A.
Residential districts.
(1)
A garage where no service or business for vehicles
is carried on shall be permitted as an accessory use only when on
the same lot with a dwelling in a residential district.
(2)
In residential districts no premises shall provide
garage or storage space for more than three passenger vehicles not
used for commercial purposes, except that a light delivery or pickup
truck or other commercial vehicle having a rated capacity of not over
1/2 ton may be stored in any such garage in lieu of the third passenger
vehicle, provided that such commercial vehicle is owned and operated
by the owner or tenant of such premises or a member of his or her
immediate family.
(3)
In a residential district no part of any garage or
accessory building shall be nearer to the front street line than 60
feet, except that on a corner lot no such garage or accessory building
shall be nearer to the street line than the maximum setback distance
of the wall of the dwellings facing the street from said street, nor
shall any garage or accessory building be nearer to any side or rear
lot line than three feet.
B.
Business districts.
(1)
In a business district a public garage shall be permitted.
No automobile commercial work shall be carried on out of doors.
(2)
A sales room where motor vehicles are kept for sale
or demonstration purposes and when no gasoline or oil is stored on
the premises shall be permitted in a business district.
(3)
Garage entrances. No public or private garage for
more than five motor vehicles shall have an entrance or exit for motor
vehicles within 50 feet of a residential district.
C.
Generally. In any district no building, pump or other
apparatus for the furnishing or dispensing of gasoline, oil, air or
water to motor vehicles shall be altered, erected or installed unless
the same is so located and equipped that it may be operated and used
wholly inside of the property line of the premises on which the same
may be erected and not in any portion of any public street, avenue,
road or highway.
D.
Motor vehicle repair shops. A motor vehicle repair
shop shall not be permitted in a business district unless the plans
for such use shall have been submitted to the Board of Trustees and
the approval of the Board obtained. The Board of Trustees, in passing
upon the request for approval, may consider the type of machinery
and equipment to be used and the methods of operation to be employed.
The Board of Trustees shall not approve plans for such operations
that in its judgment will produce excessive noise or endanger public
safety. Plans for the structural alteration of motor vehicle repair
shops shall be approved by the Board of Trustees. The Board of Trustees
may require such change therein in relation to yards, buildings and
construction of buildings as it may deem best suited to ensure safety,
to minimize traffic difficulties and to safeguard adjacent properties.[1]
[1]
Editor's Note: Original § 30.32,
Off-street parking, which immediately followed this subsection, was
deleted 9-16-1996 by L.L. No. 2-1996.
A.
Business or industrial uses adjacent to schools and
churches. In any district no business or industry shall be maintained
within 200 feet of any school or church constructed and maintained
as such when any such business or industry may, as an incident thereto,
give forth or produce any noise, sound or offensive odors which may
interfere with, interrupt or otherwise impede the uses of such school
or church building or the maintenance or conducting of classes or
services in connection therewith or as an incident thereto.
B.
Keeping of animals and fowl.[1] The keeping of sheep, pigs, goats, reptiles or other domestic
or wild animals, chickens, turkeys, pigeons and other fowls, both
domestic and wild, shall not be permitted in any district within the
Village, nor shall the construction, erection or maintenance of any
chicken house, coop, pen or yard or any such house, coop, pen or yard
for any such animal, pigeon, reptile or other fowl be permitted. Nothing
herein contained, however, shall prohibit the keeping of not more
than two adult dogs or two adult cats (such cats being of the felis
catus variety or commonly accepted house cats and not of a variety
that may have been wild but subsequently domesticated) or of one such
dog and one such cat, provided that such dogs are properly licensed
and provided further that such dogs and such cats are housed in the
main dwelling of the owner of such animals. For the purpose of this
section, any such dog or cat over the age of six months shall be considered
an adult dog or an adult cat.
[Amended 7-18-1977 by L.L. No. 8-1977]
C.
Height restrictions for fences.
[Amended 7-20-1981 by L.L. No. 5-1981; 3-18-1991 by L.L. No. 4-1991]
(1)
Residential districts.
[Amended 1-28-2019 by L.L. No. 1-2019]
(a)
No fence shall be constructed or maintained where such fence
has a height of more than four feet, except that a fence of not more
than six feet may be constructed or maintained in that area from the
original rear line of the dwelling to the rear property line and the
entire width and breadth of the rear property line.
(b)
On a corner lot, a special permit may be granted for construction
or maintenance of a fence in excess of four feet and not more than
six feet, where the Building Inspector determines that a) no portion
of the fence is closer than two feet off the sidewalk; b) any gate
in the fence must open into the property and shall not exit out from
the property; c) if there is an established parking area with a driveway
or a detached garage with a driveway for storage of personal property
or for a motor vehicle, one end of the fence must be at no less than
a forty-five-degree angle to the driveway and the other end of the
fence must be no less than eight feet from the sidewalk; d) the fence
shall not be go beyond the rear portion of the dwelling on the property;
and e) the sight line from the driveway for oncoming traffic shall
not be obstructed. On a corner lot, the rear yard is established by
the required twenty-foot setback. The proper location of a fence under
this subsection shall be as illustrated in the diagram in Appendix
D.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Business and light industry districts. No fence shall
be constructed or maintained where such fence has a height of more
than six feet, except that where a parcel of property in a residential
district abuts upon property in a business or light industry district
and such property is used for business or light industry, then and
in such event the owner of the property in the business or light industry
district shall erect a stockade fence having a height of six feet
along such boundary between the residential district and the business
or light industry district.
(3)
All districts. On corner lots, no fence, shrubbery
or other obstruction shall be more than three feet in height for a
distance of at least 25 feet from the intersection of the curblines
of the intersecting streets.
[Amended 7-19-1999 by L.L. No. 1-1999]
(4)
Preexisting and nonconforming fences.
(a)
An owner of a corner lot on which there presently exists a fence exceeding four feet in height shall be required to make application to the Board of Appeals for review and approval of such fence in accordance with the standards set forth in Subsection C(1). Such application shall be made no later than April 1, 1992, and no fees shall be charged to the applicant. In the event that the Board of Appeals requires the removal or modification of such fence, then the owner shall so remove or modify the fence within five years from the date of the Board of Appeals determination.
