Village of Sag Harbor, NY Article XI Special Exception Uses

§ 300-11.1 Delegation of authority to Planning Board.

[Amended 1-11-2022 by L.L. No. 1-2022]

The Planning Board is hereby authorized to act on proposed special exception uses which are specifically provided for in this chapter except where such authority is retained by the Village Board of Trustees as set forth herein. Such action may include approval, conditional approval or disapproval based on the standards set forth in this article.

§ 300-11.2 General procedures and conditions.

A. Prior to taking action on any special exception use, the Planning Board shall hold a public hearing after public notice.

B. Any approval of a special exception use may be subject to a condition requiring the issuance of a building permit, commencement and completion of construction within a time specified by the Planning Board.

C. For all applications for a special exception, the applicant shall erect or cause to be erected a sign which shall be displayed on the parcel upon which the application is made, facing each public street to which the property abuts, giving notice that an application has been made to the Planning Board, along with the time and place of the hearing. The sign shall not be located more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the natural grade at the street line. The sign shall be furnished by the Planning Board and shall be the only sign to be used. The sign shall be displayed not less than 10 days immediately preceding the public hearing or any adjournment date. The applicant shall file an affidavit with the Planning Board that he/she has complied with the provisions of this section prior to the opening of the public hearing.

D. The applicant shall mail notice of the public hearing date, at least 10 days prior thereto, to every property owner, as shown on the current Village of Sag Harbor assessment rolls, or parcels abutting and/or directly opposite (by way of extension of lot lines through the street right-of-way) the property which is the subject of the public hearing, excepting that such notice for any use under §§ 300-11.8 and 300-11.12 shall also include any property owner within a five-hundred-foot radius of the perimeter of the property which is the subject of the public hearing. Such notice shall be by either certified or registered mail, return receipt requested. Proof of such notice shall consist of: 1) the return receipts and 2) an affidavit attesting to compliance with this mailing notification. Such proof shall be submitted to the Planning Board prior to the public hearing. No additional mailing shall be required for an adjournment.

E. Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter punishable under the provisions of § 300-17.6.

§ 300-11.3 General standards.

For every such special exception use, the Planning Board shall determine that:

A. Nature of use. Such use will be in harmony with § 300-1.2, Legislative findings and determinations, and will promote the general purposes and intent of this chapter as stated in § 300-1.3, Declaration of purpose.

B. Lot area. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

C. Adjacent properties. The proposed use will not prevent the orderly and reasonable use of adjacent properties, particularly where they are in a different district.

D. Compatibility. The site is particularly suitable for the location of such use in the Village and, if sited at that location, the proposed use will in fact be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.

E. Effect on specific existing uses. The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.

F. Use definition. The proposed use conforms to the chapter's definition of the special exception use where such definition exists or with the generally accepted definition of such use where it does not exist in this chapter.

G. Circulation. Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion; and, further, that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances.

H. Curb cuts. All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.

I. Parking. There are off-street parking and truck-loading spaces at least in the number required by the provisions of § 300-9.6C, D and E, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.

J. Buffering and screening. Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

K. Runoff and waste. Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other characteristic.

L. Outdoor display. No outdoor sales lot, retail equipment storage or display area shall be permitted in the required front yard area of the Village Business District or Waterfront District.

M. Specific standards. The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in § 300-11.4.

§ 300-11.4 Special conditions.

A. Environmental protection. The natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural resources.

B. Compliance with other laws. The proposed use can and will comply with all provisions of this chapter and the Village Code applicable to the proposed use and can meet every other applicable federal, state, county and local law, rule or regulation.

§ 300-11.5 Apartment building in the Office District (OD).

A. Any applicant for an apartment building in the OD shall be required to design any such project so as to include one of the following:

(1) Set aside to be built on the site no fewer than 10% of the units as affordable units under § 300-11.6B either for sale or for rental; or

(2) Payment of a sum of money to the Sag Harbor Community Housing Trust Fund incident to issuance of any approval, which said sum shall equal $186,000 of units otherwise times twice the number of units otherwise to be built under Subsection A(1) above or such other per-unit sum as is fixed from time to time by resolution of the Board of Trustees, so that, by way of illustration not limitation, if the actual density on any such project is 10 units, requiring one to be affordable, and if built on site, the trust fund contribution would be $372,000.

B. Any applicant for an apartment building in the OD Office District which shall contain five or fewer units on any site shall not be required to set aside affordable units on site but shall be required to make payment of a sum of money to the Sag Harbor Community Housing Trust Fund as otherwise provided in Subsection A(2) above equal to $186,000 or such other sum as is fixed from time to time by resolution of the Board of Trustees. In the event any site is a lot on a minor or major subdivision approved after the effective date of this section and in the further event there is a later application for an apartment use on a separate lot within said subdivision, then and on approval of any such application the applicant shall be obliged to set aside 20% of allowable density as affordable units.

C. Any affordable apartment unit under this section shall not be subject to the lot area requirement otherwise applicable for apartments in the Table of Dimensional Regulations.[1]

[1] Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.

§ 300-11.6 New accessory apartments in VB District.

[Amended 10-13-2015 by L.L. No. 15-2015; 6-14-2022 by L.L. No. 13-2022]

A. Allowance. New accessory apartments in the VB District shall be a special exception use, provided that any such use complies with the requirements of this section and a permit is issued hereunder.

B. Affordable workforce housing income requirement. Priority for occupancy of any accessory apartment under this section shall be given to affordable workforce housing income occupants as defined in Chapter 150 as well as those persons who otherwise already qualify and work in or for the Village of Sag Harbor; members of the Village of Sag Harbor Ambulance Corps, Police Department or Fire Department.

[Amended 6-13-2023 by L.L. No. 5-2023]

C. Incentives. Approval of a new accessory apartment in the VB District shall qualify the owner of premises in the VB District to a waiver of any sewer rent in a sum equal to the percent of space at the premises used and occupied by any such accessory apartment(s).

D. Standards.

(1) Location. In the VB District, any new accessory apartment shall not be located on the first floor or below said floor.

(2) Bedrooms. In no event shall the number of bedrooms in an accessory apartment exceed two bedrooms.

(3) Off-street parking. Any applicant hereunder shall in good faith seek to provide at least one off-street parking space for any such accessory apartment, but no off-street parking spaces shall be required for an accessory apartment hereunder.

(4) Code compliance. Any accessory apartment shall be improved and maintained in compliance with the Village Code, the New York State Fire Prevention and Building Code and the Suffolk County Sanitary Code.

(5) Inspection. As a condition of approval of any permit for an accessory apartment, the applicant or its designated, authorized representative shall authorize the Building Inspector and/or Fire Marshal to make or cause to be made inspections, upon reasonable notice, to determine the condition of the dwellings and compliance with the provisions of this section to safeguard the health, safety and welfare of the public.

E. Duration. Any permit for an accessory apartment shall be for a period of one year and must be renewed annually. At the time of any such renewal, the applicant shall provide a statement attesting to the efforts that have been made to comply with the requirements set forth in § 300-11.6B herein.

§ 300-11.7 Bar/tavern.

A. The site shall not be located within 500 feet of any church, school, playground, park, hospital or similar public and semipublic place.

B. There shall be no outdoor public-address or music system.

C. Outdoor service and/or consumption of alcoholic beverages is prohibited.

D. There shall be no live entertainment on the premises, except that a tavern or bar may include a piano and/or stringed instruments.

E. No bar or tavern shall be approved unless noise attenuation improvements are installed prior to issuance of any certificate of occupancy so as to prohibit altogether the transmittal of noise off site.

F. Septic and solid waste systems must be adequate to assure that no adverse effects will result to any water body in the vicinity of the proposed use.

G. Parking and traffic circulation shall be provided which is adequate to accommodate the peak anticipated crowding of the use.

H. All exterior lighting shall be contained on site.

I. Excessive or unreasonable noise is prohibited. Excessive or unreasonable noise is any sound that can be detected at any property line from which the noise emanates by a trained officer using his or her unaided hearing faculties that is deemed by that officer, based on his or her training or experience, to exceed the decibel limitations set forth in § 167-3[1] or is unreasonable based upon the totality of the circumstances. If the sound source under investigation is a sound-amplification or -reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music shall be sufficient to constitute excessive or unreasonable noise.

[1] Editor's Note: See Ch. 167, Noise.

§ 300-11.8 Bed-and-breakfast.

[Amended 6-9-2015 by L.L. No. 10-2015]

A. A bed-and-breakfast is an owner-occupied dwelling designed, used and occupied as a one-family or two-family dwelling, managed by the property's owner and having as an accessory bedroom accommodations and breakfast provisions, served in the host's private dining room or kitchen, for those accommodated as paying guests, who are referred to for the purposes of this section as "registered guests."

B. No dwelling or building shall be used as a bed-and-breakfast unless:

(1) It is in compliance with the requirements of this section and all other provisions of this chapter.

(2) A special exception permit has been issued for a bed-and-breakfast under this section by the Planning Board permitting the bed-and-breakfast.

C. No bed-and-breakfast shall have more than two bedrooms to accommodate more than four transient guests, and occupancy of any guest shall be limited to three nights and three days.

