A.
Fallout shelters. Fallout shelters, whether above
or below the ground, shall be permitted as either a principal or accessory
use in all districts, provided that said fallout shelter shall comply
with the lot and bulk requirements as specified for the district in
which the shelter is located, and further provided that said shelter
shall not exceed 10 feet in height or, if below ground, shall not
be closer than two feet to any lot line.
B.
Cemeteries and crematories. Cemeteries and crematories
in existence on January 1, 1963, are permitted, provided that the
land area of the cemetery shall not be increased. Cemeteries and crematories
shall comply with the following:
[Amended 9-8-1994 by L.L. No. 5-1994[1]]
(1)
Buildings or structures shall be limited to two stories
not to exceed 28 feet in height, with a minimum distance of 100 feet
from a property line, allowing a minimum of 100 feet between each
building or structure, except:
(a)
A private burial chamber, private chapel, private
crypt, private mausoleum or private vault for an individual family
may be erected, provided that the height of the chamber, chapel, crypt,
mausoleum or vault does not exceed 15 feet and it is located not less
than 50 feet from a property line, allowing a minimum of 25 feet between
structures.
(b)
A caretaker's cottage shall conform to requirements
of the district in which the cemetery is located.
(2)
No grave markers or monuments exceeding one foot in
height may be placed nearer than 15 feet to a property line.
(3)
The maximum percent of coverage of land by buildings
or structures shall be 5%.
(4)
No chapel or mausoleum, except for a private family
structure, shall be permitted on any lot less than 50 acres in size.
(5)
Any structure erected on cemetery land adjacent to
residential property shall be screened with evergreen plants and/or
fencing.
(6)
No building footprint shall exceed 5,000 square feet
in size nor 100 feet in length, width or depth as measured in bisecting
vertical/horizontal axes.
[1]
Editor's Note: Local Law No. 16-1995, adopted
12-13-1995, provided that nothing contained in L.L. No. 5-1994, shall,
directly or indirectly, be construed as altering, limiting, restricting
or in any way or manner effecting any site plan approved prior to
passage and adoption of L.L. No. 5-1994.
C.
Home occupations, where permitted in single-family
detached dwellings, shall comply with the following:
[Amended 7-8-1987 by L.L. No. 3-1987; 9-13-1995 by L.L. No. 10-1995]
(1)
Said home occupations shall be conducted by members
of the family residing on the premises.
(2)
Said home occupation shall be incidental and subordinate
to the residential use and shall not occupy more than 50% of the area
of one floor of the principal building. No home occupation shall be
conducted in an accessory building or outside of the principal building.
(3)
In no manner shall the appearance of the building
be altered or shall the occupation within the residence be conducted
in a manner that would cause the premises to differ from its residential
character, either by the use of colors, materials, construction, lighting,
size or the emission of sounds, noises or vibrations. No display of
products shall be visible from the street, and no stock in trade shall
be kept on the premises.
(4)
The home occupation shall not increase the vehicular
traffic flow by more than one additional vehicle at a time and shall
not involve the use or outdoor storage of commercial vehicles for
delivery of materials to and from the premises.
(5)
No home occupation shall create noise, dust, vibration,
odor, smoke, electrical interference, fire hazard or any other hazard
or nuisance to any greater extent or more frequent extent than that
usually experienced in the district under circumstances wherein no
home occupation were to exist.
(6)
Home occupations shall in no event be deemed to include
animal hospitals, kennels, barbershops, beauty parlors, clinics or
hospitals, dancing schools, mortuaries, nursery schools or day-care
centers, clubs, auto repair shops, television and radio repair shops,
restaurants, tourist homes, rooming houses or boardinghouses and uses
similar to those listed above.
D.
Professional offices in single-family detached residences,
where permitted, shall comply with the following:
[Amended 9-13-1995 by L.L. No. 10-1995]
(1)
Said office shall be conducted by a professional residing
on the premises. Not more than two nonresident assistants shall be
employed by any such professional resident.
(2)
Said office shall be incidental and subordinate to
the residential use of the building and shall not occupy more than
50% of the area of the ground floor of the principal building. No
office shall be conducted in an accessory building.
(3)
In no manner shall the appearance of the building
be altered or shall the office within the residence be conducted in
a manner that would cause the premises to differ from its residential
character, either by the use of colors, materials, construction, lighting,
sizes or the emission of sounds, noises or vibrations.
(4)
The professional office shall not increase the vehicular
traffic flow by more than one additional vehicle at a time and shall
not involve the use or outdoor storage of commercial vehicles for
delivery of materials to and from the premises.
(5)
No professional office shall create noise, dust, vibration,
odor, smoke, electrical interference, fire hazard or any other hazard
or nuisance to any greater extent or more frequent extent than that
usually experienced in the district under circumstances wherein no
professional office were to exist.
E.
Professional offices in multifamily dwellings, where
permitted, shall comply with the following:
[Added 9-13-1995 by L.L. No. 10-1995[2]]
(1)
Professional offices in multifamily dwellings shall
be limited to the ground floor. For purposes of this subsection only,
the words "ground floor" shall mean the first floor of residential
use.
(2)
In no manner shall the exterior appearance of the
residential unit or the common areas of the building be altered, nor
shall the office within the residence be conducted in such a manner
that would cause the premises to differ from the residential character
of the building or the appearance of other residential units in the
building.
(3)
No professional office in a multifamily building shall
exceed in size the largest unit used for residential purposes.
(4)
No professional office shall create noise, dust, vibration,
odor, smoke, electrical interference, fire hazard or any other hazard
or nuisance in excess of that usually experienced in the district
under circumstances wherein no professional office were to exist.
(5)
All professional offices must register with the Building Department and obtain a permit from the Building Inspector. All existing offices as of the date of this Subsection E shall have one calendar year to register and obtain said permit.
(6)
Professional offices in multifamily buildings established prior to the effective date of this subsection shall not be held to regulations more restrictive than those in effect at which time said offices were constructed, except that said offices shall be required to comply with the registration provisions with the Building Department per Subsection E(5) above.
F.
Trailers, recreation vehicles, boats and commercial
vehicles. The outdoor storage or parking and use of a trailer or recreation
vehicle by any person or persons is hereby prohibited in all districts,
except that:
(1)
Not more than one unoccupied trailer or recreation
vehicle or one vehicle having commercial registration per dwelling
unit may be stored, but not used for dwelling purpose, on an occupied
lot in any residence district, provided that such trailer or recreation
vehicle or vehicle having commercial registration is not stored in
a front yard. If stored in a side or rear yard, said trailer or recreation
vehicle or vehicle having commercial registration shall be buffered
from view by a fence or landscape screen of at least six feet in height.
(2)
Not more than one boat per dwelling unit may be stored
on an occupied lot in any residence district, provided that such boat
is not stored in a front yard. If stored in rear or side yard, said
boat shall be buffered from view by a fence or landscape screen of
at least six feet in height.
(3)
Where a building permit has been issued for the construction
or alteration of a building or immediately following an emergency
or disaster, the Building Inspector may issue a temporary permit for
one or more trailers for a period not to extend for more than one
year from the date of disaster. For nonresidential areas, the number
of trailers shall be limited to that which the Building Inspector
shall deem to be necessary in each case. Said temporary permit may
be extended for two additional successive periods of six months each
if the Building Inspector finds that construction has been diligently
pursued and that justifiable circumstances require such an extension.
(4)
In nonresidential districts, with written permission
from the Building Inspector, one van or trailer with a valid vehicle
registration may be parked and used in the parking lot of a commercial
building housing professional offices, said van or trailer to be used
to provide medical services, including but not limited to C.A.T. scans,
magnetic resonance imaging (MRI), bloodmobile and hypertension screening,
provided that said vehicle is on the premises only occasionally or
periodically, and provided further that, in the opinion of the Building
Inspector, said use does not impede safe pedestrian or vehicle traffic
flow or otherwise create a nuisance. This section shall not apply
to professional offices in a home or apartment building.
[Added 7-8-1987 by L.L. No. 3-1987]
G.
Swimming pools. Except as provided hereinafter, no
swimming pool shall be located, constructed or maintained on any lot
or land area, except in conformity with the following requirements:
(1)
Said pool may be installed or maintained in any residential
district or in any nonresidential district where specifically permitted.
(2)
Said pool shall be used as an accessory use to a dwelling
or group of dwellings or as part of the recreational facilities of
a camp, club or similar use.
(3)
When accessory to a single-family residence, such
pool shall be located in a rear yard only.
(4)
The portion of the premises upon which such pool is
located shall be entirely surrounded and enclosed with a good quality
security fence which shall have a height of not less than four feet,
notwithstanding any other provisions of this chapter. Said fence shall
be of a type approved by the Building Inspector of the Town of Greenburgh.
All enclosures shall have railings and posts within the enclosure
which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between the posts and at the top of the posts,
respectively. Enclosure, fence material or fabric shall be capable
of withstanding a concentrated lateral load of 50 pounds applied anywhere
between supports on an area 12 inches square, without failure or permanent
deformation.
[Amended 4-12-2000 by L.L. No. 3-2000]
(5)
Every gate or other opening in the fence enclosing
such pool shall be self-closing and self-latching and shall be kept
securely locked at all times when said pool is not in use. The latch
handle on every gate shall be located within the enclosure and at
least 40 inches above grade and shall be securely locked with a key,
combination or other childproof lock sufficient to prevent access
to the swimming pool through such gate when the swimming pool is not
in use or supervised.
[Amended 7-8-1987 by L.L. No. 3-1987; 4-12-2000 by L.L. No. 3-2000]
(6)
Such pool shall be not located less than 15 feet from
the side and rear lot lines. Any patio surrounding such pool shall
not be located less than 10 feet from any lot line. Any deck surrounding
such pool shall be subject to all the otherwise applicable yard requirements
for buildings or structures, as applicable. There shall be no required
setback between a pool and any building.
[Amended 7-8-1987 by L.L. No. 3-1987]
(7)
Such pool shall be chemically treated in a manner
sufficient to maintain the bacterial standards established by the
provisions of the New York State Sanitary Code relating to public
swimming pools.
(8)
No loudspeaker or amplifying device shall be permitted
which can be heard beyond the lot lines of the lot on which said pool
is located.
(9)
No lighting or spotlighting shall be permitted which
will project light rays beyond the lot lines of the lot on which said
pool is located.
(10)
Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Building Inspector may, at his discretion, issue a permit for the erection of said pool without such fencing. The Building Inspector shall, however, first make a finding to the effect that, in his opinion, said pool has protection from entry equivalent to that afforded by the erection of a fence as provided for in Subsection F(4) of this section.
(11)
Such pool shall be equipped with an integral
filtration system and filter pumps or other mechanical devices which
shall be so located and constructed as not to interfere with the peace,
comfort and repose of the occupant of any adjoining property.
(12)
No permission shall be granted for the installation
of any swimming pool unless the plans thereof meet the minimum Town
of Greenburgh construction requirements. The plans shall show the
method of disposal of filter backwash material and the method of draining
the pool, and such methods and points of discharge shall be satisfactory
to the Town of Greenburgh Department of Public Works and to the Westchester
County Health Department, Division of Environmental Health Services.
(13)
If unenclosed, the area of the swimming pool
shall not be included within the limitations of percentage of coverage
of land allowed for permitted accessory buildings.
(14)
A wall of a dwelling is permitted to serve
as part of the enclosure under the following conditions:
[Added 4-12-2000 by L.L. No. 3-2000]
(15)
Where an aboveground pool has a deck which abuts or is adjacent to a dwelling and direct access to the deck is through the exterior wall of the dwelling, such access shall be in accordance with § 285-36G(14).
[Added 4-12-2000 by L.L. No. 3-2000]
(16)
Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the requirements of § 285-36G(5), (14) and (15), provided that their access ladder or steps can be blocked in an approved manner when not intended for use.
[Added 4-12-2000 by L.L. No. 3-2000; amended 4-29-2003 by L.L. No. 3-2003]
H.
Tennis courts on lots of 30,000 square feet or greater,
subject to the following:
(1)
Such facilities shall be deemed to be a structure
and shall not be located less than 20 feet from the side and rear
lot lines. For the purposes of measuring yard areas, said tennis court
shall be deemed to be a surfaced area of 60 feet in width by 120 feet
in length.
(2)
Such facilities shall be located in side or rear yards
only.
(3)
No illumination of the facility of any kind shall
be allowed.
(4)
Fences of a maximum of 12 feet in height may be allowed.
(5)
An evergreen planting strip of 10 feet in width and
10 feet in height shall be provided to screen the recreation use from
the view of adjacent properties.
(6)
No loudspeaker or amplifying device shall be permitted.
(7)
If unenclosed, the area of the tennis court shall
not be included within the limitations of the percentage of coverage
of land allowed for permitted accessory buildings.
I.
Trash compactors, where permitted, shall be located
in the rear yard only, subject to the following:
(1)
The compactor shall be located no closer to the property
lines than is permitted for an accessory structure in said district.
(2)
The compactor shall not be located in a required loading
berth or in required off-street parking spaces.
(3)
The compactor shall be of rodentproof design.
(4)
The design and operation of the trash compactor shall
be approved by the Building Inspector of the Town of Greenburgh prior
to its installation.
J.
Location of accessory uses. Unless otherwise specified, all accessory uses permitted in this chapter shall be located in the principal building or in any side or rear yard, with the exception of permitted signs and off-street parking for one-family dwellings as provided in § 285-38B, which may also be located in any front yard, provided that said parking does not result in the parking of vehicles on or within one foot of a public right-of-way.
[Amended 7-8-1987 by L.L. No. 3-1987; 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
K.
Exterior lighting. All exterior lighting in connection
with all buildings, signs or other uses shall be directed away from
adjoining streets and properties and shall not cause any objectionable
glare observable from such streets or properties and shall be limited
to 14 feet in height.
L.
Basements. No basement shall be used for bedroom or kitchen purposes
unless it is fully enclosed and suitably heated.
[Amended 5-22-2013 by L.L. No. 2-2013]
M.
Prohibited uses in all districts. Any other provisions
of this chapter notwithstanding, and except as provided hereinafter,
the following uses shall be prohibited in all districts:[3]
(1)
Any use which is noxious, offensive or objectionable
by reason of the emission of smoke, dust, gas, odor or other form
of air pollution; or by reason of the deposit, discharge or dispersal
of liquid or solid wastes, in any form, in a manner or amount so as
to cause permanent damage to the soil or any stream or to adversely
affect the surrounding area; or by reason of the creation of noise,
vibration or electromagnetic disturbance perceptible beyond the boundaries
of the lot on which it is situated; or by reason of illumination by
artificial light or light reflection beyond the limits of the lot
on or from which such light or light reflection emanates, or which
involves any dangerous fire, explosive, radioactive or other hazard,
or which can cause injury, annoyance or disturbances to any of the
surrounding properties or to their owners and occupants; and any other
process or use which is prejudicial to health, safety or the general
welfare.
(2)
Junkyards or dumps, except for those existing as of
the effective date of this chapter in the LI Light Industrial District.
[Amended 7-8-1987 by L.L. No. 3-1987]
(3)
Trailers, trailer camps or mobile home parks.
(4)
Manufacture or storage of ammunition, explosives or
fireworks.
(5)
Roll-up, accordion, scissors lath, steel grille, security
steel or other types of security doors designed to provide a second
layer of enclosure for storefronts or doorways.
[Added 7-8-1987 by L.L. No. 3-1987]
(6)
Communication facility uses other than those permitted in § 285-37.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
(7)
Any antenna or facility that produces or contributes
to the production of emissions that exceed the maximum permissible
exposure levels listed in Table IV[4] or any subsequent superseding standard adopted by the
Federal Communications Commission.
[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]
[4]
Editor's Note: Table IV is included at the
end of this chapter.
(8)
Massage parlors.
[Added 11-9-2015 by L.L.
No. 14-2015]
[3]
Editor's Note: Former Subsection M, Satellite
receiving antennas, as amended, was repealed 8-13-1996 by L.L. No.
7-1996 and again 4-29-1997 by L.L. No. 6-1997. These local laws also
provided for the redesignation of former Subsections N and O as M
and N, respectively.
N.
Sheds.
[Added 12-20-1994 by L.L. No. 12-1994]
(1)
No shed shall exceed 150 square feet in size nor 10
feet in height. Shed setbacks shall be a minimum of three feet for
sheds up to 100 square feet and a minimum of five feet for all other
sheds. No more than one shed shall be allowed per single-family detached
unit and shall be restricted to the rear yard.
(2)
To obtain a building permit for any shed built or
erected before January 1, 1981, a landowner may present proof of construction
documenting that the shed was built or erected before January 1, 1981,
or alternatively sign an affidavit attesting to the fact that construction
of the shed was completed prior to January 1, 1981. Where proof of
the date of construction is by affidavit alone, the Building Inspector
shall attempt to verify the date prior to issuing a building permit
by performing an inspection.
O.
Gasoline service station convenience stores shall
comply with the following:
[Added 11-12-1997 by L.L. No. 11-1997[5]]
(1)
Implementation of safety measures which shall include
at a minimum the following: unobstructed windows of an adequate size
which would allow activity inside the store to be seen from the outside,
installation of a drop-safe, cash registers located so that they may
be seen from outside the store.
(2)
There will be sufficient security to prevent the use
of the premises as a loitering place during the hours of operation.
(4)
The maximum coverage of land by buildings or structures
shall not exceed that allowed in the underlying zone.
(5)
Gross floor area of gasoline station convenience store shall not exceed 800 square feet, unless the requirements of Subsection O(8) below are met and a special permit has been granted by the Town Board.
(6)
The following items shall not constitute more than
45% of the wholesale dollar value of the total displayed inventory
and shall be less than the minimum inventory percentage required under
State Liquor Authority guidelines in order to qualify for a license
to sell beer, wine products and other alcoholic beverages: dairy products,
canned goods, baked goods, fruits/vegetables, meats, cold cuts, fish
or other groceries.
(7)
There shall be no provision for on-site consumption
of food by patrons, including but not limited to tables, chairs and
eating utensils.
(8)
The gross floor area of a gas station convenience
store may exceed 800 square feet upon the issuance of a special permit
by the Town Board, if the following conditions are met:
(a)
A site plan acceptable to the Town Board, after review and recommendation by the Planning Board, is submitted which meets all the requirements of this chapter and Chapter 370 of the Code of the Town of Greenburgh.
(b)
Submission of proof satisfactory to the Town
Board which demonstrates that any potential traffic impacts due to
the development of a convenience store with more than 800 square feet
of gross floor area either will not adversely affect traffic circulation
in and around the proposed location or appropriate mitigation measures
shall be implemented to alleviate any potential adverse traffic impacts.
(c)
Additional security and safety measures are
implemented so as to ensure the safety of the patrons and employees.
Such measures shall include but shall not necessarily be limited to
video surveillance and panic or holdup alarm systems.
(d)
Appropriate landscaping as determined and approved
by the Commissioner of Conservation and Community Development shall
be installed and maintained.
[5]
Editor's Note: This local law also provided
that "All existing convenience stores shall have 90 days from the
effective date of this law to demonstrate compliance and obtain the
required permits and approvals."
P.
Incidental dining special permit.
[Added 3-8-2000 by L.L. No. 2-2000]
(1)
Any bakery, pizzeria, delicatessen or ice cream stand
may apply to the Planning Board for a special permit to offer seating
for a maximum of eight persons for on-site consumption of food, whether
provided inside or outside of the building structure, exempt from
off-street parking requirements for restaurants or quick-service establishments.
This provision shall not apply to establishments that otherwise qualify
as restaurants, quick-service or fast-food establishments, gasoline
convenience stores, supermarkets or grocery stores. Tables shall be
no greater than 36 inches in length and width or diameter so as to
accommodate a maximum of up to four chairs. Each chair shall be designed
for a maximum of one-person seating and shall not exceed 30 inches
in length and width.
[Amended 4-11-2018 by L.L. No. 4-2018]
(2)
In order to obtain an incidental dining special permit,
the applicant must demonstrate at a public hearing on the application
that:
(a)
There is a minimum of one parking space for
each 200 square feet of area occupied by the public within applicant's
business establishment or provide documentation showing adequate parking
in the immediate vicinity of applicant's business establishment during
peak weekday and weekend parking utilization periods, as determined
by the Planning Board.
(b)
The applicant has requested, and the Planning
Board has received, a letter from the Building Inspector stating that
the proposed incidental dining use of the premises is compliant with
state and local building codes and regulations and that the layout
and design of the tables and chairs poses no safety concerns under
such state and local building codes and regulations.
(c)
The applicant submitted to the Building Inspector,
the Planning Board and, in areas covered by a paid fire department,
the local paid fire chief stamped documentation from a certified engineer
establishing that the fire-suppression system provides adequate levels
of fire protection to the public and that the Planning Board has afforded
the Building Inspector and Fire Chief an adequate time period to respond,
if they choose, to the adequacy and acceptability of such fire-suppression
system prior to a decision being made on the special permit application.
(d)
The applicant has submitted to the Building
Inspector and Planning Board a proposed layout for the tables and
seating.
(e)
The applicant has satisfied any concerns of
the Planning Board with respect to any of the above items or other
relevant concerns regarding the application.
Q.
(Reserved)
R.
Adult establishments. Adult establishments, as defined in § 285-5, shall be permitted as set forth in §§ 285-32 and 285-33, upon the issuance of a special permit by the Town Board, subject to the following conditions:
[Added 1-10-2001 by L.L. No. 1-2001]
(1)
Adult establishments shall be permitted in Light Industrial
(LI) and General Industrial (GI) Districts only.
(2)
Adult establishments shall not be located less than:
(a)
Five hundred feet from the property line of
all residentially zoned lots.
(b)
Five hundred feet from the property line of
any synagogue, mosque, church or other place of worship, school, camp,
day-care center, park, playground, playing field, or any place that
caters to children.
(c)
Two thousand feet from any other adult establishment.
(3)
No adult establishment shall serve alcohol.
(4)
No adult establishment shall permit any employee or
others providing services to the adult establishment to display specified
anatomical areas.
(5)
All adult establishments shall be staffed with one
security person for every 50 persons or portion thereof approved for
occupancy of the adult establishment, to be on duty at all times that
the adult establishment is open.
(6)
No adult establishment shall be located on a lot with
frontage on a state or county road.
(7)
No more than one adult establishment shall be permitted
on a single lot.
(8)
Any other conditions required to address secondary
effects.
S.
Clinic, dental or medical. A clinic, dental or medical, as defined in § 285-5, shall be permitted upon issuance of a special permit by the Town Board in the following districts: CA Central Avenue Mixed-Use Impact, HC Hartsdale Center, UR Urban Renewal, OB Office Building, OB-1 Office Building, LOB Limited Office Building, IB Intermediate Business, GI General Industrial, PD Planned Development, LI Light Industrial, CB Close Business, in accordance with the general and specific standards and procedures set forth in § 285-25A(4)(j) of this chapter.
