[Added 1-9-2018 by L.L.
No. 1-2018[1]]
B.
Permitted accessory uses:
C.
D.
F.
Gross floor area.
(1)
Maximum gross floor area of a main building shall be calculated
as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area - 21,780) * 0.11478421]
|
(2)
In calculating gross floor area for one- and two-family homes,
any attic space or other space immediately above a garage with a height
of seven feet or greater, measured from the finished floor up to the
underside of the rafters and the distance between the existing or
theoretical five-foot-high knee wall greater than seven feet, shall
be counted in the gross floor area calculation.
H.
Minimum yard dimensions:
(1)
Front: 55 feet, unless the actual front yard dimensions of the
existing residential main buildings on lots abutting on either side
of the proposed main building are greater than 55 feet, in which case
the minimum front yard dimension shall be determined as follows:
(a)
Interior.
[1]
In the event that the existing main building is set back less than 100 feet, the minimum front yard dimension of the proposed main building shall be the average of the actual front yard dimension of the closest lot with an existing main building located on each side of the proposed structure as illustrated in the Interior Lot Diagram included as an attachment to this chapter, except that the new front yard dimension must be no less than the existing front yard dimension; or
[2]
In the event that the existing main building is
set back 100 feet or more, the minimum front yard dimension of the
proposed main building shall be the average of the actual front yard
dimension of the subject lot and the closest lot with an existing
main building located on each side of the proposed structure fronting
on the same side of the street.
(b)
Corner lot.
[1]
In the event that the existing main building is set back less than 100 feet, the minimum front yard dimension for each street frontage of the proposed main building shall be separately calculated to be the average of the actual front yard dimensions of the two closest lots with existing main buildings fronting on the same side of the street or rotary as the proposed structure as illustrated in the Corner Lot Diagram included as an attachment to this chapter, except that the new front yard dimension must be no smaller than the existing front yard dimension; or
[2]
In the event that the existing main building is
set back 100 feet or more, the minimum front yard dimension for each
street frontage of the proposed main building shall be separately
calculated to be the average of the actual front yard dimensions of
the subject lot together with the two closest lots with existing main
buildings fronting on the same side of the street or rotary.
(3)
Rear: 55 feet.
N.
Other provisions and requirements:
(2)
Any subdivision of land within the R-35 District shall adhere to the procedures and requirements of conservation subdivisions set forth at Village of Rye Brook Code § 219-34 and New York State Village Law § 7-738. At least 20% of the total acreage to be subdivided shall be preserved as public open space. Such public open space shall be included in the lot area used to calculate the total number of building lots or dwelling units under the conservation subdivision provisions set forth at Village Law § 7-738, Subdivision 3(b), as may be amended from time to time. The open space to be preserved shall be suitably located to be usable for passive or active recreational purposes and shall preserve nature features, scenic vistas and other environmentally sensitive areas to the greatest extent practicable, as determined by the approval authority.
[Added 9-26-2006 by L.L. No. 15-2006]
A.
Permitted principal uses: the same as in R-35 District.
[Amended 1-9-2018 by L.L.
No. 1-2018]
B.
Permitted accessory uses: the same as in R-35 District.
[Amended 1-9-2018 by L.L.
No. 1-2018]
E.
F.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
|
|
|
In calculating gross floor area for one- and
two-family homes, any attic space or other space immediately above
a garage with a height of seven feet or greater, measured from the
finished floor up to the underside of the rafters and the distance
between the existing or theoretical five-foot-high knee wall greater
than seven feet, shall be counted in the gross floor area calculation.
|
H.
Minimum front yard dimensions:
(1)
Front: 45 feet unless the actual front yard
dimensions of the existing residential main buildings on lots abutting
on either side of the proposed main building are greater than 45 feet,
in which case the minimum front yard dimension shall be determined
as follows:
[Amended 5-12-2009 by L.L. No. 5-2009]
(a)
Interior.[2]
[1]
In the event that the existing
main building is set back less than 100 feet, the minimum front yard
dimension of the proposed main building shall be the average of the
actual front yard dimension of the closest lot with an existing main
building located on each side of the proposed structure as illustrated
in the interior lot diagram set forth below, except that the new front
yard dimension must be no less than the existing front yard dimension;
or
[2]
In the event that the existing
main building is set back 100 feet or more, the minimum front yard
dimension of the proposed main building shall be the average of the
actual front yard dimension of the subject lot and the closest lot
with an existing main building located on each side of the proposed
structure fronting on the same side of the street.
[2]
Editor's Note: The Interior Lot Diagram is included as an attachment to this chapter.
(b)
Corner lot.[3]
[1]
In the event that the existing
main building is set back less than 100 feet, the minimum front yard
dimension for each street frontage of the proposed main building shall
be separately calculated to be the average of the actual front yard
dimensions of the two closest lots with existing main buildings fronting
on the same side of the street or rotary as the proposed structure
as illustrated in the corner lot diagram set forth below, except that
the new front yard dimension must be no smaller than the existing
front yard dimension; or
[2]
In the event that the existing
main building is set back 100 feet or more, the minimum front yard
dimension for each street frontage of the proposed main building shall
be separately calculated to be the average of the actual front yard
dimensions of the subject lot together with the two closest lots with
existing main buildings fronting on the same side of the street or
rotary.
[3]
Editor's Note: The Corner Lot Diagram is included as an attachment to this chapter.
(3)
Rear: 40 feet.
[Amended 5-28-1985 by L.L. No. 9-1 985; 1-9-1995 by L.L. No.
1-1995; 1-23-1996 by L.L. No. 1-1996; 4-24-1997 by L.L. No.
4-1997; 3-24-1998 by L.L. No. 2-1998; 8-26-2003 by L.L. No.
11-2003]
A.
Permitted principal uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
B.
Permitted accessory uses: the same as in the R-35 District.
[Amended 4-27-2004 by L.L. No. 5-2004; 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
E.
F.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
H.
Minimum yard dimensions:
[Amended 8-10-2004 by L.L. No. 14-2004]
(1)
Front: 40 feet unless the actual front yard dimensions
of the existing residential main buildings on lots abutting on either
side of the proposed main building are greater than 40 feet, in which
case the minimum front yard dimension shall be determined as follows:
[Amended 6-13-2006 by L.L. No. 13-2006]
(a)
When the proposed main building is located on
an interior lot, the minimum front yard dimension of the proposed
main building shall be the average of the actual front yard dimension
of the closest lot with an existing main building located on each
side of the proposed structure as illustrated in the Interior Lot
Diagram set forth below.[3]
[3]
Editor's Note: The Interior Lot Diagram is included as an attachment to this chapter.
(b)
When the proposed main building is located on
a corner lot, the minimum front yard dimension for each street frontage
of the proposed main building shall be separately calculated to be
the average of the actual front yard dimensions of the two closest
lots with existing main buildings fronting on the same side of the
street or rotary as the proposed structure as illustrated in the Corner
Lot Diagram set forth below.[4]
[4]
Editor's Note: The Corner Lot Diagram is included as an attachment to this chapter.
(3)
Rear: 40 feet.
[Amended 3-24-1998 by L.L. No. 2-1998; 8-26-2003 by L.L. No.
11-2003]
A.
Permitted principal uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
B.
Permitted accessory uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
D.
E.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
K.
Mandatory off-street loading space: none.
M.
Other provisions and requirements: the same as in
the R-20 District.
[Added 6-14-1994 by L.L. No. 7-1994;
amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No. 2-1998; 8-26-2001 by L.L. No. 11-2003]
A.
Permitted principal uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
B.
Permitted accessory uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
D.
Uses permitted at the discretion of the Planning Board pursuant to the procedure specified in Article IV, § 250-6H(1):
[Added 9-9-2014 by L.L.
No. 7-2014;[1] amended 10-13-2015 by L.L. No. 5-2015; 1-9-2018 by L.L. No. 1-2018]
(1)
The same as in the R-35 District.
(2)
Professional office space for use as offices where business
is conducted or services are provided by persons who are members of
a learned profession or require a high degree of training and proficiency
or professional certification, including, but not limited to, physicians,
surgeons, dentists, attorneys, architects, accountants, insurance
agents, appraisers, engineers, surveyors, stockbrokers, financial
advisors, real estate and mortgage brokers and planners, so long as
no goods or merchandise are manufactured, sold or exchanged, and who
are not residents of the premises, in the dwelling located at the
southerly end of Hawthorne Avenue on the east side thereof where Hawthorne
Avenue intersects Westchester Avenue, presently identified on the
Town of Rye Tax Map as Section 135.84, Block 1, Lot 4, and presently
zoned R-15A, provided that there shall not be more than two such professional
persons occupying any one dwelling, and provided further that there
shall be no hospital facilities in connection therewith in any case.
(a)
Off-street parking space shall be provided for at least three
cars for each office or suite of offices of a given tenancy or one
car for every 300 square feet of floor area used for such office purposes,
whichever is greater, and the public entrance to such professional
office and parking for such office shall be from Westchester Avenue
or Hawthorne Avenue only.
(b)
Signs, for the professional occupying the space, shall not exceed
two square feet in area, identifying a professional office.
(c)
New structures and additions, renovations or modifications to
existing structures in which a professional office is located shall
be designed to retain the residential appearance of the building to
preserve the existing residential character of the neighborhood.
E.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
K.
Mandatory off-street loading space: none.
[Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No.
2-1998; 8-26-2003 by L.L. No. 12-2003]
A.
Permitted principal uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
B.
Permitted accessory uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
D.
E.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
K.
Mandatory off-street loading space: the same as in
the R-20 District.
M.
Other provisions and requirements: the same as in
the R-20 District.
[Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No.
2-1998; 8-26-2003 by L.L. No. 11-2003]
A.
Permitted principal uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
B.
Permitted accessory uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
D.
E.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
M.
Other provisions and requirements: the same as in
the R-20 District.
[Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No.
2-1998; 8-26-2003 by L.L. No. 11-2003]
A.
Permitted principal uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
B.
Permitted accessory uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
D.
E.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
M.
Other provisions and requirements: the same as in
the R-20 District.
[Amended 1-9-1995 by L.L. No. 1-1995; 3-24-1998 by L.L. No.
2-1998; 8-26-2003 by L.L. No. 11-2003]
A.
Permitted principal uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
B.
Permitted accessory uses: the same as in the R-35 District.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
D.
E.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780,) * 0.11478421]
|
M.
Other provisions and requirements: the same as in
the R-20 District.
[Amended 2-9-1994 by L.L. No. 2-1994; 1-9-1995 by L.L. No.
1-1995; 3-24-1998 by L.L. No. 2-1998; 8-26-2003 by L.L. No.
11-2003]
B.
Permitted accessory uses:
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
D.
Uses permitted at the discretion of the Planning Board pursuant to the procedure specified in Article IV, § 250-6H(1):
[Added 9-9-2014 by L.L. No. 7-2014[1]]
(1)
Offices
for business or professional uses where no goods or merchandise are
manufactured, sold or exchanged, and employees are not residents of
the premises, located in dwellings on the northerly and southerly
side of Bowman Avenue between South Ridge Street and the Port Chester
Village boundary line, and in dwellings on the northerly and southerly
side of Westchester Avenue between North Ridge Street and the Port
Chester Village boundary line, and in dwellings on the easterly side
of South Ridge Street between Westchester Avenue and Bowman Avenue,
presently zoned R2-F, and provided further that there shall be no
hospital facilities in connection therewith in any case.
[Added 10-13-2015 by L.L.
No. 5-2015; 10-13-2020 by L.L. No. 7-2020]
(a)
No parking or storage of commercial vehicles shall be permitted on
the property at any time. There shall be no storage permitted on the
premises of non-office supplies and materials. including, but not
limited to, vehicles, tools, equipment, equipment parks, fuel and
any other non-office-related supplies. materials or items.
(b)
Off-street parking space shall be provided for at least three cars
for each office or suite of offices of a given tenancy or one car
for every 300 square feet of floor area used for such office purposes,
whichever is greater, and the public entrance to such professional
office and parking for such office shall be from Bowman Avenue, or
Westchester Avenue or South Ridge Street only.
(c)
Signs, for the professional or business occupying the space, shall
not exceed two square feet in area, identifying the office.
(d)
New structures and additions, renovations or modifications to existing
structures in which a professional office is located shall be designed
to retain the residential appearance of the building to preserve the
existing residential character of the neighborhood.
(e)
The total number of persons employed in or regularly using such offices
shall be limited to one for every 300 square feet of gross floor area
of the structure, but the Planning Board may further restrict occupancy
to prevent nuisances to surrounding properties such as traffic, parking
congestion or noise.
(f)
Where exterior illumination is proposed it shall be shielded from
surrounding properties and public streets. Necessary safety lighting
of parking areas, walkways and buildings, and lighting required by
governmental regulation, shall be permitted.
(g)
No use which would be noxious or offensive to surrounding properties
because of odor, dust, smoke, gas, vibration, flashing or excessive
light or noise shall be permitted. No use shall be permitted from
which there would be a harmful discharge of waste materials or which
would constitute a menace to surrounding properties by reason of fire,
explosive or other physical hazard.
E.
Maximum gross floor area of a main building shall
be calculated as follows:
|
Maximum Gross Floor Area = 4,000 + [(Lot Area
- 21,780) * 0.11478421]
|
M.
Other provisions and requirements:
(2)
Any dwelling existing at the time of the adoption
of this chapter may be converted for use by more than one family,
provided that all of the following standards are met and maintained:
(a)
Floor space, exclusive of basement and attic
areas but including hallways, must equal a minimum of 750 square feet
per family to be housed.
[Amended 11-13-2007 by L.L. No. 16-2007]
(b)
No changes are made in the exterior appearance
of the building except for any required fire escapes.
(c)
Service access from the rear yard of the building
is provided for each apartment.
D.
E.
Maximum floor area ratio: none.
L.
Other provisions and requirements:
(2)
No building of a group on the same lot shall be closer
to any other building of the group than 100 feet except that in the
case of two end walls without windows facing each other, when such
buildings shall be no closer than 35 feet, except that if one or both
such end walls has windows, such distance shall be increased to 50
feet.
(4)
The conversion of an existing building for use by
more than one family shall be as provided for in the R2-F District.
[Added 12-13-2011 by L.L. No. 8-2011]
A.
Findings. The Village of Rye Brook finds that:
(1)
The 2009 Stipulation and Order of Settlement and Dismissal ("Stipulation")
in the case of United States of America ex rel. Anti-Discrimination
Center of Metro New York, Inc. v. Westchester County, New York, requires
Westchester County to implement a plan to provide 750 units of fair
and affordable housing in eligible municipalities throughout the county;
(2)
The Village of Rye Brook has been identified as an eligible
municipality for the development of fair and affordable housing pursuant
to the terms of the Stipulation;
(3)
Pursuant to the Stipulation, Westchester County has developed
a Fair and Affordable Housing Implementation Plan which includes model
ordinance provisions for consideration by the eligible municipalities
in an effort to ensure the provision and promotion of fair and affordable
housing development throughout the county;
(4)
The model ordinance provisions, as modified to suit the needs
of the Village of Rye Brook, set forth the necessary requirements
to encourage the development of fair and affordable housing and ensure
such housing remains fair and affordable for at least the fifty-year
period as required pursuant to the Stipulation;
(5)
Equitable distribution of affordable housing promotes sustainable
and integrated residential patterns, increases fair and equal access
to economic, educational and other opportunities and advances the
health and welfare of the residents of the Village of Rye Brook;
(6)
A streamlined and flexible land use review process for fair
and affordable housing development projects is necessary to promote
and encourage the development of such housing within the Village of
Rye Brook; and
(7)
Development of fair and affordable housing in a way that affirmatively
furthers fair housing is a matter of public interest and promotes
the general health, safety and welfare of the community.
B.
Purpose. The FAH District is a floating zoning district, as hereinafter
defined, unmapped at its initial adoption, that may be applied to
particular parcels by an amendment to the Zoning Map of the Village
of Rye Brook upon the Village of Rye Brook Board of Trustees' own
motion or upon an applicant's submission of a Petition, as hereinafter
defined, and approval of the Petition by the Board of Trustees. The
Board of Trustees finds that the purpose of this district is to provide
flexible land use regulations, a streamlined permitting process and
incentives to encourage the development of fair and affordable housing
within the Village that will remain fair and affordable for at least
50 years as required pursuant to the Stipulation. The FAH District
is established in furtherance of the public health, safety and welfare
of the Village by encouraging a balanced demographic.
C.
Applicability. The provisions herein shall apply to a Petition and
application for site plan and/or subdivision approval regarding any
parcel(s) in any zoning district in the Village of Rye Brook for the
construction of affordable housing, provided at least 50% of the proposed
dwelling units will be AFFH units.
D.
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT
(1)
(2)
FIXED IMPROVEMENT
FLOATING ZONING DISTRICT
PETITION
PROGRAM ADMINISTRATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A for-purchase housing unit that is affordable to a household
whose income does not exceed 80% of the area median income (AMI) for
Westchester County as defined annually by the U.S. Department of Housing
and Urban Development (HUD) and for which the annual housing cost
to a unit, including common charges, principal, interest, taxes and
insurance (PITI) does not exceed 33% of 80% AMI, adjusted for family
size and that is marketed in accordance with the Westchester County
Fair and Affordable Housing Affirmative Marketing Plan; or
A rental housing unit that is affordable to a household whose
income does not exceed 60% AMI and for which the annual housing costs
of the unit, defined as rent plus any tenant-paid utilities, does
not exceed 30% of 60% AMI, adjusted for family size and that is marketed
in accordance with the Westchester County Fair and Affordable Housing
Affirmative Marketing Plan.
An improvement to real property which has been attached to
the property in such a way as to be an integral part of the premises,
and its removal would do harm to the building or land.
Zoning district with boundaries which are not fixed by the
ordinance which establishes the district and outlines procedures for
fixing the boundaries, but which are established by later amendment
to the Zoning Map of the Village of Rye Brook.
A written petition for an amendment to the Zoning Map of
the Village of Rye Brook.
A local not-for-profit agency designated by the Board of
Trustees.
E.
Application procedure.
(1)
Pre-submission sketch plan conference.
