Village of Williston Park, NY Supplementary Regulations

A garage where no service or business for vehicles is carried on shall be permitted as an accessory use only when on the same lot with a dwelling in a residential district.

In residential districts no premises shall provide garage or storage space for more than three passenger vehicles not used for commercial purposes, except that a light delivery or pickup truck or other commercial vehicle having a rated capacity of not over 1/2 ton may be stored in any such garage in lieu of the third passenger vehicle, provided that such commercial vehicle is owned and operated by the owner or tenant of such premises or a member of his or her immediate family.

In a residential district no part of any garage or accessory building shall be nearer to the front street line than 60 feet, except that on a corner lot no such garage or accessory building shall be nearer to the street line than the maximum setback distance of the wall of the dwellings facing the street from said street, nor shall any garage or accessory building be nearer to any side or rear lot line than three feet.

Business districts.

In a business district a public garage shall be permitted. No automobile commercial work shall be carried on out of doors.

A sales room where motor vehicles are kept for sale or demonstration purposes and when no gasoline or oil is stored on the premises shall be permitted in a business district.

Garage entrances. No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district.

Generally. In any district no building, pump or other apparatus for the furnishing or dispensing of gasoline, oil, air or water to motor vehicles shall be altered, erected or installed unless the same is so located and equipped that it may be operated and used wholly inside of the property line of the premises on which the same may be erected and not in any portion of any public street, avenue, road or highway.

Motor vehicle repair shops. A motor vehicle repair shop shall not be permitted in a business district unless the plans for such use shall have been submitted to the Board of Trustees and the approval of the Board obtained. The Board of Trustees, in passing upon the request for approval, may consider the type of machinery and equipment to be used and the methods of operation to be employed. The Board of Trustees shall not approve plans for such operations that in its judgment will produce excessive noise or endanger public safety. Plans for the structural alteration of motor vehicle repair shops shall be approved by the Board of Trustees. The Board of Trustees may require such change therein in relation to yards, buildings and construction of buildings as it may deem best suited to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties.[1]

Editor's Note: Original § 30.32, Off-street parking, which immediately followed this subsection, was deleted 9-16-1996 by L.L. No. 2-1996.

§ 230-12 Prohibited uses in all districts.

Business or industrial uses adjacent to schools and churches. In any district no business or industry shall be maintained within 200 feet of any school or church constructed and maintained as such when any such business or industry may, as an incident thereto, give forth or produce any noise, sound or offensive odors which may interfere with, interrupt or otherwise impede the uses of such school or church building or the maintenance or conducting of classes or services in connection therewith or as an incident thereto.

Keeping of animals and fowl.[1] The keeping of sheep, pigs, goats, reptiles or other domestic or wild animals, chickens, turkeys, pigeons and other fowls, both domestic and wild, shall not be permitted in any district within the Village, nor shall the construction, erection or maintenance of any chicken house, coop, pen or yard or any such house, coop, pen or yard for any such animal, pigeon, reptile or other fowl be permitted. Nothing herein contained, however, shall prohibit the keeping of not more than two adult dogs or two adult cats (such cats being of the felis catus variety or commonly accepted house cats and not of a variety that may have been wild but subsequently domesticated) or of one such dog and one such cat, provided that such dogs are properly licensed and provided further that such dogs and such cats are housed in the main dwelling of the owner of such animals. For the purpose of this section, any such dog or cat over the age of six months shall be considered an adult dog or an adult cat.

[Amended 7-18-1977 by L.L. No. 8-1977]

Editor's Note: See also Ch. 67, Animals.

Height restrictions for fences.

[Amended 7-20-1981 by L.L. No. 5-1981; 3-18-1991 by L.L. No. 4-1991]

Residential districts.

[Amended 1-28-2019 by L.L. No. 1-2019]

No fence shall be constructed or maintained where such fence has a height of more than four feet, except that a fence of not more than six feet may be constructed or maintained in that area from the original rear line of the dwelling to the rear property line and the entire width and breadth of the rear property line.

On a corner lot, a special permit may be granted for construction or maintenance of a fence in excess of four feet and not more than six feet, where the Building Inspector determines that a) no portion of the fence is closer than two feet off the sidewalk; b) any gate in the fence must open into the property and shall not exit out from the property; c) if there is an established parking area with a driveway or a detached garage with a driveway for storage of personal property or for a motor vehicle, one end of the fence must be at no less than a forty-five-degree angle to the driveway and the other end of the fence must be no less than eight feet from the sidewalk; d) the fence shall not be go beyond the rear portion of the dwelling on the property; and e) the sight line from the driveway for oncoming traffic shall not be obstructed. On a corner lot, the rear yard is established by the required twenty-foot setback. The proper location of a fence under this subsection shall be as illustrated in the diagram in Appendix D.[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

Business and light industry districts. No fence shall be constructed or maintained where such fence has a height of more than six feet, except that where a parcel of property in a residential district abuts upon property in a business or light industry district and such property is used for business or light industry, then and in such event the owner of the property in the business or light industry district shall erect a stockade fence having a height of six feet along such boundary between the residential district and the business or light industry district.

All districts. On corner lots, no fence, shrubbery or other obstruction shall be more than three feet in height for a distance of at least 25 feet from the intersection of the curblines of the intersecting streets.

[Amended 7-19-1999 by L.L. No. 1-1999]

Preexisting and nonconforming fences.

