[Amended 12-8-2016 by L.L. No. 5-2016]
Special uses for which conformance to additional requirements is mandated by this chapter (see § 275-10, and Table 1) and § 275-41 shall be permitted in their respective districts, subject to the satisfaction of the conditions; and standards set forth in this article in addition to all other requirements of this chapter. All such special uses are declared to possess characteristics of such unique and special form that each specific special use shall be considered as an individual case.
The approving agency for all special use permits
shall be the Board of Trustees of the Village of Roslyn Harbor.
A.
Submission of an application. Applicants may submit
a preliminary, informal application and discuss it with the Board
of Trustees prior to formal submission of a complete and detailed
special use permit application. Formal and informal applications for
a special use permit shall be made to the Building Inspector for zoning
compliance review; 12 such copies shall be submitted. Such a submission
shall include a site plan, as well as a written statement describing
the nature of the proposed special use and how it will serve to implement
the purposes of this chapter. Following compliance review, the application
shall be forwarded to the Building Inspector for a determination of
completion.
B.
Formal review. If an application is determined to
be complete by the Building Inspector, the application shall be forwarded
to the Board of Trustees. An application shall be considered officially
submitted and received on the date of the next meeting of the Board
of Trustees following such forwarding. The required period of time
for review and decision, as provided herein, shall commence on the
date that the application is deemed officially submitted.
A.
Public hearing required. The Board of Trustees shall conduct a public hearing within 62 days from the date upon which a formal application is officially submitted, as provided for in § 275-23.
B.
Notice to the public.
(1)
At least 10 days prior to the public hearing, the
Board of Trustees shall give public notice thereof by publication
in a paper of general circulation in the Village and a posting of
the notice at Village Hall.
(2)
The applicant shall serve written notice by registered
or certified mail on all known property owners within a radius of
200 feet of the lot lines of the parcel of land for which the special
use permit application has been filed, at least 10 days prior to such
hearing.
Within 62 days of the receipt of a completed application, unless such time is extended by mutual agreement with the applicant, the Board of Trustees shall approve, approve with modifications, or disapprove the application. The Board of Trustees shall approve the application where it finds that the standards of § 275-31 and the standards of §§ 275-38 to 275-44, as applicable, have been met. The Board of Trustees may approve such application conditionally where it finds that such conditions or modifications are necessary to ensure initial and continued conformance with the standards in § 275-31 and the standards of §§ 275-38 to 275-44, as applicable. Any changes in the use or uses of land, buildings or structures which were approved by special use permit under this chapter shall require another special use permit.
The Board of Trustees may, in its sole discretion,
refer the application to the Planning Board for its advice and guidance
on the special permit application.
The Board of Trustees shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed special use permit. The
Board of Trustees may require a performance bond or other such security
prior to the issuance of a building permit to cover the cost of all
improvements for which the special use permit has been granted.
Authorization to depart or vary from any dimensional requirements for the grant of a special use permit, as specified in this article (Article VI), shall only be granted by the Zoning Board of Appeals as set forth in § 275-45. Authorization to depart or vary from any other requirement for the grant of a special use permit as specified in this article (Article VI) shall be granted by the Board of Trustees in compliance with such requirements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate to a particular special use permit.
A.
No application shall be deemed officially submitted
unless it complies with all the requirements of this chapter and any
necessary variances have been granted by the Zoning Board of Appeals.
B.
In cases where an application requires one or more
variances, the applicant shall be so advised by the Building Inspector,
who shall also advise the applicant of the procedures and requirements
to be followed in seeking any necessary variance or variances from
the Zoning Board of Appeals. No further action shall be taken with
respect to an application unless and until all required variances
have been approved by the Zoning Board of Appeals.
The applicant shall provide the following:
B.
A check or money order made payable to the Village of Roslyn Harbor in the amount specified in Article XIII.
C.
An affidavit of proof of service of notice pursuant to § 275-24B(2) with the Board of Trustees.
A.
The Board of Trustees' review of all applications for special use permits shall include, as appropriate, but is not limited to, the following general standards, in addition to the individual standards and requirements for certain special uses as provided in §§ 275-38 to 275-44:
(1)
Such a use shall be in harmony with the general purposes
and intent of this chapter.
(2)
Such a use shall not affect adversely the character
of the district, nor the conservation of property values, nor the
health and safety or residents or workers on adjacent properties and
in the general neighborhood.
(3)
Such a use shall be of such appropriate size and so
located and laid out in relation to its access streets that vehicular
and pedestrian traffic to and from such a use will not create undue
congestion or hazards prejudicial to the character of the general
neighborhood.
(4)
Such a use shall not conflict with the direction of
building development in accordance with such plans as may have been
adopted by the Board of Trustees.