(a)
Prior to submission of a Petition to the Board of Trustees,
the applicant shall file with the Building Department a request for
a pre-submission sketch plan conference. The purpose of the pre-submission
sketch plan conference is to expedite the development application
review process by identifying early-on any issues, concerns, zoning
code compliance and coordination matters that may reasonably be expected
to arise during the review of the application and to propose strategies
to address these matters. A non-binding conceptual timeline for review
of the application shall also be established at the pre-submission
sketch plan conference. The following representatives from the Village
of Rye Brook, or their designees, may attend the pre-submission sketch
plan conference: Mayor, Village Administrator, Building Inspector,
Superintendent of Public Works/Village Engineer, Planning Consultant
and Chairperson of the Planning Board. Comments and suggestions made
by Village representatives at the pre-submission sketch plan conference
shall not be binding upon the Village.
[Amended 10-27-2020 by L.L. No. 9-2020]
(b)
Sketch plan and recommended submission.
[1]
A request for a pre-submission sketch plan conference
shall be accompanied by a sketch plan which shall include the following:
[a]
Approximate location and dimensions of proposed
principal and accessory structures;
[b]
Preliminary identification and calculation of the number of
proposed AFFH Units;
[c]
Map of the area at a convenient scale which clearly shows the
location of the site in respect to nearby streets, rights-of-way and
adjacent properties; and [d] Brief written statement describing the
proposed development.
[2]
In addition, it is recommended that the applicant
submit the following prior to a pre-submission sketch plan conference:
[a]
Survey map accurately reflecting existing conditions
and defining precisely the boundaries of the property, setbacks of
all structures, location of easements and such other information as
required by the Building Inspector or Superintendent of Public Works/Village
Engineer, which may include but is not limited to a topographical
survey. Such survey shall be certified by a New York State licensed
land surveyor no more than one year prior to the date of the application;
[Amended 10-27-2020 by L.L. No. 9-2020]
[b]
Map of the subject property at a convenient scale
which clearly shows easements, wetlands, watercourses, steep slopes
and other existing and proposed pertinent features;
[c]
Topographic data at a minimum contour interval of two feet,
showing existing and proposed contours on the property and a minimum
of 25 feet into all adjacent properties;
[d]
Zoning Table; and
[e]
Such other information as the Building Inspector
or Superintendent of Public Works/Village Engineer may reasonably
require.
[Amended 10-27-2020 by L.L. No. 9-2020]
(2)
Submission of a Petition and application for site plan and/or subdivision approval. Application to rezone property to FAH in connection with a proposed development containing AFFH Units shall be made in the form of a Petition to the Board of Trustees sufficient to enable the Board of Trustees to evaluate the development proposal and its consistency with the purpose, criteria, minimum standards and general design standards set forth herein. The Petition shall be accompanied by an application for site plan and/or subdivision approval, where applicable, which shall include the information set forth at §§ 209-3C and 219-30 in addition to a statement setting forth the percentage, type, number of bedrooms and location of AFFH Units. All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least eight paper copies, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility.
[Amended 10-28-2014 by L.L. No. 9-2014]
(a)
Waiver. Upon a finding by the Board of Trustees, based upon
a recommendation by the Building Inspector or Superintendent of Public
Works/Village Engineer that, due to the particular character or limited
nature of development or change in use or to special conditions peculiar
to a site, the submission of certain portions of information normally
required as part of the site plan or preliminary plat is inappropriate
or unnecessary or that strict compliance with said submission requirements
will cause extraordinary and unnecessary hardship, the Board of Trustees
may waive such submission requirements whenever, in the opinion of
the Board of Trustees, such waiver will be consistent with the goal
of promoting the public health, safety and general welfare of the
community. The findings for granting such waiver shall become a part
of the public record.
[Amended 10-27-2020 by L.L. No. 9-2020]
(b)
Where a subdivision application is submitted with a Petition,
the applicant shall not be required to obtain preliminary subdivision
approval and may proceed directly to review of a final subdivision
plat.
(c)
To the maximum extent practicable, upon submission of a complete
application as determined by the Building Inspector, the Board of
Trustees and the Planning Board shall give priority to such application
by placing it above other public hearings, resolutions, reports and
other business items on all meeting and work session calendars and
agendas.
(3)
Referral to Planning Board. The Board of Trustees shall refer
the Petition and application for site plan and/or subdivision approval
to the Planning Board for report and recommendation. The Planning
Board shall make a recommendation on the Petition and application
for site plan and/or subdivision approval and shall report its findings,
in writing, to the Board of Trustees.
(4)
Board of Trustees review.
(a)
Upon receipt of a report and recommendation from the Planning
Board, the Board of Trustees shall hold a public hearing on the Petition
and the application for site plan and/or subdivision approval.
(b)
Following the completion of the public hearing and following
review of the application pursuant to the New York State Environmental
Quality Review Act,[1] the Board of Trustees may act to approve, approve with
modification or conditions, or disapprove the Petition in the exercise
of its sole legislative discretion. Within 62 days following the close
of the public hearing on the application for site plan and/or subdivision
approval, the Board of Trustees shall act to approve, approve with
modification or conditions, or disapprove such application(s).
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(c)
Approval of the Petition shall result in an amendment of the
Zoning Map to include the parcel(s) in the FAH District.
(d)
Approval of the Petition shall precede an approval of the accompanying
site plan and/or subdivision application.
(5)
Duration of approval. Notwithstanding any provision to the contrary,
any rezoning permitted as a result of the Board of Trustees' approval
of a Petition pursuant to this section shall become null and void,
and the zoning of the parcel shall revert back to its original zoning
classification by resolution of the Board of Trustees, unless construction
pursuant to a valid building permit is commenced within three years
of the date of final site plan and/or subdivision approval, whichever
approval is later, or such later date as extended by the Board of
Trustees. Upon written request of the applicant, the Board of Trustees
may grant an extension of the commencement of construction of up to
one year upon good cause shown.
(6)
Amendments. Any amendment to an approved site plan and/or subdivision
application shall be submitted to the Board of Trustees for review
and approval in accordance with the same procedures required under
this section, which may include, if applicable, a Petition.
(7)
Renovations, alterations and additions.
(a)
Renovations, alterations and additions to a structure approved
in accordance with this section on a lot rezoned to the FAH District
shall comply with the following:
(b)
The applicant may request a variance from the applicable zoning
requirements. The Board of Trustees shall have final approval authority
for any request for a variance from the applicable zoning requirements
and shall review such request pursuant to the standard set forth in
New York State Village Law § 7-712-b.
F.
Review criteria.
(1)
Permitted principal uses:
(a)
Attached or detached one-family dwellings;
(b)
Attached or detached two-family dwellings;
(c)
Multifamily dwellings; and
(d)
Mixed use (nonresidential and residential), provided nonresidential
uses are permitted in the zoning district applicable to the subject
property immediately prior to its rezoning to FAH.
(2)
Required AFFH Unit component.
(a)
Within all residential developments of two or more units created
by subdivision or site plan approval, no less than 50% of the total
number of units shall be created as AFFH Units.
(b)
No preferences shall be utilized to prioritize the selection
of income-eligible tenants or purchasers for AFFH Units created under
this subsection, unless otherwise authorized by Westchester County.
(c)
All AFFH Units, whether for purchase or for rent, shall be marketed
in accordance with the Westchester County Fair and Affordable Housing
Affirmative Marketing Plan.
(3)
Dimensional and bulk requirements.
(a)
The dimensional and bulk requirements applicable in the FAH
District shall be those of the property's existing zoning designation
prior to its rezoning to FAH, except as modified or waived by the
Board of Trustees.
(b)
The Board of Trustees may permit modification or waiver of the
applicable dimensional and bulk requirements as it deems appropriate
upon balancing important concerns of the community's health, safety
and welfare, including:
[1]
Consistency with the purpose and intent of the
Village of Rye Brook Zoning Code and Official Map;
[2]
Furthering fair and affordable housing within the
Village;
[3]
Harmony with the appropriate and orderly development
of the immediate area;
[4]
Impacts upon the orderly development and quality
of life for neighboring areas;
[5]
Advancement of economic development within the
Village;
[6]
The location, nature and height of buildings, location
of parking and the nature and extent of landscaping on the site such
that the modified dimensional or bulk requirement will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or substantially impair the value thereof;
[7]
Adverse environmental impacts; and
[8]
Whether the requested modification or waiver is
the minimum necessary to maintain the economic viability of the development
proposal.
(c)
In granting any modification or waiver, the Board of Trustees
may attach such conditions as are, in its judgment, necessary to secure
substantially the objectives of the standards or requirements so modified
or waived.
(d)
Minimum floor area. The minimum gross floor area per AFFH Unit
shall not be less than 80% of the average floor area of nonrestricted
housing units in the development, if any, and no less than the gross
floor area set forth below, except where a greater gross floor area
is required pursuant to the New York State Uniform Fire Protection
and Building Code,[2] in which case such requirement shall apply. Gross floor
area shall be measured from the exterior wall surfaces and/or center
line of common wall(s) separating adjacent common space and/or dwelling
units.
|
Dwelling Unit
|
Minimum Gross Floor Area
| |
|---|---|---|
|
Efficiency
|
450 square feet
| |
|
One-bedroom
|
675 square feet
| |
|
Two-bedroom
|
750 square feet
| |
|
Three-bedroom
|
1,000 square feet (including at least 1.5 baths)
| |
|
Four-bedroom
|
1,200 square feet (including at least 1.5 baths)
|
[2]
Editor's Note: See Executive Law § 370 et seq.
(e)
Occupancy standards. For the sale or rental of AFFH Units, the
following occupancy schedule shall apply, except where a lesser occupancy
is required pursuant to the New York State Uniform Fire Protection
and Building Code, in which case such requirement shall apply:
|
Number of Bedrooms
|
Number of Persons
| |
|---|---|---|
|
Efficiency
|
Minimum: 1, maximum: 1
| |
|
1
|
Minimum: 1, maximum: 3
| |
|
2
|
Minimum: 2, maximum: 5
| |
|
3
|
Minimum: 3, maximum: 7
| |
|
4
|
Minimum: 4, maximum: 9
|
(4)
Unit appearance and integration in new developments and existing
neighborhoods.
(a)
Within new one- or two-family developments and existing one-
or two-family zoning districts, the AFFH Units may be one-, two- or
multi-family homes. All such units shall be indistinguishable in appearance,
siting and exterior design from the market-rate one-family homes in
the development or the one- or two-family homes in the existing neighborhood,
to the greatest degree possible. Interior finishes and furnishings
may differ in quality from those of the market-rate units.
(b)
Within new multifamily developments of four or more families
in all other zoning districts, the AFFH Units shall be physically
integrated into the design of the development and shall be distributed
among the various housing unit sizes (efficiency, one-, two-, three-
and four-bedroom units) in the same proportion as market-rate units
in the development. The AFFH Units shall not be distinguishable from
the market-rate units from the outside or building exteriors. Interior
finishes and furnishings may differ in quality from those of the market-rate
units.
G.
Maximum rent and sales price. The maximum monthly rent for an AFFH
Unit and the maximum gross sales price for an AFFH Unit shall be as
set forth in the current edition of the Westchester County Area Median
Income (AMI), Sales & Rent Limits available from the County of
Westchester.
H.
Duration of affordability. Units designated as AFFH Units shall remain
affordable for a minimum of 50 years from the date of the issuance
of the initial certificate of occupancy for rental properties and
from the date of the original sale for ownership units.
I.
Property restrictions.
(1)
A declaration of restrictive covenants shall be submitted to the Program Administrator for its approval in recordable form acceptable to the Village Attorney for any property containing an AFFH Unit, whether for rent or for purchase, which shall ensure that the AFFH Units shall remain subject to affordable housing regulations for the minimum fifty-year period set forth at § 250-26.1H of this chapter.
(2)
The declaration of restrictive covenants shall state that the
AFFH Unit shall be the primary residence of the resident household
selected to occupy the unit.
(3)
Upon approval by the Program Administrator the declaration of
restrictive covenant shall be recorded in the Land Records Division
of the Office of the Clerk of the County of Westchester prior to the
issuance of a certificate of occupancy for any AFFH Unit.
J.
Affirmative marketing. The AFFH Units created under the provisions
of this section shall be sold or rented, and resold and re-rented
during the period of affordability established by the Board of Trustees
during a time period of not less than 50 years, only to qualifying
income-eligible households. Such income-eligible households shall
be solicited in accordance with the requirements, policies and protocols
established in the Westchester County Fair and Affordable Housing
Affirmative Marketing Plan, for so long as the Westchester County
Fair and Affordable Housing Affirmative Marketing Plan remains in
effect, so as to ensure outreach to racially and ethnically diverse
households.
K.
Resale requirements.
(1)
The owner of an AFFH Unit shall be responsible for such unit's
resale in conformance with the provisions of this chapter, procedures
of the Program Administrator and any applicable federal, state or
local requirements. The owner shall provide the Program Administrator
with a notice of intent to sell or otherwise transfer title prior
to entering into any contract for sale or transfer of the units. The
Program Administrator will inform the owner in writing, of the applicable
income eligibility and maximum resale price, as determined by the
Program Administrator. Prior to closing, the owner shall submit to
the Program Administrator sufficient information to demonstrate compliance
under this chapter, the procedures of the Program Administrator and
any federal, state or local requirements, to the satisfaction of the
Program Administrator.
(2)
Title to property containing an AFFH Unit shall be restricted so that in the event of any transfer of title, including resale, by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in accordance with § 250-26.1G of this chapter or the sum of the following, whichever is greater:
L.
Lease renewal requirements.
(1)
Renters of AFFH Units shall sign leases for a term of no more
than two years. As long as a resident remains eligible and has complied
with the terms of the lease, the resident shall be offered renewal
leases for a term of no more than two years each. Prior to execution
of a renewal lease, the owner shall submit sufficient information
to the Program Administrator for the Program Administrator's verification
of the proposed renter's income eligibility.
(2)
Renewal of a lease shall be subject to the conditions of federal,
state or county provisions that may be imposed by the terms of the
original development funding agreements for the development to which
the AFFH Unit is a part or to the provisions of other applicable local
law. If no such provisions are applicable and if a resident's annual
gross income should subsequently exceed the maximum then allowable,
then said resident shall pay the greater of the rent amount payable
under the provisions of this section or 30% of the resident's monthly
adjusted household income, provided that the increased rent may not
exceed the market rent in that development for units within the same
number of bedrooms for a term of not more than one year.
M.
Administration and monitoring.
(1)
The Board of Trustees shall, by resolution, designate a local
not-for-profit agency to serve as Program Administrator.
(2)
The Program Administrator shall be responsible for administering the requirements of § 250-26.1J, K and L of this chapter by monitoring the AFFH Units during their periods of affordability and by monitoring compliance with the affirmative marketing responsibilities of the developers of the AFFH Units.
B.
Permitted accessory uses:
(1)
In executive learning centers, accessory uses may
include banquet facilities, restaurants and other facilities for the
consumption of food and beverages on the premises; athletic facilities,
including but not limited to open or enclosed swimming pools, open
or enclosed tennis courts, platform tennis courts, paddleball courts
and other court games; golf courses; playgrounds; health clubs; and
hiking and jogging trails.
(2)
In all other permitted principal uses, accessory uses
may include customary personal service and restaurant uses, provided
that:
(a)
The aggregate areas devoted to such customary
personal service and restaurant uses shall not exceed 10% of the gross
floor area of the permitted principal use to which it is accessory.
(b)
Access to such uses shall only be through the
interior access system of the building in which such uses are located.
There may be no separate entrance leading directly from the outside
of the building.
C.
Uses permitted at the discretion of the Village Board [pursuant to the procedure specified in Article IV, § 250-6H(1)]:
[Amended 4-24-1997 by L.L. No. 4-1997; 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
(1)
Laboratories and similar light technical, light manufacturing or
business uses and storage facilities that are an integral part of
an office or research and testing laboratory use and are located in
the same building or a group of buildings devoted to either or both
office or research and testing laboratory use.
(2)
The same as in the R-35 District.
D.
F.
Minimum size of lot:
[Amended 1-9-1995 by L.L. No. 1-1995]
G.
Minimum yard dimensions:
(1)
On sites of less than 30 acres: 100 feet from street
lines and 100 feet from all other property lines. In addition, parking
spaces shall be set back from street and side lines of the site at
least 75 feet, except that permanent arrangements may be approved
in site plan review for a lesser distance between parking areas of
adjoining office building developments. Also, parking spaces shall
be set back from all property lines of the site by an amount to be
set by the approval authority during site plan review.
[Amended 3-22-2005 by L.L. No. 5-2005]
(2)
On sites of 30 acres or more: 200 feet from street
lines and 100 feet from all other property lines. In addition, parking
spaces shall be set back from street and side lines of the site at
least 100 feet except that permanent arrangements may be approved
in site plan review for a lesser distance between parking areas of
adjoining office building developments.
(3)
Where the construction, on a portion of the site,
of all or a portion of a state or county highway or major Village
road is determined by the approval authority to be likely, such Board
may set appropriate standards for setbacks from such proposed road
during site plan review.
[Amended 3-22-2005 by L.L. No. 5-2005]
H.
Maximum height of building:
(1)
On sites of less than 30 acres: two stories and 35
feet.
(2)
On sites of 30 acres or more: four stories and 50
feet, measured from the average grade at the building entrance.
(3)
Portions of an executive learning center may reach
five stories, as long as the height of the building does not exceed
50 feet measured from the average level of the finished grade adjacent
to the exterior walls of the building.
(4)
Mechanical and utility penthouses shall not be included
in the computation of height but they shall be screened by an appropriate
architectural treatment, and no more than 25% of the roof area shall
be used for such mechanical and utility equipment.
(5)
Where two stories only are permitted, an additional
story not exceeding 12 feet, for the purpose of covered parking, may
be added, provided that the maximum height of the building does not
exceed 35 feet.
(6)
Where four stories are permitted, an additional story
not exceeding 12 feet, for the purpose of covered parking, may be
added, provided that the building or structure as viewed from the
main entrance does not exceed four stories or 50 feet measured from
the average grade at the building entrance.
J.
Mandatory off-street loading space: none.
L.