[Added 8-17-2005 by L.L. No. 3-2005]
T.
Massage establishment special permit. A massage establishment shall
only be permitted upon issuance of a special permit by the Town Board
and only in the following districts: OB Office Building, OB-1 Office
Building, LOB Limited Office Building, DS Designed Shopping, PED Planned
Economic Development, CA Central Avenue Mixed-Used Impact, HC Hartsdale
Center, CB Close Business, IB Intermediate Business, LI Light Industrial,
GI General Industrial, and UR Urban Renewal Districts.
[Added 11-9-2015 by L.L.
No. 14-2015]
(1)
The application for special permit approval shall include:
(a)
An itemized narrative explaining how compliance with this chapter,
each general standard below and each specific standard, if any, for
the zoning district in which such use will be located will be achieved.
(b)
A fully dimensional diagram or floor plan showing planned occupancy
or use of all areas, interior and exterior, including exits, windows,
doors, sanitary facilities, and the locations of all massage tables.
(2)
General standards. Any massage establishment special permit use must
comply with this chapter and the special standards enumerated in each
zoning district, as well as the general standards set forth below:
(a)
Each special permit use shall be reasonably necessary for the
public health or general interest or welfare.
(b)
Each special permit use shall be of such character, intensity,
size and location that, in general, it will be in harmony with the
orderly development of the district in which the property concerned
is situated and will not be detrimental to the orderly development
of adjacent districts.
(c)
Each special permit use shall be so located in order to be adequately
serviced by transportation facilities, water supply, waste disposal,
fire and police protection and similar services.
(d)
Each special permit use which adjoins or abuts a residence district
shall be so located on the lot involved that it shall not impair the
use, enjoyment and value of adjacent residential properties.
(e)
No special permit use shall create pedestrian or vehicular traffic
hazards because of its location in relation to similar uses, necessity
of turning movements in relation to its access to public roads and
intersections, or its location in relation to other buildings or proposed
buildings on or near the site and the traffic patterns from such buildings.
(f)
No special permit use shall include the display of signs, noise,
fumes or lights that will hinder normal development of the district
or impair the use, enjoyment and value of adjacent land and buildings.
(3)
Conditions for issuance of permit.
(a)
In order to obtain a massage establishment special permit, the
applicant must demonstrate, at a public hearing on the application,
that such general and specific standards have been fully met.
(b)
Upon such finding, the Town Board may grant such special permit
and in so doing may impose any conditions that it may deem necessary
to accomplish the reasonable application of such standards.
(4)
Notwithstanding the above, upon a hearing of the Town Board, a special
permit granted pursuant to this subsection may be revoked or suspended
for a period of time at the Town Board's sole discretion, upon a finding
of material noncompliance with one or more of the general and/or specific
standards for granting such special permit.
U.
Beekeeping. The keeping of bees, upon registration through the Department
of Community Development and Conservation, subject to the following:
[Added 4-3-2018 by L.L.
No. 2-2018]
(1)
Beekeeping shall be limited to the keeping of Honey Bees on properties
of at least 10,000 square feet in the One-Family Residence Districts.
(2)
Apiaries, which shall constitute a hive or hive-like structure having
removable frames specifically designed, constructed and maintained
for purposes of housing a Bee Colony, shall be located at least 20
feet from any property line, excluding the front property line. However,
no Apiaries are permitted in a front yard. The Apiary's entrance must
face away from the property line closest to the beehive and must be
situated to avoid unreasonable interference with pedestrian traffic.
In instances where an abutting or adjacent resident provides medical
documentation of a serious allergy to bee stings, to the satisfaction
of the Town Attorney, the Apiary shall be located at least 250 feet
from any property line. All Bee Colonies shall be kept in appropriately
sized, designed and maintained Apiaries which shall be kept and maintained
at all times in a sound and usable condition. The prospective beekeeper
shall have, or cause to have, a physical barrier such as a fence or
hedgerow along an appropriate portion or entirety of the nearest property
line of the Apiary. The orientation and location of the hives and
applicable physical barrier shall be inspected by and be to the satisfaction
of the Commissioner of the Department of Community Development and
Conservation.
(3)
Applicants must notify abutting or adjacent property owners/current
resident, by United States Mail, both by first class and by certified
return receipt, at least one month prior to the registration process
with the Department of Community Development and Conservation, notifying
them of their intent to register and maintain an apiary or apiaries.
A copy of a standard notification will be provided by the Department
of Community Development and Conservation. A list of mailings shall
be submitted as part of the Town registration process.
(4)
On lots 10,000 square feet to 40,000 square feet, no more than two
Apiaries shall be permitted. On lots greater than 40,000 square feet,
no more than four Apiaries shall be permitted.
(5)
Commercial signage associated with any Apiary is prohibited.
(6)
It shall be the duty of every Beekeeper: a) to be educated in and
strictly adhere to best management practices; b) to maintain Bees,
Bee Colonies and Apiaries in a location and condition that will prevent
diseases and/or abandonment of the Apiary. Evidence of completed educational/training
programs by the prospective beekeeper must be provided in connection
with the applicable registration form, to the satisfaction of the
Commissioner of the Department of Community Development and Conservation.
(7)
All Apiaries shall be registered annually with the Department of
Community Development and Conservation on forms provided or approved
by the Town; the purposes of such registration being: to maintain
a record of the number and location of each Apiary, to obtain the
most current contact and credential/education information in connection
with each Beekeeper and to obtain a certification from each Beekeeper
acknowledging receipt of a copy of this chapter and the most current
rules and regulations that may be promulgated pursuant to this chapter.
A Beekeeper shall provide to the Department of Community Development
and Conservation any updates to the information contained in the annual
registration within 10 days of any change, including but not limited
to the abandonment or potential change in location of any Apiary.
(8)
Any Beekeeper who violates any provisions of the registration/beekeeping
process is subject to a revocation of their registration by the Building
Inspector, following a finding by the Commissioner of the Department
of Community Development and Conservation that the beekeeping activity
unreasonably interferes with persons residing on adjacent property
and/or constitutes a nuisance.
[Added by L.L. No. 7-1996[1]; amended 4-29-1997 by L.L. No. 6-1997; 3-24-1999 by L.L.
No. 3-1999]
A.
In order to encourage the siting of personal wireless
services facilities in nonresidential areas and to protect, to the
maximum extent permitted local governments by the Telecommunications
Act of 1996 and the Federal Communications Commission, the aesthetics,
the suburban character of the Town of Greenburgh, the property values
of the community, the health and safety of citizens and a citizen's
ability to receive communications signals without interference from
other communications providers, while not unreasonably limiting competition
among communications providers or unreasonably limiting reception
of receive-only antennas, no antenna(s), communications facility or
supporting structure shall be located, constructed or maintained on
any lot, building, structure or land area, except in conformity with
the following requirements. [NOTE: Inclusion in this section of communications
facilities as as-of-right and special permit uses is not an indication
the Town Board considers such facilities generally in concert with
the residential character of the Town. The provisions attempt to mitigate
provisions of the Telecommunications Act of 1996 that prohibit prohibition
of such structures while providing local governments limited siting
control.]
(1)
Regulatory compliance. Antenna(s) and their supporting
structures shall be securely mounted to withstand the wind loads for
the place of installation in accordance with New York State Building
Code, be constructed and maintained in conformance with all building,
electrical, fire-prevention and other applicable codes adopted by
the Town Board, be in conformity with any other construction or performance
standards (including approved fastening devices and techniques that
ensure proper mounting, approved materials and methods for electrical
connections, adequate structural support, etc.), and be in conformance
with the rules and regulations of any governmental entity having jurisdiction
over such antenna(s) or supporting structure, including, without limitation,
the Federal Communications Commission. No building permit shall be
issued for an antenna or antenna-related structure unless all existing
antennas and antenna support structures on the lot are in compliance
with this section. The following procedure is established to process
the applications of antenna and antenna-related structures:
(a)
Except for antenna installations exempt from the provisions of this section, as specified in § 285-5 under the definition of "structure" and in § 285-37A(25), all antenna installations shall require the submission of nine copies of a fully completed building application to the Building Inspector for each antenna installation and/or location, who shall accept the application and copies.
(b)
Within one business day of receipt of the application,
the Building Inspector shall mail to each of the Antenna Review Board
members one copy of the application.
(c)
The Antenna Review Board, within 30 days from the date the application was filed with the Building Inspector, shall advise the applicant and the Building Inspector in writing of the Board's determination as to whether the application is complete with respect to the requirements set forth in § 285-37A(16).
(d)
If the application is deemed incomplete by the Antenna Review Board with respect to § 285-37A(16), the applicant may either amend its application to contain the material necessary for acceptance by the Antenna Review Board within 30 days of the Antenna Review Board's notice of incompleteness or, if the applicant disagrees with such determination, the applicant can appeal the Antenna Review Board's incompleteness determination to the Zoning Board of Appeals within 30 days of the Antenna Review Board's notice of incompleteness. If an appeal is made to the Zoning Board of Appeals regarding the Antenna Review Board's determination on completeness, any individual who is a member of both the Zoning Board of Appeals and the Antenna Review Board must recuse himself or herself from the hearing, deliberations and decision of the Zoning Board of Appeals on such appeal.
(e)
If an application is deemed preliminarily complete by the Antenna Review Board with respect to § 285-37A(16), the Building Inspector, who shall have performed a review of the application for compliance with the Town's zoning laws as well as state laws, shall issue a final determination of completeness of the application, and shall notify the applicant and the Chairperson of the Antenna Review Board in writing that the application has received final approval for completeness. If the Building Inspector issues a final determination that the application is incomplete, the applicant may appeal such determination to the Zoning Board of Appeals within 30 days of such final determination.
(f)
The Building Inspector, in issuing a letter of final approval for completeness to the applicant and the Antenna Review Board, shall advise the applicant as to whether the application is as-of-right, needing Antenna Review Board approval on the aesthetic considerations contained in § 285-37A(20) and § 285-37A(3)(i) and visual considerations contained in § 285-37A(2), or that the application requires a special permit and/or variances from the Zoning Board of Appeals or the Town Board.
(g)
On as-of-right permit applications, the Antenna
Review Board shall notify the applicant, within seven business days
from the date that the application is deemed complete by the Building
Inspector, of the date, time and place when a hearing will be held
pursuant to the Open Meetings Law[2] on the aesthetic considerations contained in § 285-37A(20) and § 285-37A(3)(i) and visual considerations contained in § 285-37A(2) in order to determine the conditions relating to such considerations to be placed on the as-of-right permit.
[2]
Editor's Note: See Article 7 of the New York
State Public Officers Law.
(h)
The Antenna Review Board shall meet and render
a decision on the aesthetic conditions to be attached to the approval
of the as-of-right permit within 21 business days of the application
being deemed complete by the Building Inspector and shall render a
decision within 20 business days of the hearing.
(i)
The Antenna Review Board's decision relating to aesthetic conditions based on § 285-37A(20) and § 285-37A(3)(i) shall be attached to the as-of-right permit by the Building Inspector or his duly authorized representative.
(j)
If a special permit and/or variance(s) is required,
the applicant shall submit 20 copies of the special permit application
to the approving Board within 30 days from the date the Building Inspector
determines that the application is complete, and the Zoning Board
of Appeals Secretary or Town Clerk shall disseminate the application
to the Zoning Board of Appeals or Town Board, the Antenna Review Board
and other relevant agencies of the Town. The Secretary of the Zoning
Board of Appeals or Town Clerk shall then schedule a date for a public
hearing on the special permit application and variance application,
if applicable, pursuant to the established procedures of said boards.
(2)
Placement and height. Unless the Federal Communications Commission promulgates rules to the contrary, all communications facilities shall be a distance of not less than 350 feet from the nearest child day-care center, school, camp, public park or playground, as defined in this chapter, and, if installed in a cemetery, shall be at least 500 feet from the nearest property line. In addition, all antenna installations, including personal wireless service facilities, shall comply with setback requirements as modified in § 285-37A(3), be mounted in the rear yard or on the roof unless reception is unreasonably inhibited or visibility increased, and comply with the following:
(a)
All antenna(s) mounted on a roof, unless wall
mounted on an existing roof-mounted mechanical enclosure or similar
appurtenance, shall be located to the rear of the roof center line
so that visibility of the installation is limited to the greatest
extent practicable when viewed from the front yard. In no case shall
the elevation of the top of any antenna exceed the elevation of the
roof at the point of installation by more than seven feet in a residential
district or 15 feet in a nonresidential district. On a flat roof,
the installation shall not be closer than 10 feet to the exterior
surface of any exterior wall. For the purposes of this provision,
the term "roof" shall mean a horizontal or inclined surface serving
as the top closure of the principal structure, excluding such surfaces
over penthouses, stairwells, mechanical enclosures or similar appurtenances.
(b)
All antenna(s) located in the rear yard shall
be mounted on a secure supporting structure and, unless modified elsewhere
in this section, shall not exceed 12 feet in total height in a residential
district and 25 feet in height in a nonresidential district, unless
the support structure abuts the principal structure, in which case
the total height shall not exceed the elevation of the roof at the
point of installation by more than seven feet in a residential district
and 15 feet in a nonresidential district.
(c)
If the approving agency finds, based on the
documentation submitted, that roof or rear yard installation unreasonably
inhibits reception or that wall mounting decreases the visibility
of the installation, wall mounting on the principal structure shall
be permitted if in conformity with the following:
[1]
On structures with sloped roofs, provided that
the elevation of the top of the antenna(s) does not exceed the elevation
of the roofline at the point of installation by more than seven feet
in a residential district or 15 feet in a nonresidential district,
wall mounting shall be permitted in the side yard at least 15 feet
from the front yard and in the rear yard.
[2]
Wall mounting on the principal structure in
any other location or on a principal structure with a flat roof shall
be permitted, provided that the height of the top of the antenna(s)
does not exceed the height of the roof or parapet and that the antenna(s)
does not project more than two feet into the front yard.
[3]
Wall mounted antenna(s) shall be at least 20
feet above ground level.
(d)
Unless permitted as-of-right based on the conditions set forth in § 285-37A(8), if provisions in § 285-37A(2)(a), (b) or (c) inhibit reception, a monopole or antenna tower shall be a special permit use and shall be granted in accordance with the conditions set forth in § 285-37A(10).
(e)
Antenna(s) mounted on a new or existing monopole or tower shall comply with the height requirements specified in § 285-37A(10).
(3)
Setbacks. Subject to the exceptions hereinafter set
forth, unless modified elsewhere in this section, all accessory structure
setback requirements applicable for the district in which an antenna
installation or communications facility is situated shall apply to
such antenna installation or communications facility:
[Amended 6-24-2020 by L.L. No. 6-2020]
(a)
No antenna installation shall be permitted in any required buffer;
(b)
Wall-mounted or chimney-mounted antenna(s) may project no more
than two feet into the front yard;
(c)
There shall be no required setback between an antenna installation
or monopole and the principal building;
(d)
In any district where the rear yard setback is based on a fixed
distance and increased incrementally based on accessory structure
height, only the fixed distance shall apply if all abutting lots are
used exclusively for nonresidential purposes;
(e)
No communications facility located in a cemetery shall be closer
than 500 feet to any lot line;
(f)
If a monopole or tower is required and the rear lot line is
within a radius of 350 feet of a residential district, the minimum
distance of the monopole or tower from the rear lot line shall be
the same as the minimum distance between an accessory structure and
the rear lot line for the lot in which it is situated or 20% of the
lot depth, whichever is greater; and
(g)
If a monopole or tower is required and the side lot line is
within a radius of 350 feet of a residential district, the minimum
distance of the monopole or tower from the side lot line shall be
the same as the minimum distance between an accessory structure and
the side lot line for the lot in which it is situated or 20% of the
lot width, whichever is greater.
(h)
If the distance from the center of the monopole or tower to an existing principal building is less than eight feet, the percentage-based setbacks specified in § 285-37A(3)(f) and (g) shall not apply.
(i)
To encourage aesthetic improvements and collocation, a monopole installed between August 13, 1996, and August 1, 1998, in full conformity with the provisions of this chapter in effect at the time of installation but nonconforming due to the percentage-based setback requirements of § 285-37A(3)(f) and (g) shall be exempt from the setback requirements of § 285-37A(3)(f) and (g) and the requirement for a special permit in order to allow as-of-right collocation of a second macrocell, provided that no height variance is required and that the existing monopole is either replaced with a more aesthetically desirable support structure or significantly enhanced to increase the camouflaging and/or shielding of the installation in a manner satisfactory to the Antenna Review Board.
(j)
The setback to the lot line of any monopole or antenna tower
shall be no less than the maximum distance from the center of the
monopole or tower to the perimeter of the fall zone should the structure
collapse, as certified by a professional engineer specializing in
structural engineering.
(k)
No wireless facility may be located within 100 feet of any property,
or on a building or structure that is listed on the National Register
of Historic Places, or eligible to be so listed, or located within
an historic district.
(4)
As-of-right receiving devices. Over-the-air receive-only
devices in compliance with Federal Communications Commission rules
and standards and the provisions of this chapter shall be permitted
accessory uses in all districts. The approving agency shall not unreasonably
inhibit a viewer's ability to install, maintain and receive available
video programming services through devices designed for over-the-air
reception.
(5)
Satellite dish antenna. Satellite dish antennas no greater than 18 inches in maximum diameter shall not require a building permit. Satellite dish antennas having a maximum diameter no greater than one meter (39.37 inches) shall be permitted accessory uses in all districts, and satellite dish antennas having a maximum diameter no greater than two meters (78.74 inches) shall be permitted accessory uses in nonresidential districts and shall be subject to the provisions in § 285-37 only if a support structure is required that positions the closest point of the dish more than 18 inches from the principal or accessory structure or the undisturbed ground at the point of installation. Notwithstanding any provision contained herein to the contrary, a receive-only satellite dish antenna one meter or less in diameter installed in full conformity with the manufacturer's specifications shall not require a building permit, provided that the name of the manufacturer and the make, model and installation specifications are filed with the Building Inspector upon request pursuant to a specific concern regarding the safety of the installation.
(6)
Amateur stations. Amateur station antenna(s) shall
be special permit uses in all districts. In reviewing an application
for a special permit for an amateur station antenna, the Zoning Board
of Appeals shall balance the needs of the amateur operator against
the Town's desire to preserve the aesthetics of the surrounding neighborhood,
restrict NIER emissions to permitted levels, avoid interference with
other communications devices, and ensure that children cannot gain
access to the antenna monopole or antenna tower. In furtherance of
these objectives, unless reception is unreasonably inhibited, such
antenna shall be located on the roof to the rear of the roof center
line or in the rear yard abutting the principal structure, not exceed
the roof elevation at the point of installation by more than seven
feet in a residential district or 15 feet in a nonresidential district
when not in use, and, if mounted on an antenna tower or monopole,
the antenna tower or monopole shall be constructed or shielded in
such a manner to prevent climbing. To balance the competing interests,
the Zoning Board of Appeals shall consider the following factors and
may allow the amateur station antenna to be placed in another location
and in excess of the height limitations if the facts of the case warrant
such a deviation based on the following considerations:
(a)
Topography of the lot and terrain of the surrounding
area as the same relates to the effectiveness and range of the communications;
(b)
Nature and extent of the license issued to the
amateur operator;
(c)
Nature and extent of the amateur radio service
sought by the amateur operator, i.e., local, national, international
amateur service, amateur-satellite service or radio amateur civil
emergency service;
(d)
The applicant's participation in Department
of Defense or other emergency relief organizations;
(e)
Hours of operation proposed by the applicant;
(f)
Whether the antenna is retractable, motorized
or fixed;
(g)
Whether an alternate antenna configuration or
installation can meet the amateur operator's documented objectives;
(h)
Existing and proposed mitigating landscaping
or other buffer material between the antenna installation and adjacent
lots; and
(i)
Such other factors as the Zoning Board of Appeals
may deem relevant consistent with the community's aesthetic and safety
objectives and the Federal Communications Commission's objective of
allowing amateur radio services.
(7)
AM/FM broadcast station facilities.
(a)
AM/FM broadcast station facilities having a
certificate of public convenience and necessity issued by the Public
Service Commission of the State of New York shall be special permit
uses in the GI District on lots having no lot line closer than 350
feet to a residential district boundary line and be approved if the
applicant provides proof satisfactory to the Zoning Board of Appeals
that:
[1]
The unincorporated area of the Town is in the
center of a region requiring such AM and/or FM station;
[2]
The installation will be in conformity with provisions in § 285-37A(1) through (3) and provisions in § 285-37A(12) through (20); and
[3]
The height of the tower, which may exceed the
limits set forth herein, is the minimum height necessary to provide
the public service.
(b)
The facility shall also be subject to provisions § 285-37A(21) through (24).
(8)
As-of-right personal wireless service facility sites. In order to address the increased need for personal wireless services along major thoroughfares, personal wireless service facilities not less than 350 feet from the nearest school, day-care center, camp, public park or playground, as defined in this chapter, not requiring any zoning variance and not mounted on a new or existing antenna tower, in compliance with § 285-37A(10) if a new or existing monopole is required, not situated in a critical environmental area and not subject to Type I SEQRA review, providing coverage to an area of the unincorporated area of the Town, shall be permitted accessory or principal uses, subject to the applicable conditions imposed by the Antenna Review Board for aesthetic considerations stated in § 285-37A(20) and § 285-37A(3)(i), and visual considerations stated in § 285-37A(2).
[Amended 6-24-2020 by L.L. No. 6-2020]
(a)
In nonresidential districts on lots having a lot line abutting
a state or local thoroughfare with four or more lanes (other than
turning, parking or center median lanes) that extend as four lanes
more than 500 feet. However, if a monopole is required and the operator,
owner or applicant owns a monopole or tower within one mile or there
are two or more monopoles or antenna towers within one mile, regardless
of ownership, such site shall not be as-of-right and shall require
a special permit;
(b)
On lots containing an operational firehouse as a permitted principal
use;
(c)
On lots in a GI or LI District;
(d)
On federal and state-owned buildings if in compliance with this
chapter and any applicable federal and state regulations;
(e)
In cemeteries larger than 100 contiguous acres if situated more
than 500 feet from the cemetery's nearest lot line, provided that
the total height does not exceed 80 feet, notwithstanding any height
restriction contained herein to the contrary;
(f)
On public utility rights-of-way containing tower-elevated high-voltage
electric power transmission lines, provided that the antenna(s) is
mounted directly on an existing electric power line tower and does
not exceed the height of the power line tower, notwithstanding any
height or setback restriction contained herein to the contrary;
(g)
On Town-owned property used by the Department of Public Works
within 200 feet of the Sprain Brook Parkway, provided that the total
height does not exceed 80 feet, notwithstanding any height restriction
contained herein to the contrary; and on the Hartsdale Parking Authority
property within 200 feet of the Bronx River Parkway, provided that
the total height does not exceed 90 feet, to accommodate a new personal
wireless service facility, notwithstanding any height restriction
contained herein to the contrary, to accommodate unusual topography;
(h)
In all districts if the proposed facility constitutes an eligible facilities request, subject to the requirements of § 285-37A(27); or
(i)
In all districts inside the public rights-of-way if the proposed facility meets the definition of a small wireless facility. The requirements and conditions for small wireless facilities set forth in § 285-37A(28) shall supersede the requirements and conditions in this § 285-37A(8).
