A.
Accessory buildings.
(1)
Accessory buildings shall be located no less than the required front
yard setback for the applicable zoning district from any street line
or five feet from any side or rear lot line, except that party wall
private garages for not more than two cars may be erected in any residence
district across a side lot line between two adjacent lots.
(2)
No accessory building shall be located nearer the front lot line
than the principal building to which it is accessory.
(3)
No accessory building shall exceed a height of 20 feet or 1 1/2
stories in height.
(4)
No accessory building or combination of accessory buildings in an
MDR, DT or DB Zoning District shall exceed 800 square feet in floor
area. Basements, cellars and unfinished attics shall not be included
in the calculation of floor area.
(5)
Accessory buildings shall be counted toward the building and impervious
coverage calculations required by Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(6)
Accessory buildings shall complement the principal building in terms
of materials, roof form, and architectural detailing.
(7)
In residential zoning districts, garages for the storage of noncommercial
motor vehicles may be incorporated as a part of a residential building
or located in an accessory building on the following conditions:
(a)
In a one-family zoning district, a garage may provide for the
storage of one motor vehicle for each 2,500 square feet of lot area,
up to a maximum of four motor vehicles.
(b)
In MDR Zoning Districts, a garage may provide for the storage
of one motor vehicle for each 1,500 square feet of lot area, up to
a maximum of four motor vehicles.
B.
Adult uses. It is recognized that there are some adult uses which
have serious objectionable operational characteristics, particularly
when located in close proximity to residential neighborhoods and other
sensitive land uses. The objectionable characteristics of these uses
are further heightened by their concentration in any one area, thereby
having deleterious effects on adjacent neighbors. The special regulations
deemed necessary to control the undesirable secondary effects arising
from these enterprises are set forth below. The primary purpose of
these controls and regulations is to preserve the integrity and character
of residential neighborhoods and important natural and human resources
of the Village; to deter the spread of blight; and to protect minors
from objectionable characteristics of these adult uses by restricting
their proximity to residential neighborhoods, religious uses, schools,
nursery schools, day-care centers, educational institutions, parks,
historic and scenic resources, and civic or other cultural facilities.
(1)
No adult use shall be permitted in a building any part of which is
used for residential purposes, including nonconforming residential
uses.
(2)
No more than one adult use shall be permitted in any building or
on any lot.
(3)
The exterior of the adult use structure shall be consistent with
the character of the surrounding structures and shall not detract
from the appearance of the neighborhood.
(4)
An adult use shall not be located within 750 linear feet from any
residential zoning district or existing residential use, religious
use, school, nursery school, day-care center, educational institution,
park, historic and scenic resource, and civic or other cultural building,
or another adult use. Distance shall be measured in a straight line
from the closest structural wall of such adult use to the closest
property boundary of such residential use, religious use, school,
nursery school, day-care center, educational institution, park, historic
and scenic resource and civic/cultural building.
C.
Auto-related uses. Auto-related uses shall:
(1)
Be located within the DG Zone, be at least 200 feet from any residential
zoning district, existing residential use, or civic or institutional
building, and require a special permit.
(2)
Be designed to ensure proper functioning of the site as related to
vehicle stacking, circulation and turning movements.
(3)
Conduct any vehicle repair or storage within an enclosed building.
Temporary vehicle storage may be allowed in an outdoor storage area
that shall be no larger than 25% of the total lot area. Such areas
shall be located to the rear of the principal structure and be suitably
screened. The height of materials and equipment stored shall not exceed
the height of the screening fence or wall.
(4)
Have no outdoor speaker or public address system which is audible
off site.
(5)
Not park or store a vehicle as a source of parts or park or store
a vehicle for the purpose of sale or lease/rent.
D.
Bed-and-breakfast. Bed-and-breakfasts shall:
(1)
Have the owner-operator residing on or adjacent to the premises.
(2)
Be limited to a maximum of six guest rooms.
(3)
Not include cooking facilities in guest rooms, including but not
limited to stoves, grills, or ovens.
(4)
Limit meal service to breakfast for paying guests.
(5)
Limit exterior alterations to those necessary to assure safety of
the structure or enhance compatibility of the bed-and-breakfast with
the surrounding neighborhood.
(6)
Limit advertising signage to one on-site sign with a maximum of nine
square feet in area and a maximum of four feet in height as measured
from the top of the sign.
E.
Clubhouses, community centers and places of worship.
(1)
Any such use of 1,500 square feet or greater floor area requires
a special permit and shall be located on a parcel or site that fronts
on an arterial or connector road, as defined by the Vision Plan.
(2)
A day-care center, senior center, elementary or secondary school
associated with and located on the same parcel as a place of worship
shall be considered a second principal use and requires approval as
such.
(3)
The Village Board of Trustees shall have the authority to grant modifications
to any of the standards listed in this subsection in order to eliminate
a substantial burden on religious exercise as guaranteed by the federal
Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C.
§ 2000cc et seq.), as amended.
F.
Clustered development.
(1)
Purpose. The purpose of this subsection is to facilitate new residential
cluster development and to:
(a)
Encourage creative and flexible site design that is sensitive
to the land's natural features and adapts to the natural topography;
(b)
Provide incentives for projects that meet community goals, including
but not limited to open space protection, connectivity and circulation,
affordable housing, green building, and public gathering spaces and
recreation opportunities;
(c)
Protect environmentally sensitive areas of a development site
and preserve open space and natural features permanently;
(d)
Promote cost savings in infrastructure installation and maintenance
by techniques such as reducing the distance over which streets and
utilities, such as sewer and water lines, must be run;
(e)
Promote a variety of dwelling unit sizes and types; and
(f)
With respect to density bonuses, the intent is to maximize open
space.
