The purpose of this article is to provide for
certain uses which require special care to ensure their appropriateness
in a particular location. These uses may be permitted if an applicant
can demonstrate adherence to the specific regulations contained herein
and provide adequate protection to neighboring properties. These uses
are generally for public or semipublic convenience and welfare, but
because of the nature of the use, the importance of its relationship
to the goals and objectives of the Town/Village's Comprehensive Plan
and possible neighborhood impact, they require the exercise of sound
planning judgment on an individual case basis.
B.
Any variation from the standards and criteria presented
in this article shall require a variance from the Zoning Board of
Appeals.
C.
Site plan review.
(1)
No building permit for a use allowed by special permit shall be granted until a site plan has been approved by the Zoning Board of Appeals in accordance with § 193-42 of this chapter. However, site plan approval shall not be a prerequisite to approval of the special use permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following buildings, structures and uses may be approved by the Zoning Board of Appeals, as specified in Article X, in accordance with the procedures and standards of this article, provided that the public health, safety, morals and general welfare will not be adversely affected, that adequate off-street parking facilities will be provided and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values, and further provided that the additional standards of this article are complied with. The uses enumerated below in this section shall be subject to the special use permit procedure.
A.
Public utilities. Public utility structures and uses,
such as dial equipment centers and substations, but not power plants,
telecommunications towers or repair and/or maintenance yards, may
be permitted in any zone district with a special use permit. Repair
and/or maintenance yards may be permitted with a special permit in
the Industrial District.
(1)
No special use permit shall be issued unless the Zoning
Board of Appeals shall determine that:
(a)
The proposed installation in a specific location
is necessary and convenient for the efficiency of the public utility
system or the satisfactory and convenient provision of service by
the utility to the neighborhood or area in which the particular use
is to be located.
(b)
The design of any building in connection with
such facility conforms to the general character of the area and will
not adversely affect the safe and comfortable enjoyment of property
rights of the zone in which it is located.
(c)
Adequate and attractive fences and other safety
devices will be provided.
(d)
A buffer strip 10 feet in depth shall be provided around the perimeter of the property, as specified in § 193-70.
(f)
All of the area, yard and building coverage
requirements of the respective zone will be met.
B.
Gasoline service stations, public garages and motor
vehicle repair shops. Gasoline service stations may be permitted in
any commercial district, provided that the following standards are
observed. Public garages and motor vehicle repair shops may be permitted
in the GC and C/I Districts, subject to the following regulations:
(1)
In addition to the information required in the special permit application and enumerated in Article VII, § 193-43 of this chapter, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed. No underground storage tank shall have a capacity in excess of 24,000 gallons.
(2)
The entire area of the site traveled by motor vehicles
shall be hard-surfaced with asphalt concrete.
(3)
Any repair of motor vehicles shall be performed in
a fully enclosed building, and no motor vehicle shall be offered for
sale on the site. No motor vehicle parts or partially dismantled motor
vehicles shall be stored outside an enclosed building.
(4)
Accessory goods for sale may be displayed on the pump
island and the building island only. The outdoor display of oil cans
and/or antifreeze and similar products may be permitted on the respective
island if provided for in a suitable stand or rack.
(5)
No gasoline service station or public garage shall
be located within 500 feet of any public entrance to a church, school,
library, hospital, charitable institution or place of public assembly.
Such distance shall be measured in a straight line from said public
entrance to the lot line nearest said entrance along the street line.
(7)
No fuel pumps or fuel storage tanks shall be located
within 20 feet of any street right-of-way or property line.
(9)
All exterior and interior lighting shall be so designed
and directed as to cause no hazard to the operation of vehicles on
public streets and to create no annoyance or hindrance to the occupants
or users of nearby properties.
(10)
All setback and other requirements shall be
consistent with those required for commercial uses in the GC District.
C.
Home occupations or home professional offices.
(1)
Home occupations or home professional offices may
be permitted in any residential district, subject to the following
requirements:
(a)
The proposed use shall be carried on by a member
of the family unit residing on the premises.
(b)
The home occupation or professional office use
is clearly subordinate to the principal use of the dwelling for residential
purposes.
(c)
Not more than 25% of the total floor area of
the principal building and associated accessory buildings may be used
for such home occupation or profession.
(d)
No person who does not reside on the premises
may be employed by such home occupation or profession. However, no
more than one person who does not reside on the premises may be employed
if the applicant demonstrates that such employee will not have a negative
impact on the neighborhood.