(5)
Such a use shall not in any way jeopardize the health,
safety and general welfare of the public.
B.
The Board of Trustees may attach such additional conditions
and safeguards to any special use permit as are, in its opinion, necessary
to ensure initial and continued conformance with all applicable standards
and requirements of this chapter.
Costs incurred by the Board of Trustees for consultation fees or other expenses in connection with the review of a special use permit application may be charged to the applicant, as specified in § 275-66. The Board of Trustees may condition the grant of special use permit approval or building permits on the payment of such fees in full.
Whenever the development for which a special
use permit is being sought is also subject to other approval procedures,
such as variances, or other requirements of this chapter and other
local laws of the Village, the approving agencies shall attempt to
integrate, as appropriate, special use permit review as required in
this article with the procedural and submission requirements for such
other compliance.
A permit for a special use approved by the Board of Trustees pursuant to this article (Article VI) shall be deemed to have expired, unless:
A.
The lot, or land where no building or structure is
involved, shall have been put into use within 12 months after the
date of issuance of such permit, for the purpose for which such permit
was approved.
B.
The building or structure for which such permit was
approved shall have been actually begun within 12 months after the
date of issuance of such permit.
C.
The entire building or structure for which such permit
was approved shall have been completed according to filed plans within
three years after the date on which such permit was granted.
The fees for special use permits are provided in Article XIII.
In its review of special use permit applications,
the Board of Trustees shall comply with the provisions of the State
Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental
Conservation Law and its implementing regulations.
[Amended 3-21-2007 by L.L. No. 3-2007]
A.
Any professional occupation or activity carried out
for gain by a resident shall be conducted entirely within the dwelling
unit and shall be clearly incidental to the use of the structure as
a dwelling. No accessory structures or areas outside the principal
structure shall be used for or in connection with the home professional
office.
B.
No more than 25% of the gross floor area of the dwelling
unit or 1,500 square feet, whichever is lesser, shall be used in connection
with the home professional office.
C.
The exterior of the dwelling as well as the site shall
maintain a residential appearance with no differentiation from the
exterior as to which portion of the dwelling is being used in connection
with the home professional office.
D.
There shall be no storage of equipment, vehicles or
supplies associated with the home professional office outside the
dwelling.
E.
There shall be no display of products visible in any
manner from the outside of the dwelling, except that one nonilluminated
nameplate not to exceed two square feet in area mounted flat against
the dwelling shall be permitted.
F.
The home professional office shall be limited to the
residents of the dwelling unit and not more than two additional persons
on the premises.
G.
Use of commercial vehicles for delivery to or from
the premises shall be limited to one vehicle, not to exceed 3/4 of
a ton and owned by the resident of the dwelling, which shall be parked
in enclosed garage on the premises. Commercial vehicles with more
than two axles shall not be permitted to make deliveries of materials
to or from the premises.
H.
For those home professional offices in which instruction
or meetings are required, no more than three pupils, visitors, clients
or customers shall be permitted on site at one time.
I.
Adequate off-street parking spaces shall be provided on the premises, but in no event shall more than three spaces in addition to those required to comply with the requirements of § 275-18G for the residential use be permitted.
J.
No equipment shall be used or process conducted which
creates noise, vibration, glare, fumes or odors detectable to the
normal senses at the boundary line of the premises.
K.
No home professional office shall be conducted between
the hours of 9:00 p.m. and 9:00 a.m.
A.
No person shall cause, suffer or permit the erection,
construction, installation, relocation and/or maintenance of any parabolic
or hemispheric disc or satellite receive-only antenna or other similar
antenna or device having a diameter of more than one meter, the purpose
of which is to receive telephone, radio and/or microwave or other
electrical or similar signals from satellites or from ground facilities
which transmit such signals, except as provided herein. Where the
diameter of such antenna or device exceeds one meter, any application
for a permit shall be accompanied by a sketch drawn to scale showing
existing structures upon the real property, their location and the
distance from the proposed disc or antenna, the dimensions of the
disc or antenna or of existing structures, the setbacks of the disc
or antenna from each property line, and a landscape plan illustrating
proposed screening of the disc or antenna from the roadway and adjoining
property owners. If attached to a structure, the sketch shall show
where on the structure the proposed disc or antenna is to be attached
and the materials used to attach to the structure. All work to be
performed in conjunction with the mounting or placement of a disc
or antenna, including the topping of any trees or change of grade
of real property, shall be shown on the plans submitted in conjunction
with an application for a permit.
B.
The first special use permit granted to any applicant
under this section for a parabolic disc or antenna of more than one
meter shall be conditional and shall be for a period of not more than
two years. Any application for renewal of such a permit shall be acted
upon in the same manner as an initial application.