[Amended 6-14-2011 by L.L. No. 6-2011]
(2)
Applicability. The tables in Appendix A[2] establish the zoning districts where cluster development
is allowed as a permitted use.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(3)
Permitted uses. The appropriate mix of uses within a cluster development
shall be determined by the Planning Board and/or Board of Trustees
through the site plan review process. At a minimum, all principal
and accessory uses authorized in the OF Zoning District shall be allowed
within a cluster development. The approving body, as part of the required
site plan review, may permit additional uses, including but not limited
to attached and multifamily housing, civic and institutional uses,
and limited commercial uses such as neighborhood serving retail sales
and service uses. In approving such additional uses, the approving
body shall make specific findings as to the consistency of the uses
to the purposes of this chapter and to the protection of the health,
safety and welfare of the Village.
(4)
Base dimensional standards.
(a)
The dimensional standards of the underlying zoning district
shall serve as the base standards for the district.
(b)
Modifications to the base standards shall be approved as part
of the required site plan review.
(c)
A deed restriction shall be included in the deed for each property
filed with the Westchester County Clerk prohibiting future development
on the open space parcel(s), and a notation mirroring the deed restriction
shall be included on the filed plat.
(d)
Open space parcel(s) provided by a clustered development may
be conveyed in one of the following ways:
[1]
To the Village of Dobbs Ferry, subject to approval by the Board
of Trustees, for use as park, open space, or other specified uses
for public benefit. The Land Use Officer, with assistance from the
Conservation Advisory Board, shall monitor such parcels to ensure
that any land conveyed to the Village pursuant to this subsection
shall be maintained according to general standards of conservation
practice (e.g., documentation of baseline conditions, regular monitoring,
and the enforcement of any terms of the deed restriction or other
legal requirements);
[2]
To a nonprofit organization whose principal purpose is the conservation
of open space; or
[3]
To a homeowners' association, corporation or trust owned or
to be owned by the owners of lots or dwelling units within the residential
cluster development. If such a corporation or trust is used, ownership
shall pass with the conveyances of the lots or dwelling units.
(e)
Density bonuses.
[1]
Except as provided in Subsection F(4)(e)[2] below, the maximum number of dwelling units proposed for a residential cluster development shall not exceed the number of dwelling units otherwise permitted for the tract by the standards of the underlying zoning district.
[2]
In order to further the objectives of the Vision Plan, the Board
of Trustees and/or the Planning Board may provide density bonuses
in accordance with this subsection in exchange for an applicant providing
one or more of the following facilities or amenities:
[a]
Protection of open space areas;
[b]
Protection and/or rehabilitation of historic buildings,
structures, archaeological sites, or other resources recognized as
eligible for listing on the State or National Register of Historic
Places or as a local landmark;
[d]
Design of the development to qualify for LEED certification
as defined by the U.S. Green Building Council; and
[e]
Maximizing and facilitating public ingress, egress,
access to and enjoyment of the open space parcel associated with the
residential cluster development by providing linkages such as trails
and bicycle/pedestrian paths between the open space and the rest of
the Village.
[3]
For applicants who provide or make provision for amenities and facilities listed in Subsection F(4)(e)[2] above, the Board of Trustees and/or the Planning Board may, at its discretion, award bonuses by increasing the density of the underlying zoning district up to a maximum of 20%. A bonus awarded under this provision may be in any increment between 0% and 20% in proportion to the degree to which the proposed amenities confer benefits identified in Subsection F(4)(e)[2] above, and shall be computed by reducing the minimum size of plot per family by the amount of the bonus. For example, if a bonus of 10% were allowed, permissible density would be calculated based on a reduction of the minimum lot per family from 2,500 square feet to 2,250 square feet. The bonus permitted under this subsection is a bonus in permissible density only and does not authorize any enlargement of the permissible bulk or lot coverage of buildings to be constructed.
[4]
In awarding a density bonus under this subsection, the Board
of Trustees and/or the Planning Board shall make specific findings
that set forth in detail the amenities to be provided by the applicant,
how those amenities further the purposes of the Vision Plan and, in
particular, how they preserve and enhance the unique aesthetic, recreational,
environmental and historic qualities and features of the district
and the Village for the maximum benefit and enjoyment of the entire
community and otherwise promote the public health, safety and welfare
of the community. The findings shall also set forth in detail the
relationship between the amenities being provided and the bonus being
awarded and shall specify the rationale supporting the proportionality
of the amenities to the bonus.
[5]
Development applications for residential density in excess of
the maximum density available under these provisions shall seek a
rezoning to a more intensive zoning district. In such case, any rezoning
shall continue to require the new development to meet the cluster
development standards of this subsection, modified for the more intensive
base density.
G.
Dormitory. A dormitory shall:
[Added 6-14-2011 by L.L. No. 6-2011[4]]
(1)
Be located only in an EI Zoning District.
(2)
Be under the direct management and administration of an educational
facility.
(3)
All residents in a dormitory shall be matriculated students at the
education facility responsible for the management of the dormitory,
except that representatives of the educational facility may also be
residents of the dormitory for the sole purpose of supervising the
resident students at a ratio not to exceed one resident supervisor
per 12 students.
(4)
Dormitories shall require a special permit issued by the Planning
Board.
H.
Entertainment or recreation uses, outdoor.
I.
General sales or service.
(1)
In the DB District, no general sales or service use shall exceed
10,000 square feet in floor area.
(2)
In the DT District, no general sales or service use shall exceed
5,000 square feet in floor area.
(3)
In the MDR-1 and MDR-2 Districts, no general sales or service use
or office use shall exceed 1,500 square feet in floor area.
J.
Group home. In furtherance of the policy of the State of New York
to deinstitutionalize those persons who cannot be cared for in their
natural homes by placing them in small, dispersed group homes which
are designed to give an outwardly similar appearance to other one-family
dwellings, the following regulations shall apply:
(1)
Each home shall be operated or sponsored by a public social service
agency or nonprofit agency, authorized by the New York State Department
of Social Services.
(2)
Each home shall have a maximum occupancy of six persons, excluding
full-time sleep-in householder(s).
