Article IV Supplementary Regulations

Buildings or structures shall be limited to two stories not to exceed 28 feet in height, with a minimum distance of 100 feet from a property line, allowing a minimum of 100 feet between each building or structure, except:

A private burial chamber, private chapel, private crypt, private mausoleum or private vault for an individual family may be erected, provided that the height of the chamber, chapel, crypt, mausoleum or vault does not exceed 15 feet and it is located not less than 50 feet from a property line, allowing a minimum of 25 feet between structures.

A caretaker's cottage shall conform to requirements of the district in which the cemetery is located.

No grave markers or monuments exceeding one foot in height may be placed nearer than 15 feet to a property line.

The maximum percent of coverage of land by buildings or structures shall be 5%.

No chapel or mausoleum, except for a private family structure, shall be permitted on any lot less than 50 acres in size.

Any structure erected on cemetery land adjacent to residential property shall be screened with evergreen plants and/or fencing.

No building footprint shall exceed 5,000 square feet in size nor 100 feet in length, width or depth as measured in bisecting vertical/horizontal axes.

Editor's Note: Local Law No. 16-1995, adopted 12-13-1995, provided that nothing contained in L.L. No. 5-1994, shall, directly or indirectly, be construed as altering, limiting, restricting or in any way or manner effecting any site plan approved prior to passage and adoption of L.L. No. 5-1994.

Home occupations, where permitted in single-family detached dwellings, shall comply with the following:

[Amended 7-8-1987 by L.L. No. 3-1987; 9-13-1995 by L.L. No. 10-1995]

Said home occupations shall be conducted by members of the family residing on the premises.

Said home occupation shall be incidental and subordinate to the residential use and shall not occupy more than 50% of the area of one floor of the principal building. No home occupation shall be conducted in an accessory building or outside of the principal building.

In no manner shall the appearance of the building be altered or shall the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, size or the emission of sounds, noises or vibrations. No display of products shall be visible from the street, and no stock in trade shall be kept on the premises.

The home occupation shall not increase the vehicular traffic flow by more than one additional vehicle at a time and shall not involve the use or outdoor storage of commercial vehicles for delivery of materials to and from the premises.

No home occupation shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other hazard or nuisance to any greater extent or more frequent extent than that usually experienced in the district under circumstances wherein no home occupation were to exist.

Home occupations shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, dancing schools, mortuaries, nursery schools or day-care centers, clubs, auto repair shops, television and radio repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above.

Professional offices in single-family detached residences, where permitted, shall comply with the following:

[Amended 9-13-1995 by L.L. No. 10-1995]

Said office shall be conducted by a professional residing on the premises. Not more than two nonresident assistants shall be employed by any such professional resident.

Said office shall be incidental and subordinate to the residential use of the building and shall not occupy more than 50% of the area of the ground floor of the principal building. No office shall be conducted in an accessory building.

In no manner shall the appearance of the building be altered or shall the office within the residence be conducted in a manner that would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, sizes or the emission of sounds, noises or vibrations.

The professional office shall not increase the vehicular traffic flow by more than one additional vehicle at a time and shall not involve the use or outdoor storage of commercial vehicles for delivery of materials to and from the premises.

No professional office shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other hazard or nuisance to any greater extent or more frequent extent than that usually experienced in the district under circumstances wherein no professional office were to exist.

Professional offices in multifamily dwellings, where permitted, shall comply with the following:

[Added 9-13-1995 by L.L. No. 10-1995[2]]

Professional offices in multifamily dwellings shall be limited to the ground floor. For purposes of this subsection only, the words "ground floor" shall mean the first floor of residential use.

In no manner shall the exterior appearance of the residential unit or the common areas of the building be altered, nor shall the office within the residence be conducted in such a manner that would cause the premises to differ from the residential character of the building or the appearance of other residential units in the building.

No professional office in a multifamily building shall exceed in size the largest unit used for residential purposes.

No professional office shall create noise, dust, vibration, odor, smoke, electrical interference, fire hazard or any other hazard or nuisance in excess of that usually experienced in the district under circumstances wherein no professional office were to exist.