D. Any special exception permit issued hereunder shall expire two years after issuance, and any renewal shall be submitted to a public hearing.

E. The dwelling shall be a detached one-family or two-family dwelling with a certificate of occupancy for such use.

F. The dwelling shall be occupied as a principal residence by its owners during any period of time in which it is also being used and occupied as a bed-and-breakfast.

G. There shall be no separate kitchen facilities for the use of registered guests.

H. At least one off-street parking space shall be provided for each guest bedroom.

I. No meal may be served or provided in any manner except breakfast to registered guests.

J. No special exception approval shall be issued except after the Planning Board's receipt and consideration of written inspection reports from both the Fire Marshal and Building Inspector, each stating that the premises are safe for bed-and-breakfast use, and no such special exception shall be approved except with a condition authorizing continued inspections as need arises by both the Fire Marshal and Building Inspector. Such inspections may be made at any reasonable time. If entrance to make an inspection is refused or cannot be obtained, the Building Inspector or Fire Marshal of the Village of Sag Harbor may apply to any court of competent jurisdiction for a warrant to make an inspection.

K. Each floor and each guest bedroom shall be equipped with a working smoke alarm and carbon monoxide detector.

L. Any sign at the premises shall be limited to a sign no greater than two square feet.

M. In no event may the Board approve or allow more than 10 special exception permits for a bed-and-breakfast in the R-20 District at any one time.

§ 300-11.9 Boatyard.

A. All minor and major repairs to recreational boats and commercial fishing vessels may be provided if such major repair services shall not be deemed incompatible with the use of adjoining properties.

B. Outdoor storage of boats may be permitted.

C. Commercial fishing, dockage, warehousing, outdoor storage and similar accessory uses may be permitted in connection with a boatyard, provided that such uses are located at least 50 feet from any residential district and provided that such use will not be deemed to be incompatible with the use of adjoining properties.

§ 300-11.10 Cemetery.

A. Any cemetery shall be located on a site not less than 10 acres.

B. Any internment at a cemetery shall be at least 100 feet or more inside any perimeter boundary or exterior lot line.

C. Any chapel or building used for public assembly at a cemetery shall not be greater than 2,000 square feet in area or 16 feet in height, shall be at least 200 feet from any property line, and shall be limited in use to the conducting of services incident to burials only.

D. Any cemetery shall be designed so as to accommodate not fewer than 15 automobiles within its traffic ways and on site.

E. Service buildings shall be located at least 50 feet from any side or rear lot line and shall be at least 100 feet from any public or private street.

F. A crematory is prohibited.

G. All side and rear property lines shall be planted with evergreen vegetation specified by the Planning Board with the provisos that any such plantings shall protect adjacent properties from any view of the cemetery and activities therein and any such plantings shall be subject to a maintenance covenant requiring that such plantings survive and be maintained in good health.

§ 300-11.11 Communication tower.

A. Purpose. The Telecommunications Act of 1996 affirmed the Village of Sag Harbor's authority concerning the placement, construction and modification of wireless telecommunications facilities. The Village finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, historic character, aesthetic qualities and environment of the Village and its inhabitants. In order to ensure that the placement, construction and modification of wireless telecommunications facilities is consistent with the Village's land use policies, the Village hereby adopts a single, comprehensive wireless telecommunications facilities application and permit process. In order to ensure that the placement, construction and modification of wireless telecommunications facilities do not threaten or endanger the health, safety and welfare of the Village's residents and visitors, and to protect the public welfare, environmental features, aesthetic values and the nature and character of the community and neighborhoods and other aspects of the quality of life specifically listed elsewhere in this section, the Village hereby adopts an overall policy and requirements with respect to a special use permit for wireless telecommunications facilities for the express intent and purpose of achieving the following goals:

(1) Implementing an application process for person(s) seeking a special use permit for placement and construction and maintenance of wireless telecommunications facilities;

(2) Establishing a policy for examining an application for and issuing a special use permit for wireless telecommunications facilities that is both fair and consistent to all licensed wireless telecommunications providers;

(3) Promoting and encouraging the sharing and/or co-location of wireless telecommunications facilities among service providers;

(4) Promoting and encouraging the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth and other innovative technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and near the requested location of such wireless telecommunications facilities;

(5) Promoting and encouraging the implementation of alternative types of wireless telecommunications facilities and technology such as secondary wireless telecommunication service facilities, repeaters, and micro-cell technology to minimize the adverse visual and physical effects of wireless telecommunications facilities and to protect the natural features, aesthetics and open space character of the Village;

(6) Promoting and encouraging the priority of siting of wireless telecommunications facilities to minimize the adverse visual and physical effects of wireless telecommunications facilities and to protect the natural features, aesthetics and open space character of the Village;

(7) To minimize the impact of such facilities on residential properties;

(8) To encourage the siting of wireless telecommunications services facilities on properties and areas which are not used for residential purposes;

(9) To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound; and

(10) To ensure that towers and telecommunications facilities are compatible with surrounding land uses.

B. Word usage; definitions.

(1) For purposes of this section, and where not inconsistent with the context of a particular subsection, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(2) As used in this section, the following terms shall have the meanings indicated:

ACCESSORY FACILITY OR STRUCTURE

An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lots as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets.

ANTENNA

A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the Village's siting, building and permitting authority.

APPLICANT

Any wireless service provider submitting an application for a special use permit for wireless telecommunications facilities.

APPLICATION

All the necessary and appropriate documentation that an applicant is required to submit for consideration of a special use permit for a wireless telecommunications facilities as specifically set forth in this section.

BOARD

The Planning Board.

CO-LOCATION

The use of a wireless telecommunications facility or other structure to support antenna for the provision of wireless services without increasing the height of such facility or other structure.

COMPLETED APPLICATION

An application that contains all the information and/or data required by this section necessary to enable an informed decision to be made with respect to an application.

FAA

The Federal Aviation Administration or its duly designated and authorized successor agency.

FCC

The Federal Communications Commission or its duly designated and authorized successor agency.

HEIGHT

When referring to a wireless telecommunications facility or other structure, the distance measured from the preexisting grade level to the highest point on such facility or other structure, even if said highest point is an antenna or lightning protection device.

MODIFICATION

The addition, removal, change or alteration of any of the physical and visually discernible components or aspects of a wireless telecommunications facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or change out of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a wireless telecommunications facility or telecommunications site for purposes of this section shall be deemed as a "modification." A modification shall not include the replacement of any components of a wireless telecommunications facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless telecommunications facility without adding, removing, changing or altering the wireless telecommunications facility in any respect.

NIER

Nonionizing electromagnetic radiation.

PERSON

Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity.

PERSONAL WIRELESS FACILITY

See definition for "wireless telecommunications facilities."

PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS

Shall have the same meaning as defined and used in the 1996 Telecommunications Act.

PUBLIC UTILITY STRUCTURE

Any structure erected for the purposes of providing a public utility service, including, but not limited to, water towers, electric transmission tower/poles and telephone poles.

REPEATER

A small, supplementary and accessory bidirectional 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 the primary base stations and which may be attached to a structure or pole.

SECONDARY WIRELESS TELECOMMUNICATIONS SERVICE FACILITY

A small wireless telecommunications service 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 that does not involve the construction of a new tower or increase the height of any existing structure to which it is attached.

SPECIAL USE PERMIT

The official document or permit issued by the Board pursuant to which an applicant is permitted to construct, maintain and use a wireless telecommunications facility as granted or issued pursuant to this section. The Board is hereby authorized to review and approve, approve with modifications, or disapprove special use permits and site plans consistent with Village Law, §§ 7-725[1] and 7-725-b.

STATE

The State of New York.

STEALTH or STEALTH TECHNOLOGY

The use of innovative design technology to minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities located adjacent to, surrounding, and generally in the same area as the requested location of such wireless telecommunications facilities.

TELECOMMUNICATIONS

The transmission and/or reception of audio, video, data and other information by wire, radio, frequency, light and other electronic or electromagnetic systems.

TELECOMMUNICATIONS SITE

See definition for "wireless telecommunications facilities."

TELECOMMUNICATIONS STRUCTURE

A structure used in the provision of services described in the definition of "wireless telecommunications facilities."

TEMPORARY

In relation to all aspects and components of this section, something intended to or that does exist for less than 90 days.

VILLAGE

The Incorporated Village of Sag Harbor.

WIRELESS TELECOMMUNICATIONS FACILITIES

Includes personal wireless facilities and antennas and associated equipment and/or a structure, tower, facility or location designed or intended to be used as or used to support antennas or other transmitting or receiving devices. This includes, without limitation, all kinds of structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities, such as cabling, equipment shelters and other structures associated with the site. It includes towers of all types intended to accommodate wireless telecommunications facilities and secondary wireless telecommunications service facilities and repeaters. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal and emergency telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the Village's siting, building and permitting authority, excluding those used exclusively for the Village's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar noncommercial telecommunications where the height of the facility is below the height limits set forth in this chapter.