(e)
(Reserved)
(f)
The proposed use shall not generate traffic
beyond that normally expected in a residential neighborhood.
(h)
The proposed use shall not create noise, dust,
vibration, odor, glare, fumes or electrical interference detectable
by the normal senses of persons off the premises. In the case of electrical
interference, there shall be no radio or television disruption or
fluctuations in line voltages off the premises.
(i)
The type of home occupation or home office shall
be consistent with the character of the neighborhood.
(j)
No outdoor storage or outdoor display shall
be permitted.
(2)
Family day care, at-home product sales and demonstration parties and similar occasional events and businesses that do not involve client or customer visits to the premises shall not be subject to the regulations in this Subsection C and shall not require a special use permit, provided that no evidence of the business is apparent from outside of the premises.
D.
Appropriate public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature may be permitted as specified in Article X, provided that the following standards and conditions are observed:
(1)
A narrative description of the proposal shall accompany
the application, describing the nature of the proposed use.
(3)
The proposed use shall meet the minimum off-street
parking and loading and unloading requirements of this chapter, as
may be appropriate.
(4)
The Zoning Board of Appeals, in considering the request
for a special use permit, may impose conditions it deems necessary
to protect the health, safety and public welfare of the Town/Village.
E.
Car wash establishments, including both coin-operated vehicle washers and automatic vehicle washers, may be permitted in the GC General Commercial District, provided that site plans consistent with the requirements of Article VII, § 193-43 are submitted and that the following standards and conditions are observed:
(1)
Coin-operated vehicle washers. These washers are intended
to be those where the vehicle operator washes the vehicle by using
a hose which is geared to a coin-operated, timed mechanism.
(a)
The vehicle washing facility or customary uses
or operations associated with the facility shall be located no closer
than 300 feet to any residential district and shall be separated from
a residential district by another nonresidential use.
(b)
All washing facilities shall be within a completely
enclosed building which shall be designed in keeping with the facades
of adjacent land uses.
(c)
Vacuuming facilities may be outside the building
but shall not be in the front yard and shall meet the respective setback
requirements as required for accessory structures in the GC General
Commercial District. Such area shall be buffered or screened as deemed
necessary by the Zoning Board of Appeals.
(d)
Off-street parking shall be provided on the property in the ratio of not fewer than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall and one space per employee. Each space shall meet the minimum requirements for a parking space as set forth in Article X of this chapter.
(e)
All off-street parking areas shall be hard-surfaced
and dust-free.
(f)
Any lights used to illuminate the area shall
be directed away from adjacent properties.
(g)
The use shall close operations at a reasonable
hour as determined by the Zoning Board of Appeals.
(2)
Automatic vehicle washers. These vehicle washers are
intended to be those where the vehicle is either slowly driven through
or pulled through, by automatic chain mechanism, a vehicle wash in
which the vehicle operator does not perform any of the washing function
other than to drive the vehicle where necessary.
(a)
The vehicle washing facility and customary uses
or operations associated with the facility shall not be located closer
than 500 feet to a residential district and shall be separated from
a residential district by at least two other nonresidential uses.
(b)
All vehicle wash operations shall be so soundproofed,
the entire development shall be so arranged and the operations shall
be so conducted that the noise emanating therefrom, as measured from
any point on adjacent property, shall be no more audible than the
noise emanating from the ordinary street traffic and from other commercial
uses measured at the same point on said adjacent property.
(c)
There shall be provided no fewer than 10 reservoir parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays and five parking spaces at the exit of each washing area. Each space shall meet the minimum requirements for a parking space as set forth in Article XII of this chapter. One parking space shall also be provided for each employee on the maximum shift.
(d)
Vacuuming facilities may be provided outside
but shall meet the setback requirements as required for the GC General
Commercial District. Such area shall be buffered or screened as deemed
necessary by the Zoning Board of Appeals.
(e)
The only operations conducted on the property
shall be the washing of vehicles and vacuuming of interiors of vehicles.
(f)
Any lighting shall be directed away from adjacent
properties.
(g)
All off-street parking areas shall be hard-surfaced
and dust-free.
(h)
All washing operations shall be conducted within
enclosed structures which shall be externally designed to be in keeping
with the exterior facades of adjacent land uses.
F.
Funeral homes may be permitted in the R-1-70, R-1-48,
LC, C/I and GC Zoning Districts, provided that the following standards
and conditions are observed:
(1)
The site shall be large enough to permit the loading
and formation of funeral processions on site.
(2)
All parts of the operation shall take place within
an entirely enclosed building.
