[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 1-11-2006 by L.L. No. 19-2005 as Ch. 174 of the 2005 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 101.
Construction codes — See Ch. 88.
Exterior lighting and illumination — See Ch. 107.
Fences — See Ch. 112.
Retaining walls — See Ch. 169.
Signs — See Ch. 176.
Subdivision of land — See Ch. 192.
Swimming pools — See Ch. 196.
Fees and deposits — See Ch. A228.
The zoning regulations and districts as herein
established have been designed to lessen congestion in the streets;
to secure safety from fire, panic, floods and other dangers; to promote
health and the general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration
of population; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. Such
regulations shall have been made with reasonable consideration, among
other things, as to the character of the district and its peculiar
suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the Incorporated Village of Plandome Manor.
Certain words in this chapter are defined for
the purposes thereof as follows:
An independent, self-contained dwelling unit with its own
sleeping, sanitary and cooking facilities in a building containing
two or more dwelling units or more than one use.
An apartment unit which has been added to or created within
a single-family detached dwelling.
A part of a building that is immediately below and wholly
or partly within the roof framing.
That portion of a building which is partly below grade but
having at least 1/2 of its height, measured from floor to ceiling,
above mean ground level. A basement shall be counted as one story
for purposes of floor area ratio and height measurement.
[Amended 1-15-2008 by L.L. No. 1-2008; 2-21-2012 by L.L. No. 3-2012]
A dwelling unit or part thereof in which lodging and meals
are provided for compensation.
Any structure having a roof.
Any subordinate building on the same lot as the principal
building or use.
The proportion of the gross horizontal area measured from
the exterior surface of the exterior walls of the ground floor of
all principal and accessory buildings on a lot to the total area,
expressed as a percentage.
The building in which the principal use of the lot on which
it is located is conducted.
That space of the building which has more than 1/2 of its
height, measured from floor to ceiling, below the mean ground level.
A cellar shall not be considered in determining the permissible number
of stories or floor area ratio.
[Amended 1-15-2008 by L.L. No. 1-2008; 2-21-2012 by L.L. No. 3-2012]
Land area and buildings containing golf courses, recreational
facilities, a clubhouse and customary accessory uses, open only to
members and their guests.
The turnaround at the end of a dead-end street.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure; any excavation, landfill
or land disturbance; and any use or extension of the use of land.
A private roadway providing access to a street.
A structure or portion thereof that is used exclusively for
human habitation.
A building containing three or more dwelling units.
A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
A building on a single lot containing two dwelling units
which are totally separated from one another.
A grant of one or more of its property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
One or more persons, whether or not related by blood, marriage
or adoption, all living together as a single, bona fide housekeeping
unit, so long as such persons together occupy and own, lease or rent
a whole dwelling unit in a family-like living arrangement, and utilizing
all housekeeping facilities in common.
An artificially constructed barrier or any material or combination
of materials erected to enclose, screen or separate areas.
The sum of the gross horizontal area of all floors of a building
measured from the exterior face of exterior walls, including attached
garages, all accessory buildings, enclosed or roofed porches having
more than 50% of the perimeter enclosed, including basements, and
including finished attic spaces with a floor-to-ceiling height of
greater than seven feet.
The gross floor area of a home utilized as living space for
the family, which would exclude space provided in a cellar, garage,
unfinished attic, open porches, patios, decks, sheds, greenhouses
and the like.
A structure that is accessory to a dwelling, whether attached
or detached, that is used for parking and storage of vehicles owned
and operated by the residents thereof.
The vertical distance measured from the mean ground level
along the foundation of a building or structure, along the perimeter
of the building or structure, at every side, to the highest point
of the roof.
[Amended 1-15-2008 by L.L. No. 1-2008]
A customary occupation, excluding a home professional office
and excluding establishments offering services to the general public,
carried on in a dwelling by the resident thereof as an accessory use
in the residence. There shall be no display which will indicate from
the exterior that the dwelling is being utilized in whole or part
for any purpose other than that of a dwelling, and further, no mechanical
equipment shall be used other than that which is customary for purely
domestic and household purposes.
The office or studio of a practitioner of a recognized profession, such as a physician, dentist, architect, accountant, engineer or lawyer, that is located within the dwelling which the professional both owns and resides in, provided that such use is clearly incidental to the resident's use of the premises and is conducted entirely within the dwelling in which the practitioner resides and does not occupy more than 20% of the gross floor area of the dwelling; that there is no display of goods or of advertising other than a sign as permitted by § 225-10 of this chapter; that sufficient off-street parking spaces are provided, and provided that there is no alteration or exterior feature which would change or modify the residential character or appearance thereof.
A church, synagogue, temple, mosque or other buildings or
group of buildings which by design and construction are intended for
or used for the conducting of organized religious service and accessory
uses associated therewith.
A designated parcel, tract or area of land established by
plat, subdivision or otherwise permitted by law, to be separately
owned, used, developed or built upon.
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
The average distance measured from the front lot line to
the rear lot line.
The horizontal distance of the portion of the street upon
which a lot fronts.
A lot or parcel of land that has less than the minimum area
or minimum dimensions required in the district in which the lot is
located.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
The average elevation of the ground level measured along
any distance or group of distances on a parcel. Such average elevation
shall be determined based upon measurements at not fewer than four
points, equally spaced, along each distance to be measured. In the
case of new construction or a substantial renovation of an existing
structure (more than 50%), the measurements shall be taken from the
natural grade at the comers of the structure at the proposed location.
In every other case, the measurements shall be taken from the inside
and outside corners of the existing footprint. Any application to
the Building Department that requires a determination of ground level,
mean ground level or average preexisting ground level under this chapter
must be accompanied by a topographical survey map of the premises,
prepared by a duly licensed surveyor, containing such data as is reasonably
required by the Village Building Official.
[Amended 1-15-2008 by L.L. No. 1-2008; 1-18-2022 by L.L. No. 1-2022]
An establishment devoted to the procurement, care, study,
preservation or exhibition of artistic, historical or scientific objects.
The proportion of the lot, expressed as a percentage of the
total lot area, comprised of land not covered by buildings, structures,
tennis courts, swimming pools, paving, gravel or crushed stone but
rather by lawn, landscaping, vegetation or soils exposed at the surface.
A space for parking a motor vehicle within a public or private
parking area.
Includes a natural person, association, copartnership or
corporation.
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent erosion.
Any building and land, or part thereof, which is designed,
constructed or used for education and/or instruction, which is licensed
by the State of New York, and which meets the state requirements for
elementary, middle or high school education.
An institution or place of learning limited to pre-kindergarten
through grade 12 operated by a public school district under the laws
of the State of New York.
Any device or representation for visual communication used
as, or which is in the nature of, an advertisement, announcement or
direction, including any letter, word, model, banner, pennant, insignia
or trade flag, but excluding any public traffic or directional signs.
A theoretical plane beginning at a property line rising over
a slope determined by the ratio of the setback of the building from
the property line to the height of a building.
The authorization of a particular land use as specified herein,
subject to such additional requirements as are necessary to assure
that the proposed use is in harmony with this chapter and will not
adversely affect the neighborhood if such requirements are met.
The portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it, and including basements.
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three feet above the floor
but in which space the possible floor area with head room of five
feet or less occupies 40% of the total floor area of the story directly
beneath.
An existing state, county or Village road or any road, public
or private, improved or unimproved, shown upon a subdivision plot
heretofore duly filed and recorded in the Office of Nassau County
Clerk or on the Official Zoning Map of the Incorporated Village of
Plandome Manor, Nassau County, New York prepared by Phillips, Preiss &
Shapiro, Inc., Planning & Real Estate Consultants, 1997.
[Amended 10-17-2006 by L.L. No. 7-2006]
The line which forms the boundaries of a street or which
divides a street from a lot.
A combination of materials to form a construction for use,
occupancy, or ornamentation whether installed on, above, or below
the surface of land or water.
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use. Examples of accessory structures shall include, but
not be limited to, appurtenant curb cuts, driveways, fences, air-conditioning
compressors, outdoor fireplaces, pergolas, ponds, retaining walls,
etc.
[Amended 9-12-2006 by L.L. No. 6-2006]
A structure or building which does not conform to the area,
yard, height, dimension or coverage requirements of the district in
which it is located.
The purpose or activity for which land or buildings are designed,
arranged or intended or for which land or buildings are occupied or
maintained.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
A use or activity that was lawful prior to the adoption,
revision or amendment of this chapter but that fails by reason of
such adoption, revision or amendment to conform to the present requirements
of the zoning district.
The primary or predominant use of any lot or parcel.
An open space that lies between a building and the nearest
lot line. The minimum required yard as set forth in this chapter is
unoccupied and unobstructed from the ground upward except for accessory
structures such as swimming pools, parking spaces, patios, outdoor
fireplaces, ponds, bay windows, open steps, retaining walls, driveways,
walkways, fences and lighting.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line. On a corner lot, both
yards fronting on a street shall be considered as front yards for
purposes of determining setback requirements.
A space extending across the full width of the lot between
the principal building and the rear lot line measured perpendicular
to the building to the closest point of the rear lot line. On a corner
lot, the yard opposite the front yard with the shortest frontage shall
be considered as the rear yard.
A space extending from the front yard to the rear yard between
a building and the side lot line and measured perpendicular from the
side lot line to the closest point of the building.
A.
For the purpose of this chapter, the Incorporated
Village of Plandome Manor is hereby divided into districts, as follows:
|
R-220
|
Residence District
| |
|
R-110
|
Residence District
| |
|
R-22
|
Residence District
| |
|
R-15
|
Residence District
|
B.
The boundaries of said districts are hereby established
as shown on the map which accompanies the chapter and is made a part
hereof. The map is hereby designated as the "Official Zoning Map of
the Incorporated Village of Plandome Manor, situated in Nassau County,
New York." The boundaries between districts are, unless otherwise
indicated, either the center lines of streets, alleys, waterways,
rights-of-way, or such lines extended. Where such boundary lines are
indicated as approximately following property lines or parks or other
publicly owned lands, such lines shall be construed to be such boundaries.
A.
