A.
Purpose. This article provides additional regulations for uses that
are generally considered to have a higher potential for incompatibility
with residential or low-impact nonresidential uses without proper
mitigation measures. The purpose of the regulations contained herein
is to promote the health, safety, and general welfare of the public,
while also protecting property values and the character of the immediate
neighborhood and greater Pittsford community.
B.
Intent. These regulations are intended to mitigate the potentially
undesirable impacts of certain uses, which by reason of nature or
manner of operation are or may become hazardous, noxious, or offensive
owing to excessive and undue increases in the production and presence
of odors, dust, smoke, fumes, noise, vibrations, refuse matter, vehicular
traffic, or human activity.
C.
Permitted uses do not require a special use permit. However, uses permitted as-of-right must obtain site plan review approval in accordance with Article 34 and conform to the additional use requirements of this article, where applicable.
D.
Should the additional use regulations of this article conflict with
other requirements of this chapter, the regulations contained herein
shall take precedence.
A.
Purpose. The purpose of regulating accessory dwelling units is to:
(1)
Create new housing units while respecting the design and scale
of single-family residential development;
(2)
Increase the housing stock of existing neighborhoods in a manner
that is less intense than multifamily dwelling alternatives;
(3)
Encourage a broader range of affordable housing options that
respond to changing family and household needs; and
(4)
Offer a means for residents to remain in their homes and neighborhoods
while also obtaining extra income, security, companionship, and/or
services.
B.
General requirements.
(1)
An accessory dwelling unit (ADU) may be allowable as an accessory
use to a single-family dwelling. There shall be no more than one ADU
per principal use.
(2)
No ADU shall be permitted on a nonconforming lot or within a
nonconforming principal or accessory structure.
(3)
ADUs may be allowed within the principal structure under the
following conditions:
(4)
ADUs may be allowed in a detached garage or other accessory
structure under the following conditions:
(5)
An ADU shall be a complete, separate housekeeping unit containing
both a legal kitchen and bath and must meet New York State Uniform
Building and Fire Prevention Code requirements. No ADU shall include
more than two bedrooms.
(6)
No ADU shall be permitted if an existing approved driveway cannot
accommodate at least one off-street parking space, in addition to
the parking spaces required for the principal use.
(7)
The construction, modification, addition, or demolition of an
ADU shall not discernably alter the single-family residential character
of the lot or structure located thereon.
C.
Owner-occupancy requirements.
(1)
At least one of the dwelling units is required to be occupied
by the property owner and maintained as their principal residence.
(2)
The property owner shall sign an affidavit before a notary public
affirming that the property is their principal residence. Such affidavit
shall be submitted to the CEO. Upon sale of the property, a new owner
shall be required to sign and submit a new affidavit within 30 days
of the close of sale. If at any time this condition is not satisfied,
the special use permit shall be subject to revocation.
(3)
The individual sale of any ADU apart from the principal use
is strictly prohibited.
Accessory uses and structures are allowed in any zoning district in connection with any principal use lawfully existing within such district as noted in the use tables of Articles 20, 21, 22, and 23 of this chapter. All accessory uses and structures shall conform to the following requirements.
A.
General requirements. Accessory uses and structures shall:
(1)
Require the issuance of a certificate of appropriateness from the Historic Preservation Board, as provided for in Chapter 112 of the Village of Pittsford Code.
(2)
Be clearly incidental and subordinate to the principal structure
or use by height, area, extent, and purpose;
(3)
Not be located in any required front yard area, unless otherwise
permitted in this chapter;
(4)
Be in conformance with the dimensional and bulk requirements
of the zoning district in which they are located. No accessory use
or structure shall cause the rate of lot coverage to exceed the maximum
rate permitted;
(5)
Be finished with materials and/or siding that is consistent
and compatible with the existing character of the principal structure
and surrounding neighborhood;
(6)
Maintain a separation of at least 10 feet from the principal
building, when established as a detached accessory structure; and
(7)
Not obstruct, block, or force the enclosure of any structural
opening (windows, doors, etc.), open porch, deck, or terrace, or required
vehicular or pedestrian accessway.
B.
Residential accessory uses and structures. The following shall be
considered permissible residential accessory uses or structures for
the purposes of this chapter.
(1)
Decks, patios, terraces, or seating areas.
(2)
Residential garages.
(3)
Enclosed storage structures, such as sheds.
(4)
Playgrounds or playhouses.
(5)
Greenhouses.
(6)
Dish or radio antennae no more than one meter in diameter and
intended for noncommercial use. Such antennae shall not extend more
than 30 inches above the roofline or exceed the maximum building height
of the district, whichever is less. Shall be subject to Historic Preservation
Board review and approval.