(3)
Each home shall be set up in size, appearance and structure to bear
the general character of a family unit in a relatively permanent household.
As such, it shall not permit transients or transient living.
(4)
Each home shall conform to and shall be maintained in accordance
with the overall character and appearance of the surrounding neighborhood.
No sign that advertises the use or occupancy of said home shall be
erected.
(5)
Each applicant for a special permit for an agency group home shall
submit the following information to the Planning Board:
(6)
Any change in the nature or type of the operation of any approved
group home shall be subject to a complete new application for a special
permit in accordance with the same standards and procedures as required
for the original application.
K.
Home-based business.
(1)
Any business or activity carried out for gain by a resident shall
be conducted entirely within the dwelling unit and shall be clearly
incidental to the use of the structure as a dwelling.
(2)
The exterior of the dwelling as well as the site shall maintain a
residential appearance with no overt differentiation from the exterior
as to which portion of the dwelling is being used in connection with
the home-based business.
(3)
There shall be no storage of equipment or supplies associated with
the home-based business outside the dwelling.
(4)
There shall be no display of products visible in any manner from
the outside of the dwelling, except that one nonilluminated nameplate
not to exceed two square feet in area mounted flat against the dwelling
shall be permitted.
(5)
For those home-based businesses in which instruction or meetings
are required, no more than three pupils, employees, visitors, clients
and customers shall be permitted on site at one time.
(6)
In the event that adequate on-street parking adjacent to the property
is not available, the Planning Board may require that off-street parking
spaces be provided on the premises, but in no event shall more than
three spaces in addition to those required to comply with the requirements
of Table C-1[5] for the residential use be permitted. Parking shall adhere
to all requirements of this chapter for off-street parking in the
district in which the use is located.
[5]
Editor's Note: Table C-1 is included at the end of this chapter in Appendix C.
(7)
No equipment shall be used or process conducted which creates noise,
vibration, glare, fumes or odors detectable to the normal senses at
the boundary line of the premises.
(8)
No home-based business shall be conducted between the hours of 7:00
p.m. and 9:00 a.m.
(9)
No home business shall exceed 25% of the square footage of the home.
(10)
There shall be no pickups or deliveries other than regular mail,
commercial mail service, and next-day courier service.
L.
Home occupation. Any use customarily conducted entirely within a
dwelling and carried on by the inhabitants thereof, with not more
than one nonresident assistant working at the same time, with no retail
sales of products produced off the premises, which use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes,
does not change the character thereof, does not have any exterior
evidence of that secondary use other than a permitted nameplate, does
not involve the use of other than customary home appliances and equipment
and does not involve the keeping of a stock-in-trade. The conducting
of a clinic, hospital, barbershop, beauty parlor, tea room, bed-and-breakfast,
animal hospital or raising of animals, or any similar use, shall not
be deemed to be a home occupation.
M.
Hotels and inns.
(1)
Access to a minimum of 90% of guest rooms shall be from the interior
of the building through a lobby providing security. Facilities with
more than 10% of the guest rooms accessed from the exterior shall
be considered to be motels.
(2)
Hotels and inns shall address the local needs of the community, providing
accommodations for heritage travelers, visitors to local schools,
people attending to patients at the Dobbs Ferry Hospital, and guests,
relatives and friends visiting local residents or attending local
events. This is to differentiate the character of the facility from
one intended primarily to serve business travelers and transients
or to provide for extended stays.
(3)
Arrangements with providers of housing for the homeless, indigent
or people dependent upon social services shall not be permitted.
(4)
Guest rooms shall not include cooking facilities, including but not
limited to stoves, grills or ovens.
(5)
Hotels and inns may include restaurants, bars, boutiques, banquet
rooms, meeting rooms, exercise areas, a swimming pool, and other facilities
intended primarily to serve the guests.
N.
Private swimming pools.
(1)
Swimming pools shall meet the construction, fencing, and other safety
requirements of all applicable state and local building codes.
(2)
A bathhouse or cabana serving a household swimming pool shall be
permitted, provided it meets the setback and other dimensional requirements
for accessory sheds and garages in the district in which it is located.
O.
Off-street parking, surface. Off-street parking as a principal or
accessory use shall:
[Amended 6-14-2011 by L.L. No. 6-2011]
(1)
Be the principal use on the lot. Parking spaces may be rented for
parking. No other business of any kind shall be conducted on the lot,
including repair service, washing, display or storage of vehicles
or other goods;
(2)
Not be located in a one-family residential, MF or MDR Zoning District;
(3)
Not have frontage along Main Street or Cedar Street in the DB or
DT District, except to allow access by a driveway no more than 18
feet wide to a parking area primarily screened from view by permitted
buildings; and
P.
Temporary uses and structures. A temporary use or structure may be
approved, subject to the following general standards:
(1)
The temporary use or structure must not have adverse impacts on nearby
properties.
(2)
The temporary use or structure must not result in permanent alterations
to the site.
(3)
Unless otherwise stated in the terms of the permit, the temporary
use must cease to operate 30 days after approval of the permit.
(4)
All temporary signs associated with the temporary use or structure
must be removed when the activity ends.
(5)
If the property is undeveloped, it must contain sufficient land area
to allow the temporary use or structure to occur, as well as any parking
and traffic movement that may be associated with the temporary use.
(6)
Temporary structures must be located so as not to interfere with
the normal operations of any permanent use located on the property.
(7)
A temporary use is not permitted unless sufficient off-street parking
is adequate to accommodate anticipated parking needs associated with
the temporary use.
Q.
Water-related recreation facilities. Mooring, docking or launching
of motorized and nonmotorized watercraft shall be in full compliance
with the following conditions:
(1)
The Village Board, on recommendation of the Planning Board, may authorize the maintenance and use of one or more suitably sized motorized watercraft and appropriate docking facilities for up to 72 hours as part of a special permit approving a use listed in § 300-53.