Principal permitted uses. In the R-220, R-110, R-22
and R-15 Districts, the following principal uses shall be permitted:
[Amended 4-20-2010 by L.L. No. 2-2010]
(1)
Single-family dwellings.
(2)
Village uses, including Village Hall and such other
uses as may be necessary in connection with the administration of
the affairs of the Incorporated Village of Plandome Manor.
(3)
Village parks and playgrounds.
(4)
Home occupations.
(5)
Home professional offices.
(6)
Country clubs.
(7)
Parking lots owned and operated by the Incorporated
Village of Plandome Manor for use of the residents of the Village
only.
(8)
Renting, leasing or letting of a single-family dwelling:
[Added 5-17-2016 by L.L.
No. 1-2016]
(a)
Renting, leasing or letting of a single-family dwelling by a homeowner
to another single family or individual for 60 consecutive days or
more while the owner does not occupy the premises is a permitted use.
No more than two such rentings, leasings or lettings may occur in
any three-hundred-sixty-five-day period. The rental, leasing or letting
for a term of less than 60 consecutive days in a three-hundred-sixty-five-day
period is prohibited. The homeowner must notify the Village Clerk
and the Police Department of the name and contact telephone number
of the individual(s) occupying the premises upon any renting, leasing
or letting authorized under this section.
(b)
In the event that this subsection causes a severe and substantial
financial hardship to any property owner, an application may be made
in writing to the Board of Trustees requesting an exemption from the
provisions of this subsection. After due notice and a public hearing
on such application, the Board of Trustees may grant such exemption
and impose any conditions as may be deemed reasonable or necessary.
No exemption shall be granted pursuant to this section, except upon
a determination in the sole discretion of the Board of Trustees, that
severe and substantial financial hardship exists as a result of the
application of the provisions of this subsection.
B.
Permitted accessory uses. In the R-220, R-110, R-22
and R-15 Residence Districts, uses customary and incidental to the
permitted principal use on the same lot, such as private residential
garages, tennis courts, swimming pools, greenhouses, boathouses, and
bathhouses, shall be permitted. Such uses shall be restricted to the
use and enjoyment of the owner or occupant of the principal use and
his guests and shall not be rented or open to use by the general public,
except that a full-time employee engaged solely in the rendition of
services to the owner or occupant of the principal residence on the
same lot shall be permitted. Only one accessory building may be used
for such residence purposes. Such uses shall not include any home
occupation or home professional offices nor any business or industry
or any driveway or walkway giving access thereto, nor any sign, billboard
or display except as provided for in this chapter.
C.
Uses permitted by special exception. In the R-220, R-110, R-22 and R-15 Residence Districts, museums, schools and houses of worship shall be permitted as special exception uses in accordance with the procedure and standards set forth in § 225-11. Additionally, such uses permitted by special exception shall be subject to site plan review by the Village of Plandome Manor Planning Board in accordance with the provisions of New York State Village Law § 7-725-a.
[Amended 3-19-2019 by L.L. No. 3-2019]
D.
Prohibited uses. In the R-220, R-110, R-22 and R-15
Residence Districts, the following uses shall be strictly prohibited,
which list is meant to be illustrative and not exhaustive:
(1)
Single-family houses used as so-called "model houses"
for promoting sales of improved or unimproved property.
(2)
Two-family dwellings.
(3)
Multiple-family dwellings.
(4)
Apartments or accessory apartments.
(5)
Boardinghouses.
(6)
Any commercial or industrial uses except home occupations
and home professional occupations as defined herein. Leasing or renting
a private driveway or any other portion of residentially zoned property
for parking purposes is a prohibited commercial use.
[Amended 2-19-2019 by L.L. No. 1-2019]
(7)
Any structure on lands between the high- and low-water
marks or under the waters of Manhasset Bay or on land underwater at
the time of the passage of this chapter, unless approved by the Board
of Zoning Appeals after a public hearing and other proceedings by
the Board as provided for by this chapter.
E.
Garage entrance doors shall not face a street but
shall face the side or rear property lines.
A.
The schedule titled "Schedule of Area, Yard, Building and Coverage Requirements" which accompanies this chapter shall set forth the minimum and/or maximum area, yard, building dimension and coverage requirements for all lots and buildings in the Village of Plandome Manor, which are set forth in §§ 225-6 and 225-7, respectively, and with exceptions as noted below.
B.
Exceptions to the Schedule of Area, Yard, Building
and Coverage Requirements are as follows:
(1)
Cornices, eaves, gutters, bay or bow windows projecting
not more than 24 inches into any required yard and fireplace chimney
stacks not more than 18 inches shall be permitted.
(2)
One-story open porches and terraces projecting not
more than five feet into a minimum front yard shall be permitted.
(3)
One-story enclosed vestibule not greater than 10 feet
in width and five feet in depth extending into a minimum front yard
shall be permitted.
(4)
Height restrictions shall not apply to Village buildings,
public school buildings or to chimneys projecting no more than 10
feet above the roofs of dwellings.
(5)
Lot frontages shall conform to the minimum requirements
set forth in the Schedule of Area, Yard, Building and Coverage Requirements,
except that on a cul-de-sac such minimum frontage may be reduced to
50% of the minimum requirements, but in no case shall the frontage
be less than 50%.
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
A.
The maximum permitted floor area ratio for detached
single-family residences on any lot shall be as follows:
(1)
For the first 10,000 square feet of lot area, or a
proportion thereof, a maximum floor area ratio of 0.35.
(2)
For next 10,000 square feet of lot area above 10,000
square feet, or a proportion thereof, a maximum floor area ratio of
0.15.
(3)
For each 10,000 square feet of lot area above 20,000
square feet, or a proportion thereof, a maximum floor area ratio of
0.10.
(4)
For any lot area below the mean high water, a maximum
floor area ratio of 0.01.
[Amended 1-18-2022 by L.L. No. 3-2022]
B.
For purposes of this section, the floor area of a basement, as that term is defined in § 225-2 of this Code, shall be included in the calculation of gross floor area. The floor area of a "cellar," as that term is defined in § 225-2 of this Code, shall not be included in the calculation of gross floor area.
[Amended 2-21-2012 by L.L. No. 3-2012; 1-18-2022 by L.L. No. 3-2022]
C.
Gross floor
area in dwellings for areas exceeding 12 feet in height shall be counted
at 1.5 times the actual floor area except in garages.
[Amended 1-18-2022 by L.L. No. 3-2022]
[Amended 1-18-2022 by L.L. No. 2-2022]
In all districts, no point of any building shall be permitted to exceed the sky exposure plane (height/setback ratio) as set forth below. (See also Figures 1A and 1B and Appendix A.)[1] The following minimum number of feet of setback of a building
from a property line shall be required for each one foot of building
height above grade. (See Figure 1B and Appendix A.) The height above
grade shall be calculated by taking the average grade along property
line with perpendicular to the footprint on all four sides of the
dwelling.
|
Zoning Districts
| ||||
|---|---|---|---|---|
|
Yards
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R-220
(feet)
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R-110
(feet)
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R-22
(feet)
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R-15
(feet)
|
|
Front yard
|
2
|
2
|
1.75
|
1.5
|
|
Rear yard
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2
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2
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1.75
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1.5
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Side yard
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1
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1
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0.75
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0.75
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[1]
Editor's Note: Figures 1A and 1B and Appendix A are included at the end of this chapter.
A.
General provisions for accessory structures. The following
regulations shall apply to the accessory structures listed hereunder.
(1)
Fences.[1] Fences shall not exceed four feet in height, with the
exception of privet hedges, trees or other shrubbery line markers,
which are not limited in height. No wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub or other growth
shall be maintained so as to obscure the view and create a dangerous
traffic hazard. For the purpose of this chapter, a traffic hazard
is deemed to be created by any fence, wall or other structure or any
hedge, tree, shrub or other growth maintained within eight feet of
the paved surface of a road, street or lane.
(2)
Retaining walls.[2] Retaining walls shall not extend above the surface of
the ground which they support. When the top of any retaining wall
erected to raise or lower the level of any lot or plot of land is
higher than three feet above the grade at any point on the lower side
of the retaining wall, such wall must be set back from the property
line two feet for every foot in excess of three feet. For instance,
a five-foot wall must be set back four feet. The slope of the ground
supported by a retaining wall shall not exceed 30° from a horizontal
plane measured from the point where the top of the wall and the back
of the wall intersect. No retaining wall shall exceed four feet in
height.
(3)
Outdoor fireplaces. Notwithstanding Subsection B below, stationary outdoor fireplaces shall be at least 20 feet distant from side and rear property lines and shall not exceed 10 feet in height.
(4)
Ponds. Ponds shall not exceed two feet in depth, and
no such pond shall be constructed except in compliance with the regulations
of Nassau County Department of Health and unless provided with a drain
or outlet to permit the same to be emptied.
(6)
Driveways. There shall be no more than one driveway
(with appurtenant curb cut) providing a single means of ingress/egress
to a street to/from a single lot.
[Added 9-12-2006 by L.L. No. 6-2006]
B.
Area, yard and building requirements for accessory
buildings or structures. Except as otherwise provided in this chapter,
accessory buildings and structures shall comply with the following
regulations:
(1)
Except for a single driveway (with appurtenant curb
cut), no buildings or structures shall be permitted in the front yard.
[Amended 9-12-2006 by L.L. No. 6-2006]
(2)
Accessory buildings shall be required to meet the height/setback ratio requirements of § 225-7 of this chapter, but in no case shall an accessory structure or building exceed 15 feet in height or be more than one story in height, nor shall it be located less than 15 feet from a rear or side property line.
(3)
No accessory building or buildings shall occupy more
than 15% of the area of the rear yard.
(4)
The gross floor area of accessory buildings shall
be included in the computation of maximum permitted floor area ratio,
and the building area of all accessory buildings shall be included
in computation of maximum permitted building coverage and lot coverage.
(5)
Garage entrance doors shall not face a street but
shall face the side or rear property lines.
(6)
No more than two accessory buildings shall be allowed
per primary structure. The requirement of no more that two accessory
buildings shall not include one freestanding garage preexisting as
of the date of the enactment of this subsection.
[Added 7-17-2007 by L.L. No. 1-2007]
A.
General provisions relating to nonconforming uses
and structures.