An owner of a corner lot on which there presently exists a fence exceeding four feet in height shall be required to make application to the Board of Appeals for review and approval of such fence in accordance with the standards set forth in Subsection C(1). Such application shall be made no later than April 1, 1992, and no fees shall be charged to the applicant. In the event that the Board of Appeals requires the removal or modification of such fence, then the owner shall so remove or modify the fence within five years from the date of the Board of Appeals determination.

All other fences presently existing and not conforming with the provisions of this Subsection C shall be removed or modified to conform herewith within five years following adoption of this subsection, it being the intention of this subsection to fix the discontinuance and subsequent conformity to the provisions hereof within a period of time permitting the owners of such fences the amortization of investment for the construction of such fences prior to the adoption hereof, unless an extension of time is granted by the Board of Appeals subject to such safeguards and conditions as it may deem proper.

Substandard or portable structures. No automobile, automobile trailer, mobile home, cart, vehicle or other structure or object not constructed, erected or maintained pursuant to the State Uniform Fire Prevention and Building Code and for which a certificate of occupancy has been duly issued therefor shall be used for living accommodations or living quarters, nor shall any person or persons be permitted to sleep or bathe in any such building, automobile trailer, cart, vehicle or other structure.

Storage of automobiles and other vehicles. No automobile, automobile trailer, mobile home or other vehicle required to be licensed by the Motor Vehicle Bureau of the State of New York for the use thereof upon the public highways in the State of New York shall be kept, stored or remain on any property in any of the districts within this Village when there is not securely attached and affixed to such automobile, automobile trailer or other vehicle a license issued by the Commissioner of the Bureau of Motor Vehicles of the State of New York for the use and operation thereof for the then-current year, except when the keeping and storing of any such vehicle shall be incident to or in connection with the business or industry then being conducted upon any such property. In no event shall any such motor vehicle, automobile, automobile trailer or other vehicle remain upon any property within any district within this Village when such motor vehicle, automobile, automobile trailer or other vehicle has been so dismantled or the parts removed therefrom so that such motor vehicle, automobile, automobile trailer or other vehicle may be incapable of operation or use for a period of 30 continuous days.

Use of cellar or basement for sleeping quarters. No cellar or basement in any building or structure shall be used as a bedroom or as sleeping quarters or sleeping accommodations.

Storage of automobiles and parts. No automobile, truck, tractor or trailer or other piece of automotive equipment or apparatus shall be stored on any open or vacant land and not properly housed in any district within the Village, and in no event shall any such automobile, truck, tractor or trailer or other piece of automotive equipment or apparatus be stored outside of a structure authorized therefor upon any gasoline station property established prior to the enactment of this chapter which is hereby declared to be a nonconforming use nor upon any other property that may have a nonconforming use thereon at the time of the enactment of this chapter.

Games of skill. No establishment or premises whose primary or incidental use is the playing therein of any gaming device or apparatus of the type, design, class or construction commonly known as "pinball," "bagatelle," "pong" or any other similar game of skill shall be maintained in the Village of Williston Park. Nothing contained herein, however, shall prohibit any premises or establishment from keeping therein no more than two such games.

[Added 2-22-1977 by L.L. No. 2-1977]

Kitchens. With the exception of a multiple dwelling, a temporary two-family dwelling having a special exception permit issued by the Board of Appeals pursuant to § 230-16 and a legal preexisting two-family dwelling, as defined in this chapter, no kitchen shall be located above the first floor of a dwelling. Notwithstanding the foregoing, however, nothing herein contained shall be deemed to legalize any kitchen heretofore installed or maintained in a dwelling without a plumbing permit having been issued therefor.

[Added 11-17-1986 by L.L. No. 12-1986]

Parking in front yards. No automobile or any other motor vehicle and motorcycles shall be parked or left standing on any portion of the front yard of any property in the Village of Williston Park except upon that portion of the front yard covered by a driveway. For purposes of this subsection, a "driveway" shall mean the path leading directly from the street to a garage, exclusive of the sidewalk, and shall not include slabs, chevrons or aprons built to the side of the driveway. It is the intention that in the event that there is no garage on the premises, the driveway shall mean only that portion of the front yard along the side lot line of the premises designated for the parking of motor vehicles, but excluding that area of the front yard situated between the street line and front line of the building, except for existing circular driveways having two curb cuts.

[Added 12-21-1987 by L.L. No. 8-1987]

Porches. No covered or uncovered porch, exceeding three feet in height above grade or more than one story, may project more than six feet past the front line of a building or be located so that the space between that porch or terrace and the street line is less than 10 feet.

[Added 1-19-2016 by L.L. No. 1-2016]

§ 230-13 Nonconforming uses. [1]

The lawful use of any building or land existing at the time of the enactment or amendment of this chapter may be continued although such use does not conform to the provisions of this chapter.

Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.[2]

Editor's Note: See also Ch. 74, Buildings, Unsafe.

Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the then replacement value of the building unless said building is changed to a conforming use.

Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment or amendment of this chapter shall not be deemed the extension of such nonconforming use.

Construction approved prior to chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.

Restoration. No building damaged by fire or other causes to the extent of more than 50% of its assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter.

Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

Changes. Once changed to a conforming use no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and when so changed to a higher classification such use thereafter shall not be changed to a lower classification.

Displacement. No nonconforming use shall be extended to displace a conforming use.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.

Gasoline service or filling stations.[3] Notwithstanding the provisions of Subsections B and C of this section, the Board of Trustees may, after public notice and hearing, grant a special permit for the reconstruction, modernization, alteration or improvement of a nonconforming gasoline service station as hereinafter provided.