(3)
There shall be either screen plantings or an opaque-type
fence consistent with the character of the surrounding area, or both,
to act as a visual buffer along the boundaries of this site and adjacent
uses.
(4)
The site shall have access to a thoroughfare which,
in the opinion of the Town/Village Engineer, has sufficient capacity
to accommodate the projected traffic from the proposed use without
burdening adjacent uses.
(5)
The proposed use shall not use any minor residential
neighborhood street as any part of a funeral procession route unless
it can be demonstrated that such is absolutely necessary in order
to reach a cemetery or similar facility.
(6)
The site should be located away from areas of heavy
traffic and other relatively noisy uses. Similarly, the site shall
be designed to offer privacy to the site itself as well as adjacent
uses.
G.
Light industrial uses may be permitted in the C/I
Mixed Commercial/Industrial and GC General Commercial Districts, provided
that the proposed use observes the following standards and conditions:
(1)
The proposed use shall be specifically identified as a permitted use in the I Industrial District, § 193-58 of this chapter, or, in the opinion of the Zoning Board of Appeals, shall be similar in nature and scale to those permitted.
(3)
The proposed use meets all of the off-street parking
and loading provisions, standards and requirements of this chapter.
(4)
The proposed use shall meet all of the provisions,
standards and requirements of this chapter for industrial uses, including
but not limited to industrial processes, outside storage, accessory
buildings and uses, landscaping and seeding, fencing, lighting, driveways
and access cuts.
H.
Windmills or wind generators may be located in any
district, provided that the following standards and regulations are
observed:
(1)
In addition to the information required in the application and enumerated in Article VII, § 193-43 of this chapter, the site plan submitted shall also show:
(a)
Location of the tower on the site and the tower
height, including blades.
(b)
Underground utility lines within a radius equal
to the proposed tower height, including blades.
(c)
Dimensional representation of the various structural
components of the tower construction, including the base and footings.
(d)
Design data indicating the basis of design,
including manufacturer's dimensional drawings and installation and
operation instructions.
(e)
Certification by a registered professional engineer
or manufacturer's certification that the tower design is sufficient
to withstand wind-load requirements for structures as established
by the New York State Uniform Fire Prevention and Building Code.
(2)
No windmill, including blades, shall extend more than
50 feet above the average ground level of the permanent structure.
(3)
No windmill shall be erected in any location where
its overall height, including blades, is greater than the distance
from its base to any property line.
(4)
Access to the tower shall be limited either by means
of a fence six feet high around the tower base with a locking portal
or by limiting tower climbing apparatus to no lower than 12 feet from
the ground.
(5)
No windmill shall be installed in any location along
the major axis of an existing microwave communications link where
the operation of the windmill is likely to produce an unacceptable
level of electromagnetic interference, unless the applicant provides
sufficient evidence satisfactory to the Building Inspection Department
indicating the degree of expected interference and the possible effect
on the microwave communications link.
(6)
Windmills shall be located or installed in compliance
with the guidelines of the Federal Aviation Regulations with regard
to airport approach zones and clearance around VOR and DVOR stations.
(7)
No windmills shall produce noise in excess of the limits established by the Chapter 123, Noise, of the Code of the Town/Village of East Rochester.
(8)
All sites proposed for windmills shall have sufficient
access to unimpeded air flow for adequate operation in accordance
to the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521,
or other nationally recognized reference.
(9)
Contiguous property owners may construct a windmill
for their common use. If property held by more than one single owner
is used to meet the setback requirements, a site plan establishing
easements or reserved areas must be submitted to the Zoning Board
of Appeals for approval.
(10)
No windmill shall be installed in a location
where the impact on the neighborhood character is determined by the
Zoning Board of Appeals to be detrimental to the general neighborhood
character.
(11)
If the windmill is to be interconnected to an
electric utility distribution system, the applicant shall provide
evidence of approval of the proposed interconnect by the Rochester
Gas and Electric Company.
(12)
Towers shall be located in rear yards and screened
as determined appropriate by the Zoning Board of Appeals.
(13)
Guy wires and anchors for towers shall not be
located closer than 10 feet to any property line.
(14)
All windmills shall be designed with an automatic
brake to prevent overspeeding and excessive pressure on the tower
structure.
(15)
The minimum distance between the ground and
any protruding blades shall not be less than 15 feet, as measured
at the lowest point of the arc of the blades.
I.