(1)
Any legal nonconforming use or legal nonconforming
structure existing at the time of the passage of this chapter may
be continued.
(2)
A legal nonconforming use may not be changed to a
different nonconforming use, nor shall a nonconforming use be extended
at the expense of a conforming use.
(3)
No legal nonconforming use may be enlarged or extended
unless the use therein is changed to a conforming use and unless such
enlargement or extension complies with the provisions of this chapter
and other local laws of the Incorporated Village of Plandome Manor.
(4)
Wherever a legal nonconforming use shall have been
abandoned for a period exceeding 12 months, or wherever a legal nonconforming
use is substantially destroyed or altered, the land or structure in
which said legal nonconforming use shall have existed shall not thereafter
be used for any nonconforming use. "Substantially destroyed," as used
above, shall mean that the cost of repair to replace the structure
subject to such nonconforming use exceeds 50% of the current structural
replacement value thereof.
B.
Authority to determine legal conforming uses or structures.
The Board of Zoning Appeals may, after a public hearing on a written,
verified application of the owner of property claiming a legal nonconforming
use or legal nonconforming structure, confirm such use or structure
is legally nonconforming.
(1)
Every application under this section shall state or
be accompanied by an affidavit or affidavits stating the evidentiary
facts claimed to establish such use a legal nonconforming use and
shall be filed with the Board of Zoning Appeals. The Board of Zoning
Appeals may, in its discretion, require the production of additional
evidence and make whatever independent investigation it may deem necessary.
(2)
The Board of Zoning Appeals, upon the evidence submitted
to and obtained by it, shall make and file with the Village Clerk
a written determination confirming or denying that such use is a legal
nonconforming use and stating the facts which it finds to be established
by such evidence, the basis of such findings and the conclusions it
has drawn from such findings.
(3)
Upon confirmation by the Board of Zoning Appeals of
any legal nonconforming use pursuant to this section, the Building
Inspector shall issue to the applicant a certificate of occupancy
with an endorsement thereon specifying the legal nonconforming use
so confirmed.
(4)
Every nonconforming use for which a certificate of
occupancy has not been issued as provided in the section shall be
an illegal nonconforming use for the purpose of any application to
or proceeding before any office or board of the Incorporated Village
of Plandome Manor.
See Chapter 176, Signs, of this Code.
A.
Special exception use permits required. Special exception
uses, for which conformance to additional requirements is mandated
by this chapter, shall be permitted in their respective districts,
subject to the satisfaction of the conditions and standards set forth
in this section, in addition to all other requirements of this chapter.
All such special exception uses are declared to possess characteristics
of such unique and special form that each specific special exception
use shall be considered as an individual case.
B.
Approval agency for special exception use permits.
The approving agency for all special exception use permits shall be
the Board of Trustees of the Incorporated Village of Plandome Manor.
C.
Review procedure. Applications for a special exception
use permit shall be made to the Building Inspector for zoning compliance
review. Eight such copies shall be submitted. Such a submission shall
include a site plan as well as a written statement describing the
nature of the proposed special exception use and how it will serve
to implement the purposes of this chapter. Following compliance review,
the application shall be forwarded to the Board of Trustees. An application
shall be considered officially submitted and received on the date
of the next meeting of the Board of Trustees following such forwarding.
The required period of time for review and decision, as provided herein,
shall commence on the date that the application is deemed officially
submitted.
D.
Public hearing and notice on special exception use
permit application. The Board of Trustees shall provide notice of
the public hearing in accordance with § 7-725-b of the Village
Law and § 239-nn of the General Municipal Law. At least
10 days prior to the public hearing, the Board of Trustees shall give
public notice thereof by publication in a paper of general circulation
in the Village and a posting of the notice at the Village Hall. The
applicant shall serve written notice by registered or certified mail
on all known property owners within a radius of 1,000 feet of the
lot lines of the parcel of land for which the special exception use
permit application has been filed at least 10 days prior to such hearing.[1]
E.
Decision on a special exception use permit application. Within 62 days after the close of the public hearing, unless such time is extended by mutual agreement with the applicant, the Board of Trustees shall approve, approve with modifications, or disapprove the application. The Board of Trustees shall approve the application where it finds that the standards of Subsection I and the standards of Subsection O, as applicable, have been met. The Board of Trustees may approve such application conditionally where it finds that such conditions or modifications are necessary to ensure initial and continued conformance with the standards in Subsection I and the standards of Subsection O, as applicable. Any changes in the use or uses of land, buildings or structures which were approved by special exception use permit under this chapter shall require another special exception use permit.[2]
F.
Conditions attached to the issuance of a special exception
use permit. The Board of Trustees shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the special exception use permit. The Board of
Trustees may require a performance bond or other such security prior
to the issuance of a building permit to cover the cost of all improvements
for which the special exception use permit has been granted.
G.
Departure or variation from the requirements for special
exception use permits. Authorization to depart or vary from any requirements
for the grant of a special exception use permit, as specified in this
section, shall be deemed to be an area or use variance, as applicable,
and shall only be granted by the Board of Zoning Appeals. In cases
where an application requires one or more variances, the applicant
shall be so advised by the Building Inspector, who shall advise the
applicant of the procedures and requirements to be followed in seeking
any necessary variance or variances from the Board of Zoning Appeals.
No special exception use permit shall be granted unless and until
all required variances have been approved by the Board of Zoning Appeals.
H.
Submission requirements for a special exception use permit. The applicant shall provide a completed application form as well as a narrative section describing the proposed special exception use's compliance with both the general standards in Subsection I as well as the individual standards and requirements for certain special uses as provided in Subsection O, as applicable, as well as a check or money order of the required fee made payable to the Village of Plandome Manor.
I.
General standards for special exception use permit
applications.
(1)
The Board of Trustees' review of all applications for special exception use permits shall include, as appropriate, but not limited to, the following general standards in addition to the individual standards and requirements of certain special exception uses as provided in Subsection O:
(a)
That such a use shall be in harmony with the
general purposes and intent of this chapter.
(b)
That such a use shall not affect adversely the
character of the district, nor the conservation of property values,
nor the health and safety of residents or workers on adjacent properties
and in the general neighborhood.
(c)
That such a use shall be of such appropriate
size and so located and laid out in relation to its access streets
that vehicular and pedestrian traffic to and from such a use will
not create undue congestion or hazards prejudicial to the character
of the general neighborhood.
(d)
That such a use shall not conflict with the
direction of building development in accordance with such plans as
may have been adopted by the Board of Trustees.
(2)
The Board of Trustees may attach such additional conditions
and safeguards to any special exception use permit as are, in its
opinion, necessary to ensure initial and continued conformance with
all applicable standards and requirements of this chapter.
J.
Reimbursable costs. Costs incurred by the Board of
Trustees for consultation fees or other expenses in connection with
the review of a special exception use permit application may be charged
to the applicant. The Board of Trustees may condition the grant of
special exception use permit approval or building permits on the payment
of such fees in full.
K.
Integration of procedures. Whenever the development
for which a special exception use permit is being sought is also subject
to other approval procedures, such as variances, or other requirements
of this chapter, such as environmental review, or other laws of the
Village, the approving agencies shall attempt to integrate, as appropriate,
special exception use permit review as required in this chapter with
the procedural and submission requirements for such other compliance.
L.
Expiration of permits for special exception uses.
A permit for a special exception use approved by the Board of Trustees
shall be deemed to have expired unless:
(1)
The lot or land where no building or structure is
involved shall have been put into use within 12 months after the date
of issuance of such permit for the purpose for which such permit was
approved.
(2)
The building or structure for which such permit was
approved shall have actually begun construction within 12 months after
the date of issuance of such permit.
(3)
The entire building or structure for which such permit
was approved shall have been completed according to filed plans within
two years after the date on which such permit was granted.
N.
Compliance with State Environmental Quality Review
Act. In its review of special exception use permit applications, the
Board of Trustees shall comply with the provisions of the State Environmental
Quality Review Act (SEQRA)
under Article 8 of the Environmental Conservation Law and its implementing
regulations.
O.
Specific standards for certain special exception uses.
(1)
Museums, houses of worship and schools.
(a)
The minimum lot area shall be three acres.
(b)
The minimum lot width shall be 300 feet.
(c)
The minimum lot depth shall be 250 feet.
(d)
The minimum setbacks from the property line
to a building shall be as follows: in the front and rear yards, 50
feet or three times the height of principal building, whichever is
greater; each side yard, 40 feet or two times the height of the principal
building, whichever is greater.
(e)
No principal building shall exceed a height
of 40 feet, except that steeples, bell towers and spires may be 65
feet in height, provided the minimum setback from such structures
to any property lines shall be increased by two feet for every one
foot in height above 40 feet.
(f)
The maximum building coverage for all buildings
shall be 20%.
(g)
The minimum open space ratio shall be 50%.
(h)
The maximum floor area ratio shall be 0.25.
(i)
No accessory buildings or structures shall be
permitted in the front yard. No detached accessory building or structure
shall exceed 2,500 square feet in size, nor exceed a height of one
story or 20 feet, whichever is greater. Accessory buildings or structures
shall be set back from the rear or side property line by a minimum
of 25 feet. Where an accessory use is housed in a building or structure
that is attached to the principal building or use, it shall be subject
to the maximum height requirements and minimum setbacks required for
principal buildings. No principal or accessory building may be closer
than 150 feet to an existing residence on an adjacent property.
(j)
No parking or loading shall be permitted in
the front yard, although a dropoff or porte cochere shall be permitted
in the front yard. All parking and loading areas and vehicular driveways
shall be set back from side and rear property lines by a minimum of
25 feet. For museums and houses of worship, at least one space per
four seats or one space per 350 square feet of gross floor area shall
be provided, whichever is greater. For schools, one space per 20 students
plus one space per two teachers or other staff shall be provided.
All such parking shall be provided on site. No parking spaces on site
shall be rented, leased or otherwise utilized for any uses other than
those conducted on the premises. All loading and delivery areas shall
be located in the rear yard and shall be effectively screened to a
height to eight feet from all adjacent residential properties and
the public street. One loading space 10 feet wide by 40 feet in length
and with a minimum height clearance of 14 feet shall be provided.