(2)
Specific findings must be made as part of the approval that the availability
of such watercraft is an important safety measure.
(3)
Jet skis are prohibited.
(4)
Habitation on watercraft designed for such use shall be limited to
72 hours within any seven-day period. Habitation is not permitted
on watercraft that is not specifically designed for such.
(5)
Compliance with the requirements of all authorities having jurisdiction.
R.
Wireless telecommunication services facilities.
(1)
Legislative intent. The Board of Trustees of the Village of Dobbs
Ferry determines that it is in the best interest of its residents
to establish regulations and standards for the siting and installation
of all wireless telecommunication services facilities (WTSF) equipment,
including towers, monopoles, pole-mounted and building-attached equipment
and other related devices and equipment. These regulations and standards
are adopted in order to promote the safety and welfare of the residents
of the Village to the extent reasonably permitted under federal and
state laws and rules and regulations, to avoid blight, to prevent
the interruption of viewsheds and to limit construction of any WTSF
in an area where such construction would be incompatible with the
surrounding area. This subsection will ensure that all WTSFs and equipment
be sited, designed, built and utilized in accordance with sound use
planning that will preserve and protect the aesthetic qualities of
the Village and promote and protect the safety and welfare of its
residents.
(2)
Purpose. The purpose of this subsection is to regulate, to the fullest
extent permitted by law, the siting, location, construction and maintenance
of WTSFs in the Village in order to:
(a)
Promote the safety and welfare of the residents of the Village
and surrounding communities.
(b)
Minimize the adverse visual effects of WTSFs and protect the
natural features, aesthetics and character of the Village by careful
siting, design, buffering and screening of WTSFs.
(c)
Limit the total number of WTSFs to be constructed in the Village
to the minimum number of WTSFs necessary to provide adequate coverage
within the Village.
(d)
Maximize the use of any proposed site by encouraging co-location
and multiple use of WTSFs to the extent reasonably permissible.
(e)
Encourage the siting of WTSFs on existing or other planned or
approved WTSFs.
(f)
Encourage the use of alternative technologies which eliminate
the need for new or additional WTSFs in the Village.
(g)
Where the siting of a WTSF within the Village is proven to be
necessary, to limit new WTSFs to existing nonresidential buildings
and areas zoned for industrial and commercial uses.
(3)
Definitions.
(a)
For purposes of this § 300-54R and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meanings given in this subsection. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include words in the singular number, and words in the singular number include the words in plural number. The word "shall" is always mandatory and not merely directory.
(b)
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
ANTENNA ARRAY
ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY
BOARD
CO-LOCATION
FAA
FCC
FREESTANDING TOWER
NONIONIZING ELECTROMAGNETIC RADIATION (NIER)
OCCUPIED BY THE PUBLIC
PERSON
STEALTH
WIRELESS TELECOMMUNICATION SERVICES (WTS)
WIRELESS TELECOMMUNICATION SERVICES FACILITY (WTSF)
As used in this subsection, the following terms shall have the
meanings indicated:
A facility or structure serving or being used in conjunction
with a WTSF and located on the same property or lot as the WTSF, including,
but not limited to, utility or transmission equipment storage sheds
or cabinets.
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
whip antennas, and parabolic antennas, as part of or in conjunction
with a WTSF. Such waves shall include, but not be limited to, radio,
television, cellular, paging, personal communications services (PCS)
and microwave telecommunications.
One or more rods, panels, discs or similar devices used for
the transmission and/or reception of radio frequency signals, which
may include omnidirectional antennas (whip), directional antennas
(panel) and parabolic antennas (disc).
An antenna array that is attached to an existing building
or structure, with any accompanying pole or device which attaches
the antenna array to the existing building or structure; connection
cables; and an equipment facility which may be located either inside
or outside of the attachment structure.
The Architectural and Historic Review Board of the Village
of Dobbs Ferry is the designated agency or body of the Village to
which applications for a special use permit for a WTSF must be made
and that is authorized to review, analyze, evaluate and make decisions
with respect to granting, recertifying or revoking special use permits
for WTSF.
The use of the same structure or telecommunications tower
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
The Federal Aviation Administration.
The Federal Communications Commission.
Any structure that is specifically designed for the purpose
of supporting a wireless telecommunications device. This definition
shall include monopoles and self-supporting and guyed towers.
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
Areas not under the control of the owner or operator of the
facility to the exclusion of all others.
Any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, agency, political
subdivision and any legal successor, representative, agent or agency
of the foregoing.
Any WTSF which is designed to enhance compatibility with
adjacent land uses, including, but not limited to, architecturally
screened roof-mounted antennas, antennas integrated into architectural
elements, and WTSFs designed not to look like a conventional WTSF
but like something else existing in the community, such as light poles,
power poles, flagpoles, and trees.
The provision of wireless telecommunication services, including,
but not limited to, those more commonly referred to as "cellular telephones,"
which services are regulated by the FCC in accordance with and as
the term "personal wireless services" is defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(C), or as hereafter amended. With the
exception of communications for the Village Highway Department, the
term "wireless telecommunication services" shall specifically exclude
all other services not included in the FCC definition of "personal
wireless services."
A facility or structure designed or intended to be used or
used to support and include antennas for WTS. A WTSF is a facility
or structure intended for transmitting and/or receiving radio, television,
cellular, paging or personal wireless telecommunication services or
microwave telecommunications, but excludes facilities or structures
used exclusively for fire, police and other dispatch telecommunications,
private radio and television reception, private citizen bands, amateur
radios and other similar telecommunications. A WTSF includes, without
limitation, antennas applied or affixed to the facade of a building
or roof-mounted antennas, freestanding towers, guyed towers, monopoles,
equipment shelters, and similar structures that employ camouflage
technology, and includes, but is not limited to, structures such as
a church steeple, water tower, flagpole, sign or combination thereof
or other similar structures intended to mitigate the visual impact
of an antenna or the functional equivalent of such.