(b)
All other fences presently existing and not conforming with the provisions of this Subsection C shall be removed or modified to conform herewith within five years following adoption of this subsection, it being the intention of this subsection to fix the discontinuance and subsequent conformity to the provisions hereof within a period of time permitting the owners of such fences the amortization of investment for the construction of such fences prior to the adoption hereof, unless an extension of time is granted by the Board of Appeals subject to such safeguards and conditions as it may deem proper.
D.
Substandard or portable structures. No automobile,
automobile trailer, mobile home, cart, vehicle or other structure
or object not constructed, erected or maintained pursuant to the State
Uniform Fire Prevention and Building Code and for which a certificate
of occupancy has been duly issued therefor shall be used for living
accommodations or living quarters, nor shall any person or persons
be permitted to sleep or bathe in any such building, automobile trailer,
cart, vehicle or other structure.
E.
Storage of automobiles and other vehicles. No automobile,
automobile trailer, mobile home or other vehicle required to be licensed
by the Motor Vehicle Bureau of the State of New York for the use thereof
upon the public highways in the State of New York shall be kept, stored
or remain on any property in any of the districts within this Village
when there is not securely attached and affixed to such automobile,
automobile trailer or other vehicle a license issued by the Commissioner
of the Bureau of Motor Vehicles of the State of New York for the use
and operation thereof for the then-current year, except when the keeping
and storing of any such vehicle shall be incident to or in connection
with the business or industry then being conducted upon any such property.
In no event shall any such motor vehicle, automobile, automobile trailer
or other vehicle remain upon any property within any district within
this Village when such motor vehicle, automobile, automobile trailer
or other vehicle has been so dismantled or the parts removed therefrom
so that such motor vehicle, automobile, automobile trailer or other
vehicle may be incapable of operation or use for a period of 30 continuous
days.
F.
Use of cellar or basement for sleeping quarters. No
cellar or basement in any building or structure shall be used as a
bedroom or as sleeping quarters or sleeping accommodations.
G.
Storage of automobiles and parts. No automobile, truck,
tractor or trailer or other piece of automotive equipment or apparatus
shall be stored on any open or vacant land and not properly housed
in any district within the Village, and in no event shall any such
automobile, truck, tractor or trailer or other piece of automotive
equipment or apparatus be stored outside of a structure authorized
therefor upon any gasoline station property established prior to the
enactment of this chapter which is hereby declared to be a nonconforming
use nor upon any other property that may have a nonconforming use
thereon at the time of the enactment of this chapter.
H.
Games of skill. No establishment or premises whose
primary or incidental use is the playing therein of any gaming device
or apparatus of the type, design, class or construction commonly known
as "pinball," "bagatelle," "pong" or any other similar game of skill
shall be maintained in the Village of Williston Park. Nothing contained
herein, however, shall prohibit any premises or establishment from
keeping therein no more than two such games.
[Added 2-22-1977 by L.L. No. 2-1977]
I.
Kitchens. With the exception of a multiple dwelling, a temporary two-family dwelling having a special exception permit issued by the Board of Appeals pursuant to § 230-16 and a legal preexisting two-family dwelling, as defined in this chapter, no kitchen shall be located above the first floor of a dwelling. Notwithstanding the foregoing, however, nothing herein contained shall be deemed to legalize any kitchen heretofore installed or maintained in a dwelling without a plumbing permit having been issued therefor.
[Added 11-17-1986 by L.L. No. 12-1986]
J.
Parking in front yards. No automobile or any other
motor vehicle and motorcycles shall be parked or left standing on
any portion of the front yard of any property in the Village of Williston
Park except upon that portion of the front yard covered by a driveway.
For purposes of this subsection, a "driveway" shall mean the path
leading directly from the street to a garage, exclusive of the sidewalk,
and shall not include slabs, chevrons or aprons built to the side
of the driveway. It is the intention that in the event that there
is no garage on the premises, the driveway shall mean only that portion
of the front yard along the side lot line of the premises designated
for the parking of motor vehicles, but excluding that area of the
front yard situated between the street line and front line of the
building, except for existing circular driveways having two curb cuts.
[Added 12-21-1987 by L.L. No. 8-1987]
K.
Porches. No covered or uncovered porch, exceeding three feet in height
above grade or more than one story, may project more than six feet
past the front line of a building or be located so that the space
between that porch or terrace and the street line is less than 10
feet.
[Added 1-19-2016 by L.L.
No. 1-2016]
The lawful use of any building or land existing
at the time of the enactment or amendment of this chapter may be continued
although such use does not conform to the provisions of this chapter.
B.
Alterations. A nonconforming building may not be reconstructed
or structurally altered during its life to an extent exceeding in
aggregate cost 50% of the then replacement value of the building unless
said building is changed to a conforming use.
C.
Extension. A nonconforming use shall not be extended,
but the extension of a lawful use to any portion of a nonconforming
building which existed prior to the enactment or amendment of this
chapter shall not be deemed the extension of such nonconforming use.
D.
Construction approved prior to chapter. Nothing herein
contained shall require any change in plans, construction or designated
use of a building for which a building permit has been heretofore
issued and the construction of which shall have been diligently prosecuted
within three months of the date of such permit and the ground story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of the permit and which
entire building shall be completed according to such plans as filed
within one year from the date of this chapter.
E.
Restoration. No building damaged by fire or other
causes to the extent of more than 50% of its assessed value shall
be repaired or rebuilt except in conformity with the regulations of
this chapter.
F.
Abandonment. Whenever a nonconforming use has been
discontinued for a period of one year, such use shall not thereafter
be reestablished, and any future use shall be in conformity with the
provisions of this chapter.
G.
Changes. Once changed to a conforming use no building
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to a use of the same or higher classification,
and when so changed to a higher classification such use thereafter
shall not be changed to a lower classification.
H.
Displacement. No nonconforming use shall be extended
to displace a conforming use.
I.
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein.
J.
Gasoline service or filling stations.[3] Notwithstanding the provisions of Subsections B and C of this section, the Board of Trustees may, after public notice and hearing, grant a special permit for the reconstruction, modernization, alteration or improvement of a nonconforming gasoline service station as hereinafter provided.
(1)
An application for a special permit under this subsection
shall set forth the name and address of the applicant, of the owner
and of any mortgagees to the premises, shall describe the subject
premises by street address and section, block and lot number, shall
describe the present use of the premises and the type of activities
carried on in the premises and shall describe in detail the proposed
reconstruction, modernization, alteration or improvement, including
a detailed statement of the uses and activities to be made of the
premises should the permit be granted.