All professional offices must register with the Building Department and obtain a permit from the Building Inspector. All existing offices as of the date of this Subsection E shall have one calendar year to register and obtain said permit.

Professional offices in multifamily buildings established prior to the effective date of this subsection shall not be held to regulations more restrictive than those in effect at which time said offices were constructed, except that said offices shall be required to comply with the registration provisions with the Building Department per Subsection E(5) above.

Editor's Note: This local law also provided for existing Subsections E through N to be relettered as Subsection F through O.

Trailers, recreation vehicles, boats and commercial vehicles. The outdoor storage or parking and use of a trailer or recreation vehicle by any person or persons is hereby prohibited in all districts, except that:

Not more than one unoccupied trailer or recreation vehicle or one vehicle having commercial registration per dwelling unit may be stored, but not used for dwelling purpose, on an occupied lot in any residence district, provided that such trailer or recreation vehicle or vehicle having commercial registration is not stored in a front yard. If stored in a side or rear yard, said trailer or recreation vehicle or vehicle having commercial registration shall be buffered from view by a fence or landscape screen of at least six feet in height.

Not more than one boat per dwelling unit may be stored on an occupied lot in any residence district, provided that such boat is not stored in a front yard. If stored in rear or side yard, said boat shall be buffered from view by a fence or landscape screen of at least six feet in height.

Where a building permit has been issued for the construction or alteration of a building or immediately following an emergency or disaster, the Building Inspector may issue a temporary permit for one or more trailers for a period not to extend for more than one year from the date of disaster. For nonresidential areas, the number of trailers shall be limited to that which the Building Inspector shall deem to be necessary in each case. Said temporary permit may be extended for two additional successive periods of six months each if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension.

In nonresidential districts, with written permission from the Building Inspector, one van or trailer with a valid vehicle registration may be parked and used in the parking lot of a commercial building housing professional offices, said van or trailer to be used to provide medical services, including but not limited to C.A.T. scans, magnetic resonance imaging (MRI), bloodmobile and hypertension screening, provided that said vehicle is on the premises only occasionally or periodically, and provided further that, in the opinion of the Building Inspector, said use does not impede safe pedestrian or vehicle traffic flow or otherwise create a nuisance. This section shall not apply to professional offices in a home or apartment building.

[Added 7-8-1987 by L.L. No. 3-1987]

Swimming pools. Except as provided hereinafter, no swimming pool shall be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:

Said pool may be installed or maintained in any residential district or in any nonresidential district where specifically permitted.

Said pool shall be used as an accessory use to a dwelling or group of dwellings or as part of the recreational facilities of a camp, club or similar use.

When accessory to a single-family residence, such pool shall be located in a rear yard only.

The portion of the premises upon which such pool is located shall be entirely surrounded and enclosed with a good quality security fence which shall have a height of not less than four feet, notwithstanding any other provisions of this chapter. Said fence shall be of a type approved by the Building Inspector of the Town of Greenburgh. All enclosures shall have railings and posts within the enclosure which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between the posts and at the top of the posts, respectively. Enclosure, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation.

[Amended 4-12-2000 by L.L. No. 3-2000]

Every gate or other opening in the fence enclosing such pool shall be self-closing and self-latching and shall be kept securely locked at all times when said pool is not in use. The latch handle on every gate shall be located within the enclosure and at least 40 inches above grade and shall be securely locked with a key, combination or other childproof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised.

[Amended 7-8-1987 by L.L. No. 3-1987; 4-12-2000 by L.L. No. 3-2000]

Such pool shall be not located less than 15 feet from the side and rear lot lines. Any patio surrounding such pool shall not be located less than 10 feet from any lot line. Any deck surrounding such pool shall be subject to all the otherwise applicable yard requirements for buildings or structures, as applicable. There shall be no required setback between a pool and any building.

[Amended 7-8-1987 by L.L. No. 3-1987]

Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

No loudspeaker or amplifying device shall be permitted which can be heard beyond the lot lines of the lot on which said pool is located.

No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.

Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Building Inspector may, at his discretion, issue a permit for the erection of said pool without such fencing. The Building Inspector shall, however, first make a finding to the effect that, in his opinion, said pool has protection from entry equivalent to that afforded by the erection of a fence as provided for in Subsection F(4) of this section.

Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.

No permission shall be granted for the installation of any swimming pool unless the plans thereof meet the minimum Town of Greenburgh construction requirements. The plans shall show the method of disposal of filter backwash material and the method of draining the pool, and such methods and points of discharge shall be satisfactory to the Town of Greenburgh Department of Public Works and to the Westchester County Health Department, Division of Environmental Health Services.

If unenclosed, the area of the swimming pool shall not be included within the limitations of percentage of coverage of land allowed for permitted accessory buildings.

(14)

A wall of a dwelling is permitted to serve as part of the enclosure under the following conditions:

[Added 4-12-2000 by L.L. No. 3-2000]

Windows in the wall shall have a latching device at least 40 inches above the floor.

A swimming door in the wall shall be self-closing and self-latching.

A sliding door in the wall shall have a self-latching device.

(15)

Where an aboveground pool has a deck which abuts or is adjacent to a dwelling and direct access to the deck is through the exterior wall of the dwelling, such access shall be in accordance with § 285-36G(14).

[Added 4-12-2000 by L.L. No. 3-2000]

(16)

Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the requirements of § 285-36G(5), (14) and (15), provided that their access ladder or steps can be blocked in an approved manner when not intended for use.

[Added 4-12-2000 by L.L. No. 3-2000; amended 4-29-2003 by L.L. No. 3-2003]

Tennis courts on lots of 30,000 square feet or greater, subject to the following:

Such facilities shall be deemed to be a structure and shall not be located less than 20 feet from the side and rear lot lines. For the purposes of measuring yard areas, said tennis court shall be deemed to be a surfaced area of 60 feet in width by 120 feet in length.

Such facilities shall be located in side or rear yards only.

No illumination of the facility of any kind shall be allowed.

Fences of a maximum of 12 feet in height may be allowed.

An evergreen planting strip of 10 feet in width and 10 feet in height shall be provided to screen the recreation use from the view of adjacent properties.

No loudspeaker or amplifying device shall be permitted.

If unenclosed, the area of the tennis court shall not be included within the limitations of the percentage of coverage of land allowed for permitted accessory buildings.

Trash compactors, where permitted, shall be located in the rear yard only, subject to the following:

The compactor shall be located no closer to the property lines than is permitted for an accessory structure in said district.

The compactor shall not be located in a required loading berth or in required off-street parking spaces.

The compactor shall be of rodentproof design.

The design and operation of the trash compactor shall be approved by the Building Inspector of the Town of Greenburgh prior to its installation.

Location of accessory uses. Unless otherwise specified, all accessory uses permitted in this chapter shall be located in the principal building or in any side or rear yard, with the exception of permitted signs and off-street parking for one-family dwellings as provided in § 285-38B, which may also be located in any front yard, provided that said parking does not result in the parking of vehicles on or within one foot of a public right-of-way.

[Amended 7-8-1987 by L.L. No. 3-1987; 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]

Exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties and shall not cause any objectionable glare observable from such streets or properties and shall be limited to 14 feet in height.

Basements. No basement shall be used for bedroom or kitchen purposes unless it is fully enclosed and suitably heated.

[Amended 5-22-2013 by L.L. No. 2-2013]

Prohibited uses in all districts. Any other provisions of this chapter notwithstanding, and except as provided hereinafter, the following uses shall be prohibited in all districts:[3]

Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes, in any form, in a manner or amount so as to cause permanent damage to the soil or any stream or to adversely affect the surrounding area; or by reason of the creation of noise, vibration or electromagnetic disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates, or which involves any dangerous fire, explosive, radioactive or other hazard, or which can cause injury, annoyance or disturbances to any of the surrounding properties or to their owners and occupants; and any other process or use which is prejudicial to health, safety or the general welfare.

Junkyards or dumps, except for those existing as of the effective date of this chapter in the LI Light Industrial District.

[Amended 7-8-1987 by L.L. No. 3-1987]

Trailers, trailer camps or mobile home parks.

Manufacture or storage of ammunition, explosives or fireworks.