(9)
Special permit personal wireless service facility sites. Personal wireless service facilities at locations other than those specified in § 285-37A(8) or that do not meet the conditions set forth therein shall require a special use permit from the Town Board if the site is on Town-owned property and the Zoning Board of Appeals if situated in any other area, renewable every five years, and shall be permitted only if competent professionals, including a professional engineer with the qualifications set forth in § 285-37A(16), submit in writing at the time of application to the Building Inspector, and prove to the approving Board at the time of hearing, the following:
(a)
That the facility is needed to provide coverage
to an area of the unincorporated area of the Town that currently has
inadequate coverage.
(b)
That the facility is the minimum height and
aesthetic intrusion necessary to provide that coverage.
(c)
If proposed for placement on a lot in a nonresidential district, that adequate coverage cannot be achieved by siting or collocating the facility on one or more of the permitted sites listed in § 285-37A(8) and meeting the conditions therein, that all reasonable measures in siting the facility at all those locations have been exhausted or that technical or space limitations prevent location or collocation at those sites. If the lot abuts a residential district, then, in addition to the aforementioned conditions, it must be established that adequate coverage cannot be achieved by siting the facility on a lot which does not abut a residential district;
(d)
If proposed for placement in a residential district or on Town-owned property which abuts a residential district, that adequate coverage cannot be achieved by siting or collocating the facility on one or more of the permitted sites listed in § 285-37A(8) and meeting the conditions therein or on one or more sites in a nonresidential district, that all reasonable measures in siting the facility at all those locations have been exhausted or that technical or space limitations prevent location or collocation at those sites.
(e)
If proposed for placement within 350 feet of the nearest child day-care center, school, camp, public park or playground, as defined in this chapter, that there is no feasible means of meeting the needs of the applicant by installing similar facilities on one or more permitted sites not within the three-hundred-fifty-foot setback and that the proposed distance from such facility is the maximum distance practicable, as certified by a professional engineer with the qualifications set forth in § 285-37A(16). In addition, the facility shall be constructed in such a manner as to minimize its attraction to children and shall be located and constructed in such a manner as to make it impossible for children to gain access to the facility;
(f)
If a new or existing antenna tower or monopole is required for mounting the antenna(s), that the conditions set forth in § 285-37A(10) have been met.
(10)
Monopoles and antenna towers.
(a)
Antenna towers and tower-mounted antennas at any location, and monopoles and monopole-mounted antennas at locations other than those specified in § 285-37A(8) or that do not meet the conditions set forth in § 285-37A(8) or hereinafter, as determined by the Building Inspector, shall require a special use permit from the Town Board if the site is on Town-owned property and from the Zoning Board of Appeals if situated in any other area, and be permitted if, and only if, competent professionals, including a professional engineer with the qualifications set forth in § 285-37A(16), submit in writing the following at the time of application to the Building Inspector and prove to the approving Board at the time of hearing that:
[1]
Alternative means of mounting the antenna(s)
inhibit reception.
[2]
The height is the minimum height necessary for adequate reception to meet the applicant's primary communications needs as defined in § 285-37A(23) and the aesthetic intrusion has been minimized to the greatest extent practicable pursuant to § 285-37A(20).
[3]
The height, as measured from the undisturbed
grade at the base of the supporting structure, does not exceed 200%
and collocated facilities do not exceed 10 feet plus 200% of the maximum
height for a permitted principal use in the district in which it is
situated, plus four additional feet, not exceeding 125 feet.
[4]
If a residential district is within 350 feet
of the monopole or tower, the maximum elevation of the antenna(s)
installation does not exceed the average elevation of the lot's lot
lines by 200% and collocated facilities do not exceed 10 feet plus
200% of the maximum height for a permitted principal use in the district
in which it is situated, plus four additional feet, not exceeding
125 feet. The average elevation shall be measured along a straight
line from lot line to lot line through the point of installation,
using those points on the lot lines that result in the greatest slope.
[5]
Accessory structure setbacks as modified in § 285-37A(3) are met.
[6]
Appropriate landscaping and security is provided as defined in § 285-37A(13) and § 285-37A(19), respectively.
[7]
The site and/or installation(s) is not nonconforming
and will not become nonconforming or increase in nonconformity by
reason of the installation of antenna(s) and related appurtenances.
(b)
In addition, for new monopole or tower installations, proof acceptable to the Town Attorney must be submitted committing the applicant and his/her successors in interest to provide a written responsive reply within 30 days to any provider requesting collocation information, to negotiate collocation terms in good faith if space is available and to impose no more than reasonable charges for such collocation. Permanent platforms or structures, exclusive of antennas, that, in the opinion of the Antenna Review Board or other approving agency, unnecessarily increase off-site visibility are prohibited. Installation of monopoles or antenna towers by special permit shall also be subject to § 285-37A(9). In addition, antenna towers shall only be permitted if a professional engineer with the qualifications set forth in § 285-37A(16) certifies it is not possible to achieve the provider's communications needs by roof, wall or monopole mounting. In no case shall the use of wired towers be permitted. All towers must be self-supporting without the use of wires, cables, beams or other means.
(11)
Collocation. Collocation shall be permitted
unless the site or installation is nonconforming or if the site or
installation becomes nonconforming or increases in nonconformity due
to the installation of the telecommunications equipment. If permitted,
collocation shall be required unless the personal wireless service
provider submits proof as part of the submitted application acceptable
to the approving agency that reasonable efforts to collocate have
been unsuccessful due to:
(a)
The absence of existing installations in the
area requiring service;
(b)
An inability to use existing sites in a technologically
feasible manner consistent with the personal wireless service provider's
system requirements;
(c)
Structural or other engineering limitations,
such as frequency incompatibilities; or
(d)
An inability to secure permission of the owner(s)
of the existing site(s) and/or antenna(s) facility at reasonable cost
to allow the additional installation.
(12)
Number.
(a)
No more than three antennas shall be permitted
on a single lot. However, up to three antennas shall be permitted
on each principal building used exclusively for nonresidential purposes,
three stories or more, located on a lot in an Office Building (OB)
District, provided that no monopole or antenna tower is situated on
the lot and that there are no more than two macrocells on any building.
(b)
Antennas which are not considered structures pursuant to § 285-5, Subsection A(4) of the definition of "structure," or are exempt from regulation pursuant to § 285-37A(25) shall not be counted unless the antenna(s) are inoperable, no longer used, disconnected or are fixed mounted transmitting antennas.
(c)
A macrocell, consisting of a system of up to three sets of three adjacent base station cellular service antennas, shall constitute one antenna for the purposes of this provision. Except as modified in § 285-37A(3)(i), no more than two macrocells shall be permitted per lot.
(d)
Unless mounted on a high-voltage electric transmission
line tower, each base station cellular service antenna or part thereof
which is more than five feet from the center core of the monopole
or tower shall not be considered part of a macrocell and shall be
counted as one antenna.
(e)
For a high-voltage electric transmission line
tower, part of each base station cellular service antenna must be
situated within two feet of the transmission tower to be considered
part of a macrocell.
(13)
Security. Antenna(s) shall be located, fenced
or otherwise secured in a manner which prevents unauthorized access
by the general public. Specifically:
(a)
All antenna towers, monopoles and other supporting
structures shall be made inaccessible to children and constructed
or shielded in such a manner that they cannot be climbed; the fall
zone of an antenna tower or monopole in case of collapse and proposed
measures to safeguard the public shall be delineated by a professional
engineer specializing in structural engineering. If a fence is provided,
it shall be a minimum of eight feet in height, exclusive of barbed
wire, and shall be colored and camouflaged to blend with the surrounding
areas as determined by the Antenna Review Board pursuant to § 285-37(A)(20).
(b)
Transmitters and control points, other than
those used with in-building radiation systems, must be installed such
that they are readily accessible only to persons authorized by the
licensee to operate or service them;
(c)
Transmitters must be designed and installed
such that any adjustments or controls that could cause the transmitter
to deviate from its authorized operating parameters are readily accessible
only to persons authorized by the licensee to make such adjustments;
(d)
Transmitters (other than hand-carried or pack-carried
mobile transmitters) and control points must be equipped with a means
of indicating when the control circuitry has been put in a condition
that should cause the transmitter to radiate;
(e)
Transmitters must be designed such that they
can be turned off independently of any remote control circuits;
(f)
Transmitters used with in-building radiation
systems must be installed such that, to the extent possible, they
are readily accessible only to persons authorized by the licensee
to access them; and
(g)
Transmitters used with in-building radiation
systems must be designed such that, in the event 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.
(14)
Interference. Notwithstanding anything contained
herein to the contrary, no permit shall be issued for any transmitting
antenna which interferes with the reception or transmission of any
FCC-approved communications device or antenna. If interference does
result from the operation of a transmitting antenna, the owner of
the most recently installed antenna shall immediately eliminate the
interference or cease operation of the facility.
(15)
Alterations. Alteration of existing antenna(s)
which results in an increase in the number, size, height or electromagnetic
emission of the antenna(s) or a change in the elevation of one or
more antenna(s) on a monopole or tower shall be permitted only after
application to the Building Inspector, who shall review the matter
as if the alteration were an entirely new application and thereafter
approve the alteration only if such alteration complies with the as-of-right
conditions set forth in this chapter or forward the complete application
to the appropriate Board for approval.
(16)
Application requirements and certification. All applications for the installation of a communications facility shall be submitted to the Building Inspector and shall include a report containing the information and certifications hereinafter set forth. The report shall be in question-and-answer format in the following order and include the citation and text of each provision followed by a comprehensive responsive answer. All certifications shall be accompanied by the basis for such determinations. The report shall be signed by a New-York-State-licensed professional engineer specializing in electrical engineering with expertise in radiocommunications facilities and, if a monopole or tower is required or the professional engineer is not qualified to certify the structural soundness of the installation, a New-York-State-licensed professional engineer specializing in structural engineering. The Building Inspector shall forward five copies of the nine required applications to the Antenna Review Board, which shall render a decision on the application's conformity with the filing requirements of this section within 30 days, pursuant to the Board's bylaws. If the applicant is making an eligible facilities request (EFR) the requirements and conditions set forth in § 285-37A(27) shall supersede the requirements and conditions in § 285-37A(16). If the applicant is applying for the installation of a small wireless facility, the requirements and conditions set forth in § 285-37A(28) shall supersede the requirements and conditions in § 285-37A(16).
[Amended 5-24-2019 by L.L. No. 2-2019; 6-24-2020 by L.L. No. 6-2020]
(a)
Name(s), address(es) and qualifications of person(s) preparing
the report, and his or her or their signature(s) attesting to the
truth and completeness of the information contained therein.
(b)
Name(s), address(es), and landline and cellular phone numbers
of the property owner, operator and applicant.
(c)
Postal address and sheet, block and lot or parcel number of
the property.
(d)
GIS and XY coordinates showing the location of the proposed
wireless facility.
(e)
Zoning district in which the property is situated.
(f)
A description of all work necessary to construct and install
the proposed wireless facility, including any necessary excavation.
(g)
A listing of all required, existing and proposed setbacks, a
listing of required, existing and proposed parking spaces, unless
roof-mounted, and the maximum height of a permitted principal use
in the zoning district.
(h)
The owner, make, model, manufacturer, number and type of all
existing antenna(s) located on the lot, even if exempt from the provisions
of this chapter.
(i)
If an amateur station, AM/FM broadcast station facility, as-of-right personal wireless service facility or special permit personal wireless service facility, certification that the requirements and conditions set forth in § 285-37A(6), (7), (8) or (9), respectively, have been met.
(j)
If the installation is pursuant to a lease agreement, the duration
and terms of renewal.
(k)
If a new or existing monopole or antenna tower is required to mount the antenna(s), certification that the requirements and conditions set forth in § 285-37A(10) have been met.
(l)
The make, model and manufacturer of the antenna(s).
(m)
The frequency, modulation and class of service of radio-equipment.
(n)
The number, type and design of antenna(s) proposed and the basis
for the calculations of capacity.
(o)
NIER levels.
[1]
Certification that NIER levels at the proposed site, including
those of the proposed modification in conjunction with any existing
facilities at the time of the application, are within threshold levels
adopted by the Federal Communications Commission and that the proposed
site will not produce or contribute to the production of emission
levels exceeding the thresholds listed in Table IV or any subsequent
superseding emission standard adopted by the Federal Communications
Commission, based on the maximum equipment output. Such certification
shall state that it is applicable to the applicant's affiliates, joint
ventures, partners, subsidiaries, successors in interest and assigns.
[2]
Performance specifications and data that identifies the maximum
and minimum amount or level of radio frequency emissions that are
produced by the equipment when it is in operational mode.
[3]
A monitoring plan for the applicant's equipment that will provide
annual statements to the Town verifying that the radio frequency emissions
do not exceed the applicable FCC regulations.
(p)
Certification that the proposed antenna(s) will not cause interference
with the existing communications devices.
(q)
If collocation is not proposed, certification that collocation is not feasible using the criteria in § 285-37A(11).
(r)
Proposals for the coloring, camouflaging and/or shielding to be installed to blend the installation with the surrounding areas to the greatest extent possible without unreasonably inhibiting the effectiveness of the installation in compliance with the aesthetic considerations in § 285-37A(20). The applicant shall supply samples of the materials and colors proposed to be utilized, as well as a description of the mitigation to be employed.
(s)
All wireless facilities shall post a stainless steel or aluminum
plate sign in a readily visible location identifying the owner's most
recent permit number and the date of issuance of such permit and the
name and phone number of a party to contact in the event of an emergency.
The only other signage permitted shall be that required by the FCC
or any other federal or state agency. All signage associated with
a wireless facility shall be approved by the Antenna Review Board.
Required signage shall be mounted no higher than five feet above ground
level.
(t)
(u)
An as-built survey of the subject property showing the size
of the property and the location of all lot lines and setbacks as
well as the location of all structures on the property which is the
subject of the application.
(v)
A plan illustrating the approximate location, size, elevation
and height of all proposed and existing antennas and all appurtenant
structures. The plan shall include a description of the antenna(s)
and all related fixtures, structures, appurtenances and apparatuses,
including height above undisturbed grade, elevation above grade and
sea level, materials, color, signage and lighting. The name of the
owner and operator of each antenna shall be delineated on the plan.
(w)
Transmission and maximum effective radiated power of the antenna(s)
illustrated on the plan.
(x)
Direction of maximum lobes and associated radiation of the antenna(s)
illustrated on the plan.
(y)
A noise profile of the proposed equipment clearly showing compliance with the applicable requirements of Chapter 380 of the Code of the Town of Greenburgh.
(z)
A proposed schedule for installation and completion of the wireless
facility proposed, should the application be approved.
(aa)
A plan illustrating the type, size, elevation and location of
all proposed and existing mitigating landscaping.
(bb)
Elevation drawings depicting the front, side and rear of the
property and illustrating the proposed antenna, mounting device and
structure, if any, on which the antenna(s) is mounted.
(cc)
A map depicting and listing (by address and property owner)
all existing sites in the Town and bordering communities containing
transmitting antenna(s) used by the operator, owner or applicant.
The map shall also show each antenna's coverage range. Overlapping
areas of coverage shall be indicated by different colors or hatch
lines. A transparency at the same scale showing coverage that would
be provided with the proposed facility shall be provided along with
a table of the raw data collected and used to create the proposed
facility's coverage map overlay. The applicant shall also supply a
written statement as to where and how the facility or antenna will
provide coverage to an area of the unincorporated area of the Town.
(dd)
A map depicting all proposed sites or areas needed to complete
the applicant's coverage grid in the Town of Greenburgh and surrounding
communities.
(ee)
For monopoles and antenna towers, proof, acceptable to the Town Attorney, committing the property owner and his/her successors in interest to a lien on the property for all costs related to removal should the Town be required to enforce § 285-37A(22). In the alternative, the applicant shall be permitted to post a bond, acceptable to the Town Attorney, for the cost of such removal.
(ff)
Permits issued for wireless facilities shall be valid for a
period of five years. Permits are subject to renewal at the end of
the five-year period for a successive five-year term so long as the
installation complies with the applicable provisions of the Code of
the Town of Greenburgh in force at the time of renewal. No additional
fees shall be required for the renewal of such permits.
(gg)
Certificates of insurance showing the following coverages:
[1]
Property insurance for property's replacement cost
against all risks;
[2]
Workers' compensation insurance within statutory
limits as required by law; and
[3]
Commercial general liability insurance with respect
to the applicant's activities, including coverage for bodily injury
and property damage, with limits not less than: $5,000,000 for bodily
injury or death to each person; $5,000,000 for property damage resulting
from any one accident; and $5,000,000 for all other types of liability.
The applicant shall include the Town as an additional insured on the
commercial general liability policy and shall provide certificates
of insurance and proof of inclusion of the Town in a commercial general
liability policy to the Town prior to the installation of any communications
facility. Such insurance policies shall apply to all persons or entities
that will utilize the proposed communications facility.
(17)
Operational certification. Within 45 days of initial operation or modification of a communications facility, the owner or operator shall submit to the Building Inspector a written certification by a professional engineer with the qualifications set forth in § 285-37A(16) that the operating facility is in compliance with the application submitted, any conditions imposed and all other provisions of this chapter in order to continue operations past the forty-five-day period. The Town may confirm and periodically reconfirm compliance as necessary to ensure that the provisions of this chapter, including NIER level thresholds, are in compliance, and, if found not to be in compliance, the facility shall not be permitted.
(18)
Signs. Transmitting antenna and transmitting
satellite dish antenna shall be signed with a stainless steel or aluminum
plate sign no larger than two square feet in a readily visible location
to provide adequate notification to persons in the immediate area
of the presence of an antenna that has transmit capabilities. The
sign shall also contain the owner's most recent permit number and
the date of issuance of such permit, the name(s) of the owner(s) and
operator(s) of the antenna(s) as well as emergency phone number(s).
In addition, if mounted on a roof, any door having access to the roof
shall be similarly signed. If a fence is required around the antenna
support structure to prevent unauthorized access, the entrance to
the enclosure shall be signed. No other signage, including advertising,
shall be permitted on any antenna(s), antenna(s) supporting structure,
monopole or antenna tower unless required by federal or state regulation.
Any graffiti on such structures shall be removed within 48 hours.
[Amended 6-24-2020 by L.L. No. 6-2020]
(19)
Landscaping. All freestanding antenna installations
shall provide landscaping acceptable to the Commissioner of Community
Development and Conservation as follows:
(a)
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. An existing natural vegetative
buffer which meets or exceeds the above requirements may be substituted
or enhanced for said requirements.
(b)
Any antenna facility requiring an antenna tower,
monopole or accessory building shall be screened with trees of a minimum
height of 15 feet at planting and at a density that will, over time,
reduce the visual impact from the structure.
(c)
When a security fence is required under § 285-37A(13), the outside of such fencing shall be screened with evergreen shrubs, trees or climbing evergreen material on the fencing.
(20)
Color and lighting standards. Except as specifically
required by the Federal Aviation Administration or the Federal Communications
Commission, all antennas, including the supporting structure and all
related appurtenances, shall:
(a)
Be colored, camouflaged and/or shielded, using
the most advanced techniques available, to blend with surrounding
areas as much practicable, as determined by the Antenna Review Board
on as-of-right applications and the approving board on special permit
and variance applications, provided that such coloring, camouflage
or shielding does not unreasonably inhibit their effectiveness; and
(b)
Not be illuminated, except buildings may use
lighting required by the New York State Building Code or when required
for security reasons pertaining directly to the security of the particular
communications facility. When lighting is used, it shall be shielded
to prevent undue impact on the surrounding neighborhood.
(21)
Registration. The Building Department shall
maintain a list of the names and addresses of all operators and the
type and maximum emissions of all communications facilities and all
other antenna(s) requiring a special permit or variance and a list
of all schools, child day-care centers, camps, public parks and playground
areas. If the name or address of the owner or operator of any communications
facility is changed, the Building Department shall be notified of
the change by the operator within 30 days.
(22)
Removal. Any antenna(s) or personal wireless
service facility, including the supporting structure and related appurtenances,
or part thereof, not used for a period of 12 months must be removed
by the owner of the property or the operator of the antenna(s) or
personal wireless service facility. Exception to this section shall
be made if the property owner continues to make a good-faith attempt
to sell or lease the property, as certified in writing by a local
real estate broker who is a member in good standing with a local multiple
listing service under contract with an exclusive right to sell or
exclusive right to lease, when such exception is requested in writing
to the Building Inspector. If the operator's primary communication
needs can be met at a lower height, the antenna(s) shall be mounted
at such height and the additional height of the supporting structure
reduced accordingly if collocation has not been achieved within 12
months.
(23)
Primary communication needs. Notwithstanding the provisions in § 285-37A(22), as proof that the height of a monopole or tower is the minimum height necessary to meet the applicant's primary communication needs, for at least 18 months after the installation of the monopole or tower, the applicant shall maintain its antenna(s) at the highest elevation of the monopole or tower or remove the section above its antenna(s) within 30 days. All monopoles and towers shall be of such design that such height reduction can be readily achieved.
(24)
Existing installations. The operator of any communications facility existing at the time that this section takes effect shall be permitted to remain in operation, provided that the operator submits proof, within six months of the enactment of this section, that a valid building permit was issued for the facility and that the facility complies with the emission standards adopted by the Federal Communications Commission, as certified by a professional engineer with the qualifications set forth in § 285-37A(16). Legal nonconforming antenna(s) shall be permitted to remain until such time as the antenna(s) is altered as defined in § 285-37A(15) increasing the nonconformity. Any facility for which emission and security compliance documentation is not received shall cease operation within six months of the enactment of this section and be immediately removed thereafter.
(25)
Exemptions. The following devices and sources of nonionizing electromagnetic radiation are exempt from the provisions of § 285-37 and shall be permitted in all zones:
(a)
Machines and equipment designed and marketed
as consumer products, such as walkie-talkies, remote control toys
and cellular telephones;
(b)
Hand-held, mobile, marine and portable radiocommunication
transmitters and/or receivers;
(c)
Two-way radio utilized for emergency service
communications;
(d)
Two-way radio utilized for governmental service
communications;
(e)
Maintenance or repair of a conforming or legal
nonconforming antenna, provided that such action is in compliance
with this section; and
(f)
Backup wireless transmitters connected to an
alarm-monitoring service that transmits to a remote monitoring center
in the event of an emergency when the telephone lines are inoperable.