C.
The antenna or other device shall be located only
in the rear yard of the lot, unless the applicant establishes that
other placement is necessary to obtain reasonable reception.
D.
No permit shall be issued if either the type of antenna
or disc or the method of its placement will endanger the safety of
residents, neighbors or pedestrians or threaten property on the applicant's
lot or adjoining lots.
E.
Use of any illumination for the disc or antenna is
strictly prohibited.
F.
All connections shall be made so that wiring and supporting
cables shall not be visible from the street or sidewalk.
G.
No more than one parabolic, hemispheric, satellite
receive-only or similar antenna shall be erected, constructed, installed
or maintained on a single lot or premises.
H.
If freestanding, the height of the parabolic disc
or antenna shall not exceed the height of any accessory building permitted
in the district. If located upon a structure upon a lot, the height
of such disc or antenna shall not be greater than six feet above the
height of the principal building.
I.
Irrespective of when constructed and irrespective
of the material out of which it has been constructed, a parabolic
disc or a similar antenna, and also boarding structures, shall be
considered a structure with respect to building area and shall comply
with all rules and regulations regarding excess restructures.
J.
The Board shall impose such screening requirements
as are reasonable to effectuate the purposes set forth in this section
and that will not substantially limit reception.
K.
A application for a special use permit for a parabolic
disc or antenna of more than one meter in diameter shall describe
the subject premises by street address and by section, block and lot
number and shall describe the present use of the premises. In addition,
the application shall be accompanied by the following:
(1)
A location survey showing existing structures upon
the premises, their location and distance from the proposed disc or
antenna, the dimensions of the parabolic disc or antenna, the setbacks
of the parabolic disc or antenna from each property line and all properties
and structures within a two-hundred-foot radius of the premises, showing
the names and street addresses of the record owner of such property.
(2)
A detailed plan showing the material from which the
parabolic disc or antenna is to be constructed and the proposed color
of the parabolic disc or antenna and details illustrating the structural
support system.
(3)
A landscape plan illustrating adequate screening of
the parabolic disc or antenna which will be provided to screen the
parabolic disc or antenna from the roadway and adjoining property
owners. Unless demonstrated to be impracticable, all screening required
shall be by coniferous trees and shall be of sufficient height and
density to screen 100% of the parabolic disc or antenna from sight
at ground level from the roadway and from properties located within
a two-hundred-foot radius of the premises during the entire year.
A.
All principal and accessory buildings shall not exceed
the maximum height requirements applicable to the district in which
they are located as set forth in this chapter.
B.
Any accessory buildings and structures shall be located
not less than 20 feet distant from any wall of the main building.
C.
Each lot shall meet the minimum setback requirements
for front, side and rear yards applicable to the district in which
it is located.
D.
On each lot there shall be a paved parking area with
one parking space for every three seats in the principal building
and the accessory buildings, and one space for each 50 square feet
of floor space used for public assembly which does not contain seats.
E.
Wherever a parking area is adjacent to a street or
a residential lot, there shall be planted, kept and continuously maintained
in good condition along the property line between the parking area
and the street or the residential lot, as the case may be, a thick
screen of shrubbery or hedge to a height of not less than six feet
and a depth of not less than five feet.
F.
Drainage and lighting plans shall be approved by the
Board. Dry wells shall be provided at locations approved by the Board
for roof water and other runoff. Any drainage plans shall contain
design calculations matching design criteria. Drainage plans for any
parking areas shall provide for diffusion wells with asphalt or similar
hard-surfaced areas designed to accommodate a two-inch rainfall within
a twenty-four-hour period with a runoff coefficient equal to one.
All lighting on the premises shall be shielded to minimize lighting
beyond the property lines, and all lighting fixtures shall be of a
design and wattage, and located in such location and in such manner,
as shall be approved by the Board.
[Amended 12-8-2016 by L.L. No. 5-2016]
A.
Legislative intent. The Board of Trustees determines that it is in
the best interest of its residents to establish regulations and standards
for the siting and installation of all wireless equipment, including
towers, monopoles, pole-mounted and building-attached equipment and
other related devices and equipment. These regulations and standards
are adopted in order to promote the safety and welfare of the residents
of the Village to the extent reasonably permitted under federal and
state laws and rules and regulations. This section will ensure that
all wireless telecommunication service facilities and equipment be
sited, designed, built and utilized in accordance with sound use planning
that will preserve and protect the aesthetic qualities of the Village
and promote and protect the safety and welfare of its residents.
B.
Purpose. The purpose of this section is to regulate, to the fullest
extent reasonably permitted by law, the siting, location, construction
and maintenance of wireless telecommunication service facilities in
the Village in order to:
(1)
Promote the safety and welfare of the residents of the Village and
surrounding communities.
