will not hamper existing emergency networks and explaining what modifications, if any, will be required in order to certify the above.

Copy of the applicant's Federal Communications Commission (FCC) license.

The Planning Board may waive any of the above requirements if it is demonstrated by the applicant that under the facts and circumstances the submission of such documentation would cause an unnecessary and undue hardship. The reason(s) for any such waiver shall be stated in writing.

The Planning Board may require any other documentation, reports or evidence that it deems necessary to ensure the health, safety and welfare of the community is adequately protected.

Required conditions of all approvals.

Removal.

Any antenna, communications facility, communications tower, antenna tower or monopole, including any supporting structure and related appurtenances, or part thereof, which is not used for six months, including a noncontinuous but cumulative period of six months, in any twelve-month period shall be removed by the operator of said facility and the property restored, at its sole cost and expense.

An extension of an additional six months may be granted by the Planning Board upon submittal of a written request for said extension, including proof as determined reasonable by the Board that the owner is actively engaged in the marketing of the property for sale or rent.

In the event that the tower is not removed as herein required, the village, after notice and opportunity for the property owner and operator to be heard, may cause the tower to be removed and the property restored. The total cost to the village of such removal and restoration, including but not limited to removal and disposal costs and engineering, attorney and employee expenses, if not paid, shall be assessed against the property and collected in the same manner as real property taxes.

Operational certification. Within 45 days of initial operation or modification of a wireless communications facility, the owner or operator shall submit to the Building Inspector a written certification by a professional engineer that the operation is in compliance with the application submitted, all conditions imposed and all other provisions of this section. Such certification shall be a condition of lawfully operating past this forty-five-day period. The village may confirm and periodically reconfirm compliance as necessary to ensure compliance with all provisions of law, including NIER levels as set forth by the FCC. The operator of the facility shall supply all necessary documentation to permit the village to make such a determination regarding compliance. If found to be not in compliance, the facility shall cease operation until compliance is restored.

Existing installations.

The current operator of any communication facility or communications tower, antenna or monopole in lawful existence at the time of adoption of this section shall be permitted to remain in operation, provided that the operator submits proof within six months of said adoption that a valid building permit(s) was issued for the facility, that the facility complies with current emission standards as promulgated or recommended by the FCC and that the facility meets the security requirements of this section.

Any lawful nonconforming communications facility or communications tower shall be permitted to remain until such time as the use, facility or structure is altered, at which time compliance with this section shall be required.

Any facility for which emission and security compliance documentation is not received shall cease operation within six months of adoption of this section and shall be immediately removed thereafter. If the facility is not removed, then the village may cause removal in the manner set forth in Subsection G(1) above.

Review and compliance costs.

The applicant and operator, respectively, of a facility are responsible for the payment of all of the village's costs to review an application and to determine continued compliance after commencement of operation. Payment of all such costs within 30 days of billing shall be a condition of approval and of continued operation.

The Planning Board is authorized and shall require the applicant to post funds in escrow in an amount determined by the Planning Board to pay for the Planning Board's review costs. Such escrowed amount shall be replenished by the applicant, as directed by the Planning Board, such that sufficient funds are available at all times.