(26)
Costs of technical consultant. For communications
facility applications requiring a special permit or variance, the
applicant shall deposit, at the time of application, $5,000 in an
escrow account maintained by the Town for such funds, to be used by
the approving board, upon majority vote, for professional services
deemed necessary to assist in the review and evaluation of the application,
including but not limited to review of land use, site plan, legal,
technical, scientific and aesthetic issues. If at any time during
the review process the balance falls below $2,000, the Town shall
so notify the applicant and the applicant shall be required to replenish
the account with sufficient funds to bring the account balance to
$5,000 before any further action or consideration is taken on the
application. Any unused funds from the escrow account shall be returned
to the applicant within 30 days of the final decision required for
issuance of a building permit.
(27)
Application requirements and certification. All applications
for the installation of an eligible facilities request (EFR) communications
facility pursuant to 47 CFR 1.6100 shall be submitted to the Building
Inspector and shall include a report containing the information and
certifications hereinafter set forth. All certifications shall be
accompanied by the basis for such determinations. The report shall
be signed by a New-York-State-licensed professional engineer specializing
in electrical engineering with expertise in radiocommunications facilities
and, if a monopole or tower is required or the professional engineer
is not qualified to certify the structural soundness of the installation,
a New-York-State-licensed professional engineer specializing in structural
engineering. The applicant shall also obtain a street opening permit
and/or ROW permit, as necessary, from the Public Works Code Enforcement
Officer. The Building Inspector shall forward five copies of the nine
required applications to the Antenna Review Board, which shall render
a decision within 60 days of receipt of the initial application on
the application's conformity with the filing requirements of this
section pursuant to the requirements of 47 CFR 1.6100. If the application
is deemed to be incomplete, the Antenna Review Board shall notify
the applicant within 30 days of receipt of the initial application
in writing of all missing documents or information needed to complete
the application. The applicant shall then submit to the Antenna Review
Board the supplemental information required to complete the application.
The sixty-day time frame for action by the Town shall toll upon the
initial notification of incompleteness. If the application is deemed
to remain incomplete following the submission of the requested supplemental
information, such that the Antenna Review Board is unable to determine
the application's conformity with the filing requirements of this
section pursuant to the requirements of 47 CFR 1.6100, the application
shall be denied by the Town, and the applicant shall be required to
resubmit a complete application in accordance with the requirements
herein. The report shall be in question-and-answer format in the following
order and include the citation and text of each provision followed
by a comprehensive responsive answer:
[Added 5-24-2019 by L.L.
No. 2-2019; amended 6-24-2020 by L.L. No. 6-2020]
(a)
Name(s), address(es) and qualifications of person(s) preparing
the report, and his or her or their signature(s) attesting to the
truth and completeness of the information contained therein.
(b)
Name(s), address(es), and landline and cellular phone numbers
of the property owner, operator and applicant.
(c)
Postal address and street, block and lot or parcel number of
the property.
(d)
GIS and XY coordinates showing the location of the wireless
facility.
(e)
Zoning district in which the property is situated.
(f)
If the installation is pursuant to a lease agreement, confirmation
from the lessor that the lessee is authorized to utilize the property.
(g)
A description of all work necessary to complete, including construct
and install, the proposed modification, including any necessary excavation.
(h)
Provide a copy of the certificate of completion issued by the
Town of Greenburgh for the support structure of the existing antenna(s).
For a utility pole in the right-of-way, provide the pole owner's name
and address as well as the identification number for the pole.
(i)
If the wireless facility being modified will provide service
to another wireless service provider, a signed agreement or other
documentation clearly showing the wireless service provider on behalf
of which the wireless facility will be providing service. If the applicant
agrees to provide service to additional wireless services providers
during the course of operation of the wireless facility, the applicant
shall provide notice to the Town along with a signed agreement or
other documentation clearly showing the wireless service provider(s)
on behalf of which the small wireless service facility will be providing
service.
(j)
Certification the support structure is capable of safely handling
the additional antenna(s)/equipment to be added.
(k)
The make, model and manufacturer of the antenna(s).
(l)
The frequency, modulation and class of service of radio equipment.
(m)
The number, type and design of antenna(s) proposed.
(n)
NIER levels.
[1]
Certification that NIER levels at the proposed site, including
those of the proposed modification in conjunction with any existing
facilities at the time of the application, are within threshold levels
adopted by the Federal Communications Commission and that the proposed
site will not produce or contribute to the production of emission
levels exceeding the thresholds listed in Table IV or any subsequent
superseding emission standard adopted by the Federal Communications
Commission, based on the maximum equipment output. Such certification
shall state that it is applicable to the applicant's affiliates, joint
ventures, partners, subsidiaries, successors in interest and assigns.
[2]
Performance specifications and data that identifies the maximum
and minimum amount or level of radio frequency emissions that are
produced by the equipment when it is in operational mode.
[3]
A monitoring plan for the applicant's equipment that will provide
annual statements to the Town verifying that the radio frequency emissions
do not exceed the applicable FCC regulations.
(o)
Certification that the proposed antenna(s) will not cause interference
with the existing communications devices.
(p)
A noise profile of the proposed equipment clearly showing compliance with the applicable requirements of Chapter 380 of the Code of the Town of Greenburgh.
(q)
A proposed schedule for installation and completion of the modification
proposed, should the application be approved.
(r)
If the existing facility utilizes concealment elements, documentation
showing that the proposed modification will be designed in accordance
with the existing concealment elements and the proposed installation
will not defeat said concealment elements.
(s)
A plan illustrating the approximate location, size, elevation
and height of all proposed and existing antennas and all appurtenant
structures in order to determine the dimensional change(s) to the
eligible support structure as a result of the proposed modification.
The plan shall include a description of the antenna(s) and all related
fixtures, structures, appurtenances and apparatuses, including height
above undisturbed grade, elevation above grade and sea level, materials,
color, signage and lighting. The name of the owner and operator of
each antenna shall be delineated on the plan. Elevation measurements
shall not be required for utility poles in public rights-of-way.
(t)
AAll wireless facilities shall post a stainless steel or aluminum
plate sign in a readily visible location identifying the owner's most
recent permit number and the date of issuance of such permit and the
name and phone number of a party to contact in the event of an emergency.
The only other signage permitted shall be that required by the FCC
or any other federal or state agency. All signage associated with
a wireless facility shall be approved by the Antenna Review Board.
Required signage shall be mounted no higher than five feet above ground
level.
(u)
Permits issued for wireless facilities shall be valid for a
period of five years. Permits are subject to renewal at the end of
the five-year period for a successive five-year term so long as the
installation complies with the applicable provisions of the Code of
the Town of Greenburgh in force at the time of renewal. No additional
fees shall be required for the renewal of such permits.
(v)
Certificates of insurance showing the following coverages:
[1]
Property insurance for property's replacement cost against all
risks;
[2]
Workers' compensation insurance within statutory limits as required
by law; and
[3]
Commercial general liability insurance with respect to the applicant's
activities, including coverage for bodily injury and property damage,
with limits not less than: $5,000,000 for bodily injury or death to
each person; $5,000,000 for property damage resulting from any one
accident; and $5,000,000 for all other types of liability. The applicant
shall include the Town as an additional insured on the commercial
general liability policy and shall provide certificates of insurance
and proof of inclusion of the Town in a commercial general liability
policy to the Town prior to the installation of any communications
facility.
(28)
Small wireless facilities. All applications for the installation
of a small wireless facility shall be submitted to the Building Inspector
and shall include a report containing the information and certifications
hereinafter set forth. All certifications shall be accompanied by
the basis for such determinations. The report shall be signed by a
New-York-State-licensed professional engineer specializing in electrical
engineering with expertise in radiocommunications facilities and,
if a new utility pole is required or the professional engineer is
not qualified to certify the structural soundness of the installation,
a New-York-State-licensed professional engineer specializing in structural
engineering. The applicant shall also obtain a street opening permit
and/or ROW permit, as necessary, from the Public Works Code Enforcement
Officer. Multiple applications for collocation of a small wireless
facility on the same utility pole or other wireless support structure
shall be processed based on a first fully complete application, first-served
basis. The Building Inspector shall forward five copies of the nine
required applications to the Antenna Review Board, which shall render
a decision regarding the application's completeness within the applicable
timeframe: 1) 60 days of receipt of the initial application if the
small wireless facility is proposed for collocation on an existing
structure or 2) 90 days of receipt of the initial application if the
proposed small wireless facility requires the installation of a new
utility pole. If the application is deemed to be incomplete, the Antenna
Review Board shall notify the applicant within 10 days of receipt
of the initial application in writing of all missing documents or
information needed to complete the application. The applicant shall
then submit to the Antenna Review Board the supplemental information
required to complete the application. The applicable time frame for
action by the Town shall toll upon the initial notification of incompleteness.
If the application is deemed to remain incomplete following the submission
of the requested supplemental information, the application shall be
denied by the Town and the applicant shall be required to resubmit
a complete application in accordance with the requirements herein.
The report shall be in question-and-answer format in the following
order and include the citation and text of each provision followed
by a comprehensive responsive answer:
[Added 6-24-2020 by L.L.
No. 6-2020]
(a)
Name(s), address(es) and qualifications of person(s) preparing
the report, and his or her or their signature(s) attesting to the
truth and completeness of the information contained therein.
(b)
Name(s), address(es), and landline and cellular phone numbers
of the property owner, operator and applicant.
(c)
Postal address and sheet, block and lot or parcel number of
the property, if applicable.
(d)
GIS and XY coordinates showing the location of the proposed
small wireless facility.
(e)
Zoning district in which the property is situated.
(f)
If the proposed small wireless facility will be collocated on
an existing utility pole in the right-of-way, provide the pole owner's
name and address as well as the identification number for the pole.
The applicant shall also provide proof that the owner of the utility
pole has agreed to permit the proposed collocation.
(g)
A description of all work necessary to construct and install
the proposed small wireless facility, including any necessary excavation.
(h)
If the installation is pursuant to a lease agreement, confirmation
from the lessor that the lessee is authorized to utilize the property.
(i)
Certification the support structure is capable of safely handling
the additional antenna(s)/equipment to be added.
(j)
The make, model and manufacturer of the antenna(s).
(k)
A description and depiction of all fiber optic cable that will
be installed along with the proposed small wireless facility and any
existing base station or other equipment or structure to which such
facility will connect.
(l)
If a new utility pole is required to mount the antenna(s), certification that the requirements and conditions set forth in § 285-37A(10) have been met.
(m)
If the small wireless facility being installed will provide
service to another wireless service provider, a signed agreement or
other documentation clearly showing the wireless service provider
on behalf of which the small wireless facility will be providing service.
If the applicant agrees to provide service to additional wireless
services providers during the course of operation of the small wireless
facility, the applicant shall provide notice to the Town along with
a signed agreement or other documentation clearly showing the wireless
service provider(s) on behalf of which the small wireless service
facility will be providing service.
(n)
The frequency, modulation and class of service of radio-equipment.
(o)
The number, type and design of antenna(s) proposed.
(p)
NIER levels.
[1]
Certification that NIER levels at the proposed site, including
those of the proposed modification in conjunction with any existing
facilities at the time of the application, are within threshold levels
adopted by the Federal Communications Commission and that the proposed
site will not produce or contribute to the production of emission
levels exceeding the thresholds listed in Table IV or any subsequent
superseding emission standard adopted by the Federal Communications
Commission, based on the maximum equipment output. Such certification
shall state that it is applicable to the applicant's affiliates, joint
ventures, partners, subsidiaries, successors in interest and assigns.
[2]
A monitoring plan for the applicant's equipment that will provide
annual statements to the Town verifying that the radio frequency emissions
do not exceed the applicable FCC regulations.
(q)
Certification that the proposed antenna(s) will not cause interference
with the existing communications devices.
(r)
If collocation on an existing structure is not proposed, certification that collocation is not feasible using the criteria in § 285-37A(11).
(s)
Proof of compliance with all applicable design requirements for small wireless facilities set forth in § 285-37A(29).
(u)
A plan illustrating the approximate location, size, elevation and height of all proposed and existing antennas and all appurtenant structures. The plan shall include a description of the antenna(s) and all related fixtures, structures, appurtenances and apparatuses, including height above undisturbed grade, elevation above grade and sea level, materials, color, signage and lighting. The plan shall also clearly show that the proposed antenna(s) and equipment meet the dimensional requirements of a small wireless facility as defined by § 285-5. The name of the owner and operator of each antenna shall be delineated on the plan.
(v)
A map showing all existing facilities owned or operated by the
applicant and the wireless provider(s) by which the small wireless
facility will be utilized in the Town of Greenburgh.
(w)
Transmission and maximum effective radiated power of the antenna(s)
illustrated on the plan.
(x)
Direction of maximum lobes and associated radiation of the antenna(s)
illustrated on the plan.
(y)
A noise profile of the proposed equipment clearly showing compliance with the applicable requirements of Chapter 380 of the Code of the Town of Greenburgh.
(z)
A proposed schedule for installation and completion of the small
wireless facility proposed, should the application be approved.
(aa)
An emergency contingency plan which shall specify the nature
of any potential emergencies, including, without limitation, construction
and hazardous materials emergencies, and the intended response by
the applicant. The intended response shall include notification to
the Town and shall promote protection of the safety and convenience
of the public.
(bb)
Certificates of insurance showing the following coverages:
[1]
Property insurance for property's replacement cost
against all risks;
[2]
Workers' compensation insurance within statutory
limits as required by law; and
[3]
Commercial general liability insurance with respect
to the applicant's activities, including coverage for bodily injury
and property damage, with limits not less than: $5,000,000 for bodily
injury or death to each person; $5,000,000 for property damage resulting
from any one accident; and $5,000,000 for all other types of liability.
The applicant shall include the Town as an additional insured on the
commercial general liability policy and shall provide certificates
of insurance and proof of inclusion of the Town in a commercial general
liability policy to the Town prior to the installation of any small
wireless facility. Such insurance policies shall apply to all persons
or entities that will utilize the proposed small wireless facility.
(cc)
Permits issued for small wireless facilities shall be valid
for a period of five years. Permits are subject to renewal at the
end of the five-year period for a successive five-year term so long
as the installation complies with the applicable provisions of the
Code of the Town of Greenburgh in force at the time of renewal. No
additional fees shall be required for the renewal of such permits.
(dd)
A small wireless facility that is not operated for a continuous
period of six months shall be considered abandoned and the owner of
the facility shall remove the small wireless facility within 90 days
after receipt of written notice from the Town notifying it of the
abandonment. The notice shall be sent to the owner of the facility
and the owner of the utility pole by certified or registered mail,
return receipt requested, by the Town to the owner at its last known
address. If the small wireless facility is not removed within 90 days
after receipt of such notice, such wireless facility shall be deemed
to be a nuisance and the Town may remove or cause the removal of such
facility, and recover or place a lien for its costs, pursuant to the
terms of its pole attachment or other agreement for Town utility poles
or through the procedures for abatement of nuisances set forth in
this Code.
(ee)
In the event the Town suspects that the wireless provider is
no longer using the small wireless facilities to provide wireless
service, it may send the wireless provider written notice that requires
the wireless provider to remove the small wireless facility or provide
proof that the small wireless facility is operational and still being
used within 30 days.
(ff)
Each entity that owns or operates a small wireless facility
shall, at its sole cost and expense, execute an agreement to indemnify,
defend and hold harmless the Town, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the Town, its officers, agents, employees or contractors arising out
of, but not limited to, the construction, installation, operation,
maintenance or removal of the small wireless facility. Each entity
that owns or operates a small wireless facility shall defend any actions
or proceedings against the Town in which it is claimed that personal
injury, including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a small wireless
facility. The obligation to indemnify, hold harmless and defend shall
include, but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(gg)
In the event that use of a small wireless facility is planned
to be discontinued, the owner shall provide written notice to the
Town of its intent to discontinue use and the date when the use shall
be discontinued. Unused or abandoned small wireless facilities or
portions of small wireless facilities shall be removed within 90 days
of the cessation of operations at the site unless a time extension
is approved by the Town. If the small wireless facility and/or accessory
equipment is not removed within 90 days of the cessation of operations
at a site, or within any longer period approved by the Town, the small
wireless facility and accessory equipment may be removed by the Town
and the cost of removal assessed against the owner of the small wireless
facility.
(hh)
Historic buildings. No small wireless facility may be located
within 100 feet of any property, or on a building or structure that
is listed on the National Register of Historic Places, or eligible
to be so listed, or located within an historic district.
(29)
Design requirements for small wireless facilities. All small
wireless facilities in the Town of Greenburgh shall be designed and
maintained to comply with the following design requirements:
[Added 6-24-2020 by L.L.
No. 6-2020]
(a)
No communications facility that does not meet the definition
of a small wireless facility shall be permitted to be collocated on
a utility pole.
(b)
No small wireless facility shall be permitted in the area of
the public right-of-way directly in front of any residential building,
identified by drawing a perpendicular line from each corner of the
structure to the public right-of-way.
(c)
A wireless provider shall maintain all small wireless facilities
installed within the Town in a condition that maintains the safety,
integrity and aesthetics of such facilities. Small wireless facilities
shall not appear to be unkempt. In the event of a failure to properly
maintain such facilities, the Town shall notify the wireless provider,
in writing, who shall have 30 days to correct the identified maintenance
violation. If not corrected within such period, the Town reserves
the right to take such action as it deems necessary, including revocation
of the permit. Maintenance and replacement of small wireless facilities
shall be performed by the wireless provider at the wireless provider's
sole cost and expense.
(d)
All small wireless facilities shall comply with the Americans with Disabilities Act guidelines adopted by the Town and all applicable requirements relating to streets and sidewalks as established by Chapter 430 of the Code of the Town of Greenburgh.
(e)
Utility poles shall not obstruct vehicular, pedestrian, or cyclist
traffic or sight lines.
(f)
All small wireless facilities shall comply with applicable federal
and state standards regarding pedestrian access and movement.
(g)
No small wireless facility shall be permitted on an existing
decorative pole unless the applicant provides documentation showing
that such decorative pole is the only technically feasible location
for placement and that no suitable alternative sites exist.
(h)
No small wireless facilities shall extend beyond the boundaries
of the rights-of-way or in any way protrude into the street.
(i)
No small wireless facilities or accessory equipment shall protrude
into the street or otherwise interfere with vehicular traffic.
(j)
All small wireless facilities shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or to the industry
standard or local code applicable to the structure.
(k)
Antenna standards.
[1]
Any antenna associated with a small wireless facility shall
not exceed three cubic feet in volume.
[2]
All antennas mounted atop a utility pole shall be flush-mounted
as closely to the top of the utility pole as technically feasible.
[3]
All antennas shall be of a design, style, and color that matches
the utility pole or other structure upon which they are attached.
[4]
Any necessary pole-top extension shall be of the minimum height
necessary to achieve separation from the existing non-wireless pole
attachments, including but not limited to electric, communications,
and other public utility uses. In no cases shall such pole-top extensions
exceed three feet in height.
[5]
Any antenna mounted on a lateral standoff bracket shall protrude
no more than necessary to meet required NESC clearances from existing
infrastructure attached to the utility pole. In no cases shall such
lateral standoff brackets protrude more than 20 inches from the utility
pole.
[6]
If mounted on an existing structure, no antenna shall impair
the primary function of the existing structure.
[7]
Antenna placement shall not impair light, air, or views from
adjacent windows. All antennas mounted on a lateral standoff bracket
shall be placed facing away from adjacent windows and the primary
pattern of pedestrian and vehicular traffic.
(l)
Accessory equipment standards.
[1]
Accessory equipment shall not exceed 28 cubic feet in volume.
Equipment utilized solely for the minimization or mitigation of the
aesthetic impact of the small wireless facility shall not be included
in the accessory equipment volume calculation.
[2]
All accessory equipment shall be mounted flush to the side of
the utility pole.
[3]
Accessory equipment shall be mounted so as to provide a minimum
of 12 feet vertical clearance from ground level.
[4]
Accessory equipment shall be of a color that matches the utility
pole or other structure upon which such accessory equipment is mounted.
[5]
All accessory equipment shall be contained within a single equipment
shroud or cabinet. Such equipment shroud or cabinet shall be of the
smallest dimensions technically feasible.
[6]
All small wireless facilities shall post a stainless steel or
aluminum plate sign in a readily visible location identifying the
owner's most recent permit number and the date of issuance of such
permit and the name and phone number of a party to contact in the
event of an emergency. The only other signage permitted shall be that
required by the FCC or any other federal or state agency. All signage
associated with a small wireless facility shall be approved by the
Antenna Review Board. Required signage shall be mounted on the pole
no higher than five feet above ground level.
[7]
Accessory equipment placement shall not impair light, air, or
views from adjacent windows. All accessory equipment shall be placed
facing away from adjacent windows and the primary pattern of pedestrian
and vehicular traffic.
[8]
No accessory equipment shall feature any lighting, including
flashing indicator lights, unless required by state or federal law.
[9]
Exposed wiring is prohibited on any small wireless facility,
accessory equipment, or accessory equipment enclosure. Transmission,
fiber, power cables and any other wiring shall be contained within
any utility pole for which such concealment is technically feasible.
If wiring cannot be contained within the utility pole, all wiring
shall be contained within conduit or U-guard that is flush-mounted
to the utility pole.
[10]
All wiring shall be installed without excessive
slack or extra cable storage on the utility pole.
[11]
Loops of extra wiring shall not be attached to
any utility pole.
[12]
Any conduit or U-guard shall be of a color that
matches the utility pole to which the small wireless facility is attached.
(m)
Replacement utility poles.
[1]
The maximum height of any proposed replacement utility pole
shall be: 1) no more than 10% taller than the tallest existing utility
pole in the public rights-of-way within a 250-foot radius of the proposed
small wireless facility; or 2) 50 feet above ground level, whichever
is greater.
[2]
Any replacement utility pole shall be of comparable materials
and design to the existing utility pole being replaced.
[3]
Any replacement utility pole shall be placed within a five-foot
radius of the existing utility pole being replaced.
[4]
Any replacement utility pole shall be designed to accommodate
all uses that existed on the utility pole being replaced. As part
of an application for a small wireless facility, the applicant shall
provide documentation from a structural engineer licensed in the State
of New York confirming that the replacement utility pole, small wireless
facility, and prior existing uses shall be structurally sound.
[5]
Any replacement utility pole shall not deviate from the predominant
pattern of existing adjacent structures.
(n)
New utility poles.
[1]
The maximum height of any new utility pole shall be: 1) no more
than 10% taller than the tallest existing utility pole in the public
rights of-way within a 250-foot radius of the proposed small wireless
facility; or 2) 50 feet above ground level, whichever is greater.
[2]
Any new utility pole shall be installed in accordance with the
predominant pattern of existing adjacent structures.
[3]
To the extent technically feasible, no new utility pole shall
be installed:
[a]
In the area of the public right-of-way directly
in front of any commercial or residential building, identified by
drawing a perpendicular line from each corner of the structure to
the public right of-way;
[b]
Directly in front of a window of any residential
structure;
[c]
Within 10 feet of the edge of any driveway;
[d]
In the public rights-of-way directly opposite any
driveway; or
[e]
In violation of the design standards contained
herein.