(4)
Applicability and required findings. The following special use permit
standards and requirements shall apply to all WTSFs. No special use
permit approval shall be granted unless the Board makes the findings
in writing that the application fulfills all of the purposes and meets
all of the requirements of this subsection.
(5)
Use. Except as provided hereinafter, no WTSF shall be located, constructed
or maintained on any building, structure or land area in the Village,
except in conformity with the requirements of this subsection and
all other applicable regulations. Any alteration of an existing WTSF
must comply with requirements of this subsection and all other applicable
regulations.
(6)
Location and access.
(a)
Location priorities.
[1]
Notwithstanding any other provision of the Zoning Ordinance or any other local law, WTSFs may, subject to the provisions of this article, be located in any zoning district. The owner of the property or properties proposed and the person seeking to install the WTSF (collectively, the "applicant") shall seek permission from the Village to locate, site and erect the WTSF(s), including towers or other tall structures, in accordance with the following priorities, which shall be applied in order to effectuate the legislative intent of this subsection as specified in § 300-54R(1). Generally, the following priorities shall be applied, with No. 1 being the highest priority and No. 8 being the lowest priority:
|
Priority
|
Location
| |
|---|---|---|
|
1
|
Village-owned property and structures; co-location on a site
with existing telecommunications towers or structures containing existing
telecommunications facilities
| |
|
2
|
Existing nonresidential structures greater than 20 feet in height
(above ground level)
| |
|
3
|
Industrial or commercial zoning districts
| |
|
4
|
Other nonresidential areas
| |
|
5
|
Co-location on existing telecommunications towers or structures
in residential districts
| |
|
6
|
Existing residential structures under special permit for commercial
use
| |
|
7
|
Existing residential structures more than five stories in height
| |
|
8
|
Other property in the Village
|
[2]
If the proposed WTSF is not to be on a site with existing telecommunications
towers or structures containing existing telecommunications facilities,
then a detailed explanation must be provided as to why a site of a
higher priority is not being proposed by the applicant. 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, which shall be supported by
propagation studies and such other data that demonstrates that the
applicant cannot achieve coverage utilizing sites with a higher priority
of preference.
[3]
An applicant may not bypass sites of higher priority by stating
that the site presented is the only site that has been leased or selected
by the applicant unless it is factually demonstrated in the application
that the site is the only one that can be leased or selected by the
applicant for physical, technological, legal or financial reasons.
[4]
An application shall address co-location as an option. If co-location
is not proposed, the applicant must explain why co-location is commercially
or otherwise impracticable. Agreements limiting or prohibiting co-location
shall not be a valid basis for any claim of commercial impracticability
or hardship.
[5]
Notwithstanding the above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is one that promotes the legislative intent of this subsection as specified in § 300-54R(1).
(b)
The applicant shall submit a written report demonstrating the
applicant's review of the proposed WTSF location(s) in order of priority,
demonstrating the technological reason for the site selection(s).
(c)
The applicant shall, in writing, identify and disclose the number
and locations of any additional WTSF sites that the applicant is considering,
reviewing or planning, however preliminarily, for wireless telecommunications
facilities in the Village and all municipalities immediately adjoining
the Village for a two-year period following the date of the application.
(d)
Notwithstanding that a potential site may be situated in an
area of highest available priority, the Board may disapprove an application
or condition the granting of an application where granting of the
application as submitted would violate any of the following considerations:
[1]
Safety and safety-related codes and requirements.
[2]
Traffic patterns or traffic laws.
[3]
The historic nature of a designated neighborhood or historical
district or one deemed eligible to be registered, regardless of whether
any of the properties within such district have been registered on
the national or state register of historic places.
[4]
Proximity to residences or other noncommercial uses so as to
create a discernible impact upon any adjoining property by virtue
of visual or aesthetic impacts that are out of keeping with the area.
[5]
Viewsheds.
[6]
The Village Zoning Ordinance or the Village Vision Plan.
(7)
Shared use of telecommunications facilities.
(a)
Location of antennas on existing WTSFs shall be considered and
preferred over the construction of new telecommunications towers or
facilities. Where such shared use is unavailable, the applicant shall
submit a comprehensive report which lists existing WTSFs and other
appropriate structures which could possibly be used to support antennas
within 1.5 miles of any proposed new WTSF site, unless the applicant
can show that some other distance is more reasonable, and outlining
the opportunities for shared use of existing facilities and the use
of other existing structures as a preferred alternative to new construction.
(b)
In the event that an application to share the use of an existing
freestanding telecommunications tower does not increase the height
of the freestanding telecommunications tower, the Board may, in its
sole discretion, waive such requirements of the application required
by this subsection as may be unnecessary to the review of the application.
(c)
Proposed shared use shall consist only of the minimum antenna
array technologically required to provide service within the Village,
unless it is demonstrated that a more extensive antenna array is necessary
to fill a service gap which cannot be filled without erecting additional
freestanding towers or telecommunications structures within the Village.
(d)
A proposal for a WTSF shall not be approved unless the Board
finds that the antenna planned for the proposed WTSF cannot be placed
on an existing or approved WTSF or building within a search radius
of 1.5 miles of the proposed WTSF due to one or more of the following
reasons:
[1]
The antenna would exceed the structural capacity of the existing
or approved WTSF or building, as certified by a licensed professional
engineer, and the existing or approved WTSF cannot be reinforced,
modified or replaced to accommodate the planned or equivalent antenna
at a reasonable cost.
[2]
The antenna would cause interference materially impacting the
function of other existing or approved antenna(s) at the WTSF or building,
as certified by a qualified professional, and the interference cannot
be prevented at reasonable cost.
[3]
Existing or approved WTSFs and buildings within the search radius
of 1.5 miles cannot accommodate the antenna at a height necessary
to function reasonably or to provide adequate coverage to the intended
service area, as certified by a qualified professional.
