The Planning Board is hereby authorized to act
on proposed special exception uses which are specifically provided
for in this chapter. Such action may include approval, conditional
approval or disapproval based on the standards set forth in this article.
A.
The Planning Board shall adopt and file in the Municipal
Clerk's office such rules of procedure as it may deem necessary to
the proper exercise of its responsibilities with respect to special
exception uses.
B.
Prior to taking action on any special exception use, the Planning Board shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals in Article XI. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
C.
All matters which are the subject of a mandatory referral
or notice to other agencies, as set forth in the Enabling Statutes
and in Section 239 l and m, Article 12-B of the General Municipal
Law, shall be transmitted to the appropriate agencies by the Secretary
of the Planning Board in accordance with provisions of those sections.
D.
The Secretary of the Planning Board shall keep minutes
of the Board's proceedings, showing the vote of each member upon every
question or, if absent or failing to vote, indicating such fact. The
Secretary shall also keep records of examinations and official actions,
all of which shall be immediately filed in the office of the Planning
Board and shall be a public record. Each decision of the Planning
Board with respect to the approval of a special exception use shall
be so stated and documented as to provide a definitive authorization
to the Building Inspector for issuing a building permit or certificate
of occupancy.
E.
A site plan for any proposed special exception use
in any district where authorized shall be submitted to the Planning
Board for approval prior to authorization by the Planning Board for
the issuance of a building permit.
F.
Time limit. Approval of a special exception use permit shall be valid
for one year from the date the Planning Board decision is filed in
the office of the Town Clerk, after which time the approval shall
be null and void unless a building permit has been issued. If there
is not substantial change in the condition of the site, or its environs
or the zoning requirements, the special exception use permit approval
may be extended by the Planning Board for one additional year upon
submission of a written request of the applicant submitted prior to
the expiration of the initial one-year period. If no building permit
has been issued within that period or any extended period, a new application
must be submitted to the Planning Board for a special exception use
permit approval.
[Amended 2-4-2019 by L.L.
No. 1-2019]
G.
A special exception use for which a building permit
is authorized by the Planning Board pursuant to the provisions of
this article shall be construed to be a conforming use.
For every such special exception use, the Planning
Board shall determine that:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 240-3.
B.
The plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and expansion
thereof.
C.
The proposed use will not prevent the orderly and
reasonable use of adjacent properties in adjacent use districts.
D.
The site is particularly suitable for the location
of such use in the community.
E.
The characteristics of the proposed use are not such
that its proposed location would be unsuitably near to a church, school,
theater, recreational area or other place of public assembly.
F.
The proposed use, particularly in the case of a nonnuisance
industry, conforms with the chapter definition of "special exception
use."
G.
Access facilities are adequate for the estimated traffic
from public streets and sidewalks, so as to assure the public safety
and to avoid traffic congestion; and, further, that vehicular entrances
and exits shall be clearly visible from the street and not be within
75 feet of the intersection of street lines at a street intersection
except under unusual circumstances.
H.
All proposed curb cuts have been approved by the street
or highway agency which has jurisdiction.
I.
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article VIII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Adequate buffer yards and screening are provided where
necessary to protect adjacent properties and land uses.
K.
Adequate provisions will be made for the collection
and disposal of stormwater runoff from the site and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of other
character.
No authorization for a building permit shall be granted by the Planning Board for any use listed in this section unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 240-28, the proposed special exception use also meets the special conditions and safeguards required in this section:
B.
Automobile laundry.
(1)
The lot area shall be not less than 20,000 square
feet and shall have a minimum frontage of 150 feet along a major street
or highway.
(2)
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
(3)
Storage area for vehicles waiting for service shall
be provided on-site and shall not occur on a public street or highway.
Not more than five motor vehicles shall be stored outdoors overnight.
(4)
An automobile laundry shall not provide other than
washing, waxing, simonizing or similar treatment services.
(5)
Outdoor storage and display of accessories, portable
signs and outdoor repair work shall be prohibited at all times. Premises
shall not be used for the sale, rental or display of automobiles,
trailers, mobile homes, boats or other vehicles.
D.
Eating establishment: drive-in, open-front or curb
service.
(1)
Vehicular entrances and exits shall be controlled
by curbing.
(2)
There shall be adequate off-street parking and loading
space to serve the proposed use.
(3)
There shall be adequate provision for disposal of
trash and refuse left on the premises.
(4)
There shall be either a suitable fence or landscape
planting screen along side and rear lot lines.
E.
Filling station.
(1)
The lot area shall be not less than 20,000 square
feet and shall have a minimum frontage along the principal street
or highway of at least 150 feet.
(2)
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
(3)
All pumps and lubricating and other devices shall
be located at least 25 feet from any building, structure or street
line.
(4)
Entrance or exit driveways shall be located at least
five feet from any side or rear property line. Such driveways shall
be so laid out as to avoid the necessity of any vehicle backing across
any right-of-way.
(5)
The area devoted to the outdoor storage of motor vehicles
or parts thereof or to purposes of dismantling shall be screened from
view of persons on adjacent properties by enclosing such area within
a solid fence eight feet high, or such area shall be located inside
a building. Not more than five motor vehicles shall be stored outdoors
overnight.
(6)
Outdoor storage of other than motor vehicles shall
be prohibited at all times. Premises shall not be used for the sale,
rental or display of automobiles, trailers, mobile homes, boats or
other vehicles.
F.
Funeral home. The lot shall have a minimum frontage
of 200 feet on a major street or highway.
G.
Hotel. There shall be at least 1,000 square feet of
lot area per guest room.
G.1.
Hotel, mixed-use:
[Added 2-3-2020 by L.L.
No. 1-2020]
(1)
Architectural review. The building design should incorporate
an architectural style that is compatible with nearby uses. Architectural
details may draw upon locally historic buildings or other nearby features
that contribute to the aesthetic ambience of the Village. The Planning
Board is authorized to consider facade and architectural features
during its review, and may engage an architect licensed to practice
in the state of New York to facilitate said review.
(2)
Building facade. The building should be placed to enforce a
continuous street edge establishing a strong pedestrian corridor while
avoiding long, unarticulated building facades and should employ, where
practical, variable setbacks.
(3)
Architectural features. Balconies, porticoes, signs and architectural
features shall be allowed to extend over Village sidewalks, provided
that no such feature shall be located at a height less than 20 feet
above the sidewalk, shall provide for safe passage underneath said
feature and shall extend no closer than five feet distance from electrical
utility poles. Such features shall not encroach over any side or rear
lot line except those lot lines that abut a Village sidewalk. This
provision shall not be construed to permit any obstruction of any
Village sidewalk.
(4)
Windows. Street-facing facades should be visually open to major
streets and architecturally enhanced through the use of architectural
features. A minimum of 60% of the first floor should be comprised
of clear windows that allow views of indoor space. On all other floors,
the maximum total wall plane without windows or entrances (on any
facade) should not exceed 30%. The foregoing window standards are
guidelines and the Planning Board may allow these standards to be
exceeded, where it finds that doing so does not result in a diminishment
of the architectural appearance of the building to the public right-of-way.