All parking and loading areas shall be paved with a hard, durable,
dustless surface and shall be curbed. Parking spaces shall be a minimum
of nine feet wide by 18 feet in depth, with driveways and parking
aisles at least 24 feet in width. Parking shall be confined to designated
parking spaces only. No structured or underground parking shall be
permitted. All parking areas shall be landscaped with a minimum of
one tree per 15 parking spaces.
(k)
For a width of at least 10 feet along all property
lines adjacent to which is a residential use or zone, a buffer consisting
of double staggered row of evergreen trees planted 10 feet on center,
with a minimum caliper of 2 1/2 inches upon planting, and which
shall reach a height of six feet within two growing seasons (May through
October), shall be provided. At the discretion of the reviewing agency,
a combination of berms, solid screen fencing and plantings may be
substituted for such buffer upon a showing that the equivalent or
better screening shall be provided.
(l)
All outdoor lighting shall be shielded in a
manner to direct lighting away from adjacent properties and the public
street.
(m)
For houses of worship, the principal use shall
be the holding of regularly scheduled religious services. Accessory
facilities and functions such as religious schools, social halls,
administrative offices and indoor recreation facilities may be provided,
but such facilities and functions shall be subordinate in aggregate
to the size and function of the house of worship. No building permit
or certificate of occupancy shall be granted to such accessory use,
building or structure until the building permit and certificate of
occupancy for the principal use or building, respectively, have been
granted.
(n)
All social and recreation functions shall be
enclosed within a soundproofed building, except that an outdoor children's
playground may be provided. Such play area shall be provided in the
rear yard and shall be no closer to the side or rear property line
than 25 feet. No music or loudspeakers shall be permitted outdoors.
No social function may be held after 10:30 p.m. on weekdays or after
11:30 p.m. on weekends or holidays. No space within the museum or
house of worship shall be rented out to or utilized by the general
public or members of the museum or house of worship for social gatherings,
meetings or functions which are not directly associated with the museum
or house of worship.
(o)
No social services shall be administered directly
to the public from the museum or house of worship or accessory facilities,
nor shall overnight stays be permitted on the premises.
(p)
One freestanding monument sign, no greater than
24 square feet in size and no higher than six feet, shall be permitted.
Such sign shall be set back at least 15 feet from all property lines.
Such sign shall match the architectural style of the principal building
and shall not be internally lit. In addition, one facade or wall sign,
no more than 20 square feet in size, shall be permitted on the front
of the principal building.
[Added 4-20-2010 by L.L. No. 2-2010]
[Added 12-21-2010 by L.L. No. 1-2011]
A.
Applicability. This section applies to all accessory solar energy
collection systems proposed to be constructed after the effective
date of this section.
B.
Administration. The fee for any accessory solar energy collection
system application shall be the same as for a building permit.
C.
Purpose. No solar energy system shall be erected or installed unless
the system is designed to be appropriate for the intended location
and meets all standards of the Village and the New York State Building
Code. The applicant shall appear before the Design Review Board before
a permit shall be issued by the Building Inspector.
D.
Installation.
(1)
Placement shall be flush or flat mounted as close as practicable
on a gabled, hipped or mansard roof, not to exceed six inches, with
no extension above the roof.
(2)
All solar collection panels shall be screened from street level or
from an adjoining property.
(3)
Heat-storing masses and ground-mounted solar collector systems shall
only be allowed in a rear yard, and placement shall comply with accessory
structure regulations.
(4)
As much as possible, all panels, tiles or slates are to appear like
and are to match the color of the roof or wall to which they are attached.
E.
General.
[Amended 2-15-2011 by L.L. No. 3-2011]
(1)
On existing buildings with flat roofs where tilted frames are necessary
to install primary equipment, such equipment shall not be visible
from an abutting street or property. If necessary, the equipment shall
be screened with appropriate material as recommended by the Design
Review Board.
(2)
Primary equipment mounted to an approved accessory structure shall
be considered part of that structure and is subject to the requirements
for accessory structures as well as approval by the Design Review
Board.
(3)
All secondary equipment associated with any solar energy system installation
shall not be exposed on the outside of any structure unless required
by applicable codes and standards.
(4)
No trees shall be removed to accommodate installation of any solar
collection equipment.
F.
Submission requirements. Prior to the installation of any solar equipment
on a property, building or structure, the applicant shall submit a
site plan and a building permit application accompanied by four sets
of sealed plans which shall include, but are not limited to, location,
layout plans, elevations, sections, details, manufacturer's specifications,
material types, colors, finishes, arrangement, size, design, general
site compatibility, structural support methods and zoning information.
The applicant shall submit actual material samples.
(1)
Applications shall be accompanied by a signed, sealed certification
from a New-York-State-licensed professional engineer or licensed architect
stating that the roof structure is strong enough to support the additional
weight of the solar units, that the mounting brackets and hardware
meet or exceed New York State Building Code requirements and that
the actual in-field attachment to the roof meets or exceeds New York
State Residential Code requirements.
(2)
The applicant shall provide adequate notice of the application to
all surrounding property owners in the same manner as provided for
under the Design Review Board rules.
G.
Installation. All solar collector installations must be performed
by a qualified solar installer. Prior to operation, the electrical
connections must be inspected by the New York Board of Fire Underwriters
or other appropriate electrical inspection agency as determined by
the Village. Any connection to the public utility grid must be inspected
by the appropriate public utility. An electrical certificate shall
be provided to the Village prior to issuance of a certificate of occupancy.
[Added 12-21-2010 by L.L. No. 1-2011]
A.
Applicability. This section applies to all accessory wind turbines
proposed to be constructed after the effective date of this section.
B.
Administration. The fee for any accessory wind turbine application
shall be the same as for a building permit.
C.
Wind turbines only permitted in certain districts. Wind turbines
are only permitted in the R-220 and R-110 Districts in accord with
the further requirements below.
D.
Approval required by the Design Review Board. Wind turbines shall
only be permitted upon application to and approval by the Design Review
Board.
[Added 6-19-2018 by L.L.
No. 2-2018]
A.
Purpose and legislative intent. The Telecommunications Act of 1996
affirmed the Village of Plandome Manor's authority concerning the
placement, construction and modification of wireless telecommunications
facilities. The Incorporated Village of Plandome Manor (the "Village")
finds that wireless telecommunications facilities may pose significant
concerns to the health, safety, public welfare, character and environment
of the Village and its inhabitants. The Village also recognizes that
facilitating the development of wireless service technology can be
an economic development asset to the Village and of significant benefit
to the Village and its residents. In order to insure that the placement,
construction or modification of wireless telecommunications facilities
is consistent with the Village's land use policies, the Village is
adopting a single, comprehensive, wireless telecommunications facilities
application and permit process. The intent of this section is to minimize
the impact of wireless telecommunications facilities, establish a
fair and efficient process for review and approval of applications,
assure an integrated, comprehensive review of environmental impacts
of such facilities, and protect the health, safety and welfare of
the Village of Plandome Manor.
B.
Title. This section shall be known and cited as the "Wireless Telecommunications
Facilities Siting" section of the Village of Plandome Manor Zoning
Code.
C.
Severability.
(1)
If any word, phrase, sentence, part, section, subsection, or other
portion of this section or any application thereof to any person or
circumstance is declared void, unconstitutional, or invalid for any
reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this section, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.
(2)
Any special use permit issued under this section shall be comprehensive
and not severable. If part of a permit is deemed or ruled to be invalid
or unenforceable in any material respect, by a competent authority,
or is overturned by a competent authority, the permit shall be void
in total, upon determination by the Village.
D.
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
APPLICANT
APPLICATION
BOARD
CO-LOCATION
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
COMPLETED APPLICATION
DISTRIBUTED ANTENNA SYSTEM (DAS)
FAA
FCC
HEIGHT
MODIFICATION or MODIFY
MUNICIPAL FACILITIES
MUNICIPAL PROPERTY
NIER
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
REPAIRS AND MAINTENANCE
SPECIAL USE PERMIT
STATE
STEALTH OR STEALTH TECHNOLOGY
TELECOMMUNICATION SITE
TELECOMMUNICATIONS
TELECOMMUNICATIONS STRUCTURE
TEMPORARY
TOWER
VILLAGE
WIRELESS TELECOMMUNICATIONS FACILITIES
Definitions. For purposes of this section and where not inconsistent
with the context of a particular section, the defined terms, phrases,
words, abbreviations, and their derivations shall have the meaning
given in this section. When not inconsistent with the context, words
in the present tense include the future tense, words used in the plural
number include words in the singular number and words in the singular
number include the plural number. The word "shall" is always mandatory,
and not merely directory.
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to, utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
All necessary and appropriate documentation that an applicant
submits in order to receive a special use permit for wireless telecommunications
facilities.
The Village Board of Trustees of the Incorporated Village
of Plandome Manor.
The use of an existing tower or structure to support antennae
for the provision of wireless services. A replacement tower that is
constructed on the same site as an existing tower will be considered
a co-location as long as the new tower is no taller than the old tower
and that the old tower is removed in a reasonable short time frame
after the new tower is constructed.
The inability to perform an act on terms that are reasonable
in commerce; the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be "commercial impracticable" and shall not render an act or the
terms of an agreement "commercially impracticable."
An application that contains all necessary and required information
and/or data necessary to enable an informed decision to be made with
respect to an application. Where any information is provided pursuant
to the terms of this section and the Village's expert or consultant
or the Board determines, based upon information provided, that further
or clarifying information is needed as to one or more aspects, then
the application will not be deemed complete until that further or
clarifying information is provided to the satisfaction of the Village's
expert or consultant or the Board.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightening
protection device.
The addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility,
such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials of any visually discernable
components, vehicular access, parking and/or an upgrade or changeout
of equipment for better or more modern equipment. Adding a new wireless
carrier or service provider to a telecommunications tower or telecommunications
site as a co-location is a modification. A modification shall not
include the replacement of any components of a wireless facility where
the replacement is identical to the component being replaced or for
any matters that involve the normal repair and maintenance of a wireless
facility without adding, removing or changing anything.
Village-owned streetlamps, streetlight poles, lighting fixtures,
electroliers, flagpoles, and other similar Village-owned structures.