(2)
Minimize the adverse visual effects of wireless telecommunication
service facilities and to protect the natural features, aesthetics
and open space character of the Village by careful siting, design,
buffering and screening of wireless telecommunication service facilities.
(3)
Avoid potential dangers to the community, adjacent properties and
the site from structural dangers pertaining to the construction and
maintenance of wireless telecommunication service facilities.
(4)
Limit the total number of wireless telecommunication service facilities
to be constructed in the Village to the minimum number of facilities
necessary to provide adequate coverage to the Village.
(5)
Maximize the use of any proposed site by reducing the number of facilities
to be constructed on the site and encourage co-location and multiple
use of facilities to the extent reasonably permissible.
(6)
Encourage the priority siting of wireless telecommunication service
facilities on properties in the Village.
C.
ADEQUATE COVERAGE
CO-LOCATION
FAILURE OF COVERAGE
MONOPOLE
REPEATER
SECONDARY WIRELESS TELECOMMUNICATION SERVICE FACILITIES
TOWER
WIRELESS TELECOMMUNICATION SERVICE FACILITIES
WIRELESS TELECOMMUNICATION SERVICES
Definitions. As used in this section, the following terms shall be
defined as follows:
Coverage for wireless telecommunication service facilities
is considered to be adequate within that area when the transmitted
signal is capable of being sent or received. It is acceptable for
there to be holes within the intended coverage area.
The use of wireless telecommunication service facilities
or other structure to support antennae for the provision of wireless
services without increasing the height of such facility or other structure.
An area within the Village of Roslyn Harbor where there is
not adequate coverage.
A freestanding pole having a single point of location on
the ground comprising a part of a wireless telecommunication service
facility. For purposes of this section, the term monopole shall include,
in addition to the pole, all other components of the wireless telecommunication
service facilities.
A small, supplementary and accessory bi-directional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a failure of coverage and to minimize
visual impacts and the need for primary base stations which may be
attached to a structure or pole.
A small wireless telecommunication services facility that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a failure of coverage.
Such facility shall be limited in height and transmission power to
the minimum necessary to achieve adequate coverage in the area where
there is a failure of coverage.
A guide wired or self-supporting tower constructed as a free
standing structure comprising a part of a wireless telecommunication
service facility. For purposes of this section, the term tower shall
include, in addition to the tower, all other components of wireless
telecommunication service facilities.
Any and all equipment and structures used in connection with
the commercial operation of wireless telecommunication services, as
defined herein, and as the term personal wireless service facilities
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, monopoles, secondary wireless telecommunication service
facilities, repeater, and such other equipment, appurtenances and
structures relating thereto.
The provision of wireless telecommunication services, including
those more commonly referred to as cellular telephones, which services
are regulated by the Federal Communications Commission (FCC) in accordance
with, and as the term personal wireless services 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.
With the exception of communications for the Village and local police,
fire, ambulance and other municipal emergency service, the term wireless
telecommunication services shall specifically exclude all other services
not included in the FCC definition of personal wireless services.
D.
Special use permit. No wireless telecommunication service facilities
shall be sited, located, constructed or maintained on any lot, building,
structure or land area in the Village, unless and until a special
use permit is issued by the Board of Trustees in conformity with the
requirements of this section, and all other applicable requirements
of this zoning ordinance and those rules and regulations governing
wireless telecommunication service facilities.
E.
Location.
(1)
Wireless telecommunication service facilities shall be located on
properties meeting the below criteria in the noted order of priority.
The applicant shall evaluate and demonstrate the feasibility of all
available higher priority locations meeting the criteria before considering
a lower priority location:
(a)
Private or public properties exceeding 100 acres in area, where
one wireless telecommunication services facility site can provide
at least adequate coverage to the Village and which avoids and minimizes
impacts upon adjoining residential properties by providing a separation
of 1,000 feet or more from all property boundaries and/or residences.
(b)
Village-owned property used for municipal purposes.
(c)
Co-location on a site with a current legally permitted wireless
telecommunication service facility or structure, or location on a
site previously approved for a telecommunication tower.
(d)
Properties having in excess of 12 acres in area, which property
location minimizes the economic and aesthetic impacts upon adjoining
residential properties, while providing adequate coverage to the Village.
(e)
On existing legal, nonresidential structures such as water tower,
church steeple, or other similar nonresidential structures, when placement
of wireless facilities, including, but not limited to, antennas, which
do not increase the height of the existing structure by more than
three feet.
(2)
Location sites not meeting with the above priority criteria shall
only be considered by the Boardof Trustees when the applicant demonstrates
to the Board's satisfaction that a priority site is not available
and that the alternate site protects and preserves the aesthetic qualities,
open space characteristic of the Village of Roslyn Harbor, the property
value of the community and the safety and welfare of its citizens,
to the maximum extent practicable.