(2)
The application shall be accompanied by detailed plans
and specifications for all buildings and structures to be erected
upon the premises above and below the ground, by a survey of the premises
prepared by a licensed surveyor dated within 30 days of the application
showing the precise location of all structures on the property at
the time of the application and by a detailed site plan showing the
proposed location of all buildings and other structures and equipment,
curb cuts, pump locations, sign locations, planting areas, fencing
and any other pertinent information relating to the proposed reconstruction,
modernization, alteration or improvement.
(3)
The application shall be accompanied by a filing fee and deposit as provided in Chapter 93, Fees, to be used by the Village to defray the costs and expenses of the Village in processing and reviewing the application, including but not limited to the cost of minutes, of experts, including legal, engineering and others, and the costs of publication. Any excess of the deposit remaining after payment of the Village's expenses shall be refunded to the applicant upon application therefor within 30 days after the filing of the Village's decision on the application.
(4)
The Board may not grant the application for the special
permit unless it finds that:
(a)
The proposed reconstruction, modernization,
alteration or improvement is of such character, size, location, design
and site layout as to be appropriate to and in harmony with the neighborhood
and the overall plan of the Village.
(b)
The use of the premises as a gasoline station
will provide a necessary service, facility and convenience to the
community and will otherwise contribute to the proper growth and development
of the community and to its general welfare.
(c)
The continued use of the premises as modified
by the permit as a gasoline service station will not create a hazard
or be otherwise detrimental to the immediate neighborhood or community
as a whole; and
(d)
The granting of the permit will be consistent
with the use of the subject and surrounding properties, will promote
the public health, safety and general welfare and will not impair
the value of other properties in the neighborhood nor hinder nor discourage
their appropriate use and development.
(5)
In granting the permit, the Board of Trustees may
impose such conditions concerning the hours of operation, lighting
of the premises, fencing, screening, buffer areas, requirements as
to cleanup of the premises, use of the premises, parking of vehicles
and any other aspects of the operation of gasoline service stations
as shall be suitable in order to preserve property values and the
comfort and convenience of the neighborhood.
(6)
No certificate of occupancy shall be granted for any
gasoline service station which has been granted a permit under this
subsection until all of the conditions set forth in the resolution
of the Board of Trustees granting such permit shall have been fully
complied with and all construction work has been completed in full
compliance with the plans, specifications and site plan which were
submitted to the Board of Trustees and approved by it.
(7)
The violation of any of the conditions imposed by
the Board of Trustees in its resolution granting the special permit,
if not corrected within 10 days after a written notice of the violation
has been served personally or by mail on the applicant and occupant
of the premises, shall constitute sufficient grounds for cancellation
of the special permit and revocation of the certificate of occupancy
issued thereunder.
K.
Extensions and alterations of dwellings on nonconforming
lots. Anything in this section to the contrary notwithstanding, a
dwelling in the Residence A District or Residence B District which
occupies a lot having less than the minimum size required for said
lot may be altered, extended or enlarged, provided that such alteration,
extension or enlargement complies with the height, side yard, rear
yard, front yard and building coverage requirements then in effect
at the time of such improvement.
[Added 4-4-1988 by L.L. No. 3-1988]
A.
Application of section. No outdoor swimming pool shall
be constructed, erected or maintained in the Village of Williston
Park except in conformity with this chapter of the Municipal Code
and all applicable state laws, rules and regulations.
[Amended 6-16-2008 by L.L. No. 4-2008]
B.
SWIMMING POOL or POOL
Definitions.
[Amended 6-16-2008 by L.L. No. 4-2008]
As used in this chapter, any structure intended for swimming
or recreational bathing capable of containing water over 24 inches
(610 mm) deep. This includes in-ground, aboveground and on-ground
swimming pools, hot tubs and spas.
C.
D.
Permit required.
[Added 6-16-2008 by L.L. No. 4-2008]
(1)
Special exception permit required.
(a)
Belowground or partially recessed swimming pools
may be erected or maintained in any district only as accessory to
a dwelling for the private use of the owners or occupants of such
dwelling and their family and guests and only when permitted as a
special exception by the Board of Trustees after public hearing in
compliance with the provisions of this chapter. An application for
such special exception permit shall be on such form as may be furnished
by the Village and shall be accompanied by complete plans and specifications
of the pool and the location of the proposed swimming pool on the
premises, the plan for the provision and disposal of water, the type
and location of fencing and a survey or map showing the location thereof
with respect to the boundary lines of the land of the applicant. Specifications
for the pool shall show detailed plans as to the construction of the
pool and all appurtenances and shall show vertical elevations. Permits
may be issued only upon application of the owner of the land or his
or her agent duly authorized in writing to make such application.
Application shall be accompanied by a permit fee established by resolution
of the Board of Trustees.
(b)
Required findings. The Board of Trustees may
not grant the application for the special permit unless it finds that
the proposed use and construction are appropriate to and in harmony
with the neighborhood and the overall plan of the Village; that the
swimming pool facility will be used exclusively by the applicant,
his or her family and guests; and that the granting of the permit
will be consistent with the use of the subject and surrounding properties,
will promote the public health, safety and general welfare and will
not impair the value of other properties in the neighborhood nor hinder
nor discourage their appropriate use and development.
(2)
Aboveground pool permit required. Aboveground swimming
pools may be erected or maintained in any district in compliance with
the requirements of this chapter only if an aboveground pool permit
has been issued by the Building Inspector following an inspection
of any aboveground pool for complete compliance with all applicable
safety and Code requirements. Permits may be issued only upon application
of the owner of the land or his or her agent duly authorized in writing
to make such application. Application shall be accompanied by a permit
fee established by resolution of the Board of Trustees.
E.
Conditions for installation and maintenance. No swimming
pool shall be installed or maintained unless the following requirements
are met:
(1)
Such pool is installed in the rear yard of the premises.
(2)
Fence required. All pools shall be completely enclosed
by a fence, and all fence openings or points of entry into the pool
area of enclosure shall be equipped with a gate or gates. Fences and
gates shall be constructed of a durable material, such as wire mesh,
vertical cedar poles or a material to be approved by the Building
Inspector. In no case may the material used have an aperture or opening
exceeding four inches in a horizontal direction. All gates shall be
equipped with self-closing and self-latching devices placed at the
top of the gates, and all gates shall be locked whenever the pool
is unattended. Said fence and gate or gates shall be four feet in
height above the grade level.