(7)
Personal generators, air conditioning units, and other small-scale
mechanical equipment for noncommercial use, provided such equipment
is located, screened, and operated in accordance with the requirements
of this chapter.
(8)
Solar energy systems or green infrastructure installations,
such as rain barrels, rain gardens, or bioswales.
(9)
Off-street parking areas, including electric vehicle charging
stations, provided all applicable parking requirements of this chapter
are met.
(10)
Other uses and structures which the CEO deems appropriate by
virtue of similarity in nature, activity, and/or extent to those already
listed.
C.
Nonresidential accessory uses and structures. The following shall
be considered permissible nonresidential accessory uses or structures
for the purposes of this chapter.
(1)
Outdoor assembly or seating areas, sales or display areas, or storage areas in accordance with § 210-24.10.
(2)
Decks, patios, terraces, or seating areas otherwise not programmed
for public use as part of the principal operation.
(3)
Garages or carports.
(4)
Enclosed storage structures, such as sheds.
(5)
Playgrounds or playhouses.
(6)
Nurseries, gardens, or greenhouses.
(7)
Fire escapes or other such structures intended to maintain the
health, safety, and welfare of employees, patrons, and the general
public.
(8)
Ramps, lifts, or other such structures intended to provide an
increased level of accessibility to the structure or use.
(9)
Dish or radio antennae no more than two meters in diameter when
screened from public view and adjacent residential property. Such
antennae shall not extend more than five feet above the roofline or
exceed the maximum building height of the district, whichever is less.
(10)
Generators, HVAC systems, and other mechanical equipment, provided
such equipment is located, screened, and operated in accordance with
the requirements of this chapter.
(11)
Solar energy systems or green infrastructure installations,
such as rain barrels, rain gardens, or bioswales.
(12)
Off-street parking and loading areas, including electric vehicle
charging stations, provided all applicable parking and loading requirements
of this chapter are met.
(13)
Other uses and structures which the CEO deems appropriate by
virtue of similarity in nature, activity, and/or extent to those already
listed.
In order to protect the residential character of the district
in which it is located, a bed-and-breakfast (B&B) facility shall
be regulated by the following:
A.
A B&B shall only be permitted in an owner-occupied single-family,
detached dwelling. A B&B shall not be permitted on a lot where
the minimum side and/or rear setback requirements are nonconforming.
B.
The minimum lot area required for a B&B shall be 10,000 square
feet. The minimum habitable floor area of a B&B shall be 2,500
square feet.
C.
There shall be a maximum of four rooms used for lodging. The maximum
stay of guests shall be no more than 30 consecutive days. The rooms
utilized for sleeping must be existing and part of the principal residential
use, and not specifically constructed for rental purposes.
D.
Meals and other services provided on the premises shall only be available
to residents, employees, and overnight guests. There shall be no separate
or additional kitchen facility permitted. Commercial cooking equipment
shall not be permitted.
E.
Sales of merchandise shall be limited to registered guests, and shall
be incidental to the bed-and-breakfast operation. The home shall not
be used by the public or paying guests for private parties, receptions,
meetings, or the like.
F.
The residential character of the lot and structures located thereon
shall be preserved. Structural alterations or additions of a nonresidential
nature shall be prohibited.
G.
No more than one employee that does not reside in the dwelling shall
be permitted onsite at a time.
H.
All B&Bs must be able to accommodate parking requirements on-site.
Off-street parking shall not be permitted in the front yard. All parking
areas shall be screened from adjacent properties and the public right-of-way
in a manner approved by the reviewing board.
I.
All outdoor lighting proposed for the operation of a B&B shall
be appropriately shielded so as not to adversely impact neighboring
properties.
J.
A sketch plan showing the floor plan shall be submitted for approval.
K.
Sign materials are to be compatible with the architecture of the
building.
L.
The facilities and operation must comply with the applicable provisions
of the New York State Uniform Fire Prevention and Building Code, including
the definition of a bed-and-breakfast contained therein. The operation
must comply with the regulations of the Monroe County and New York
State Boards of Health, and any other agency having jurisdiction.
M.
The facility must be inspected by the Fire Marshal once every 12
months, and a certificate of inspection shall be posted prominently
on the premises. A fee may be imposed for the annual inspection and
certificate. The Building Inspector, Fire Marshal, or Code Enforcement
Officer shall be given access to the dwelling as said officer deems
necessary for the purpose of making inspections.
A.
No day care shall be permitted without obtaining the proper license
and registration, as required by New York State or Monroe County Law.
B.