[4]
Other bona fide reasons make it infeasible or undesirable to
locate the antenna upon an existing or approved WTSF.
(e)
In order to keep neighboring municipalities informed, and to
facilitate the possibility of directing that an existing tall structure
or existing WTSF in a neighboring municipality be considered for shared
use, an applicant shall submit to the Board with its application an
affidavit that it has sent, by registered or certified mail, return
receipt requested, at least 15 days prior to the public hearing on
the application, a notification to the clerk of each municipality
and the secretary of each municipal district or commission, such as
the fire departments and the water authorities, that is wholly or
partly within two miles of the proposed location of the WTSF. Such
notification shall include the precise location of the proposed WTSF
and a general description of the proposal, including but not limited
to the height of the WTSF and its capacity for future shared use.
(8)
Setbacks. All WTSFs and their equipment shelters shall comply with
the building setback provisions of the zoning district in which the
facility is located. It shall be demonstrated to the satisfaction
of the Board that the proposed WTSF is set back adequately to prevent
damage or injury resulting from icefall or debris resulting from failure
or collapse of a WTSF or any part thereof and to avoid and minimize
all other impacts upon adjoining properties. In addition, the following
setbacks shall be observed:
(a)
To ensure public safety, the minimum distance from the base
of any ground-mounted WTSF to any property line, road, habitable dwelling,
business or institutional use, accessory structure or public recreation
area shall be the height of the facility/structure, including antennas
or other appurtenances. This setback is considered the "fall zone."
Additional setbacks may be required by the Board to provide for the
public safety.
(b)
In the event that an existing structure or building is proposed
as a mount for a WTSF, a fall zone shall be required unless the Board
finds that a substantially better design will result from a reduced
setback. In making such a finding, the Board shall consider both the
visual and safety impacts of the proposed use.
(9)
Height limitations. All WTSFs and their equipment shelters shall
comply with the height provisions of the zoning district in which
the facility is located. Notwithstanding the following height limitations,
in no case shall a WTSF be higher than is reasonably necessary under
contemporary technology for it to accomplish the purpose it is proposed
to serve.
(a)
The height of any antennas or other associated equipment structurally
mounted as part of a WTSF shall not exceed by more than 15 feet the
highest point of the existing structure on which such antennas or
equipment are affixed.
(b)
The maximum height of a WTSF is limited to 50 feet above ground
level upon which the antenna is placed. The ground elevation may not
be raised to increase the height of the WTSF.
(c)
In the event that improving technologies permit the installation
of smaller or lower antennas without degradation of their capabilities
and without excessive replacement cost, the Board may require installation
of such upgraded facilities upon renewal of the special permit or
if the WTSF is being altered.
(10)
Design and visual mitigation.
(a)
WTSFs shall only be permitted on, in or attached to existing
or approved buildings or structures by use of stealth technologies
or materials unless otherwise permitted by the Board.
(b)
Where permitted, the only freestanding WTSF permitted shall
be a monopole. WTSFs which require the use of guy wires or open framework
are prohibited.
(c)
The applicant/provider shall prepare a visual impact assessment
of the proposed WTSF based upon appropriate modeling, photography
and other pertinent analytical techniques as required by the Board,
including but not limited to a map identifying the zone of visibility
and a visual simulation prepared by a professional engineer licensed
in the State of New York. Such assessment shall also include a cataloging
of the visual impact of the proposed WTSF on all existing views of
the Hudson River within the Village.
(d)
Landscaping and/or other screening and mitigation, including
but not limited to architectural treatment, and alternative construction,
structural and transmission technologies, such as antennas attached
to or disguised as trees or other features or camouflaging techniques,
shall be required to minimize the visual impact of such WTSF from
public thoroughfares, important view and vantage points and surrounding
properties, to the extent practicable, as determined by the Board.
(e)
No signs other than exempt signs or signs that may be required
by the Board for security or safety purposes shall be erected on any
WTSF.
(f)
All ground-based equipment and utilities shall be located underground
to the extent feasible.
(g)
WTSFs shall be designed to blend as much as feasible into the
surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated
by federal or state authorities. Every WTSF shall be of colors and
design that are compatible and harmonious to blend with the natural
features, buildings and structures surrounding such WTSF. WTSFs shall
not materially alter or interfere with existing Hudson River views
from residences or surrounding areas.
(11)
Lighting. The WTSF shall not be artificially lighted on an ongoing
basis but may be artificially lighted for use, as and when necessary
for repair and safety purposes, or as otherwise required by appropriate
governmental authority.
(12)
Operational characteristics.
(a)
Unless otherwise superseded by the FCC, the design and use of
the proposed WTSF, including its cumulative impact with other existing
and approved WTSFs, shall be certified to conform with the maximum
NIER exposure standards promulgated by the FCC, as amended. This certification
shall include a report prepared in accordance with the FCC Office
of Engineering and Technology Bulletin 65, as amended. If new more-restrictive
standards are adopted, the antennas shall be made to comply as soon
as is practicable; failing which, operation of the WTSF may be terminated
by the Village. The cost of compliance shall be borne by the owner
and operator of the WTSF.
(b)
Annual certification by a professional engineer specializing
in electrical engineering, certifying conformance with the applicable
emissions standards and the requirements and conditions of conditional
use permit approval, shall be required.
(c)
Certification by a professional engineer specializing in electrical
engineering shall also be required prior to any modification of the
WTSF or upon modification of the FCC standards.
(d)
The Board may hire a qualified professional or recognized authority
to review and report on such initial and annual certification report,
the cost of which shall be reimbursed by the applicant, owner and
operator of the WTSF.
(e)
Any violation of the emissions standards shall be reported to
the Board and shall require immediate discontinuation and correction
of the use responsible for the violation. Any such violation of the
requirements of this subsection or the conditions of conditional use
permit approval shall be deemed to be an offense punishable by a fine
in accordance with this subsection.