[1] Editor's Note: Village Law, § 7-725, relating to planning board approval of site plans and certain uses, was repealed by L. 1992, c. 694, § 3, eff. July 1, 1993, and is now covered by Village Law § 7-725-a.

C. Special use permit application and other requirements. No person shall build, erect or construct a wireless telecommunications facility upon any parcel of land within any zoning district within the Village unless a special use permit shall have been issued in accordance with this section. The Village Board of Trustees is hereby authorized to review special use permit applications submitted pursuant to this section as set forth herein.

(1) All applicants for a special use permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section; applications for a special use permit for wireless telecommunications facilities shall be made to the Board of Trustees. Said Board is the officially designated agency that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for wireless telecommunications facilities. The Village may, at its discretion, delegate or designate other official agencies of the Village to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for wireless telecommunications facilities.

(2) An application for a special use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

(3) Applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected by the Board.

(4) The applicant shall include with the application a written certification:

(a) That the applicant's proposed wireless telecommunications facilities will be maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, as well as with all applicable and permissible local codes, ordinances and regulations, including any and all applicable Village, state and federal laws, rules and regulations.

(b) That the applicant is authorized to do business in the State of New York and duly licensed by the Federal Communications Commission.

(c) That the facility will be completed and will provide service within 180 days of the date of the grant of the special use permit.

(5) All applications for the construction or installation of new wireless telecommunications facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in this state. The application shall include as a minimum the following information:

(a) Documentation that demonstrates the public necessity of the wireless telecommunications facility at the location proposed to provide service primarily and essentially within the Village. Such documentation shall include, without limitation, propagation studies in sufficient detail, as determined by the Board, of the proposed site and all adjoining planned, proposed, in-service or existing sites and any alternative site proposed by the Village;

(b) The name, address and phone number of the person preparing the report;

(c) The name, address and phone number of the property owner, operator and applicant, and to include documentation of the legal formation of the applicant;

(d) The postal address and tax map designation of the property;

(e) The zoning district or designation in which the property is situated;

(f) Size of the property, stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;

(g) The location of the nearest residential structure;

(h) The location, size and height of all structures on the property which is the subject of the application;

(i) The location, size and height of all proposed and existing antennas and all appurtenant structures;

(j) The type, locations and dimensions of all proposed and existing landscaping and fencing;

(k) The number, type and design of the wireless telecommunications facility and antenna(s) proposed and the basis for the calculations of the facilities capacity to accommodate multiple users;

(l) The make, model and manufacturer of the wireless telecommunications facility and antenna(s);

(m) A description of the proposed wireless telecommunications facility and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;

(n) The frequency, modulation and class of service of radio or other transmitting equipment;

(o) The actual intended transmission and the maximum effective radiated power of the antenna(s);

(p) Direction of maximum lobes and associated radiation of the antenna(s);

(q) Certification that the NIER levels at the proposed site are within the permissible threshold levels adopted by the FCC;

(r) Certification that the proposed antenna(s) will not cause interference with other telecommunications devices;

(s) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;

(t) Certification that a topographic and geomorphologic study and analysis have been conducted and, taking into account the subsurface and substrata and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site;

(u) A radius map, certified by its preparer, showing the name, address, section, block and lot number of all property located within 1,500 feet of any property line of the lot or parcel on which the new wireless telecommunications facilities are proposed to be located.

(v) Site plan. An applicant shall be required to submit a site plan as follows: The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required. Additionally, the Board of Trustees shall require the site plan include a completed visual environmental assessment form (visual EAF) and landscaping plan addressing other standards listed within this section, with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.

(6) In the case of a new wireless telecommunications facility, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing wireless telecommunications facilities, or the use of alternative buildings or other structures within or adjoining the Village. Copies of written requests and responses for shared use shall be provided to the Board as part of the application, along with any letters of rejection stating the reason for rejection. A written technical report from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another existing tower or usable antenna support structures owned by others, located within a one-half-mile radius of the proposed tower site, shall be provided.

(7) The applicant shall certify that the wireless telecommunications facility, foundation and attachments are designed and will be constructed to meet all local, Village, state and federal structural requirements for loads, including wind and ice loads.

(8) The applicant shall certify that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property, and installed with appropriate surge protectors.

(9) The applicant shall furnish a visual impact assessment, which shall include:

(a) A Zone of Visibility Map, which shall be provided in order to determine locations from which the wireless telecommunications facility may be seen.

(b) Pictorial representations of before and after views from key viewpoints both inside and outside of the Village as may be appropriate, including, but not limited to, state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents; residential properties from which the site is visible. The Board shall have the authority to determine the appropriate key sites at a preapplication meeting.

(c) An assessment of the visual impact of the wireless telecommunications facility base and accessory buildings from abutting and adjacent properties and streets which will demonstrate the need or appropriateness of screening of said structures.

(10) The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed wireless telecommunications facilities.

(11) Any and all representations made by the applicant or its counsel to the Board, on the record or otherwise, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Board.

(12) All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the Village, including, specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.

(13) All applications for wireless telecommunications facilities shall demonstrate that the facility has been sited to minimize the adverse visual and physical impacts and effect on the environment, the adjacent neighborhood, and the Village and its character.

(14) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed, and/or to harmonize with the natural surroundings, which shall include the utilization of stealth or concealment technology as may be required by the Board.

(15) Telecommunications sites shall provide an access road, turnaround space, and parking to assure adequate emergency and service access. Existing roads, whether public or private, shall be used to the maximum extent possible. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

(16) A person who holds a special use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all then current applicable technical, safety and safety-related codes adopted by the Village, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code, the National Electrical Code, FAA and FCC, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors, as modified and updated from time to time. The codes referred to are codes that include, but are not limited to, use, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

(17) A holder of a special use permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same in full force and effect for as long as required by the Village or other governmental entity or agency having jurisdiction over the permittee.

(18) With respect to the application process, the Board will seek lead agency status pursuant to SEQRA. The Board shall conduct an environmental review of the proposed project pursuant to SEQRA in combination with its review of the application pursuant to this section.

(19) An applicant shall submit to the Village the number of completed applications determined to be needed at the preapplication meeting.

(20) The applicant shall examine the feasibility of designing a proposed wireless telecommunications facility to accommodate future demand for at least five additional commercial applications for future co-locations. As determined by the Board, the wireless telecommunications facility shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant and located as close to the applicant's antenna as possible without causing interference.

(21) Future shared use.

(a) The owner of the proposed new wireless telecommunications facility, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed wireless telecommunications facility by other wireless service providers in the future, and shall:

[1] Respond within 60 days to requests for information from a potential shared-use applicant;

[2] Negotiate in good faith concerning future requests for shared use of the new wireless telecommunications facility by other telecommunications providers; and

[3] Allow shared use of the new wireless telecommunications facility if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the wireless telecommunications facility or equipment to accommodate a shared user without causing electromagnetic interference.

(b) Failure to abide by the conditions outlined above shall be grounds for revocation of the special use permit for the wireless telecommunications facility.

(22) There shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting shall also include a site visit, if there has not yet been a prior site visit for the requested site. Costs of the Village's consultants to prepare for and attend the preapplication meeting will be borne by the applicant. Any and all representations made by the applicant or its counsel during the preapplication meeting and site visit shall be deemed a part of the application and may be relied upon in good faith by the Village of Sag Harbor.

(23) The holder of a special use permit shall notify the Village of any intended modification of a wireless telecommunications facility and shall apply to the Board to modify, relocate or rebuild a wireless telecommunications facility.

(24) In order to better inform the public of the potential visual impact of a new wireless telecommunications facility, the applicant shall, at the discretion of the Board, conduct a balloon test prior to the public hearing on the application. The applicant shall arrange to fly or raise upon a temporary mast a minimum of three feet in diameter, a brightly colored balloon at the maximum height of the proposed new wireless telecommunications facility. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be published in the official newspaper of the Village. The applicant shall inform the Village, in writing, of the dates and times of the test at least 14 days in advance. The balloon shall be flown for at least three consecutive hours sometime between 9:00 a.m. and 4:00 p.m. on the initial date. The secondary date may be on a weekday.

(25) The applicant shall provide a written copy of an analysis, completed by a qualified individual or entity, to determine if the wireless telecommunications facility or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any new wireless telecommunications facility or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA, and any related correspondence shall be provided to the Village in a timely manner.

D. Location.

(1) Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunication facilities in accordance with the following priorities, (a) being the highest priority and (g) being the lowest priority. The applicant shall demonstrate to the Board its attempts to locate on the highest priority sites available.

(a) On Village-owned properties or facilities.

(b) On electric, telephone and any other utility poles.

(c) On existing nonresidential structures, such as water towers, multistory buildings, church steeples, silos and existing telecommunications towers or other similar nonresidential structures when placement of wireless facilities, including but not limited to antennas, do not increase the height of the structure.

(d) On nonresidential properties, such as schools, churches, universities, clubs, similar type nonresidential properties, and commercial property.

(e) Sites in excess of 10 acres.

(f) On other properties in the Village. No existing structure shall be modified to serve as a transmission tower unless in conformity with the regulations established herein.