An application for a special permit under this subsection shall set forth the name and address of the applicant, of the owner and of any mortgagees to the premises, shall describe the subject premises by street address and section, block and lot number, shall describe the present use of the premises and the type of activities carried on in the premises and shall describe in detail the proposed reconstruction, modernization, alteration or improvement, including a detailed statement of the uses and activities to be made of the premises should the permit be granted.

The application shall be accompanied by detailed plans and specifications for all buildings and structures to be erected upon the premises above and below the ground, by a survey of the premises prepared by a licensed surveyor dated within 30 days of the application showing the precise location of all structures on the property at the time of the application and by a detailed site plan showing the proposed location of all buildings and other structures and equipment, curb cuts, pump locations, sign locations, planting areas, fencing and any other pertinent information relating to the proposed reconstruction, modernization, alteration or improvement.

The application shall be accompanied by a filing fee and deposit as provided in Chapter 93, Fees, to be used by the Village to defray the costs and expenses of the Village in processing and reviewing the application, including but not limited to the cost of minutes, of experts, including legal, engineering and others, and the costs of publication. Any excess of the deposit remaining after payment of the Village's expenses shall be refunded to the applicant upon application therefor within 30 days after the filing of the Village's decision on the application.

The Board may not grant the application for the special permit unless it finds that:

The proposed reconstruction, modernization, alteration or improvement is of such character, size, location, design and site layout as to be appropriate to and in harmony with the neighborhood and the overall plan of the Village.

The use of the premises as a gasoline station will provide a necessary service, facility and convenience to the community and will otherwise contribute to the proper growth and development of the community and to its general welfare.

The continued use of the premises as modified by the permit as a gasoline service station will not create a hazard or be otherwise detrimental to the immediate neighborhood or community as a whole; and

The granting of the permit will be consistent with the use of the subject and surrounding properties, will promote the public health, safety and general welfare and will not impair the value of other properties in the neighborhood nor hinder nor discourage their appropriate use and development.

In granting the permit, the Board of Trustees may impose such conditions concerning the hours of operation, lighting of the premises, fencing, screening, buffer areas, requirements as to cleanup of the premises, use of the premises, parking of vehicles and any other aspects of the operation of gasoline service stations as shall be suitable in order to preserve property values and the comfort and convenience of the neighborhood.

No certificate of occupancy shall be granted for any gasoline service station which has been granted a permit under this subsection until all of the conditions set forth in the resolution of the Board of Trustees granting such permit shall have been fully complied with and all construction work has been completed in full compliance with the plans, specifications and site plan which were submitted to the Board of Trustees and approved by it.

The violation of any of the conditions imposed by the Board of Trustees in its resolution granting the special permit, if not corrected within 10 days after a written notice of the violation has been served personally or by mail on the applicant and occupant of the premises, shall constitute sufficient grounds for cancellation of the special permit and revocation of the certificate of occupancy issued thereunder.

[3]

Editor's Note: See also Ch. 109, Gasoline Stations.

Extensions and alterations of dwellings on nonconforming lots. Anything in this section to the contrary notwithstanding, a dwelling in the Residence A District or Residence B District which occupies a lot having less than the minimum size required for said lot may be altered, extended or enlarged, provided that such alteration, extension or enlargement complies with the height, side yard, rear yard, front yard and building coverage requirements then in effect at the time of such improvement.

[Added 4-4-1988 by L.L. No. 3-1988]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-14 Swimming pools.

Application of section. No outdoor swimming pool shall be constructed, erected or maintained in the Village of Williston Park except in conformity with this chapter of the Municipal Code and all applicable state laws, rules and regulations.

[Amended 6-16-2008 by L.L. No. 4-2008]

Definitions.

[Amended 6-16-2008 by L.L. No. 4-2008]

SWIMMING POOL or POOL

As used in this chapter, any structure intended for swimming or recreational bathing capable of containing water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

The provisions of Appendix G of the Residential Code of the State of New York, entitled "Swimming Pools, Spas and Hot Tubs," are annexed as Appendix A hereof and are incorporated herein by reference.[1]

[Added 6-16-2008 by L.L. No. 4-2008[2]]

Editor's Note: Appendix A is on file in the Village offices.

Editor's Note: This local law also redesignated former Subsections C through F as Subsections E through H, respectively.

Permit required.

[Added 6-16-2008 by L.L. No. 4-2008]

Special exception permit required.

Belowground or partially recessed swimming pools may be erected or maintained in any district only as accessory to a dwelling for the private use of the owners or occupants of such dwelling and their family and guests and only when permitted as a special exception by the Board of Trustees after public hearing in compliance with the provisions of this chapter. An application for such special exception permit shall be on such form as may be furnished by the Village and shall be accompanied by complete plans and specifications of the pool and the location of the proposed swimming pool on the premises, the plan for the provision and disposal of water, the type and location of fencing and a survey or map showing the location thereof with respect to the boundary lines of the land of the applicant. Specifications for the pool shall show detailed plans as to the construction of the pool and all appurtenances and shall show vertical elevations. Permits may be issued only upon application of the owner of the land or his or her agent duly authorized in writing to make such application. Application shall be accompanied by a permit fee established by resolution of the Board of Trustees.

Required findings. The Board of Trustees may not grant the application for the special permit unless it finds that the proposed use and construction are appropriate to and in harmony with the neighborhood and the overall plan of the Village; that the swimming pool facility will be used exclusively by the applicant, his or her family and guests; and that the granting of the permit will be consistent with the use of the subject and surrounding properties, will promote the public health, safety and general welfare and will not impair the value of other properties in the neighborhood nor hinder nor discourage their appropriate use and development.