All buildings, structures, and areas of organized activity dedicated
to the principal day-care use shall maintain a setback of at least
15 feet from all property lines.
C.
A landscaped buffer of at least five feet in height and five feet
in width shall be provided at all side and rear property lines abutting
a residential use or district.
D.
Outdoor speakers and public-address or stereo systems are prohibited.
A.
Purpose. The purpose of the regulating home occupations is to provide
residents with the opportunity to conduct professional office or administrative
uses within their home, while still preserving the value and character
of the neighborhood.
B.
Permitted occupations. Permitted home occupations include a lawyer, accountant, author, engineer, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, tailor, repairperson, food preparation business subject to the restriction on retail sale of prepared food from the home as set forth in Subsections C and D, or other such use which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent.
C.
Prohibited occupations. Prohibited home occupations include those
that would generate adverse impacts to or are incompatible with the
existing character of a residential neighborhood. These uses include,
but are not limited to, retail stores, medical or emergency services,
animal care services, and vehicle sales, service, or repair.
D.
General regulations.
(1)
The home occupation must be clearly incidental and secondary
to the use of the residential dwelling and shall conform to all requirements
of the New York State Uniform Building and Fire Prevention Code.
(2)
The residential character of the lot and buildings located thereon
shall be preserved. Structural alterations or additions of a nonresidential
nature shall be prohibited.
(3)
The home occupation shall be operated by a full-time resident
of the dwelling.
(4)
All home occupation related activities shall occur wholly within
an enclosed building.
(5)
There shall be no exterior display or storage of materials,
good, supplies, or equipment related to the home occupation.
(6)
No home occupation shall produce odors, noises, dust, vibrations,
glare, or any other nuisance not typically found in a residential
neighborhood.
(7)
On-site retail sales is prohibited, except the sale of items
that are clearly incidental to a permitted home occupation.
(8)
Deliveries to home occupations shall be permitted by two-axle
vehicles only.
The following special provisions shall apply to all multifamily
developments, multifamily, townhouse, and other multiresidential unit
structures or portions of a planned unit development:
A.
Every development shall have within it suitable open space available
for the use of the residents. At least 400 square feet of such open
space per resident family shall be reserved. Development of this open
space for passive and/or active recreational uses shall be provided
in a manner suitable to the prospective occupants of the development.
Area devoted to swimming pools and other such formal recreation areas
shall be considered in meeting this requirement. Yard areas may also
be so considered as long as access to them is not prohibited by fencing
or other means; but parking areas shall not be included in such assessment.
B.
No part of any basement shall be used for living units.
C.
All living units shall have a storage area in the same building of
at least 7% of the living unit. No storage area shall be less than
four square feet.
D.
Buildings shall be located so that the privacy of individual units
is protected, so that their arrangement creates usable open spaces,
avoids monotonous, undifferentiated silhouettes and produces a satisfactory
microclimate.
E.
Sidewalks shall be provided and be integrally designed so as to provide
safe and convenient access between buildings and between buildings
and internal recreation, parking and service areas.
F.
A school bus loading area, if necessary, shall be provided that meets
the necessary safety standards and locational needs.
Outdoor assembly, sales, display, and storage areas are allowable
with a temporary use permit, provided all areas are in conformance
with the following additional requirements. These standards shall
not apply to any residential use.
B.
Assembly, sales, and display area requirements.
(1)
Within the VCB District or MU-EC District, such areas may be
allowable in the public right-of-way provided site plan approval is
obtained to ensure the health, safety, and general welfare of the
public.
(2)
All areas shall be located adjacent to the wall of the principal
structure and shall not extend more than 20 feet from said wall or
beyond any public right-of-way or property line, unless otherwise
approved through site plan review.
(3)
All items for sales or display shall be removed, enclosed, screened,
and/or secured during nonbusiness hours.
C.
Storage area requirements.
(1)
No storage area shall be permitted in any front yard or within
any public right-of-way.
(2)
All storage areas shall be fully screened from public view and
from adjacent residential uses or districts.
(3)
No storage area shall be located within 50 linear feet of the
property line of any adjacent residential use or district.
A.
Permitted establishments. Permitted personal service shops are establishments
that provide for the health, care, and wellness of a person's body,
mind, hair, skin, or nails. Such uses shall include, but are not limited
to, spas, saunas, beauty salons, barber shops, tanning salons, massage
therapy, esthetics and dermatology offices, or other such uses which
the CEO deems appropriate by virtue of similarity in nature, activity,
and/or extent.
B.
Prohibited establishments. Prohibited personal service shops are
establishments that provide body modification services, surgical procedures,
or other medical treatments that penetrate a person's skin. This shall
include, but is not limited to, body and ear piercing salon, tattoo
parlors, and micropigmentation services.