(g) Other locations not meeting with the above priority criteria shall only be permitted by the Board when the applicant demonstrates to the Board's satisfaction that a priority site is not available and the alternative site, to the maximum extent practicable, protects and preserves the aesthetic qualities, open space characteristics of the Village, the property values of the community and the health, safety and welfare of Village residents.

(2) Towers shall be permitted only as a last alternative after all other transmission alternatives have been proven not to be effective to eliminate substantial gaps in service within the Village. Guyed wire towers shall not be permitted.

(3) If the need for a new tower is proven, the tower shall be no taller than the minimum height necessary to eliminate substantial gaps in service or portions thereof within the Village.

(4) If the proposed site is not the highest priority listed in Subsection A(1)(a) through (g) of this section, then a detailed explanation must be provided as to why any individual site of any higher priority type was not selected or available. The applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

(5) An applicant may not bypass sites of higher priority by stating that the site proposed is the only site leased or selected. An application shall always address co-location as the first preference of the Village. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Board why co-location is not feasible.

(6) 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. Notwithstanding the above, the Village may disapprove any site located within an area in the above list of priorities, provided that the Village finds that the proposed site is not in the best interest of the health, safety and welfare of the Village and its inhabitants and will have a deleterious effect on the aesthetic nature and character of the community, the neighborhood and on nearby property values.

(7) The applicant shall submit a written report demonstrating the applicant's review of the above categories of locations in order of priority, demonstrating the reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation shall be included with the application, explaining why categories of sites of a higher priority were not selected or available.

(8) 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 telecommunications facilities which is contrary to an already stated purpose of a master plan or specific zoning or land use designation;

(d) The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Village, or employees of the service provider or other service providers; or

(e) Conflicts with the provisions of this chapter.

E. Shared use.

(1) Co-locating on existing wireless telecommunications facilities or other structures without increasing the height, as opposed to the construction of a new wireless telecommunications facility or increasing the height of the existing facility, shall be preferred by the Village. The applicant shall submit a comprehensive report inventorying existing wireless telecommunications facilities and other suitable alternative structures within a two-mile radius of the location of any proposed new site or wireless telecommunications facilities and demonstrate conclusively why an existing wireless telecommunications facility or other suitable structure cannot be used.

(2) An applicant intending to locate on an existing wireless telecommunications facility or other suitable structure shall be required to document the consent of the existing owner to permit its use by the applicant.

(3) Such shared use shall consist only of the minimum antenna array necessary to provide service primarily and essentially within the Village.

F. Height.

(1) The applicant shall submit documentation justifying the total height of any wireless telecommunications facility and/or antenna and the basis therefor. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the Village.

(2) If the need for a new wireless telecommunications facility can be proven, the maximum permitted height of a wireless telecommunications facility shall be no higher than the minimum height necessary to eliminate substantial gaps in service within the Village, whether in whole or in part. In no event shall a tower be higher than 75 feet.

G. Appearance and visibility.

(1) All wireless telecommunications facilities shall employ stealth design technology, as determined by the Board.

(2) Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.

(3) Wireless telecommunications facilities shall be galvanized or, if deemed necessary, painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section.

(4) If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under applicable regulations.

(5) Wireless telecommunications facilities and all related cabling that are co-located on a structure other than a wireless telecommunications facility shall be of a color that matches the color of the structure to which the facilities are attached. Whenever possible, wireless telecommunications facilities shall employ stealth technology to minimize the visual impact of such facilities and equipment.

(6) In all cases, structures offering slender silhouettes (i.e., monopoles) shall be preferable to freestanding structures, except where such freestanding structures offer capacity for future co-location. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

H. Security. All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically, all antennas, towers and other supporting structures shall be made reasonably inaccessible to unauthorized individuals and constructed or shielded in such a manner that they cannot be climbed or collided with and shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

I. Signage. Wireless telecommunications facilities shall contain a sign no larger than is required to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be placed on the equipment shelter or cabinet located on the premises and be visibly able to be read from the access point of the site. The sign shall not be lighted, unless lighting is required by applicable law, rule or regulation. No other signage, including advertising, shall be permitted.

J. Lot size and setbacks. All proposed structures associated with a wireless telecommunications facility shall be set back so as to comply with applicable minimum setback requirements for the zoning district in which the property is situated. On poles or other public utility structures on public utility rights-of-way, the setback shall be as required by the utility or any existing or future governing law or regulation. Proposed towers and their associated equipment shall be set back a minimum of 110% of the height of the tower above finished grade from all property lines and existing structures. Additional setbacks may be required by the Board to contain on site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts and to any accessory facilities.

K. Visual mitigation.

(1) Landscaping and/or other screening and visual mitigation treatments, including but not limited to the use of camouflage, stealth or concealment technologies or treatments shall be required to minimize the visual and aesthetic impact of such facility.

(2) All ground-based equipment and structures shall either be located underground or placed so as not to be directly or easily visible from any property line.

(3) Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

(4) Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place without prior approval of the Board. Clear-cutting of all trees in a single contiguous area exceeding 5,000 square feet shall be prohibited.

(5) Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important viewsheds or vistas. Where the site abuts residential or public property, including streets, the vegetative screening shall be required, consisting of at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting, to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall exclude the height of any berm. Required vegetation shall be maintained as a condition of the special use permit.

L. Noise. Noise-producing equipment shall be sited and/or insulated to minimize any increase in noise above ambient levels as measured at the property line.

M. Retention of expert assistance.

[Amended 10-8-2013 by L.L. No. 6-2013]

(1) The Board may retain any attorney, consultant and/or expert necessary to assist it in reviewing and evaluating the application, including the construction, modification and inspection of the site once permitted, and any requests for recertification.

(2) Any application submission shall be simultaneously submitted to the Board's consultants by the applicant.

N. Exceptions from special use permit requirement.

(1) No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this section without having first obtained a special use permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special use permit shall be required for those exceptions noted in the definition of "wireless telecommunications facilities."

(2) All wireless telecommunications facilities legally existing on or before the effective date of this section shall be allowed to continue as they presently exist; provided, however, that any modifications of an existing wireless telecommunications facility must comply with the provisions of this section.

O. Public hearing and notification requirements.

(1) Prior to the approval of any application for a special use permit for wireless telecommunications facilities, a public hearing shall be held by the Board, notice of which shall be published in the official newspaper of the Village no less than 10 calendar days prior to the scheduled date of the public hearing. The applicant shall notify all landowners, in writing, whose property is located within 1,500 feet of any property line of the lot or parcel on which the new wireless telecommunications facilities are proposed to be located and any property owner or organization directly impacted by the proposed facility, as determined by the Board, by certified mail, return receipt requested, no less than 10 calendar days prior to the scheduled date of the public hearing.

(2) There shall be no public hearing required for an application to co-locate on an existing wireless telecommunications facility or other structure, provided that there is no proposed increase in the height of the wireless telecommunications facility or other structure, including attachments thereto.

(3) The Board shall schedule the public hearing referred to in Subsection A of this section once it determines that the application is complete. The Village, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary. The Board may waive any part or item to be contained in the application upon request of that applicant for good cause shown as determined by the Board.

P. Action on application for special use permit.

(1) The Board will undertake a review of an application pursuant to this section in a timely manner, consistent with its responsibilities with SEQRA, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest.

(2) The Board may refer any application or part thereof to any advisory or other committee for a nonbinding recommendation.

(3) After the public hearing and after formally considering the application, the Board may approve, approve with conditions, or deny a special use permit. The Board's decision shall be in writing and shall be supported by substantial evidence contained in the record. The burden of proof for the grant of the permit shall be upon the applicant.

(4) Construction of a wireless telecommunications facility permitted under this section shall be started within 90 days of the date of the grant of the special use permit and be completed, obtain a certificate of completion, and provide service within 180 days of the date of the grant of the special use permit. If the requirements of this Subsection P(4) are not complied with, the wireless telecommunications facility shall be deemed to have been abandoned, the special use permit shall be revoked and the provision of Subsection Z shall be enforced.

Q. Recertification of special use permit.

(1) All special use permits approved pursuant to this section shall expire five years from the date of issuance unless, between 12 months and six months prior to the five-year anniversary date of the special use permit and all subsequent five-year anniversaries of the issuance of the original special use permit for wireless telecommunications facilities, the holder of a special use permit for such facility shall submit a signed, written request to the Board for recertification. In the written request for recertification, the holder of such special use permit shall include the following:

(a) The name of the holder of the special use permit for the wireless telecommunications facility.

(b) If applicable, the number or title of the special use permit.

(c) The date of the original granting of the special use permit.

(d) Whether the wireless telecommunications facility has been moved, relocated, rebuilt or otherwise modified since the issuance of the special use permit and, if so, in what manner.

(e) A representation that the wireless telecommunications facility is in compliance with the special use permit and compliance with all applicable codes, laws, rules and regulations.

(f) Recertification that the wireless telecommunications facility and attachments are designed and constructed and continue to meet all local, Village, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be made by a professional engineer, licensed in the state, the cost of which shall be borne by the applicant.