Aboveground pool permit required. Aboveground swimming pools may be erected or maintained in any district in compliance with the requirements of this chapter only if an aboveground pool permit has been issued by the Building Inspector following an inspection of any aboveground pool for complete compliance with all applicable safety and Code requirements. Permits may be issued only upon application of the owner of the land or his or her agent duly authorized in writing to make such application. Application shall be accompanied by a permit fee established by resolution of the Board of Trustees.

Conditions for installation and maintenance. No swimming pool shall be installed or maintained unless the following requirements are met:

Such pool is installed in the rear yard of the premises.

Fence required. All pools shall be completely enclosed by a fence, and all fence openings or points of entry into the pool area of enclosure shall be equipped with a gate or gates. Fences and gates shall be constructed of a durable material, such as wire mesh, vertical cedar poles or a material to be approved by the Building Inspector. In no case may the material used have an aperture or opening exceeding four inches in a horizontal direction. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gates, and all gates shall be locked whenever the pool is unattended. Said fence and gate or gates shall be four feet in height above the grade level.

Setback requirements. Such pool shall not be erected closer than four feet to the rear and side property lines of the premises or, in the case of a corner lot, closer than 10 feet to any property line along an abutting street.

Area limited. Such pool shall not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.

Water disposal. All water either overflowing or emptying from the pool shall be disposed of on the owner's land, and plans submitted shall show provisions made to prevent such water from flowing on the land of any adjoining property owner or into any abutting street.

Lights. All lights used to illuminate the pool or pool area shall be shielded so as to prevent their shining on the property of any adjacent property owner.

Size and location. All pools shall comply with the requirements of this chapter relating to their accessory buildings, except that the lot area occupied by such pool shall not be included in computing the percentage of lot area which may be built upon.

Application for permit. An application for a special permit under this section shall set forth the name of the owner of the premises, shall describe the subject premises by street address and by section, block and lot number and shall describe the present use of the premises.

[Amended 7-19-1999 by L.L. No. 1-1999]

The application shall be accompanied by detailed plans and specifications for the proposed swimming pool. Said plans and drawings shall show all lot lines and shall indicate the location of the proposed swimming pool on the premises. There shall be included also information pertinent to the pool, fence construction, water supply system, drainage and water disposal system. Specifications for the pool shall show detailed plans as to the construction of the pool and all appurtenances and shall show vertical elevations.

The application shall be accompanied by a filing fee in accordance with the schedule set forth in Chapter 93, Fees.

Portable swimming pools.

Definition. A "portable swimming pool" for the purpose of this chapter is hereby defined as a receptacle for water, collapsible or noncollapsible, which is capable of holding water to a depth at any point of less than three feet, designed or intended for the purpose of bathing or swimming.

Regulations relating to portable swimming pools. No portable swimming pool shall be assembled, maintained or used unless:

Such pool is located in the rear yard of the premises, but not less than two feet from any property line.

Such pool is provided with a cover, made of material of adequate strength, capable of covering the entire exposed water area of the pool and of being securely fastened; provided, however, that the foregoing shall not be applicable if the pool shall be completely surrounded by a fence which meets all the requirements of Subsection C(2) of this section.

When such pool is not in actual use or is unattended by a responsible adult, then, as the case may be, the cover of such pool shall be securely fastened in place, and all ladders and other items of access shall be removed or retracted and placed in an area not readily accessible to children.

Any outdoor lighting in connection with the swimming pool is such that the glare therefrom does not constitute a nuisance to any neighboring householder.

§ 230-14.1 Telecommunications facilities.

[Added 10-21-2002 by L.L. No. 4-2002]

Legislative intent. The Board of Trustees of the Village of Williston Park determines that it is in the best interest of its residents to establish regulations and standards for the siting, installation and safe use of telecommunications facilities, as hereinafter defined. This section recognizes the requirements of the Federal Telecommunications Act of 1996, as well as the rights and responsibilities of both communications providers and local governments under the Act, and is not intended to prohibit or have the effect of prohibiting adequate communications services as set out in the Act.

Purpose and objectives. The Village recognizes the demand for wireless communications transmission systems and the need for the services they provide. At the same time, the proliferation of the construction and installation of communications equipment, pole-mounted radio towers and other similar equipment and devices must be reasonably regulated in order to protect the health, safety and welfare of the citizens of Williston Park and to preserve the aesthetic qualities of the Village of Williston Park and its neighbors. The purpose of this section is to regulate, to the fullest extent reasonably permitted under federal and state laws, rules and regulations, the siting, location, construction and maintenance of telecommunications facilities in the Village of Williston Park in order to:

Promote the safety and welfare of the residents of the Village and surrounding communities.

Minimize the adverse visual effects of telecommunications facilities and protect the natural features, aesthetics and residential character of the Village by careful siting, design, buffering and screening of telecommunications facilities.

Limit the total number of telecommunications facilities to be constructed in the Village to the minimum number necessary to provide adequate coverage to the Village.

Maximize the use of any proposed site by encouraging collocation and multiple use of telecommunications facilities to the extent reasonably permissible.

ONE-HUNDRED-PERCENT-CLEAR ZONE

Encourage the siting of telecommunications facilities on existing or other planned or approved communications towers, and/or the use of alternative technologies, which eliminate the need for new or additional telecommunications facilities in the Village of Williston Park.

Definitions. As used in this section, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:

ACCESSORY FACILITY

Accessory buildings or structures, including base stations, designed and used to shelter equipment and/or to support telecommunications facilities. Excluded are offices, long-term storage of vehicles and other equipment, or broadcast studios.

ANTENNA

The actual device which transmits and/or receives radio or electromagnetic waves.