(3)
An applicant may not by-pass sites of higher priority by stating
the site proposed is the only site available.
(4)
An application shall address co-location options. If such option
is not proposed, the applicant must explain to the reasonable satisfaction
of the Village, why co-location is not feasible. Agreements between
providers limiting or prohibiting co-location shall not be a valid
basis for any claim that co-location is not feasible.
(5)
Notwithstanding the above, the Village may approve any site located
within an area in the above list of priorities, provided that the
Village finds that the proposed site is in the best interest of the
health, safety and welfare of the Village and its inhabitants and
will not have a deleterious effect on the aesthetic nature and character
of the community, the neighborhood and on nearby property values.
(6)
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the Village may
disapprove an application for any of the following reasons:
(a)
Conflict with safety and safety-related codes and requirements;
(b)
Conflict with the historic nature or aesthetic character of
a neighborhood or historical district;
(c)
The use or construction of wireless telecommunication service
facilities which is contrary to or, violates contractual agreements
with the Village;
(d)
The placement and location of wireless telecommunication service
facilities which would create an unacceptable risk, or the reasonable
probability or such, to residents, the public, employees and agents
of the Village, or employees of the service provider or other service
providers;
(e)
Material or substantial conflicts with the provisions of this
section.
F.
Shared use of wireless telecommunication service facilities and other
structures. Applications which locate facilities on existing wireless
telecommunication service facilities or other structures without increasing
the height, as opposed to the construction of a new wireless telecommunication
service facility, shall be preferred by the Village. The applicant
shall submit a comprehensive report inventorying existing wireless
telecommunication service facilities and other suitable alternative
structures within two miles of the location of any proposed new site
or wireless telecommunication service facilities. The applicant may
show that a lesser distance is more reasonable, provided it is demonstrated
that the two-mile distance is not applicable. The Village shall only
show that the needs of the minimum antenna array necessary to provide
service primarily and essentially within the Village is by co-location.
G.
Design of antenna, towers, and accessory structures. Towers and antennas
shall be designed to blend into the surrounding environment through
the use of color and camouflaging architectural treatment, except
in instances where the color is dictated by federal or state authorities
such as the Federal Aviation Administration. Every antenna and tower
shall be of neutral colors that are harmonious with, and that blend
with, the natural features, buildings and structures surrounding such
antenna and structure, provided however, that directional or panel
antenna and omnidirectional or whip antennas located on the exterior
of a building that will also serve as an antenna tower shall be of
colors that match, and cause the antenna to blend with, the exterior
of the building. Accessory structures will be designed to be architecturally
compatible with principal structures on the site.
H.
Freestanding structures.
(1)
The type and design of freestanding wireless telecommunication service
facilities shall be disguised to minimize its visibility and impact
to the satisfaction of the Board of Trustees. Wireless telecommunication
service facilities which require the use of guide wires are prohibited.
(2)
The Board of Trustees may limit the tower to the minimum size and
height required to provide service adequate to attain minimum coverage
to eliminate required gaps in service within the Village.
I.
Freestanding structures, setbacks.
(1)
It shall be a priority of the Village to maximize the separation
between wireless telecommunication service facilities and residences
and residential properties.
(2)
Unless otherwise modified by the Board of Trustees in an effort to
accommodate co-location, location on a site previously approved for
telecommunication tower, or other purposes of this section, freestanding
wireless telecommunication service facilities shall be located from
the property line and all dwelling units not less than:
(a)
Two times the height of the facility plus the applicable setback
requirements for principal structures for the district in which the
property is located; and
(b)
Such additional setbacks as shall be determined by the Board
of Trustees in order that the proposed facility will not create damage
or injury from a structural failure of wireless telecommunication
service facilities.
J.
Height limitations.
(1)
Notwithstanding any provision to the contrary in the Building Zone
Ordinance, the following maximum height limitation for wireless telecommunication
service facilities shall apply, but under no circumstances shall the
height exceed the minimum height reasonably necessary to accomplish
the purpose it is proposed to serve.
(2)
The height of any monopole or other freestanding structure utilized
in a wireless telecommunication service facility shall not exceed
150 feet, measured from the highest point of such facility to the
original grade elevation of the ground immediately adjacent to the
structure.
K.
Visual mitigation.
(1)
The applicant shall prepare a visual impact assessment of the proposed
wireless telecommunication service facilities based upon appropriate
modeling, photography and other pertinent analytical techniques as
required by the Board of Trustees, including but not limited to a
map identifying the zone of visibility.