Other provisions and requirements:
(1)
The executive learning center and all of its accessory
facilities shall be available for use by the persons attending the
executive learning center (including the members of their families)
or for persons regularly employed at one of the buildings located
in the OB-1 District (including members of their families) and may
be offered for use by members of the general public.
(2)
In an executive learning center, there shall be no
more than 13 sleeping rooms per acre, and each sleeping room shall
have an area, inclusive of bathroom and closet, of at least 225 square
feet.
(3)
The maximum gross land coverage, which is that percentage
of the land area covered by the combined area of all buildings, structures
and paved areas, shall be 60%.
(5)
A detailed sign plan shall be submitted as part of
the site plan application to the designated approval authority.
[Amended 3-22-2005 by L.L. No. 5-2005]
(6)
Exterior lighting or other illumination shall be permitted,
provided that the light source shall be shielded from any adjacent
residence district or public streets.
(7)
A detailed, specific planting plan to buffer adjoining
properties shall be submitted as a part of the site plan application
to the designated approval authority.
[Amended 3-22-2005 by L.L. No. 5-2005]
(8)
No building permit shall be issued and no structure
or use shall be established or changed except in conformity with a
site plan approved by the Village Board after review and report by
the Planning Board, or by the Planning Board where it is the designated
approval authority, and no certificate of occupancy for such structure
or use shall be issued until all the requirements of such site plan
approval and any conditions attached thereto have been met. The continued
validity of any certificate of occupancy shall be subject to continued
conformance with such approved plan and conditions. Revisions of such
plans shall be subject to the same approval procedure.
[Amended 3-22-2005 by L.L. No. 5-2005]
B.
Permitted accessory uses:
[Amended 1-23-1996 by L.L. No. 1-1996; 4-24-1997 by L.L. No. 4-1997; 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
(2)
Accessory building for garage, heating, air conditioning and other
utilities and for storage facilities necessary for the proper functioning
and operation of the business or profession of the occupants, including,
but not limited to, cafeterias for employees, storage areas, auditoriums,
meeting and conference rooms and areas for heating, air conditioning
and other utilities.
(3)
Child day-care centers.
C.
D.
Uses permitted at the discretion of the Planning Board pursuant to the procedure specified in Article IV, § 250-6H(1):
(1)
The same as in the R-35 District.
(2)
The conversion of existing residences to limited professional office use, as defined in Article VIII, § 250-18.2B, except that said professional office use may be conducted by persons other than the inhabitants thereof and shall not be limited to one nonresidential assistant or employee.
(a)
In such special permit approval, site plan approval by the Planning
Board shall be required and shall include the coordination of one
or more elements of site plan review, such as occupancy, traffic circulation,
parking and drainage, in the interest of ensuring the ultimate development
of a coordinated, safe and convenient system of land use and development
at an appropriate density for the site and neighborhood.
(b)
The Planning Board shall adopt said plan upon the granting of
the special permit and shall require its consideration in future development.
In the interest of obtaining safe and unified development in such
instances, the Planning Board may require the filing of deed restrictions
or covenants permitting coordinated access, parking, drainage or other
functional activities and uses from one property to others.
(3)
Personal
or group instructional studios.
[Added 11-23-2021 by L.L. No. 1-2022]
[1]
Editor's Note: This local law also redesignated former Subsection
D as Subsection E.
A.
Permitted principal uses:
C.
Uses permitted at discretion of Planning Board pursuant to the procedure specified in Article IV, § 250-6H(1):
[Amended 9-9-2014 by L.L. No. 7-2014]
(1)
Art studio, publishing, printing, lithographing, photography,
photoengraving, laboratory and similar light technical or business
uses and storage facilities in connection with the same, but no industrial
use or manufacturing conducted in the same building by the person
or firm having executive or administrative offices therein.
(2)
All principal and accessory uses permitted in the C1-P District, except a drive-in, open front or curb service restaurant and/or bowling alley, subject to the controls listed in § 250-31 for said C1-P District, except as hereinafter modified:
(a)
Maximum floor area ratio: 0.30; maximum coverage:
25%.
(c)
Minimum frontage on a state or county road or
highway: 150 feet.
(d)
In addition to the finding required by § 250-6H(1)(b) for special permits in an OB-S District, the Planning Board shall ensure that the requirements of § 250-6H(1)(b)[3][b] are satisfied.
(e)
Use of floor area in cellars:
[1]
Floor area in a cellar may be devoted to permitted
principal, permitted accessory and special permit uses, provided that:
[a]
Such area does not exceed 15% of
the maximum gross floor area permitted on the lot, including as much
thereof as may be located in an adjacent municipality;
[b]
Such area is leased to the same
tenant as the tenant of the main level area above it, and the two
are operated as a single integrated unit with the same uses on the
two levels or uses ancillary to one another which are commonly found
in a single retail store;
[c]
Such area is accessible to the
public by direct stairway or other connection from the main level
area sufficiently distant from the front entrance to ensure appearance
as a single integrated unit; and
[d]
The initial floor plan for such
area and any modification thereof are approved in accordance with
the special permit procedure hereunder.
[2]
This subsection shall not apply to the floor
area in a cellar used only for storage or services incidental to the
operation or maintenance of the building.
(3)
Personal
or group instructional studios.
[Added 11-23-2021 by L.L. No. 1-2022]
D.
Maximum floor area ratio: 0.35.
A.
Permitted principal uses:
(1)
All uses in the R Districts as permitted therein.
(2)
A store for the sale of goods at retail or performance
of customary personal services or services clearly incidental to retail
sales, but no fabrication, manufacturing, converting, altering, finishing
or assembly, except incidental to such retail sale on the premises.
Customary personal services shall include uses such as, but not limited
to, barbershops, hair and nail salons, shoe repair shops, and other
similar services related to the body or physical appearance of a person.
A store for the sale of goods at retail shall not include the commercial
storage, possession and display of firearms, ammunition and explosives.
[Amended 1-28-2014 by L.L. No. 2-2014; 5-23-2017 by L.L. No. 4-2017]
(3)
An office for business, professional or banking purposes.
(4)
A restaurant, cafe or other place serving food or
beverages.
(5)
A parking lot for motor vehicles, but not for storage
of used or new motor vehicles for sale or hire.
B.
D.
E.
Maximum floor area ratio: 0.4.
H.
Maximum height of building:
J.
Mandatory off-street loading space (as defined by Article II):
(1)
Requirement for nonresidential uses: one space for
each 10,000 square feet of floor area or major portion thereof up
to 50,000 square feet, plus one space for each 25,000 square feet
of floor area or major portion thereof in excess of 50,000 square
feet.
L.
Other provisions and requirements:
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
(1)
The same as in the R-35 District.
(2)
No side yard required, but, if provided, it shall be at least four
feet, except where the lot adjoins any R District line, when a side
yard of six feet shall be required.
(3)
On a corner lot which adjoins or is within 50 feet of any R District
line on the same block, on the same side of the street, a side yard
equal to 1/2 of the front yard required in such R District shall be
required.
A.
Permitted principal uses: all uses permitted in the
C1-P District as permitted therein.
[Amended 3-22-2005 by L.L. No. 5-2005]
B.
Permitted accessory uses: all uses in the C1-P District
as permitted therein.
[Amended 10-12-1993 by L.L. No. 4-1993]
D.
E.
Maximum floor area ratio: 1.0.
H.
Maximum height of building: the same as in the C1-P
District.
Lands classified in the H-1 Hotel District shall
be used for only one of the following uses:
|
a)
|
hotels and uses customarily accessory thereto;
or
|
|
b)
|
on existing parcels of at least 15 acres but no more than 20 acres in area, residential development shall be permitted with attached or detached single-family or multifamily residential dwelling units and appurtenances thereto, including but not limited to clubhouses and recreational facilities for residents of the development and their guests, gatehouses, parking areas, and drainage facilities, as part of a conservation subdivision pursuant to § 219-34 of the Code of the Village of Rye Brook. The maximum number of single-family or multi-family dwelling units for any such development shall not exceed 3.50 per gross acre, and the gross floor area, (excluding the cellars, basements, garages, attics and storage areas) for such units shall not be less than 2,000 square feet per unit nor more than 3,000 square feet per unit. The maximum building height shall be two stories and when measured in feet, 30 feet; and
|
|
c)
|
except for garages contained in or attached
to individual dwelling units, parking shall be provided only on grade,
in uncovered parking areas. Multilevel parking structures are prohibited.
[Added 9-26-2006 by L.L. No. 17-2006] |
|
Hotels are subject to the following standards
and conditions:
|
A.
HOTEL
Definitions.
A building or buildings or portion thereof containing rooms
occupied primarily by transient guests who are lodged, with or without
meals, which rooms have primary access from public halls, and in which
there are certain public rooms and meeting rooms and in which are
provided such services as are incidental to the use thereof.
B.
Use. Use of a hotel site and buildings or structures
thereon shall be limited to the usual hotel activities and accessory
uses incidental to the operation of a hotel and of the same general
character, provided that all accessory uses shall be planned as an
integral part of the hotel and located on the same site as therewith.
D.
Site.
[Amended 1-9-1995 by L.L. No. 1-1995]
(1)
The developer or holder of the fee shall deed in fee
simple to the Village 10% of the total acreage to be subdivided for
recreational use by the Village or pay a recreation fee in lieu thereof,
as may be required, as specified in the Village of Rye Brook Subdivision
or Site Plan Regulations or as such regulations may be amended.
(2)
The minimum site for a hotel and accessory buildings
shall consist of 12 acres.
(3)
The site shall have a frontage of at least 1,000 feet
on a highway or street with a minimum one-hundred-foot right-of-way.
F.
Setbacks. Buildings shall be set back from property
lines at least 175 feet on all sides.
G.
Building height. No building shall be more than four
stories in height and in no event more than 40 feet in height measured
from the average grade to the eaves. In the event that a building
is constructed with a pitched roof, the height to the ridge line or
the highest point of the building measured from the average grade
shall not be more than 45 feet.
H.
Off-street parking and loading space.
(1)
Off-street parking, loading and unloading space shall
be required as follows:
(a)
One space for each guest room.
(b)
One space for every three employees.
(c)
One space for every four seats in permanent
dining rooms.
(d)
One space per 100 square feet devoted to assembly
or conference rooms which may be used for dispensing food or drink.
(e)
One space per 300 square feet of floor area
devoted to retail use.
I.
Roads and parking areas.
(1)
No parking areas shall be located closer than 100
feet from any property line.
(2)
Roads shall not be less than 100 feet from property
lines except where necessary to allow access onto a state highway.
(3)
Each parking unit and its access passageways, driveways,
turning areas and paths shall be surfaced in accordance with Village
regulations.
(4)
Access and service roads shall be properly related
to public streets and highways so as to insure safety conditions.
J.
Planting. A detailed, specific planting plan to buffer
adjoining properties shall be submitted to the Planning Board for
approval.
K.
Signs.
(1)
Freestanding highway signs will only be permitted
adjacent to streets or highways of one-hundred foot rights-of-way.
Such signs shall have not more than a maximum of 150 square feet,
shall not exceed 35 feet in height and shall be set back a minimum
of 10 feet from the street line and not less than 150 feet from the
property line.
(2)
One sign facing in a single direction and containing
not more than 100 square feet maximum may be attached to the roof
of a building, provided that it does not extend more than 10 feet
above the roof, but in any case, it shall not exceed a height of 50
feet above the average grade.
(3)
Signs may be illuminated, but no sign will be permitted
which has blinking or moving lights or moving parts or which will
interfere with traffic control devices.
(4)
All signs shall require approval by the Planning Board.
L.
Exterior lighting. Exterior lighting or other illumination
shall be permitted, provided that the light source shall be shielded
from any adjacent residence district or public street.
[Added 6-13-2017 by L.L.
No. 5-2017]
A.
Permitted principal use. The following uses shall supersede all permitted
principal uses of the underlying zoning district in which the property
is located:
(1)
Public parks, playgrounds, ballfields, community centers, or
similar public recreational areas, including customary recreational,
refreshment and community service buildings and uses, operated by
the Village of Rye Brook, Town of Rye or other government entity,
or its designee.
(2)
Natural open space areas and uses designed for environmental
or ecological preservation, including but not limited to stormwater
management or drainage facilities.
(3)
Compost facility operated by the Village of Rye Brook, or its
designee for organic materials generated primarily within the boundaries
of the Village.
B.
Permitted accessory uses. The following uses shall supersede all
permitted accessory uses of the underlying zoning district in which
the property is located:
(1)
Maintenance, security or utility structures serving the specific
needs of the principal use.
(2)
Indoor storage facilities incidental to the principal use,
(3)
No more than one residence for caretakers and staff of a public
recreational area.
(4)
Other accessory uses or structures that are incidental to the
principal use.
D.
Dimensional and bulk requirements. The dimensional and bulk requirements
applicable in the PROD District shall be those f the property's underlying
zoning district.
[Added 10-12-1993 by L.L. No. 4-1993]
A.
Purposes. The purposes of the regulations set forth
in this section are to encourage the effective use of signs as a means
of communication in the Village; to improve pedestrian and traffic
safety; to maintain and enhance the aesthetic environment; to minimize
the possible adverse effect of signs on nearby public and private
property; and to enable the fair and consistent enforcement of these
sign restrictions. This section is adopted under the zoning authority
of the Village in furtherance of the more general purposes set forth
in this chapter and pursuant to the Municipal Home Rule Law.
B.
Applicability and effect. A sign may be erected, placed,
established, painted, created or maintained in the Village only in
conformance with the standards, procedures, exemptions and other requirements
of this section. All signs not expressly permitted by this section
are prohibited. The effect of this section, as more specifically set
forth herein, is:
(1)
To establish a permit system to allow a variety of
types of signs, subject to the standards and the permit procedures
of this chapter;
(2)
To allow certain signs that are small, unobtrusive
and incidental to the principal use of the respective lots on which
they are located, subject to the substantive requirement for permits;
(3)
To provide for temporary signs in limited circumstances
in the public right-of-way; and
(4)
To provide for the enforcement of the provisions of
this section.
C.
ANIMATED SIGN
BANNER
BUILDING MARKER
BUILDING SIGN
CANOPY SIGN
CHANGEABLE COPY SIGN
COMMERCIAL MESSAGE
FLAG
FREESTANDING SIGN
INFORMATION SIGN
MARQUEE SIGN
NONCOMMERCIAL MESSAGE
NONCONFORMING SIGN
PENNANT
PERSON
PORTABLE SIGN
PROJECTING SIGN
RESIDENTIAL SIGN
ROOF SIGN
SIGN SETBACK
SUSPENDED SIGN
TEMPORARY SIGN
TOTAL (AGGREGATED) SIGN AREA
WALL SIGN
WINDOW SIGN
Definitions and interpretation. Words and phrases used in this section shall have the meanings set forth in this subsection. Words and phrases not defined in this subsection, but defined in § 250-2 of this chapter, shall be given the meanings set forth in such section. Principles for computing sign area and sign height are contained in Subsection D. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. Except where the context otherwise requires, all words in the singular shall include the plural number and vice versa. Headings or captions are for reference purposes only and shall not be used in the interpretation of this section.
Any sign that uses movement or change of lighting to depict
action or to create a special effect or scene.
Any sign of lightweight fabric or similar material that is
mounted to a pole or a building. Flags shall not be considered "banners."
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
Any sign that is part of or attached to an awning, canopy
or other plastic or structural protective cover over a door, entrance,
window or outdoor service area. A marquee is not a "canopy."
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the message changes more than
eight times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this section. A sign on which
the only copy that changes is an electronic or mechanical indication
of time or temperature shall be considered a time and temperature
portion of a sign and not a changeable copy sign for purposes of this
section.
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
Any noncommercial symbol, including flags of the United States,
the state, the Village, foreign nations having diplomatic relations
with the United States and any other flag adopted or sanctioned by
an elected legislative body of competent jurisdiction, that is woven
into, painted or printed on or otherwise attached to any lightweight
fabric or similar material, provided that such flag shall not exceed
20 square feet in area and shall not be flown from a pole the top
of which is more than 25 feet from the ground. Any similar sign not
meeting one or more of these conditions shall be considered a banner
sign and shall be subject to regulation as such.
Any sign supported by structures or supports that are anchored
in the ground and that are independent from any building or other
structure.
A sign that has a noncommercial purpose accessory to the
principal use of the lot on which it is located, such as no parking,
entrance, loading only, telephone and other similar directives.
Any sign attached to, in any manner, or made a part of a
marquee.
Any sign wording, logo, or other representation that does
not fall within the definition of “commercial message.”
[Added 5-26-2009 by L.L. No. 6-2009]
Any sign that does not conform to the requirements of this
section.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Any individual, association, company, corporation, firm,
organization or partnership, singular or plural, of any kind.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
Any sign affixed to a building or wall in such a manner that
any part of said sign extends more than six inches beyond the surface
of such building or wall.
Any sign located in a district zoned for residential uses
that contains no commercial message except advertising for goods or
services legally offered on the premises where the sign is located,
if offering such service at such location conforms with all requirements
of this chapter.
Any sign erected and constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
The distance from the edge of the road to the nearest point
of the sign.
A sign that is rigid and is suspended from the underside
of a horizontal plane surface and is supported by such surface.
A nonilluminated sign that is used in connection with a circumstance,
situation or event that is designed, intended or expected to take
place or to be completed within a reasonably short or definite period
after the erection of such sign or is intended to remain on the location
where it is erected or placed for a period as defined in Table III.[1] If such sign display area is permanent but the message
displayed is subject to periodic changes, that sign shall not be regarded
as "temporary." Temporary signs on private property shall be allowed,
subject to all of the requirements for temporary signs as set forth
in Table III.
A mathematical calculation used to derive the maximum combined
permanent sign area a single use or lot may maintain.
Any sign attached parallel to but within six inches of a
wall, painted on the wall surface of or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building and which displays only one
sign surface.
Any sign, pictures or symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale or service that is placed inside a window or upon the
windowpanes or glass and is visible from the exterior of the window.
[1]
Editor's Note: Table III is included at the end of this chapter.
D.
Computations.