(3)
Setback requirements. Such pool shall not be erected
closer than four feet to the rear and side property lines of the premises
or, in the case of a corner lot, closer than 10 feet to any property
line along an abutting street.
(4)
Area limited. Such pool shall not occupy more than
40% of the area of the rear yard, excluding all garages or other accessory
structures located in such area.
(5)
Water disposal. All water either overflowing or emptying
from the pool shall be disposed of on the owner's land, and plans
submitted shall show provisions made to prevent such water from flowing
on the land of any adjoining property owner or into any abutting street.
(6)
Lights. All lights used to illuminate the pool or
pool area shall be shielded so as to prevent their shining on the
property of any adjacent property owner.
(7)
Size and location. All pools shall comply with the
requirements of this chapter relating to their accessory buildings,
except that the lot area occupied by such pool shall not be included
in computing the percentage of lot area which may be built upon.
F.
Application for permit. An application for a special
permit under this section shall set forth the name of the owner of
the premises, shall describe the subject premises by street address
and by section, block and lot number and shall describe the present
use of the premises.
[Amended 7-19-1999 by L.L. No. 1-1999]
(1)
The application shall be accompanied by detailed plans
and specifications for the proposed swimming pool. Said plans and
drawings shall show all lot lines and shall indicate the location
of the proposed swimming pool on the premises. There shall be included
also information pertinent to the pool, fence construction, water
supply system, drainage and water disposal system. Specifications
for the pool shall show detailed plans as to the construction of the
pool and all appurtenances and shall show vertical elevations.
G.
Required findings. The Board of Trustees may not grant
the application for the special permit unless it finds that the proposed
use and construction are appropriate to and in harmony with the neighborhood
and the overall plan of the Village; that the swimming pool facility
will be used exclusively by the applicant, his or her family and guests;
and that the granting of the permit will be consistent with the use
of the subject and surrounding properties, will promote the public
health, safety and general welfare and will not impair the value of
other properties in the neighborhood nor hinder nor discourage their
appropriate use and development.
H.
Portable swimming pools.
(1)
Definition. A "portable swimming pool" for the purpose
of this chapter is hereby defined as a receptacle for water, collapsible
or noncollapsible, which is capable of holding water to a depth at
any point of less than three feet, designed or intended for the purpose
of bathing or swimming.
(2)
Regulations relating to portable swimming pools. No
portable swimming pool shall be assembled, maintained or used unless:
(a)
Such pool is located in the rear yard of the
premises, but not less than two feet from any property line.
(b)
Such pool is provided with a cover, made of
material of adequate strength, capable of covering the entire exposed
water area of the pool and of being securely fastened; provided, however,
that the foregoing shall not be applicable if the pool shall be completely
surrounded by a fence which meets all the requirements of Subsection
C(2) of this section.
(c)
When such pool is not in actual use or is unattended
by a responsible adult, then, as the case may be, the cover of such
pool shall be securely fastened in place, and all ladders and other
items of access shall be removed or retracted and placed in an area
not readily accessible to children.
(d)
Any outdoor lighting in connection with the
swimming pool is such that the glare therefrom does not constitute
a nuisance to any neighboring householder.
[Added 10-21-2002 by L.L. No. 4-2002]
A.
Legislative intent. The Board of Trustees of the Village
of Williston Park determines that it is in the best interest of its
residents to establish regulations and standards for the siting, installation
and safe use of telecommunications facilities, as hereinafter defined.
This section recognizes the requirements of the Federal Telecommunications
Act of 1996, as well as the rights and responsibilities of both communications
providers and local governments under the Act, and is not intended
to prohibit or have the effect of prohibiting adequate communications
services as set out in the Act.
B.
Purpose and objectives. The Village recognizes the
demand for wireless communications transmission systems and the need
for the services they provide. At the same time, the proliferation
of the construction and installation of communications equipment,
pole-mounted radio towers and other similar equipment and devices
must be reasonably regulated in order to protect the health, safety
and welfare of the citizens of Williston Park and to preserve the
aesthetic qualities of the Village of Williston Park and its neighbors.
The purpose of this section is to regulate, to the fullest extent
reasonably permitted under federal and state laws, rules and regulations,
the siting, location, construction and maintenance of telecommunications
facilities in the Village of Williston Park 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 telecommunications
facilities and protect the natural features, aesthetics and residential
character of the Village by careful siting, design, buffering and
screening of telecommunications facilities.
(3)
Limit the total number of telecommunications
facilities to be constructed in the Village to the minimum number
necessary to provide adequate coverage to the Village.
(4)
Maximize the use of any proposed site by encouraging
collocation and multiple use of telecommunications facilities to the
extent reasonably permissible.
(5)
Encourage the siting of telecommunications facilities
on existing or other planned or approved communications towers, and/or
the use of alternative technologies, which eliminate the need for
new or additional telecommunications facilities in the Village of
Williston Park.
C.
ACCESSORY FACILITY
ANTENNA
COLLOCATED ANTENNA
COLLOCATION
COMMUNICATIONS TOWER
EMF
ENGINEER
EPA
FAA
FACILITY
FCC
GUYED TOWER
NIER
ONE-HUNDRED-PERCENT-CLEAR ZONE
PROPAGATION STUDY
SELF-SUPPORTED TOWER
SMALL WIRELESS FACILITIES
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(c)
(4)
(5)
(6)
TELECOMMUNICATIONS FACILITY
Definitions. As used in this section, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Accessory buildings or structures, including base stations,
designed and used to shelter equipment and/or to support telecommunications
facilities. Excluded are offices, long-term storage of vehicles and
other equipment, or broadcast studios.
The actual device which transmits and/or receives radio or
electromagnetic waves.
Two or more antennas, which utilize the same existing towers,
buildings or structures.
As to small wireless facilities, means mounting or installing
an antenna for a small wireless facility on a preexisting structure
and/or modifying an existing structure for the purpose of mounting
or installing an antenna for a small wireless facility on that structure.
[Added 4-1-2019 by L.L.