C.
General regulations.
(1)
Personal service shops and spas shall be prohibited on the first
floor of any building in the TDD District.
(2)
Personal service shops and their operators shall obtain all
permits and licenses required by local, county, and state law. Such
permits and licenses shall be duly displayed and all operations conducted
in accordance with the regulatory requirements thereof.
A.
Purpose. It is the purpose of this section to define and regulate
ponds in all zoning districts in the Village in order to protect the
environment, preserve the rights of others to natural water flows,
and to prevent health and safety hazards that may occur by reasons
of the existence of any pond or waterbody.
B.
Site plan review required.
(1)
No pond shall be constructed or maintained without obtaining site plan approval in accordance with Article 34 of this chapter. No building permit may be issued until such approval is obtained.
(2)
A site plan for a pond shall show all elements necessary to
meet the requirements of this Code, including, but not limited to,
a survey map of the subject and all affected properties showing the
exact location of all proposed improvements including the pond, surface
elevation contours for evaluating the drainage flows, both to and
from the pond, the size and depth of the pond, and any other data
or detail required by the reviewing board and Village Engineer.
(3)
Related permits, as applicable, must be identified and obtained
from any affected county, town, and state agencies.
C.
Performance standards.
(1)
All ponds must be maintained as required by the Village Engineer
and the CEO so as to assure that they do not become offensive to neighboring
properties by reason of stagnation, algae, mosquito breeding and similar
conditions and that they function as intended when constructed.
(2)
No pond shall interfere with or impede the natural flow of water
in such a way as to adversely impact any floodplain, wetland area,
public water supply, existing sewage and drainage facilities, public
streets and highways, or the property of others.
(3)
All ponds shall conform to the setback restrictions for buildings
in the zoning district in which the pond is located.
(4)
The site plan for a pond may be issued subject to conditions
deemed necessary by the reviewing board to restrict access to the
pond by neighbors, pedestrians, and other persons for their protection
and safety.
(5)
The design of all ponds shall be approved by the Village Engineer
and Building Inspector.
A.
No public park or playground shall be constructed or modified without obtaining site plan approval in accordance with Article 34 of this chapter. No building permit may be issued until such approval is obtained.
B.
A site plan for a public park or playground shall show all elements
necessary to meet the requirements of this Code, including, but not
limited to, a survey map of the subject and all affected properties
showing the exact location of all proposed improvements, surface elevation
contours for evaluating the drainage flows, and any other data or
detail required by the reviewing board and Village Engineer.
C.
Related permits, as applicable, must be identified and obtained from
any affected county, town, and state agencies.
A.
Public utilities shall not be located on a primarily residential
street unless no other site is available.
B.
The location, design, and operation of public utility structures
shall not adversely affect the character of the surrounding area.
C.
Public utilities shall be landscaped in a manner approved during
site plan review.
D.
To the greatest extent practicable, public utility equipment shall
be stored and screened so as not to be visible from surrounding properties
and the public right-of-way.
E.
No public utility structure may exceed the height requirements of
the zoning district in which it located.
A.
Permanent, enclosed bathroom facilities for the general public shall
be provided on site.
B.
No outdoor recreation or entertainment facilities shall be located
closer than 200 feet to the property line of any adjacent residential
use or district.
C.
Hours of operation shall be posted on-site. All outdoor facilities
shall be secured and closed to the public outside of operating hours.
D.
A waste management plan shall be required to ensure proper upkeep
of the site and disposal of trash, litter, animal waste, and other
refuse.
A.
Purpose and applicability.
(1)
In accordance with the Village's Comprehensive Plan, it is the
official purpose of the Village of Pittsford to protect the residential
neighborhoods that are adjacent to its commercial districts. Great
care was taken to implement operational controls that allow restaurants
within the Village in a manner that protects quality of life for the
residents.
(2)
Restaurants are allowed in specified business districts. Accordingly,
restaurant uses are subject to the special use permit review process
provided in this chapter.
B.
Location restrictions.
(1)
The proposed site shall be located more than 100 feet from any
residentially zoned and/or used property or be situated so that it
may be demonstrated that existing or proposed features of the site
would mitigate any potential adverse effect or nuisance to residential
property.
(2)
Where a restaurant is located within 200 linear feet of a residential
use or district, the Village Board may impose restrictions to the
hours of operation thereof as part of the special use permit issued
to ensure the greatest level of compatibility with the adjacent neighborhood.
C.
Operational restrictions. No restaurant shall be permitted that is
determined by the reviewing board to:
(1)
Create a hazard to the public, safety and general welfare.