(g) A representation that the existing wireless telecommunications facility cannot be replaced by a wireless telecommunications facility of improved stealth technology which will reduce the visual impact of such existing facility.

(2) If, after such review, the Board determines that the permitted wireless telecommunications facility is in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations currently in effect, then the Board shall issue a recertification of the special use permit for the wireless telecommunications facility, which may include any new provisions or conditions that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facility is not in compliance with the special use permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Board may refuse to issue a recertification of the special use permit for the wireless telecommunications facility, and in such event, such wireless telecommunications facility shall not be used after the date that the applicant receives written notice of the decision by the Board and until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in the record and shall be promptly provided to the owner of the facility. In the event the wireless communications facility shall not be brought into compliance within 90 days from the date of the decision of the Board, the facility shall be removed by the permittee in accordance with Subsection Z below.

(3) If the applicant represents that the wireless communications facility can be replaced by a facility of improved visual appearance through the use of stealth technology pursuant to Subsection P(1)(g) above, the special use permit shall be renewed on the condition that the wireless telecommunications facility shall be replaced by a wireless communications facility of improved stealth technology as approved by the Board prior to the expiration of the conditional renewal.

(4) If the applicant has submitted all of the information requested and required by this section, and if the review is not completed as noted in Subsection P(2) above prior to the five-year anniversary date of the special use permit or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facility shall receive an extension of the special use permit for up to six months in order to complete the recertification review.

(5) If the holder of a special use permit for a wireless telecommunications facility does not submit a request for recertification of such special use permit within the time frame noted in Subsection P(1) above, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit or subsequent five-year anniversaries.

R. Extent and parameters of special use permits. The extent and parameters of a special use permit for wireless telecommunications facilities shall be as follows:

(1) Such special use permit shall be nonexclusive;

(2) Such special use permit shall not be assigned, transferred or conveyed without the express prior written notification of the Village of Sag Harbor; and

(3) Such special use permit may be revoked, canceled or terminated for a violation of the conditions and provisions, if any, of the special use permit or for material violation of this section.

S. Application fee.

(1) At the time of submission of an application for a special use permit for a wireless telecommunications facility, a nonrefundable application fee of $6,000 shall be paid to the Village. If the application is for a special use permit for co-locating on an existing wireless telecommunication facility or other structure, the nonrefundable fee shall be $3,000. Joint applications for co-location on one site shall be treated as separate applications.

(2) The application fee for recertification of a special use permit for a wireless telecommunications facility shall be $1,500 unless there has been a modification of the wireless telecommunications facility since the date of the issuance of the original special use permit for which the conditions of the special use permit have not previously been modified. In the case of any modification, the fees provided in Subsection R(1) shall apply. Any submissions or information provided of any kind shall simultaneously be provided to the Village's consultant.

T. Performance security. The applicant and the property owner of record of any wireless telecommunications facilities 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 in an amount of $100,000 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. For co-locations that do not increase the height of the structure attached to, the bond or other security shall be $50,000. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit, recertification 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 special use permit.

U. Reservation of authority to inspect. In order to verify that the holder of a special use permit for wireless telecommunications facilities and any and all lessees, renters and/or licensees of wireless telecommunications facilities place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Village may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.

V. Annual NIER certification. The holder of the special use permit shall, annually, certify to the Village that NIER levels at the site are within the threshold levels then currently adopted by the FCC and that the design and use of the wireless telecommunications facility, including its cumulative impact with other existing facilities, conform to the maximum NIER exposure standards promulgated by the FCC as then existing. Said certification shall include a report prepared in accordance with FCC Office of Engineering and Technology Bulletin 65, as amended. The Village may hire a consultant of its choosing to analyze and verify such certification; the cost of such consultant shall be reimbursed by the applicant or special use permit holder.

W. Liability insurance.

(1) The holder of a special use permit for a wireless telecommunications facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage for the duration of the special use permit in amounts as set forth below:

(a) Commercial general liability covering personal injuries, death and property damage: $2,000,000 per occurrence; $5,000,000 aggregate. Extensions: waiver of subrogation in favor of the Village;

(b) Automobile coverage: $1,000,000 per occurrence; $2,000,000 aggregate;

(c) Worker's compensation and disability: statutory amounts. Extensions: voluntary compensation. All states' coverage, employers' liability: unlimited.

(d) Umbrella liability: umbrella form: $5,000,000.

(2) The commercial general liability, automobile and umbrella insurance policies shall specifically include the Village and all elected and appointed officials, and its employees, volunteers, committee members, attorneys, agents and consultants as additional named insureds by endorsement to the policy of insurance.

(3) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.

(4) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Village with at least 30 days' prior written notice in advance of the cancellation of the insurance.

(5) Renewal or replacement policies or certificates shall be delivered to the Village at least 15 days before the expiration of the insurance that such policies are to renew or replace.

(6) Before construction of a permitted wireless telecommunications facility is initiated, but in no case later than 15 days after the grant of the special use permit, the holder of the special use permit shall deliver to the Village a copy of each of the policies or certificates representing the insurance in the required amounts.

X. Indemnification.

(1) Any application for wireless telecommunication facilities that is proposed for property located within the Village pursuant to this section shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save and hold harmless, and exempt the Village and its officers, boards, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of or are caused by the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Village. Said indemnity shall be signed by a duly authorized corporate officer or representative of the applicant.

(2) Notwithstanding the requirements noted in Subsection X(1) of this section, an indemnification provision will not be required in those instances where the Village itself applies for and secures a special use permit for wireless telecommunications facilities.

Y. Fines.

(1) In the event of a violation of this section or any special use permit issued pursuant to this section, the Village may impose and collect from the property owner and/or holder of a special use permit for wireless telecommunications facilities the fines or penalties as set forth below. A violation of this section is hereby declared to be an offense, punishable by a fine not exceeding $350 per day, per occurrence, or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 per day or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine of not less than $700 per day nor more than $1,000 per day or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this section or of such ordinance or regulation shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

(2) Notwithstanding anything in this section to the contrary, the holder of a special use permit for a wireless telecommunications facility may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this section or any subsection of this section. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The Village may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the Village.

Z. Default and/or revocation of special use permit.

(1) If wireless telecommunications facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the special use permit, then the Village shall notify the holder of the special use permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other subsection of this section, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Village may, at its sole discretion, order the violation remedied within 24 hours.

(2) If, within the period set forth in Subsection Z(1) above, the wireless telecommunications facilities are not brought into compliance with the provisions of this section or of the special use permit or substantial steps are not taken in order to bring the affected wireless telecommunications facility into compliance, then the Village may revoke such special use permit for such wireless telecommunications facility and shall notify the holder of the special use permit within 48 hours of such action.

AA. Removal; adherence to state/federal rules; waiver.

(1) Under the following circumstances the Village may determine that the health, safety and welfare interests of the Village warrant and require the removal of wireless telecommunications facilities.

(a) Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any three-hundred-sixty-five-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;

(b) Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard; or

(c) Wireless telecommunications facilities have been located, constructed or modified without first obtaining, or in a manner not authorized by, the required special use permit or any other necessary authorization.

(2) If the Village makes such a determination as noted in Subsection AA(1) of this section, then the Village shall notify the holder of the special use permit for the wireless telecommunications facility within 48 hours that said wireless telecommunications facility is to be removed. The Village may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facility.

(3) The holder of the special use permit or its successors or assigns shall dismantle and remove such wireless telecommunications facility and all associated structures and facilities from the site and restore the site to as close to its original condition as is possible within 90 days of receipt of written notice from the Village. However, if the owner of the property upon which the wireless telecommunications facility is located wishes to retain any access roadway to the wireless telecommunications facility, the owner may do so with the approval of the Board.

(4) If a wireless telecommunications facility is not removed or substantial progress has not been made to remove the wireless telecommunications facility within 90 days after the permit holder has received notice, then the Village may order officials or representatives of the Village to remove the wireless telecommunications facility at the sole expense of the owner and/or special use permit holder.

(5) If the Village removes or causes to be removed a wireless telecommunications facility, and the owner of the wireless telecommunications facility does not claim and remove it from the site to a lawful location within 10 days, then the Village may take steps to declare the wireless telecommunications facility abandoned and sell it and its components.

(6) Notwithstanding anything in this section to the contrary, the Village may approve a temporary use permit/agreement for the wireless telecommunications facility, for no more than 90 days, during which time a suitable plan for removal, conversion or relocation of the affected wireless telecommunications facility shall be developed by the holder of the special use permit, subject to the approval of the Village, and an agreement to such plan shall be executed by the holder of the special use permit and the Village. If such a plan is not developed, approved and executed within said ninety-day time period, then the Village may take possession of and dispose of the affected wireless telecommunications facility in the manner provided in this section.

(7) To the extent that the holder of a special use permit for a wireless telecommunications facility has not received relief or is otherwise exempt from appropriate state and/or federal agency rules or regulations, then the holder of such a special use permit shall adhere to and comply with all applicable rules, regulations, standards and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

(8) To the extent that applicable rules, regulations, standards and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, security and RF emissions standards are changed and/or are modified during the duration of a special use permit for a wireless telecommunications facility, then the holder of such a special use permit shall conform the permitted wireless telecommunications facility to the applicable changed and/or modified rule, regulation, standard or provision within 12 months of the effective date of the applicable changed and/or modified rule, regulation, standard or provision, or sooner, as may be required by the issuing entity.