(5)
Landscaping. Landscaping between the building and the street is required for all new construction. Landscaping between the building and the street is encouraged to the greatest extent practicable where existing buildings are being renovated or repurposed for a use subject to this subsection. Transitional yards between a residential district and a hotel, mixed-use development shall be governed by § 240-39; provided, however, that the Planning Board, in its discretion, may vary the height and type of transitional screening provided therein.
(6)
Green elements. Building designs that incorporate green roofs,
green walls, and other forms of living architecture are encouraged.
(7)
Lot coverage. Up to 100% of lot coverage shall be permitted
only upon condition that acceptable snow and garbage storage areas
and acceptable stormwater drainage are provided as determined by the
Planning Board.
(8)
Rooftop amenities. Rooftop amenities, such as pools, restaurants,
spas and similar amenities shall be permitted only if they are open
to the public either free, per-use fee, or membership fee. Rooftop
amenities shall be subject to reasonable conditions imposed by the
Planning Board to limit noise and light emissions to the greatest
extent practicable, including, but not limited to, dark sky lighting,
limits on hours of operation, use of amplified sound and noise dampening
technology.
(9)
Mechanicals. In no event shall rooftop mechanical equipment
be located atop a bonus story or within the required ten-foot setback
from all edges of the building. Mechanical equipment located on any
other rooftop shall be placed to the greatest extent practicable so
as not be visible from the street or neighboring properties. The Planning
Board may require rooftop mechanical equipment to be screened.
(10)
Utilities. Electric, telephone, communication and other utilities
shall be installed underground where feasible.
(11)
Parking garage. Above- or below-grade parking structures are
encouraged and permitted.
(12)
Parking waiver. Due to variations in parking demands and needs
in hotel, mixed-use development projects, vehicle parking requirements
and the design of parking areas, including ingress and egress, may
be reduced or modified by the Planning Board as part of the special
use/site plan review process. The Planning Board may reduce the number
of off-street parking spaces required by up to but no greater than
25% where the applicant proves that additional parking is available
in close proximity to the site.
(13)
The plan submitted to the Planning Board shall either show a
designated on-site snow storage area, or in the alternative, the applicant
shall provide for snow removal off site, which off-site snow removal
shall be a condition of any approval issued.
H.
Marina, commercial.
(1)
Street access through a residential district and into
the site shall be adequate for the indicated traffic and shall not
permit trucking that might damage street improvements or deteriorate
the residential character of the area.
(2)
Accessory service functions of the marina may include
the provision of fuel and supplies, minor and emergency repairs for
recreational boating and boat rentals. Boat storage shall only be
permitted in an enclosed, permanent structure.
(3)
In addition to any other applicable off-street parking
requirements, one off-street parking space shall be provided for each
boat berth or mooring.
(4)
Because commercial marinas will be located on the
bank of the Hudson River, particular attention shall be given to the
compatibility of the appearance of the proposed facility with the
natural scenery. There shall be only one sign visible from the river,
and that shall be limited to an area and lighting intensity sufficient
to provide basic identification of the marina's location to passing
boats. A second sign not exceeding six square feet in area may be
placed at the land entrance to the marina site. Intermittent or flashing
lights and moving or animated signs are prohibited.
H.1.
Mixed-use development.
[Added 2-3-2020 by L.L.
No. 1-2020]
(1)
Architectural review. The building design should incorporate
an architectural style that is compatible with nearby uses. Architectural
details may draw upon locally historic buildings or other nearby features
that contribute to the aesthetic ambience of the Village. The Planning
Board is authorized to consider facade and architectural features
during its review, and may engage an architect licensed to practice
in the state of New York to facilitate said review.
(2)
Building facade. The building should be placed to enforce a
continuous street edge establishing a strong pedestrian corridor while
avoiding long, unarticulated building facades and should employ, where
practical, variable setbacks.
(3)
Architectural features. Balconies, porticoes, signs and architectural
features shall be allowed to extend over Village sidewalks provided
that no such feature shall be located at a height less than 20 feet
above the sidewalk, shall provide for safe passage underneath said
feature and shall extend no closer than five feet distance from electrical
utility poles. Such features shall not encroach over any side or rear
lot line except those lot lines that abut a Village sidewalk. This
provision shall not be construed to permit any obstruction of any
Village sidewalk.
(4)
Windows. Street-facing facades should be visually open to major
streets and architecturally enhanced through the use of architectural
features. A minimum of 60% of the first floor should be comprised
of clear windows that allow views of indoor space. On all other floors,
the maximum total wall plane without windows or entrances (on any
facade) should not exceed 30%. The foregoing window standards are
guidelines and the Planning Board may allow these standards to be
exceeded, where it finds that doing so does not result in a diminishment
of the architectural appearance of the building to the public right-of-way.
(5)
Landscaping. Landscaping between the building and the street is required for all new construction. Landscaping between the building and the street is encouraged to the greatest extent practicable where existing buildings are being renovated or repurposed for a use subject to this subsection. Transitional yards between a residential district and a mixed-use development shall be governed by § 240-39; provided, however, that the Planning Board, in its discretion, may vary the height and type of transitional screening provided therein.
(6)
Green elements. Building designs that incorporate green roofs,
green walls, and other forms of living architecture are encouraged.
(7)
Lot coverage. Up to 100% of lot coverage shall be permitted
only upon condition that acceptable snow and garbage storage areas
and acceptable stormwater drainage are provided as determined by the
Planning Board.
(8)
Rooftop amenities. Rooftop amenities, such as pools, restaurants,
spas and similar amenities shall be permitted only if they are open
to the public either free, per-use fee, or membership fee. Rooftop
amenities shall be subject to reasonable conditions imposed by the
Planning Board to limit noise and light emissions to the greatest
extent practicable, including, but not limited to, dark sky lighting,
limits on hours of operation, use of amplified sound and noise dampening
technology.
(9)
Mechanicals. In no event shall rooftop mechanical equipment
be located atop a bonus story or within the required ten-foot setback
from all edges of the building. Mechanical equipment located on any
other rooftop shall be placed to the greatest extent practicable so
as not be visible from the street or neighboring properties. The Planning
Board may require rooftop mechanical equipment to be screened.
(10)
Utilities. Electric, telephone, communication and other utilities
shall be installed underground where feasible.
(11)
Parking garage. Above- or below-grade parking structures are
encouraged and permitted.
(12)
Parking waiver. Due to variations in parking demands and needs
in mixed-use development projects, vehicle parking requirements and
the design of parking areas, including ingress and egress, may be
reduced or modified by the planning board as part of the special use/site
plan review process. The Planning Board may reduce the number of off-street
parking spaces required by up to but no greater than 25% where the
applicant proves that additional parking is available in close proximity
to the site.
(13)
Assigned parking. Parking for any dwelling units shall be assigned,
secured and separated from public parking.
(14)
Home office. Home professional office use shall require a special
permit issued to the owner of the dwelling unit or to the long-term
residential tenant provided, however, that the tenant submit an owner
affidavit of consent with the application to the planning board. Any
change of profession office use shall require a new certificate of
occupancy issued by the building inspector who may require resubmission
to the Planning Board.