COLLOCATED ANTENNA

Two or more antennas, which utilize the same existing towers, buildings or structures.

COLLOCATION

As to small wireless facilities, means mounting or installing an antenna for a small wireless facility on a preexisting structure and/or modifying an existing structure for the purpose of mounting or installing an antenna for a small wireless facility on that structure.

[Added 4-1-2019 by L.L. No. 4-2019]

COMMUNICATIONS TOWER

A monopole, guyed tower or self-supported tower, constructed as a freestanding structure or in connection with a building or other permanent structure or equipment, capable of containing or intended for the use of one or more antennas for transmitting and/or receiving radio, television, digital, telephone, cellular, microwave or other similar electronic communications.

EMF

Electromagnetic field.

ENGINEER

An engineer licensed by the State of New York.

EPA

United States Environmental Protection Agency.

FAA

Federal Aviation Administration.

FACILITY

A structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

[Added 4-1-2019 by L.L. No. 4-2019]

FCC

Federal Communications Commission.

GUYED TOWER

A communications tower consisting of a single pole constructed with guy wires and ground anchors.

NIER

Nonionizing electromagnetic radiation.

The area where, in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the property in which it is located.

PROPAGATION STUDY

A study which demonstrates the existing signal coverage and the signal coverage resulting from the proposed communications facility.

SELF-SUPPORTED TOWER

A communications tower, other than a monopole, that is constructed without guy wires and ground anchors.

SMALL WIRELESS FACILITIES

Facilities that meet the following criteria:

[Added 4-1-2019 by L.L. No. 4-2019]

The facilities:

Are mounted on structures 50 feet or less in height, including their antennas;

Are mounted on structures no more than 10% taller than other adjacent structures; or

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10% whichever is greater.

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

The provisions in § 230-14.1I(3) and (4) shall not apply, and there shall be no required minimum spacing between structures; however:

The spacing and location of the structures shall be such as to minimize the aesthetic impact upon nearby residential dwellings, taking into account property lines, driveways, topography, sight lines, water views, and existing landscaping.

New small wireless facilities shall be placed on existing structures with existing small wireless facilities to the extent feasible, so long as the collocation does not have a material adverse aesthetic impact on nearby residential dwellings from the multiplicity of facilities and associated equipment.

If such new small wireless facilities are not to be placed on existing structures with existing small wireless facilities, they shall be placed on other existing structures to the extent feasible, so long as the location does not have a material adverse aesthetic impact on nearby residential dwellings.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment of the structure, is no more than 28 cubic feet in volume.

The facilities do not require antenna structure registration pursuant to the rules adopted from time to time by the Federal Communications Commission.

TELECOMMUNICATIONS FACILITY

The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards adopted from time to time by the Federal Communications Commission.

Communications towers, antenna(s), satellite systems and accessory facilities used together in connection with the provisions of wireless communications service, personal communications services, paging services, radio or television broadcast services, and similar wireless or cellular systems.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

Special use permit required. No telecommunications facility shall be erected, maintained or permitted on any lot, building, structure or land area in the Village of Williston Park unless a written application for a special use permit shall be made to and approved by the Board of Trustees in conformity with the requirements of this section and all other applicable regulations.

Requirements to obtain a special use permit. Every application for a special use permit shall contain the documents in the form, content and number as set forth in Appendix C of this chapter.[1] Such application shall also include the following:

Site plan, in form and content acceptable to the Village, prepared to scale (no greater than one inch equals 20 feet) and in sufficient detail and accuracy showing, at a minimum:

The exact location of the proposed tower and/or antenna, and any accessory facilities.

The maximum height of the proposed tower and/or antenna.

Construction drawings and sketches sufficient to allow the Village Engineer or other Village experts to determine the structural safety and suitability of said proposed construction.

The color(s) of the tower and/or antenna.

(e)

The location, type and intensity of lighting, if any, proposed to be located on the tower.

(f)

The location of all structures within one-hundred-percent-clear zone along with the distance to those structures.

(g)

Building elevations of accessory structures or facilities.

(h)

The location, nature and extent of any proposed fencing, landscaping, screening and buffering.

(i)

Proposed parking, paving and lighting and location of same at the premises upon which the tower is to located.

"Before" and "after" propagation studies prepared by a qualified radio frequency (RF) engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility. The applicant shall provide a professional resume for such RF engineer.

A search ring prepared by a qualified RF engineer and overlaid on an appropriate background map demonstrating the area within which the antenna needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain why it selected the proposed site, discuss the availability or lack of availability of suitable existing structures within the search ring, which would have allowed for collocated antenna(s) elsewhere.

Evidence of compliance with FCC regulations, NIER exposure standards and EMF standards.

Copy of applicant's FCC license.

An affidavit from the applicant identifying specific attempts to place a collocated antenna within the search area and that such efforts were entirely unsuccessful.

A line-of-sight or visual impact study, as follows:

Drawings, photographs or computer-generated graphic representations of the views from 1,000 feet away from north, south, east and west of all natural and man-made features and structures within those views, including the proposed tower and other improvements.

A statement as to the potential visual and aesthetic impacts of the proposed telecommunications facility on all adjacent properties, including comments on decreased property values.

The visual impact analysis shall be prepared and sealed by an engineer or architect licensed in the State of New York.

(8)

An engineer's statement from appropriate governmental agencies that the proposed telecommunications facility will have no adverse impact on air or surface traffic within 1/2 mile of the tower.

(9)

An engineer's certified statement that the reception and/or transmission function of the telecommunications facility will not interfere with the usual and customary transmission or reception of radio, television, etc., services of neighboring properties.