No. 4-2019]
A monopole, guyed tower or self-supported tower, constructed
as a freestanding structure or in connection with a building or other
permanent structure or equipment, capable of containing or intended
for the use of one or more antennas for transmitting and/or receiving
radio, television, digital, telephone, cellular, microwave or other
similar electronic communications.
Electromagnetic field.
An engineer licensed by the State of New York.
United States Environmental Protection Agency.
Federal Aviation Administration.
A structure that is used for the provision of personal wireless
service, whether such service is provided on a stand-alone basis or
commingled with other wireless communications services.
[Added 4-1-2019 by L.L.
No. 4-2019]
Federal Communications Commission.
A communications tower consisting of a single pole constructed
with guy wires and ground anchors.
Nonionizing electromagnetic radiation.
The area where, in the event of a tower failure, the entire
height of the tower would fall completely within the boundaries of
the property in which it is located.
A study which demonstrates the existing signal coverage and
the signal coverage resulting from the proposed communications facility.
A communications tower, other than a monopole, that is constructed
without guy wires and ground anchors.
Facilities that meet the following criteria:
[Added 4-1-2019 by L.L.
No. 4-2019]
The facilities:
Are mounted on structures 50 feet or less in height, including
their antennas;
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10% whichever is
greater.
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume.
The provisions in § 230-14.1I(3) and (4) shall not apply, and there shall be no required minimum spacing between structures; however:
The spacing and location of the structures shall be such as
to minimize the aesthetic impact upon nearby residential dwellings,
taking into account property lines, driveways, topography, sight lines,
water views, and existing landscaping.
New small wireless facilities shall be placed on existing structures
with existing small wireless facilities to the extent feasible, so
long as the collocation does not have a material adverse aesthetic
impact on nearby residential dwellings from the multiplicity of facilities
and associated equipment.
If such new small wireless facilities are not to be placed on
existing structures with existing small wireless facilities, they
shall be placed on other existing structures to the extent feasible,
so long as the location does not have a material adverse aesthetic
impact on nearby residential dwellings.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment of the structure, is no more than
28 cubic feet in volume.
The facilities do not require antenna structure registration
pursuant to the rules adopted from time to time by the Federal Communications
Commission.
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards adopted from
time to time by the Federal Communications Commission.
Communications towers, antenna(s), satellite systems and
accessory facilities used together in connection with the provisions
of wireless communications service, personal communications services,
paging services, radio or television broadcast services, and similar
wireless or cellular systems.
D.
Not essential services. Towers and antennas shall
be regulated and permitted pursuant to this section and shall not
be regulated or permitted as essential services, public utilities
or private utilities.
E.
Special use permit required. No telecommunications
facility shall be erected, maintained or permitted on any lot, building,
structure or land area in the Village of Williston Park unless a written
application for a special use permit shall be made to and approved
by the Board of Trustees in conformity with the requirements of this
section and all other applicable regulations.
F.
Requirements to obtain a special use permit. Every
application for a special use permit shall contain the documents in
the form, content and number as set forth in Appendix C of this chapter.[1] Such application shall also include the following:
(1)
Site plan, in form and content acceptable to
the Village, prepared to scale (no greater than one inch equals 20
feet) and in sufficient detail and accuracy showing, at a minimum:
(a)
The exact location of the proposed tower and/or
antenna, and any accessory facilities.
(b)
The maximum height of the proposed tower and/or
antenna.
(c)
Construction drawings and sketches sufficient
to allow the Village Engineer or other Village experts to determine
the structural safety and suitability of said proposed construction.
(d)
The color(s) of the tower and/or antenna.
(e)
The location, type and intensity of lighting,
if any, proposed to be located on the tower.
(f)
The location of all structures within one-hundred-percent-clear
zone along with the distance to those structures.
(g)
Building elevations of accessory structures
or facilities.
(h)
The location, nature and extent of any proposed
fencing, landscaping, screening and buffering.
(i)
Proposed parking, paving and lighting and location
of same at the premises upon which the tower is to located.
(2)
"Before" and "after" propagation studies prepared
by a qualified radio frequency (RF) engineer demonstrating existing
signal coverage, contrasted with the proposed signal coverage resulting
from the proposed telecommunications facility. The applicant shall
provide a professional resume for such RF engineer.
(3)
A search ring prepared by a qualified RF engineer
and overlaid on an appropriate background map demonstrating the area
within which the antenna needs to be located in order to provide proper
signal strength and coverage to the target cell. The applicant must
be prepared to explain why it selected the proposed site, discuss
the availability or lack of availability of suitable existing structures
within the search ring, which would have allowed for collocated antenna(s)
elsewhere.
(4)
Evidence of compliance with FCC regulations,
NIER exposure standards and EMF standards.
(5)
Copy of applicant's FCC license.
(6)
An affidavit from the applicant identifying
specific attempts to place a collocated antenna within the search
area and that such efforts were entirely unsuccessful.
(7)
A line-of-sight or visual impact study, as follows:
(a)
Drawings, photographs or computer-generated
graphic representations of the views from 1,000 feet away from north,
south, east and west of all natural and man-made features and structures
within those views, including the proposed tower and other improvements.
(b)
A statement as to the potential visual and aesthetic
impacts of the proposed telecommunications facility on all adjacent
properties, including comments on decreased property values.
(c)
The visual impact analysis shall be prepared
and sealed by an engineer or architect licensed in the State of New
York.
(8)
An engineer's statement from appropriate governmental
agencies that the proposed telecommunications facility will have no
adverse impact on air or surface traffic within 1/2 mile of the tower.
(9)
An engineer's certified statement that the reception
and/or transmission function of the telecommunications facility will
not interfere with the usual and customary transmission or reception
of radio, television, etc., services of neighboring properties.
(10)
Such other additional information, studies,
alternatives and assessments as may be required by the Board of Trustees
to fully review and evaluate the potential impact and location of
the proposed facility.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
G.
Wireless facilities.
[Amended 4-1-2019 by L.L.
No. 4-2019]
(1)
Non-small wireless facilities. As soon as practicable after
a completed application has been filed with the Village, the Board
of Trustees shall schedule a public hearing on the application. The
Board of Trustees shall be the lead agency for the purposes of the
State Environmental Quality Review Act (SEQRA), and it shall conduct
its review as set forth in the SEQRA statute and implementing regulations.
(2)
Small wireless facilities.
(a)
At the discretion of the Board, the Board may conduct a public
hearing.