(15)
Application of Uniform Code and multifamily inspection. Multifamily
residential use located above nonresidential use shall be subject
to all applicable state and local building code and safety inspection
requirements.
J.
Mobile home court, licensed. The lot area shall be
not less than five acres, and a proposed site development plan for
the entire site, prepared by a licensed professional engineer, shall
be submitted for approval. The initial development shall cover at
least two acres, and subsequent additions shall be not less than one
acre each. The site development plan shall reflect the following minimum
standards and features:
(1)
A street system with paved roadways having a minimum
width of 20 feet, and with curbs or gutters, giving access to all
mobile home spaces; and at least two access drives to and from the
public street.
(2)
Established mobile home spaces of not less than 2,000
square feet, with a minimum width of not less than 30 feet; provided,
however, that the average area of all spaces shall be not less than
3,000 square feet and the average width of all spaces shall be not
less than 40 feet.
(4)
All mobile homes and accessory structures shall be
at least 30 feet apart.
(6)
On-site stormwater drainage system, including provisions
for well-drained mobile home spaces, interior private streets and
other public areas, as well as consideration for natural watercourses.
(7)
Sewage disposal and water supply systems approved
by the New York State Department of Health.
(8)
A fire protection system in accordance with standards
of the National Fire Protection Association recommendations, and as
required and approved by local fire district officials.
(9)
A complete electrical system in conformance with Municipal
Electrical Code provisions, including outdoor lighting along all interior
streets, entrances and exits and in public open spaces, with at least
one sixty-watt bulb for each 50 feet of street length, and an equivalent
level of lighting over public open spaces.
(10)
Garbage and trash collection points so located
that no mobile home is more than 150 feet from such a point, equipped
with an adequate number of metal garbage cans with tight-fitting covers,
and appropriately screened from view.
(11)
Centrally located public telephone, separate
emergency sanitary facilities for men and for women and emergency
public water supply.
(12)
The location of other desired community facilities.
(13)
An equipped recreation facility with an area
equivalent to the proportion of one acre per 100 mobile home spaces
in the court, but having an area of not less than 1/2 acre in any
case.
(14)
A walkway system of paved or stabilized gravel
all-weather paths along interior streets and leading to public open
spaces.
(15)
All accessory structures in a mobile home court
shall comply with the Building Code, this chapter and such other codes,
ordinances and regulations as are applicable.
K.
Motel. There shall be at least 2,500 square feet of
lot area for each first floor guest room and an additional 1,000 square
feet of lot area for each guest room on other floors.[1]
[1]
Editor’s Note: Former Subsection L, Multiple dwelling,
was repealed 2-16-2016 by L.L. No. 1-2016. This local law also redesignated
former Subsections M through W as L through V, respectively.
L.
Nursery school.
(1)
The lot area shall be not less than one acre.
(2)
There shall be not more than one pupil for every 1,500
square feet of lot area.
(3)
All buildings, structures and areas of organized activity,
such as play areas, swimming pools, etc., shall be not less than 75
feet from any property line.
(4)
Off-street parking areas shall be not less than 50
feet from any property line.
(5)
Only one permanent family dwelling unit shall be located
on the premises, and said dwelling unit shall comply with the provisions
of this chapter for the district in which the lot is located.
(6)
Outdoor floodlighting or public-address systems are
prohibited.
(7)
Only one sign, not larger than 12 square feet in area,
shall be permitted.
(8)
Landscaping and fencing shall be provided as required
by the Planning Board.
P.
Residential dwelling units.
[Amended 2-16-2016 by L.L. No. 1-2016]
(1)
Residential dwelling units may be in single-family, two-family or
multiple-dwelling structures, provided that the total number of dwelling
units shall not exceed 2.4 per gross acre in the R-1 and R-2 Districts,
5.7 per gross acre in the R-3 District, and 8.7 units per gross acre
in the R-4 District, and further provided that the minimum yard provisions
and, in the case of a multiple dwelling the minimum spacing between
buildings, shall not be less than those required:
(3)
Residential dwelling units may be in single-family,
two-family or multiple-dwelling structures, provided that the total
number of dwelling units shall not exceed 2.4 per gross acre in the
R-1 and R-2 Districts, 5.7 per gross acre in the R-3 District and
13 per gross acre in the R-4 District, and further provided that the
minimum yard provisions and, in the case of a multiple dwelling, the
minimum spacing between buildings shall not be less than those required:
(4)
Open space or common land resulting from the planned
residential development design shall only be used for private or municipal
recreation, including natural park land. Such land shall only be owned
by a nonprofit corporation or shall be offered for dedication to the
municipality or other public agency for the same uses, but in any
case of a nonprofit corporation, a preestablished offer of dedication
shall be filed with the municipality for acceptance if the nonprofit
corporation were ever discontinued or failed to maintain the private
recreation use or natural park land.
(5)
In an R-4 District and R-5 District, on sites of one
acre or more in area new multiple-dwelling buildings may be permitted
to have a maximum height of 35 feet, provided that it shall be determined
that the resulting building:
[Amended 2-16-2016 by L.L. No. 1-2016]
(a)
Can be served adequately by the water distribution
system and protected by the available fire-fighting equipment.
(b)
Has reasonable street access for the indicated
number of dwelling units.
(c)
Is set back from all property lines at least
1/3 of the height of the building wall facing each property line.
(6)
The proposed planned residential development shall
comply with all other applicable requirements of the municipality
with respect to land development.
Q.
Office: business, professional or utility.
(1)
The lot shall have frontage on a major street or highway.
(2)
Access to off-street parking areas shall be so designed
that traffic to the site will not be encouraged to travel through
the minor street system.
(3)
Off-street parking areas shall be set back five feet
from all property lines shared with adjacent lots in any residence
district; further, a five-foot stockade-type fence or equivalent approved
screening shall be located along such property lines.
R.
[2]Multiple dwelling buildings.
[Added 6-16-1987 by L.L. No. 4-1987;
amended 2-16-2016 by L.L. No. 1-2016]
(1)
Particular attention shall be given to the adequacy of access to
the site and to the buildings and off-street parking areas.
(2)
The siting of the building and relating grading of the site shall
not be such as to create hazardous conditions with respect to adjacent
properties, or to cause increased stormwater runoff across such properties
without a mutually agreed drainage system that is also satisfactory
to the municipality.
(3)
The minimum floor area of each apartment shall be 900 square feet.
(4)
Maximum lot coverage by a building or buildings (exclusive of patios,
driveways and parking areas) shall not exceed 35%.
(5)
Maximum density shall not exceed 8.7 dwelling units per acre.
(6)
Minimum horizontal distance between buildings shall be 20 feet or
2/3 the height of the higher building, whichever is greater.
(7)
Multiple dwelling unit buildings shall be offset every 40 feet of
building length; provided, however, that the Planning Board may waive
this requirement if the elevations of the units create sufficient
visual distinction.
(8)
Common areas and proper maintenance thereof shall be required pursuant
to conditions imposed by the Planning Board during the site plan approval
process.