(10)

Such other additional information, studies, alternatives and assessments as may be required by the Board of Trustees to fully review and evaluate the potential impact and location of the proposed facility.

Editor's Note: Appendix C is included as an attachment to this chapter.

Wireless facilities.

[Amended 4-1-2019 by L.L. No. 4-2019]

Non-small wireless facilities. As soon as practicable after a completed application has been filed with the Village, the Board of Trustees shall schedule a public hearing on the application. The Board of Trustees shall be the lead agency for the purposes of the State Environmental Quality Review Act (SEQRA), and it shall conduct its review as set forth in the SEQRA statute and implementing regulations.

Small wireless facilities.

At the discretion of the Board, the Board may conduct a public hearing.

The Board shall use its best efforts and due diligence to review an application to collocate a small wireless facility using an existing structure within 60 days of its receipt of a complete application.

The Board shall use its best efforts and due diligence to review an application to deploy a small wireless facility using a new structure within 90 days of its receipt of a complete application.

Applicability and required findings. No special use permit shall be granted unless the applicant demonstrates to the reasonable satisfaction of the Board of Trustees that no existing use, structure or alternate technology not requiring new construction can accommodate the applicant's proposed use and that the application fulfills all of the purposes and meets all of the standards and requirements of this section. After completion of the hearing, the Board of Trustees shall issue a written decision, file the original with the Village Clerk and notify the applicant by first class mail. In granting a special use permit, the Board of Trustees may impose conditions and restrictions that are directly related to and incidental to the proposed antenna, tower or accessory facility in order to minimize any adverse effects of the proposed facility. Any denial of a permit shall be supported by substantial evidence.

Standards and requirements. The following standards and requirements shall apply to all telecommunications facilities:

Location. Telecommunications facilities are expressly prohibited on residentially zoned property that is vacant or contains a residence and in the Edu-Cultural District. This prohibition shall not apply to any telecommunications facility located on Village-owned property.

[Amended 11-16-2020 by L.L. No. 2-2020]

Height. Notwithstanding the following height limitations, in no case shall a telecommunications facility exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.

The maximum height of a freestanding telecommunications facility is limited to 50 feet above the ground upon which it is placed. The ground elevation may not be raised to increase the height of the telecommunications facility. Height shall be measured from grade and shall include the tower itself, the base pad, and any antenna(s) attached thereto which extend above the top of the tower.

The height of any telecommunications facility structurally mounted as part of an existing building or structure shall not exceed by more than 15 feet the mean roof line of the building or structure on which such facility is affixed, exclusive of any penthouses or other structures or utilities located on the roof.

Accessory facilities, such as equipment storage sheds or base stations, shall not be located on building roofs.

Height limitations may be waived by the Board where the modification is necessary to facilitate collocation in order to avoid construction of a new tower or to meet coverage requirements of the applicant's telecommunications system, provided the applicant establishes, through written technical evidence of an engineer, that the height of the proposed tower or antenna is the minimum height required to function satisfactorily, and no tower or antenna that is taller than such minimum height shall be approved.

Setbacks.

Telecommunications facilities shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district, provided that towers shall not be located closer than 100 feet to the nearest residential property line. In all other cases, towers shall be set back from adjoining properties a distance equal to at least the height of such tower.

Setback requirements for towers shall be measured from the base of the tower to the property line.

Notwithstanding the foregoing, the setback may be reduced, in the sole discretion of the Board of Trustees, to allow the integration of a telecommunications facility into an existing or proposed building or structure.

It shall be demonstrated to the satisfaction of the Board of Trustees that the proposed telecommunications facility is set back adequately to prevent damage or injury resulting from icefall or debris resulting from failure of a telecommunications facility or any part thereof, and to avoid and minimize all other impacts upon adjoining properties.

Separation requirements.

No more than one telecommunications facility shall be permitted on any parcel of land. No more than one telecommunications facility shall be permitted upon any building, except for collocated antennas.

A minimum radius of 1/4 mile must be maintained between any proposed tower and an existing tower, whether located in the Village or in any adjacent municipality.

Preferred design. Tower construction shall be of a monopole or self-supported tower design. The use of guyed towers is prohibited.

Visual impacts. Towers and antennas shall be constructed and designed to have the least practical visual impact on the area within reasonable proximity to the towers and antennas. Accessory wires, cables, conduits and other mechanical components associated with a telecommunications facility shall be located in the interior of the building or structure on which such facility is mounted.

Fencing and lighting. The Board of Trustees shall determine the composition, height and location of a fence required to enclose and secure the base of a communications tower. The purpose of such fencing is to prevent unauthorized access to the site. There shall be reasonable lighting at the base of the structure for security purposes and to further deter unauthorized access. The lighting shall be directed toward the interior of the enclosed area. The applicant shall be responsible for maintaining fencing and lighting during the duration of facility operation.

(8)

Color. The Board of Trustees may recommend the color or colors that are acceptable as long as said colors are permitted by the FAA. The Board of Trustees may require a pattern of colors, depending on the proposed location and its visual impact on the area wherein the tower is to be located. The tower color, once approved by the Board of Trustees, shall not be changed without Board of Trustees approval.

(9)

Tower lighting. Communications towers shall be designed and located to avoid, whenever possible, applications of FAA lighting and painting requirements. The Board of Trustees may, however, require lighting even in the absence of such requirements by the FAA.

(10)

Signs. No signs shall be allowed on a tower or antenna. The Board of Trustees may require that "no trespassing," "High Voltage," or other appropriate warning signs be placed on the premises.