Village-owned buildings, and the space in, upon, above, along,
across, and over real property that is under the sole ownership, jurisdiction,
possession and control of the Village (except property leased or licensed
to or by the Village); any property where the Village holds an easement
or other beneficial interest; public right-of-way; and underwater
lands.
Nonionizing Electromagnetic Radiation.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
Shall have the same meaning as defined and used in the 1996
Telecommunications Act.
The replacement of any components of a wireless facility
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of a wireless facility without the addition, removal or change of
any of the physical or visually discernable components or aspects
of a wireless facility that will add to the visible appearance of
the facility as originally permitted.
The official document or permit by which an applicant is
allowed to file for a building permit to construct and use wireless
telecommunications facilities as granted or issued by the Village.
The State of New York.
To minimize adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
See definition for "wireless telecommunications facilities."
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
Temporary in relation to all aspects and components of this
section, something intended to, or that does not exist for more than
90 days.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
The Incorporated Village of Plandome Manor.
Includes a "telecommunications site" and "personal wireless
facility." It means a structure, facility or location designed, or
intended to be used as, or used to support antennas or other transmitting
or receiving devices. This includes without limit, towers of all types
and kinds and structures, including, but not limited to buildings,
church steeples, silos, water towers, signs or other structures that
can be used as a support structure for antennas or the functional
equivalent of such. It further includes all related facilities and
equipment such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, SMR,
paging, 911, personal communications services (PCS), commercial satellite
services, microwave services and any commercial wireless telecommunication
service not licensed by the FCC.
E.
Overall policy and desired goals for special use permits. In order
to ensure that the placement, construction, and modification of wireless
telecommunications facilities protects the Village's health, safety,
public welfare, environmental features, the nature and character of
the community and neighborhood and other aspects of the quality of
life specifically listed elsewhere in this section, the Village hereby
adopts an overall policy with respect to a special use permit for
wireless telecommunications facilities for the express purpose of
achieving the following goals:
(1)
Requiring a special use permit for any new, co-location or modification
of a wireless telecommunications facility.
(2)
Implementing an application process for person(s) seeking a special
use permit for wireless telecommunications facilities.
(3)
Establishing a policy for examining an application for and issuing
a special use permit for wireless telecommunications facilities that
is both fair and consistent.
(4)
Promoting and encouraging, wherever possible, the sharing and/or
co-location of wireless telecommunications facilities among service
providers.
(5)
Promoting and encouraging, wherever possible, the placement, height
and quantity of wireless telecommunications facilities in such a manner,
including but not limited to the use of stealth technology to minimize
adverse aesthetic and visual impacts on the land, property, buildings,
and other facilities adjacent to, surrounding, and in generally the
same area as the requested location of such wireless telecommunications
facilities, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(6)
That in granting a special use permit, the Village has found that
the facility shall be the most appropriate site in terms of being
the least visually intrusive among those sites available in the Village.
F.
Exceptions from a special use permit.
(1)
Except as otherwise provided by this section no person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this section without having first obtained a special use permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special use permit shall be required for those noncommercial exclusions noted in § 225-15G.
(2)
Any legally permitted wireless telecommunications facilities, constructed
as permitted, existing on or before the effective date of this section
shall be allowed to continue as they presently exist, provided however,
that any visible modification of an existing wireless telecommunications
facility will require the complete facility and any new installation
to comply with this section.
(3)
Any repair and/or maintenance of a wireless facility does not require
an application for a special use permit.
G.
Exclusions. The following shall be exempt from this section:
(1)
The Village's fire, police, department of transportation or other
public service facilities owned and operated by the local government.
(2)
Any facilities expressly exempt from the Village's siting, building
and permitting authority.
(3)
Over-the-air reception devices including the reception antennas for
direct broadcast satellites (DBS), multichannel multipoint distribution
(wireless cable) providers (MMDS), television broadcast stations (TVBS)
and other customer-end antennas that receive and transmit fixed wireless
signals that are primarily used for reception.
(4)
Facilities exclusively for private, noncommercial radio and television
reception and private citizen's bands, licensed amateur radio and
other similar noncommercial telecommunications.
(5)
Facilities used exclusively for providing unlicensed spread spectrum
technology i.e. Bluetooth or a 'hot spot', where the facility does
not require a new tower, where the service is not to be used for commercial
purposes, where there is no fee or charge for the use of the service
and where the service is intended to be useable for less than 200
feet.
H.
Special use permit application and other requirements.
(1)
All applicants for a special use permit for wireless telecommunications
facilities or any modification of such facility shall comply with
the requirements set forth in this section. The Village Board of Trustees
is the officially designated agency or body of the Village to whom
applications for a special use permit for wireless telecommunications
facilities must be made, and that is authorized to review, analyze,
evaluate and make decisions with respect to granting or not granting
or revoking special use permits for wireless telecommunications facilities.
The Village may at its discretion delegate or designate other official
agencies or officials of the Village to accept, review, analyze, evaluate
and make recommendations to the Village Board of Trustees with respect
to the granting or not granting or revoking special use permits for
wireless telecommunications facilities.
(2)
The Village Board of Trustees delegates its authority to the Village Building Inspector, or his/her designee, to accept, review, analyze and make "administrative approvals" with respect to the granting or not granting, or revoking special use permits for those facilities that meet requirements of the section and that do not require a public hearing as defined by § 225-15Q.
(3)
The Village may reject applications not meeting the requirements
stated herein or which are otherwise incomplete.
(4)
The Village shall require a license and/or right-of-way agreement
for any new wireless telecommunications facilities in, upon, above,
along, across and over municipal facilities, municipal property and
public rights-of-way. An application shall not be deemed complete
unless and until said license and/or right-of-way agreement is in
place.
(5)
No wireless telecommunications facilities shall be installed, constructed
or modified until the application is reviewed and approved by the
Village, and the special use permit has been issued.
(6)
Any and all representations made by the applicant to the Village
on the record during the application process, whether written or verbal,
shall be deemed a part of the application and shall be considered
agreed upon conditions of approval that may be relied upon in good
faith by the Village.
(7)
An application for a special use permit for wireless telecommunications
facilities shall be signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
(8)
The applicant must provide documentation to verify it has the right
to proceed as proposed on the site. This would require an executed
copy of the lease with the landowner or landlord or a signed letter
acknowledging authorization. If the applicant owns the site, a copy
of the ownership record is required.
(9)
The applicant shall include a statement in writing:
(a)
That the applicant's proposed wireless telecommunications facilities
shall be maintained in a safe manner, and in compliance with all conditions
of the special use permit, without exception, unless specifically
granted relief by the Village in writing, as well as all applicable
and permissible local codes, ordinances, and regulations, including
any and all applicable Village, state and federal laws, rules, and
regulations;
(b)
That the construction of the wireless telecommunications facilities
is legally permissible, including, but not limited to, the fact that
the applicant is authorized to do business in the State of New York.
(10)
Where a certification is called for in this section, such certification
shall bear the signature and seal of a registered professional licensed
in the State of New York.
(11)
In addition to all other required information as stated in this
section, all applications for the construction or installation of
new wireless telecommunications facilities or modification of an existing
facility shall contain the information hereinafter set forth.
(a)
A descriptive statement of the objective(s) for the new facility
or modification of an existing facility including and expanding on
a need such as coverage and/or capacity;
(b)
Documentation that demonstrates and proves the need for the
wireless telecommunications facility to provide service primarily
and essentially within the Village. Such documentation shall include
propagation studies of the proposed site and all adjoining planned,
proposed, in-service or existing sites that demonstrate a significant
gap in coverage and/or if a capacity need, including an analysis of
current and projected usage;
(c)
The name, address and phone number of the person preparing the
report;
(d)
The name, address, and phone number of the property owner and
the applicant, including the legal name of the applicant. If the site
is a tower and the owner is different than the applicant, provide
name and address of the tower owner;
(e)
The postal address and tax map parcel number of the property;
(f)
The zoning district or designation in which the property is
situated;
(g)
Size of the property stated both in square feet and lot line
dimensions, and a survey showing the location of all lot lines;
(h)
The location of, and distance to, the nearest residential structure;
(i)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(j)
The type, location(s) and dimension(s) of all proposed and existing
landscaping, and fencing;
(k)
The azimuth, size and center-line height location of all proposed
and existing antennae on the supporting structure;
(l)
The number, type and model of the antenna(s) proposed with a
copy of the specification sheet;
(m)
The make, model, type and manufacturer of the tower and design
plan stating the tower's capacity to accommodate multiple users;
(n)
A site plan describing the proposed tower and antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including
height above preexisting grade, dimensions, materials, color and lighting;
(o)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(p)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts;
(q)
Signed documentation such as the "checklist to determine whether
a facility is categorically excluded" to verify that the wireless
telecommunication facility with the proposed installation will be
in full compliance with the current FCC RF emissions guidelines (NIER).
If not categorically excluded, a complete RF Emissions study is required
to provide verification;
(r)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(s)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(t)
A copy of the geotechnical subsurface soils investigation, evaluation
report and foundation recommendation for a proposed or existing tower
site and if existing tower or water tank site, a copy of the installed
foundation design.
(12)
The applicant will provide a written copy of an analysis, completed
by a qualified individual or organization, to determine if the proposed
new tower or the proposed or existing structure intended to support
wireless facilities complies with Federal Aviation Administration
Regulation Part 77 and if it requires lighting. This requirement shall
also be for any existing structure or building where the application
increases the height of the structure or building. If this analysis
determines that an FAA determination is required, then all filings
with the FAA, all responses from the FAA and any related correspondence
shall be provided to the Village in connection with the application.
(13)
Application for new tower.
(a)
In the case of a new tower, the applicant shall be required
to submit a written report demonstrating its meaningful efforts to
secure shared use of existing tower(s) or the use of alternative buildings
or other structures within the Village. Copies of written requests
and responses for shared use shall be provided to the Village in the
application, along with any letters of rejection stating the reason
for rejection.