(9)
All multiple-dwelling unit development projects are subject to site
plan review by the Planning Board.
[2]
Editor's Note: Former Subsection R, which
listed a private swimming pool as a special exception use, was repealed
11-1-1983 by L.L. No. 2-1983.
S.
Townhouse development.
[Added 6-16-1987 by L.L. No. 4-1987]
(1)
The following minimum lot and floor area standards
shall apply to each dwelling unit (measured in feet or square feet):
Dimension
|
Minimum Permitted
| |
---|---|---|
Lot area (square feet)
|
2,000
| |
Lot width (feet)
|
20
| |
Lot depth (feet)
|
100
| |
Front and rear yard, total (feet)
|
65
| |
Rear yard (feet)
|
20
| |
Side yard for end units (feet)
|
10
| |
Side yard for end units abutting public street
(feet)
|
20
| |
Floor area (square feet)
|
1,200
| |
First floor area (square feet)
|
600
|
(2)
The following maximum standards shall apply to each
building (measured in feet):
Dimension
|
Maximum Permitted
(feet)
| |
---|---|---|
Length
|
120
| |
Height
|
35
|
(3)
Maximum lot coverage by a building or buildings (exclusive
of porches, decks and accessory uses) shall not exceed 35%.
(4)
Maximum density shall not exceed 17.42 dwelling units
per acre.
(5)
Minimum horizontal distance between buildings shall
be 20 feet or 2/3 the height of the higher building, whichever is
greater.
(6)
Dwelling units shall be offset every 40 feet of building
length; provided, however, that the Planning Board may waive this
requirement if the elevations of the units create sufficient visual
distinction.
(7)
A minimum of two off-street parking spaces per unit
shall be provided.
(8)
Where two or more units share a common wall, said
wall shall contain fire-retardant material sufficient to provide two
hours of fire retardation and shall extend from cellar floor to roof
peak.
(9)
All townhouse development projects are subject to
subdivision review and approval by the Planning Board.
T.
Bed-and-Breakfast Inn.
[Added 3-19-1996 by L.L. No. 1-1996]
(1)
The owner-operator or manager of the bed-and-breakfast
inn shall reside on the property.
(2)
Bed-and-breakfast inns shall be permitted in existing
residences only.
(3)
No guests shall occupy the inn in excess of 14 days.
The owner shall maintain a guest register open to inspection by the
Building Inspector or Code Enforcement Officer and shall preserve
all registration records for a minimum period of two years.
(4)
No regular meals other than breakfast shall be served.
(5)
Kitchen and dining facilities shall be limited to
use by the owner, occupants of the bed-and-breakfast inn and bona
fide guests and shall not be open to the general public. There shall
be no individual kitchen or dining facilities in or for any guest
room.
(6)
All amenities shall be limited to use by the owner,
occupants of the bed-and-breakfast inn and bona fide guests and shall
not be open to the general public.
(7)
One off-street parking space shall be provided for
each employee and for each room available for guest occupancy in addition
to the off-street parking spaces required for the residence of the
owner.
(8)
Any sign shall comply with the requirements for the
zoning district in which the inn is located.
(9)
Each guest room shall be equipped with a minimum of
one single-station smoke detector.
(10)
All inns shall comply with all building and
fire prevention codes and civil rights laws.
(11)
Each bed-and-breakfast inn authorization is
subject to site plan approval by the Planning Board.
U.
Townhouse developments in R-5A Districts.
[Added 6-14-1994 by L.L. No. 1-1994]
(1)
The following minimum lot and floor area standards
shall apply to each dwelling unit (measured in feet or square feet):
Dimension
|
Minimum Permitted
| ||
---|---|---|---|
Lot area (square feet)
|
1,000
| ||
Lot width (feet)
|
18
| ||
Lot depth (feet)
|
50
| ||
Front yard (feet)
|
101
| ||
Side yard (feet)
|
51 101
| ||
Total for both on interior lot
| |||
Abutting side street on corner lot
|
31
| ||
Rear yard (feet)
|
201
| ||
Floor area (square feet)
|
1,2001
| ||
First floor area (square feet)
|
6001
|
NOTES:
1Requirements may
be reduced by the Planning Board during the subdivision approval process.
|
(2)
A minimum of two off-street parking spaces per unit
shall be provided.
(3)
Where two or more units share a common wall, said
wall shall contain fire-retardant material sufficient to provide two
hours of fire retardation and shall extend from cellar floor to roof
peak.
(4)
All townhouse development projects are subject to
subdivision review and approval by the Planning Board.
V.
Wireless communications facilities.
[Added 9-15-2014 by L.L. No. 2-2014[3]]
(1)
ADEQUATE COVERAGE
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BASE STATION
COLLOCATION
DBM
EQUIPMENT SHELTER
ERP
FACILITY SITE
MAJOR WIRELESS COMMUNICATIONS FACILITY
MINOR WIRELESS COMMUNICATIONS FACILITY
MONITORING PROTOCOL
MONOPOLE
MUNICIPAL CORPORATION
PERSONAL WIRELESS SERVICE PROVIDER
PERSONAL WIRELESS SERVICES
RADIATION PROPAGATION STUDIES or RADIAL PLOTS
REPEATER
TELEPORT
WIRELESS COMMUNICATIONS FACILITY
WIRELESS COMMUNICATIONS SERVICES
WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this Subsection, the following terms shall
have the meanings indicated:
Coverage is considered to be adequate within the service
area of the Village of Highland Falls if the minimum standards set
forth by the Federal Communications Commission to permit the applicant
to operate a personal wireless communications services within the
area are met.
Existing water towers, clock towers, steeples, light poles
and similar existing structures.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
The primary sending and receiving site in a wireless telecommunications
network. More than one base station and/or more than one variety of
personal wireless service provider can be located on a single tower
structure.
The siting and/or mounting of multiple communication facilities
used by the same provider, or by two or more competing providers,
on the same property and/or antenna support structure or communication
tower.
Unit of measure of the power level of an electromagnetic
signal expressed in decibels, referenced to one milliwatt.
A structure located at the base station designed principally
to enclose equipment used in connection with personal wireless service
transmissions.
Effective radiated power.
A property, or any part thereof, which is owned or leased
by one or more personal wireless service providers and upon which
one or more personal wireless service facility(ies) and required landscaping
are located.
Any wireless communications facility that is not a minor
wireless communications facility. A major wireless communications
facility includes all related and appurtenant buildings, structures
and equipment, including a wireless communications tower.
Any wireless communications facility situated on or in an
existing building or other structure where such equipment consists
of a combination of antennas or other receiving device necessary in
number to facilitate the provision of wireless communications services
from such location, provided that such minor installation: 1) is comprised
of antennas or transmitting or receiving devices which are no more
than six feet in height, including supports, and which are mounted
on supports affixed to the existing structure; and 2) may include,
if necessary, a new small (10 feet by 20 feet and 10 feet high) building
to house necessary equipment.