(2)
Alter the character of the neighborhood and/or interfere with
residents' normal use of their property (such as causing noise in
a location where it can be heard on neighboring residential properties
and/or at a time during normal sleeping hours where it would pose
a nuisance to existing residents) or be detrimental to the residents
thereof through the production noxious or objectionable noise, odor,
glare, refuse, vibrations, unsightliness, contamination or other similar
conditions.
(3)
Include fast food service, drive-through facilities, or operate
in any manner as a nightclub (a use whose business includes providing
entertainment, whether live, recorded or otherwise, to patrons who
may be seated or standing and who may or may not be engaged in the
consumption of food or beverages).
(4)
Cause a traffic hazard or unsafe conditions for motorists and/or
pedestrians and bicyclists that may not be feasibly mitigated.
(5)
Damage sensitive views, landscapes, natural features, or historic
features that may not be feasibly mitigated.
(6)
Due to location and/or proximity to residence(s) would result
in nuisances and/or excessive negative impacts that may not be feasibly
mitigated.
(7)
Fail to provide adequate parking to support the proposed use
without causing a parking shortage or other problems for nearby businesses
and/or residents.
D.
Additional application requirements.
(1)
A complete copy of any application filed with and license issued
by the New York State Liquor Authority shall be provided with any
application subject to this chapter.
(2)
A waste management plan shall be required to provide a location
that has room to accommodate refuse in accordance with Village Code
requirements and that will not pose a public nuisance for neighbors.
All refuse containers shall be located in the rear yard and maintain
a setback of at least five feet from all property lines.
A.
Purpose. The section has been adopted to ensure that placement of
temporary storage units does not negatively impact the character and
aesthetics of the Village, as well as to promote the health, safety,
and welfare of the general public.
B.
Registration required.
(1)
It shall be unlawful for any person or entity to place or permit
the placement of a temporary storage unit on property located within
any zoning district without registering such unit with the CEO.
(2)
Registration shall occur prior to the initial delivery of the
temporary storage unit.
(3)
The registration form shall contain:
(a)
The name of the registrant to whom the temporary storage unit
is supplied;
(b)
The registrant's property status: owner, renter, lessee, etc.;
(c)
The address at which the temporary storage unit will be placed;
(d)
The delivery date and removal date;
(e)
A sketch depicting the location and the placement of the temporary
storage unit on the lot; and
(f)
Signature of the parcel owner or other legal occupant with the
written permission of the parcel owner.
(g)
A copy of the rental agreement with the owner of the temporary
storage unit.
(4)
Only the property owner may register a unit. A renter, lessee,
or other legal resident may register a unit if they have the written
permission of the property owner.
C.
Placement of units.
(1)
Units shall only be placed in the driveway, or if access exists,
at the side or rear of the lot. The unit may not be placed in unpaved
front yard space.
(2)
Units shall be set back at least five feet from any lot line
and five feet from any structure.
(4)
Placement may not limit visibility of vehicles, pedestrians,
or bicyclists.
D.
Allowable number of units. Only one temporary storage unit may be
placed upon any lot at one time.
E.
Unit size. Units shall not have a footprint exceeding 200 square
feet or a height of more than eight feet.
F.
Duration. The temporary storage unit may be permitted for a maximum
of 30 consecutive days, including the days of delivery and removal.
The registration may be extended an additional 30 days upon written
request to and approval by the CEO.
G.
Maximum number of registrations. Each lot is limited to a maximum
of four registrations per twelve-month period.
H.
Maintenance. All temporary storage units shall be fully enclosed
structures. The registrant shall be responsible for ensuring that
the unit is maintained in good condition, free from evidence of deterioration,
weathering, discoloration, graffiti, rust, ripping, tearing, or other
holes or breaks at all times.
I.
Prohibited materials and uses. The storage of solid waste, chemical
substances, and illegal or hazardous material is prohibited.
J.
Inspection. Upon reasonable notice to the registrant, the CEO may
inspect the contents of any temporary storage unit at any reasonable
time to ensure that it is not being used in a manner prohibited by
this section.
A.
Legislative intent. The purpose of this section is to allow for telecommunications
equipment installation in accordance with applicable state and federal
law. While acknowledging the demand for wireless communications, the
Village recognizes that the small-scale residential and commercial
districts, agricultural landscapes and canal waterfront comprising
the Village are primary community resources. The erection of telecommunications
equipment of unusual height or bulk within the Village may threaten
the historic integrity, damage the aesthetic value and reduce residents'
opportunities to enjoy these resources. The intent of this section
is to regulate the construction and siting of telecommunications equipment
in compliance with the Federal Communications Act of 1996 to achieve
the following:
(1)
Protect the health, safety and general welfare of the residents
of the Village of Pittsford.