[4]
Decorative poles:
[a]
Decorative poles shall be required:
[i]
For the replacement of any existing decorative
pole; and
[ii]
In any subdivision or area where no utility poles
are permitted and all utilities are required to be placed underground
on a non-discriminatory basis.
[iii]
For any replacement decorative pole, the new
decorative pole shall match the existing decorative pole in shape,
design, color, and material.
[Added 8-11-2021 by L.L.
No. 5-2021]
A.
Applicability.
(1)
The requirements of this section shall apply to all Battery
Energy Storage Systems permitted, installed, or modified in the Town
of Greenburgh after the effective date of this section, excluding
general maintenance and repair.
(2)
Battery Energy Storage Systems constructed or installed prior
to the effective date of this section shall not be required to meet
the requirements of this section.
(3)
Modifications to, retrofits or replacements of an existing Battery
Energy Storage System that increase the total Battery Energy Storage
System designed discharge duration, power rating or storage capacity
shall be subject to this section.
B.
General requirements.
(1)
A building permit and an electrical permit shall be required
for installation of all Battery Energy Storage Systems.
(2)
Issuance of permits and approvals shall include review pursuant
to the State Environmental Quality Review Act, as applicable.
(3)
All Battery Energy Storage Systems, all Dedicated-Use Buildings,
and all other buildings or structures that contain or are otherwise
associated with a Battery Energy Storage System shall be designed,
erected, and installed in accordance with all applicable provisions
of the Uniform Code, all applicable provisions of the Energy Code,
NFPA 855: Standard for the Installation of Stationary Energy Storage
Systems, and all applicable provisions of the codes, regulations,
and industry standards as referenced in the Uniform Code, the Energy
Code, and the Code of the Town of Greenburgh.
(4)
All approved sites and buildings must be demarcated with a weatherproof
decal, sticker or sign to uniformly identify the presence of a Battery
Energy Storage System. The weatherproof decal or sticker should be
placed on the electric meter, on the main electrical switch panel
and by the front entry door and be consistent with the requirements
of the Uniform Code Section 1206.11.8.
(5)
Pursuant to NFPA 855 Annex B, Section B.4 - Hazard Considerations
Under Emergency/Abnormal Conditions, NFPA 704 placarding in connection
with all Battery Energy Storage Systems and signage in compliance
with ANSI Z535 should be outside the access gate or facility door
and of an appropriate size and material. As required by the National
Electric Code (NEC), disconnect and other emergency shutoff information
shall be clearly displayed on a light reflective surface. A clearly
visible warning sign concerning voltage shall be placed at the base
of all pad-mounted transformers and applicable related infrastructure.
A placard with the following should also be provided:
C.
Permitting Requirements for Tier 1 Battery Energy Storage Systems.
(1)
One Tier 1 Battery Energy Storage System on a Participating
Property shall be a permitted use in all zoning districts, subject
to the Uniform Code and the issuance of a building permit and all
applicable rules and regulations, and exempt from site plan review.
Tier 1 Battery Energy Storage Systems shall not be permitted within
individual residential units within multifamily buildings.
(2)
Notification shall be given to the applicable Fire District
or Fire Protection District, including adjacent Fire Districts and/or
Fire Protection Districts that provide mutual aid, regarding applications,
approved permits/inspection information. The information provided
shall include the 24 by seven by 365 access or contact information
of the manufacturer and installer of the Battery Energy Storage System
and an Emergency Operations Plan.
D.
Permitting Requirements for Tier 2 Battery Energy Storage Systems.
(1)
One Tier 2 Battery Energy Storage System is a permitted use
on a Participating Property through the issuance of a special use
permit and site plan approval by the Planning Board within the One-Family
Residence, CA, CB, DS, GI, IB, LI, LOB, OB, OB-1, PD, PED, and UR
(Neighborhood Shopping/Planned Commercial) Zoning Districts, and shall
be subject to the Uniform Code, provided that the Battery Energy Storage
System is intended, configured and installed for on-site use. Applications
for the installation of Tier 2 Battery Energy Storage System shall
be in conformance with the standards and requirements set forth below:
(a)
In accordance with § 285-57B(1), Site Plan Applications for a Battery Energy Storage System shall include a Presubmission Conference, with an additional requirement that the applicable Fire District/Fire Protection District be invited to participate in such Conference.
(b)
Applications shall be referred to the Building Inspector, Town Engineer, applicable Fire District/Fire Protection District (including adjacent Fire District and/or Fire Protection Districts that provide mutual aid) in accordance with § 285-37.1D(1)(e), Conservation Advisory Council (for Tier 2 proposed in One-Family Residential, and all Tier 3), and any other local, state, county, regional and federal agencies having jurisdiction/interest, for review. An application shall be complete and distributed to the Planning Board for review when it addresses all matters listed in this section. Applicants shall be advised within 20 business days after filing of the completeness of their application or any deficiencies that must be addressed prior to substantive review. Any independent technical consultant/peer review that the Town, in its discretion, deems necessary or appropriate for a thorough review of the application shall be funded by the Applicant as part of an escrow account.
(c)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town of Greenburgh shall
have a notice printed in a newspaper of general circulation in the
Town of Greenburgh at least 10 days in advance of such hearing. Applicants
shall have delivered the notice by first-class mail to adjoining landowners
or landowners within 500 feet of the property at least 10 days prior
to such a hearing. Proof of mailing shall be provided to the Commissioner
of the Department of Community Development and Conservation. Upon
closing of the public hearing, the Planning Board shall take action
on the application within 62 days of the public hearing, which can
include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Planning Board and
Applicant.
(d)
Referral to the Westchester County Planning Department pursuant
to General Municipal Law § 239-m, if required.
(e)
The Commissioner of the Department of Community Development
and Conservation shall send to the Fire Chief of the respective Fire
District or Fire Protection District a request that the Fire Chief
advise the approving board as to their comments regarding the application,
including among other things whether:
[1]
Personnel of the fire department/district have
been trained in responses to lithium-ion battery fires;
[2]
The fire department/district has sufficient appropriate
PPE and other equipment to handle a fire involving the Battery Energy
Storage System;
[3]
The location of the Battery Energy Storage System
on the site is such that it can be accessed by the department's/district's
personnel and equipment; and
[4]
The fire department/district has access to sufficient
hydrants and quantum of water to handle a fire involving the Battery
Energy Storage System.
(2)
Utility lines and electrical circuitry. All on-site utility
lines shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and rights-of-way.
(3)
Lighting. Lighting of the Battery Energy Storage Systems shall
be limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
(4)
Vegetation and tree cutting. Areas within 10 feet on each side
of Tier 2 Battery Energy Storage Systems shall be cleared of combustible
vegetation and other combustible growth. Single specimens of trees,
shrubbery, or cultivated ground cover, such as green grass, succulents,
or similar plants used as ground covers, shall be permitted to be
exempt, provided that they do not form a means of readily transmitting
fire. Removal of trees should be minimized to the greatest extent
possible.
(5)
Noise. The noise generated from the Battery Energy Storage Systems,
components, and all associated ancillary equipment shall not exceed
a noise level of 60 dBA as measured at the property line. Applicants
may submit equipment and component manufacturers' noise ratings to
demonstrate compliance. The applicant may be required to provide Operating
Sound Pressure Level measurements from a reasonable number of sampled
locations at the perimeter of the Battery Energy Storage System to
demonstrate compliance with this standard.
(6)
Commissioning plan. Such plan shall document and verify that
the system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code.
Where commissioning is required by the Uniform Code, Battery Energy
Storage System commissioning shall be conducted by a New York State
(NYS) Licensed Professional Engineer after the installation is complete
but prior to final inspection and approval. A corrective action plan
shall be developed for any open or continuing issues that are allowed
to be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Building Inspector prior to final inspection and approval and
maintained at an approved on-site location.
(7)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code. Additionaly a concrete masonry
unit wall and/or fire-suppression system may be required, unless applicant
can demonstrate that such a wall and/or fire suppression is not needed.
(8)
Operation, maintenance and monitoring manual. Such plan shall
describe continuing Battery Energy Storage System maintenance and
property upkeep, as well as design, construction, installation, testing
and commissioning information and shall meet all requirements set
forth in the Uniform Code. The plan shall: identify if 24/7 remote
monitoring is provided, provide identification for service provider
with monitoring contract, and detail communication protocols, auxiliary
outputs (for controlling/signaling output), auxiliary inputs (for
fire alarm connection/emergency power off), capability of disconnecting
individual battery/string of batteries under emergency shutdown, 24/7
remote monitoring for early warning. The plan shall identify the process
for causing immediate alerts to the applicable Fire District, or Fire
Protection District, and Police Department upon the occurrence of
any alarm at the site.
(9)
Emergency operations plan. A copy of the approved Emergency
Operations Plan shall be given to the system owner, the local Fire
District or Fire Protection District, Building Inspector and fire
code official. A permanent copy shall also be placed in an approved
location to be accessible to facility personnel, fire code officials,
and emergency responders. The emergency operations plan shall include
the following information:
(a)
Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
(b)
Contact information for professional safety personnel from the
utility provider and engineer of record or designee for the Applicant
that can be on-site 24/7 in the event of an emergency. This information
shall be updated annually and shall include detail regarding on-site
response times from the engineer of record or designee for the Applicant
and coordination procedures between the engineer of record or designee
and utility provider.
(c)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(d)
Procedures to be followed in response to notifications from
the Battery Energy Storage Management System, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed upon notification to Police Department, Fire District or Fire
Protection District personnel for potentially hazardous conditions
in the event of a system failure.
(e)
Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts, or
other potentially dangerous conditions. Procedures can include sounding
the alarm, notifying the Police Department, Fire District or Fire
Protection District, evacuating personnel, de-energizing equipment,
and controlling and extinguishing the fire.
(f)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
(g)
Procedures for dealing with Battery Energy Storage System equipment
damaged in a fire or other emergency event, including maintaining
contact information for personnel qualified to safely remove damaged
Battery Energy Storage System equipment from the facility.
(h)
Other procedures as determined necessary by the Town of Greenburgh
to provide for the safety of occupants, neighboring properties, and
emergency responders.
(i)
Procedures and schedules for conducting drills and procedures
for training local first responders on the contents of the Plan and
appropriate response procedures, consistent with Section 4.1.3 of
NFPA 855, and incorporating all elements of (Annex C - Section C.1.1),
must be provided.
(k)
The plan shall be updated annually.
(10)
Notification shall be given to the Police Department, applicable
Fire District or Fire Protection District, including adjacent Fire
Districts and/or Fire Protection Districts that provide mutual aid,
regarding approved permits/inspection information. The information
provided shall include the 24 by seven by 365 access or contact information
of the manufacturer and installer of the Battery Energy Storage System.
(11)
Decommissioning plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan shall include:
(a)
A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
for complete physical removal of all Battery Energy Storage System
components, structures, equipment, security barriers, and transmission
lines from the site;
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
(c)
The anticipated life of the Battery Energy Storage System;
(d)
The estimated decommissioning costs and how said estimate was
determined;
(e)
The method of ensuring that funds will be available for decommissioning
and restoration;
(f)
The method by which the decommissioning cost will be kept current;
(g)
The manner in which the site will be restored, including a description
of how any changes to the surrounding areas and other systems adjacent
to the Battery Energy Storage System, such as, but not limited to,
structural elements, building penetrations, means of egress, and required
fire detection suppression systems, will be protected during decommissioning
and confirmed as being acceptable after the system is removed; and
(h)
A listing of any contingencies for removing an intact operational
Battery Energy Storage System from service and for removing an Battery
Energy Storage System from service that has been damaged by a fire
or other event.
(12)
Decommissioning fund.
(a)
The owner and/or operator of the energy storage system shall
continuously maintain a fund or security payable to the Town of Greenburgh,
in a form approved by the Town of Greenburgh for the removal of the
Battery Energy Storage System. The fund or security shall cover costs
of:
[1]
Removal of battery energy storage system cabinets,
ancillary equipment, and overhead and underground power lines;
[2]
Disposal of solid and hazardous materials;
[3]
Site restoration (including cleanup from soil or
other environmental contamination or pollution); and
[4]
Other decommissioning costs, at the applicant's
expense, be obtained prior to beginning construction and maintained
until the completion of decommissioning and site restoration.
(b)
The security may consist of a letter of credit. The amount of
the fund or letter of credit shall be adjusted as needed or necessary.
The Town shall engage a professional advisor prior to the beginning
of construction and every two years, at applicant's expense, to advise
the Town on the then current costs of decommissioning, disposal and
site restoration. Multiple draws, up to the maximum amount, would
be allowed.
(c)
The letter of credit should be issued by a financial institution
or surety company licensed to do business in the State of New York,
and presentable for payment in Westchester County or New York City.
At the time of each renewal, the credit rating of the issuer shall
be satisfactory to the Town Comptroller.
(d)
The fund or letter of credit would be callable by the Town upon:
[1]
Failure of the amount of the fund or letter of
credit to be adjusted and renewed prior to 90 days before its otherwise
expiry date;
[2]
Applicant becoming subject to a voluntary or involuntary
bankruptcy;
[3]
Applicant not performing the required monthly and
other maintenance and/or the electronic monitoring of the system;
[4]
Determination by the Building Inspector or Chief
of Police that public safety is potentially affected; or
[5]
Applicant having abandoned the facility when it
ceases to operate for 12 months.
(13)
Additional required submittals:
(a)
A one- or three-line electrical diagram detailing the Battery
Energy Storage System layout, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and over current devices.
(b)
A preliminary equipment specification sheet that documents the
proposed Battery Energy Storage System components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(c)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the Battery Energy
Storage System. Such information of the final system installer shall
be submitted prior to the issuance of building permit.
(d)
Name, address, phone number, and signature of the project Applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the Battery Energy
Storage System.
(14)
Ownership changes. If the owner of the Battery Energy Storage
System changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes, in writing, all of the obligations of the special
use permit, site plan approval, decommissioning plan, and decommissioning
fund. A new owner or operator of the Battery Energy Storage System
shall notify the Building Inspector, Police Department, and Fire District
or Fire Protection District of such change in ownership or operator
within 30 days prior to the ownership change. A new owner or operator
must provide such notification to the Building Inspector in writing.
The special use permit and all other local approvals for the Battery
Energy Storage System would be void if a new owner or operator fails
to provide written notification to the Building Inspector in the required
time frame and fails to do so after being provided with an oppurtunity
to cure.
(15)
Safety.
(a)
System certification. Battery Energy Storage Systems and equipment
shall be listed by a Nationally Recognized Testing Laboratory to UL
9540 (Standard for Battery Energy Storage Systems and Equipment).
A copy of the UL 9540 listing and web link from certification database
as well as UL 9540A fire test report or listing documentation for
all systems shall be provided, or approved equivalent, with subcomponents
meeting each of the following standards as applicable [in accordance
with NYS Public Officers Law §§ 87(2) and 89(5), Applicants
shall document aspects of this submittal, if applicable, that are
trade secrets which, if disclosed, would cause substantial injury
to the competitive position of the subject enterprise as a formal
request for FOIL access to be denied]:
[1]
UL 1973 (Standard for Batteries for Use in Stationary,
Vehicle Auxiliary Power and Light Electric Rail Applications);
[2]
UL 1642 (Standard for Lithium Batteries);
[3]
UL 1741 or UL 62109 (Inverters and Power Converters);
[4]
Certified under the applicable electrical, building,
and fire prevention codes as required;
[5]
Alternatively, field evaluation by an approved
testing laboratory for compliance with UL 9540 (or approved equivalent)
and applicable codes, regulations and safety standards may be used
to meet system certification requirements.
(b)
Site access. Battery Energy Storage Systems shall be maintained
in good working order and in accordance with industry standards. Site
access shall be maintained, including snow removal at a level acceptable
to the local emergency responders.
(c)
Battery Energy Storage Systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with the National Electrical Code of New York State.
(d)
A Hazard Mitigation Analysis is required for all Battery Energy
Storage Systems other than Tier 1. Methodology/documentation related
to monitoring integrity shall be included as part of hazard mitigation
analysis.
(e)
A traffic safety circulation plan, taking into account general
internal circulation and loading/truck movements, etc., is required
for all Tier 2 Battery Energy Storage Systems. The plan shall identify
appropriate impact protection, including, but not limited to, traffic
barriers, bollards, walls, etc.
(f)
Additional requirements.
[1]
If ethylene glycol is used as part of the liquid
cooling system, a Containment Pan shall be installed underneath the
facility as a supplemental secondary containment, together with an
off-site Disposal Plan, satisfactory to the Bureau of Engineering.
[2]
The Hazard Mitigation Analysis shall identify whether
a back-up gas or propane generator satisfactory to the Bureau of Engineering
shall be installed sufficient to operate the cooling system and other
critical components if the state electric grid is not delivering power.
[3]
Liability insurance coverage for the Town covering
damage to public or private property, personal injury and death, at
applicant's expense, satisfactory to the Town Comptroller, shall be
obtained prior to beginning construction and maintained until the
completion of decommissioning and site restoration. There should be
no exclusion for liability resulting from contaminants or pollutants.
[4]
Compliance with the Uniform Code and applicable
standards of NFPA 855 shall be certified annually to the Building
Inspector.
[5]
The Planning Board shall require an up-front and/or
annual fee to cover the costs of training of personnel and acquiring
the appropriate PPE for the relevant Fire District or Fire Protection
District.
[6]
Nothing in the listing of certain standards shall
be deemed to restrict the Planning Board from requiring stricter standards
for safety, mitigating environmental impacts, or character of existing
residential neighborhoods.
[7]
All fees of outside professionals related to the
application shall be paid by applicant. All documentation be satisfactory
to the Town Board, the Town Attorney or outside counsel selected by
it, and the various Town departments having oversight over various
conditions.
[8]
Failure to comply with any of the conditions of
the approvals granted by the Town Board would be grounds for the approvals
to be revoked only after all applicable cure periods have been exhausted.
Permit conditions to be filed in Westchester County Land Records and
run with the land.
[9]
Security cameras shall be installed, if identified
as part of the Hazard Mitigation Plan, or recommended by the Chief
of Police or designee.
(16)
Permit time frame and abandonment.
(a)
The Special Use Permit and site plan approval for a Battery
Energy Storage System shall be valid for a period of 24 months, provided
that a building permit is issued for construction and/or construction
is commenced. In the event construction is not completed in accordance
with the final site plan, as may have been amended and approved, as
required by the Planning Board, within 24 months after approval, the
Planning Board may extend the time to complete construction for 180
days. If the owner and/or operator fails to perform substantial construction
after 36 months, the approvals shall expire.
(b)
The Battery Energy Storage System shall be considered abandoned
when it ceases to operate for 12 months. If the owner and/or operator
fails to comply with decommissioning upon any abandonment, the Town
of Greenburgh may, at its discretion, enter the property and utilize
the available bond and/or security for the removal of a Tier 2 Battery
Energy Storage System and restoration of the site in accordance with
the decommissioning plan.
(17)
Enforcement. Any violation of this Battery Energy Storage System
Law shall be subject to the same enforcement requirements, including
the civil and criminal penalties, provided for in the zoning or land
use regulations of the Town of Greenburgh.
(18)
Specific special permit standards.
(a)
Site size. Tier 2 Battery Energy Storage Systems can be situated
on lots with a minimum of 80,000 square feet in the CA, CB, DS, IB,
and UR (Neighborhood Shopping/Planned Commercial) District. Tier 2
Battery Energy Storage Systems can be situated on lots with a minimum
of 40,000 square feet in the OB, OB-1, LOB, LI, GI, PD, and PED Districts.
Tier 2 Battery Energy Storage Systems must be situated on a property
with a minimum of five acres in the One-Family Residence Districts
and only when when the system is accessory to an existing municipal
building, government use, building of religious worship, private school,
hospital, Assisted-living facility, Continuing-Care Retirement Community,
or Continuum of Care Facility.
(b)
Systems size. Tier 2 Battery Energy Storage Systems shall not
exceed 6,000 kWh in the One-Family Residence, CA, CB, DS, IB, LOB,
OB, OB-1, and UR Districts (Neighborhood Shopping/Planned Commercial).
The maximum Battery Energy Storage System footprint shall not exceed
1,400 square feet in the One-Family Residence, CA, CB, DS, IB, LOB,
OB, OB-1, and UR (Neighborhood Shopping/Planned Commercial) Districts,
with associated cabinets not to exceed a combined footprint of 300
square feet. Tier 2 Battery Energy Storage Systems shall not exceed
12,000 kWh in the GI, LI, PD and PED Districts. The maximum Battery
Energy Storage System footprint shall not exceed 3,500 square feet
in the GI, LI, PD and PED Districts.
(c)
Setbacks. Tier 2 Battery Energy Storage Systems in the One-Family
Residence, CA, CB, DS, IB, OB, OB-1, LOB, LI, GI, PD, PED and UR District
(Neighborhood Shopping/Planned Commercial) shall be setback a minimum
of 100 feet from property lines, unless reduced or increased by the
Planning Board in instances where such reduction or increase is supported
in connection with the Hazard Mitigation Analysis, to the satisfaction
of the Planning Board. The Planning Board shall not, however, approve
an installation to be closer than 50 feet to a property line. Tier
2 Battery Energy Storage Systems shall be setback a minimum of 100
feet from all principal on-site and off-site buildings, unless reduced
or increased by the Planning Board in instances where such setback
reduction (not to be less than 10 feet from the building) or increase
is supported in connection with the Hazard Mitigation Analysis, to
the satisfaction of the Planning Board. For proposals in the GI, LI,
PD and PED Districts exceeding 6,000 kWh, there shall be additional
setback requirement of 300 feet from property line of the nearest
one-family residence.
(d)
Height. Tier 2 Battery Energy Storage Systems shall not exceed
10 feet in height.
(e)
Fencing requirements. Tier 2 Battery Energy Storage Systems,
including all mechanical equipment, shall be enclosed by a seven-foot-high
fence with a self-locking gate to prevent unauthorized access unless
housed in a dedicated-use building and not interfering with ventilation
or exhaust ports, and shall be satisfactory to the Chief of Police
or designee. Consistent with Uniform Code Section 506, the Applicant
must provide a box mounted at an approved location and of sufficient
size to accommodate access keys and a hard copy of the emergency response
plan.
(f)
Screening and visibility. Tier 2 Battery Energy Storage Systems
shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms,
landscaping, or other screening methods that will harmonize with the
character of the property and surrounding area and not interfere with
ventilation or exhaust ports. The avoidance of tree removals, to greatest
extent practicable, shall be indentified by the Applicant. Perimeter
screening shall be of a height at least as high as the battery storage
cabinets within three years, and the diversity, quantum, density and
other features of the site replanting plan be satisfactory to the
Town Forestry Officer, and the replantings be maintained during the
life of the facility at the applicant's expense. No direct sightline
from any single-family residence to the Tier 2 Battery Energy Storage
System shall be permitted.