Light assembly and light fabrication and other light
industrial uses may be permitted in the LC Limited Commercial and
C/I Mixed Commercial/Industrial Districts, provided that the proposed
use observes the following standards and conditions:
(1)
The proposed use shall be specifically identified as a permitted use in the I Industrial District, § 193-58 of this chapter, or, in the opinion of the Zoning Board of Appeals, shall be similar in nature and scale to those permitted.
(3)
The proposed use meets all of the off-street parking
and loading provisions, standards and requirements of this chapter.
(4)
The proposed use shall meet all of the provisions,
standards and requirements of this chapter for limited commercial
uses.
(5)
The parcel must adjoin land within the I Industrial
District. Parcels separated by a street or railroad track shall be
considered to be adjoining parcels.
J.
Two-family dwellings constructed or converted prior
to zoning restrictions excluding the same and not eligible for treatment
as prior existing nonconforming uses, only when owner-occupied and
only when modified to comply with the New York State Uniform Fire
Prevention and Building Code as of the date of the issuance of the
special permit, may be permitted in residential districts, provided
that the following standards and conditions are observed:
K.
Motor vehicle sales and service businesses may be
located in the C/I Mixed Commercial/Industrial District, provided
that the use observes the following standards and conditions:
L.
Apartments or a multifamily dwelling or complex may
be located in the TR Townhouse Residential District, provided that
the following standards and requirements are met:
(1)
The minimum land area required for such uses shall
be one acre.
(3)
Not more than 10% of the units in any single development
shall contain three bedrooms.
(4)
Where there is more than one building in a complex,
no buildings shall be closer together than the height of the lower
building.
(5)
A strip of land at least six feet in width surrounding
each building shall be kept completely open except for foundation
plantings of less than six feet in height.
(6)
Courtyards bounded on three sides by the wings of
a single building or by the walls of separate buildings shall have
a minimum court width of two feet for each one foot in height of the
tallest adjacent building.
(7)
Apartments or multiple-family dwelling complexes shall
be attractively shrubbed and properly maintained. Open space adjacent
to, around or between driveways, parking areas, structures or other
required improvements shall be graded and seeded to provide a thick
stand of grass or other plant material.
M.
Telecommunications towers. The Zoning Board of Appeals
may approve a special use permit for the creation and maintenance
of telecommunications towers within the I Industrial District, provided
that the following standards and provisions are maintained:
(1)
Purpose. The purpose of these special use permit regulations
is to promote health, safety and the general welfare of the residents
of the Town/Village of East Rochester; to provide standards for safe
provision of telecommunications consistent with applicable federal
and state regulations; to minimize the total number of telecommunications
towers in the community by encouraging shared use of existing and
future towers and the use of existing tall buildings and other high
structures; and to minimize adverse visual effects from telecommunications
towers by requiring careful siting, visual impact assessment and appropriate
landscaping.
(2)
General criteria. No special use permit or renewal
thereof or modification of a current special use permit relating to
a telecommunications tower shall be authorized by the Zoning Board
of Appeals unless it finds that such telecommunications tower:
(a)
Is necessary to meet current or expected demands
for service.
(b)
Conforms to all applicable regulations promulgated
by the Federal Communications Commission, Federal Aviation Administration
and other federal agencies.
(c)
Is designed and constructed in a manner which
minimizes visual impact to the extent practical.
(d)
Complies with all other requirements of this
chapter, unless expressly superseded herein.
(e)
Is the most appropriate site among those available
within the technically feasible area for the location of a telecommunications
tower.
(f)
Is designed to accommodate future shared use
by at least one other telecommunication service provider. Any subsequent
location of telecommunication equipment by other service providers
on existing towers specifically designed for shared use shall not
require a new or modified special permit if there would be no increase
in the height of the tower. However, the additional equipment will
require site plan review.
(3)
Collocation.
(a)
The Town/Village of East Rochester prefers the
shared use of towers to the construction of towers for individual
use. Where shared use is not possible, consideration should be given
to the location of antennas on preexisting structures. Any special
permit applications or renewal or modification thereof shall include
proof that reasonable efforts have been made to collocate within (share)
an existing telecommunications tower or upon an existing structure.
(b)
Applicants shall present an adequate report
inventorying existing towers within reasonable distance of the proposed
site and outlining opportunities for shared use of existing facilities
and the use of other preexisting structures as an alternative to the
construction of a new tower. Such report shall identify existing telecommunications
tower sites and structures exceeding 75% of the height of the proposed
tower within the search range of the cell grid. The inventory report
shall contain an evaluation of opportunities for shared use and alternatives
to the proposed location.