(2)
Protect the aesthetic characteristics and historic features
of the Village of Pittsford.
(3)
Ensure that telecommunications equipment planned for locations
within the Village of Pittsford are sited and constructed in a manner
consistent with sound land use planning, the Village's comprehensive
plan and other adopted goals of the Village.
B.
Application.
(1)
No freestanding telecommunications equipment, including, but
not limited to, a tower, satellite dish, antenna, or pole, shall hereafter
be used, erected, moved, reconstructed, changed or altered except
after approval of a special use permit and site plan in conformity
with these regulations.
(2)
No existing structure shall be modified to serve as a transmission
tower or telecommunication facility unless in conformity with this
section.
C.
Height. The maximum building height requirement of the applicable
zoning district shall apply to all telecommunications equipment. The
placement of such equipment on a roof or structure shall not cause
such structure to exceed the maximum height restrictions of the zoning
district in which it is located.
D.
Application requirements. In addition to the requirements for a special
use permit and site plan application, telecommunication equipment
applications shall also include the following, at a minimum:
(1)
Proof of the landowner's consent if the applicant does not own
the property.
(2)
Location of property lines and permanent easements, including
the address, property tax number, and ownership of such properties.
(3)
Location of the equipment, together with towers, dishes, antennae,
guy wires, guy anchors, and accessory structures, if applicable.
(4)
Location of all structures on the property within 500 feet of
the base of the equipment and all structures on any adjacent property.
(5)
Names of all adjacent landowners and other landowners within
500 feet of property boundaries where the site is proposed.
(6)
Proposed height of all equipment, including any towers or antennae,
and the justification for such proposed height.
(7)
Construction detail for any towers, dishes, or antennae, including,
but not limited to, monopole, guyed, freestanding or other.
(8)
Elevation illustrations, drawn to scale, of the equipment, together
with all towers, dishes, or antennae.
(9)
Final grading plans for the site, including facilities and roads.
(10)
Plan of how the proposed structures will supplement, detract
from or coordinate with existing equipment in the Village and contiguous
jurisdictions; any changes proposed or anticipated within the following
twenty-four-month period, including a build-out plan for new locations
and the discontinuance or relocation of existing facilities. If granted
a special use permit, this build-out plan must be updated annually.
(11)
Location, nature, and extent of proposed fencing, landscaping,
and/or screening.
(12)
Location, nature, and extent of proposed utility easements and
access roads, if applicable.
(13)
Inventory of other existing and proposed equipment within the
Village and adjacent communities.
(14)
Proposed maintenance and inspection procedures, including records
systems.
(15)
Certification that the NIER levels at the proposed site are
within threshold levels adopted by the FCC.
(16)
Certification that the proposed equipment will not cause interference
with existing communication devices, including, but not limited to,
radio, television, telephone, cellular, or wireless reception.
(17)
Certification that the equipment meets all state and federal
structural requirements for loads, wind, ice, fall-down specifications,
etc.
(18)
A copy of the applicant's FCC license.
(19)
Certification that the applicant has utility status from New
York State and the Public Service Commissioner.
(20)
Verification that the proposed facility will comply with all
applicable FCC rules and regulations.
E.
Visual impact assessment. The applicant shall also be required to
complete a visual impact assessment, including but not limited to:
(1)
A description of how the equipment can be blended with the viewshed,
including any plans for camouflage, such as simulating the appearance
of a tree or other structure depending on the context of the proposed
location.
(2)
A Zone of Visibility Map that identifies locations from which
the equipment, including all towers, dishes, or antennae, may be seen.
(3)
Pictorial representations of "before and after" views from key
viewpoints both inside and outside the Village, including but not
limited to state and Village streets, local parks, New York State
Thruway Authority lands and waterways, other public lands, preserves
and historic sites, viewsheds that are important to the community,
and from any other location where the site is visible to a large number
of visitors or residents. The reviewing board may assist the applicant
in determining appropriate key sites.
(4)
Assessment of the visual impact of the equipment, including
all towers, dishes, antennae, guy wires, and accessory facilities
or structures from abutting properties and streets, and viewsheds
that are important to the community.
F.
Waivers. The reviewing board is permitted to waive any requirements
of this section which are inapplicable as a result of the applicant
proposing a shared use on existing equipment, including any towers
or structures.
G.
Shared use.
(1)
An applicant shall be required to present an inventory report
of existing equipment within the Village of Pittsford and adjacent
municipalities, and outlining opportunities for shared use of existing
facilities and use of other preexisting structures as an alternative
to new construction.