Roll-up, accordion, scissors lath, steel grille, security steel or other types of security doors designed to provide a second layer of enclosure for storefronts or doorways.

[Added 7-8-1987 by L.L. No. 3-1987]

Communication facility uses other than those permitted in § 285-37.

[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]

Any antenna or facility that produces or contributes to the production of emissions that exceed the maximum permissible exposure levels listed in Table IV[4] or any subsequent superseding standard adopted by the Federal Communications Commission.

[Added 8-13-1996 by L.L. No. 7-1996; amended 4-29-1997 by L.L. No. 6-1997]

Editor's Note: Table IV is included at the end of this chapter.

Massage parlors.

[Added 11-9-2015 by L.L. No. 14-2015]

Adult-use cannabis on-site consumption.

[Added 12-14-2022 by L.L. No. 20-2022]

Editor's Note: Former Subsection M, Satellite receiving antennas, as amended, was repealed 8-13-1996 by L.L. No. 7-1996 and again 4-29-1997 by L.L. No. 6-1997. These local laws also provided for the redesignation of former Subsections N and O as M and N, respectively.

Sheds.

[Added 12-20-1994 by L.L. No. 12-1994]

No shed shall exceed 150 square feet in size nor 10 feet in height. Shed setbacks shall be a minimum of three feet for sheds up to 100 square feet and a minimum of five feet for all other sheds. No more than one shed shall be allowed per single-family detached unit and shall be restricted to the rear yard.

To obtain a building permit for any shed built or erected before January 1, 1981, a landowner may present proof of construction documenting that the shed was built or erected before January 1, 1981, or alternatively sign an affidavit attesting to the fact that construction of the shed was completed prior to January 1, 1981. Where proof of the date of construction is by affidavit alone, the Building Inspector shall attempt to verify the date prior to issuing a building permit by performing an inspection.

Gasoline service station convenience stores shall comply with the following:

[Added 11-12-1997 by L.L. No. 11-1997[5]]

Implementation of safety measures which shall include at a minimum the following: unobstructed windows of an adequate size which would allow activity inside the store to be seen from the outside, installation of a drop-safe, cash registers located so that they may be seen from outside the store.

There will be sufficient security to prevent the use of the premises as a loitering place during the hours of operation.

Parking requirements as set forth in § 285-38E of this chapter.

The maximum coverage of land by buildings or structures shall not exceed that allowed in the underlying zone.

Gross floor area of gasoline station convenience store shall not exceed 800 square feet, unless the requirements of Subsection O(8) below are met and a special permit has been granted by the Town Board.

The following items shall not constitute more than 45% of the wholesale dollar value of the total displayed inventory and shall be less than the minimum inventory percentage required under State Liquor Authority guidelines in order to qualify for a license to sell beer, wine products and other alcoholic beverages: dairy products, canned goods, baked goods, fruits/vegetables, meats, cold cuts, fish or other groceries.

There shall be no provision for on-site consumption of food by patrons, including but not limited to tables, chairs and eating utensils.

The gross floor area of a gas station convenience store may exceed 800 square feet upon the issuance of a special permit by the Town Board, if the following conditions are met:

A site plan acceptable to the Town Board, after review and recommendation by the Planning Board, is submitted which meets all the requirements of this chapter and Chapter 370 of the Code of the Town of Greenburgh.

Submission of proof satisfactory to the Town Board which demonstrates that any potential traffic impacts due to the development of a convenience store with more than 800 square feet of gross floor area either will not adversely affect traffic circulation in and around the proposed location or appropriate mitigation measures shall be implemented to alleviate any potential adverse traffic impacts.

Additional security and safety measures are implemented so as to ensure the safety of the patrons and employees. Such measures shall include but shall not necessarily be limited to video surveillance and panic or holdup alarm systems.

Appropriate landscaping as determined and approved by the Commissioner of Conservation and Community Development shall be installed and maintained.

Provide a floor plan and demonstrate compliance with this chapter and, upon satisfaction of all terms and conditions required for a gasoline station convenience store, obtain a change of occupancy permit pursuant to Greenburgh Town Code § 285-45.

Editor's Note: This local law also provided that "All existing convenience stores shall have 90 days from the effective date of this law to demonstrate compliance and obtain the required permits and approvals."