(c)
Applicants intending to share use of an existing
tower shall document intent from an existing tower owner to share
use. The applicant shall pay all reasonable fees and costs of adapting
an existing tower or structure to a new shared use. Those costs may
include, but are not limited to, structural reinforcement, preventing
transmission or receiver interference, additional site screening and
other changes, including real property acquisition or lease required
to accommodate shared use.
(d)
Applicants proposing to build new towers shall
submit a report demonstrating good faith efforts to secure shared
use from existing towers as well as documenting capacity for future
shared use of the proposed tower. The applicant must demonstrate that
the proposed telecommunications tower cannot be accommodated on existing
telecommunications tower sites in the inventory due to one or more
of the following reasons:
[1]
The planned equipment would exceed the structural
capacity of existing and approved telecommunications towers or other
structures, considering existing and planned use for those facilities.
[2]
The planned equipment would cause radio frequency
interference with other existing or planned equipment which cannot
be reasonably prevented.
[3]
Existing or approved telecommunications towers
or other structures do not have space on which proposed equipment
can be placed so it can function effectively and reasonably.
[4]
Other technical reasons make it impracticable
to place the equipment proposed by the applicant on existing facilities
or structures.
[5]
The property owner or owner of the existing
telecommunications tower or other structure refuses to allow such
collocation.
(4)
Dimensional standards.
(a)
No more than one telecommunications tower shall
be permitted on any single parcel of land.
(b)
The minimum lot size for a tower shall be sufficient
to include the entire fall zone, regardless of whether the site is
leased or owned in fee.
(c)
The minimum setback of any tower part, including
accessory facilities, from any property line for each telecommunications
tower shall be equal to the height of the tower to be erected.
(d)
A fall zone around any telecommunications tower
must have a radius at least equal to the height of the tower and any
antennas attached upon its zenith. The entire fall zone may not include
public roads and must be located on property either owned or leased
by the applicant or for which the applicant has obtained an easement
and may not contain any structure other than those associated with
the telecommunications tower.
(e)
The frontage requirement of the zone district shall not apply, provided that the telecommunications tower is not proposed on a parcel to be partitioned specifically for the facility and provided that the facility is not designed for occupancy by staff. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or ownership, shall be in accord with Subsection M(7) herein.
(5)
Lighting and marking. Telecommunications towers shall
be marked and lighted, as appropriate, in order to comply with standards
and requirements of any governmental agency with jurisdictional authority.
Whenever possible, towers should be designed and sited so as to avoid
the application of FAA lighting and painting requirements.
(6)
Appearance and buffering.
(a)
The use of any portion of a telecommunications
tower for signs or promotional or advertising purposes, including
but not limited to company name, phone numbers, banners, streamers
and balloons, is prohibited.
(b)
All towers and accessory facilities shall be
sited to have the least practical adverse visual effect on the environment,
as determined by the Zoning Board of Appeals.
[1]
Any tower that is not subject to FAA marking, pursuant to Subsection M(5) herein, shall have a galvanized finish or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Zoning Board of Appeals, or be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.
[2]
Generally, guyed towers shall be preferable
to freestanding structures.
[3]
Accessory structures shall maximize the use
of building materials, colors and textures designed to blend with
the natural surroundings.
[4]
The Zoning Board of Appeals may require the
planting of deciduous or evergreen trees to ensure adequate screening
around the fences of the tower base area, accessory structures and
the anchor points of guyed towers to buffer their view from neighboring
residences, recreation areas or public roads. The Zoning Board of
Appeals may similarly require screening adjacent to waterways, landmarks,
refuges, community facilities or conservation or historic areas within
common view of the public.
[5]
Existing on-site vegetation shall be preserved
to the maximum extent possible.
(7)
Access and parking.
(a)
An access road and sufficient off-street parking
facilities shall be provided to assure adequate emergency and service
access. Maximum use shall be made of existing roads. New rights-of-way
established solely for access to telecommunications towers must be
at least 20 but no more than 30 feet wide. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
soil erosion potential.
(b)
The road surface (driveways) shall be centered
within rights-of-way and shall not comprise more than 60% of the width
of the right-of-way.
(c)
Parking areas shall be sufficient to accommodate
the greatest number of service vehicles expected on the premises at
any one time.
(d)
Driveways or parking areas shall provide adequate
interior turnaround such that service vehicles will not have to back
out onto a public thoroughfare.
(8)
Security.