(2)
Where shared use is unavailable, location of equipment on preexisting
structures shall be considered the next preferable location.
(3)
An applicant intending to share use of existing equipment shall
be required to document consent from the existing equipment and property
owner for the shared use.
(4)
The applicant shall pay all reasonable fees and costs of adapting
existing equipment to a new shared use. Those adaption costs include
but are not limited to structural reinforcement, preventing transmission
or receiver interference, additional site screening, and other changes
including real property acquisition or lease required to accommodate
the shared use.
(5)
In the case of new equipment, the applicant shall be required
to submit a report demonstrating good faith efforts to secure shared
use from owners of existing equipment. Copies of written requests
and responses for shared use shall be provided.
H.
Aesthetics. In order to minimize any adverse aesthetic effect on
neighboring properties to the maximum extent practicable, the reviewing
board shall impose reasonable conditions on the applicant, including
the following:
(1)
All telecommunications equipment and accessory facilities or
structures shall be sited to have the least adverse visual effect
on the environment.
(2)
A freestanding tower instead of a guyed tower.
(3)
Existing on-site vegetation shall be preserved. The cutting
of trees exceeding four inches in diameter (measured at a height of
four feet off the ground) may be allowed with review board approval.
(4)
Evergreen tree plantings shall be required to screen equipment
from nearby property, as well as from public sites known to include
important views or vistas. Where the site abuts residential or public
property, including streets, at least one row of evergreen shrubs
or trees capable of forming a continuous hedge at least 10 feet in
height within two years of planting shall be provided to screen the
equipment, as well as any tower base or accessory facilities. In the
case of poor soil conditions, planting may occur on soil berms to
assure plant survival. Plant height in these cases shall include the
height of any berm.
(5)
The applicant shall show that it has made good-faith efforts
to co-locate on existing equipment and/or to construct new facilities
near existing equipment in an effort to consolidate visual disturbances.
(6)
Equipment should be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements. The
equipment shall not be artificially lighted except as required by
the FAA. Any lighting utilized shall not result in glare on adjacent
properties. Equipment is to be of a galvanized finish or painted matte
gray unless otherwise approved by the review board or required by
the FAA.
(7)
No equipment or accessory facilities or structures shall contain
any signs or devices displaying a commercial message. Safety warning
signs shall not be considered a commercial message; the size and type
shall be determined and approved by the reviewing board.
(8)
All communication cable and utilities, including water, gas,
electric and sewer leading to and away from any new telecommunications
equipment shall be installed underground and in compliance with all
the laws, rules and regulations of the Village.
I.
Setbacks.
(1)
All freestanding telecommunications towers, dishes, antennae,
and accessory structures shall be set back from abutting parcels,
public property or right-of-way lines a distance sufficient to substantially
contain on-site all ice fall or debris from equipment failure, or
200 feet, whichever is greater. In no case shall such equipment be
located less than 200 feet from a residential property.
(2)
All appurtenances and attachments, such as guy wires, must be
located at a minimum setback from any property line a distance of
at least 200 feet. The minimum setback requirement of this subsection
may be increased at the discretion of the reviewing board as part
of the site plan approval procedures, or it may be decreased in those
instances where the owner/applicant has submitted plans for a tower
design in such a manner as to collapse within a smaller area. Such
tower design and collapse zone shall be reviewed by and must be acceptable
to the Village Engineer and the reviewing board.
J.
Intermunicipal notification. In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing existing
telecommunications equipment in a neighboring municipality be considered
for shared use, the reviewing board shall require that the applicant
provide an intermunicipal notification for new equipment as follows:
(1)
An applicant who proposes new telecommunications equipment in
the Village of Pittsford shall notify in writing the Towns of Pittsford,
Penfield, Perinton and Brighton, and the Town/Village of East Rochester.
(2)
Notification shall include the exact location of the proposed
equipment and a general description of the project, including, but
not limited to, the height of all proposed equipment and its capacity
for future shared use.
(3)
Documentation of this notification shall be submitted to the
reviewing board at the time of application.
K.
Radio-frequency effects. It is recognized that federal laws [Telecommunications
Act of 1996; Public Law 104-104, Section 704 (February 8, 1996)] prohibit
the regulation of cellular and PCS telecommunications equipment based
on the environmental effects of radio-frequency emissions where those
emissions comply with the FCC standards for those emissions. The Board
shall, however, impose a condition on the applicant that the communications
antennas be operated only at FCC-designated frequencies and power
levels and require applicants to submit evidence upon approval and
periodically thereafter, demonstrating that the proposed use is in
compliance with such standards.
L.