The testing protocol which is to be used to monitor the emissions
from existing and new personal wireless service facilities upon adoption
of this subsection. The Planning Board may, as the technology changes,
require, by resolution, the use of other testing protocols.
A single self-supporting vertical pole, designed to be used
for the purposes provided in the definition of "wireless communications
tower" in this subsection, with no guy wire anchors, consisting of
a galvanized or other unpainted metal, or a wooden pole with below-grade
foundations.
The term "municipal corporation," as used in this subsection,
includes a county, town, city, village, board of cooperative educational
services, fire district or school district.
[Added 8-3-2020 by L.L. No. 3-2020]
An entity licensed by the Federal Communications Commission
(FCC) to provide personal wireless services to individuals or institutions.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services. These services
include cellular services, personal communications services (PCS),
specialized mobile radio services and paging services.
Computer-generated estimates of the radiation emanating from
antennas or repeaters sited on a specific tower or structure. The
height aboveground, power input and output, frequency output, type
of antenna, antenna gain and topography of the site and its surroundings
are all taken into account to create these simulations. They are the
primary tool for determining whether a site will provide adequate
coverage for the personal wireless service facility proposed for that
site.
A small receiver/relay transmitter of not more than 20 watts
output designed to provide service to areas which are not able to
receive adequate coverage directly from a base station.
A facility utilizing satellite dishes of greater than 2.0
meters in diameter designed to uplink to communications satellites
for transmitting in the C-Band (four to six Ghz) spectrum.
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including, but not limited
to, antennas, repeaters, monopoles, equipment, appurtenances and structures.
The provision of personal wireless communications services,
including, but not limited to, those more commonly referred to as
cellular telephone service, which services are regulated by the Federal
Communications Commission in accordance with the Communications Act
of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C.
§ 332(c)(7)(C), or as hereafter amended.
Any freestanding structure, including a lattice structure
or framework and freestanding self-supported vertical pole (commonly
known as a monopole), constructed for the placement of any equipment
for use in connection with the provision of wireless communications
services.
(2)
Compliance with State Environmental Quality Review Act. The board
responsible for reviewing wireless communications facility applications
shall comply with the provisions of the State Environmental Quality
Review Act (Article 8 of the Environmental Conservation Law) and its
implementing regulations.
[Amended 8-3-2020 by L.L. No. 3-2020]
(3)
Applicability.
[Added 8-3-2020 by L.L. No. 3-2020[4]]
(a)
All applicants that seek approval to place a wireless communications
facility in the Village of Highlands Falls shall be subject to the
Village of Highland Falls Zoning Law and the provisions contained
in this subsection, with the specific exception of:
[1]
The Village of Highland Falls as applicant.
[2]
An applicant seeking approval to locate a facility on property
owned by the Village of Highland Falls.
[3]
An applicant seeking approval to locate a wireless communications
facility expressly exempted by federal law.
[4]
An applicant seeking to repair and maintain a lawfully existing
facility.
(b)
The above exemption shall not apply to parks, playgrounds and
similar properties owned by the Village of Highland Falls and used
by the public for recreational purposes. Nor shall these exemptions
apply to cemeteries. Any applicant wishing to place a wireless communication
facility upon such properties shall be subject to the regulations
set forth in the Zoning Law and the provisions contained in this this
subsection.
(c)
Where applicants are specifically exempted from the Zoning Law and the provisions of this subsection pursuant to Subsection V(3)(a)[1] or [2] above, the Village Board of Trustees shall have the sole responsibility to review said application. The Board of Trustees may engage such consultants as it deems necessary, in its sole discretion, to advise it during its deliberations. The cost of all such consultants shall be borne by the applicant.
(d)
Any municipal corporation seeking approval to place a wireless
communications facility within the municipal boundaries of the Village
of Highland Falls shall be subject to review by the Planning Board
and full compliance with these regulations unless exempted by resolution
of the Village of Highland Falls Board of Trustees after conducting
a "balancing of the interest" analysis as set forth in Matter of County
of Monroe v. City of Rochester, 72 N.Y.2d 338 (1988).
(e)
Nothing in this subsection shall eliminate the requirement to
obtain a building permit from the Building Department for the construction
of a wireless communications facility in the Village of Highland Falls.
(4)
Restrictions on use.
(a)
No wireless communications facility, except one approved by
all authorities having jurisdiction prior to the effective date of
this subsection, shall be used, located, constructed or maintained
on any lot, structure or land area unless in conformity with this
subsection. No wireless communications facility may hereafter be erected,
moved, reconstructed, changed or altered unless in conformity with
this subsection. No existing structure shall be modified to serve
as a wireless communications facility unless in conformity with these
regulations.
(b)
All wireless communications facilities shall at all times be
in conformance with the rules and regulations of any governmental
entity having jurisdiction over such communication facilities and
uses, antenna and/or supporting structures and towers, including,
without limitation, the FCC and FAA.
(c)
A wireless communications facility shall be operated and maintained
by an FCC licensee only. An applicant who is not licensed by the FCC
shall not be considered a public utility for the purposes of this
subsection or this chapter.
(d)
The applicant of a wireless communications facility shall show
that the facility is necessary to provide adequate coverage to an
area of the Village which at that time is proven to have inadequate
coverage and shall show that any proposed communication tower or antenna
is the minimum height and aesthetic intrusion necessary to provide
adequate coverage. The applicant seeking to locate a wireless communications
facility in the Village shall demonstrate the need for a new or additional
antenna or tower; that the primary purpose of the facility is to provide
adequate coverage within the Village; and that the coverage area of
the facility lies predominately (more than 50%) within the Village.
(e)
If the coverage area of a proposed wireless communications facility
lies predominately (50% or more) outside of the Village, then the
application may be denied by the Planning Board, unless the applicant
demonstrates that wireless communications facility(ies) cannot be
located within those adjoining municipality(ies) so as to provide
service to the coverage area of the proposed facility within those
municipality(ies).
(f)
If a wireless communications facility is proposed for placement
on a lot that is within or abuts a residential zoning district, the
applicant shall prove that adequate coverage cannot be achieved by
placing a facility on a lot which is not within or does not abut a
residential zoning district.
(g)
No wireless communications facility shall be located on the
roof of a building or attached to the exterior of a building.
(h)
All wireless communications facilities shall be constructed
and maintained in conformance with all building, electrical, fire
prevention and other applicable codes.
(i)
All wireless communications facilities and all property upon
which such facilities are proposed, regardless of ownership by a government
entity or taxing district, shall be subject to requirements and provisions
of this subsection.
(5)
Major wireless communications facilities.
(b)
Conditions precedent to granting site plan or conditional use
approval.
[1]
Service coverage map and report.
[a]
The applicant shall submit a service coverage map
which shows and describes all existing and proposed areas of service
coverage relating to the proposed communications facility. The service
coverage map shall show the location and identify all existing sites
in the Village and all existing and proposed sites within 20 miles
(or a lesser distance, at the Planning Board's reasonable discretion)
of the applicant's proposed site which contain communications towers
or related facilities. A detailed report shall accompany the service
coverage map and shall show why the proposed communications tower,
equipment and facility is necessary. The report shall identify locations
within the proposed project site service coverage area which are not,
and could not be, served by existing facilities, collocation, utilization
of alternative technology or an alternative tower or other structure.