(b)
The Board shall use its best efforts and due diligence to review
an application to collocate a small wireless facility using an existing
structure within 60 days of its receipt of a complete application.
(c)
The Board shall use its best efforts and due diligence to review
an application to deploy a small wireless facility using a new structure
within 90 days of its receipt of a complete application.
H.
Applicability and required findings. No special use
permit shall be granted unless the applicant demonstrates to the reasonable
satisfaction of the Board of Trustees that no existing use, structure
or alternate technology not requiring new construction can accommodate
the applicant's proposed use and that the application fulfills all
of the purposes and meets all of the standards and requirements of
this section. After completion of the hearing, the Board of Trustees
shall issue a written decision, file the original with the Village
Clerk and notify the applicant by first class mail. In granting a
special use permit, the Board of Trustees may impose conditions and
restrictions that are directly related to and incidental to the proposed
antenna, tower or accessory facility in order to minimize any adverse
effects of the proposed facility. Any denial of a permit shall be
supported by substantial evidence.
I.
Standards and requirements. The following standards
and requirements shall apply to all telecommunications facilities:
(1)
Location. Telecommunications facilities are
expressly prohibited on residentially zoned property that is vacant
or contains a residence and in the Edu-Cultural District. This prohibition
shall not apply to any telecommunications facility located on Village-owned
property.
[Amended 11-16-2020 by L.L. No. 2-2020]
(2)
Height. Notwithstanding the following height
limitations, in no case shall a telecommunications facility exceed
the minimum height reasonably necessary to accomplish the purpose
it is proposed to serve.
(a)
The maximum height of a freestanding telecommunications
facility is limited to 50 feet above the ground upon which it is placed.
The ground elevation may not be raised to increase the height of the
telecommunications facility. Height shall be measured from grade and
shall include the tower itself, the base pad, and any antenna(s) attached
thereto which extend above the top of the tower.
(b)
The height of any telecommunications facility
structurally mounted as part of an existing building or structure
shall not exceed by more than 15 feet the mean roof line of the building
or structure on which such facility is affixed, exclusive of any penthouses
or other structures or utilities located on the roof.
(c)
Accessory facilities, such as equipment storage
sheds or base stations, shall not be located on building roofs.
(d)
Height limitations may be waived by the Board
where the modification is necessary to facilitate collocation in order
to avoid construction of a new tower or to meet coverage requirements
of the applicant's telecommunications system, provided the applicant
establishes, through written technical evidence of an engineer, that
the height of the proposed tower or antenna is the minimum height
required to function satisfactorily, and no tower or antenna that
is taller than such minimum height shall be approved.
(3)
Setbacks.
(a)
Telecommunications facilities shall be set back
on all sides a distance equal to the underlying setback requirement
in the applicable zoning district, provided that towers shall not
be located closer than 100 feet to the nearest residential property
line. In all other cases, towers shall be set back from adjoining
properties a distance equal to at least the height of such tower.
(b)
Setback requirements for towers shall be measured
from the base of the tower to the property line.
(c)
Notwithstanding the foregoing, the setback may
be reduced, in the sole discretion of the Board of Trustees, to allow
the integration of a telecommunications facility into an existing
or proposed building or structure.
(d)
It shall be demonstrated to the satisfaction
of the Board of Trustees that the proposed telecommunications facility
is set back adequately to prevent damage or injury resulting from
icefall or debris resulting from failure of a telecommunications facility
or any part thereof, and to avoid and minimize all other impacts upon
adjoining properties.
(4)
Separation requirements.
(a)
No more than one telecommunications facility
shall be permitted on any parcel of land. No more than one telecommunications
facility shall be permitted upon any building, except for collocated
antennas.
(b)
A minimum radius of 1/4 mile must be maintained
between any proposed tower and an existing tower, whether located
in the Village or in any adjacent municipality.
(5)
Preferred design. Tower construction shall be
of a monopole or self-supported tower design. The use of guyed towers
is prohibited.
(6)
Visual impacts. Towers and antennas shall be
constructed and designed to have the least practical visual impact
on the area within reasonable proximity to the towers and antennas.
Accessory wires, cables, conduits and other mechanical components
associated with a telecommunications facility shall be located in
the interior of the building or structure on which such facility is
mounted.
(7)
Fencing and lighting. The Board of Trustees
shall determine the composition, height and location of a fence required
to enclose and secure the base of a communications tower. The purpose
of such fencing is to prevent unauthorized access to the site. There
shall be reasonable lighting at the base of the structure for security
purposes and to further deter unauthorized access. The lighting shall
be directed toward the interior of the enclosed area. The applicant
shall be responsible for maintaining fencing and lighting during the
duration of facility operation.
(8)
Color. The Board of Trustees may recommend the
color or colors that are acceptable as long as said colors are permitted
by the FAA. The Board of Trustees may require a pattern of colors,
depending on the proposed location and its visual impact on the area
wherein the tower is to be located. The tower color, once approved
by the Board of Trustees, shall not be changed without Board of Trustees
approval.
(9)
Tower lighting. Communications towers shall
be designed and located to avoid, whenever possible, applications
of FAA lighting and painting requirements. The Board of Trustees may,
however, require lighting even in the absence of such requirements
by the FAA.
(10)
Signs. No signs shall be allowed on a tower
or antenna. The Board of Trustees may require that "no trespassing,"
"High Voltage," or other appropriate warning signs be placed on the
premises.
(11)
Accessory buildings and equipment storage.
(a)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(b)
Accessory buildings and equipment storage buildings
are permitted as long as they are used in direct conjunction with
the tower and its operation and they are used on a permanent basis.
No accessory building can be used for residential purposes. No accessory
building shall be located on building roofs.
(c)
Mobile or immobile equipment not used in direct
support of a tower facility shall not be stored or parked on the site
of the communications tower, unless actively engaged in maintenance
or repairs to the tower.
(12)
NIER exposure standards.
(a)
Unless otherwise superseded by the FCC, the
design and use of the telecommunications facility, including its cumulative
impact with other existing and approved telecommunications 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. If new, more restrictive, standards
are adopted, the antennas shall be made to comply therewith within
six months of the effective date of such new standards or operation
of the telecommunications facility shall be terminated. The cost of
compliance shall be borne by the owner and operator of the facility.
(b)
Annual certification of conformance with the
applicable emissions standards and the requirements and conditions
of special use permit approval shall be required.