(9) Waiver or modifications. The Board may waive or modify any of the provisions and requirements contained herein upon application of the applicant to the Board showing just cause for such waiver in order to further the purposes and intent of this section and compliance with the Telecommunications Act of 1996.

§ 300-11.12 Day-care facility.

A. A day-care facility is a private establishment enrolling seven or more children between zero and five years of age and where tuition, fees or other forms of compensation for the care of the children is charged and which is licensed and approved to operate as a day-care center or nursery school pursuant to the Social Services Law.

B. Any day-care facilities shall be designed to accommodate to the maximum extent the safe stopping and parking and departure of vehicles discharging and picking up children, encouraging the use of on-site areas wherever reasonable.

C. Any day-care facility shall not be located on a major thoroughfare or within 100 feet of the intersection of any street with a major thoroughfare.

D. An adequate on-site outdoor recreational area shall be provided, subject to adequate screening, fencing, location only in a rear yard and use limited to between 9:00 a.m. and 5:00 p.m.

E. No swimming pool facility shall be located at the site of a day-care facility or within 250 feet of any such facility.

§ 300-11.13 Dish antennas.

A. A dish antenna exceeding 18 inches in diameter shall be deemed a structure and shall be subject to the provisions of this chapter relating to structures.

B. A dish antenna may be installed and maintained on a lot in any district as an accessory use for purposes customarily incidental to the principal use conducted on the lot, provided that:

(1) The diameter of such dish antenna shall not exceed one meter (39.37 inches).

(2) Such dish antenna shall be mounted on the ground, except as hereinafter provided. In the VB Village Business and WF Waterfront Districts, such dish antenna may be mounted on the roof of a building and the number of such dish antennas mounted on the roof shall not exceed one per building, and the dish antenna shall be concealed from public view.

(3) Such dish antenna shall be installed in conformity with the provisions of this chapter relating to accessory structures.

(4) Such dish antenna shall be installed at the location approved by the Board of Historic Preservation and Architectural Review, provided same is concealed from public view.

(5) The height of such dish antenna shall not exceed the height approved by the Board of Historic Preservation and Architectural Review, and said Board shall limit its approval to the smallest dish antenna available in the marketplace and reasonably useful at the subject site.

(6) Landscape screening for such dish antenna, approved by the Board of Historic Preservation and Architectural Review, shall be installed and maintained.

C. No building permit shall be issued for a dish antenna unless and until the location and height thereof and landscape screening therefor shall have been approved by the Board of Historic Preservation and Architectural Review. The plans submitted with an application for a building permit shall include a site plan showing the proposed location and proposed height and a landscape plan showing the proposed screening.

D. In determining whether to approve or disapprove the proposed location, height and landscape screening, the Board of Historic Preservation and Architectural Review shall consider the following standards:

(1) The dish antenna shall be installed at a location which minimizes or avoids, to the maximum extent practicable, the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.

(2) The height of the dish antenna shall not exceed a height which minimizes or avoids, to the maximum extent practicable, the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.

(3) Landscaped screening shall be provided which minimizes or avoids, to the maximum extent practicable, the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.

§ 300-11.14 Fast-food establishment.

A. An accessory drive-in/drive-through window is prohibited.

B. No more than 50% of a site or lot devoted to a fast-food restaurant shall be covered by buildings, paving or other impervious surfaces. All nonimpervious areas of the site shall be landscaped or otherwise vegetated by means of lawn, ground cover, shrubs, trees and other plantings. However, as much of the natural and existing ground cover shall be preserved. Plantings shall be native vegetative species, not ornamental, and shall be such species that require little irrigation or watering.

C. No outside banners, flags (other than a municipal flag or flag of the United States of America), sandwich boards, directional window signs or other outside temporary signage shall be permitted.

D. The external appearance and overall design of the facility shall be as specified by the Board of Historic Preservation and Architectural Review incident to architectural/design review. The Board of Historic Preservation and Review may require the applicant or owner to modify or omit standardized signs, facades, materials or other elements of the facility's external appearance and overall design which, while ordinarily employed at other of the applicant's establishments, violate provisions of the Zoning Code or are found to be unsatisfactory to said Board relative to the goals and objectives of the Zoning Code.

E. Parking areas and vehicular and pedestrian circulation areas shall be lit at night only to the extent necessary to provide safe and convenient vehicular and pedestrian circulation when the restaurant is open and shall be switched off 1/2 hour after closing and may not be turned on until 1/2 hour prior to opening.

F. All service areas, such as unloading operations and garbage pickup, mechanical equipment and such facilities as packer units, RPZ valves, LP tanks, transformers, condensers, heating, ventilating and air-conditioning units, etc., shall be screened from streets and common driveways and adjacent properties by means of opaque screening in the form of fencing or plantings, or a combination thereof, to a height of at least six feet.

G. A row of shrubs or other landscape material which is no less than three feet in height shall be provided along the outside perimeter of all parking and on-site circulation areas. However, such landscaping shall not block sight lines within the site. No outdoor storage of any kind, whether temporary or permanent, and whether screened or not, shall be permitted.

H. All garbage and refuse shall be stored in facilities within the main building. No accessory structures or buildings, whether screened or enclosed, shall be provided for such purposes. In addition, no walk-in freezer units shall be placed in accessory structures or buildings.

I. No outdoor seating areas and no outdoor or indoor play lands or playgrounds shall be provided in conjunction with or accessory to a fast-food restaurant.

J. No lighting shall be placed on the roof, nor shall any roof be lit directly or indirectly by externally mounted lights.

K. No fast-food restaurant shall be open before 6:00 a.m. on any day nor close after 11:00 p.m. on weekdays and 12:00 midnight on weekends or holidays.

L. Service deliveries and any loading or unloading operation shall only occur between 6:00 a.m. and 6:00 p.m.

M. Garbage pickup shall not be provided prior to 7:00 a.m. on weekdays and 8:00 a.m. on weekends or holidays.

N. No outdoor speakers, nor any outdoor music or public-address system, shall be provided.

O. No fast-food restaurant shall be permitted on a flagpole lot.

P. The overall appearance and layout of the fast-food restaurant, including both the building and the site, and the operation thereof, shall be designed to be in conformity with the character of the community in which it is located. Generic and standard architectural design derivatives of national or regional chains shall not be permitted. Architectural design, including the use of facade materials, roof materials, window and door treatments, lighting, landscaping and signage, shall be reflective of and harmonious with the vernacular architecture of the particular hamlet in which the fast-food restaurant is located.

Q. There shall be adequate off-street parking and loading spaces to serve the proposed use, including the parking of oversized vehicles. In the interest of public safety, no vehicle related to such use shall use the shoulder of an adjacent public street for parking or loading.

§ 300-11.15 Funeral home.

A. A funeral home shall not be located on any parcel less than two acres in lot area with at least 100 feet frontage on a public street.

B. Parking shall be prohibited in any front yard.

C. Evergreen screening specified by the Planning Board shall be maintained along all side and rear lot lines.

D. Any building service entry shall be limited to the rear of the premises only and shall be adequately screened from the view of all adjacent properties.

E. Any application for a special exception approval shall be accompanied by a complete copy of any approval required from any other agency, including, by way of illustration not limitation, the Suffolk County Department of Health Services.

§ 300-11.16 Grocery store, hardware store and home furnishings store.

A. The Board of Trustees finds on the basis of an analysis of the size of all land uses historically located in the Village that certain uses typically require a size greater than others, that these uses while greater in size are consistent with and respectful of the existing character of the commercial area of the Village, and that these uses provide services that are uniquely useful in supplying necessary goods to the local community. Most evident of this limited list of uses is a grocery store, a hardware store and a home furnishings store. Other uses, for example, restaurants, real estate offices, clothing stores, art galleries, bars and taverns, liquor stores, drugstores, bookstores, variety stores, and the like, have been identified in the same analysis as businesses that are successful using much less required space, typically always less than 3,000 square feet. To the extent any use greater than 3,000 square feet may risk impacts on the community that may be addressed at the development stage of any such use, the Board of Trustees hereby enacts these special standards for grocery stores, hardware stores and home furnishings stores greater than 3,000 square feet.

B. Special exception approval may be granted by the Planning Board for a grocery store, hardware store or home furnishings store in the VB District or Office District, provided:

(1) The site plan depicts compliance with the parking requirements of this chapter.

(2) The Planning Board shall determine that the proposed use(s) will not have an undue adverse impact on the community. In making such a determination, the applicant shall conduct or hire a consultant to conduct a market and municipal impact study at the expense of the applicant. The Planning Board shall be afforded the opportunity to consider its own such study. Such study shall include, but shall not be limited to, an analysis of the projected impact of the retail store(s) on:

(a) The existing local retail market, including market shares, if applicable.

(b) The supply and demand for local retail space.