E.
Permitting requirements for Tier 3 Battery Energy Storage Systems.
(1)
One Tier 3 Battery Energy Storage System is permitted on a Partcipating Property through the issuance of a special use permit by the Town Board within any Zoning District and shall be subject to the Uniform Code, conformance with the standards and procedures set forth in § 285-37.1A, B, and D(1) through (18), as modified herein, and the following specific special permit standards and criteria:
(a)
Tier 3 Battery Energy Storage Systems must and can only be connected to feeders emanating from one of the following Consolidated Edison Substations existing as of the effective date of Local Law No. 5-2021: Parcel ID: 5.50-103-1 in the Village of Elmsford, located on Rt. 119 (Tarrytown Road); and Parcel ID: 7.51-2-2.SP in the Town of Greenburgh, located adjacent to the Saw Mill River Parkway, south of Old Saw Mill River Road. Connection to any other substations, within or outside the boundaries of the Town of Greenburgh, is not authorized under § 285-37.1E.
(b)
The maximum Battery Energy Storage System footprint shall not
exceed 30,000 square feet.
(c)
A maximum of one Tier 3 Battery Energy Storage System can be connected to each of the two Consolidated Edison Substations identified in § 285-37.1E(1)(a).
(d)
The Tier 3 Battery Energy Storage System must be located on
a site within 3,000 linear feet of the existing substation.
(e)
If proposed as a singular principal use on a site, a Tier 3
Battery Energy Storage System must be situated on a minimum ten-acre
site. A Tier 3 Battery Energy Storage System can be situated as a
second principal use on an existing property, provided the site contains
at least 25 acres. When proposed as a second principal use, a total
of 10 acres, which shall include the Battery Energy Storage Facility
area and planned additional acreage of contiguous open space, which
shall be subject to a conservation easement and restrictive covenant
acceptable to the Town Board, and recorded with the County Clerk -
Office of Land Records, is required to be established. The location
and type of contiguous planned open space and the terms of the conservation
easement and restrictive covenant shall be to the satisfaction of
the Town Board. The open space shall be situated to preserve existing
natural features, and provide a buffer for potential future changes
of use. The minimum ten-acre area pursuant to a conservation easement
may be utilized for bulk and dimensional standards of the Battery
Energy Storage System. The acreage of a proposed Battery Energy Storage
System and the acreage of the contiguous open space must have been
under common ownership as of the effective date of L.L. No. 5-2021.
(f)
Setbacks. Tier 3 Battery Energy Storage Systems shall be setback
a minimum of 100 feet from property lines. The facility shall be located
at least 500 feet from the property line of the nearest one-family
residential structure.
(g)
Height. Tier 3 Battery Energy Storage Systems shall not exceed
12 feet in height.
(h)
Fencing requirements. Tier 3 Battery Energy Storage Systems,
including all mechanical equipment, shall be enclosed by a seven-foot-high
fence with a self-locking gate to prevent unauthorized access unless
housed in a dedicated-use building and not interfering with ventilation
or exhaust ports and shall be satisfactory to the Chief of Police
or designee.
(i)
Screening and visibility. Tier 3 Battery Energy Storage Systems
shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms,
landscaping, or other screening methods that will harmonize with the
character of the property and surrounding area and not interfere with
ventilation or exhaust ports. The avoidance of tree removals, to greatest
extent practicable, shall be indentified by the Applicant. Perimeter
screening shall be of a height at least as high as the battery storage
cabinets within three years, and the diversity, quantum, density and
other features of the site replanting plan be satisfactory to the
Town Forestry Officer, and the replantings be maintained during the
life of the facility at the applicant's expense. No direct sightline
from any single-family residence to the Tier 3 Battery Energy Storage
System shall be permitted.
(2)
Applications for the installation of Tier 3 Battery Energy Storage Systems shall follow the same format and procedures as identified in § 285-37.1A, B, and D(1) through (18); however, the Town Board shall be the approving board for special permit and site plan applications, with referral to the Planning Board. The maximum number of Tier 3 Battery Energy Storage Facilities that the Town Board may approve pursuant to the criteria, standards and procedures of this § 285-37.1 is two. Battery Energy Storage Systems exceeding an aggregate Battery Energy Storage System Capacity of 80 MWh are expressly prohibited.
[Amended 4-13-1983; 12-12-1984; 7-8-1987 by L.L. No. 3-1987; 10-25-1989 by L.L. No. 2-1989; 10-14-1992 by L.L. No. 6-1992; 11-9-1994 by L.L. No. 9-1994; 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
A.
Required for all new buildings and uses. Subject to the exceptions hereinafter set forth, for every building hereafter constructed, erected or altered and for each use hereafter established, there shall be provided on the same premises suitably graded and paved off-street parking areas and off-street loading areas. Each such off-street parking area shall contain the required number of parking spaces set forth in Subsection E of this section and shall have appurtenant thereto and giving access thereto adequate passageways, driveways and turning areas. Each such off-street loading area shall contain the required number of loading berths set forth in Subsection G of this section.
[Amended 7-24-2019 by L.L. No. 3-2019]
B.
Parking required for one-family dwellings. A parking
unit required for a one-family dwelling may be provided in a private
garage, in a carport or in a driveway not less than eight feet nor
more than 30 feet in width, or combination thereof, but may not be
provided within one foot of a public right-of-way. Said parking units
shall not be located nearer to any side or rear lot line than minimum
distance from off-street parking areas to side or rear lot lines established
for the district therein.
C.
Parking units required for all other uses.
(1)
Unless otherwise prohibited, a parking unit required
for any building or use, other than for a one-family dwelling, may
be fully enclosed in a garage with a door or located in a parking
structure and fully roofed over, provided that it is adequately lighted
at night. Said parking may be located in a side or rear yard, subject
to the minimum distances as specified in the given district. Except
where specifically permitted, no parking units shall be located within
the required front yard of any multifamily dwelling, but passageways,
driveways and turning areas giving access thereto may be permitted
in such front yard. All garages and parking structures are subject
to the applicable requirements for accessory or principal buildings,
as the case may be.
(2)
Parking units required for multifamily dwellings,
nonresidential uses or for uses accessory thereto shall be paved and
clearly marked, indicating individual parking spaces, aisles, maneuvering
areas, entrances and exits. Parking units shall be located so as to
provide convenient access between the subject use and parking facility.
All markings shall be of high-contrast white paint, except that markings
between areas of two-way traffic shall be of high-contrast yellow
paint.
(3)
Where a parking area required for a building or use,
other than for a one-family dwelling, is generally adjacent to a residential
district or to a street line, there shall be provided for along the
lot line of the lot on which such parking area is situated and adjacent
to such residence district or street line a landscaped separator strip
of at least 10 feet in width, containing a shrubbery screen at least
five feet wide, of which at least 1/2 shall be of suitable evergreens.
Such shrubbery screen shall cover not less than 25% of a vertical
plane four feet in height along the edge of such parking area. The
area between such shrubbery screen and the adjoining properties or
street line shall be planted with a good grade of grass seed or suitable
ground cover. Such grass area and shrubbery screen shall be suitably
maintained, shall be kept free of rubbish at all times and shall be
separated from the parking area by a curb not less than six inches
in height or by a bumper guard approved as to type and construction
by the Building Inspector.
D.
Other parking requirements.
(1)
Size of parking spaces. Each parking space shall be
at least nine feet wide and 20 feet long, and at least 10 feet wide
and 20 feet long if bordered by walls or columns on any two or more
sides. Where parking spaces are defined by curbs providing space for
overhang of vehicles, such spaces may be reduced in depth to 18 feet,
provided that vehicles will not overhang sidewalks or other pedestrian
areas. No enclosed parking unit for any building or use, other than
parking units in one- or two-car garages, shall be located within
10 feet of any pedestrian entrance to a building. A clear pedestrian
accessway to all circulation aisles of an enclosed parking area shall
be provided.
(2)
Aisles. Backup and maneuvering aisles between rows
of parking spaces shall be at least 22 feet wide. The minimum aisle
space may be reduced for angle parking, but in no case shall the aisle
space be less than 16 feet.
(3)
Access. Unobstructed access to all parking areas shall
be provided to and from a street. Unless otherwise required by an
approving board, such access shall consist of at least one twelve-foot-wide
lane for parking areas with less than 30 spaces and at least two ten-foot-wide
lanes for parking areas with 30 spaces or more. No entrance or exit
for any off-street parking area with a capacity of more than four
spaces shall be located within 50 feet of any street intersection
nor exceed a grade in excess of 6% within 25 feet of any street line
or 10% of any other point, unless otherwise permitted by an approving
board.
(4)
Grading, drainage, surfacing and marking.
(a)
All parking areas shall be properly drained,
and all such areas, except for parking spaces accessory to a one-
or two-family dwelling, shall be provided with a paved surface which
shall be properly maintained throughout the duration of the use. The
maximum slope of a parking area shall not exceed 5%.
(b)
Where the topography of a site is such that
a potential safety hazard for parked vehicles exists, the Planning
Board may require barriers or other safety devices to be incorporated
into the design of the parking lot.
(c)
In multifamily residential developments and
in nonresidential developments, suitable markings to indicate individual
parking spaces, maneuvering areas, entrances and exits shall be provided.
(5)
Parcels with two or more uses. When any lot contains
two or more uses having different parking requirements, the parking
requirements for each use shall apply to the full extent. Where it
can be conclusively demonstrated to the satisfaction of the Planning
Board that any or all of the following site characteristics occur,
the Planning Board, upon recommendation by the Building Inspector.
may reduce the total parking requirement to an amount which, in its
judgment, will prevent frequent parking on the street by persons working
on or visiting the premises and will not generate additional traffic
that overburden the parking capacity:
[Amended 7-24-2019 by L.L. No. 3-2019]
(a)
One or more such uses will be generating a demand for parking spaces
primarily during periods when the other use or uses are not in operation
or are not likely to generate a substantial demand for parking;
(b)
Sufficient land area exists for land-banked off-street parking spaces,
subject to site plan or amended site plan approval and related approvals,
if deemed necessary, from the appropriate approving agency; and
(c)
The applicant presents documentation demonstrating an underutilization
of existing offstreet parking spaces.
(6)
Location and ownership.
(a)
Required accessory parking spaces, open or enclosed,
shall be provided upon the same lot as the use to which they are accessory
unless specifically permitted by special permit, in which case said
parking area shall be within 250 feet of the subject lot.
(b)
In all such cases, the parking spaces shall
conform to all the regulations of the district in which the parking
spaces are located, and in no event shall such parking spaces be located
in any residence district unless either the use to which the spaces
are accessory is permitted in such residence districts or approval
is granted by an approving board. Such spaces shall be subject to
an easement or restrictive covenant in form and substance satisfactory
to the Town Attorney and approved by the approving board, which instrument
shall be recorded in the Westchester County Clerk's Office, Division
of Land Records, and shall bind the owner of the parking spaces and
her/his heirs, successors and assigns to maintain the required number
of spaces either throughout the existence of the use to which they
are accessory or until such spaces are provided elsewhere in a location
and a manner acceptable to the approving board.
[Amended 7-24-2019 by L.L. No. 3-2019]
(7)
Connection between abutting parking lots. Where appropriate,
an approving board may require paved connections between abutting
parking lots in different ownerships so as to facilitate the flow
of traffic.
(8)
Enclosed facilities. Required parking areas constructed
within or under any portion of a main building shall have an access
driveway that does not at any point have a grade in excess of 10%.
(9)
Parking lot islands and landscaping. Unless specifically
waived by an approving board, outdoor parking spaces shall be divided
into subareas with raised and curbed landscaped islands separating
each subarea so designed as to assure a smooth flow of traffic. Said
islands shall be a minimum width of 10 feet and shall be suitably
landscaped with trees, grass or other ground cover deemed appropriate
by an approving board. In addition and unless specifically waived
by an approving board, not more than 15 spaces in a single line shall
be permitted without such a suitable landscaped curbed island.
(10)
Compact car parking spaces. In an OB District, where at least 50 off-street parking spaces are provided pursuant to the requirements of Subsection E of this section, up to 25% of the parking spaces may be designated and reserved for compact cars. Each compact car space shall be at least eight feet wide and 15 feet long, except that each compact car space shall be at least 17 feet long where no overhang is provided. The backup aisle between rows of compact car spaces shall be at least 20 feet wide. Compact car parking spaces shall be arranged in groups of at least five spaces and shall be identified by appropriate signage.
E.
Parking ratios shall be as follows:
Use
|
Minimum Parking
(spaces)
| ||
---|---|---|---|
Residential and related uses
| |||
One- or two-family residence
|
2 per dwelling unit
| ||
Multifamily dwelling, except M-174 District
and assisted senior citizen housing
|
1 for each studio or efficiency apartment; 1.5
for each 1-bedroom apartment; 2 for each 2-bedroom or larger apartment;
plus an additional 0% of the total required spaces for visitor parking
| ||
M-174 multifamily dwelling
|
1 for each studio or efficiency apartment; 1.25
for each 1-bedroom apartment; 1.5 for each 2-bedroom apartment; 2
for each 3-bedroom apartment or larger; of which 10% shall be deemed
and set aside for visitor parking
| ||
Publicly assisted senior citizen housing
|
1 for each 2 dwelling units
| ||
Churches and places of worship
|
1 for each 4 seats
| ||
Elementary or junior high school
|
1.25 for each staff member
| ||
High school
|
1 for each staff member, plus 1 for each 5 seats
in the largest assembly hall
| ||
College or university
|
1 for each 200 square feet of gross floor area
| ||
Day-care center, nursery school
[Amended 10-8-1997 by L.L. No. 10-1997] |
1 for each staff member, plus 1 for each facility
vehicle, plus 1 for each 5 facility children or clients
| ||
Museum, art gallery, library or cultural center
|
1 for each 300 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Golf, swimming or country club
|
1 for each 3 members
| ||
Membership club, lodge
|
1 for each 5 members or 1 for each 4 seats in
major assembly hall or meeting area, or for each 200 square feet of
gross floor area, whichever is greater, plus an additional 5 for buildings
of 5,000 square feet or less
| ||
Community center
|
1 for each 300 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Cemetery
|
1 for each 300 square feet of gross floor area
in an office, plus 1 for each 100 square feet of gross floor area
in a chapel
| ||
Hospital
|
1 for each 500 square feet of gross floor area
| ||
Rest home, nursing home, residential health-care
facility
|
1 for each 600 square feet of gross floor area
| ||
Continuing Care Retirement Communities
[Added 12-21-1999 by L.L.
No. 7-2015] |
0.75 per Independent Living Unit, plus 0.5 per Assisted Living
Unit, plus 1 for each 600 square feet of gross floor area in an accessory
skilled nursing facility
| ||
Kennel, animal hospital
|
1.25 per employee or 1 for each 200 square feet
of gross floor area, whichever is greater, plus an additional 5 for
buildings of 5,000 square feet or less
| ||
Agency group home
|
1 for each full-time staff member, plus 1 for
each 3 residences
| ||
Roomers and boarders
|
1 for each guest sleeping room, plus 2 for the
dwelling unit
| ||
Commercial and office uses
| |||
Professional office in a residence
|
3 per office or 2 for each professional maintaining
office hours for consultation, whichever is greater, in addition to
that required for the residential use
| ||
Home occupation
|
2 in addition to that which is required for
the residential use
| ||
Office building other than medical or dental
offices
|
1 for each 300 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Medical or dental clinics
[Amended 8-17-2005 by L.L. No. 3-2005] |
1 for each 200 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Agency for scientific research or technical
development
|
1 for each 400 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Theater
|
1 for each 3 seats or 1 for each 75 square feet
of gross floor area, whichever is greater, plus an additional 5 for
buildings of 5,000 square feet or less
| ||
Telephone exchange
|
1 for each 1,000 square feet of gross floor
area, plus an additional 5 for buildings of 5,000 square feet or less
| ||
Conference center
|
1 for each 4 seats in major assembly hall or
meeting area, plus 1 for each 4 seats in classroom facilities
| ||
Bank, post office
|
10, or 1 for each 100 square feet of gross floor
area, or 3 for each teller, whichever is greater, plus an additional
5 for buildings of 5,000 square feet or less
| ||
Hotel, motel or automobile court, except as specified for high-rise hotels in § 285-25A(4) of this chapter
|
1.25 per rental unit
| ||
Retail sales, personal service establishment,
and massage establishment
[Amended 11-9-2015 by L.L. No. 14-2015] |
1 for each 200 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Commercial garage
|
1 for each 100 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Restaurant
|
1 per 3 seats, or 1 for each 75 square feet
of gross floor area, whichever is greater, plus an additional 5 for
buildings of 5,000 square feet or less
| ||
Quick-service or fast-food establishment, ice
cream stand
|
1 for each 35 square feet of gross floor area
| ||
Drinking establishment, cabaret
|
1 for each 1.5 persons permitted under maximum
occupancy, or 1 for each 60 square feet of gross floor area, whichever
is greater, plus an additional 5 for buildings of 5,000 square feet
or less
| ||
Bowling alley
|
5 per lane
| ||
Indoor tennis facility
|
5 per court
| ||
Health club and spa, fully enclosed commercial
recreational facility, indoor skating rink
|
1 for each 200 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Public and quasi-public uses
|
1 for each 200 square feet of gross floor area,
plus an additional 5 for buildings of 5,000 square feet or less
| ||
Dry cleaning or hand laundry
|
1 for each 100 square feet of gross floor area
| ||
Nursery, sale of agricultural products
|
1 for each 200 square feet of gross floor area
| ||
Funeral home
|
1 for each 3 seats provided therein or 1 for
each 60 square feet of space available for public use, whichever is
greater
| ||
Self-storage
[Added 10-25-2017 by L.L.
No. 5-2017] |
10, or 1 for each 5,000 square feet of gross floor area, whichever
is greater
| ||
Microdistilleries/Microwineries
[Added 5-23-2018 by L.L.
No. 6-2018] |
1 for each 75 square feet of gross floor area dedicated for public use. For areas not dedicated for public use, minimum parking requirements shall be consistent with the light manufacturing wholesale, storage and warehousing, or office standards established in § 285-38.
| ||
Industrial and heavy commercial uses
| |||
Light manufacturing uses
|
1 for each 500 square feet of gross floor area
| ||
Wholesale, storage and warehousing
|
1 for each 1,000 square feet of gross floor
area
| ||
Printing plant
|
1 for each 300 square feet of gross floor area
| ||
Car wash
|
10 for each washing bay
| ||
Motor vehicle sales
|
10, or 1 for each 200 square feet of sales area,
whichever is greater
| ||
Gasoline service station
[Amended 11-12-1997 by L.L. No. 11-1997] |
1 for each 100 square feet of gross floor area
used for automotive related uses with a minimum of 5 plus 1 for each
200 square feet for convenience store use, with a minimum of 6 spaces.
Notwithstanding any other code provision, space used for fueling positions
may be used in calculating parking requirements or convenience store
use
| ||
Outdoor industrial use (coal, coke, fuel oil,
junk-yard, etc.)
|
10, or 1 for each 5,000 square feet of gross
floor area, whichever is greater
| ||
Training facilities for professional athletic
organizations
[Added 10-2-2001 by L.L. No. 13-2001] |
1 for each 1,000 square feet of gross floor
area
| ||
All other uses not mentioned or variations of
above uses
|
Reasonable and appropriate off-street parking
requirements for structures and land uses which do not fall within
the categories listed above shall be determined by the Town Board
and adopted as an amendment to this section.
|
F.
Off-street loading. Required off-street loading berths,
open or enclosed, are permitted as accessory to any use except one-family
dwellings, subject to the following provisions:
(1)
Loading requirements. Any land which is developed
as a unit under single ownership and control shall be considered a
single lot for the purpose of these loading requirements.
(2)
Size of spaces. Each required loading berth shall
be at least 15 feet wide, 45 feet long and 14 feet high. Any additional
loading unit lying alongside, contiguous to and not separated from
such first loading unit need not be wider than 12 feet.
(3)
Location and access. Said loading may be provided in the principal building or in any side or rear yards. No off-street loading berth shall be located in any front yard. Unobstructed access, at least 15 feet wide, to and from a street shall be provided. In no case shall a loading unit bar access to any parking area or any parking space. Such access may be combined with access to a parking lot, provided that said driveway has a minimum width of 25 feet. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in § 285-38F(4).
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(4)
Joint facilities. Permitted or required loading berths,
open or enclosed, may be provided in spaces designed to serve jointly
two or more adjacent establishments, provided that the number of required
berths in such joint facilities shall not be less than the aggregate
of all such requirements.
G.
Loading ratios shall be as follows:
Square Feet of Gross Floor Area or Major
Fraction Thereof in Thousands of Square Feet Unless Otherwise Noted
| ||||
---|---|---|---|---|
Facility
|
1st Berth
|
2nd Berth
|
Plus 1 Berth for Each
| |
Office, research and development; Self-storage
[Amended 10-25-2017 by L.L. No. 5-2017] |
20
|
100
|
100
| |
Retail, personal service, restaurants
|
5
|
15
|
25
| |
Commercial recreation
|
10
|
100
|
100
| |
Manufacturing, printing, wholesale distribution
|
5
|
20
|
40
| |
Public institutional
|
10
|
50
|
50
| |
Multifamily residential
|
10
(dwelling units)
|
50
(dwelling units)
|
50
(dwelling units)
| |
Training facilities for professional athletic
organizations
[Added 10-2-2001 by L.L. No. 13-2001] |
10
|
100
|
100
|
Reasonable and appropriate off-street loading
requirements for structures and land uses which do not fall within
the categories listed above shall be determined by the Town Board
and adopted as an amendment to this section.
|
H.
Required landscaping.
(1)
All portions of improved multifamily and nonresidential
properties which are not used for buildings, structures, off-street
parking and loading, permitted outdoor storage, sidewalks or similar
purposes shall be appropriately landscaped with grass, shrubs, trees
and other ground cover in such manner as to minimize erosion and stormwater
runoff and harmoniously blend such uses with the character of the
Town as a whole.
(2)
Landscape strips with a minimum width of 10 feet shall be provided along all property lines of multifamily and nonresidential uses except as required in § 285-40A(4) of this chapter. Landscape strips with a minimum width of five feet shall be provided between any additional parking spaces required by this chapter for home occupations and professional offices in residence and all property lines of such uses except as required in § 285-40A(4) of this chapter. Such landscape strips shall comply with the following minimum standards as well as all applicable requirements set forth elsewhere in this chapter:
(a)
Said landscape strips shall include evergreen
planting and other landscaping of such type, height, spacing and arrangement
as, in the judgment of the Planning Board, will effectively screen
the activity of the lot from the neighboring uses.
(b)
Unless specifically required elsewhere in this
chapter, a wall or fence of location, height, design and materials
approved by the Planning Board may be substituted for part or all
of the required landscape strips.