(b)
In order to better inform the public, in the case of a new telecommunication
tower, the applicant shall, prior to the public hearing on the application,
hold a "balloon test." The applicant shall arrange to fly, or raise
upon a temporary mast, at a size and length replicating the length
and size of the proposed antennae and platform, but in no case less
than a minimum of a three foot in diameter brightly colored balloon
at the maximum height of the proposed new tower. The dates, (including
a second date, in case of poor visibility on the initial date) times
and location of this balloon test shall be advertised by the applicant
seven and 14 days in advance of the first test date in a newspaper
with a general circulation in the Village. At least 14 days prior
to the conduct of the balloon test, a sign shall be erected so as
to be clearly visible from the road nearest the proposed site and
shall be removed no later than 14 days after the conduct of the balloon
test. The sign shall be at least four feet by eight feet in size and
shall be readable from the road by a person with 20/20 vision. Such
sign shall be placed off, but as near to, the public right-of-way
as is possible and shall contain the times and date(s) of the balloon
test and contact information. The applicant shall inform the Village,
in writing, of the dates and times of the test, at least 14 days in
advance. The balloon shall be flown for at least four consecutive
hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen.
The primary date shall be on a weekend, but in case of poor weather
on the initial date, the secondary date may be on a weekday. A report
with pictures from various locations of the balloon shall be provided
with the application.
(c)
The applicant shall examine the feasibility of designing the
proposed tower to accommodate future demand for at least four additional
commercial applications, for example, future co-locations. The tower
shall be structurally designed to accommodate at least four additional
antenna arrays equal to those of the applicant, and located as close
to the applicant's antenna as possible without causing interference.
This requirement may be waived, provided that the applicant, in writing,
demonstrates that the provisions of future shared usage of the tower
is not technologically feasible, is commercially impracticable or
creates an unnecessary and unreasonable burden, based upon:
[1]
The foreseeable number of FCC licenses available for the area;
[2]
The kind of wireless telecommunications facilities site and
structure proposed;
[3]
The number of existing and potential licenses without wireless
telecommunications facilities spaces/sites;
[4]
Available space on existing and approved towers.
(d)
The owner of a proposed new tower, and his/her successors in
interest, shall negotiate in good faith for the shared use of the
proposed tower by other wireless service providers in the future,
and shall:
[1]
Respond within 60 days to a request for information from a potential
shared-use applicant;
[2]
Negotiate in good faith concerning future requests for shared
use of the new tower by other telecommunications providers;
[3]
Allow shared use of the new tower if another telecommunications
provider agrees in writing to pay reasonable charges. The charges
may include, but are not limited to, a pro rata share of the cost
of site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
less depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
[4]
Failure to abide by the conditions outlined above may be grounds
for revocation of the special use permit.
(14)
The applicant shall provide certification with documentation
(structural analysis) including calculations that the telecommunication
facility tower and foundation and attachments, rooftop support structure,
water tank structure, and any other supporting structure as proposed
to be utilized are designed and will be constructed to meet all local,
city, state and federal structural requirements for loads, including
wind and ice loads. All new or modified towers or other vertical support
structures containing wireless antennas shall be designed to an EIA-TIA
222 G Class III standard or any subsequently adopted more stringent
standard.
(15)
If proposal is for a co-location or modification on an existing
tower, the applicant is to provide signed documentation of the Tower
condition such as an ANSI report as per Annex E, Tower Maintenance
and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version.
The inspection report must be performed every three years for a guyed
tower and five years for monopoles and self-supporting towers. Copies
of such inspection reports shall be provided to the Village.
(16)
All proposed wireless telecommunications facilities shall contain
a demonstration that the facility will be sited so as to minimize
visual intrusion as much as possible, given the facts and circumstances
involved and will thereby have the least adverse visual effect on
the environment and its character and on the residences in the area
of the wireless telecommunications facility.
(17)
If a new tower, proposal for a new antenna attachment to an
existing structure, or modification adding to a visual impact, the
applicant shall furnish a visual impact assessment, which shall include:
(a)
If a new tower or increasing the height of an existing structure
is proposed, a computer generated "zone of visibility map" at a minimum
of one mile radius from the proposed structure, with and without foliage
shall be provided to illustrate locations from which the proposed
installation may be seen.
(b)
Pictorial representations of "before and after" (photo simulations)
views from key viewpoints both inside and outside of the Village as
may be appropriate, including but not limited to state highways and
other major roads; state and local parks; other public lands; historic
districts; preserves and historic sites normally open to the public;
and from any other location where the site is visible to a large number
of visitors, travelers or residents. Guidance will be provided, concerning
the appropriate key sites at the pre-application meeting. Provide
a map showing the locations of where the pictures were taken and distance
from the proposed structure.
(c)
A written description of the visual impact of the proposed facility
including; and as applicable the tower base, guy wires, fencing and
accessory buildings from abutting and adjacent properties and streets
as relates to the need or appropriateness of screening.
(18)
The applicant shall demonstrate and provide in writing and/or
by drawing how it shall effectively screen from view the base and
all related equipment and structures of the proposed wireless telecommunications
facility.
(19)
The wireless telecommunications facility and any and all accessory
or associated facilities shall maximize the use of building materials,
colors and textures designed to blend with the structure to which
it may be affixed and/or to harmonize with the natural surroundings,
this shall include the utilization of stealth or concealment technology
as may be required by the Village.
(20)
All utilities at a wireless telecommunications facility site
shall be installed underground and in compliance with all laws, ordinances,
rules and regulations of the Village, including specifically, but
not limited to, the National Electrical Safety Code and the National
Electrical Code where appropriate.
(21)
At a telecommunications site, an access road, turnaround space
and parking shall be provided to assure adequate emergency and service
access. Maximum use of existing roads, whether public or private,
shall be made to the extent practicable. Road construction shall at
all times minimize ground disturbance and the cutting of vegetation.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion.
(22)
All wireless telecommunications facilities shall be constructed,
operated, maintained, repaired, provided for removal of, modified
or restored in strict compliance with all current applicable technical,
safety and safety-related codes adopted by the Village, state, or
United States, including but not limited to the most recent editions
of the ANSI Code, National Electrical Safety Code and the National
Electrical Code, as well as accepted and responsible workmanlike industry
practices and recommended practices of the National Association of
Tower Erectors. The codes referred to are codes that include, but
are not limited to, construction, building, electrical, fire, safety,
health, and land use codes. In the event of a conflict between or
among any of the preceding, the more stringent provision(s) shall
apply.
(23)
A holder of a special use permit granted under this section
shall obtain, at its own expense, all permits and licenses required
by applicable law, rule, regulation or code, and must maintain the
same, in full force and effect, for as long as required by the Village
or other governmental entity or agency having jurisdiction over the
applicant.
(24)
There shall be a preapplication meeting. The purpose of the
preapplication meeting will be to address issues that will help to
expedite the review and permitting process. A preapplication meeting
shall also include a site visit if there has not been a prior site
visit for the requested site.
(25)
An applicant shall submit to the Village the number of completed
applications determined to be needed at the preapplication meeting.
Written notification of the application shall be provided to the legislative
body of all adjacent municipalities as applicable and/or requested.
(26)
The holder of a special use permit shall notify the Village
of any intended modification of a wireless telecommunication facility
and shall apply to the Village to modify, relocate or rebuild a wireless
telecommunications facility.
(27)
With respect to this application process, the Board of Trustees
will normally seek to have lead agency status pursuant to SEQRA. The
Board of Trustees shall conduct an environmental review of the proposed
project pursuant to SEQRA in combination with its review of the application.
I.
Location of wireless telecommunications facilities.
(1)
Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, Subsection I(1)(a) being the highest priority and Subsection I(1)(d) being the lowest priority.
(a)
On existing towers or other structures on Village-owned properties,
including within the the Village right-of-way.
(b)
On existing towers or other structures on other property in
the Village.
(c)
A new tower or any other structure on Village-owned properties,
including the Village right-of-way.
(d)
A new tower or any other structure on properties in areas zoned
for residential use.
(2)
If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person 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.
(3)
An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Village
why co-location is commercially or otherwise impracticable. Agreements
between providers limiting or prohibiting co-location shall not be
a valid basis for any claim of commercial impracticability or hardship.
(4)
Notwithstanding the above, the Village may approve any site located
within an area in the above list of priorities, provided that the
Village finds that the proposed site is in the best interest of the
health, safety and welfare of the Village and its inhabitants and
will not have a deleterious effect or impact on the nature and character
of the community and neighborhood.
(5)
The applicant shall submit a written report demonstrating the applicant's
review of the above locations in order of priority, demonstrating
the technological reason for the site selection. If appropriate, based
on selecting a site of lower priority, a detailed written explanation
as to why sites of a higher priority were not selected shall be included
with the application.
(6)
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the Village may
disapprove an application for any of the following reasons.
(a)
Conflict with safety and safety-related codes and requirements;
(b)
Conflict with the historic nature or character of a neighborhood
or historical district;
(c)
The use or construction of wireless telecommunications facilities
which is contrary to an already stated purpose of a specific zoning
or land use designation;
(d)
The placement and location of wireless telecommunications facilities
which would create an unacceptable risk, or the reasonable probability
of such, to residents, the public, employees and agents of the Village,
or employees of the service provider or other service providers;
(e)
Conflicts with the provisions of this section.
J.
Shared use of wireless telecommunications facilities and other structures.
(1)
The Village, as opposed to the construction of a new tower, shall
prefer locating on existing towers or other existing structures without
increasing the height of same. The applicant shall submit a comprehensive
report inventorying existing towers and other suitable structures
within two miles of the location of any proposed new tower, unless
the applicant can show that some other distance is more reasonable
and can demonstrate conclusively why an existing tower or other suitable
structure cannot be used.
(2)
An applicant intending to locate on an existing tower or other suitable
structure shall be required to document the intent of the existing
owner to permit its use by the applicant as a prerequisite to filing
an application.
(3)
Such shared use shall consist only of the minimum antenna array technologically
required to provide service primarily and essentially within the Village,
to the extent practicable, unless good cause is shown.
K.
Height of telecommunications towers, facilities and antennae.
(1)
The applicant shall submit documentation justifying the total height
of any tower, facility and/or antenna requested and the basis therefore.
Documentation in the form of propagation studies must include all
backup data used to perform at requested height and a minimum of 10
feet lower height to allow verification of this height need. Such
documentation will be analyzed in the context of the justification
of the height needed to provide service primarily and essentially
within the Village, to the extent practicable, unless good cause is
shown.