(c) Revenues retained within the local economy.

(d) Effects on retail operations in the surrounding market area.

(e) The Village's ability to implement its Comprehensive Plan consistent with the proposed project.

(f) Traffic study.

(g) The anticipated impact of the proposed use on the historic character of the VB and OD Districts.

(h) A comparison of the proposed use with existing similar uses, if any.

(i) An analysis of products sold, i.e., the percentage of grocery products in a grocery store or the percentage of hardware products in a hardware store or the percentage of home furnishings in a home furnishings store.

(3) In no event shall any use be larger than 8,000 square feet.

(4) For every 1,000 square feet or portion thereof greater than 3,000 square feet of additional building space, one second-floor apartment shall be provided. Any such apartment shall be reserved for a moderate-income family, as defined by the U.S. Department of Housing and Urban Development, and its occupancy shall be governed by the provisions of § 300-11.6B.

(5) Where a site adjoins land zoned R-20, any special exception approval shall be conditioned on transitional yards of not less than 40 feet.

§ 300-11.17 Outdoor dining accessory to restaurants and retail food stores.

[Amended 3-9-2021 by L.L. No. 2-2021]

A. Any outdoor dining shall be accessory to the principal use, which shall be an indoor restaurant with indoor tables and seats or a retail food store.

B. The total number of seats, indoor and outdoor, shall not exceed the approved maximum number of seats per the certificate of occupancy, or where not specified, as determined by the Building Inspector. Any application for outdoor dining for an indoor restaurant shall be accompanied by a copy of the current certificate of occupancy indicating approved maximum number of seats.

C. For other retail food stores, the number of outdoor seats shall be limited to a maximum of 10 seats.

D. Any application hereunder shall be accompanied by a plan of the proposed outdoor dining area illustrating the proposed number of seats and the configuration and related improvements.

E. Any outdoor dining shall not, where applicable, absent compliance with the parking requirements of this chapter and compliance with all requirements for sanitary waste disposal, serve to increase the seating capacity of a restaurant, and any special exception use approval, absent such compliance, shall require removal of indoor seats equal in number to the outdoor seats.

F. Any outdoor dining shall be situated underneath a roof covering, of any kind, that is acceptable to and required by the Planning Board or the Suffolk County Department of Health Services.

G. Hours of operation of an outdoor dining area shall not be later than 12:00 midnight.

H. No trash or refuse shall be stored or collected in the outdoor dining area, and any such area shall be maintained free of litter.

I. Any approval hereunder shall be preceded by inspection reports from the Building Inspector and Fire Marshal finding the premises suitable for such use, and any approval shall be conditioned on maintenance of procedures that may be required to assure public safety.

J. For any outdoor dining area proposed to be located on any public property, including, by way of illustration but not limitation, a sidewalk, the following shall also apply:

(1) The outdoor dining shall be subject to prior issuance of a license therefor by the Board of Trustees;

(2) The outdoor dining shall be limited to an area within the width of the building;

(3) The outdoor dining shall not extend more than six feet into any sidewalk;

(4) The outdoor dining shall provide an unobstructed sidewalk width of no less than 36 inches as measured between the outdoor seating and the edge of sidewalk or any physical obstruction;

(5) The outdoor dining area may be required by the Planning Board to have nonpermanent barriers to delineate dining areas consisting of planters, stanchions, or similar structures.

(6) Unless otherwise approved by the Planning Board, all tables and chairs used for outdoor dining shall be removed nightly on any public property and seasonally when not in active and continuous use on private property;

(7) Any application hereunder shall be accompanied by a plan of the proposed outdoor dining area illustrating the proposed number of seats and the configuration and the width of the sidewalk available for pedestrian passage, including minimum distance between the outdoor dining area and any physical obstruction on the sidewalk or to the edge of sidewalk; and

(8) All outdoor dining areas on public property shall be used for the service of food to seated patrons for the consumption of prepared foods from retail food stores and restaurants by seated patrons. Service of beverages shall be accessory to the service of food. Patrons shall not be permitted to use outdoor dining areas for the consumption of beverages only. Service of food or beverages on public property to persons that are standing is prohibited.

§ 300-11.18 Public and private schools.

A. Public and/or private schools are a special exception use in the R-20 and OD zoning districts.

B. Any such use shall be subject to special exception approval of the Planning Board.

C. Any such approval shall be subject to the following standards:

(1) Adequate on-site land area for picking up and dropping off of students;

(2) Adequate on-site recreational area;

(3) Prohibition on boarding or residential use;

(4) Compliance with requirements of Suffolk County Department of Health Services and the schedule of off-street parking spaces under this chapter;

(5) Accreditation if required by the appropriate agencies of the State of New York;

(6) Absence of outdoor speakers and audio systems;

(7) Use of exterior lighting designs least intrusive of neighboring properties;

(8) Maintenance of vegetated buffers in side and rear yards so as to maintain privacy of adjacent uses; and

(9) Compliance with all applicable general special exception standards.

§ 300-11.19 Tables and chairs as accessory to retail food store.

Tables and chairs or counters and stools for on-premises consumption as an accessory use to a retail food store, subject to the following special standards:

A. No such accessory use shall be allowed, excepting retail food stores lawfully existing in the VB Village Business and WF Waterfront Districts on the effective date of this amendment of Chapter 300 of the Village Code.

B. The total number of chairs and/or stools shall not exceed six.

C. Waitresses, sit-down food service, menus, chefs and similar features of a restaurant are not permitted.

D. Additional parking shall be supplied (unless the additional parking spaces are already available on site) at the rate of one space per three seats or stools, or part thereof, or a variance obtained for said space(s).

E. Any such special exception approval shall be conditioned upon the further approval of the Board of Historic Preservation and Architectural Review.

§ 300-11.20 Convenience store at a filling station.

A. General standards.

(1) Any convenience store shall operate with limited hours that shall not be greater than the operation of the filling station for the sale of gasoline. In no event shall the convenience store operate as a separate nonaccessory or independent use unrelated to the filling station.

(2) In no event shall a convenience store exceed 600 square feet of gross floor area for the display of goods for retail sale.

(3) In all events, a convenience store shall be a typical mini mart, subordinate to the principal use as a filling station.

(4) No convenience store shall be located within less than a fifty-foot front yard setback and side yards of not less than 30 feet; no convenience store shall exceed a height of 20 feet and one story and total lot coverage for all structures at any such site inclusive of a filling station, its accessory structures, the convenience store and any canopy shall not exceed lot coverage of 8% or, if the site includes an automobile repairs and service use in addition to the sale of gasoline and the operation of a convenience store, then the total lot coverage shall not exceed 15%.

(5) The location of fuel tanks shall be approved by the Fire Marshal.

(6) Any dumpster must be fully enclosed and its location approved by the Planning Board. Outdoor storage of tires is prohibited.

B. Landscaping.

(1) At least 35% of any site at which a convenience store and filling station is located shall be maintained with landscaping.

(2) At least 10 feet along the front lot line shall be landscaped.

(3) There shall be a planted buffer along the border with any parcel zoned or employed for residential purposes. The planted buffer shall be a minimum of 30 feet wide and shall contain evergreens which are at least six feet in height when planted and set approximately six feet apart. There shall also be a six-foot-high fence of type and design as set by the Planning Board during site plan review. However, if fencing is placed within 20 feet of any right-of-way, said fencing shall be four feet in height and said evergreens planted and maintained at four feet in height.

C. Parking and access.

(1) Any approval of a convenience store as a special exception use still requires an affirmative finding by the Planning Board that the addition of a convenience store at a filling station shall not result in traffic congestion; that there shall be adequate area on the site, separate from any area used by cars buying fuel, for the parking of automobiles and the delivery of goods, in no event less than one space per 100 square feet of the gross floor area of the convenience store; and that the convenience store would not be an intensification of any existing use of the premises as a filling station. For purposes of this subsection, an impermissible intensification would be a convenience store use which is not subordinate to the filling station use and/or which exceeds 600 square feet of gross floor area and/or which is not consistent in character with the filling station including the typical, subordinate uses of a filling station.

(2) Driveways shall be offset a minimum of 25 feet from grading or point of intersection with any right-of-way and 25 feet from any adjoining property at the curbline.

(3) There shall be a minimum of one driveway per front yard and a maximum of two driveways per front yard and no more than two driveways per street frontage. Any one-way driveway shall be 14 feet in width.

D. Lighting.

(1) All lighting for the site must comply with §§ 300-9.9 and 300-14.4A(5).

(2) All light fixtures shall be mounted at the lowest practical height, taking into account the area to be illuminated and the relationship between the mounting height and the number of fixtures required to illuminate that area. Light fixtures shall not be mounted at a height greater than 12 feet above natural grade unless a greater mounting height is required by the nature of the use or the size of the structure.

(3) All exterior lighting and illumination shall be extinguished when the gasoline facilities are closed for operation.

E. Signs.

(1) The price/grade signs must at all times accurately reflect the actual price of automotive fuel and kerosene being offered for sale. Any sign is limited to the price of fuel, must be no larger than the minimum required by county or state law, and in no event may be internally illuminated.