Indemnification. To the maximum extent permitted by law, the applicant
shall execute an agreement indemnifying and holding the Village harmless
from any and all liabilities, claims of personal injury or property
damage arising out of or in any way related to the installation and
operation of the telecommunications equipment and its accessory structures
and facilities.
M.
Traffic, access, and safety.
(1)
A road and parking will be provided to assure adequate emergency
and service access. Maximum use of existing roads, public or private,
shall be made. Road construction shall be consistent with Village
standards for private roads and shall at all times minimize ground
disturbance and vegetation cutting. Construction of previous roadways
(crushed stone, gravel, etc.) is preferred. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
soil erosion potential. Public road standards may be waived in meeting
the objective of this subsection.
(2)
All telecommunications equipment and guy anchors, if applicable,
shall be enclosed by climb-proof fencing of not less than eight feet
to protect it from trespassing or vandalism.
(3)
The applicant must comply with all applicable state and federal
regulations including but not limited to FAA and FCC regulations.
N.
Letter of credit.
(1)
The applicant and the owner of record of the premises shall
be required to execute and file with the Village Clerk of the Village
of Pittsford a letter of credit acceptable to the Village Attorney
as to form and manner of execution in an amount sufficient for the
faithful performance of the terms and conditions of this section,
the conditions of the permit or approval issued hereunder, for the
observation of all Village local laws or ordinances to cover the maintenance
of the equipment during its lifetime, and provide for its removal
and restoration of the site to its original condition.
(2)
The amount required shall be determined by the Village Engineer
and shall be not less than 150% of the cost of removal of the equipment,
and shall be reviewed and adjusted at five-year intervals.
(3)
In the event of default upon the performance of any such conditions,
the letter of credit or security shall be forfeited to the Village
of Pittsford, which shall be entitled to maintain an action thereon.
(4)
The letter of credit or security shall remain in full force
and effect until the removal of all equipment and site restoration.
Further, the applicant and owner shall be required to furnish evidence
of adequate insurance, the adequacy of which shall be determined by
the Village's insurance consultant.
O.
Verification of compliance. The applicant shall submit, on an annual
basis, a written report of compliance to the authorized official,
verifying that the site has maintained compliance with all applicable
FCC emission requirements and mechanical safety regulations. Also
included in such written report shall be an updated full build-out
analysis and capacity for the site and all equipment in and adjacent
to the Village of Pittsford together with a summary of complaints
received by the applicant and responses thereto in the preceding 12
months.
P.
County agreement. An applicant shall agree to permit Monroe County
to co-locate emergency telecommunications equipment that the County
deems necessary in its responsibility for 911 and other public safety
or emergency purposes on its equipment.
(1)
The agreement shall include the use by the county of any and
all equipment space, tower space, structure space, rights-of-way,
and utility easements.
(2)
Installation of the county's equipment shall not cause the existing
equipment to exceed its permitted weight capacity or cause interference
with the radio frequency transmission of the applicant's equipment.
(3)
There shall be no cost to the county for its use of the applicant's
equipment.
(4)
The county shall have access to the equipment and premises at
any time.
Q.
Removal of facilities. Approval of new telecommunications equipment
or the expansion or a modification of any existing equipment shall
be conditioned upon the owner's and applicant's agreement to remove
such equipment, facilities, and structures once it is no longer used.
Removal of such obsolete and/or unused equipment shall take place
within six consecutive months of cessation of use.
R.
Expiration of approval. Special use permit and site plan approval
shall expire upon:
(1)
The failure to commence active operation of the telecommunications
equipment and/or accessory facilities or structures within six consecutive
months of the date of approval.
(2)
The discontinuance of the active and continuous operation of
the telecommunications equipment and/or accessory facilities for six
consecutive months, regardless of any reservation of an intent not
to abandon or discontinue the use or of an intent to resume active
operations. Upon such abandonment or cessation of use the applicant
shall remove the equipment and all related facilities and structures.
S.
Exemptions. The following are exempt from the requirements of securing
a special use permit and site plan approval pursuant to this section:
(1)
The repair and maintenance of existing telecommunications equipment,
facilities, towers, antennas, and accessory structures or facilities.
(2)
Antennas used solely for the residential household television
and radio reception which do not exceed the maximum height permitted
for principal structures within the zoning district.
(3)
Satellite antennas measuring one meter (39.37 inches) or less
in diameter, building-mounted, installed according to manufacturer's
recommendations, adequately secured and meeting all electrical code
requirements regardless of the zoning district in which it is located.
For safety reasons, no such satellite antenna shall be placed on an
ingress or egress to a building or placed within 10 feet of a power
line.