(2)
Landscaping and/or other screening and mitigation, including but
not limited to architectural treatment, and alternative construction,
structural and transmission technologies such as antennas attached
to or disguised as trees or other features or camouflaging techniques,
shall be required to minimize the visual impact of such facility from
public thoroughfares, important views and vantage points and surrounding
properties to the extent practicable all as determined by the Board
of Trustees.
(3)
No signs other than as approved by the Board of Trustees for security
or safety purposes, shall be erected on any wireless telecommunication
service facilities.
(4)
All ground based equipment and structures shall be located underground.
L.
Lighting. The wireless telecommunication service facilities shall
not be artificially lighted unless otherwise required by the Federal
Aviation Administration (FAA).
M.
Application fees. The applicant is responsible for the payment to
the Village of a permit fee of $5,000 for each application for a single
wireless telecommunication services facility and an additional $5,000
for each co-located licensed wireless telecommunication services provider
for each site requested in the application.
N.
Hearing charges.
(1)
An applicant shall deposit with the Village funds sufficient to reimburse
the Village for all reasonable costs of such consultant and expert
evaluation and consultation to the Board in connection with the review
of any application including the construction and modification of
the site, once permitted. The initial deposit shall be $10,000 and
shall be modified to the application filing fee. The Village will
maintain a separate escrow account for all such funds. The Village's
consultants/experts shall invoice the Village for its services in
reviewing the application and, if permitted, overseeing the construction
of the facility. If at any time during the process this escrow account
has a balance less than $2,500, the applicant shall immediately, upon
notification by the Village, replenish said escrow account so that
it has a balance of at least $10,000. Such additional escrow funds
shall be deposited with the Village before any further action or consideration
is taken on the application. In the event that the amount held in
escrow by the Village is more than the amount of the actual invoicing
at the conclusion of the project, the remaining balance shall be promptly
refunded to the applicant.
(2)
Each applicant shall pay in addition to the application fee, hearing
charges required above prior to the hearing and meeting for which
the fees are required and the charges are incurred, to the extent
that the latter are then determined. To the extent that hearing charges
are subsequently determined to exceed the funds on hand, the applicant
shall pay the same prior to the next stage (after such charges are
determined) in connection with the application, or approval, including
the filing of a final decision.
(3)
No hearing shall be held and no consideration shall be given by the
Board of Trustees on any application unless all required fees and
charges, to the extent that the latter are then determined, shall
have been paid.
(4)
The Board of Trustees may retain any consultant and/or expert necessary
to assist it in reviewing and evaluating the application, including
the construction and modification of the site, once permitted, and
any requests for re-certification.
(5)
The total amount of the funds needed as set forth in this section
may vary with the scope and complexity of the project, the completeness
of the application and other information as may be needed to complete
the necessary review, analysis and inspection of any construction
or modification.
(6)
The applicant shall also reimburse the Village for the actual and
necessary charges for legal fees which have been incurred by the Village
in connection with the application not to exceed $150,000.
O.
Lease agreement. In the case of an application for approval of wireless
telecommunication service facilities to be located on lands owned
by a party other than the applicant or the Village, a copy of the
lease agreement with the property owner, together with any subsequent
modifications thereof, shall be provided and a copy shall be filed
with the Village Clerk.
P.
Removal.
(1)
Wireless telecommunication service facilities, or any portion thereof,
including any portion of the antenna, shall be dismantled and removed
from the property on which it is located when it has been inoperative
or abandoned for a period of 180 days from the date on which it ceased
operation or no longer has a valid approval, permit or license or
is otherwise no longer necessary for the provision of adequate coverage
and adequate capacity in the Village.
(2)
The applicant shall provide to the Village written notification of
the date the use of the facility was discontinued or abandoned or
no longer has a valid approval, permit or license or is otherwise
no longer necessary for the provision of adequate coverage and adequate
capacity in the Village by one or more of the service providers. The
applicant will also acknowledge in this notification the requirement
to remove the facility and set forth the plans for its removal.
(3)
The owner and/or applicant shall provide to the satisfaction of the
Village a written agreement suitable for filing with the Nassau County
Clerk to ensure the dismantling, removal and restoration of an abandoned
wireless telecommunication service facilities or portion thereof.
Compliance with the requirements of removal as set forth herein shall
be secured by a bond or cash deposit posted by the applicant in an
amount and for a duration determined to be adequate by the Board of
Trustees.
(4)
In the event that such facility or portion thereof is not completely
removed from the property within the required time, the Village shall
be authorized to cause such removal and be reimbursed for all expenses
incurred, including reasonable attorney's fees which cost shall be
assessed against the property.
Q.