(2) Signs bearing the corporate insignia and/or brand name of the gasoline sold and/or type of services available on site (i.e., full-service and/or self-service) shall be the only signs permitted on the canopy.

(3) Signs affixed to or incorporated into the canopy shall not face residentially zoned or developed properties.

(4) One additional sign, measuring no larger than 24 inches by 24 inches or four square feet, and having a depth of no more than one inch, shall be allowed at each product dispenser, which identifies said product dispenser and/or pump island as providing full service and/or self-service.

F. Outdoor display of goods of any kind at a convenience store is prohibited.

§ 300-11.21 Keeping of chickens.

[Added 7-12-2011 by L.L. No. 7-2011]

A. The number of chickens or bantams shall not exceed one per 3,500 square feet of lot area, and in no event more than 18 on any parcel.

[Amended 7-10-2012 by L.L. No. 7-2012]

B. Commercial sale of any chicken, bantam or poultry product is prohibited.

C. Roosters are prohibited.

D. Any coop structure, exclusive of an outdoor pen, shall not exceed 100 square feet or 10 feet in height, shall be located in a rear yard only and shall maintain a setback to any side or rear yard line of not less than 20 feet.

E. Any outdoor area used by chickens or bantams shall be fenced so as to prohibit harm to the chickens or bantams and so as to limit the chickens or bantams to within the fenced area.

F. (Repealed)[1]

[1] Editor's Note: Former Subsection F, regarding the authority of the Zoning Board of Appeals to grant variances, was repealed 7-10-2012 by L.L. No. 7-2012.

G. In addition to any other public notification requirements, any application under this section shall require the applicant to mail by certified mail a notice of said application including a plot plan showing any coop or other structure and fenced area to each bounding neighbor at least 14 days prior to any hearing for said application.

H. At no time shall any premises permitted in this section be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners or occupants.

I. Notwithstanding any provision of this chapter to the contrary, the application fee for this special exception use shall be $50.

§ 300-11.22 Restaurant as accessory to a resort motel.

[Added 8-9-2011 by L.L. No. 8-2011]

A. A restaurant established as an accessory use to a resort motel shall meet all the provisions of the definition of a restaurant pursuant to § 300-2.2 of this chapter, except as provided herein.

B. The restaurant use shall be located as an accessory use in one of the principal buildings utilized for the resort motel use and shall not occupy more than 20% of the gross floor area of the resort motel. A free-standing accessory restaurant shall not be permitted.

C. The number of seats for the accessory restaurant shall not exceed one seat per 300 square feet of gross residential floor area devoted to the resort motel use. The term "gross residential floor area" shall be as determined by the New York State Uniform Fire Prevention and Building Code.

D. The accessory restaurant use may be operated only if the principal resort motel use is active and in use.

E. Said accessory use shall not be construed to include any form of tavern, bar, nightclub, discotheque, or other form of entertainment establishment; provided, however, that music and entertainment may be permitted only pursuant to a permit issued as provided by Chapter 122 of this Code.

F. Outdoor dining may only be permitted pursuant to a permit issued pursuant to § 300-11.17 of this chapter.

G. The parking requirements for a resort motel and restaurant shall not be cumulative. The more restrictive parking requirement shall apply. Nothing herein shall be deemed to supersede any exemption from parking requirements vested in a preexisting resort motel use pursuant to § 300-9.6I of this chapter.

H. There shall be no off-site or take-out dining for nonhotel guests.

I. In order to establish a restaurant as an accessory use to a resort motel, said motel shall have a minimum of 25 guest rooms.

J. All permitted accessory uses for a resort motel shall not exceed 25% of the gross floor area.

§ 300-11.23 Uses or structures greater than 3,500 square feet of gross floor area in the Waterfront Overlay District.

[Added 1-11-2022 by L.L. No. 1-2022]

A. The Planning Board is hereby authorized to review special exception use permit applications submitted pursuant to this section as set forth herein. Single family residential dwellings, accessory structures and uses located in the R-20 Zoning District are exempt from special exception permit review in Village Code § 300-11.23.

[Amended 9-12-2023 by L.L. No. 7-2023]

B. This section shall also apply to a group of buildings or structures on one or more contiguous lots under common ownership or control with a gross floor area greater than 3,500 square feet in the aggregate.

C. The application shall comply with the standards outlined in § 300-11.3, General standards, in addition to all of the applicable requirements of this chapter. When required, the application shall also comply with Village Code Chapter 285, Wetlands; Chapter 275, Waterfront Consistency Review; and Chapter 300, Zoning.

D. The Planning Board shall determine whether the proposed use is consistent with the Village Comprehensive Plan, WFOD standards and whether it will have an undue adverse impact on other properties or current uses within the WFOD and community. In making such a determination, the Planning Board shall consider and apply the following standards:

[Amended 4-11-2023 by L.L. No. 3-2023; 9-12-2023 by L.L. No. 7-2023]

(1) Whether the proposed use and design is consistent with the goals, spirit and intent of § 300-15.1 of the Village Code (WFOD).

(2) Whether the design, scale and appearance of the buildings on-site are compatible with each other and with the neighborhood, adjacent properties, and the WFOD, including a consideration of the materials used, roof pitch, variation in rooflines, facade, arrangement of windows and doors, and architectural style and details.

(3) The applicant demonstrates a need for a building or building complex larger than 3,500 square feet; and

(4) The size of the subject property can accommodate the proposed building and use.

(5) Traffic:

(a) Submission of a traffic impact analysis which determines that the existing roadway network in the area of the proposed development will be able to handle the existing through traffic, plus the additional traffic that the development will generate; and

(b) The project design must addresses the anticipated traffic generated by the proposed use and ensures adequate traffic circulation, access to the property, public safety, and motorist and pedestrian convenience.

(6) Whether adequate parking is provided on-site and screened from adjacent residential properties by incorporating shade trees and landscape features into the design. A parking plan shall be provided and such plan shall be made as unobtrusive as possible by incorporating shade trees and landscape features in the design, while respecting transition yard and buffer requirements.

(7) Whether buildings, site designs, and on-site activities are consistent with Chapter 167, Noise, of the Village Code and incorporate appropriate measures to ensure that site activities and operations do not generate noise that adversely affects adjacent residential uses and districts.

(8) Whether the design includes transitional side and rear buffers to be installed and maintained by the nonresidential property owner along the property lines, including landscape plantings and a fence or berm.

(9) Principal structures shall be set back 25 feet from any rear property line or a minimum of five feet from the required transition yards or buffers, whichever is greater. The Board of Trustees may but shall not be required to allow lesser setbacks when preexisting, nonconforming buildings are incorporated into the proposed special exception use, and the Board finds that the use of such building setbacks shall not cause adverse impacts due to the proposed special exception use.

(10) The maximum height of structures in the WFOD shall be governed by Village Code § 300-15.3D.

(11) Whenever practical, the primary structure on the lot shall have its main entrance facing the principal street on which it is located.

(12) Signs shall meet the standards set forth in § 300-9.7 of the Village Code.

(13) A waste management plan shall be required to ensure that the site is kept clean and free from litter, vermin and odors. The details of such plan shall be presented to and approved by the Planning Board during site plan review but must include, at a minimum, details regarding dumpster location, method and design of screening, and days and times of garbage pickup. Waste receptacles shall be designed to be sensitive to adjacent residential properties and waste receptacles recessed within principal buildings are encouraged.

(14) Submission of a drainage plan and stormwater pollution plan, prepared by a New York State licensed engineer shall be submitted to determine whether the proposed development of the property will result in a negative impact to the waterfront, groundwater, or surface waters. Proposed plans shall comply with Chapter 232, Stormwater Management.

§ 300-11.24 Passenger ferry use in the PC Zoning District.

[Added 10-12-2021 by L.L. No. 4-2022]

A. Notwithstanding any provision of the Village Code of the Village of Sag Harbor to the contrary, the Village Board of Trustees shall be authorized to grant a seasonal special permit for the establishment of a passenger-only ferry use on Long Wharf within the Parks and Conservation (PC) Zoning District. Such permit shall be seasonal and valid only between May 1 and October 31 . No vested rights for the continuation of such use shall accrue by virtue of the issuance of such seasonal, special permit.

B. In issuing such a seasonal special permit, the Village Board of Trustees shall consider the following:

(1) The general standards for a special exception use as enumerated in § 300-11.3 of Chapter 300, Zoning, of the Sag Harbor Village Code.

(2) The State Environmental Quality Review Act (SEQRA).

(3) The Local Waterfront Revitalization Plan (LWRP) of the Village of Sag Harbor.

(4) The requirements of Chapter 275 ,Water Consistency Review, of the Sag Harbor Village Code.

(5) The requirements of Chapter 278, Waterways, of the Sag Harbor Village Code.

C. The Village Board of Trustees may impose such reasonable conditions as it shall deem necessary to protect the public health, safety and general welfare of the Village.

D. No additional approvals shall be required from the Village of Sag Harbor for the establishment of this use pursuant to a special permit.

E. In considering an application for the seasonal special use permit, the Village Board of Trustees shall utilize the procedure.