(2)
No tower, facility or antenna constructed after the effective date
of this section, including allowing for all attachments, shall exceed
that height which shall permit operation without required artificial
lighting of any kind in accordance with Village, state, and/or any
federal statute, law, local law, Village ordinance, code, rule or
regulation.
L.
Visibility of wireless telecommunications facilities.
(1)
Wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by law.
(2)
Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surrounding environment
and shall be maintained in accordance with the requirements of this
section.
(3)
If lighting is required, the applicant shall provide a plan for sufficient
lighting that is also as unobtrusive and inoffensive as permissible
under state and federal regulations.
M.
Security of wireless telecommunications facilities. All wireless
telecommunications facilities and antennae shall be located, fenced
or otherwise secured in a manner that prevents unauthorized access.
Specifically:
(1)
All antennas, towers and other supporting structures, including guy
anchor points and wires, shall be made inaccessible to individuals
and constructed or shielded in such a manner that they cannot be climbed
or collided with; and
(2)
Transmitters and telecommunications control points shall be installed
in such a manner that they are readily accessible only to persons
authorized to operate or service them.
N.
Signage. Wireless telecommunications facilities shall contain a sign
no larger than four square feet in order to provide adequate notification
to persons in the immediate area of the presence of RF radiation or
to control exposure to RF radiation within a given area. A sign of
the same size is also to be installed to contain the name(s) of the
owner(s) and operator(s) of the antenna(e) as well as emergency phone
number(s). The sign shall be on the equipment shelter or cabinet of
the applicant and be visible from the access point of the site and
must identify the equipment owner of the shelter or cabinet. On tower
sites, an FCC registration site as applicable is also to be present.
The signs shall not be lighted, unless applicable law, rule or regulation
requires lighting. No other signage, including but not limited to
advertising, shall be permitted.
O.
Lot size and setbacks. All proposed towers and any other proposed
wireless telecommunications facility structures shall be set back
from abutting parcels, recorded rights-of-way and road and street
lines by the greater of the following distances: A distance equal
to the height of the proposed tower or wireless telecommunications
facility structure plus 10% of the height of the tower or structure,
or the existing setback requirement of the underlying zoning district,
whichever is greater. Any accessory structure(s) shall be located
so as to comply with the applicable minimum setback requirements for
the property on which it is situated.
P.
Retention of expert assistance and reimbursement by applicant.
(1)
The Village may hire any consultant and/or expert necessary to assist
the Village in reviewing and evaluating the application, including
the construction and modification of the site, once permitted, and
any site inspections.
(2)
An applicant shall deposit with the Village escrow funds sufficient
to reimburse the Village for all costs of the Village's consultant
in providing expert evaluation and consultation to any agency of the
Village in connection with the review of any application, including
where applicable, the lease negotiation, the preapproval evaluation,
and the construction and modification of the site, once permitted.
The initial deposit shall be $8,500. The placement of the $8,500 with
the Village shall precede the preapplication meeting. The Village
will maintain a separate escrow account for all such funds. The Village's
consultants/experts shall invoice the Village for its services related
to the application. If at any time during the process this escrow
account has a balance less than $2,500, the applicant shall immediately,
upon notification by the Village, replenish said escrow account so
that it has a balance of at least $5,000. Such additional escrow funds
shall be deposited with the Village before any further action or consideration
is taken on the application. In the event that the amount held in
escrow by the Village is more than the amount of the actual invoicing
at the conclusion of the project, the remaining balance shall, upon
request of the applicant, be promptly refunded to the applicant. If
notified by the Village that additional escrow is required, the applicant
may request copies of consultants' and/or experts' invoices. If the
applicant finds errors in those invoices, the applicant may ask the
Village to audit those specific items for reasonableness, and may
request relief there from if not deemed reasonable by the Village.
(3)
Notwithstanding the above, there shall be a fee cap of $17,000 as
to the total consultant fees to be charged to applicant per application
and/or per location. The foregoing does not prohibit the Village from
imposing additional reasonable and cost based fees for costs incurred
should an applicant amend or change its application and the fee cap
shall not apply as to any fees which the Village determines to be
attributable to the dilatory or otherwise bad faith actions of applicant
in providing a complete application or in proceeding with a public
hearing.
(4)
The total amount of the funds needed as set forth in Subsection P(2) of this section may vary with the scope (lease negotiations and/or review) and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.
Q.
Public hearing and notification requirements.
(1)
Prior to the approval of any application for a special use permit
for wireless telecommunications facilities, a public hearing shall
be held by the Village, notice of which shall be published in the
Village's official newspaper designated for publishing such notices
and in a newspaper of general circulation in the Village no less than
10 calendar days prior to the scheduled date of the public hearing.
In order that the Village may notify nearby landowners, the application
shall contain the names and address of all landowners whose property
is located within 1,500 feet of any property line of the lot or parcel
on which the new wireless telecommunications facilities are proposed
to be located.
(2)
There shall be no public hearing required for an application to co-locate
on an existing tower or other structure or a modification at an existing
site, as long as there is no proposed increase in the height of the
tower or structure, including attachments thereto.
R.
Action on an application for a special use permit.
(1)
The Village will undertake a review of an application pursuant to
this section in a timely fashion, consistent with its responsibilities,
and shall act within a reasonable period of time given the relative
complexity of the application and the circumstances, with due regard
for the public's interest and need to be involved, and the applicant's
desire for a timely resolution.
(2)
The Village may refer any application or part thereof to any advisory
board, committee or commission, for a nonbinding recommendation.
(3)
After the public hearing and after formally considering the application,
the Village may approve, approve with conditions, or deny a special
use permit. Its decision shall be in writing and shall be supported
by substantial evidence contained in a written record. The burden
of proof for the granting of the permit shall at all times be upon
the applicant.
(4)
If the Village approves the special use permit for wireless telecommunications
facilities, then the applicant shall be notified of such approval
in writing of the Village's action, and the special use permit shall
be issued within 30 days after such approval, provided that the applicant
has satisfied all requirements of this Code, and any and all conditions
of approval. Except for necessary building permits, and subsequent
certificates of compliance, once a special use permit has been granted
hereunder, no additional permits or approvals from the Village, such
as site plan or zoning approvals, shall be required by the Village
for the wireless telecommunications facilities covered by the special
use permit.
(5)
If the Village denies the special use permit for wireless telecommunications
facilities, then the applicant shall be notified of such denial in
writing within 10 calendar days of the Village's action.
S.
Recertification of special permit.
(1)
All special use permits approved pursuant to this section shall expire
five years from the date of issuance, unless between 12 months and
six months prior to the five-year anniversary date of the special
use permit being issued, and all subsequent five-year anniversaries
of the issuance of the original special use permit for wireless telecommunications
facilities, the holder of a special use permit for such facility shall
submit a signed, written request to the Board for recertification.
In the written request for recertification, the holder of such special
use permit shall include the following:
(a)
The name of the holder of the special use permit for the wireless
telecommunications facility;
(b)
If applicable, the number or title of the special use permit;
(c)
The date of the original granting of the special use permit;
(d)
Whether the wireless telecommunications facility has been moved,
relocated, rebuilt, or otherwise modified since the issuance of the
special use permit and if so, in what manner;
(e)
A representation that the wireless telecommunications facility
is in compliance with the special use permit and compliance with all
applicable codes, laws, rules and regulations;
(f)
Recertification that the wireless telecommunications facility
and attachments are designed and constructed and continue to meet
all local, Village, state and federal structural requirements for
loads, including wind and ice loads. Such recertification shall be
made by a professional engineer, licensed in the state, the cost of
which shall be borne by the applicant.
(g)
A representation that the existing wireless telecommunications
facility cannot be replaced by a wireless telecommunications facility
of improved stealth technology which will reduce the visual impact
of such existing facility.
(2)
After such review, the Board determines that the permitted wireless
telecommunications facility is in compliance with the special use
permit and all applicable statutes, laws, local laws, ordinances,
codes, rules and regulations currently in effect, then the Board shall
issue a recertification of the special use permit for the wireless
telecommunications facility, which may include any new provisions
or conditions that are required by applicable statutes, laws, ordinances,
codes, rules or regulations. If, after such review, it is determined
that the permitted wireless telecommunications facility is not in
compliance with the special use permit and all applicable statutes,
laws, ordinances, codes, rules and regulations, then the Board may
refuse to issue a recertification of the special use permit for the
wireless telecommunications facility. The applicant for recertification
shall be notified of the Board's refusal to recertify in writing.
The wireless telecommunications facility shall thereafter be brought
into compliance within 30 days. In the event the wireless communications
facility is not brought into compliance within 30 days from the date
of the decision of the Board, the facility shall be subject to a new
special use permit application, which shall be promptly filed, or
the structure and/or facility shall be removed by the permittee in
accordance with the provisions of this section.
(3)
If the applicant represents that the wireless communications facility can be replaced by a facility of improved visual appearance through the use of stealth technology pursuant to Subsection S(1)(g) of this section, the special use permit shall be renewed on the condition that the wireless telecommunications facility shall be replaced by a wireless communications facility of improved stealth technology as approved by the Board prior to the expiration of the conditional renewal.
(4)
If the applicant has submitted all of the information requested and required by this section, and if the review is not completed, as noted in Subsection S(2) of this section, prior to the five-year anniversary date of the special use permit, or subsequent five year anniversaries, then the applicant for the permitted wireless telecommunications facility shall receive an extension of the special use permit for up to six months, in order to complete the recertification review.
(5)
If the holder of a special use permit for a wireless telecommunications facility does not submit a request for recertification of such special use permit within the timeframe noted in Subsection S(1) of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent five-year anniversaries.
T.
Extent and parameters of special use permit. The extent and parameters
of a special use permit for wireless telecommunications facilities
shall be as follows:
(1)
Such special use permit shall not be assigned, transferred or conveyed
without the express prior written notification to the Village.
(2)
Such special use permit may, following a hearing upon due prior notice
to the applicant, be revoked, canceled, or terminated for a violation
of the conditions and provisions of the special use permit, or for
a material violation of this section after prior written notice to
the holder of the special use permit.
U.