(c)
Certification shall also be required prior to
any modification of the telecommunications facility or upon modification
of the FCC standards.
(d)
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 this
section or the conditions of special use permit approval shall be
deemed to be an offense punishable by fine and/or imprisonment in
accordance with this chapter.
(13)
Collocation requirements.
(a)
A proposal for a tower shall not be approved
unless the Board of Trustees finds that the antenna planned for the
proposed tower cannot be located on an existing or approved tower
or building within a one-quarter-mile search radius of the proposed
tower due to one or more of the following reasons:
[1]
The antenna would exceed the structural
capacity of the existing or approved tower or building, as documented
by a qualified professional engineer, and the existing or approved
tower cannot be reinforced, modified or replaced to accommodate the
planned or equivalent antenna at reasonable cost.
[2]
The antenna would cause interference
materially impacting the usability of other existing or planned antenna
at the tower or building as documented by a qualified professional
engineer and the interference cannot be prevented at a reasonable
cost.
[3]
Existing or approved towers and
buildings within the search radius cannot accommodate the antenna
at a height necessary to function reasonably as documented by a qualified
professional engineer.
[4]
Other reasons that make it infeasible
to locate the antenna upon an existing or approved tower or building.
(b)
Any proposed tower shall be designed, structurally,
electrically and otherwise, to accommodate both the applicant's antennas
and comparable antennas for at least three additional users.
(c)
Any lease between an applicant and a property
owner must include a clause, term, provision or condition that permits
collocation. The applicant shall provide a copy of all lease agreements
to the Board of Trustees as proof of same.
(14)
Maintenance. The communications tower, antenna(s),
support system and surrounding ground area shall be kept in good order,
repair and condition. It shall be the affirmative duty of the applicant,
its successor, assignee, grantee or transferee to make all repairs
and maintenance necessary to make the telecommunications facilities
and surrounding grounds safe, secure and visually compliant with the
Village ordinances and terms and conditions of the Board of Trustees
approval.
(15)
Inspections. The applicant, or its successor,
assignee, grantee or transferee shall, every year, provide to the
Village a written inspection report by a qualified, licensed engineer
which certifies that the tower meets applicable structural safety
standards and EMF safety standards. If maintenance or repairs are
required by said report, then it is the affirmative duty of the applicant,
its successor, assignee, grantee or transferee to make the repairs
or perform the maintenance in a timely manner.
(16)
Structural requirements. All telecommunications
facilities must be designed and certified by an engineer to be structurally
sound and, at minimum, in conformance with the Village Code and any
other standards contained in this section.
J.
Factors and considerations in granting special use
permits. The following factors and considerations shall be considered
by the Board of Trustees in reviewing applications for special use
permits:
(1)
That the proposed telecommunications facility
is necessary to meet the frequency reuse and spacing needs of the
applicant's system and to provide adequate service and coverage in
the intended area.
(2)
That no existing tower, antenna or alternate
technology that does not require the use of a tower or antenna, can
accommodate applicant's facility.
(3)
That all reasonable measures have been taken
to minimize the visual impact of the proposed facility.
(4)
Other factors, such as the height of the proposed
tower; its proximity to residential structures and residential district
boundaries; the nature of uses of adjacent and nearby properties;
surrounding topography, tree coverage and foliage; and design of the
proposed tower.
K.
Time limits.
(1)
Once a communications tower or antenna application
is approved, the applicant shall obtain a building permit within three
months of such approval, and the project shall be completed within
six months of issuance of the building permit.
(2)
The failure to obtain a permit within the time
permitted or to complete the construction in the time permitted shall
be deemed and considered to be an abandonment of the application.
(3)
Should such a facility not be used for a period
of more than six months, then same shall be deemed abandoned, as if
no permit were ever issued.
L.
Financial security bond or security deposit.
(1)
The applicant must provide either a financial
security bond or a security deposit for the construction, maintenance
and removal of the telecommunications facility, and such bond or security
deposit must be delivered to the Village Clerk, in an amount to be
approved by the Board of Trustees, prior to the issuance of any building
permit.
(2)
The applicant shall be required to sign an agreement
with the Village whereby the applicant agrees to remove the tower,
antenna(s), accessory structure(s) or other improvement(s) which has
ceased to be used for its original intended purpose for 180 consecutive
days. The applicant shall further agree that the tower, antenna, accessory
structure and other improvements shall be removed within six months
of the first date upon which the telecommunications facility ceases
to be used for its original intended purpose for six months. The aforesaid
financial security shall be used to guarantee the proper construction,
maintenance and removal of the telecommunications facilities should
that be required.
(3)
The applicant shall further agree to continually
renew the bond throughout the lifetime of the telecommunications facility
and file proof of the renewal with the Village Clerk.
(4)
The Board of Trustees shall have the continuing
authority and right to review said bond or security and its amount
and reasonably modify the amount and terms of the same if it is not
consistent with the intent of this section. If the applicant does
not renew the bond and allows it to lapse, the Village may deem the
tower and the facilities abandoned.
M.
Exempted telecommunications facilities. The following
telecommunications facilities are exempted from this section:
(1)
Law enforcement, fire control, emergency 911
and medical emergency facilities.
(2)
Noncommercial television and radio antennas,
private citizen band, amateur radio and other similar communications
systems utilizing a tower and antenna, which conform to applicable
laws and regulations. "Noncommercial" means a use for which money,
property or something of value is not charged, earned or received
by the owner, operator, lessee or person(s) in control of the telecommunications
system.
N.
Compliance with other laws. The operator of a telecommunications
facility shall submit to the Village Clerk copies of all licenses
and permits required by other agencies and governments with jurisdiction
over the design, construction, location and operation of such antenna
and shall maintain such licenses and permits and provide evidence
of renewal or extension thereof when granted. The failure to do so
after 30 days' notice, in the discretion of the Board, unless good
cause for such failure is shown, shall result in the termination of
the special use permit.
O.
Assignment of permit. No special permit granted under
this section shall be assigned or transferred without the prior approval
of the Board of Trustees.
P.
Experts and consultants. The Board of Trustees may
retain the services of engineers and other qualified professional
authorities and experts as may be necessary to advise the Board in
connection with the technical aspects of the application, the costs
of whose services shall be reimbursed by the applicant.
Q.
R.
Termination of permit; abandoned or unused small wireless facilities.