[b]
With respect to the applicant's proposed site and
each of the other existing and proposed sites identified as required
above, the report or map shall include the exact location (in longitude
and latitude, to degrees, minutes and seconds), ground elevation,
height of tower or structure, type and number of antennas, antenna
gain, height of each antenna on the tower or structure, output frequency,
number of channels, power input and maximum power output per channel.
Potential adjustments to these existing or proposed facilities sites,
including changes in antenna type, orientation, gain, height or power
output, shall be specified. Radial plots showing the effective radiated
power (ERP) from each of these existing or proposed facilities sites,
as it exists and with the above adjustments, shall be provided.
[c]
The applicant shall demonstrate that the use of
repeaters in conjunction with the existing or proposed facility sites
examined in compliance with Subsections W(4)(b)[1][a] and [b] is not
feasible to provide adequate coverage. Radial plots showing the effective
radiated power (ERP) of all repeaters considered for use in conjunction
with those facility sites shall be provided.
[2]
Long-range communications facilities plan. The applicant shall
submit a facilities plan which shows that the proposed location of
the communications facility and related buildings and equipment have
been planned to result in the fewest number of communications transmission
tower sites within the Village. The plan shall indicate how the applicant
intends to provide service throughout the Village and how the applicant
plans to coordinate with all other providers of wireless communications
services in the Village. The plan shall address the applicant's planned
and possible location of additional tower sites, additional antennas,
related or other service area coverage, and alternative long-range
plan scenarios that illustrate the potential effects of multiple towers
and of tower(s) height, community intrusion impacts, and visual and
aesthetic impacts.
[3]
Community impacts. The applicant shall submit documentation
which demonstrates that the proposed communication tower height and
bulk is the minimum height and bulk necessary to provide licensed
communication services to locations within the Village which the applicant
is not able to serve with existing facilities. Such documentation
shall include evidence that visual, aesthetic and community character
impacts have been minimized to the greatest extent practicable.
[4]
Demonstration that shared use is impracticable. A special exception
use permit may be authorized for a major wireless communications facility
only if the applicant demonstrates that shared use of existing structures
or sites is impractical. An applicant shall be required to present
a report inventorying all existing towers and other structures which
may serve as potential alternative sites. The report shall describe
opportunities for shared use of these existing facilities as an alternative
to a proposed new tower or related facilities. The report shall demonstrate
that the applicant used its best efforts to secure permission for
shared use from the owner of each existing facility as well as documentation
of the physical, technical and/or financial reasons why shared usage
is not feasible or practical in each case. The applicant's written
request for shared use and the property owners' written responses
shall be provided. The applicant's report shall contain the same type
of data as required in Subsection W(4)(b)[1][b] above.
[5]
Commitment for future shared use. New wireless communications
towers shall be designed to accommodate future shared demand for reception
and transmitting facilities. The applicant shall submit to the Planning
Board an irrevocable letter of intent committing the owner of the
proposed new tower and its successors in interest to permit future
shared use of the proposed tower by other telecommunications providers.
This letter shall also be filed with the Building Inspector prior
to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation of the special
exception use permit following a hearing and opportunity to be heard.
The letter shall commit the new tower owner and its successors in
interest to the following:
[a]
To respond within 90 days to a request for information
from a potential shared-use applicant.
[b]
To use best efforts and negotiate in good faith
concerning future requests for shared use of the tower by other telecommunications
providers.
[c]
To allow shared use of the tower if another telecommunications
provider agrees in writing to pay reasonable charges. The charge may
include but is not limited to a pro rata share of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity and depreciation,
and all of the costs of adapting the tower and/or equipment to accommodate
a shared user without causing electromagnetic interference.
[6]
NIER certification. A written certification shall be submitted,
prepared by a qualified engineer and/or health physicist, which calculates
the maximum amount of nonionizing electromagnetic radiation ("NIER")
which will be emitted from the proposed wireless communications facility
and demonstrates that any such emissions from the facility will be
within the threshold levels adopted by the Federal Communications
Commission as of the day of application. The certification shall include
a statement or explanation of how compliance was determined; an explanation
as to what, if any, restrictions on access will be maintained to ensure
compliance; and a statement as to whether other significant transmitting
sources are located at or near the transmitting site and, if so, whether
those emissions were considered in determining compliance and the
reasons why those emissions were or were not considered.
[7]
Requirements applicable to all wireless communications facilities.
[a]
For proposed sites within 1,000 feet of other sources
of radio frequency (RF) energy, emanating from other wireless communication
facilities, the applicant shall provide an estimate of the maximum
total exposure from all such nearby stationary sources and comparison
with relevant standards. This assessment shall include individual
and ambient levels of exposure. It shall not include residentially
based facilities such as cordless telephones.
[b]
No source of nonionizing electromagnetic radiation
(NIER), including facilities operational before the effective date
of this subsection, shall exceed the federal or state NIER emission
standard.
[8]
The applicant shall comply with all other requirements, standards
and conditions set forth in the zoning code governing special exception
use and site plan applications.
(6)
Other requirements.
(a)
Design.
[1]
Visual impact assessment. The applicant shall submit the following:
[a]
A viewshed analysis in order to determine locations
where the tower and appurtenant facilities may be visible.
[b]
Graphic representations of before and after views
from key viewpoints located inside and outside of the Village including,
but not limited to, state highways and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, residential developments, and any other location
where the site is visible to a large number of visitors or travelers.
[c]
Assessment of alternative tower designs and color
schemes, as set forth in Subsection W(5)(a)[2] below.
[d]
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and structures, and overhead utility
lines on abutting properties and streets.
[2]
Tower design. The applicant shall submit a report describing
alternative tower designs which includes lattice and monopole structures
and other designs to minimize visual impacts. The Planning Board shall
have authority to hire an independent qualified engineer to review
the tower design in order to evaluate the need for, and the design
of, any new tower and potential alternatives. All designs to be considered
shall be required to include, at a minimum, the following characteristics:
[a]
Towers shall be designed to accommodate future
shared use by other wireless communications providers.
[b]
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
[c]
No portion of any tower or accessory structure
shall be used for a sign or other advertising purpose, including,
but not limited to company name, phone numbers, banners and streamers.
[d]
Any new tower shall be securely mounted to withstand
the wind and ice loads and earthquake damage for the place of installation
in accordance with New York State Uniform Fire Prevention and Building
Code.
[e]
The height of any new tower shall be the minimum
height necessary, considering shared use, to meet the minimum requirements
of the Federal Communications Commission for adequate coverage of
the service area.
[f]
The Planning Board shall have authority to hire
a radio frequency engineer at applicant's sole expense to evaluate
the need for a new wireless tower and facility at the proposed location.
[3]
Fully engineered site plan. The applicant shall submit a site plan in accordance with § 240-70 and showing, at a minimum, all existing and proposed roads, buildings, tower(s), guy wire and anchors, antennae, parking and landscaping, and shall include grading plans for new facilities and roads.