Application fee. At the time that a person submits an application
for a special use permit for a new tower, facility or antenna, or
for modifying or co-locating on an existing tower or other suitable
structure, where no increase in height of the tower or structure is
required, or for a temporary facility, there shall be submitted with
said application a nonrefundable application fee per application and/or
per location, in an amount to be determined by the Village Board of
Trustees and set forth in the Village's Fee Schedule.
V.
Performance security. The applicant and the owner of record of any
proposed wireless telecommunications facilities property site shall,
at its cost and expense, be jointly required to execute and file with
the Village a bond, or other form of security acceptable to the Village
as to type of security and the form and manner of execution, in an
amount of at least $75,000 for a tower facility and $25,000 for a
co-location on an existing tower or other structure and with such
sureties as are deemed sufficient by the Village to assure the faithful
performance of the terms and conditions of this section and conditions
of any special use permit issued pursuant to this section. The full
amount of the bond or security shall remain in full force and effect
throughout the term of the special use permit and/or until any necessary
site restoration is completed to restore the site to a condition comparable
to that, which existed prior to the issuance of the original special
use permit.
W.
Reservation of authority to inspect. In order to verify that the
holder of a special use permit for wireless telecommunications facilities
and any and all lessees, renters, and/or licensees of wireless telecommunications
facilities, place and construct such facilities, including towers
and antennas, in accordance with all applicable technical, safety,
fire, building, and zoning codes, laws, ordinances and regulations
and other applicable requirements, the Village may inspect all facets
of said permit holder's, renter's, lessee's or licensee's placement,
construction, modification and maintenance of such facilities, including,
but not limited to, towers, antennas and buildings or other structures
constructed or located on the permitted site.
X.
Liability insurance.
(1)
A holder of a special use permit for wireless telecommunications
facilities shall secure and at all times maintain public liability
insurance for personal injuries, death and property damage, and umbrella
insurance coverage, for the duration of the special use permit in
amounts as set forth below:
(2)
For a wireless telecommunications facility on Village property, the
commercial general liability insurance policy shall specifically include
the Village and its officers, board members, employees, committee
members, attorneys, agents and consultants as additional insureds.
(3)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the State and with
a Best's rating of at least "A."
(4)
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Village with at least 30 days' prior
written notice in advance of the cancellation of the insurance.
(5)
Renewal or replacement policies or certificates shall be delivered
to the Village at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
(6)
Before construction of a permitted wireless telecommunications facilities
is initiated, but in no case later than 15 days after the granting
of the special use permit, the holder of the special use permit shall
deliver to the Village a copy of each of the policies or certificates
representing the insurance in the required amounts.
Y.
Indemnification.
(1)
Any application for wireless telecommunication facilities that is
proposed for Village property, pursuant to this section, shall contain
a provision with respect to indemnification. Such provision shall
require the applicant, to the extent permitted by the law, to at all
times defend, indemnify, protect, save, hold harmless, and exempt
the Village, and its officers, councils, employees, committee members,
attorneys, agents, and consultants from any and all penalties, damages,
costs, or charges arising out of any and all claims, suits, demands,
causes of action, or award of damages, whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might
arise out of, or are caused by, the placement, construction, erection,
modification, location, products performance, use, operation, maintenance,
repair, installation, replacement, removal, or restoration of said
facility, excepting, however, any portion of such claims, suits, demands,
causes of action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the Village, or its
servants or agents. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys' fees, consultants' fees,
and expert witness fees are included in those costs that are recoverable
by the Village.
Z.
Penalties for offenses.
(1)
In the event of a violation of this section or any special use permit
issued pursuant to this section, the Village may impose and collect,
and the holder of the special use permit for wireless telecommunications
facilities shall pay to the Village, fines or penalties as set forth
below.
(2)
In the event of a violation of this section or any special use permit
issued pursuant to this section, the Village may impose and collect,
from the property owner and/or holder of a special use permit for
wireless telecommunications facilities the fines or penalties as set
forth below.
(3)
The failure to comply with the provisions of this section shall subject the applicant, property owner, or lessee to the code enforcement provisions and procedures set forth in Chapter 1, General Provisions, Article 1, § 1-1(B) of the Village Code of the Incorporated Village of Plandome Manor.
(4)
Notwithstanding anything in this section, the holder of the special
use permit for wireless telecommunications facilities may not use
the payment of fines, liquidated damages or other penalties, to evade
or avoid compliance with this section or any section of this section.
An attempt to do so shall subject the holder of the special use permit
to termination and revocation of the special use permit. The Village
may also seek injunctive relief to prevent the continued violation
of this section, without limiting other remedies available to the
Village.
AA.
Default and/or revocation. If a wireless telecommunications facility is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the special use permit, then the Village shall notify the holder of the special use permit in writing of such violation. A holder of a special use permit in violation may be considered in default and subject to fines as in Subsection Y and if a violation is not corrected to the satisfaction of the Village in a reasonable period of time the special use permit is subject to revocation.
BB.
Removal of wireless telecommunications facilities.
(1)
Under the following circumstances, the Village may determine
that the health, safety, and welfare interests of the Village warrant
and require the removal of wireless telecommunications facilities.
(a)
Wireless telecommunications facilities with a permit have been
abandoned (i.e. not used as wireless telecommunications facilities)
for a period exceeding 90 consecutive days or a total of 180 days
in any three-hundred-sixty-five-day period, except for periods caused
by force majeure or acts of God, in which case, repair or removal
shall commence within 90 days;
(b)
Permitted wireless telecommunications facilities fall into such
a state of disrepair that it creates a health or safety hazard; and/or
(c)
Wireless telecommunications facilities have been located, constructed,
or modified without first obtaining, or in a manner not authorized
by, the required special use permit, or any other necessary authorization
and the special permit may be revoked.
(2)
If the Village makes such a determination as noted in Subsection BB(1) of this section, then the Village shall notify the holder of the special use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed, the Village may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.
(3)
The holder of the special use permit, or its successors or assigns,
shall dismantle and remove such wireless telecommunications facilities,
and all associated structures and facilities, from the site and restore
the site to as close to its original condition as is possible, such
restoration being limited only by physical or commercial impracticability,
within 90 days of receipt of written notice from the Village. However,
if the owner of the property upon which the wireless telecommunications
facilities are located wishes to retain any access roadway to the
wireless telecommunications facilities, the owner may do so with the
approval of the Village.
(4)
If wireless telecommunications facilities are not removed or
substantial progress has not been made to remove the wireless telecommunications
facilities within 90 days after the permit holder has received notice,
then the Village may order officials or representatives of the Village
to remove the wireless telecommunications facilities at the sole expense
of the owner or special use permit holder.
(5)
If the Village removes, or causes to be removed, wireless telecommunications
facilities, and the owner of the wireless telecommunications facilities
does not claim and remove it from the site to a lawful location within
10 days, then the Village may take steps to declare the wireless telecommunications
facilities abandoned, and sell them and their components.
(6)
Notwithstanding anything in this section to the contrary, the
Village may approve a temporary use permit/agreement for the wireless
telecommunications facilities, for no more than 90 days, during which
time a suitable plan for removal, conversion, or relocation of the
affected wireless telecommunications facilities shall be developed
by the holder of the special use permit, subject to the approval of
the Village, and an agreement to such plan shall be executed by the
holder of the special use permit and the Village. If such a plan is
not developed, approved and executed within the ninety-day time period,
then the Village may take possession of and dispose of the affected
wireless telecommunications facilities in the manner provided in this
section.
CC.
Relief. Any applicant desiring relief, waiver or exemption from any
aspect or requirement of this section may request such, provided that
the relief or exemption is contained in the submitted application
for either a special use permit, or in the case of an existing or
previously granted special use permit a request for modification of
its tower and/or facilities. Such relief may be temporary or permanent,
partial or complete. However, the burden of proving the need for the
requested relief, waiver or exemption is solely on the applicant to
prove. The applicant shall bear all costs of the Village in considering
the request and the relief, waiver or exemption. No such relief or
exemption shall be approved unless the applicant demonstrates by clear
and convincing evidence that, if granted the relief, waiver or exemption
will have no significant affect on the health, safety and welfare
of the Village, its residents and other service providers.
DD.
Periodic regulatory review by the Village.
(1)
The Village may at any time conduct a review and examination
of this entire article.
(2)
If after such a periodic review and examination of this section,
the Village determines that one or more provisions of this section
should be amended, repealed, revised, clarified, or deleted, then
the Village may take whatever measures are necessary in accordance
with applicable law in order to accomplish the same.
EE.
Ongoing notice requirement by the holder of special use permit. If
technology develops so as to significantly reduce the size of any
existing wireless telecommunications facilities that were previously
approved by the Village and/or to improve the aesthetics of existing
approved structures, the Village must be notified in writing of same.
FF.
Adherence to state and/or federal rules and regulations.
(1)
To the extent that the holder of a special use permit for wireless
telecommunications facilities has not received relief, or is otherwise
exempt, from appropriate state and/or federal agency rules or regulations,
then the holder of such a special use permit shall adhere to, and
comply with, all applicable rules, regulations, standards, and provisions
of any state or federal agency, including, but not limited to, the
FAA and the FCC. Specifically included in this requirement are any
rules and regulations regarding height, lighting, security, electrical
and RF emission standards.
(2)
To the extent that applicable rules, regulations, standards,
and provisions of any state or federal agency, including but not limited
to, the FAA and the FCC, and specifically including any rules and
regulations regarding height, lighting, and security are changed and/or
are modified during the duration of a special use permit for wireless
telecommunications facilities, then the holder of such a special use
permit shall conform the permitted wireless telecommunications facilities
to the applicable changed and/or modified rule, regulation, standard,
or provision within a maximum of 24 months of the effective date of
the applicable changed and/or modified rule, regulation, standard,
or provision, or sooner as may be required by the issuing entity.
GG.
Conflict with other laws. Where this section differs or conflicts
with other laws, rules and regulations, unless the right to do so
is preempted or prohibited by the Village, state or federal government,
this section shall apply.
HH.
Effective date. This section shall be effective immediately upon
passage, pursuant to applicable legal and procedural requirements.
II.
Authority. This section is enacted pursuant to applicable authority
granted by the state and federal government.