The following provisions shall apply to small wireless facilities:
[Added 4-1-2019 by L.L.
No. 4-2019[3]]
(1)
A small wireless facility shall be deemed abandoned after 25
days' notice to the permittee of nonpayment of a Village fee to maintain
the facility, the expiration of a required permit for the facility,
or sufficient other reasons by which the Village may reasonably infer
that the facility has been abandoned.
(2)
All abandoned small wireless facilities and all of the wireless
equipment associated with such facilities shall be removed within
45 days after such facilities have been abandoned or have been deemed
abandoned.
(3)
In the event that such facilities and the wireless equipment
associated with such facilities shall not be removed within said forty-five-day
period, such facilities and equipment shall be deemed abandoned and
of no further value and may be removed and disposed of at any time
thereafter by the Village, and the cost of such removal and disposal
shall be paid to the Village by the permittee within 30 days of demand
by the Village. The permittee shall hold the Village harmless for
any claims by any third party for the Village's removal and disposal
of any such abandoned facilities and equipment.
(4)
All notices shall be deemed sufficient if hand-delivered, sent
by fax, email, or overnight courier, or mailed by certified mail,
return receipt requested, to the last address, fax number, or email
address on file for the permittee with the Village Clerk. Notwithstanding
the foregoing, so long as a notice is actually received, the delivery
shall be deemed sufficient.
(5)
No performance bond shall be required.
[3]
Editor's Note: This local law also redesignated former Subsection
R as Subsection S.
S.
Severability. If any part of this section shall be
determined by a court of competent jurisdiction to be void or voidable,
either on its face or in its application, it is the express legislative
intent of the Board of Trustees of the Village of Williston Park that
only that part be excised from this section and that the remaining
unaffected portions hereof continue in full force and effect.
[Added 8-19-2013 by L.L. No. 3-2013]
A.
EXISTING STRUCTURE
MAJOR MODIFICATIONS
MINOR MODIFICATION
MODIFICATION or MODIFY
REPLACEMENT
SUBSTANTIAL INCREASE
SUPPORT STRUCTURE(S)
Definitions. All terms utilized in this section shall have the meanings as set forth in § 230-14.1 of the Village Code. In addition, for purposes of this section, the following additional definitions also apply:
Previously erected support structure or any other structure,
including, but not limited to, buildings and water tanks, to which
telecommunications facilities can be attached.
Improvements to existing telecommunications facilities or
support structures that result in a substantial increase to the existing
structure. Co-location of new telecommunications facilities to an
existing support structure without replacement of the structure shall
not constitute a major modification.
Improvements to existing structures that result in some material
change to the facility or support structure but of a level, quality
or intensity that is less than a substantial increase. A minor modification
would include antenna modification or the replacement of the structure.
The addition, removal or change of any of the physical or
visually discernible components, colors, or aspects of a telecommunications
facility, such as antennas, cabling, equipment shelters, landscaping,
shrouding, fencing, utility feeds, vehicular access, or parking. It
also means an upgrade or change-out of equipment for better or more
modern equipment or components or specifications that are not substantially
identical to the existing equipment or component(s) being replaced.
Adding a new antenna, wireless carrier or server provider to a telecommunications
facility as a co-location is always a modification. Repair or maintenance
of an existing telecommunications facility is not a modification.
Constructing a new support structure of proportions and of
equal height or such other height that would not constitute a substantial
increase to a preexisting support structure in order to support a
telecommunications facility or to accommodate co-location and removing
the preexisting support structure.[1]
Occurs when the mounting of the proposed antenna(s) on an
existing structure would result in the top of the new or existing
antenna(s) being more than 22 feet six inches above the principal
roofline.
A structure designed to support telecommunications facilities,
including, but not limited to, model poles, towers, and other freestanding
self-supporting structures.
[1]
Editor's Note: The former definition of "stealth telecommunications
facility," which immediately followed this definition, was repealed
12-1-2014 by L.L. No. 6-2014.
B.
No existing telecommunications facility shall be moved, reconstructed,
changed, altered, or modified except after administrative approval
by the Building Department that it is in conformity with the requirements
of this section.
C.
The Building Department may approve, approve with modifications and/or
conditions, or deny a minor modification to an existing structure
or co-location that does not constitute a substantial increase, subject
to the following requirements:
[Amended 12-1-2014 by L.L. No. 6-2014]
(1)
New and co-located antennas comply with FCC regulations, NEIR
exposure standards, and EMF standards.
(2)
The applicant will submit a copy of the applicant's FCC license.
(3)
Any new air-conditioning unit must be directed away from any
residences.
(4)
The applicant shall submit competent engineering evidence that any sound emitted by the telecommunications facility as a result of the addition of the new or co-located antennas will not produce sound exceeding the standards set forth in Chapter 139 of the Village Code.
(5)
The applicant shall submit an engineer's certified statement
and such other proof that the Building Department may require that
the reception and/or transmission function of the telecommunications
facility, as modified, will not interfere with the usual and customary
transmission or reception of radio, television, etc., services of
neighboring properties.
(6)
The applicant shall provide a copy of the lease or letter of
authorization from the property owner evidencing the applicant's authority
to pursue the application.
D.
Any approvals given under this section shall be effective for a period
of five years, and at the expiration of that period, such approval
may be renewed by the Building Department for an additional period
of five years.
E.
Inspections. Any minor modification for which approval is given under this section shall be subject to the inspection requirements set forth in § 230-14.1I(15).
F.
Major modifications shall be treated as an application for a new telecommunications facility and shall require a special use permit, or amendment to an existing special use permit, under § 230-14.1 of the Village Code.
G.
Expert and consultants. The Building Department may retain the services
of engineers and other qualified professional authorities and experts,
including attorneys, as may be necessary to advise the Building Department
in connection with the technical aspects of the application. The cost
of whose services for such engineers and attorney shall be reimbursed
by the applicant. The applicant will be required to file with the
application a deposit in an amount as shall be determined by the Village
Board of Trustees.
H.
Fees and deposits. The fee and deposits for administrative review
by the Building Department under this section shall be set from time
to time by the Board of Trustees by resolution.
I.
Upon a final determination by the Building Department to deny, modify
and/or impose conditions and/or covenants upon an application, the
applicant may appeal to the Board of Zoning Appeals within 30 days
of the final determination.