(11)

Accessory buildings and equipment storage.

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

Accessory buildings and equipment storage buildings are permitted as long as they are used in direct conjunction with the tower and its operation and they are used on a permanent basis. No accessory building can be used for residential purposes. No accessory building shall be located on building roofs.

Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the communications tower, unless actively engaged in maintenance or repairs to the tower.

(12)

NIER exposure standards.

Unless otherwise superseded by the FCC, the design and use of the telecommunications facility, including its cumulative impact with other existing and approved telecommunications facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report prepared in accordance with FCC Office of Engineering and Technology Bulletin 65, as amended. If new, more restrictive, standards are adopted, the antennas shall be made to comply therewith within six months of the effective date of such new standards or operation of the telecommunications facility shall be terminated. The cost of compliance shall be borne by the owner and operator of the facility.

Annual certification of conformance with the applicable emissions standards and the requirements and conditions of special use permit approval shall be required.

Certification shall also be required prior to any modification of the telecommunications facility or upon modification of the FCC standards.

Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of this section or the conditions of special use permit approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with this chapter.

(13)

Collocation requirements.

A proposal for a tower shall not be approved unless the Board of Trustees finds that the antenna planned for the proposed tower cannot be located on an existing or approved tower or building within a one-quarter-mile search radius of the proposed tower due to one or more of the following reasons:

The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at reasonable cost.

The antenna would cause interference materially impacting the usability of other existing or planned antenna at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.

[3]

Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional engineer.

[4]

Other reasons that make it infeasible to locate the antenna upon an existing or approved tower or building.

Any proposed tower shall be designed, structurally, electrically and otherwise, to accommodate both the applicant's antennas and comparable antennas for at least three additional users.

Any lease between an applicant and a property owner must include a clause, term, provision or condition that permits collocation. The applicant shall provide a copy of all lease agreements to the Board of Trustees as proof of same.

(14)

Maintenance. The communications tower, antenna(s), support system and surrounding ground area shall be kept in good order, repair and condition. It shall be the affirmative duty of the applicant, its successor, assignee, grantee or transferee to make all repairs and maintenance necessary to make the telecommunications facilities and surrounding grounds safe, secure and visually compliant with the Village ordinances and terms and conditions of the Board of Trustees approval.

(15)

Inspections. The applicant, or its successor, assignee, grantee or transferee shall, every year, provide to the Village a written inspection report by a qualified, licensed engineer which certifies that the tower meets applicable structural safety standards and EMF safety standards. If maintenance or repairs are required by said report, then it is the affirmative duty of the applicant, its successor, assignee, grantee or transferee to make the repairs or perform the maintenance in a timely manner.

(16)

Structural requirements. All telecommunications facilities must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the Village Code and any other standards contained in this section.

Factors and considerations in granting special use permits. The following factors and considerations shall be considered by the Board of Trustees in reviewing applications for special use permits:

That the proposed telecommunications facility is necessary to meet the frequency reuse and spacing needs of the applicant's system and to provide adequate service and coverage in the intended area.

That no existing tower, antenna or alternate technology that does not require the use of a tower or antenna, can accommodate applicant's facility.

That all reasonable measures have been taken to minimize the visual impact of the proposed facility.

Other factors, such as the height of the proposed tower; its proximity to residential structures and residential district boundaries; the nature of uses of adjacent and nearby properties; surrounding topography, tree coverage and foliage; and design of the proposed tower.

Time limits.

Once a communications tower or antenna application is approved, the applicant shall obtain a building permit within three months of such approval, and the project shall be completed within six months of issuance of the building permit.

The failure to obtain a permit within the time permitted or to complete the construction in the time permitted shall be deemed and considered to be an abandonment of the application.

Should such a facility not be used for a period of more than six months, then same shall be deemed abandoned, as if no permit were ever issued.

Financial security bond or security deposit.

The applicant must provide either a financial security bond or a security deposit for the construction, maintenance and removal of the telecommunications facility, and such bond or security deposit must be delivered to the Village Clerk, in an amount to be approved by the Board of Trustees, prior to the issuance of any building permit.

The applicant shall be required to sign an agreement with the Village whereby the applicant agrees to remove the tower, antenna(s), accessory structure(s) or other improvement(s) which has ceased to be used for its original intended purpose for 180 consecutive days. The applicant shall further agree that the tower, antenna, accessory structure and other improvements shall be removed within six months of the first date upon which the telecommunications facility ceases to be used for its original intended purpose for six months. The aforesaid financial security shall be used to guarantee the proper construction, maintenance and removal of the telecommunications facilities should that be required.

The applicant shall further agree to continually renew the bond throughout the lifetime of the telecommunications facility and file proof of the renewal with the Village Clerk.

The Board of Trustees shall have the continuing authority and right to review said bond or security and its amount and reasonably modify the amount and terms of the same if it is not consistent with the intent of this section. If the applicant does not renew the bond and allows it to lapse, the Village may deem the tower and the facilities abandoned.

Exempted telecommunications facilities. The following telecommunications facilities are exempted from this section:

Law enforcement, fire control, emergency 911 and medical emergency facilities.

Noncommercial television and radio antennas, private citizen band, amateur radio and other similar communications systems utilizing a tower and antenna, which conform to applicable laws and regulations. "Noncommercial" means a use for which money, property or something of value is not charged, earned or received by the owner, operator, lessee or person(s) in control of the telecommunications system.

Compliance with other laws. The operator of a telecommunications facility shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. The failure to do so after 30 days' notice, in the discretion of the Board, unless good cause for such failure is shown, shall result in the termination of the special use permit.