(c)
Where the existing topography and/or existing
landscaping provides adequate screening, the Planning Board may waive
or modify the planting and/or landscape requirements of this chapter.
I.
Maintenance. All fences, trees, plantings, shrubbery
or other screening facilities required by direction of the Town Board,
the Zoning Board of Appeals or the Planning Board as part of site
plan approval or by the Zoning Ordinance shall be maintained or replaced
at all times at least to the same quality required of said items at
the time they were initially installed. In the event that said maintenance
or replacement is not completed as required, the Building Inspector
shall give 30 days' written notice by registered mail, addressed to
the owner of record of such land at the address shown on the last
preceding assessment roll. If said notice is not complied with, the
Department of Public Works, upon direction of the Town Board, shall
be authorized to make such maintenance or replacement.
J.
Penalties. If, after said 30 days' notice, such fences,
trees, plantings, shrubbery or other screenings are not erected, replaced,
repaired or maintained by or on behalf of such owner, the Town Board
may provide for the assessment of all costs and expenses so incurred
by the Town, in connection with any action taken as above, against
the land on which such screening facilities are located. The costs
and expenses so incurred shall be certified to the Tax Assessor and
shall become a municipal lien against the property.
A.
Minimum dwelling sizes.
(1)
Supplementary Zoning Map. There is hereby adopted
and declared to be a part of this chapter the annexed map entitled
"Supplementary Zoning Map Showing Minimum Livable Floor Area Required
in Dwellings Within Various Districts," hereinafter referred to as
the "Supplementary Zoning Map." Said Supplementary Zoning Map may
be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: Said Map is on file in the
office of the Town Clerk.
(2)
Application to one-family dwellings. No building permit
or certificate of occupancy shall be issued with respect to the construction,
alteration or occupancy of any one family dwelling located in a one-family
residence district unless such dwelling contains the minimum livable
floor area in square feet conforming to the number shown on such Supplementary
Zoning Map for the district in which it is situated. No building permit
or certificate of occupancy shall be issued with respect to the construction,
alteration or occupancy of a one-family dwelling located in any district
other than a one-family residence district unless such one-family
dwelling contains a minimum livable floor area of 1,050 square feet.
Such minimum livable floor area shall include all spaces defined as
"floor area, livable" in this chapter.[2]
(3)
Application to multifamily dwellings and other buildings.
No building permit or certificate of occupancy shall be issued with
respect to the construction, alteration or occupancy of any multifamily
dwelling or any buildings, other than a one-family dwelling, containing
a dwelling unit or dwelling units unless the livable floor areas of
all dwelling units therein equals or exceeds 600 square feet, except
that, in the case of studio apartments, the minimum livable floor
area therein shall equal or exceed 450 square feet. In computing such
livable floor area, the definition defining "floor area, livable"
shall be applicable.
[Amended 7-8-1987 by L.L. No. 3-1987]
B.
Angle of light.
(1)
Every room in which persons habitually live, sleep,
eat, rest or work shall have a required window area equal to 12% of
the floor area of such room, and from the inner edge of the lowest
sill of such required windows there shall be an open, unobstructed
angle of light of not less than 45º to the sky, measured between
the zenith and the average level of the opposite wall of any court
or over a line representing the maximum height to which the opposite
wall of a building on an adjoining lot, or across a street, may be
erected under this chapter; but towers, spires and similar projections
which may exceed such maximum height shall be excluded in computing
such angle of skylight. Other windows which do not meet such standard
skylight shall be known as "extra windows" and shall not be included
in computing such required window areas.
(2)
In a residence district, no wall of a room shall be
a distance more than 26 feet, measured at right angles through unobstructed
space, from the plane of such a required window, but this requirement
shall not apply to foyers, halls, stairways, bathrooms, kitchenettes
or other rooms customarily occupied only for short periods of time.
In a nonresidential district, no portion of a room in which persons
habitually work shall be more than 35 feet from such a required window,
measured directly from such window without the intervention of any
solid partitions or walls, but such prohibition shall not apply to
partitions the upper portions of which are of clear glass extending
to within four feet of the floor.
(3)
Where an area used for public assembly, personal service,
merchandising, dining or any business or industrial operation is fully
air conditioned to maintain a circulation of air and uniform temperature
in accordance with the recommended practice of the American Society
of Heating and Air-Conditioning Engineers, the requirements as to
minimum distance from a required window or windows may be waived by
the granting of a special permit by the Board of Appeals after report
thereon by the Building Inspector.
(4)
This section shall not be applicable to a telephone
exchange, provided that areas of human occupancy are fully air-conditioned
to maintain a circulation of fresh air and uniform temperature in
accordance with the recommendations of the American Society of Heating
and Air-Conditioning Engineers.
C.
Other lot requirements.
(1)
Obstruction to vision at street intersections. At
all street intersections in all residence districts and in all other
districts requiring a front yard of 15 feet or more, no obstructions
to vision, including fences, exceeding 30 inches in height above curb
level shall be erected or maintained on any lot within the triangle
formed by the street right-of-way boundary lines of such lot and a
line drawn between points along such street right-of-way boundary
lines 20 feet distant from their point of intersection.
[Amended 7-8-1987 by L.L. No. 3-1987]
(2)
Corner lots. On a corner lot, one yard other than
the front yard, being the yard lying most opposite to the front yard,
shall be deemed to be a rear yard, and the other or others shall be
deemed to be side yards.
[Amended 7-8-1987 by L.L. No. 3-1987]
(3)
Through lots. On a through lot, the Building Inspector
shall designate a front yard and a rear yard.
[Amended 7-8-1987 by L.L. No. 3-1987]
(4)
Courts. The minimum dimension of an inner court shall
not be less than twice the average height of all surrounding walls.
However, in no case shall an inner court have a dimension of less
than 30 feet. The height of walls surrounding an inner court shall
be measured from finished grade at the base thereof to the top of
such wall, except that, in the case of roofs with a slope exceeding
five inches vertical to 12 inches horizontal, the height shall be
measured to the mean point between the top of said wall and the highest
point of the roof. The minimum dimension of an outer court shall be
20 feet, and its depth shall not exceed its width.
(5)
Lot for every building. Every principal building hereafter
erected shall be located on a lot as defined herein, and except for
multifamily and nonresidential buildings, there shall be no more than
one principal building and its accessory structures and uses located
on any one lot.
(6)
Yard for every building. No part of a yard or other
open space provided about any building or on any lot for the purpose
of complying with the provisions of this chapter shall be included
as any part of the yard or open space for any other building or any
other lot.
(7)
Lots under water or subject to flooding.
(a)
All lots underwater or subject to flooding shall be subject to the requirements for flood hazard areas as required in Chapter 220 of the Town Code.
(b)
In addition, no more than 10% of the minimum
area requirement of a lot may be fulfilled by land which is underwater
or subject to periodic flooding. All minimum front, side and rear
yard requirements must be satisfied by measurement on dry land.
(8)
Subdivision of a lot. Where a lot is formed hereafter
from part of a lot already occupied by a building or structure, such
separation shall be effected in such manner as not to impair conformity
with any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith.
(9)
Required street frontage.
[Amended 7-8-1987 by L.L. No. 3-1987; 10-11-1989 by L.L. No. 1-1989]
(a)
No building permit shall be issued for the establishment
of any use or construction of any building or structure unless the
lot upon which such use is to be established or such structure is
to be built has frontage of at least 25 feet on a dedicated public
street or on a street or highway which has been suitably improved
to Town road standards, or a bond posted therefor, and unless the
actual access to such use or such structure will be over such frontage.
(b)
No site plan shall be approved for the establishment
of any use or construction of any building or structure unless the
lot upon which such use is to be established or such structure is
to be built has frontage of at least 25 feet on a dedicated public
street or on a street or highway which has been suitably improved
to Town road standards, or a bond posted therefor, and unless the
actual access to such use or such structure will be over such frontage.
(c)
No subdivision shall be approved unless each
lot has frontage of at least 25 feet on a dedicated public street
or on a street or highway which has been suitably improved to Town
road standards, or a bond posted therefor, and unless the actual access
to each respective lot will be over such frontage.
(d)
The reasonable installation of new improvements
to dedicated public streets that are not suitably improved to current
Town road standards shall be required by the applicable approving
office or agency as a condition of the issuance or granting of building
permits, site plan approval or subdivision approval. Access strips
to flag lots shall not exceed 300 feet in length or be less than 25
feet in width throughout their entire length and shall not be included
in any calculation for minimum lot area.
(10)
Flag lots. No flag lots shall be permitted
unless they meet the following standards:
[Added 10-11-1989 by L.L. No. 1-1989]
(a)
The minimum lot area of flag lots, exclusive
of the access strip, shall be twice the minimum lot area otherwise
required.
(b)
Driveways to flag lots shall not exceed 10%
in grade.
(c)
Driveways to flag lots shall not be less than
15 feet in width.
(d)
Only one flag lot per subdivision plat shall
be permitted.
(e)
No flag lots shall be permitted on subdivision
plats of four lots or more.
(f)
Flag lots shall be prohibited on interstates,
parkways, state roads, county roads and the following heavily used
Town roads:
Road
| |
---|---|
Ardsley Road
| |
Benedict Avenue
| |
Chatterton Parkway
| |
Fort Hill Road
| |
Hartsdale Road
| |
Hillcrest Road
| |
Juniper Hill Road
| |
Manhattan Avenue
| |
Old Army Road
| |
Old Kensico Road
| |
Old Knollwood Road
| |
Old Tarrytown Road
| |
Payne Street
| |
Peter Bont Road
| |
Ridge Road
| |
Secor Road
| |
Sprain Road
| |
Sprain Valley Road
| |
Stadium Road
| |
Taxter Road
| |
Underhill Road
| |
Worthington Road
|
(g)
Flag lots shall only be permitted for single-family
dwellings.
(h)
This subsection shall not apply to flag lots
created prior to January 1, 1929.
(i)
This subsection shall not apply to flag lots
created by legal subdivision plat filed prior to the effective date
of this subsection.
(j)
This subsection shall not apply to flag lots
created by legal subdivision plat pursuant to subdivision applications
received in and stamped by the Department of Community Development
and Conservation on or before March 9, 1988.
(k)
This subsection shall not apply to flag lots
for which a special permit was granted by the Town Board pursuant
to an interim local law.
D.
Floor area ratio standards for one-family dwellings
in residential districts. In order to ensure the orderly and harmonious
development of the Town, to preserve neighborhood character by requiring
houses to appear to be of the same or similar scale to other dwellings
in the neighborhood; to minimize negative visual impacts and diminution
of open space; and to not unduly tax local services, the Town hereby
establishes maximum floor area ratio (FAR) standards for one-family
dwellings in residential districts.
[Added 6-11-2003 by L.L. No. 5-2003]
(1)
Affected zoning districts. The floor area ratio limitations
set forth in this subsection apply to one-family dwellings in the
following zoning districts: R-40, R-30, R-20, R-15, R-10, R-7.5, R-5.
(2)
Floor area ratio limitations.
(a)
The floor area ratio limitations are as follows:
Minimum Lot Size
(square feet)
|
But less than
(square feet)
|
Maximum
FAR
|
Maximum Floor Area
(square feet)
| |
---|---|---|---|---|
5,000
|
5,500
|
0.45000
|
2,250
| |
5,500
|
6,000
|
0.43000
|
2,365
| |
6,000
|
6,500
|
0.41000
|
2,460
| |
6,500
|
7,000
|
0.39000
|
2,535
| |
7,000
|
7,500
|
0.37000
|
2,590
| |
7,500
|
8,000
|
0.35000
|
2,625
| |
8,000
|
8,500
|
0.34500
|
2,760
| |
8,500
|
9,000
|
0.34000
|
2,890
| |
9,000
|
9,500
|
0.33500
|
3,015
| |
9,500
|
10,000
|
0.33000
|
3,135
| |
10,000
|
10,500
|
0.32500
|
3,250
| |
10,500
|
11,000
|
0.32000
|
3,360
| |
11,000
|
11,500
|
0.31500
|
3,465
| |
11,500
|
12,000
|
0.31000
|
3,565
| |
12,000
|
12,500
|
0.30500
|
3,660
| |
12,500
|
13,000
|
0.30000
|
3,750
| |
13,000
|
13,500
|
0.29500
|
3,835
| |
13,500
|
14,000
|
0.29000
|
3,915
| |
14,000
|
14,500
|
0.28500
|
3,990
| |
14,500
|
15,000
|
0.28000
|
4,060
| |
15,000
|
15,500
|
0.27500
|
4,125
| |
15,500
|
16,000
|
0.27250
|
4,224
| |
16,000
|
16,500
|
0.27000
|
4,320
| |
16,500
|
17,000
|
0.26750
|
4,414
| |
17,000
|
17,500
|
0.26500
|
4,505
| |
17,500
|
18,000
|
0.26250
|
4,594
| |
18,000
|
18,500
|
0.26000
|
4,680
| |
18,500
|
19,000
|
0.25750
|
4,764
| |
19,000
|
19,500
|
0.25500
|
4,845
| |
19,500
|
20,000
|
0.25250
|
4,924
| |
20,000
|
20,500
|
0.25000
|
5,000
| |
20,500
|
21,000
|
0.24750
|
5,074
| |
21,000
|
21,500
|
0.24500
|
5,145
| |
21,500
|
22,000
|
0.24250
|
5,214
| |
22,000
|
22,500
|
0.24000
|
5,280
| |
22,500
|
23,000
|
0.23750
|
5,344
| |
23,000
|
23,500
|
0.23500
|
5,405
| |
23,500
|
24,000
|
0.23250
|
5,464
| |
24,000
|
24,500
|
0.23000
|
5,520
| |
24,500
|
25,000
|
0.22750
|
5,574
| |
25,000
|
25,500
|
0.22500
|
5,625
| |
25,500
|
26,000
|
0.22250
|
5,674
| |
26,000
|
26,500
|
0.22000
|
5,720
| |
26,500
|
27,000
|
0.21750
|
5,764
| |
27,000
|
27,500
|
0.21500
|
5,805
| |
27,500
|
28,000
|
0.21250
|
5,844
| |
28,000
|
28,500
|
0.21000
|
5,880
| |
28,500
|
29,000
|
0.20750
|
5,914
| |
29,000
|
29,500
|
0.20500
|
5,945
| |
29,500
|
30,000
|
0.20250
|
5,974
| |
30,000
|
30,500
|
0.20000
|
6,000
| |
30,500
|
31,000
|
0.19875
|
6,062
| |
31,000
|
31,500
|
0.19750
|
6,123
| |
31,500
|
32,000
|
0.19625
|
6,182
| |
32,000
|
32,500
|
0.19500
|
6,240
| |
32,500
|
33,000
|
0.19375
|
6,297
| |
33,000
|
33,500
|
0.19250
|
6,353
| |
33,500
|
34,000
|
0.19125
|
6,407
| |
34,000
|
34,500
|
0.19000
|
6,460
| |
34,500
|
35,000
|
0.18875
|
6,512
| |
35,000
|
35,500
|
0.18750
|
6,563
| |
35,500
|
36,000
|
0.18625
|
6,612
| |
36,000
|
36,500
|
0.18500
|
6,660
| |
36,500
|
37,000
|
0.18375
|
6,707
| |
37,000
|
37,500
|
0.18250
|
6,753
| |
37,500
|
38,000
|
0.18125
|
6,797
| |
38,000
|
38,500
|
0.18000
|
6,840
| |
38,500
|
39,000
|
0.17875
|
6,882
| |
39,000
|
39,500
|
0.17750
|
6,923
| |
39,500
|
40,000
|
0.17625
|
6,962
| |
40,000
|
40,500
|
0.17500
|
7,000
| |
40,500
|
41,000
|
0.17450
|
7,067
| |
41,000
|
41,500
|
0.17400
|
7,134
| |
41,500
|
42,000
|
0.17350
|
7,200
| |
42,000
|
42,500
|
0.17300
|
7,266
| |
42,500
|
43,000
|
0.17250
|
7,331
| |
43,000
|
43,500
|
0.17200
|
7,396
| |
43,500
|
44,000
|
0.17150
|
7,460
| |
44,000
|
44,500
|
0.17100
|
7,524
| |
44,500
|
45,000
|
0.17050
|
7,587
| |
45,000
|
45,500
|
0.17000
|
7,650
| |
45,500
|
46,000
|
0.16950
|
7,712
| |
46,000
|
46,500
|
0.16900
|
7,774
| |
46,500
|
47,000
|
0.16850
|
7,835
| |
47,000
|
47,500
|
0.16800
|
7,896
| |
47,500
|
48,000
|
0.16750
|
7,956
| |
48,000
|
48,500
|
0.16700
|
8,016
| |
48,500
|
49,000
|
0.16650
|
8,075
| |
49,000
|
49,500
|
0.16600
|
8,134
| |
49,500
|
50,000
|
0.16550
|
8,192
| |
50,000
|
50,500
|
0.16500
|
8,250
| |
50,500
|
51,000
|
0.16450
|
8,307
| |
51,000
|
51,500
|
0.16400
|
8,364
| |
51,500
|
52,000
|
0.16350
|
8,420
| |
52,000
|
52,500
|
0.16300
|
8,476
| |
52,500
|
53,000
|
0.16250
|
8,531
| |
53,000
|
53,500
|
0.16200
|
8,586
| |
53,500
|
54,000
|
0.16150
|
8,640
| |
54,000
|
54,500
|
0.16100
|
8,694
| |
54,500
|
55,000
|
0.16050
|
8,747
| |
55,000
|
55,500
|
0.16000
|
8,800
| |
55,500
|
56,000
|
0.15950
|
8,852
| |
56,000
|
56,500
|
0.15900
|
8,904
| |
56,500
|
57,000
|
0.15850
|
8,955
| |
57,000
|
57,500
|
0.15800
|
9,006
| |
57,500
|
58,000
|
0.15750
|
9,056
| |
58,000
|
58,500
|
0.15700
|
9,106
| |
58,500
|
59,000
|
0.15650
|
9,155
| |
59,000
|
59,500
|
0.15600
|
9,204
| |
59,500
|
60,000
|
0.15550
|
9,252
| |
60,000
|
60,500
|
0.15500
|
9,300
| |
60,500
|
61,000
|
0.15450
|
9,347
| |
61,000
|
61,500
|
0.15400
|
9,394
| |
61,500
|
62,000
|
0.15350
|
9,440
| |
62,000
|
62,500
|
0.15300
|
9,486
| |
62,500
|
63,000
|
0.15250
|
9,531
| |
63,000
|
63,500
|
0.15200
|
9,576
| |
63,500
|
64,000
|
0.15150
|
9,620
| |
64,000
|
64,500
|
0.15100
|
9,664
| |
64,500
|
65,000
|
0.15050
|
9,707
| |
65,000
|
65,500
|
0.15000
|
9,750
| |
65,500
|
66,000
|
0.14950
|
9,792
| |
66,000
|
66,500
|
0.14900
|
9,834
| |
66,500
|
67,000
|
0.14850
|
9,875
| |
67,000
|
67,500
|
0.14800
|
9,916
| |
67,500
|
68,000
|
0.14750
|
9,956
| |
68,000
|
68,500
|
0.14700
|
9,996
| |
68,500
|
69,000
|
0.14650
|
10,035
| |
69,000
|
69,500
|
0.14600
|
10,074
| |
69,500
|
70,000
|
0.14550
|
10,112
| |
70,000
|
70,500
|
0.14500
|
10,150
| |
70,500
|
71,000
|
0.14450
|
10,187
| |
71,000
|
71,500
|
0.14400
|
10,224
| |
71,500
|
72,000
|
0.14350
|
10,260
| |
72,000
|
72,500
|
0.14300
|
10,296
| |
72,500
|
73,000
|
0.14250
|
10,331
| |
73,000
|
73,500
|
0.14200
|
10,366
| |
73,500
|
74,000
|
0.14150
|
10,400
| |
74,000
|
74,500
|
0.14100
|
10,434
| |
74,500
|
75,000
|
0.14050
|
10,467
| |
75,000
|
75,500
|
0.14000
|
10,500
| |
75,500
|
76,000
|
0.13950
|
10,532
| |
76,000
|
76,500
|
0.13900
|
10,564
| |
76,500
|
77,000
|
0.13850
|
10,595
| |
77,000
|
77,500
|
0.13800
|
10,626
| |
77,500
|
78,000
|
0.13750
|
10,656
| |
78,000
|
78,500
|
0.13700
|
10,686
| |
78,500
|
79,000
|
0.13650
|
10,715
| |
79,000
|
79,500
|
0.13600
|
10,744
| |
79,500
|
80,000
|
0.13550
|
10,772
| |
80,000
|
80,500
|
0.13500
|
10,800
| |
80,500
|
81,000
|
0.13450
|
10,827
| |
81,000
|
81,500
|
0.13400
|
10,854
| |
81,500
|
82,000
|
0.13350
|
10,880
| |
82,000
|
82,500
|
0.13300
|
10,906
| |
82,500
|
83,000
|
0.13250
|
10,931
| |
83,000
|
83,500
|
0.13200
|
10,956
| |
83,500
|
84,000
|
0.13150
|
10,980
| |
84,000
|
84,500
|
0.13100
|
11,004
| |
84,500
|
85,000
|
0.13050
|
11,027
| |
85,000
|
85,500
|
0.13000
|
11,050
| |
85,500
|
86,000
|
0.12950
|
11,072
| |
86,000
|
86,500
|
0.12900
|
11,094
| |
86,500
|
87,000
|
0.12850
|
11,115
| |
87,000
|
87,500
|
0.12800
|
11,136
| |
87,500
|
88,000
|
0.12750
|
11,156
| |
88,000
|
88,500
|
0.12700
|
11,176
| |
88,500
|
89,000
|
0.12650
|
11,195
| |
89,000
|
89,500
|
0.12600
|
11,214
| |
89,500
|
90,000
|
0.12550
|
11,232
| |
90,000
|
90,500
|
0.12500
|
11,250
| |
90,500
|
91,000
|
0.12450
|
11,267
| |
91,000
|
91,500
|
0.12400
|
11,284
| |
91,500
|
92,000
|
0.12350
|
11,300
| |
92,000
|
92,500
|
0.12300
|
11,316
| |
92,500
|
93,000
|
0.12250
|
11,331
| |
93,000
|
93,500
|
0.12200
|
11,346
| |
93,500
|
94,000
|
0.12150
|
11,360
| |
94,000
|
94,500
|
0.12100
|
11,374
| |
94,500
|
95,000
|
0.12050
|
11,387
| |
95,000
|
95,500
|
0.12000
|
11,400
| |
95,500
|
96,000
|
0.11950
|
11,412
| |
96,000
|
96,500
|
0.11900
|
11,424
| |
96,500
|
97,000
|
0.11850
|
11,435
| |
97,000
|
97,500
|
0.11800
|
11,446
| |
97,500
|
98,000
|
0.11750
|
11,456
| |
98,000
|
98,500
|
0.11700
|
11,466
| |
98,500
|
99,000
|
0.11650
|
11,475
| |
99,000
|
99,500
|
0.11600
|
11,484
| |
99,500
|
100,000
|
0.11550
|
11,492
| |
100,000
|
-
|
0.11500
|
11,500
|
(b)
For a parcel greater than 100,000 square feet
in size, a special permit shall be required from the Planning Board
if the proposed residential floor area for a one-family dwelling exceeds
11,500 square feet.