(1)
Computations of area of individual signs. The area
of a sign face (which is also the sign area of a wall sign or other
sign with only one face) shall be computed by means of the smallest
square, circle, rectangle or triangle that will encompass the extreme
limits of the writing, representation, emblem or other display, together
with any material or color forming an integral part of the background
of the display or used to differentiate the sign from the backdrop
or structure against which it is placed, but not including any supporting
framework, bracing or decorative fence or wall when such fence or
wall otherwise meets zoning law regulations and is clearly incidental
to the display itself.
(2)
Computation of area of multifaced signs. The sign
area for a sign with more than one face shall be computed by adding
together the area of all sign faces visible from any one point. When
two identical sign faces are placed back to back so that both faces
cannot be viewed from any point at the same time and when such sign
faces are part of the same sign structure and are not more than 24
inches apart, the sign area shall be computed by the measurement of
one of the faces.
(3)
Computation of height. The height of a sign shall
be computed as a distance from the base of the sign at normal grade
to the top of the highest attached component of the sign. Normal grade
shall be construed to be the lower of the existing grade prior to
construction of the site, provided that site grading was undertaken
or completed within the past four years, or the newly established
grade after construction, exclusive of any filling, berming, mounding
or excavating solely for the purpose of locating the sign. In cases
in which the normal grade cannot reasonably be determined, sign height
shall be computed on the assumption that the elevation of the normal
grade at the base of the sign is equal to the elevation of the nearest
point of the crown of a public street or the grade of the land at
the principal entrance to the principal structure of the lot, whichever
is lower.
(4)
Computation of maximum total permitted sign area for
a lot or business. The permitted sum of the area of all individual
signs on a lot shall be calculated by comparing the size of each existing
and proposed permanent sign to the maximum permitted sign area for
that type of sign in the district in which the use or lot is located.
The size of each existing and proposed permanent sign is then represented
as a percent (1% to 100%) of the maximum sign area permitted for that
type of sign in the district in which it is located or is proposed
to be located. The individual percents for each existing and proposed
permanent sign are then added together to derive the sum of the percents.
In no case shall the sum of these percents of permitted permanent
sign areas exceed 200% on any given lot or for any given use.
E.
Permanent signs on private property.
(1)
Requirements and restrictions.
(a)
Signs shall be allowed on private property in
the Village only in conformity with Table I.[2]
[2]
Editor's Note: Table I is included at the end of this chapter.
(b)
If the letter "A" appears for a sign type in
a column, such sign is allowed without prior permit approval in the
zoning districts represented by that column.
(c)
If the letter "P" appears for a sign type in
a column, such sign is allowed only with prior permit approval in
the zoning districts represented by that column.
(d)
If the letters "NA" appear for a sign type in
a column, such a sign is not allowed in the zoning districts represented
by that column.
(2)
Although permitted under Subsection E(1), a sign designated by an "A" or "P" in Table I shall be allowed only if:
(a)
The sum of the area of all building and freestanding signs on the lot conforms with the maximum permitted sign area as determined by the formula specified in Subsection D.
(b)
The size, location and number of signs on the
lot conform with the requirements of Table II,[3] which establishes permitted sign dimensions by sign type,
and with any additional limitations listed in Table I.
[3]
Editor's Note: Table II is included at the end of this chapter.
(3)
If a sign requiring a permit in accordance with Table I is to be placed, constructed, erected or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the requirements of Subsection L. Furthermore, the property owner shall maintain in force, at all times, a sign permit for such sign in accordance with Subsection K.
F.
Temporary signs (private property).
(1)
The following temporary signs are permitted without
a sign permit:
[Amended 6-22-2004 by L.L. No. 8-2004; 1-9-2007 by L.L. No.
1-2007]
(a)
Signs containing the message that the real estate
on which the sign is located (including structures) is for sale, lease
or rent, together with information identifying the owner or agent.
Such signs may not exceed four square feet in area and shall be removed
immediately after sale, lease or rental. For lots of less than five
acres, a single sign on each street frontage may be erected. For lots
of five acres or more in area and having a street frontage in excess
of 400 feet, an additional sign not exceeding four square feet in
area may be erected on each street frontage exceeding 400 feet.
(b)
Signs identifying construction sites. Such signs
may identify the project, the owner or developer, architect, engineer,
contractor and subcontractors and the funding sources and may contain
related information, including but not limited to sale or leasing
information. On lots two acres or less in size, one such sign is permitted,
provided that such sign may not exceed eight square feet in area nor
more than five feet in height. On lots greater than two acres and
less than five acres in size, no more than one such sign may be erected
per site, and it may not exceed 32 square feet in area nor more than
six feet in height. On lots more than five acres in size and maintaining
two or more street frontages, one additional such sign is permitted.
All such signs shall be erected in accordance with Table III,[4] and in no case shall such signs be erected prior to the
issuance of a building permit, and they shall be removed prior to
the issuance of the final certificate of occupancy.
[4]
Editor's Note: Table III is included at the end of this chapter.
(c)
Signs attached temporarily to the interior of
a building window or glass door. Such signs, individually or collectively,
may not cover more than 40% of the surface area of the transparent
portion of the window or door to which they are attached. Such signs
shall be removed within 30 days after placement. No such window area(s)
shall be used to support signage for more than 90 days a year or such
signage shall be considered permanent and shall comply with all regulations
affecting such permanent window signage.
(d)
Displays with no commercial message, including
lighting, erected in connection with the observance of holidays.
(e)
Signs erected in connection with elections or
political campaigns. Such signs shall be removed within five days
following the election. No such sign may exceed 15 square feet in
surface area. All such signs shall be erected in accordance with Table
III.[5]
[Amended 6-22-2004 by L.L. No. 8-2004; 5-26-2009 by L.L. No.
6-2009]
[5]
Editor's Note: Table III is included at the end of this chapter.
(f)
Signs conveying a nonpolitical, noncommercial
message. All such signs shall be erected in accordance with Table
III.[6]
[Added 5-26-2009 by L.L. No. 6-2009[7]]
[6]
Editor's Note: Table III is included at the end of this chapter.
[7]
Editor's Note: This local law also redesignated
former Subsection F(1)(f) and (g) as Subsection F(1)(g) and (h), respectively.
(g)
Signs indicating that a special event such as
a grand opening, fair, carnival, circus, festival or similar event
is to take place on the lot where the sign is located. Such signs
may be erected not sooner than two weeks before the event and must
be removed not later than three days after the event's conclusion.
In no case shall such signage be erected for more than 20 days.
(h)
Temporary commercial signs not covered in the
foregoing categories, so long as such signs meet the following restrictions:
G.
Permanent signs on public property. No permanent signs
shall be allowed in the public right-of-way, except for the following:
(1)
Public signs erected by or on behalf of a governmental
body to post legal notices, to identify public property, to convey
public information and to direct or regulate pedestrian or vehicular
traffic.
(2)
Bus stops erected by a public transit company.
(3)
Informational signs of a public utility regarding
its poles, lines, pipes or facilities.
H.
Temporary signs (public property). No temporary signs
shall be allowed in a public right-of-way, except for emergency warning
signs erected by a governmental agency, a public utility company or
a contractor doing authorized or permitted work within the public
right-of-way, provided that such signs shall be located outside of
the public vehicular and pedestrian travelways and shall be placed
so as not to create any nuisance or threat to public safety.
I.
Signs exempt from regulation under this section. The
following signs shall be exempt from regulation under this section:
(1)
Any public notice or warning required by a valid and
applicable federal, state or local law or regulation.
(2)
Any sign inside a building, not attached to a window
or door and not located within four feet of the window or door that
is not legible from a distance of more than three feet beyond the
lot line of the lot or parcel on which such sign is located or 25
feet from the face of the window, whichever is less.
(3)
Traffic control signs on private property, such as
Stop, Yield and similar signs, the face of which meet Department of
Transportation standards and which contain no commercial message of
any sort.
(4)
Numbers on property used only for residential purposes.
J.
Existing signs. Except as provided in Subsection J(1) through (4), no permit is required for the continued use of a sign which would otherwise require a permit in accordance with Table I,[8] and a sign otherwise prohibited may continue to exist,
provided that such sign preexists the adoption of this section.
(1)
If the sign is nonconforming and shall require repair
or maintenance, the cost of which would constitute more than 50% of
the replacement value of the sign, the nonconforming sign shall be
eliminated or made to conform with the requirements of this section,
including all permitting procedures.
(2)
If the sign is conforming and should require repair
or maintenance, the cost of which would constitute more than 50% of
the replacement value of the sign, a permit shall be required for
the repair, maintenance or replacement of the sign, if a permit is
required for the type of sign under this section.
(3)
Any modification of an existing sign shall require
a permit, if a permit is required for the type of sign under this
section.
(4)
An application for additional signage for a use or
lot shall require a permit which covers the total signage for the
use, to the extent that a permit is required for the type of sign
in such total signage under this section.
[8]
Editor's Note: Table I is included at the end of this chapter.
K.
Design, construction and maintenance. All signs shall
be designed, constructed and maintained in accordance with the following
standards:
(1)
Except for banners, flags, temporary signs, portable
signs and window signs conforming in all respects with the requirements
of this section, all signs shall be constructed of permanent materials
and shall be permanently attached to the ground, building or another
structure by direct attachment to a rigid wall, frame or structure.
L.
Permits to construct or modify signs.
(1)
Signs identified as "P" on Table I shall be erected, installed, modified or created only in accordance with a duly issued and valid sign permit from the Building Inspector. Such permits shall be issued only in accordance with the requirements and procedures set forth in Subsection M and shall lapse six months from date of issue if said sign is not substantially complete.
(2)
Permit for new sign or sign modification. An application
for construction, creation or installation of a new sign or for modification
of an existing sign shall be accompanied by detailed drawings to show
the dimensions, design, structure and location of each particular
sign.
M.
General permit procedures. The following procedures
shall govern the application for and issuance of all sign permits
under this section.
(1)
Applications. All applications for sign permits of any kind shall
be submitted on an application form provided by the Building Inspector.
All application materials shall be submitted in electronic file format
acceptable to the Building Department in addition to at least one
signed original application form and eight paper copies of all plans
and surveys, or such other format or amount as determined by the Building
Department. The Building Department may waive the electronic submission
requirement only in extraordinary cases of technical infeasibility.
[Amended 10-28-2014 by L.L. No. 9-2014]
(2)
Fees. Each application for a sign permit shall be
accompanied by applicable fees, in accordance with the schedule of
fees on file in the Village office.
(3)
Completeness. Within 10 business days of receiving
an application for a sign permit, the Building Inspector shall review
it for completeness. If the Building Inspector finds that it is complete,
the application shall then be processed. If the Building Inspector
finds that it is incomplete, the Building Inspector shall, within
such ten-day period, send to the applicant a notice specifically detailing
why the application is deficient. Such notice shall include appropriate
references to the applicable provisions of this section, and if applicable,
other laws.
[Amended 2-14-2017 by L.L. No. 2-2017]
(4)
Action.
[Amended 3-22-2005 by L.L. No. 5-2005; 2-14-2017 by L.L. No. 2-2017]
(a)
Within 12 business days of the submission of
a complete application for a sign permit, the Building Inspector shall:
[1]
Refer the application to the designated approval authority if site plan approval is required under Chapter 209, Site Plan Review, of the Code of the Village of Rye Brook, and if the sign(s) that is the subject of the application conforms in every respect with the requirements of this section;
[2]
Refer the sign permit to the Board of Architectural Review if the sign(s) that is the subject of the application conforms in every respect with the requirements of this section and the sign application is not subject to site plan approval as required under Chapter 209, Site Plan Review, of the Code of the Village of Rye Brook; or
[3]
Reject the sign permit if the sign(s) that is
the subject of the application fails in any way to conform with the
requirements of this section. In case of a rejection, the Building
Inspector shall specify in the rejection the provisions of the law
with which the sign plan does not conform.
(b)
Where site plan approval was required under Chapter 209, Site Plan Review, of the Code of the Village of Rye Brook by the designated approval authority and the signage plan has been approved in connection with site plan review, the Building Inspector shall forward the completed application to the Board of Architectural Review within 12 business days of receiving the approval authority's resolution of site plan approval, for the proposed sign plan.
(c)
Within 12 business days of receiving the Board
of Architectural Review's notice of approval for the sign plan, the
Building Inspector shall issue the sign permit, provided that the
approved plan conforms in every respect with the requirements of this
section.
N.
Violations.
(1)
Each of the following shall constitute a violation
of this section and shall be subject to the enforcement remedies and
penalties as provided by law.
[Amended 8-18-1998 by L.L. No. 4-1998]
(a)
To install, create, erect or modify any sign
requiring a permit without such a permit.
(b)
To install, create, erect or modify any sign
in a way that is inconsistent with any plan or permit governing such
sign or the lot on which the sign is located.
(c)
To fail to remove any sign that is installed,
created, erected or modified in violation of this section, or for
which the sign permit has lapsed.
(d)
To install, create, erect, modify or maintain
a sign in violation of the Sign Law.
(2)
Each such day of a continued violation shall be considered
a separate violation when applying the penalty portions of this section.
[Amended 8-18-1998 by L.L. No. 4-1998]
(3)
Any sign installed or placed, except in conformance
with the requirements of this section, shall be subject to removal.
In addition to other remedies hereunder, the Village shall have the
right to recover from the owner or person placing such a sign the
full costs of removal and disposal of such signs. The Board of Trustees
will set an administrative fee in the License and Permit Fee Schedule
for the costs associated with the removal and collection of signs,
and the fee shall be paid by the individual or entity retrieving the
signs from the Village. The Police Department shall dispose of the
sign(s) after five calendar days from the removal of the sign(s) by
the Village.
[Amended 8-11-2009 by L.L. No. 8-2009]
(4)
The display of any sign at a location containing the
name or address of a person and a commercial message relating to such
person or address shall be presumptive evidence that such person installed,
created, erected and maintained the sign at the location where it
was displayed. This presumption shall be subject to rebuttal by competent
evidence.
O.
Penalties. Any person in violation of any provision of this section shall, upon conviction, be liable for the penalties set forth in § 250-12 of this chapter.
P.
Severability. If any clause, sentence, paragraph,
section or part of this section shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
[Added 5-11-1993 by L.L. No. 2-1993;
amended 1-11-1994 by L.L. No. 1-1994]
A.
Purpose and findings. The Board of Trustees finds
that the Village should encourage the development of additional housing
options for senior citizens within the Village of Rye Brook to assist
in accommodating a Village and regional demographic trend and housing
need. It is the intent and purpose of this section to promote the
health, safety and welfare of the community by providing for a housing
option for senior citizens which relate to the character of the Village,
are appropriately situated and which include elements of affordability.
To this end, a special exception use permit may be applied for in
accordance with the provisions of this section.
B.
Special permit authorized. A special exception use permit may be granted by the Board of Trustees for a senior citizen housing development in accordance with the procedures of Article IV, § 250-6H(1), of this chapter and subject to the provisions of this section. The applicant shall submit a feasibility study demonstrating the financial and socioeconomic feasibility of the development proposed to assist the Board of Trustees in determining whether the development is feasible. The applicant shall carry the burden of proof to demonstrate compliance with the requirements of this section.
C.
Lot location and size. The site of a senior citizen housing development shall be located immediately adjacent to or south of Westchester Avenue and shall have at least 120 feet of frontage. The site of a senior citizen housing development shall also have a lot area of at least 18,000 square feet, but no more than 55,000 square feet. A site plan conforming to Chapter 209, Site Plan Review, of the Code of the Village of Rye Brook shall accompany a special exception use permit application under this section.
[Amended 1-28-1997 by L.L. No. 2-1997]
D.
Density. The permitted density shall not exceed one
dwelling unit per 1,300 square feet of lot size.
E.
Coverage. Building coverage (principal and accessory)
shall not exceed 30% of the total site. Site coverage (building coverage
plus paved areas, but not including sidewalks) shall not exceed 60%
of total site.
[Amended 1-28-1997 by L.L. No. 2-1997]
F.
Yard and dimensional requirements. All principal and
accessory buildings shall conform to the yard and other dimensional
requirements of the zoning district in which it is located. The Board
of Trustees is authorized to modify any required yard standard, provided
that said Board finds that the proposed modification will result in
improved site design or building layout and that it will not negatively
impact existing natural features, neighborhood character or adjacent
land uses.
[Amended 1-28-1997 by L.L. No. 2-1997]
G.
Design. A senior citizen housing development shall
be designed to be compatible with the natural features of the site
and surrounding uses, not to conflict with the character of existing
buildings in areas where a definite pattern of style has been established
and to reasonably accommodate the needs of senior citizens, including
accessibility needs. Exterior lighting shall be of such nature, arranged
and utilized in a manner so as to minimize interference with adjoining
landowners.
H.
Parking. One on-site parking space shall be required
for each dwelling unit. In the discretion of the Board of Trustees,
additional parking may be required which may be accommodated off-site.
All driveways, parking and standing areas shall be improved surface.
Satisfactory sight distances shall exist at the intersection of access
driveways and roads.
I.
Senior citizen occupancy. All dwelling units shall
be occupied by senior citizens of at least 62 years of age or older.
Dwelling units shall be occupied as a principal place of residence.
Dwelling units shall not be occupied for seasonal use. Temporary visits
by temporary visitors shall be allowed regardless of age, but visits
longer than 30 continuous days or 30 days in any one year may be presumed
not to be temporary.
J.
Fair Housing Act. The owner of the senior citizen
housing development shall establish and enforce policies and shall
manage the senior citizen housing development so as to ensure continuing
compliance with the exemption for housing for older persons 62 years
of age and older under the Federal Fair Housing Act (42 U.S.C. § 3607).
In the event of dwelling unit ownership, no person shall be allowed
to own or occupy a dwelling unit except a person 62 years or older.
In the event of ownership of dwelling units, a homeowners' association
shall be formed with bylaws, subject to approval by the Village Attorney,
which shall ensure that dwelling units shall be owned and occupied
by persons 62 years or older in conformity with the Fair Housing Act.
K.
Rentals and ownership. Rental dwelling units shall
be rented for occupancy by written lease only to natural persons.
Condominium or fee ownership of dwelling units shall not be permitted
unless a homeowners' association is formed capable of carrying out
the responsibilities in this section applicable to such association.