(14)
Utility service. On-site electrical and land-based telephone
lines extended to serve the WTSF sites shall be installed underground.
(15)
Safety provisions. A WTSF shall be designed and erected so that,
in the event of structural failure, it will fall within the required
setback area and, to the maximum extent possible, away from adjacent
development. No new structure shall be permitted which would be classified
by the FAA Regulations, Title 14 CFR Part 77, as an obstruction or
hazard.
(16)
Insurance. The owner, operator or applicant shall provide and
keep in full force and effect, at its own cost and expense, public
liability insurance which shall afford protection in an amount to
be fixed by the Board, but in no case less than $2,000,000 per occurrence,
naming the Village as an additional insured and indemnifying the Village
against any and all losses for personal injury, death, property damage
or other claim, obligation or liability, and all costs or expenses
in connection therewith, including reasonable attorneys' fees and
all costs of litigation, arising out of or relating to the existence,
operation or use of any approved WTSF and any activities in connection
therewith. This insurance shall be written in form satisfactory to
the Village by good and solvent insurance companies of recognized
standing, authorized to do business in the State of New York (rated
not less than "A" XV by Bests) and shall contain a provision that
the policy or policies shall not be canceled on less than 30 days'
written notice to the Village. Appropriate insurance certificates
shall be deposited with the Village before any permit is issued.
(17)
Security provisions. The owner, operator or applicant shall
formulate and implement a security program for the site of a WTSF.
Such program shall include physical features, such as fencing screened
by buffer vegetation, anticlimbing devices or elevating ladders on
monopoles or other approved structure, and/or monitoring either by
staff or electronic devices to prevent unauthorized access and vandalism.
(18)
Structural inspection and report. A monopole or other approved
structure shall be inspected at the expense of the service provider
by a licensed professional engineer at least every five years or at
any other time upon a determination by the Land Use Officer that the
monopole or other approved structure may have sustained structural
damage. A copy of the inspection report shall be submitted to the
Land Use Officer. Necessary repairs/alterations shall be made to the
structure by the owner or operator to ensure structural integrity.
(19)
Lease agreement.
(a)
In the case of an application for approval of a WTSF to be located
on lands owned by a party other than the applicant or the Village,
a copy of the lease agreement with the property owner, together with
any subsequent modifications thereof, shall be provided to the Board,
and a copy shall be filed with the Village Clerk.
(b)
The Board, at its discretion and in cooperation with the involved
parties, shall allow proprietary information contained in such lease
which is unrelated to the requirements of this chapter or the conditions
of the approvals for the WTSF to be kept confidential to the extent
permitted by law.
(20)
Removal.
(a)
A WTSF, or any portion thereof, including any portion above
the height of the antenna, shall be dismantled and removed from the
property on which it is located when it has been inoperative or abandoned
for a period of 90 days from the date on which it ceased operation
or no longer has a valid approval, permit or license or is otherwise
no longer necessary for the provision of adequate coverage in the
Village of Dobbs Ferry. The owner of the WTSF and each of the WTS
providers on any approved WTSF shall provide written certification
of the status of the use and necessity of the WTSF, or any part thereof,
on a quarterly basis.
(b)
The applicant shall provide to the Village written notification,
including identification of the date the use of the WTSF was discontinued
or abandoned or no longer has a valid approval, permit or license
or is otherwise no longer necessary for the provision of adequate
coverage in the Village of Dobbs Ferry by one or more of the service
providers, acknowledgment of the requirements to remove the WTSF,
and identification of the plans for the removal of the WTSF within
six months of such termination, abandonment or discontinuance of use.
(c)
The applicant shall provide to the satisfaction of the Village
a written agreement suitable for filing with the County Clerk, Division
of Land Records, to ensure the dismantling, removal and restoration
of such an abandoned wireless telecommunications services facility.
Performance of the removal requirements as set forth herein shall
be secured by a bond posted by the applicant in an amount and for
a duration determined to be adequate by the Board.
(d)
Unused portions of WTSFs above a manufactured connection shall
be removed within six months of the time of antenna relocation or
removal, unless a time extension is approved by the Board. The replacement
of portions of a WTSF previously removed requires the issuance of
a new conditional use permit.
(e)
In the event that such WTSF, or portion thereof, is not completely
removed from such property within such time, the Village shall be
authorized to effect such removal at the expense of the property owner.
(21)
Application procedure. All applicants for a special use permit
for a WTSF or any modification of such facility shall comply with
the requirements set forth in this subsection. All applications for
a special use permit for a WTSF shall be submitted to the Board for
consideration. Applications shall indicate compliance with site plan
and special permit procedures and requirements as described in this
chapter. In addition, applicants shall be required to submit the following:
(a)
The name and address of the owner of the wireless telecommunications
facility and the name and address of the owner of the property on
which such facility is proposed to be located. Additionally, the application
shall include the name and address of a person who shall be designated
as managing agent in control of and responsible for the maintenance
of the facility and a person who resides or has a place of business
in Westchester County who shall be designated as the person upon whom
process may be served as agent of the applicant.
(b)
A full environmental assessment form (EAF), Part I, and the
visual EAF addendum (Appendix A and Appendix B, 6 NYCRR Part 617.20),
including graphic information in the form of photographs or computer-generated
images with the wireless telecommunications facility superimposed
that portrays the visual impact of the facility from various vantage
points determined by the Board.
(c)
A report signed by a licensed professional engineer with expertise in radio communication facilities and, as to Subsection R(21)(c)[4], [5], [6] and [7], by a professional having expertise in radio frequency emissions, containing the following:
[1]
The number, type and design of the proposed antenna array.
[2]
The make, model and manufacturer of the proposed antenna array.
[3]
A description of the proposed antenna array and all related
fixtures, structures, appurtenances and apparatus, including height
above ground level, materials and lighting.