Incidental dining special permit.

[Added 3-8-2000 by L.L. No. 2-2000]

Any bakery, pizzeria, delicatessen or ice cream stand may apply to the Planning Board for a special permit to offer seating for a maximum of eight persons for on-site consumption of food, whether provided inside or outside of the building structure, exempt from off-street parking requirements for restaurants or quick-service establishments. This provision shall not apply to establishments that otherwise qualify as restaurants, quick-service or fast-food establishments, gasoline convenience stores, supermarkets or grocery stores. Tables shall be no greater than 36 inches in length and width or diameter so as to accommodate a maximum of up to four chairs. Each chair shall be designed for a maximum of one-person seating and shall not exceed 30 inches in length and width.

[Amended 4-11-2018 by L.L. No. 4-2018]

In order to obtain an incidental dining special permit, the applicant must demonstrate at a public hearing on the application that:

There is a minimum of one parking space for each 200 square feet of area occupied by the public within applicant's business establishment or provide documentation showing adequate parking in the immediate vicinity of applicant's business establishment during peak weekday and weekend parking utilization periods, as determined by the Planning Board.

The applicant has requested, and the Planning Board has received, a letter from the Building Inspector stating that the proposed incidental dining use of the premises is compliant with state and local building codes and regulations and that the layout and design of the tables and chairs poses no safety concerns under such state and local building codes and regulations.

The applicant submitted to the Building Inspector, the Planning Board and, in areas covered by a paid fire department, the local paid fire chief stamped documentation from a certified engineer establishing that the fire-suppression system provides adequate levels of fire protection to the public and that the Planning Board has afforded the Building Inspector and Fire Chief an adequate time period to respond, if they choose, to the adequacy and acceptability of such fire-suppression system prior to a decision being made on the special permit application.

The applicant has submitted to the Building Inspector and Planning Board a proposed layout for the tables and seating.

The applicant has satisfied any concerns of the Planning Board with respect to any of the above items or other relevant concerns regarding the application.

(Reserved)

Adult establishments. Adult establishments, as defined in § 285-5, shall be permitted as set forth in §§ 285-32 and 285-33, upon the issuance of a special permit by the Town Board, subject to the following conditions:

[Added 1-10-2001 by L.L. No. 1-2001]

Adult establishments shall be permitted in Light Industrial (LI) and General Industrial (GI) Districts only.

Adult establishments shall not be located less than:

Five hundred feet from the property line of all residentially zoned lots.

Five hundred feet from the property line of any synagogue, mosque, church or other place of worship, school, camp, day-care center, park, playground, playing field, or any place that caters to children.

Two thousand feet from any other adult establishment.

No adult establishment shall serve alcohol.

No adult establishment shall permit any employee or others providing services to the adult establishment to display specified anatomical areas.

All adult establishments shall be staffed with one security person for every 50 persons or portion thereof approved for occupancy of the adult establishment, to be on duty at all times that the adult establishment is open.

No adult establishment shall be located on a lot with frontage on a state or county road.

No more than one adult establishment shall be permitted on a single lot.

Any other conditions required to address secondary effects.

Clinic, dental or medical. A clinic, dental or medical, as defined in § 285-5, shall be permitted upon issuance of a special permit by the Town Board in the following districts: CA Central Avenue Mixed-Use Impact, HC Hartsdale Center, UR Urban Renewal, OB Office Building, OB-1 Office Building, LOB Limited Office Building, IB Intermediate Business, GI General Industrial, PD Planned Development, LI Light Industrial, CB Close Business, in accordance with the general and specific standards and procedures set forth in § 285-25A(4)(j) of this chapter.

[Added 8-17-2005 by L.L. No. 3-2005]

Massage establishment special permit. A massage establishment shall only be permitted upon issuance of a special permit by the Town Board and only in the following districts: OB Office Building, OB-1 Office Building, LOB Limited Office Building, DS Designed Shopping, PED Planned Economic Development, CA Central Avenue Mixed-Used Impact, HC Hartsdale Center, CB Close Business, IB Intermediate Business, LI Light Industrial, GI General Industrial, and UR Urban Renewal Districts.