Leases and renewals shall not exceed two years in duration, and sublets
or assignments shall not be allowed. As long as a tenant in actual
occupancy remains eligible for occupancy and has complied with the
terms of the lease or a prior renewal, the tenant shall be offered
a two-year renewal of the lease. Dwelling units permitted to be individually
owned shall be owner-occupied.
L.
Selection of tenants or owners.
(1)
The owner or authorized manager of the senior citizen
housing development shall be responsible for selecting tenants. The
homeowners' association of the development shall be responsible for
selecting new dwelling unit owners upon resale. A general waiting
list for prospective tenants or purchasers shall be maintained by
the owner, homeowners' association or authorized manager. A separate
waiting list for affordable dwelling units shall also be maintained
by the owner, homeowners' association or authorized manager. Subject
to the right of the owner or authorized manager or homeowners' association
to reject a prospective tenant or prospective purchaser for good cause
shown and to rules and regulations as the Board of Trustees may promulgate,
selection of tenants, original owners or owners on resale for all
dwelling units shall be made upon the following priorities:
(2)
Notwithstanding the priorities set forth in this subsection,
a companion of a senior citizen owner or tenant shall have first priority
to rent or purchase a dwelling unit if the companion has resided with
the senior citizen for at least one year and at the time of death
of such senior citizen. This priority shall only apply to the rental
or purchase of the dwelling unit in which the companion resided as
a primary or principal residence with the deceased senior citizen
owner or tenant, and if such companion shall be otherwise qualified
under this section to rent or own a dwelling unit.
M.
Notices to Village. The owner or authorized manager
or homeowners' association shall provide (under oath if requested)
at least the following notices and information to the Village:
(1)
Waiting lists and a list of any unoccupied dwelling
units shall be provided to the Board of Trustees at least four times
a year (January 15, April 15, July 15 and October 15).
(2)
A notice of rental or sale shall be provided to the
Board of Trustees upon the initial rental or sale of every dwelling
unit and upon each renewal or resale.
(3)
The Board of Trustees or Building Inspector, or authorized
agent of either of them, may from time to time require the submission
of such other notices and information as may be deemed pertinent.
At all reasonable times the Building Inspector or authorized agent
of the Board of Trustees may visit and inspect the premises and all
relevant books, records and accounts of the senior citizen housing
development, the authorized manager and owner or homeowners' association,
including on-site audits and inspections, for the purpose of determining
compliance with this section.
N.
Affordability. At least 25% of the dwelling units
shall be affordable and shall be rented or sold only to eligible senior
citizens with rental or sale limitations. Affordable dwelling units
and other dwelling units shall be built to substantially the same
standards and receive substantially the same amenities. If the application
of the twenty-five-percent standard results in a fraction of a dwelling
unit, the required number of affordable dwelling units shall be the
next higher integer.
(1)
Income eligibility. Eligibility for rental or ownership
of an affordable dwelling unit shall be limited to persons that have
a gross household income that is greater than or equal to the very-low-income
figure for a one-person household and is less than or equal to the
low-income figure for a two-person household as such figures are defined
in the Section 8 income limits for Westchester County established
by the United States Department of Housing and Urban Development,
as amended from time to time.
(2)
Rental limits. Annual rents, excluding utilities,
shall be established so as not to exceed 30% of the low-income figure
for a one-person household as defined in Section 8 income limits for
Westchester County established by the United States Department of
Housing and Urban Development, as amended from time to time.
(3)
A maximum of one month's security deposit shall be
held in connection with an affordable rental dwelling unit. Income
eligibility and rental limits shall be determined at the beginning
of the lease term and any renewal. In the event that a tenant of an
affordable dwelling unit becomes ineligible after occupancy, the tenant
may remain in the dwelling unit, but the dwelling unit shall, upon
the next renewal, lose its affordable dwelling unit rental limit,
and the next dwelling unit available for new tenant occupancy shall
become an affordable dwelling unit and subject to income eligibility
and rental limits.
(4)
Sale and resale limits. The sale price of an affordable
dwelling unit shall not exceed 2.5 times the low-income figure for
a one-person household as defined in the Section 8 income limits for
Westchester County established by the United States Department of
Housing and Urban Development, as amended from time to time. The maximum
resale price shall not exceed the current maximum sale price, as set
forth above, or the sum of the following, whichever is greater:
(5)
Deed restrictions. A deed conveying title to an affordable
dwelling unit shall provide that the conveyance is subject to the
provisions of this section and any rules or regulations adopted thereunder
which impose limitations and restrictions upon the sale of the property
conveyed by this deed.
(6)
Estates. Upon the death of the last of the eligible
owners, the executor or administrator of the estate of the deceased
owner shall place the affordable dwelling unit for resale on the basis
as set forth herein. In no event shall the beneficiaries of the estate,
distributee or heirs at law of the deceased owner be entitled to occupy
the affordable dwelling unit or be entitled to ownership status unless
the eligibility provisions of this section and regulations thereunder
are separately adhered to and complied with.
(7)
After diligent efforts to rent an affordable dwelling
unit, the owner of the development may apply to the Board of Trustees
for a waiver of the affordable unit status of a vacant unrented affordable
dwelling unit. The owner shall demonstrate in the application that
diligent efforts have been undertaken to locate an eligible senior
citizen and, under the provisions of this section, the unit cannot
be rented for the near term. If the Board of Trustees grants the waiver,
the next available unit shall become the affordable unit, subject
to this waiver procedure. This waiver provision shall not apply to
a dwelling unit that is individually owned.
O.
Penalties for offenses. Any person violating the provisions
of this section shall, upon conviction, be guilty of an offense and
shall be liable for a fine not exceeding $250 for each offense or
by imprisonment not exceeding 30 days, or by both fine and imprisonment.
Each day an offense continues shall be deemed a separate offense.
P.
Injunction. The Board of Trustees may apply in a court
of competent jurisdiction for injunctive relief to enjoin any continuing
violation of the provisions of this section. In such application,
irreparable injury shall be deemed to exist.
Q.
Covenants. A covenant running with the land, binding
upon heirs, successors and assigns, shall be filed by the owner and
recorded in the office of the County Clerk, satisfactory to the Board
of Trustees, within 60 days after a special permit is granted under
this section. Proof of such recording shall be provided to the Village
before the site plan shall be signed. The covenant shall provide that
the property approved as a senior citizen housing development under
this section shall be utilized for that purpose in accordance with
the provisions of this section, and for no other purpose, and that
the property shall not be further subdivided or sold in parcels unless
the Board of Trustees shall give its prior written consent in an instrument
filed and recorded in the office of the County Clerk.
R.
Additional requirements. The Board of Trustees may
require additional provisions or conditions as the Board of Trustees
may, in its discretion, determine to be appropriate to serve the health,
safety and welfare of the Village. The Board of Trustees may adopt
rules and regulations to carry out the provisions of this section.
Referral to the Planning Board of an amendment to this section to
provide for a purchase of dwelling units shall be optional.
[Added 6-14-1994 by L.L. No. 7-1994;
amended 8-26-2003 by L.L. No. 11-2003; 8-26-2003 by L.L. No. 12-2003; 12-14-2004 by L.L. No. 23-2004]
A.
Purpose. Coverage of lots with excessive structures
can limit access to adequate light and air, increase quantities of
drainage runoff and create adverse impacts, including but not limited
to adverse impacts on neighborhood aesthetics, which affects the character
of the community. The following lot area coverage restrictions are
designed to limit adverse impacts and promote the health, safety and
general welfare of the Village of Rye Brook.
B.
Lot area coverage requirements. The following maximum lot area coverages
shall apply and shall be complied with in the enumerated zoning districts
for a main building, accessory building, porch, enclosed porch and
deck. In no case shall the second-floor area exceed the first-floor
square footage allowance as per the schedule set forth below.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
|
Lot Area Coverage Standards
| |||
|---|---|---|---|
|
Zoning District
|
Main Building Maximum Percent
|
Accessory Building Maximum Percent
|
Decks Maximum Percent
|
|
R-2F
|
30%
|
5%
|
3.5%
|
|
R-5
|
30%
|
5%
|
3.5%
|
|
R-7
|
23%
|
4.5%
|
3.5%
|
|
R-10
|
20%
|
4.5%
|
3.5%
|
|
R-12
|
17%
|
4%
|
4%
|
|
R-15
|
16%
|
3.5%
|
4%
|
|
R-15A
|
12%
|
3.5%
|
4%
|
|
R-20
|
14%
|
3.5%
|
4%
|
|
R-25
|
14%
|
3.5%
|
4%
|
|
R-35
|
14%
|
4%
|
5%
|
C.
Total maximum permitted impervious coverage. The following
maximum impervious coverage standards, based on lot size, shall apply
to each lot:
|
Total Maximum Permitted Coverage By Impervious
Surfaces
| |||
|---|---|---|---|
|
Lot Area
(square feet)
|
For Base Lot Area
(square feet)
|
For Lot Area Over Base Lot Area
| |
|
0 to 4,000
|
0
|
55%
| |
|
4,001 to 6,000
|
2,200
|
35%
| |
|
6,001 to 12,000
|
2,900
|
27%
| |
|
12,001 to 16,000
|
4,520
|
26%
| |
|
16,001 to 20,000
|
5,560
|
25%
| |
|
20,001 to 30,000
|
6,560
|
24%
| |
|
30,001 to 40,000
|
8,960
|
23%
| |
|
40,001 and larger
|
11,260
|
22%
| |
|
Notes: Base Lot Area is the minimum end of the
lot size range in the "Lot Area" column.
|
D.
Maximum permitted coverage by impervious surfaces in front yards.
The following maximum impervious coverage standards, by zoning districts,
shall apply to each lot:
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
|
Zoning District
|
Maximum Permitted Impervious Coverage in Front Yard
|
|---|---|
|
R-35
|
15%
|
|
R-25
|
20%
|
|
R-20
|
30%
|
|
R-15
|
35%
|
|
R-15A
|
35%
|
|
R-12
|
40%
|
|
R-10
|
45%
|
|
R-7
|
40%
|
|
R-5
|
30%
|
|
R2-F
|
30%
|
E.
Existing impervious coverage. Notwithstanding Subsections C and D above, impervious coverage which exists upon the effective date of Subsections C and D and does not comply with said subsections shall not he considered nonconforming as provided in § 250-6F of this chapter, but said impervious coverage shall not be increased unless it is made to conform to all the regulations for the district in which it is situated.
[Added 1-23-1996 by L.L. No. 1-1996; 12-23-2003 by L.L. No.
16-2003; 8-10-2004 by L.L. No. 12-2004; 1-25-2005 by L.L. No.
3-2005; 10-14-2008 by L.L. No. 10-2008]
A.
Purpose.
(1)
Recognizing the fact that many residents of the Village
of Rye Brook currently maintain home occupations or may choose to
do so at some point in the future, the Village has determined to provide
a mechanism for permitting such uses, subject to appropriate review
and the implementation of mitigation measures where appropriate. After
careful consideration and review, the Village recognizes that home
occupations provide benefits to the Village and its residents, including
but not limited to the following: providing residents, particularly
working parents, single parents and the handicapped, with the opportunity
to work at home; potentially reducing the costs of home ownership;
and increasing the number of adults in the community's residential
neighborhoods, thereby potentially increasing those neighborhoods'
vitality, safety and security.
(2)
Conversely, the Village recognizes that unrestricted
use of residentially zoned properties for nonresidential purposes
carries with it the potential for conflicts with and detrimental impacts
on the primarily residential purposes and character of the residentially
zoned areas. Examples of potentially deleterious impacts associated
with the nonresidential use of residentially zoned properties include,
but are not limited to, the following: increases in traffic, sewerage,
trash and noise; the generation of odors, glare and television and
radio interference above and beyond levels normally associated with
residential use of properties; and changes to the property's aesthetics
that are inconsistent with, and potentially detrimental to, surrounding
residential uses.
(3)
In order to further the benefits of home occupations,
including those identified above, while mitigating the potentially
detrimental off-site impacts of home occupations, including those
identified above, the Village has enacted these regulations.
B.
EMPLOYEE
OCCUPANT
RESIDENT(S)
TIER I HOME OCCUPATION
TIER II HOME OCCUPATION
TIER III HOME OCCUPATION
Definitions and interpretations. Words and phrases used in this section shall have the meanings set forth in this Subsection B. Words and phrases not defined in this section but defined in § 250-2 of this chapter shall be given the meanings set forth in such section. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. Except where the context otherwise requires, all words in the singular shall include the plural number and vice versa. Headings or captions are for reference purposes only and shall not be used in the interpretation of this section.
A person who is employed by the resident(s) of a home occupation
business in furtherance of said home occupation business, either full-time
or part-time, and who does not reside at or on the premises wherein
the home occupation is being conducted. Each person so employed shall
be considered to be an employee regardless of the number of hours
he or she works.
An individual who works at the home occupation business operated
at the premises and lives at the premises. An occupant need not be
the record owner of the property. This definition is applicable only
for Tier I home occupations.
An individual who is a full-time resident at the premises
and works at and owns a majority interest of the home occupation business
operated at the premises and is a record owner of the premises. The
term "record owner" includes the owner of record or a member of his
or her immediate family, which shall be limited to a spouse, child,
grandchild, parent, grandparent, brother or sister.
[Amended 7-12-2016 by L.L. No. 4-2016]
Any home occupation conducted entirely within a dwelling, carried on only by the occupants or residents thereof and which meets all of the conditions of § 250-38D(1)(a) of this chapter.
Any home occupation conducted entirely within a dwelling, carried on by the residents thereof and not more than one employee and which meets all of the conditions of § 250-38D(2)(a).
Any home occupation conducted entirely within a dwelling, carried on by the resident(s) thereof and not more than two employees and which meets all of the conditions of § 250-38D(3)(a).
C.
General regulations. Recognizing that the primary
purpose of residential districts and the properties located therein
is residential use, the burden of proof in demonstrating compliance
with these regulations in order to develop and maintain a home occupation
within a residential district shall be upon the applicant. The applicant
shall bear the burden of satisfactorily demonstrating that the home
occupation will conform with the following:
(1)
The proposed home occupation use shall not cause a
significant increase in traffic upon the adjoining roadway.
(2)
Suitably screened adequate parking, meeting all of the requirements of § 250-6G of this chapter, shall be maintained throughout the duration of the use.
(3)
The primary residential purpose of the lot shall be
maintained; to this end, home occupation use of the property (inclusive
of permitted storage of all materials) shall be limited to not more
than 1,000 square feet or 25% of the gross floor area of the principal
residential structure, whichever is less.
(4)
Except as permitted by § 250-38D(1)(a)[9], 250-38D(2)(a)[9] and 250-38D(3)(a)[12] herein, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(5)
The home occupation shall comply with all other applicable
federal, state, county and local regulations.
(6)
The nature and intensity of the home occupation shall
not create hazardous or detrimental conditions or generate any objectionable
noise, odors, fumes, lighting, glare or other adverse impacts.
(7)
The home occupation shall not involve merchandising,
trade or the exchanging of commodities by sale to persons who come
to the premises or by shipment to or from the premises.
(8)
Notwithstanding the provisions of § 250-38D(2)(a)[1] and § 250-38D(3)(a)[1] herein to the contrary, no more than two employees shall be permitted in any home occupation.
(9)
Only one Tier II or Tier III home occupation may be
conducted within the dwelling.
(10)
The home occupation permitted by this home occupation
permit shall only apply to the use and person(s) described in said
permit and may not be transferred to a future owner or tenant of the
home.
(11)
The Building Inspector has conducted a fire safety and property
maintenance inspection of the entire dwelling and such complies with
Uniform Code and the Village Code. The entire dwelling shall undergo
an annual fire safety inspection by the Building Department.
[Added 11-29-2018 by L.L.
No. 1-2019]
D.
Conditions for home occupations. Recognizing that different home occupations exhibit varying potentials for generating off-site impacts, the Village adopts three tiers of home occupations for the purposes of establishing review procedures and approval conditions identified in either § 250-38D(1)(a), § 250-38D(2)(a) or § 250-38D(3)(a) the applicable review procedure and approval conditions for a home occupation permit shall be that of the tier in which all of said conditions are met.
(1)
Tier I home occupations.
(a)
Tier I home occupations meeting all of the standards of § 250-38A and 250-38C herein are permitted as of right in all residential zoning districts, provided that they conform with the following additional conditions:
[1]
No employees other than the occupants or residents
of the property shall be permitted.
[2]
The maximum number of visits, other than pickups and deliveries as set forth in § 250-38D(1)(a)[3] herein, by clients, customers and others coming to do business at the site of the home occupation shall be limited to no more than 12 per year.
[3]
No more than five pickups or deliveries per
week, other than regular mail, commercial mail service and overnight
delivery service, shall be permitted.
[4]
No storage of materials other than that which
is clearly incidental to the operation of the home occupation shall
be permitted. No outdoor storage shall be permitted.
[5]
No equipment other than light office equipment
(including but not limited to typewriters, computers, fax machines,
photocopiers or postage meters) or equipment that might typically
be used in a residential use shall be permitted.
[6]
No production of materials other than written
materials, computer-generated materials or a type and quantity of
materials that might typically be created as part of a residential
hobby shall be permitted; in no case shall any manufacturing, assembly
or food preparation be permitted.
[7]
No emissions of noise, odors, fumes, glare or
lighting or radio or television transmissions which cause electromagnetic
interference shall be permitted beyond the property line.
[8]
Sewage and trash generation shall be limited
to that generated by normal household use.
(b)
Tier I home occupations shall be subject to
the right of inspection of the premises by the Building Inspector
to ensure compliance with this chapter but shall not require a home
occupation permit.
(2)
Tier II home occupations.
(a)
The Village Board of Trustees is authorized to approve a Tier II home occupation permit in a residential zoning district, provided that the applicant demonstrates compliance with the standards of § 250-38A and § 250-38C herein and conforms with the following additional conditions:
[1]
No more than one employee shall be permitted.
[2]
The maximum number of visits, other than pickups and deliveries as set forth in § 250-38D(2)(a)[3] herein, by clients, customers and others coming to do business at the site of the home occupation shall be limited to no more than five per week, with not more than one visitor at a time.