[4]
The frequency, modulation and class of service.
[5]
Transmission and maximum effective radiated power.
[6]
Direction of maximum lobes and associated radiation.
[7]
Certification that the NIER levels based on the maximum equipment
output at the proposed site comply with emission standards adopted
by the FCC, such certification to be updated periodically as determined
by the decisionmaking body.
[8]
Multicolor signal level propagation plots indicating adequate
coverage under the FCC regulations and Telecommunications Act of 1996,
as amended, or other applicable law, at standard USGS scale drawings
of 1:25,000, including but not limited to topography and elevations,
existing buildings, streets, WTSFs and other similarly tall structures,
tile propagation plots, radial propagation plots and drive propagation
plot data, and identification of all of the relevant system design
parameters of all existing approved or proposed WTSFs which may affect
or provide service within the Village of Dobbs Ferry. Separate signal
level propagation plots shall be required for each existing, planned,
approved and proposed WTSF.
(d)
The information requirements for the report in Subsection R(21)(c), directly above, may be supplemented or modified by the Board in its discretion, depending on the nature and circumstance of the application, on a case-by-case basis. The Board is not empowered to determine that the application for the WTSF, if fully in compliance with FCC standards, may be rejected for health-related reasons because of projected emissions.
(e)
A report signed by a licensed professional engineer specializing
in structural engineering, containing the following:
[1]
In the case of an attached WTSF, documentation of the ability
of the building or structure to accept the antenna array, the proposed
method of affixing the antenna array to the structure and the precise
point at which the antenna array shall be mounted.
[2]
In the case of a WTSF with support structure, documentation
that the structure is capable of sustaining wind pressure and overturning
moment in accordance with New York State Uniform Fire Prevention and
Building Code and is provided with lightning protection in accordance
with the New York State Uniform Fire Prevention and Building Code
and National Electrical Code, and a description of the structure's
capacity, including the number of antenna arrays it can accommodate
and the precise point at which the antenna array shall be mounted.
(f)
Certification that the applicant will allow co-location, including
a statement that all reasonable efforts have been made to co-locate
such WTSF on all other existing, planned or approved sites with communication
antennas which would eliminate the need for new or additional WTSFs
in the Village.
(g)
If co-location is not proposed, certification and supporting
evidence that co-location is not feasible.
(h)
Certification and supporting evidence that the proposed antenna
array will not cause interference with existing communication devices.
(i)
A statement of anticipated on-site service needs, including
frequency of service visits and types of vehicles used for service.
(j)
A landscape plan delineating the existing trees to be preserved;
the location and dimensions of proposed planting areas; the size,
type and number of trees and shrubs to be planted; buffers and fences;
screening elevations of fences, and materials used.
(k)
A map depicting and listing all existing sites containing wireless
telecommunications facilities in the Village and bordering communities,
used by the operator, owner or applicant.
(l)
A copy of the FCC license and demonstration that there is a
public need for each such WTSF at the location(s) proposed by the
applicant to provide adequate coverage in the Village.
(m)
A written agreement, in recordable form suitable for filing
in the Westchester County Clerk's office and prepared to the satisfaction
of the Village Attorney, acknowledging that it shall be required to
allow the co-location of all other future WTSFs unless otherwise unreasonably
limited by technological, structural or other engineering considerations
and expressly stating that it shall negotiate in good faith with all
other providers.
(n)
A bond in form and amount acceptable to the Village Attorney
sufficient to ensure the safe and timely removal of the WTSF in case
of inoperation or abandonment, such bond to be renewed annually.
(22)
Retention of consultants.
(a)
When additional expertise is needed, the Board may hire any
consultant and/or expert to assist the Board in reviewing and evaluating
the application for a special use permit. The review and evaluation
by the consultant may include, but is not limited to, the construction
and modification of the site of a proposed renewal/recertification
of a WTSF.
(b)
Upon filing of its application, an applicant shall deposit with
the Village funds in the amount of $5,000 or such other amount as
the Board deems applicable to reimburse the Board for all reasonable
costs of consultant and expert evaluation and consultation to the
Board in connection with the review of any application and/or recertification
of a WTSF. To the extent that the initial deposit is insufficient
to cover the costs of such consultant and expert evaluation, the applicant
shall immediately upon request of the Board make an additional deposit
in an amount required by the Board.
(23)
Owner/applicant representative contacts. The applicant and all
future owners of the premises and the WTSF shall at all times keep
on file in the office of the Village Clerk the name, address and telephone
number of the owner and operator of such WTSF and of at least one
individual who shall have authority to arrange for the maintenance
of the premises and the WTSF, and who shall be authorized to accept
service of notices and legal process on behalf of the owner and operator(s)
of the premises and the WTSF.
(24)
Decisions. All decisions of the Board involving applications
for WTSFs shall be in writing and supported by substantial evidence.
(25)
Compliance with other laws. The operator of every WTSF shall
submit to the Village Clerk copies of all licenses and permits required
by other agencies and governments with jurisdiction over the design,
construction, location and operation of such antenna and shall maintain
such licenses and permits and provide evidence of renewal or extension
thereof when granted. Upon the failure to do so after 30 days' notice,
unless good cause for such failure is shown, the Board shall have
the discretion to terminate the conditional use permit.
(26)
Assignment of permit. No permit granted under this subsection
for any antenna or WTSF or accessory structure shall be assigned or
transferred without the prior approval of the Board.
(27)
Review. All permits granted under this subsection shall be subject
to review by the Board at five-year intervals to determine whether
the technology applicable to WTSFs generally has changed such that
the necessity for the permit at the time of its approval has been
eliminated or modified and whether the permit should be modified or
terminated as a result of any such change.
(28)
Penalties for offenses. A violation of this subsection is hereby
punishable by a fine not exceeding $1,000 per day per occurrence or
imprisonment for a period not to exceed 15 days. Each day's continued
violation shall constitute a separate offense.