Performance security. The applicant and the owner of record of any
proposed wireless telecommunication service facilities property site
shall, at its cost and expense, be jointly required to execute and
file with the Village a bond, or other form of security acceptable
to the Village as to type of security and the form and manner of execution,
in an amount to be determined by the Board of Trustees but not less
than $75,000 and with such sureties as are deemed sufficient by the
Village to assure the faithful performance of the terms and conditions
of this section and conditions of any special use permit issued pursuant
to this section. The full amount of the bond or security shall remain
in full force and effect throughout the term of the permit and/or
until any necessary site restoration is completed to restore the site
to a condition comparable to that which existed prior to the issuance
of the original use permit.
R.
Operational characteristics.
(1)
Unless otherwise superseded by the Federal Communications Commission
(FCC), the design and use of the proposed wireless telecommunication
service facilities, 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 in accordance with FCC Office of Engineering
and Technology Bulletin 65, as amended.
(2)
The Board of Trustees shall require annual certification of conformance
with the applicable emissions standards and the requirement and conditions
of approval.
(3)
Certification shall also be required prior to any modification of
the wireless telecommunication service facilities, at any time the
Building Inspector suspects such modification has been made, or upon
modification of the FCC standards.
(4)
The Board of Trustees shall hire a qualified professional of its
choice to review and confirm such initial and annual certification
report, the cost of which shall be reimbursed by the applicant.
(5)
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 Building Zone Ordinance
or the conditions of the special permit approval shall be deemed to
be an offense punishable by fine and/or imprisonment in accordance
with this Building Zone Ordinance.
S.
Noise. Noise-producing equipment shall be sited and/or insulated
to minimize, to the maximum extent practicable, any increase in noise
above ambient levels as measured at the property line.
T.
Utility service. All utility device lines extended to the wireless
telecommunication service facilities site shall be installed underground.
U.
Safety provisions. Wireless telecommunication service facilities
shall be designed and erected so that in the event of structural failure,
it will fall within the required setback area and, to the maximum
extent possible, away from adjacent development. No new structure
shall be permitted which would be classified by the FAA Regulations
as an obstruction or hazard.
V.
Insurance and indemnification.
(1)
The property owner and applicant, if leased, shall indemnify, defend,
protect and hold harmless the Village, its board members, officers,
employees and agents from and against any and all claims, demands,
losses, damages, liabilities, fines, charges, penalties, administrative
and judicial proceedings and orders, judgements, remedial actions
of any kind, all costs and cleanup actions of any kind, and all costs
and expenses incurred in connection therewith, including reasonable
attorney's fees and the costs of defense, directly or proximately
resulting from activities undertaken pursuant to the use and operation
of any approved wireless telecommunication service facilities.
(2)
The owner and applicant shall obtain and maintain at all times insurance
of an appropriate type and amount from an insurer licensed and authorized
in the State of New York meeting the requirement of the Village Board
of Trustees and the Village Attorney.
W.
Security provisions. A security program shall be formulated and implemented
for the site of wireless telecommunication service facilities. Such
program shall include physical features such as fencing, anti-climbing
devices or elevating ladders on monopoles or other approved structure
and/or monitoring either by staff or electronic devices to prevent
unauthorized access and vandalism as required by the Board of Trustees.
X.
Structural inspection and report. An approved wireless telecommunication
services facility shall be inspected by a licensed professional engineer
every five years at the expense of the service. If at any time upon
a determination by the Building Inspector that the approved structure
may have sustained structural damage or is in violation of the conditions
of approval, the Village may require reinspection. A copy of the inspection
report shall be submitted to the Building Inspector.
Y.
Emergency plan. An emergency action plan shall be formulated and
implemented for the site of wireless telecommunication service facilities,
to the satisfaction of the Board of Trustees and local emergency services
to the Village of Roslyn Harbor. Such plan shall include identification
of all appropriate features and considerations of each facility, appropriate
training of local police, fire and ambulance service providers, and
appropriate provisions for notification of the public in the event
of an emergency, to the satisfaction of the Board of Trustees and
the local providers of emergency services to the Village of Roslyn
Harbor.
Z.
For purposes of this Code, the term "wireless telecommunication service
facilities," should also include the term "telecommunication towers."
A.
A statement setting forth the need and purpose of
the substation or detention basin shall be filed along with the application
for a utility substation or detention basin.
B.
Proof shall be furnished to the approving agency that
the proposed substation or detention basin in a specific location
is necessary and convenient for the efficiency of the utility system
or the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located;
further provided that the design of any building or structure in connection
with such facility conforms to the general character of the district
and will in no way adversely affect the safe and comfortable enjoyment
of property rights of the district in which it is located and that
adequate and attractive screening, buffering, protective fencing,
gates, and other safety devices will be provided and will be periodically
maintained.
C.