[4]
Engineer's report.
[a]
The applicant shall submit a report prepared by
a New York State licensed professional engineer specializing in electrical
engineering with expertise in communication facilities. If a monopole
or tower is required and/or the electrical engineer is not qualified
to certify the structural soundness of the installation, then an additional
report shall be submitted by a New York State licensed professional
engineer specializing in structural engineering. The report(s) shall
contain the following information:
[i]
Name(s) and address(es) of person(s) preparing
the report;
[ii]
Name(s) and address(es) of the property owner,
operator and applicant;
[iii]
Postal address and section, block and lot number
of the property;
[iv]
Zoning district in which the property is situated;
[v]
Size of the property and the location of all lot
lines;
[vi]
Location of all residential structures within
1,000 feet;
[vii]
Location of nearest occupied structure;
[viii]
Location of day-care center, school, camp or
recreational area within 1,000 feet;
[ix]
Location of all structures on the property;
[x]
Location, size and height of all proposed and existing
antennas and all appurtenant structures;
[xi]
Type, size and location of all proposed and existing
landscaping;
[xii]
Number, type and design of antenna(s) proposed
and the basis for the calculations of capacity;
[xiii]
Make, model and manufacturer of the antenna(s);
[xiv]
Description of the proposed antenna(s) and all
related fixtures, structures, appurtenances and apparatus, including
height above grade, materials, color and lighting;
[xv]
Frequency, modulation and class of service of
radio equipment;
[xvi]
Transmission and maximum effective radiated power
of the antenna(s);
[xvii]
Certification that the proposed antenna(s) will
not cause interference with existing communication devices;
[xviii]
Elevation drawings depicting the front, side
and rear of the property, illustrating the proposed antenna(s), mounting
device and structure, if any, on which the antenna(s) is mounted;
[xix]
A map depicting and listing all existing sites
in the Village and bordering municipalities containing transmitting
antenna(s) used by the operator, owner or applicant;
[xx]
All applications, communications and permits submitted
to or issued by the Federal Aviation Administration and Federal Communications
Commission;
[xxi]
Soil and foundation, or supporting structure
report demonstrating adequate stability and support.
[b]
The Planning Board may, in a proper case, waive
one or more of the requirements of this Subsection W(5)(a)[4] and
may require additional reports or evidence that it deems necessary
to ensure the health, safety and welfare of the community is adequately
protected.
[5]
Intermunicipal notification. In order to keep neighboring municipalities
informed, to facilitate the consideration of shared use of existing
tall structures in a neighboring municipality, and to assist the continued
development of communication for emergency services, the applicant
shall provide the following additional notice of the application:
[a]
Notification in writing to the clerk of any adjoining
municipality within one mile of a proposed site or a greater distance
if determined by the Planning Board to be impacted by a proposed new
telecommunications tower.
[b]
Notification in writing by certified mail of all
landowners within 1,000 feet of the property line of the parcel on
which a new tower is proposed.
(b)
Location, lot size and setbacks.
[1]
Any proposed wireless communications tower and its accessory
structures shall be located on a single parcel and shall comply with
setback requirements as identified below.
[a]
In order to protect the health safety and welfare
of children who may be injured by falling ice or debris, all wireless
communications towers shall be a distance of not less than 500 feet
from the nearest property line of a school, day-care center, camp,
public park, playground, recreation area or other area where children
may congregate.
[b]
Wireless communications towers shall be located
with a minimum setback from any property line equal to the height
of the tower or the required setback in the zoning district, whichever
is greater. Accessory structures shall comply with the minimum setback
requirements in the zoning district.
[c]
The lot size of major wireless communications facilities
sites shall be determined by the amount of land required to meet the
setback requirements. If the land is to be leased, the leased area
shall be adequate to meet the setback requirements, and the entire
area required shall be leased from a single parcel.
[d]
Additional setbacks may be required by the Planning
Board to contain on site all ice fall or debris from tower failure
and preserve the privacy of any adjoining residential and public properties.
[e]
All wireless communications facilities shall be
located at least 500 feet from a (residence) parcel perimeter measured
from the nearest component of the facility.
(c)
Vegetative screening and fencing.
[1]
Landscaping. All facilities shall provide landscaping as follows:
[a]
All facilities shall be located and designed to
have the least possible adverse visual and aesthetic effect on the
environment.
[b]
The area surrounding the installation, other than
the area necessary to maintain a clear line of site to the signal
source, shall be landscaped and maintained with trees, shrubs, and
ground cover to maximize screening and visual buffering. The Planning
Board may determine that an existing natural vegetative buffer which
meets or exceeds the above requirements is sufficient.
[c]
Landscaping shall include trees of a height and
density established by the Planning Board that will, over time, further
screen the site, buffer neighboring properties, and reduce visual
impacts resulting from the installation of said facility.
[d]
The outside of security fencing shall be screened
with evergreen shrubs, trees or climbing evergreen material.
[e]
The base of any communication tower and any accessory
structure shall be effectively screened using primarily vegetative
screening, including a continuous evergreen screen planted in a natural
setting and consisting of native plant species. Existing vegetation
shall be preserved to the maximum extent practicable. Additional plantings
shall be required, as necessary, to screen and buffer all structures
from nearby properties or important viewsheds of scenic areas. All
landscaping shall be properly maintained to ensure continued screening
and buffering.
[2]
Security and safety fencing. Security and safety fencing shall
be located around all communication towers, equipment and related
facilities to prevent unauthorized access. Access to all structures
shall be through a locked gate or locked principal building. Fencing
shall be designed to minimize visual and aesthetic impacts and shall
be equipped with appropriate anticlimbing devices. Failure to maintain
said security and safety fencing in an appropriate manner shall be
grounds for immediate revocation of all permits and certificates of
use by the Building Inspector. In addition:
[a]
All communication towers, antenna towers, monopoles
and other supporting structures shall be made inaccessible to unauthorized
persons, particularly children, and shall be constructed or shielded
in such a manner that they cannot be climbed.
[b]
All transmitter controls shall be designed and
installed in such a manner that they are accessible only to persons
authorized by the licensee to operate or service them.
[c]
All transmitters shall be designed in such a manner
that, in the event an unauthorized person does gain access, that person
cannot cause the transmitter to deviate from its authorized operating
parameters in such a way as to cause interference to other stations.
[d]
All transmitters (other than hand-carried or pack-carried
mobile transmitters) and control points shall be equipped with a visual
means of indicating when the control circuitry has been activated
to cause the transmitter to radiate.
[e]
All transmitters shall be designed in such a manner
that they can be turned off independently of any remote control circuits.
[f]
Facility and stations shall be monitored from a
central station continuously.
[3]
Coloring and marking. Unless otherwise required by the FAA or
FCC, all communication facilities, including antenna and communication
towers, shall be colored, camouflaged and/or shielded to blend with
surrounding areas, provided such coloring, camouflage and/or shielding
does not inhibit their effectiveness. The painting or marking of such
facilities shall have a finish or coloring which will minimize visual
and aesthetic impacts. Towers and all appurtenances shall generally
have a galvanized finish and shall be painted gray or blue gray, or
some other finish or color that is shown to be visually unobtrusive.