(3)
Standards for a special permit.
(a)
General standards. The Planning Board shall
review the proposed dwelling in the context of its location and size
on the lot, the size of the lot in relation to the dwelling and the
location of the lot with respect to streets giving access to it, to
ensure that the proposed dwelling will be in harmony with the appropriate
and orderly development of the neighborhood in which it is located.
(b)
Specific standards. In reviewing such special
permit applications, the Planning Board shall attach such additional
conditions and safeguards to any special permit as are, in its opinion,
necessary to ensure initial and continual conformance to all applicable
standards and requirements of this or other applicable codes and will
ensure the following:
[1]
The location, nature and height of the proposed
dwelling and any walls and fences, and the nature and extent of existing
or proposed buffer screening areas on the site, are such that the
special permit use will not hinder or discourage the appropriate development
and use of adjacent land and buildings;
[2]
The proposed dwelling shall be so located on
the lot involved that it shall not impair the use, enjoyment and value
of adjacent residential properties; and
[3]
The proposed dwelling will not create any adverse
visual impacts to surrounding or adjoining properties and structures
thereon.
E.
Limitations on development of property affected by
steep slopes and wetlands.
[Added 6-11-2003 by L.L. No. 6-2003]
(1)
Findings and legislative intent. It is the intent of this section to further the goals of Chapter 280,[3] and new Chapter 245[4] as enacted in 2003. The following density calculations,
by limiting development on parcels affected by environmentally sensitive
features, are intended to protect these features and to prevent improper
damage to and alteration of steep slopes, wetlands and watercourses.
It is not the intention of this subsection to render presently conforming
lots nonconforming; rather, the calculation of buildable area set
forth herein is intended to limit the area of such lots which can
be developed if environmentally sensitive features are present thereon.
(2)
Calculation. In calculating buildable area, the lot
area of a given parcel shall be reduced by the sum of:
(3)
Density calculations for multifamily districts. In
multifamily districts, the number of dwelling units permitted shall
be calculated by dividing the buildable area by the minimum square
footage per unit requirement set forth in the multifamily district
in which the proposed development is located.
A.
Use.
(1)
Nothing in this chapter shall be deemed to prohibit
the following accessory and incidental uses, in addition to those
specified elsewhere in this chapter.
(a)
Customary recreational, refreshment and service
uses and buildings in any public park, public playground or other
public recreational area where such use or buildings are incidental
to the recreational use of such area.
(b)
The dumping or depositing of earth or rock
as fill in quantities measuring less than 100 cubic yards, provided
that such activity does not detrimentally impact the drainage on adjacent
parcels. Any fill operation involving 100 cubic yards, or more, of
new fill consisting of earth or rock, or of other types of fill in
any quantity, shall be subject to a permit issued by the Town Engineer
upon a showing by the applicant, by competent evidence, that the proposal
to deposit fill will not create an adverse environmental or aesthetic
impact, after completion of the work, that is inconsistent with the
surrounding environment.
[Amended 10-27-1999 by L.L. No. 7-1999]
[1]
As a condition of any permit the Town Engineer
may require:
[a]
Restoration and/or landscaping
upon completion.
[b]
Completion within a definite, specific
time period.
[c]
A cash deposit or letter of credit
to insure completion and compliance with all applicable laws, rules
and regulations.
[d]
A description of the type and nature
of material proposed to be used.
[e]
Documentation regarding the source
of the material.
[f]
Water sampling.
[g]
A topographic map of the site showing
both existing and proposed grades.
[h]
A plan for rodent, pest and/or
insect control.
[i]
Any other conditions reasonably
related to the proposal and intended to preserve, protect and promote
the health, safety and welfare of the community.
[2]
In addition to any permit condition, the applicant
shall pay an application fee and, if issued a permit, a reasonable
inspection fee calculated to reflect the actual cost of monitoring
compliance with this section and any other applicable law rule or
regulation.
(c)
Permit procedure. When a permit is required to dump or deposit fill pursuant to § 285-40A(1)(b), the applicant shall file an application on a form promulgated by the Town Engineer, together with such additional materials, set forth in § 285-40A(1)(b)[a] through [i], as the Town Engineer may require, and any application fee which may be established by the Town Board. When the Town Engineer makes a determination that a fill application has been made and the application is suitable for approval, letters shall be sent to all property owners within 100 feet of the site to be filled and to the Town Board, informing the neighbors of the proposed action and requesting that any comments or objections be forwarded to the Town Engineer within seven calendar days. At the conclusion of this comment period, the Town Engineer will render a decision on the application. If the decision is to issue a permit, such decision may include conditions designed to mitigate concerns expressed by interested parties during the comment period. The Town Engineer may extend the comment period at his discretion if new issues affect the proposal. After a final decision has been made by the Town Engineer regarding a fill permit, notification of such decision will be made to all parties who have commented. If no comments or objections have been received, the decision on the permit shall be effective immediately. If the Town Engineer receives comments or objections from adjacent or nearby property owners, the decision or permit shall not be effective until at least 10 days after the decision has been sent to the parties receiving notice hereunder. Any person aggrieved or affected by the decision of the Town Engineer shall have the right, within 10 calendar days of the decision, to appeal the decision to the Town Board. If no appeal is made within the ten-day period, the decision on the permit shall be effective immediately. If the decision is appealed to the Town Board, the decision shall be stayed until the Town Board has reached a decision.
[Added 10-27-1999 by L.L. No. 7-1999]
(d)
The Town Attorney is hereby authorized to apply
for a court order seeking injunctive relief against any dumping or
land fill activity, regardless of size, upon showing a violation of
any local, state or federal rule, regulation or law.
[Added 10-27-1999 by L.L. No. 7-1999]
(e)
Notwithstanding any other provision of law and
regardless of size, where any landfill is located in a residential
zone, deliveries to the site and the operation of any machinery in
connection with the landfill before 9:00 a.m. are prohibited.
[Added 10-27-1999 by L.L. No. 7-1999]
(f)
Regardless of size, the Town Engineer may require
either the property owner or the operator of any fill site to institute
a plan for rodent, pest or insect control, as circumstances warrant.
[Added 10-27-1999 by L.L. No. 7-1999]
(g)
In accordance with 6 NYCRR 217-3.2, no diesel
engine used to power or operate any machinery used in connection with
any land fill operation, regardless of size, shall idle for more than
five consecutive minutes when the machinery is not in motion, unless
otherwise permitted by law.
[Added 10-27-1999 by L.L. No. 7-1999]
(2)
The following requirements shall apply to each corner
lot situated in a nonresidential district when such lot abuts at the
street line upon a residence district lying within a distance of 200
feet from the corner of such lot:
(a)
Along the side of such corner lot abutting upon
a residence district, there shall be a side yard, the width of which
shall be not less than 50% of the depth of the required front yard
of the adjoining residence district.
(b)
The rear of any business or industrial building
or structure erected on such corner lot shall be not less than 50
feet from its rear lot line separating such lot from the adjoining
property in a residence district.
(3)
The Town Board may grant, pursuant to the provisions of § 285-10A(4) of this chapter, a special permit for the construction of steel towers not in excess of 150 feet in height on any real property owned or leased by a public utility company or over which it has an easement for the purpose of transmission lines of such utility company; provided, however, that no such special permit shall be granted until the Town Board shall have received from the Planning Board a report and recommendation with respect to the size, design, construction and number of such steel towers.
(4)
Where a lot lying in a nonresidential district extends from a street frontage lying in a nonresidential district back to a street the other side of which lies in a one-family residence district (which street shall be hereinafter referred to as a "residential street"), no business or industrial building or structures shall be constructed or erected on such lot so as to front upon such residential street. Within such lot lying in a nonresidential district and fronting along such residential street, there shall be a suitably landscaped strip containing a shrubbery screen, which strip shall be not less than 15 feet in width unless a larger minimum width is specified elsewhere in this chapter. Said buffer shall comply with all the requirements for a landscaped strip and shrubbery screen as set forth in § 285-38 of this chapter. Where the elevation of the residential street is 10 or more feet above that of the other street on which a business or industrial use may front, a dwelling to the rear of or above such permitted business or industrial use, to the extent otherwise permitted under this chapter, may front upon such residential street, provided that:
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(a)
Such dwelling shall be set back from and thus
provide a front yard facing upon such residential street equal in
depth to the front yard required for one-family dwellings on the opposite
side of such residential street.
(b)
Parking space required for such residential use may be within such required setback area, or in a side yard appurtenant thereto, or within an off-street parking area adjacent to that provided for such business or industrial use, provided that there is a suitably landscaped strip containing a shrubbery screen both along the residential street frontage as required above and along any side lot line as required in § 285-38C(3) of this chapter.
(c)
The height of any residential portion of any
building or structure above the grade of the residential street shall
not exceed that permitted for one-family dwellings on the opposite
side of such residential street.
(5)
If the side lot line or rear lot line of any lot lying in a business or industrial district adjoins a residence district, such lot shall not be used for any purpose unless there is provided for, along such side lot line or rear lot line, a landscaped strip of at least 10 feet in width containing a shrubbery screen as required in § 285-38 of this chapter.
B.
Height.
(1)
Towers, gables, scenery lofts, cupolas, water tanks
and similar structures and necessary mechanical appurtenances may
be erected on the roof of a building to a height greater than the
limit for the district in which such building is located, provided
that:
[Amended 11-9-1994 by L.L. No. 9-1994]
(a)
The aggregate of such structures and appurtenances
shall not cover at any level more than 15% of the area of the roof
on which they are located, except that for offices or agencies for
scientific research or technical development, or for laboratories,
the aggregate of such structures and appurtenances shall not cover
more than 80% of the area of the roof on which they are located.
(b)
No such structures or appurtenances shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted use of the principal building or as may be permitted for antenna installations in § 285-37.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(c)
No such structure or appurtenances shall extend
more than 15 feet above the roof without the approval of the Zoning
Board of Appeals, except that, for offices or agencies for scientific
research or technical development or for laboratories, such structures
shall not extend more than 30 feet above the roof without the approval
of said Board.
(d)
Such structures or appurtenances shall be arranged
on the roof in such manner as to minimize the number of separate locations
to the greatest extent practicable and shall be screened from view
in such manner as deemed appropriate by the approving board.
(2)
The height limitation of this chapter shall not apply to parapet walls three feet or less, chimneys, church spires, belfries, solar panels, standpipes, water towers, electric and telephone utility poles, flagpoles or monuments. Antenna(s) height shall conform to § 285-37.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(3)
In any district, a public or quasi-public building,
school, church, hospital or other institutional building permitted
in such district may be erected to a height not exceeding 75 feet,
provided that the front, rear and side yards of the lot or parcel
on which it is situated shall each be increased one foot for each
one foot by which such building exceeds the height limit established
in the schedule for such district.
(4)
Unless otherwise specified, the height of any accessory
building or structure shall not be greater than 12 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
(5)
In the M-6, M-10, M-14, M-22, M-25 and M-174 Multifamily
Residence Districts, the Town Board, by special permit, may allow
an increase of one additional story above the maximum number of stories
otherwise allowed, provided that the following criteria are met:
(a)
The maximum height of the buildings in feet
shall not exceed the maximum height in feet otherwise allowed for
the district.
(b)
The maximum amount of coverage allowed shall
be reduced by an amount to be determined by the Town Board and to
be made a condition of the special permit.
(c)
The rooflines, facade and other design elements
of the buildings shall be in character with the surroundings and shall
emphasize the residential nature of the buildings.
(d)
The visual impact of the buildings shall not
be detrimental to the community, particularly in relation to scenic
vistas, ridgelines and hillsides.
C.
Lot and yards.
(1)
The following features may extend into any required
front yard, not to exceed the distance specified:
(a)
Cornices, canopies, eaves or any similar features,
none of which is less than 10 feet above grade: three feet.
(b)
A deck with its floor level no higher than that
of the entrance to the building: five feet. A railing no higher than
three feet may be placed around such deck.
[Amended 7-8-1987 by L.L. No. 3-1987]
(c)
A chimney: two feet.
(2)
The above-listed features may also extend into any
required side or rear yard the same distance that they are herein
permitted to extend into any required front yard, and an outside stairway
or fire escape may extend into any required side or rear yard, except
that no deck or outside stairway or fire escape shall project more
than four feet into any required side yard nor be closer than five
feet to any side lot line, and an outside stairway or fire escape
may extend into any required side yard only if the same is unroofed
and unenclosed above and below the steps thereof.
[Amended 7-8-1987 by L.L. No. 3-1987]
(3)
If there are buildings fronting on the same side of
the street between intersecting streets and within 200 feet on either
or both sides of the lot for which a building permit for a new building
is sought, the depth of the front yard required for such new building
shall be the average depth of the front yards of the two buildings
nearest to it, except that no front yard need be greater than the
applicable front yard in the district in which such new building is
situated.
(4)
If any accessory building is attached to the principal
building, except by a breezeway or roofed passageway with open or
latticed sides, it shall comply in all respects with the requirements
of this chapter applicable to the principal building.
(5)
Except as provided elsewhere in this chapter, the
yard requirements of this chapter shall not be deemed to prohibit
any otherwise lawful fence or wall, provided that in any one-family
residence district, no fence or wall shall exceed six feet in height
in any front or side yard nor eight feet in height in any rear yard.
[Amended 7-8-1987 by L.L. No. 3-1987]
(6)
Any parcel of land having access to a street shown
on the Official Map of the Town and having an area or frontage width
less than that prescribed for the district in which such parcel is
situated may be used as a lot for any purpose permitted in such district,
provided that all of the following requirements are met:
(a)
Such parcel has an area of at least 50% of the
area and a frontage width of at least 50% of the frontage width required
for the district.
(b)
Such parcel was under one ownership at the time
of the effective date of this chapter and the owner thereof at that
time did not then own and has at no time since then owned any land
adjoining such parcel.
(c)
Each owner of such parcel subsequent to the
effective date of this chapter has not, subsequent to said effective
date, owned any land adjoining such parcel.
(d)
Such parcel was not at any time reduced in area
or width by any voluntary act of an owner thereof so as to be nonconforming
as to size under the then existing Zoning Ordinance of the Town.
(e)
All requirements of this chapter other than those concerning lot area and yards are fulfilled. Such requirement may be varied or modified by a variance duly applied for and granted by the Board of Appeals pursuant to the provisions of Article VII of this chapter on the ground of practical difficulties or unnecessary hardship, in which case all the terms and conditions set forth in such variance shall be complied with. In considering an application for a variance hereunder, the Board of Appeals shall be guided by the following principles for purposes of determining minimum sizes of yards and accessory uses:
[1]
Front yard depth of such parcel shall approximate
the average depth of front yards of lots lying on the same side of
the street on which such parcel fronts or should be not less than
20% of the average depth of such parcel.
[2]
Side yards of the parcel may be reduced proportionately
in accordance with the ratio which the actual width of such parcel
bears to the minimum lot width required under the schedule, except
that in any event one side yard with a minimum width of eight feet
shall be provided to afford access to the rear yard, and the other
side yard may be reduced accordingly, but it shall not be less than
four feet in width.
[3]
The rear yard of the parcel should approximate
25% of the average depth of such parcel and be not less than 20 feet
in any event.
[4]
No accessory buildings shall be permitted on
a parcel having less than the required minimum area, but accessory
uses may be provided for in the principal building.
(7)
When the rear yard of a corner lot lying in any one-family
residence district adjoins the front yard of a lot to the rear thereof
lying in a one-family residence district (which rear lot shall be
hereafter referred to as the "rear lot"), any accessory building on
such corner lot if not attached to the principal building shall not
be nearer to the street line on the street which the rear lot faces
than twice the minimum distance of the front yard setback in the adjacent
residential district.
(8)
A parcel of land existing at the time of the effective
date of this chapter and lacking the required lot width as specified
for the district in which such parcel is situated may be used for
the construction or erection of a one-family dwelling, provided that
all of the following requirements are met:
[Amended 7-8-1987 by L.L. No. 3-1987]
(a)
Such parcel is situated in a residence district
or a business district, and a one-family dwelling is permitted in
the district in which such parcel is situated.
(b)
It shall have access to a street, which access
shall not exceed 300 feet in length or be less than 25 feet in width
throughout its entire length.
(c)
The area of such parcel, excluding the land
lying within any access strip, shall not be less than that specified
for the district in which such parcel is situated.
(d)
The maximum coverage of land by buildings, excluding
the land lying within any access strip, shall not be more than that
specified for the district in which such parcel is situated.
(e)
The minimum width and depth of any front or
rear yard and the minimum width of any side yard, measured in every
case from the nearest points of such one-family dwelling to the nearest
points on any front, side or rear lot line, exclusive of any land
lying in any easement of access, shall not be less than the respective
minimum yard dimensions set forth in the district in which such parcel
is situated.
(f)
The minimum distances from the nearest point
of any accessory building or off-street parking area to any principal
building and lot line, as set forth in the district in which such
parcel is situated, shall be complied with.
(g)
All other requirements set forth in the schedule
with respect to such one-family dwelling in such district are complied
with.
(h)
Such parcel was not at any time reduced in area
or width by any voluntary act of an owner thereof so as to be nonconforming
as to size under the then existing Zoning Ordinance of the Town.
(9)
Slope.
(a)
For lots created prior to January 1, 1987,
where the natural slope of the ground of a lot, as shown by the contours
of a topographic survey submitted with an application for site plan
approval or building permit, measured from the front lot line to the
midpoint of the lot or to the rear lot line, whichever yields the
greater slope, exceeds a grade of one foot in six feet, the required
front yard for such lot as set forth in the schedule may be reduced
as follows:
[Amended 7-8-1987 by L.L. No. 3-1987]
[1]
Where the slope exceeds one foot in three feet,
the required front yard may be reduced to not more than 1/2 thereof.
[2]
Where the slope exceeds one foot in four feet
but is less than one foot in three feet, the required front yard may
be reduced to not more than 1/3 thereof.
[3]
Where the slope exceeds one foot in five feet
but is less than one foot in four feet, the required front yard may
be reduced to not more than 1/4 thereof.
[4]
Where the slope exceeds one foot in six feet
but is less than one foot in five feet, the required front yard may
be reduced to not more than 1/5 thereof.
(b)
Where the natural slope of the ground of a lot, as shown by the contours of a topographical map submitted with an application for site plan approval or building permit, measured from one side lot line to the other or from one side lot line to the midpoint of such lot, whichever yields the greater slope, exceeds a grade of one foot in four feet, one required side yard may be reduced to not more than 1/3 thereof, provided that such reduction shall not impair the minimum angle of light required in § 285-39B of this chapter, and provided that the other side yard is increased accordingly.
(10)
The Town Board may grant a special permit to
property owners who, at the Town's request, transfer land to the New
York State Department of Transportation, the Town or any other governmental
agency or municipality for highway-widening purposes when such owner
has waived all rights to compensation therefor, said special permit
providing that specified setback, density and other similar bulk and
location zoning requirements shall be calculated as if the transferred
land had been retained. This provision shall apply to pending and
to previously approved site plans. No special permit shall be granted
unless the following findings are made by the Town Board concerning
the particular application:
[Added 7-8-1987 by L.L. No. 3-1987]
(a)
That, at the Town's request, the owner has transferred
or has offered to transfer land to the New York State Department of
Transportation, the Town or any other governmental agency or municipality
for highway-widening purposes.
(b)
That such transfer is for a public purpose and
is in the public interest.
(c)
That such owner has waived all rights to compensation
with respect to the land transferred or to be transferred.
[Added 7-8-1987 by L.L. No. 3-1987; amended 9-11-1996 by L.L. No. 9-1996]
A.
Applicability; purposes.
[Amended 12-18-2008 by L.L. No. 8-2008; 9-27-2017 by L.L. No. 4-2017]
(1)
This section shall apply to all new multifamily developments in the
following districts: M-6, M-10, M-14, M-22, M-25 and M-SH-62. This
section shall also apply to all new multifamily developments in the
M-174, CA, and UR districts, substituting the term "workforce" for
"affordable."
(2)
This section shall not apply to any multifamily development
which has received site plan approval prior to the effective date
of Local Law No. 9-1996.
(3)
It is the purpose of this section to improve the public welfare by requiring the construction, in new multifamily housing developments, of affordable housing units comprising 10% of the total number of units for persons meeting the income criteria as set forth in the definition of "affordable housing," § 285-5.
C.
Affordable housing.
(1)
All multifamily housing developments shall provide
for the following affordable housing:
(a)
Ten percent of all units in new multifamily housing developments shall meet the definition of "affordable housing" as set forth in § 285-5 of this chapter.
(b)
Affordable units shall generally be distributed
evenly throughout the development, though the Planning Board may use
discretion in reviewing and approving distribution.
(c)
The exterior appearance of affordable units
shall not distinguish them as a class from other units.
(d)
The developer and or the rental agent, condominium
or cooperative board, as appropriate, shall annually certify to the
satisfaction of the Town Board that the requisite number of rental
affordable units have been assigned to income eligible tenants and
that any new tenants of affordable units meet the income guidelines
in effect when said new tenants take occupancy. Annual certifications
shall include unit designations and occupant names and shall be signed
by the owner or president of the cooperative or condominium board,
as appropriate, and a certified public accountant.
(e)
For-sale affordable housing units shall not
be resold for more than the amount that, at the then-prevailing interest
rates, will result in a unit cost meeting the affordable standards
set herein. For purposes of calculating affordability, payment of
principal and interest shall be calculated on 90% of the sale amount.
All resales shall be to buyers qualified by the condominium or cooperative
board, as appropriate, to the Town Board or its designee.
(f)
The Town Board may designate such additional
person(s), authorities and procedures as necessary to monitor compliance
with the provisions of this section.
(g)
At the discretion of the Town Board and upon
showing of good cause, affordable housing requirements for special
populations may be waived. Said populations shall include the handicapped,
infirm or seniors when such housing is independent-living, congregate-care
or nursing-home or such other housing for special populations that
the Town Board recognizes.
(2)
When a multifamily development contains 20% or more
affordable units, the Town Board, Planning Board and/or Zoning Board
may:
(a)
Waive certain application fees for applicants
proposing to build affordable housing units in the Town of Greenburgh;
(b)
Consider increased zoning densities in multifamily
zones up to but not to exceed 10% of otherwise allowable housing units;
(c)
Consider such other forms of assistance which
may be under the control of the Town; and
(d)
Actively assist in obtaining assistance of federal,
state or other agencies in support of affordable housing development.