The dimensional requirements for utility substations
or detention basins shall conform to those of the district in which
the use is to be located, except, however, that the approving agency
shall have the discretion to increase the minimum dimensional requirements
or decrease the maximum dimensional requirements of the district in
which such a use is located as necessary to protect the safety of
the residents and the character of the district in which such a use
is located.
D.
All such uses shall comply with all federal, state,
county and Village codes and ordinances and shall be equipped with
all safety devices and protective measures as required by the appropriate
building and fire codes.
E.
The height of structural towers or pylons shall be
the minimum necessary to safely accommodate electric transmission
lines. The routing of such lines shall be planned to cause the least
visual and other disturbance to the built and natural environment
in the Village.
[Amended 12-9-2013 by L.L. No. 2-2013]
A.
Such use shall only be permitted where such property
within the Village is adjacent to and held in common ownership with
a parcel of property located outside the boundaries of the Village
in the unincorporated area of the Town of North Hempstead (the "outparcel"),
when such outparcel has as its only use the operation of a catering
and/or restaurant facility.
B.
For the purposes of this section, the term "restaurant"
shall not include a nightclub, cabaret or other similar use which
provides for eating and/or drinking and also provides, as a principal
component, nonincidental music or other live or electronic entertainment
for the general public.
C.
The following criteria shall be met:
(1)
The off-street parking in the Village of Roslyn Harbor
is required in order to alleviate an on-street parking problem;
(2)
It is not feasible to provide the necessary off-street
parking outside the Village boundaries;
(3)
Permitting the off-street parking will enhance and
improve the quiet and enjoyment of adjoining property owners and diminish
or alleviate an existing adverse impact upon said adjoining property
owners and the neighborhood;
(4)
Site plans submitted demonstrate maximum screening
and protection of the surrounding residential area feasible from both
the property located in the Village and the outparcel;
(5)
No other practical alternative exists; and
(6)
The granting of a special use permit shall not otherwise
be detrimental to the general health, safety or welfare of the Village
or its residents.
D.
In granting an application, the Board of Trustees may impose such
additional terms and conditions as it deems necessary or appropriate.
[Amended 1-8-2019 by L.L.
No. 1-2019]
A.
Notwithstanding any of the setback requirements in this chapter,
such sports courts shall not be located closer than 25 feet to the
nearest side or rear property line.
B.
Covers or enclosures over a sports court are strictly prohibited.
C.
All sports courts shall be screened from adjoining properties. The
type and extent of screening shall be determined by the Board to provide
for visual and noise reduction as otherwise required by this chapter.
Said screening shall be installed and maintained so long as the sports
court remains in existence.
D.
The height of the playing surface of the sports court shall not be
above the existing mean level of the ground immediately surrounding
the sports court area prior to construction of the court, except to
allow for surface drainage.
E.
No sports court shall be constructed or maintained so as to permit
any drainage water to flow onto adjoining properties.
F.
The use of lights to illuminate the sports court after dark is prohibited.
G.
The use of a sports court before 8:00 a.m. or after sunset is prohibited.
[Added 3-21-2007 by L.L. No. 3-2007]
A.
The total square footage of such living quarters shall
not exceed 10% of the total square footage of buildings on the premises
constituting the principal use.
B.
Such living quarters shall be designed and furnished
so as to be in conformity with all local, state and federal firesafety
and prevention regulations.
C.
The maximum capacity of occupants for such living
quarters shall not exceed the number specified by the designated code
enforcement official.
D.
Such living quarters shall be permitted for occupancy
only by employees of the private recreational club, as part of their
compensation, who shall be provided with access to and use of space
within the living quarters.
E.
The design of areas devoted to such living quarters
shall adhere to all other requirements for accessory structures in
the district.
F.
Any space devoted to living quarters shall be provided
with adequate utilities, including sewage disposal systems, approved
by the Nassau County Department of Health.
G.
No cooking shall occur within such living quarters,
nor shall any such living facilities contain any cooking facilities
of any kind.
H.
All buildings, structures or portions thereof comprising
such living quarters shall conform to all applicable laws, regulations
and local laws relating to the construction, operation and maintenance
of living quarters.
I.
All employees occupying such living quarters shall
be at least 16 years of age and, if younger than 18 years of age,
in possession of either the New York State Department of Labor Student
General Employment Certificate, AT-19, or the Full-Time Employment
Certificate, AT-20.
J.
All certificates required to maintain the living quarters
shall be posted in a conspicuous location in or in close proximity
to the area designated as living quarters.
K.
The premises and the building containing the sleeping
quarters shall be open and available for inspection in order to monitor
continuing compliance with any conditions contained in the special
permit and with applicable law.
L.
In granting an application, the Board of Trustees
may impose such additional terms and conditions as it deems necessary
or appropriate.