Assignment of permit. No special permit granted under this section shall be assigned or transferred without the prior approval of the Board of Trustees.

Experts and consultants. The Board of Trustees may retain the services of engineers and other qualified professional authorities and experts as may be necessary to advise the Board in connection with the technical aspects of the application, the costs of whose services shall be reimbursed by the applicant.

Fees and costs.

[Amended 3-20-2012 by L.L. No. 2-2012; 4-1-2019 by L.L. No. 4-2019]

Fees and deposits for a special use permit for a telecommunications facility shall be set from time to time by resolution of the Village Board.[2]

Editor's Note: The current Fee Resolutions are on file in the office of the Village Clerk.

Each owner and operator of one or more small wireless facilities shall pay to the Village such permit application fees and annual fees as set from time to time by resolution of the Board of Trustees.

Termination of permit; abandoned or unused small wireless facilities. The following provisions shall apply to small wireless facilities:

[Added 4-1-2019 by L.L. No. 4-2019[3]]

A small wireless facility shall be deemed abandoned after 25 days' notice to the permittee of nonpayment of a Village fee to maintain the facility, the expiration of a required permit for the facility, or sufficient other reasons by which the Village may reasonably infer that the facility has been abandoned.

All abandoned small wireless facilities and all of the wireless equipment associated with such facilities shall be removed within 45 days after such facilities have been abandoned or have been deemed abandoned.

In the event that such facilities and the wireless equipment associated with such facilities shall not be removed within said forty-five-day period, such facilities and equipment shall be deemed abandoned and of no further value and may be removed and disposed of at any time thereafter by the Village, and the cost of such removal and disposal shall be paid to the Village by the permittee within 30 days of demand by the Village. The permittee shall hold the Village harmless for any claims by any third party for the Village's removal and disposal of any such abandoned facilities and equipment.

All notices shall be deemed sufficient if hand-delivered, sent by fax, email, or overnight courier, or mailed by certified mail, return receipt requested, to the last address, fax number, or email address on file for the permittee with the Village Clerk. Notwithstanding the foregoing, so long as a notice is actually received, the delivery shall be deemed sufficient.

No performance bond shall be required.

[3]

Editor's Note: This local law also redesignated former Subsection R as Subsection S.

Severability. If any part of this section shall be determined by a court of competent jurisdiction to be void or voidable, either on its face or in its application, it is the express legislative intent of the Board of Trustees of the Village of Williston Park that only that part be excised from this section and that the remaining unaffected portions hereof continue in full force and effect.

§ 230-14.2 Modification of existing telecommunications facilities.

[Added 8-19-2013 by L.L. No. 3-2013]

Definitions. All terms utilized in this section shall have the meanings as set forth in § 230-14.1 of the Village Code. In addition, for purposes of this section, the following additional definitions also apply:

EXISTING STRUCTURE

Previously erected support structure or any other structure, including, but not limited to, buildings and water tanks, to which telecommunications facilities can be attached.

MAJOR MODIFICATIONS

Improvements to existing telecommunications facilities or support structures that result in a substantial increase to the existing structure. Co-location of new telecommunications facilities to an existing support structure without replacement of the structure shall not constitute a major modification.

MINOR MODIFICATION

Improvements to existing structures that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a substantial increase. A minor modification would include antenna modification or the replacement of the structure.

MODIFICATION or MODIFY

The addition, removal or change of any of the physical or visually discernible components, colors, or aspects of a telecommunications facility, such as antennas, cabling, equipment shelters, landscaping, shrouding, fencing, utility feeds, vehicular access, or parking. It also means an upgrade or change-out of equipment for better or more modern equipment or components or specifications that are not substantially identical to the existing equipment or component(s) being replaced. Adding a new antenna, wireless carrier or server provider to a telecommunications facility as a co-location is always a modification. Repair or maintenance of an existing telecommunications facility is not a modification.

REPLACEMENT

Constructing a new support structure of proportions and of equal height or such other height that would not constitute a substantial increase to a preexisting support structure in order to support a telecommunications facility or to accommodate co-location and removing the preexisting support structure.[1]

SUBSTANTIAL INCREASE

Occurs when the mounting of the proposed antenna(s) on an existing structure would result in the top of the new or existing antenna(s) being more than 22 feet six inches above the principal roofline.

SUPPORT STRUCTURE(S)

A structure designed to support telecommunications facilities, including, but not limited to, model poles, towers, and other freestanding self-supporting structures.

Editor's Note: The former definition of "stealth telecommunications facility," which immediately followed this definition, was repealed 12-1-2014 by L.L. No. 6-2014.

No existing telecommunications facility shall be moved, reconstructed, changed, altered, or modified except after administrative approval by the Building Department that it is in conformity with the requirements of this section.

The Building Department may approve, approve with modifications and/or conditions, or deny a minor modification to an existing structure or co-location that does not constitute a substantial increase, subject to the following requirements:

[Amended 12-1-2014 by L.L. No. 6-2014]

New and co-located antennas comply with FCC regulations, NEIR exposure standards, and EMF standards.

The applicant will submit a copy of the applicant's FCC license.

Any new air-conditioning unit must be directed away from any residences.

The applicant shall submit competent engineering evidence that any sound emitted by the telecommunications facility as a result of the addition of the new or co-located antennas will not produce sound exceeding the standards set forth in Chapter 139 of the Village Code.

The applicant shall submit an engineer's certified statement and such other proof that the Building Department may require that the reception and/or transmission function of the telecommunications facility, as modified, will not interfere with the usual and customary transmission or reception of radio, television, etc., services of neighboring properties.