[3]
No more than five pickups or deliveries per
week, other than regular mail, commercial mail service and overnight
delivery service, shall be permitted.
[4]
No storage of materials other than that which
is clearly incidental to the operation of the home occupation shall
be permitted. No outdoor storage shall be permitted.
[5]
No equipment other than light office equipment
(including but not limited to typewriters, computers, fax machines,
photocopiers or postage meters), electrical machinery with a maximum
of two horsepower or equipment that might typically be used in a residential
use shall be permitted.
[6]
No production of materials other than written
materials, computer-generated materials, materials created by light
assembly performed by hand or with electrical equipment with a maximum
of two horsepower or a type and quantity of materials that might typically
be created as part of a residential use shall be permitted.
[7]
No emissions of noise, odors, fumes, glare or
lighting or radio or television transmissions which cause electromagnetic
interference shall be permitted beyond the property line.
[8]
Sewage and trash generation shall be limited
to that generated by normal household use.
[10]
Hours of operation shall be limited
to 8:00 a.m. to 8:00 p.m., Monday through Friday, unless otherwise
determined or modified by the Village Board, based upon its review
of the particular characteristics of the proposed use.
(b)
Applications for Tier II home occupation permits shall be made to the Village Board of Trustees on forms provided by the Building Department. All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least one signed original application form and eight paper copies of all plans and surveys, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical in feasibility. The applicant shall also provide any additional information as may be requested by the Board of Trustees. The Village Board of Trustees shall approve, approve with conditions or deny the application, in writing, or, in its sole discretion, refer the application to the Village of Rye Brook Planning Board for site plan approval if it deems such referral to be warranted. Such referral shall be in writing. Denials and approvals with conditions shall state the reasons for the denial or imposition of the conditions of approval. Approvals, denials or referrals shall be granted only following a public notification and public hearing in accordance with the provisions of § 250-38D(2)(c) herein.
[Amended 10-28-2014 by L.L. No. 9-2014]
(c)
All applications for Tier II home occupations shall be subject to the public notification requirements set forth in § 250-40 of the Code.
(d)
All approved Tier II home occupation permits
shall only be valid for a period of one year from the initial date
of approval.
(e)
Approved Tier II home occupation permits shall
be renewed annually. The Building Inspector is authorized to issue
such renewal permits, provided that there has not been any violation
of the provisions of this chapter and subject to the right of inspection
of the premises by the Building Inspector. Requests for renewals shall
be submitted to the Building Inspector by June 15 of each year accompanied
by the prevailing renewal fee, renewal application form, and a sworn
statement, in writing, identifying the nature of the home occupation;
business name of the home occupation; name of resident(s); name of
any employee(s); any other information requested by the Building Inspector
necessary to determine compliance with the home occupation permit
and the provisions of this chapter; and certifying that no violations
of the provisions of this chapter exist. A material misstatement in
the certification shall constitute a violation of the provisions of
this chapter.
(3)
Tier III home occupations.
(a)
The Village Board of Trustees is authorized to approve a Tier III home occupation permit in a residential zoning district, provided that the applicant demonstrates compliance with the substantive and procedural requirements of § 250-6H and the standards of § 250-38A and § 250-38C of the chapter and conforms with the following additional conditions:
[1]
No more than two employees shall be permitted.
[2]
The front or side yard of the lot on which the home occupation is located shall abut a main artery or intersecting street as defined in § 240-11 of the Code of the Village of Rye Brook.
[3]
The maximum number of visits, other than pickups and deliveries as set forth in § 250-38D(3)(a)[4] herein, by clients, customers and others coming to do business at the site of the home occupation shall be limited to no more than one per hour.
[4]
No more than five pickups or deliveries per
week, other than regular mail, commercial mail service and overnight
delivery service, shall be permitted.
[5]
No storage of materials other than that which
is clearly incidental to the operation of the home occupation shall
be permitted. No outdoor storage shall be permitted.
[6]
No equipment other than light office equipment
(including but not limited to typewriters, computers, fax machines,
photocopiers, medical or dental equipment or postage meters), electrical
machinery with a maximum of two horsepower or equipment that might
typically be used in a residential use shall be permitted.
[7]
No production of materials other than written
materials, computer-generated materials, materials created by light
assembly performed by hand or with electrical equipment with a maximum
of two horsepower or a type and quantity of materials that might typically
be created as part of a residential use shall be permitted.
[8]
No emissions of noise, odors, fumes, glare or
lighting or radio or television transmissions which cause electromagnetic
interference shall be permitted beyond the property line.
[9]
Any trash generation that is in excess of that
which is typical of any normal household use shall not be permitted,
unless disposed of by a private carter.
[10]
Any hazardous or biological wastes
generated must be stored indoors, clearly labeled and properly disposed
of by a private carter in accordance with all applicable laws and
regulations.
[11]
Any discharge of waste into sanitary
sewers other than that typical of a residential use shall not be permitted,
unless such waste is properly treated prior to discharge in accordance
with all applicable laws and regulations.
[13]
Hours of operation shall be limited
to 8:00 a.m. to 8:00 p.m., Monday through Friday, unless otherwise
determined or modified by the Village Board, based upon its review
of the particular characteristics of the proposed use.
(b)
Applications for Tier III home occupations permits shall be made to the Village Board of Trustees on forms provided by the Building Department and any additional information as requested by the Village Board of Trustees. All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least one signed original application form and eight paper copies of all plans and surveys, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility. The Village Board of Trustees shall approve, approve with conditions or deny the application, in writing, or, in its sole discretion, refer the application to the Village of Rye Brook Planning Board for site plan approval if it deems such referral to be warranted. Such referral shall be in writing. Denials and approvals with conditions shall state the reasons for the denial or imposition of the conditions of approval. Approvals, denials or referrals shall be granted only following public notification and a public hearing in accordance with the provisions of § 250-38D(3)(c) herein.
[Amended 10-28-2014 by L.L. No. 9-2014]
(c)
All applications for Tier III home occupations shall be subject to the public notification requirements set forth in § 250-40 of the Code.
(d)
All approved Tier III home occupation permits
shall be valid only for a period of one year from the initial date
of approval.
(e)
Approved Tier III home occupation permits shall
be renewed annually. The Building Inspector is authorized to issue
such renewal permit, provided that there has not been any violation
of the provisions of this chapter and subject to the right of inspection
of the premises by the Building Inspector. Requests for renewals shall
be submitted to the Building Inspector by June 15 of each year, accompanied
by the prevailing renewal fee, renewal application form, and a sworn
statement, in writing, identifying the nature of the home occupation;
business name of the home occupation; name of resident employees;
name of any employees; any other information requested by the Building
Inspector necessary to determine compliance with the home occupation
permit and the provisions of this chapter; and certifying that no
violations of the provisions of this chapter exist. A material misstatement
in the certification shall constitute a violation of the provisions
of this chapter.
E.
Modification of conditions. Any resident engaging in a lawfully permitted home occupation pursuant to the provisions of this chapter shall have the right to appeal to the Village Board of Trustees for a modification of the hours of operation or other regulations set forth in § 250-38D(1)(a)(7) through D(1)(a)(9) (Tier I); § 250-38D(2)(a)(7) through D(2)(a)(10) (Tier II); or § 250-38D(3)(a)(3) and Chapter 250-38D(3)(a)(8) through (13) upon a showing of good cause, on forms provided by the Building Department and any additional information that may be requested by the Village Board. The Village Board shall hear the appeal at a public hearing after public notice in accordance with the provisions of § 250-40 of the Village Code. The Village Board may grant, grant with conditions or deny the appeal, in writing. Pending the determination of any appeal, the home occupation must be operated in accordance with the applicable provisions of this chapter, and there shall not have been any violation of the provisions of this chapter with respect to the home occupation within a one-year period prior to the Village Board's receipt of the appeal. The Village Board's determination of the appeal shall be final.
F.
Failure to register annually, permit an annual inspection
or inclusion of material misstatements or failure to disclose material
facts.
(1)
The failure of a resident to submit an application for the renewal of a home occupation permit in accordance with the provisions of § 250-38D(2)(e) or § 250-38D(3)(e), or to permit an annual inspection by the Building Inspector will constitute a violation of the provisions of this chapter and result in the nonrenewal of the home occupation permit. In addition, the inclusion of a material misstatement of fact or the failure to disclose a material fact in an application or certification for a home occupation permit or the renewal of a home occupation permit shall constitute a violation of the provisions of this chapter and will result in the nonrenewal of the home occupation permit.
(2)
Notwithstanding the above, a resident who has not complied with that portion of this Subsection F requiring the submission of an application for the renewal of a home occupation permit in accordance with the provisions of § 250-38D(2)(e) or § 250-38D(3)(e) will be afforded a period of six months from the date this section becomes effective to cure this violation. If, during this six-month period, such resident, who is engaging in a lawful home occupation, submits an application for the renewal of a home occupation permit in accordance with the relevant provisions of this chapter, the Building Inspector shall be authorized to grant said application and renew the home occupation.
[Added 10-12-1999 by L.L. No. 3-1999; amended 10-23-2001 by L.L. No.
5-2001; 1-22-2002 by L.L. No. 1-2002; 8-26-2003 by L.L. No. 13-2003; 10-28-2014 by L.L. No. 9-2014; 8-27-2019 by L.L. No. 8-2019]
A.
Findings and purposes. The Village has received and expects to receive
requests to site wireless telecommunications facilities within its
municipal boundaries. It is the intent of the Village to protect and
promote the health, safety and general welfare of its residents by
establishing an orderly process for regulating the siting of wireless
telecommunications to retain the residential character of the Village,
to maintain property values, to preserve the integrity of the Village's
zoning, to encourage the shared use of wireless telecommunications
facilities and to minimize adverse visual impacts.
B.
ACCESSORY OR ANTENNA EQUIPMENT
ANTENNA
APPROVING AUTHORITY
BASE STATION
(1)
(2)
(3)
(4)
COLLOCATION
COMPLETE APPLICATION
CONCEALMENT ELEMENT
DISTRIBUTED ANTENNA SYSTEM (DAS)
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
INCOMPLETE APPLICATION
MICROCELL FACILITY
MODIFICATION
MONOPOLE
NON-SMALL WIRELESS FACILITY
REPLACEMENT
SETBACK
SMALL WIRELESS FACILITY
(1)
(2)
(3)
(4)
(5)
(6)
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
(5)
(6)
TOWER
TRANSMISSION EQUIPMENT
UTILITY POLE
WIRELESS TELECOMMUNICATIONS FACILITY
WIRELESS TELECOMMUNICATIONS PROVIDER
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Any equipment serving or being used in conjunction with wireless
telecommunications facilities and located on the same property or
lot as the wireless telecommunications facilities, including, but
not limited to, utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters, buildings and similar structures, and, when located
or collocated on a structure, which is mounted or installed at the
same time as an antenna.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location,
for the provision of personal wireless service (whether on its own
or with other types of services). For purposes of this definition,
the term "antenna" does not include an unintentional radiator, mobile
station, or device authorized under 47 CFR Part 15 of the United States
Code.
The Village Board of Trustees shall be the approving authority
for all non-small wireless facility special use permit applications.
The Planning Board shall be the approving authority for all small
wireless facility applications.
A structure or equipment at a fixed location that enables
federally licensed or authorized wireless telecommunications between
user equipment and a telecommunications network.
The term includes, but is not limited to, equipment associated
with wireless telecommunications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and microcell networks).
Consistent with the Nationwide Programmatic Agreement (NPA)
for the collocation of wireless antennas:
A wireless telecommunications facility application that includes all documents and information required as set forth in § 250-39I for a small wireless facility application or § 250-39N for a non-small wireless facility application. Once the wireless telecommunications facility application is deemed complete by the Building Department it may be submitted to the designated approving authority for review as set forth herein.
Any design feature, including, but not limited to, painting,
landscaping, shielding requirements and restrictions on location,
proportions or physical dimensions in relation to the surrounding
area or supporting structures that are intended to and do make a wireless
telecommunications facility or any supporting structure supporting
it substantially less visible to the casual observer.
A network of spatially separated antenna sites connected
to a common source that provides wireless telecommunications services
within a geographic area or structure.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station as defined in this Section, provided
that it is existing at the time the relevant application is filed
with the Village of Rye Brook.
A wireless telecommunications facility application that fails to supply all documents and information required as set forth in § 250-39I for a small wireless facility application or § 250-39N for a non-small wireless facility application. The Building Department shall be responsible for determining whether a wireless telecommunications facility application is complete or incomplete. An incomplete application shall not be reviewed by the designated approving authority as set forth herein.
Microcells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas tanging in size from homes and offices
to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A microcell facility meets both the following qualifications: each
antenna is located inside an enclosure of no more than six cubic feet
in volume or, in the case of an antenna that has exposed elements,
the antenna and all of its exposed clements could fit within an imaginary
enclosure of no more than six cubic feet; and all other wireless equipment
associated with the facility is cumulatively no more than 17 cubic
feet in volume.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities, or the improvement, upgrade or expansion
of the wireless telecommunications facilities located within an existing
equipment compound if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
telecommunications facilities.
A wireless telecommunications support structure which consists
of a single pole, designed and erected on the ground or on top of
a structure, to support a wireless telecommunications antenna and
accessory equipment.
Any wireless telecommunications facility that is not a small
wireless facility as defined herein.
The replacement of existing wireless telecommunications antenna
on any existing support structure or on existing accessory equipment
for maintenance, repair or technological advancement with equipment
composed of the same wind loading and structural loading that is substantially
similar in size, weight, and height as the existing wireless telecommunications
antenna and which does not substantially change the physical dimensions
of any existing support structure or create greater or additional
adverse visual impacts.
The shortest horizontal distance from a lot line to the part
of a support structure or an equipment facility which is nearest to
such lot line.
A wireless telecommunications facility, including, but not
limited to, DAS and microcells, that meets each of the following conditions:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas and backup power and related backup power equipment) is cumulatively
no more than 28 cubic feet in volume;
The facility does not require antenna structure registration
under 47 CFR Part 17;
The facility is not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facility does not result in human exposure to radio-frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Camouflaging methods applied to wireless telecommunications
facilities which render them more visually appealing or which serve
to blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted facilities, building-mounted antennas painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, light poles, and the like.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers, other than towers in the public rights-of-way, the
modification increases the height of the original height of the tower
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater; for other eligible support structures,
it increases the height of the structure by more than 10% or more
than 10 feet, whichever is greater;
For any eligible support structure the modification involves
the installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets;
or, for towers in the public rights-of-way and base stations, it involves
installation of any new equipment cabinets on the ground if there
are no preexisting ground cabinets associated with the structure,
or else involves installation of ground cabinets that are more than
10% larger in height or overall volume than any other ground cabinets
associated with the structure;
For towers other than towers in the public rights-of-way, the
modification involves adding an appurtenance to the body of an existing
tower that would protrude from the edge of the existing tower more
than 20 feet, or more than the original width of the tower at the
level of the appurtenance, whichever is greater; for other eligible
support structures, the modification involves adding an appurtenance
to the body of the structure that would protrude from the edge of
the structure by more than six feet;
The modification involves any excavation or deplovment outside
the current existing structure site, defined as the current boundaries
of the leased or owned property surrounding the existing structure
and any access or utility easements currently related to the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Any structure built for the sole or primary purpose of supporting
any federally licensed or authorized antennas and their associated
facilities, including structures that are constructed for wireless
telecommunications services including but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul, and
the associated site.
Equipment that facilitates transmission for any federally
licensed or authorized wireless telecommunications service, including,
but not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, and regular and backup power supply. The term includes equipment
associated with wireless telecommunications services, including, but
not limited to, private, broadcast, and public safety services, as
well as unlicensed wireless services and fixed wireless services such
as microwave backhaul.
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function, regardless
of ownership, including Village-owned poles or poles owned by other
utility companies.
A structure, facility or location designed or intended to
be used as, or used to support, one or more antennas, along with one
or more antennas located on such structure and any accessory equipment.
It includes, without limit, freestanding towers, guyed towers, monopoles,
DAS, microcell or small wireless facilities on utility poles in the
public right-of-way or property of the Village or elsewhere within
the Village and similar structures that employ stealth technology,
including, but not limited to, structures such as a multistory building,
church steeple, silo, water tower, sign or other similar structures
intended to mitigate the visual impact of an antenna or the functional
equivalent of such. It includes any structure, antennas and accessory
equipment intended for transmitting and/or receiving radio, television,
cellular, paging, 911, personal telecommunications services, commercial
satellite services, microwave telecommunications or other cellular
telecommunications technologies, but excluding those used exclusively
for the Village's fire, police and other governmental dispatch telecommunications,
or exclusively for private radio and television reception and private
citizen's bands, amateur radio and other similar telecommunications.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
C.
Regulation of use. No wireless telecommunications facility shall
be established, constructed, maintained, operated or modified, except
in conformity with the provisions of this Section.
D.
Eligible facilities request. Notwithstanding anything to the contrary
in this Section, any application for a wireless telecommunications
facility that does not substantially change the dimensions of an eligible
support structure shall not require a small wireless facility permit
or special use permit. In the event that a modification to, or replacement
of, an eligible support structure does not substantially change the
existing eligible support structure, all that shall be required is
a building permit from the Village Building Inspector.
E.
Wireless telecommunications facility fees.
(1)
Application fee. At the time an applicant submits an application
for a wireless telecommunications facility, such applicant shall pay
a nonrefundable application fee in an amount as determined by the
Village Board and set forth in the Village Fee Schedule, in addition
to any other fees required by law.
(2)
Reimbursement for use of the public right-of-way. In addition to
the required permit application fees, every wireless telecommunications
facility located in the public right-of-way is subject to the Village's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the public right-of-way. This annual fee shall be
set forth in the Village Fee Schedule.
F.
Escrow review costs. In accordance with § 47-2, and to the extent permissible under federal law, for wireless telecommunications facility applications, the applicant shall be required to provide funds to an escrow account held by the Village to allow the Planning Board or Village Board of Trustees to retain such technical experts and other consultants as may be necessary to review the application, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.
G.
Location of wireless telecommunications facility.