[4]
Signals and lights. No antenna or tower shall include any signals,
lights or illumination unless required by the FAA or other applicable
authority. The applicant shall provide to the Planning Board any legal
authority which requires lighting. If lighting is required, the lighting
shall be such as to cause the least disturbance to surrounding properties
and views. Any lighting necessary for accessory structures or buildings
shall be the minimum necessary and shall be properly shielded to prevent
light emission and glare onto adjacent properties.
[5]
Signage. No signs, including advertising signs, shall be permitted
on any antenna, communication tower, antenna tower or monopole, or
antenna support structure, except as follows:
[a]
Signs specifically required by a federal, state
or local agency.
[b]
Each site shall include a sign containing the name
and emergency phone number of the owner and operator of all antennas.
Any door having access to a roof-mounted antenna and all entrances
to the fenced enclosure shall be similarly posted.
[c]
All signage shall comply with the sign regulations
of the zoning code.
[d]
Any graffiti on a structure shall be removed within
48 hours.
(d)
Undergrounding of electrical power and noise suppression. All
electrical power supply to service the on-site buildings and appurtenances
supporting the tower antenna operations shall be installed underground.
Noise suppression shall be utilized in the structural design and construction
of the tower support buildings and appurtenances.
(e)
Access and parking.
[1]
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall, at all times, minimize ground disturbance and
vegetation cutting to within the toe of fill, the top of cuts, or
no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
[2]
Parking. Parking shall be provided on site in an amount determined
by the Planning Board based upon recommendation from the applicant.
No parking shall be located in any required front yard.
(f)
The Planning Board may waive any of the requirements of this
Subsection W(5) if demonstrated by the applicant that any such requirement
is inapplicable or unnecessary to the particular application. The
Planning Board shall specify in writing, with supporting reasons,
any requirement so waived.
(7)
Minor wireless communications facilities. At all times, shared use
within or on existing uninhabited tall structures and on existing
approved towers shall be preferred to the construction of major wireless
communications facilities.
(a)
Minor wireless communications facility is a permitted use on
an existing approved tower or other approved structure, subject to
site plan review by the Planning Board. The Planning Board may require
the applicant to submit any of the items set forth in Subsection W(5)
herein as part of the site plan review process.
(b)
An application for site plan approval of a minor wireless communications
facility shall include, at a minimum, the following:
[1]
Consent from the owner of the existing facility to allow shared
use.
[2]
Site plan shall show all existing and proposed structures and
improvements including antennas, roads, buildings, guy wires and anchors,
parking, landscaping, grading plans, any methods used to conceal the
modification to the existing facility, and all other items required
by the zoning code for site plans.
[3]
Engineer's report certifying that the proposed shared use will
not diminish the structural integrity and safety of the existing structure
and will not hamper existing emergency networks and explaining what
modifications, if any, will be required in order to certify the above.
[4]
Copy of the applicant's Federal Communications Commission (FCC)
license.
[5]
The Planning Board may waive any of the above requirements if
it is demonstrated by the applicant that under the facts and circumstances
the submission of such documentation would cause an unnecessary and
undue hardship. The reason(s) for any such waiver shall be stated
in writing.
[6]
The Planning Board may require any other documentation, reports
or evidence that it deems necessary to ensure the health, safety and
welfare of the community is adequately protected.
(8)
Required conditions of all approvals.
(a)
Removal.
[1]
Any antenna, communication facility, communication tower, antenna
tower or monopole, including any supporting structure and related
appurtenances, or part thereof, which is not used for six months,
including a noncontinuous but cumulative period of six months, in
any twelve-month period shall be removed by the operator of said facility
and the property restored, at its sole cost and expense. Applicant
must deposit in escrow a minimum of 50% of the present cost to remove
the facility.
[2]
An extension of up to an additional six months may be granted
by the Planning Board upon submittal of a written request for said
extension, including proof as determined reasonable by the Board that
the owner is actively engaged in the marketing of the property for
sale or rent.
[3]
In the event the tower is not removed as herein required, the
Village, after notice and opportunity for the property owner and operator
to be heard, may cause the tower to be removed and the property restored.
The total cost to the Village of such removal and restoration, including
but not limited to removal and disposal costs and engineering, attorney
and employee expenses, if not paid, shall be drawn from the escrow
fund with the remainder assessed against the property and collected
in the same manner as real property taxes.
(b)
Operational certification. Within 45 days of initial operation
or modification of a wireless communications facility, the owner or
operator shall submit to the Building Inspector a written certification
by an independent professional engineer hired by the Planning Board
at the sole expense of the applicant that the operation is in compliance
with the application submitted, all conditions imposed, and all other
provisions of this subsection. Such certification shall be a condition
of lawfully operating past this forty-five-day period. The Village
may confirm and periodically reconfirm compliance as necessary to
ensure compliance with all provisions of law, including NIER levels
as set forth by the FCC. The operator of the facility shall supply
all necessary documentation to permit the Village to make such a determination
regarding compliance. If found to be not in compliance, the facility
shall cease operation until compliance is restored.
(c)
Existing installations.
[1]
The current operator of any communication facility or communication
tower, antenna or monopole in lawful existence at the time of adoption
of this subsection shall be permitted to remain in operation, provided
the operator submits proof within six months of said adoption that
valid building permit(s) was issued for the facility, that the facility
complies with current emission standards as promulgated or recommended
by the FCC, and that the facility meets the security requirements
of this subsection.
[2]
Any lawful nonconforming communication facility or communication
tower shall be permitted to remain until such time as the use, facility
or structure is altered, at which time compliance with this subsection
shall be required.
[3]
Any facility for which emission and security compliance documentation
is not received shall cease operation within six months of adoption
of this subsection and shall be immediately removed thereafter. If
the facility is not removed, then the Village may cause removal in
the manner set forth in Subsection W7(a) above.
(9)
Review and compliance costs.
(a)
The applicant and operator, respectively, of a facility are
responsible for the payment of all of the Village's costs to review
an application and to determine continued compliance after commencement
of operation. Payment of all such costs within 30 days of billing
shall be a condition of approval and of continued operation.
(b)
The Planning Board is authorized and shall require the applicant
to post funds in escrow in an amount determined by the Planning Board
to pay for the Planning Board's review costs. Such escrowed amount
shall be replenished by the applicant, as directed by the Planning
Board, such that sufficient funds are available at all times.
(c)
As a condition of approval, the applicant shall be required
to post funds in escrow in an amount determined by the Planning Board
to pay for the Village's cost of inspection and determining continued
compliance with the conditions of approval, this subsection, and all
other applicable requirements. Such escrowed amount shall be replenished
by the operator, as directed by the Planning Board, such that sufficient
funds are available at all times.
(d)
An amount equal to 50% of the cost of removal shall be deposited
as a condition of the approval.
[3]
Editor's Note: Section 3 of this subsection stated that it
supersedes other provisions of the Village Zoning Law which permit
or regulate public utilities.