(a)
All commercial telecommunications towers shall
be completely enclosed by a fence, with suitable locking facilities,
not less than eight feet in height above ground level. The top foot
of such fencing may, at the discretion of the Zoning Board of Appeals,
in deference to the character of the neighborhood, be comprised of
three strands of barbed wire to discourage unauthorized access to
the site.
(b)
Motion-activated or staff-activated security
lighting around the base of a tower or accessory structure entrance
may be provided if such lighting does not project off the site. Such
lighting should only occur when the area within the fenced perimeters
has been entered.
(c)
There shall be no permanent climbing pegs within
15 feet of the ground on any tower.
(d)
A locked gate at the junction of the accessway
and a public thoroughfare may be required to obstruct entry by unauthorized
vehicles. Such gate must not protrude into the public right-of-way.
(9)
Engineering and maintenance.
(a)
Site plans for all telecommunications towers
must bear the seal of a professional engineer licensed to practice
in the State of New York. Every facility shall be built, operated
and maintained to acceptable industry standards, including but not
limited to the most recent, applicable standards of the Institute
of Electric and Electronic Engineers (IEEE) and the American National
Standards Institute (ANSI).
(b)
Every facility shall be inspected at least every
second year for structural integrity by a New York State licensed
engineer. A copy of the inspection report shall be submitted to the
Building Inspector/Code Enforcement Officer.
(c)
A safety analysis by a qualified professional
must accompany any special permit or site plan application or renewal
thereof or modification for the purpose of certifying that general
public electromagnetic radiation exposure does not exceed standards
set by federal regulations.
(10)
Removal.
(a)
In the event that a telecommunications tower
becomes obsolete due to new technology or is no longer used for the
purpose specified in the application or the telecommunications facility
ceases operations for a period of 12 consecutive months, such tower,
structures or facilities shall be dismantled and removed from the
site within 120 days of receipt of written notice from the Town/Village
and based upon the Town/Village's declaration to the effect specified
herein. Upon removal of said facility, the land shall be restored
to its previous condition, including but not limited to the seeding
of exposed soils.
(b)
The Zoning Board of Appeals may, as a condition
of special use permit approval, require the applicant to provide a
letter of credit, performance bond or other financial guaranty, with
the municipality as the assignee, to insure that funds will be available
for the Town/Village's use for removal of the telecommunications tower
and for property restoration, should the tower become obsolete or
abandoned.
(c)
At time of modification of the special use permit,
the Planning Board may adjust the required amount of the financial
security bond to adequately cover increases in the cost of removal
of the telecommunications tower and property restoration.
(11)
Additional information required for site plan
review. Site plan approval shall be granted by the Zoning Board of
Appeals in accordance with the provisions of this chapter. In addition
to the specific requirements, a site plan application for a telecommunications
tower shall include the following additional information:
(a)
The location of all structures and trees on
the site and on any adjacent property within 50 feet of the subject
property line.
(b)
Documentation of the proposed intent and capacity
of use as well as a justification for the height of any tower and
antennas and justification for any proposed clearing of land or vegetation.
(c)
All information prepared by the manufacturer
of the tower, or the applicant for which a special use permit is being
sought, including but not limited to the following:
[1]
Type of tower to be erected.
[2]
Identification of any anticlimb device to be
installed.
[3]
Identification of the levels of radiation to
be emitted by or from the telecommunications tower.
[4]
Identification of the effects that the operation
of the tower will have on other existing telecommunications towers
or antenna within 1,000 feet of the proposed structure.
(d)
The Zoning Board of Appeals may retain the services
of a telecommunications consultant to review the proposed site plans
for a telecommunications tower. All reasonable and necessary consultant
costs incurred by the Town/Village in the review of site plans and
application documents shall be borne by the applicant, to the extent
permitted by law.
(12)
Exceptions. The following telecommunications towers are excepted from the provisions of this Subsection M:
(a)
Satellite dish antennas as regulated elsewhere
in this chapter.
(b)
Conventional television and radio antennas when
used exclusively for private benefit and involving a structure with
a height of less than 15 feet above existing grade or, if attached
to a structure, less than 15 feet above the maximum height of the
building.
(c)
Lawfully approved uses existing prior to the
effective date of these regulations.
(d)
Facilities located on property owned by the
Town/Village of East Rochester.
(13)
Time limit. In consideration of a special use
permit for the erection and maintenance of a telecommunications tower,
the Zoning Board of Appeals may impose a specific time period for
the operation of the use. Said time limit shall clearly stipulate
the conditions imposed for granting the special use permit and the
basis for the Zoning Board of Appeals not to renew said permit for
another specified time period.