(1)
A wireless telecommunication facility shall be located, sited and
erected in accordance with the following priorities, (a) being the
highest priority and (f) being the lowest priority.
(a)
Collocation on existing wireless telecommunications facilities
on lands owned or controlled by the Village, not including the public
right-of-way;
(b)
Collocation on a site with existing wireless telecommunications
facilities or other tall structures in the Village, by the designated
approving authority;
(c)
On other lands owned or controlled by the Village, including,
but not limited to, the Village public right-of-way;
(d)
On lands owned or controlled by other municipal corporations
within the Village, to the extent permitted by such other municipal
corporation;
(e)
On nonresidential-zoned properties; and
(f)
On residential-zoned properties.
(2)
If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons why
the required permit should be granted for the proposed site and the
hardship that would be incurred by the applicant if the permit were
not granted for the proposed site.
(3)
An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address collocation as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the approving
authority why collocation is commercially impracticable.
(4)
Notwithstanding the above, the Village may approve any site located
within the Village, provided that the Village finds that the proposed
site is in the best interest of the safety, public welfare, character
and environment of the Village and will not have a deleterious effect
on the nature and character of the community and surrounding properties.
H.
Small wireless facility permit required.
(1)
In order to ensure compliance with all applicable provisions of the
Village of Rye Brook Code, state law and federal law, all small wireless
facilities shall require a small wireless facility permit from the
Planning Board.
(2)
An application submitted for a small wireless facility permit shall
comply with the applicable provisions of this Section. However, notwithstanding
anything to the contrary, where appropriate, the Planning Board shall
have the authority to waive any application or substantive requirements
set forth in this Section relating to an application for, or approval
of, a small wireless facility permit, unless otherwise expressly set
forth herein.
(3)
Unless otherwise set forth in this Section, a DAS facility, microcell
facility or other type of wireless telecommunications facility, any
of which do not meet the definition of small wireless facility, shall
require a special use permit from the Village Board of Trustees.
I.
Application requirements for small wireless facilities.
(1)
Upon receipt of an application for a small wireless facility, the
Planning Board shall review said application and plans in accordance
with the applicable standards and requirements set forth in this Section.
(2)
An application for approval of a small wireless facility shall be
submitted on the pertinent forms provided for that purpose by the
Village and shall be jointly filed by the operator of the small wireless
telecommunications facility and the owner of the property on which
such facility is proposed to be located, unless located on Village
property. The application and documents accompanying the application
shall also be submitted in electronic file format.
(3)
The Planning Board may attach such conditions and safeguards to any
small wireless facility permit and site development plan as are, in
its opinion, reasonable and necessary or desirable to ensure initial
and continued conformance to all applicable standards and requirements.
(4)
Granting a small wireless facility permit shall not waive the requirement for final site plan approval, including fees, in accordance with Chapter 209.
(5)
The applicant shall submit a site plan describing any new proposed
structure and antenna and all related fixtures, accessory equipment,
appurtenances and apparatus, including, but not limited to, height
above preexisting grade, materials, color and lighting.
(6)
An application for a small wireless facility permit shall be signed
on behalf of the applicant by the person preparing the same and with
knowledge of the contents and representations made therein and attesting
to the truth and completeness of the information. The landowner, if
different than the applicant, shall also sign the application, unless
the landowner is the Village. At the discretion of the Planning Board,
any false statement in the application may subject the applicant to
denial of the application.
(7)
The applicant must provide documentation to verify it has a legal
interest in the site, if not within the public right-of-way. Said
documentation may be in the form of a recorded or executed deed, contract
for sale or lease for the property, depending on whether the applicant
is the property owner, contract vendee or lessee.
(8)
If proposing a new structure for the purpose of supporting a small
wireless facility, the application shall be accompanied by a map which
shows the applicant's existing and proposed area of coverage. Such
map shall locate all existing wireless telecommunications facility
sites, including small wireless facilities and non-small wireless
facilities, within 1/2 mile of the proposed small wireless facility.
(9)
In addition to the small wireless facility permit application requirements
set forth herein, all applications for the construction or installation
of a new small wireless facility or modification of an existing small
wireless facility shall contain the following information:
(a)
A descriptive statement of the objective(s) for the new facility
or modification, including and expanding on a need such as coverage
and/or capacity requirements, densifying a wireless network, introducing
new services or improving service capabilities;
(b)
The postal address and Tax Map parcel number of the property;
(c)
The location, size, and height of all existing and proposed
structures on the property which is the subject of the application;
(d)
Documentation justifying the total height of any proposed antenna
and structure and the basis therefor;
(e)
The applicant's name, address, telephone number and email address;
(f)
The name, address, phone number and email of the property owner,
if different than the applicant;
(g)
The size of the property, stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines, if the proposed small
wireless facility is located outside the public right-of-way;
(h)
The location of the nearest residential structure;
(i)
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed small wireless facility is
located outside the public right-of-way;
(j)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(k)
Identify and disclose the number and locations of any small
wireless facility that the applicant has previously installed in the
Village;
(l)
A description of the anticipated maintenance needs associated
with the small wireless facility, facility, including frequency of
service, personnel needs and equipment needs, and the potential traffic
safety and noise impact of such maintenance;
(m)
A copy of the FCC license applicable for the intended use of
the small wireless facility; and
(n)
Information relating to the expected useful life of the proposed
small wireless facility.
(10)
The applicant shall furnish written certification that the small
wireless facility and attachments are designed and will be constructed
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. If the wireless facility
is subsequently approved and constructed, as-built certification indicating
that the facility has been constructed in accordance with all standards
shall be furnished to the Village prior to issuance of any certificate
of occupancy.
(11)
The application shall include a demonstration that the facility
will be sited so as to minimize visual intrusion as much as possible
given the facts and circumstances involved with the proposed site
and facility, will employ stealth technologies as directed by the
Planning Board, where appropriate, and will thereby have the least-adverse
visual effect on the environment, the character of the community,
surrounding properties and on the residences in the area of the wireless
telecommunications facility.
J.
Approval procedures for small wireless facility permits.
(1)
For small wireless facility applications, the Planning Board may,
at its discretion, require a public hearing.
(2)
All decisions of the Planning Board involving applications for a
small wireless facility permit shall be in writing and supported by
substantial evidence contained in a written record.
(3)
No application shall be accepted and no permit shall be issued for
a small wireless facility on a property where the Building Inspector
has found, or there exists, a violation of the Village Code and where
such violation has not been corrected.
(4)
Time frames for approval.
(a)
Within 60 calendar days of receipt of a complete application
for the collocation of a small wireless facility on a preexisting
utility pole, monopole or other existing support structure, the Planning
Board shall make a final decision on whether to approve the application
and shall notify the applicant in writing of such decision.
(b)
Within 90 calendar days of receipt of a complete application
for a small wireless facility on a new utility pole, monopole or other
new support structure, the Planning Board shall make a final decision
on whether to approve the application and shall notify the applicant
in writing of such decision.
(c)
Within 10 calendar days of receipt of an incomplete application
for a small wireless facility, the Village shall notify the applicant,
in writing, of any supplemental information required to complete the
application. Upon receipt of an applicant's supplemental submission
and adequate response to the initial notification of incompleteness
by the Village, the applicable shot clock will reset to zero, and
the Village shall have the full 60 calendar days or 90 calendar days
permitted by law to act on the completed application.
(d)
For any subsequent determinations of incompleteness beyond the
initial submission, the Village shall notify the applicant of any
required supplemental information within 10 days of receipt of the
supplemental submission, and such notice shall stop the applicable
shot clock until the applicant submits the required supplemental information.
K.
Requirements for small wireless facilities.
(1)
General requirements for small wireless facilities.
(a)
A small wireless facility shall be designed, constructed, operated,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including,
but not limited to, the American National Standards Institute (ANSI)
Code, National Electrical Safety Code, and National Electrical Code.
(b)
Annual NIER certification. The holder of a small wireless facility
permit shall, annually, certify to the Planning Board, or its authorized
designee, that NIER levels at the site where a small wireless facility
is located are within the threshold levels adopted by the FCC. In
addition, the Village, at its own cost and expense, shall be permitted
to conduct its own certification test of the NIER levels at the site
where any small wireless facility is located, upon notice to the wireless
telecommunications provider.
(c)
A small wireless facility shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Village.
(d)
A small wireless facility shall not interfere with public safety
telecommunications or the reception of broadband, television, radio
or other telecommunications services enjoyed by occupants of nearby
properties.
(e)
A small wireless facility shall not, by itself or in conjunction
with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of
the FCC. When a small wireless facility is complete, as-built readings
shall be taken and submitted to the Village.
(f)
The Village reserves the right to inspect any small wireless
facility to ensure compliance with the provisions of this subsection
and any other provisions found within the Federal Communications Commission
regulations, the Village Code, state and federal law. The Village
and/or its agents shall have the authority to enter the property upon
which a small wireless facility is located at any time, upon reasonable
notice to the operator and property owner, to ensure such compliance.
(g)
All antennas and other supporting structures shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with.
(h)
The owner and/or user of the small wireless facility; after
construction thereof, shall annually submit a report to the Superintendent
of Public Works/Village Engineer prepared by a qualified professional
engineer or engineers.
[Amended 10-27-2020 by L.L. No. 9-2020]
[1]
Such report shall provide an analysis of the nonionizing electrical radiation emitted by the facility and shall be accompanied by sufficient underlying data, as determined by the Superintendent of Public Works/Village Engineer, so that the analysis can be reviewed for accuracy and completeness by an expert in the field. The Village Board of Trustees may refer the report to a qualified professional of its choosing to review the report, the cost of which shall be reimbursed by the applicant in accordance with the professional review fee reimbursement procedures set forth in § 47-2.
[2]
If the owner and/or user demonstrates that an acceptable comparable
report, as determined by the Superintendent of Public Works/Village
Engineer is routinely made to another agency in acceptable intervals,
the approving authority may authorize the submission of such comparable
report to the Superintendent of Public Works/Village Engineer in lieu
of the annual report required above. In the event that the report
is not submitted as required, the Village may, in its discretion,
obtain its own report at the owner and/or wireless telecommunications
provider's expense.
[3]
If the owner and/or wireless telecommunications provider fails
to pay for the report within 30 days after a demand has been made
by the Village, the cost shall constitute a lien against the property
involved and may be levied, assessed and collected in the same manner
as Village taxes.
(2)
Specific requirements for small wireless facilities.
(a)
Setback. All wireless telecommunications support structures
for any small wireless facility located outside the public right-of-way
shall be set back from the property line of the lot on which they
are located a distance equal to not less than the total height of
the facility, including the support structure, measured from the highest
point of such support structure to the finished grade elevation of
the ground on which it is situated, plus 10% of such total height.
The Planning Board may reduce such setback requirements based upon
consideration of lot size, topographic conditions, adjoining land
uses, landscaping, other forms of screening and/or structural characteristic
of the proposed support structure. However, in no case shall the Planning
Board reduce the setback required to less than the applicable setback
requirements for principal structures in the district in which the
property is located.
(b)
Height. A small wireless facility shall be no higher than the
minimum height necessary. The proposed height, which may be in excess
of the maximum height permitted for other structures in the applicable
zoning district, shall address any additional height necessary to
accommodate collocation by additional antenna arrays, but under no
circumstances is the height to be in excess of what is permitted for
a small wireless facility; as defined herein.
(c)
Visual mitigation.
[1]
A small wireless facility shall be sited so as to have the least-adverse
visual effect on the environment and its character, on existing vegetation
and on the residents in the area of the wireless telecommunications
facilities sites.
[2]
Antennas and antenna accessory equipment shall be of colors
that are harmonious with the exterior of the support structure and
with surrounding buildings and other structures. All colors shall
be the least visually intrusive as determined by the Planning Board.
[3]
Both the small wireless facility and any and all accessory equipment
shall maximize use of building materials, colors and textures designed
to blend the small wireless facility with the structure to which it
may be affixed and/or to harmonize the small wireless facility with
the natural surroundings.
[4]
A small wireless facility shall not be artificially lighted
or marked, except as required by law. If lighting is required, the
applicant shall provide a detailed plan for sufficient lighting of
as unobtrusive and inoffensive an effect as is permissible under federal,
state and local laws, statutes, codes, rules or regulations.
[5]
Electrical and land-based telephone lines extended to serve
the wireless telecommunications facility sites shall be installed
underground.
[6]
Stealth technologies shall be required to be employed in an
effort to blend the small wireless facility with the surrounding environment
and minimize aesthetic impact.
[7]
Landscaping shall be provided, if appropriate.
[a]
In determining the most appropriate landscaping
to be provided, the approving authority shall consider the visual
impact of the small wireless facility in its setting with regard to
immediate proximity of observers and the sight lines from sensitive
and surrounding viewing points. The area surrounding the small wireless
facility or attached wireless facility shall be landscaped and maintained
with trees, shrubs and ground cover consistent with the surrounding
community character and satisfactory to the approving authority.
[b]
When a fence is required, the outside of such fencing
shall be landscaped with trees, shrubs or other appropriate planting
material satisfactory to the approving authority.
[c]
An existing natural vegetative buffer which meets
or exceeds the above requirements may be retained to meet the landscape
requirements set forth above.
[8]
Small wireless facilities and any accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists.
L.
Regulations applicable to small wireless facility permits in the
public right-of-way. In addition to the applicable small wireless
facility permit requirements set forth in this Section, all small
wireless facilities located in the public right-of-way shall be required
to comply with the following regulations:
(1)
In no case shall ground-mounted accessory equipment, walls, or landscaping
be located within 18 inches of the face of the curb, or within an
casement extending onto a privately owned lot.
(2)
To the extent feasible, accessory equipment shall be placed underground.
Ground-mounted accessory equipment that cannot be placed underground
shall be screened from surrounding views, to the fullest extent possible
through the use of landscaping or other decorative features, to the
satisfaction of the Village. Ground-mounted accessory equipment shall
be screened, when possible, by utilizing existing structures. If screening
by utilizing existing structures is not possible, ground-mounted accessory
equipment shall be made architecturally and aesthetically compatible
with the surrounding area through the use of coatings, landscaping,
and/or screening walls, enclosures or other stealth technology to
the satisfaction of the Planning Board.
(3)
The applicant shall incorporate concealment elements into the proposed
design. Concealment shall include approved camouflage or shrouding
techniques. All small wireless accessory equipment shall be shrouded.
(4)
Any graffiti on any small wireless facility support structure or
any accessory equipment shall be removed within 30 days upon notification
by the Village, at the sole expense of the owner.
(5)
Any new pole and/or equipment and other improvements associated with
a new pole or an existing pole must not obstruct:
(a)
Access to any aboveground or below-ground infrastructure for
traffic control streetlight or public transportation, including, without
limitation, any curb control sign, parking meter, vehicular traffic
sign or signal, pedestrian traffic sign or signal;
(b)
Access to any public transportation vehicles, shelters, street
furniture or other improvements at any public transportation stop;
(c)
Access to aboveground or underground infrastructure owned or
operated by any public or private utility agency;
(d)
Fire hydrant access;
(e)
Access to any doors, gates, sidewalk doors, passage doors, stoops
or other ingress and egress points to any building appurtenant to
the right-of-way; and/or
(f)
Access to any fire escapes.
(6)
Any new pole installed shall be located in alignment with existing
trees, utility poles and streetlights. The poles shall be set an equal
distance between trees when possible with a minimum of 15 feet of
separation such that no proposed disturbance shall occur within the
critical root zone of any tree.
(7)
No small wireless equipment shall be allowed to collocate on decorative
streetlight poles, as determined by the Village of Rye Brook, or poles
that have decorative luminaries that are owned by the Village of Rye
Brook.
(8)
Accessory equipment attached to a small wireless facility support
structure shall have such vertical clearance from the ground as the
Planning Board may determine is reasonable to protect pedestrians.
M.
Non-small wireless facility special use permit required.
(1)
A non-small wireless facility shall require a special permit to be
issued by the Village Board of Trustees.
(2)
All applications for a non-small wireless facility permit shall comply
with the applicable provisions of this Section. However, notwithstanding
anything to the contrary, where appropriate, the Village Board of
Trustees shall have the authority to waive any application or substantive
requirements set forth in this Section relating to an application
for, or approval of, a special permit, unless otherwise set forth
herein.
N.
Application requirements for non-small wireless facilities.
(1)
Upon receipt of an application for a non-small wireless facility
special use permit, the Village Board of Trustees shall review said
application and plans in accordance with the applicable standards
and requirements set forth in this Section.
(2)
An application for approval of a non-small wireless facility shall
be submitted on the pertinent forms provided for that purpose by the
Village and shall be jointly filed by the operator of the non-small
wireless telecommunications facility and the owner of the property
on which such facility is proposed to be located, unless located on
Village property. The application and documents accompanying the application
shall also be submitted in an electronic file format.
(3)
The Village Board of Trustees may attach such conditions and safeguards
to any non-small wireless facility special use permit and site development
plan as are, in its opinion, reasonable and necessary or desirable
to ensure initial and continued conformance to all applicable standards
and requirements.
(4)
The applicant shall provide documentation to verify it has a legal
interest in the site where the non-small wireless facility is to be
located. Said documentation may be in the form of a recorded or executed
deed, contract for sale or lease of the property, depending on whether
the applicant is the property owner, contract-vendee or lessee.
(5)
The applicant shall submit a site plan describing any new proposed
structure and antenna and all related fixtures, accessory equipment,
appurtenances and apparatus, including, but not limited to, height
above preexisting grade, materials, color and lighting.
(6)
An application for a non-small wireless facility permit shall be
signed on behalf of the applicant by the person preparing the same
and with knowledge of the contents and representations made therein
and attesting to the truth and completeness of the information. The
landowner, if different than the applicant, shall also sign the application,
unless the landowner is the Village. At the discretion of the Village
Board of Trustees, any false statement in the application may subject
the applicant to denial of the application.
(7)
If proposing a new structure for the purpose of supporting a non-small
wireless facility, the application shall be accompanied by a map which
shows the applicant's existing and proposed area of coverage. Such
map shall locate all existing wireless telecommunications facility
sites, including small wireless facilities and non-small wireless
facilities, within 1/2 mile of the proposed non-small wireless facility.
(8)
In addition to all other required information as stated in this Section;
(a)
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance;
(b)
A copy of the FCC license applicable for the intended use of
the non-small wireless facility; and
(c)
Information relating to the expected useful life of the proposed
non-small wireless facility.
(9)
The applicant shall furnish written certification that the non-small
wireless facility, structure, foundation, attachments and accessory
equipment are designed and will be constructed to meet all local,
county, state and federal structural requirements for loads, including
wind and ice loads. If the wireless facility is subsequently approved
and constructed, as-built certification indicating that the facility
has been constructed in accordance with all standards shall be furnished
to the Village prior to issuance of any certificate of occupancy;
and
(10)
The applicant shall prepare a visual impact assessment of the
proposed non-small wireless relecommunications facility based upon
appropriate modeling photography and other pertinent analytical techniques
taking into account worst-case seasonal conditions.
(11)
As a condition of special permit approval, the applicant shall
be required to provide a written agreement, in recordable form suitable
for filing and prepared to the satisfaction of Village Counsel, acknowledging
that it shall be required to allow the collocation of other future
non-small wireless telecommunications facilities on its own facility
unless severely limited by technological, structural or other engineering
considerations.
(12)
Where collocation of a wireless telecommunications facility
is proposed, the added wireless telecommunications facility shall
be permitted as an amendment to the existing site plan or special
use permit for the site containing such facility by submission of
an application for a building permit without the need for an application
for an amended site plan or special permit approval, provided such
facility meets all of the otherwise-applicable requirements of this
Section and no physical modification other than the attachment of
the antennas and the installation of associated equipment to be located
on the ground is required. An amended written narrative and certification
report indicating conformance with all of the pertinent requirements
of this Section shall be provided in addition to all required information
in support of the required building permit. An as-built drawing of
the modified facility shall be filed with the Village Building Department
as a condition of the continued validity of such building permit.
The Village Building Department shall provide written notification
to the Planning Board of the submission of the application for building
permit upon its receipt.
O.
Approval procedures for non-small wireless facilities.
(1)
The special permit may be granted by the Board of Trustees in accordance with the procedure set forth in § 250-6H, which includes the required public hearing.
(2)
All decisions of the Village Board of Trustees involving applications
for a non-small wireless facility permit shall be in writing and supported
by substantial evidence contained in a written record.
(3)
No application shall be accepted and no special permit shall be issued
for a non-small wireless facility on a property where the Building
Inspector has found, or there exists, a violation of the Village Code
and where such violation has not been corrected.
(4)
Time frames for approval.
(a)
Within 90 calendar days of receipt of a complete application
for the collocation of a non-small wireless facility on a preexisting
utility pole, monopole or other existing support structure, the Village
Board of Trustees shall make a final decision on whether to approve
the application and shall notify the applicant, in writing, of such
decision.
(b)
Within 150 days of receipt of a complete application for a new
non-small wireless facility with accompanying support structure, including
such technical information from the applicant as may be required by
the Village Board of Trustees for a special use permit under the provisions
of this Section, the Village shall make a final decision on whether
to approve the application and shall notify the applicant, in writing,
of such decision.
(c)
Within 30 calendar days of receipt of any application for a
non-small wireless facility, the Village shall notify the applicant,
in writing, of any supplemental information required to complete the
application. Such notification shall stop the applicable shot clock
until the applicant submits the required supplemental information.
Upon receipt of an applicant's supplemental submission and adequate
response to the initial notification of incompleteness by the Village,
the applicable shot clock will reset to zero, and the Village shall
have the full 90 calendar days or 150 calendar days permitted by law
to act on the completed application.
(d)
For any subsequent determinations of incompleteness beyond the
initial submission, the Village shall notify the applicant of any
required supplemental information within 10 days of receipt of the
supplemental submission, and such notice shall stop the applicable
shot clock until the applicant submits the required supplemental information.
P.
Requirements for non-small wireless facilities.
(1)
General requirements.
(a)
A non-small wireless facility shall be designed, constructed,
operated, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, and National Electrical
Code.
(b)
A non-small wireless facility shall at all times be kept and
maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Village.
(c)
A non-small wireless facility shall not interfere with public
safety telecommunications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby
properties.
(d)
A non-small wireless facility shall not, by itself or in conjunction
with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of
the FCC. When a non-small wireless facility is complete, as-built
readings shall be taken and submitted to the Village.
(e)
The owner or operator of a non-small wireless facility shall
maintain standby power generators capable of powering the wireless
telecommunications facility for at least 24 hours without additional
public utility power, and indefinitely with a continuous or replenished
fuel supply. Such standby power shall activate automatically upon
the failure of public utility power to the site. Notwithstanding the
foregoing, the Village Board of Trustees may require standby power
longer than 24 hours where circumstances indicate sufficient space
exists to accommodate a longer period of backup power.
(2)
Specific requirements.
(a)
Setbacks. A non-small wireless telecommunications facility attached
to a monopole or tower outside the public right-of-way shall be set
back from the property line of the lot on which it is located a distance
equal to not less than two times the otherwise applicable minimum
yard requirement for principal structures in the district in which
the subject lot is located, or the height of such facility measured
from the highest point of such facility to the finished grade elevation
of the ground on which it is situated, whichever is greater. The Village
Board of Trustees may reduce such setback requirements based upon
consideration of lot size, topographic conditions, adjoining land
uses, landscaping, other forms of screening and/or structural characteristics
of the non-small wireless telecommunications facility proposed to
be installed. However, in no case shall the Village Board of Trustees
reduce the setback required to less than the applicable setback requirements
for principal structures in the district in which the property is
located.
(b)
Height limitations. Notwithstanding the following height limitations,
in no case shall a non-small wireless telecommunications facility
exceed the minimum height reasonably necessary to accomplish the purpose
it is proposed to serve. Coverage requirements, safety, visual impacts,
and proximity to occupied buildings are all factors that can be considered
in determining the appropriate height.
[1]
The height of any antennas, or other associated equipment, structurally
mounted as part of a non-small wireless telecommunications facility
shall not exceed by more than 10 feet above the highest point of the
existing structure on which such antennas or equipment are affixed.
[2]
The height of any monopole or tower utilized in a non-small
wireless telecommunications facility shall not exceed 150 feet in
height measured from the highest point of such facility to the finished
grade elevation of the ground on which it is situated.
(c)
Materials. A non-small wireless telecommunications facility
shall be of galvanized finish or painted black or another neutral
or compatible color determined to be appropriate for the proposed
location of such facility in the reasonable judgment of the Village
Board of Trustees. The mountings of wireless telecommunications antennas
shall be nonreflective and of the appropriate color to blend with
their background.
(d)
Lighting. A non-small wireless telecommunications facility shall
not be artificially lighted unless otherwise required by the Federal
Aviation Administration (FAA) or other federal, state or local authority.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting of as unobtrusive and inoffensive an effect
as is permissible under federal, state and local laws, statutes, codes,
rules or regulations.
(e)
Noise. Noise-producing equipment shall be sited and/or insulated
to prevent any detectable increase in noise above ambient levels as
measured at the property line of the site containing a non-small wireless
telecommunications facility.
(f)
Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed non-small wireless telecommunications facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report prepared by a licensed professional electrical engineer with expertise in radio communications facilities and/or a health physicist acceptable to the Village Board of Trustees. A copy of such certification report shall be submitted to the Village Board of Trustees prior to commencing operation of such facility, and a copy shall be filed with the Village Building Department. Except as otherwise provided by law, the Village Board of Trustees may require annual certification of conformance with the applicable emissions standards. Additionally, copies of certification reports shall be submitted to the Village Board of Trustees whenever they are required to be submitted to the FCC. The Village Board of Trustees may hire a qualified professional of its choosing to review and confirm such initial and annual subsequent certification report(s), the cost of which shall be reimbursed by the applicant in accordance with the professional review fee reimbursement procedures set forth in § 47-2. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of the Zoning Law or the conditions of special permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with § 250-12 of this chapter.
(g)
Security provisions. A security program shall be formulated
and implemented for the site of a non-small wireless telecommunications
facility. Such program may include physical features such as fencing,
anticlimbing devices or elevating ladders on monopoles or towers and/or
monitoring either by staff or electronic devices to prevent unauthorized
access and vandalism.
[1]
All antennas and supporting structures, including guy anchor
points and wires and accessory equipment, shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and
[2]
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
(3)
Visual mitigation.
(a)
The non-small wireless facility shall be sited so as to minimize
visual intrusion as much as possible given the facts and circumstances
involved with the proposed site and facility and shall have the least-adverse
visual effect on the environment, the character of the community,
surrounding properties and on the residences in the area of the wireless
telecommunications facility.
(b)
Landscaping and/or other screening, including, but not limited
to, architectural treatment, stealth design, use of neutral or compatible
coloring and materials, or alternative technologies, shall be required
to minimize the visual impact of such facility from public thoroughfares,
important viewsheds and vantage points and surrounding properties
to the maximum extent practicable.
[1]
In determining the most appropriate landscaping to be provided,
the approving authority shall consider the visual impact of the wireless
telecommunications facility or attached wireless telecommunications
facility in its setting with regard to immediate proximity of observers
and the sight lines from major viewing points. The area surrounding
the wireless telecommunications facility or attached wireless telecommunications
facility shall be landscaped and maintained with trees, shrubs and
ground cover consistent with the surrounding community character and
satisfactory to the approving authority.
[2]
When a fence is required, the outside of such fencing shall
be landscaped with trees, shrubs or other appropriate planting material
satisfactory to the approving authority.
[3]
An existing natural vegetative buffer which meets or exceeds
the above requirements may be retained to meet the landscape requirements
set forth above.
(c)
No signs, other than exempt signs, shall be erected on any non-small
wireless telecommunications facility.
(d)
A non-small wireless facility shall be sited so as to have the
least-adverse visual effect on the environment and its character,
on existing vegetation and on the residents in the area of the wireless
telecommunication services facility.
(e)
All equipment enclosures and storage buildings associated with
the wireless telecommunication facility shall be consistent or compatible
with adjacent buildings in terms of design, materials and colors and
shall be appropriately landscaped.
Q.
Regulations applicable to non-small wireless facilities in the public
right-of-way. In addition to the applicable special permit provisions
and requirements listed in this Section, all non-small wireless facilities
located in the public right-of-way shall be required to comply with
the following regulations:
(1)
A non-small wireless facility in the public right-of-way shall be
collocated on an existing wireless telecommunications facility whenever
possible. If collocation is not technologically feasible, the applicant
shall locate its non-small wireless facility on existing utility poles,
monopoles or other structures that do not already act as wireless
telecommunications facility support structures.
(2)
All accessory equipment shall be the smallest and least-visibly-intrusive
equipment feasible.
(3)
Antennas and accessory equipment shall be treated to match the supporting
structure and may be required to be painted, or otherwise coated,
to be visually compatible with the support structure upon which they
are mounted.
(4)
A non-small wireless facility, which includes wireless telecommunications
support structures and accessory equipment in the public right-of-way,
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists, or to otherwise inconvenience
public use of the right-of-way as determined by the Village.
(5)
In no case shall ground-mounted accessory equipment, walls, or landscaping
be located within 18 inches of the face of the curb, within four feet
of the edge of the roadway, or within an casement extending onto a
privately owned lot.
(6)
To the extent feasible, accessory equipment shall be placed underground.
Ground-mounted accessory equipment that cannot be placed underground
shall be screened from surrounding views, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Village. Ground-mounted accessory equipment shall
be screened, when possible, by utilizing existing structures. If screening
by utilizing existing structures is not possible, ground-mounted accessory
equipment shall be made architecturally and aesthetically compatible
with the surrounding area through the use of coatings, landscaping,
and/or screening walls, enclosures or other stealth technology to
the satisfaction of the Village.
(7)
Required electrical meter cabinets shall be screened to blend in
with the surrounding area to the satisfaction of the Village.
(8)
The applicant shall incorporate concealment elements into the proposed
design. Concealment shall include approved camouflage or shrouding
techniques. All small wireless accessory equipment shall be shrouded.
(9)
Any graffiti on any non-small wireless facility support structure,
base station or any accessory equipment shall be removed within 30
days upon notification by the Village, at the sole expense of the
owner.
(10)
Any new wireless support structure must not obstruct:
(a)
Access to any aboveground or below-ground infrastructure for
traffic control, streetlight of public transportation, including,
without limitation, any curb control sign, parking meter, vehicular
traffic sign or signal, pedestrian traffic sign or signal;
(b)
Access to any public transportation vehicles, shelters, street
furniture or other improvements at any public transportation stop;
(c)
Access to aboveground or underground infrastructure owned or
operated by any public or private utility agency;
(d)
Fire hydrant access;
(e)
Access to any doors, gates, sidewalk doors, passage doors, stoops
or other ingress and egress points to any building appurtenant to
the right-of-way; and/or
(f)
Access to any fire escapes.
(11)
Any proposed underground vault related to the non-small wireless
facility shall be reviewed and approved by the Village.
(12)
Accessory equipment attached to a non-small wireless facility
support structure shall have such vertical clearance as the Village
Board of Trustees may determine to protect pedestrians.
R.
Proof of insurance. The applicant, and the owner of the property
where the wireless telecommunications facility is to be located, if
different, shall provide the Village Board of Trustees with proof
of insurance in a sufficient dollar amount in the reasonable judgment
of the Village Board of Trustees to cover potential personal and property
damage associated with construction and operation of such facility.
For wireless telecommunications facility on Village property, the
insurance policy shall specifically include the Village, and its officers,
agents, employees and volunteers as additional insureds.
S.
Annual inspection and report. All support structures, including, but not limited to, monopoles, towers or utility poles shall be inspected by a licensed professional engineer retained by the applicant on an annual basis, and at any other time upon a determination by the Village Building Department that the support structure may have sustained structural damage or may not be adequate. A copy of the inspection report shall be submitted to the Village Board of Trustees, and a copy shall be filed with the Village Building Department. The Village Board of Trustees may hire a qualified professional of its choosing to review and certify such inspection report, the cost of which shall be reimbursed by the applicant in accordance with the professional review fee reimbursement procedures set forth in § 47-2.
T.
Revocation of non-small wireless special use permit or non-small
permit.
(1)
If any wireless telecommunications facility is constructed, repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way
that is inconsistent or not in compliance with the provisions of this
Section or of the permit conditions and requirements, or it is determined
that the applicant made materially false statements during the application
process, then the Village Board of Trustees or the Building Inspector,
or their designee, shall notify the holder of the permit in writing
of such violation. Such notice shall specify the nature of the violation
or noncompliance, and the violations must be corrected within seven
days of the date of the postmark of the notice, or of the date of
personal service of the notice, whichever is earlier.
(2)
If the wireless telecommunication facility is not brought into compliance
with the provisions of this Section, or of the permit, or substantial
steps are not taken in order to bring the affected wireless telecommunications
facility into compliance, then the Village Board of Trustees or the
Building Inspector may revoke such permit and require removal of such
wireless telecommunication facility.
U.
Immediate hazards. Notwithstanding anything to the contrary in this
Section or any other provision of this Section, if the violation or
noncompliance causes, creates or presents an imminent danger or threat
to the health or safety of lives of property, the Village Board of
Trustees or Building Inspector may, at their sole discretion, order
the violation remedied within 24 hours. If the imminent danger or
threat is not remedied within 24 hours, the Mayor, who shall go to
the site and, if warranted, shall authorize the Village Attorney to
apply for an order to show cause in the Justice Court or Supreme Court
to require removal or emergency repair of such wireless telecommunications
facility by the owner or, in the alternative, by the Village, with
the right of the Board of Trustees to charge the cost thereof against
the property and collect the same in the same manner as village taxes
are collected and to declare such costs to be a tax lien against such
property until paid.
V.
Removal.
(1)
Under the following circumstances, the Village may determine that
the safety, public welfare, character and environment of the Village
warrant and require the removal of a wireless telecommunications facility,
under the following circumstances:
(a)
The wireless telecommunications facility has been abandoned
(i.e., not used as wireless telecommunications facility) for a period
exceeding 90 consecutive days or a total of 180 days in any three-hundred-sixty-five-day
period, except for periods caused by force majcure or acts of God,
in which case repair or removal shall commence within 90 days;
(b)
A permitted wireless telecommunications facility falls into
such a state of disrepair that it creates a safety hazard;
(c)
The wireless telecommunications facility has been located, constructed,
or modified without first obtaining, or in a manner not authorized
by, the required special use permit, or any other necessary authorization;
or
(d)
Any wireless telecommunications facility is determined to be
in violation pursuant to this Section and fails to cure such violation
within the time set forth in that Section.
(2)
If the Village Board of Trustees makes a determination pursuant to
§ 250-39.V(1), then it shall notify the holder of the applicable
wireless telecommunications facility permit and the owner of the property,
in writing, that said wireless telecommunications facility is to be
removed.
(3)
The holder of the applicable wireless telecommunications facility
permit or the owner of the property shall be required to dismantle
and remove such wireless telecommunications facility, and all accessory
equipment and associated structures, from the site and return the
site to its original condition and certify through soils or other
testing that no contamination has been created by the facility, such
restoration being completed, limited only by physical or commercial
impracticability, within 90 days of receipt of written notice from
the Village to remove such wireless telecommunications facility. However,
if the owner of the property upon which the wireless telecommunications
facility is located wishes to retain any access roadway to the wireless
telecommunications facility, the owner may do so with the approval
of the Village.
(4)
If the wireless telecommunications facility is not removed or substantial
progress has not been made to remove the wireless telecommunications
facility within 90 days after the permit holder has received such
written notice of removal, then the Village Board of Trustees may
order officials or representatives of the Village to remove the wireless
telecommunications facility at the sole expense of the property owner
and/or permit holder.
(5)
If the Village removes or causes to be removed the wireless telecommunications
facility, and the owner of the wireless telecommunications facility
does not claim and remove them to a lawful location within 10 days,
then the Village may take steps to declare the wireless telecommunications
facility abandoned and dispose of or sell it and the associated components
and retain the proceeds therefrom. The Village may also cause the
costs associated with the removal and disposal of the wireless telecommunications
facility to be assessed on the property in the same manner as a tax
or assessment.