[Added 11-9-2015 by L.L. No. 14-2015]

The application for special permit approval shall include:

An itemized narrative explaining how compliance with this chapter, each general standard below and each specific standard, if any, for the zoning district in which such use will be located will be achieved.

A fully dimensional diagram or floor plan showing planned occupancy or use of all areas, interior and exterior, including exits, windows, doors, sanitary facilities, and the locations of all massage tables.

General standards. Any massage establishment special permit use must comply with this chapter and the special standards enumerated in each zoning district, as well as the general standards set forth below:

Each special permit use shall be reasonably necessary for the public health or general interest or welfare.

Each special permit use shall be of such character, intensity, size and location that, in general, it will be in harmony with the orderly development of the district in which the property concerned is situated and will not be detrimental to the orderly development of adjacent districts.

Each special permit use shall be so located in order to be adequately serviced by transportation facilities, water supply, waste disposal, fire and police protection and similar services.

Each special permit use which adjoins or abuts a residence district shall be so located on the lot involved that it shall not impair the use, enjoyment and value of adjacent residential properties.

No special permit use shall create pedestrian or vehicular traffic hazards because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings.

No special permit use shall include the display of signs, noise, fumes or lights that will hinder normal development of the district or impair the use, enjoyment and value of adjacent land and buildings.

The applicant shall comply and remain in compliance with all provisions of Chapter 375, the Massage Establishment Law of the Code of the Town of Greenburgh.

Conditions for issuance of permit.

In order to obtain a massage establishment special permit, the applicant must demonstrate, at a public hearing on the application, that such general and specific standards have been fully met.

Upon such finding, the Town Board may grant such special permit and in so doing may impose any conditions that it may deem necessary to accomplish the reasonable application of such standards.

Special permits issued pursuant to this section shall be effective from the date of filing of the permit by the Town Board with the Town Clerk unless revoked or suspended in accordance with Subsection T(4) below.

Notwithstanding the above, upon a hearing of the Town Board, a special permit granted pursuant to this subsection may be revoked or suspended for a period of time at the Town Board's sole discretion, upon a finding of material noncompliance with one or more of the general and/or specific standards for granting such special permit.

Beekeeping. The keeping of bees, upon registration through the Department of Community Development and Conservation, subject to the following:

[Added 4-3-2018 by L.L. No. 2-2018]

Beekeeping shall be limited to the keeping of Honey Bees on properties of at least 10,000 square feet in the One-Family Residence Districts.

Apiaries, which shall constitute a hive or hive-like structure having removable frames specifically designed, constructed and maintained for purposes of housing a Bee Colony, shall be located at least 20 feet from any property line, excluding the front property line. However, no Apiaries are permitted in a front yard. The Apiary's entrance must face away from the property line closest to the beehive and must be situated to avoid unreasonable interference with pedestrian traffic. In instances where an abutting or adjacent resident provides medical documentation of a serious allergy to bee stings, to the satisfaction of the Town Attorney, the Apiary shall be located at least 250 feet from any property line. All Bee Colonies shall be kept in appropriately sized, designed and maintained Apiaries which shall be kept and maintained at all times in a sound and usable condition. The prospective beekeeper shall have, or cause to have, a physical barrier such as a fence or hedgerow along an appropriate portion or entirety of the nearest property line of the Apiary. The orientation and location of the hives and applicable physical barrier shall be inspected by and be to the satisfaction of the Commissioner of the Department of Community Development and Conservation.

Applicants must notify abutting or adjacent property owners/current resident, by United States Mail, both by first class and by certified return receipt, at least one month prior to the registration process with the Department of Community Development and Conservation, notifying them of their intent to register and maintain an apiary or apiaries. A copy of a standard notification will be provided by the Department of Community Development and Conservation. A list of mailings shall be submitted as part of the Town registration process.

On lots 10,000 square feet to 40,000 square feet, no more than two Apiaries shall be permitted. On lots greater than 40,000 square feet, no more than four Apiaries shall be permitted.

Commercial signage associated with any Apiary is prohibited.

It shall be the duty of every Beekeeper: a) to be educated in and strictly adhere to best management practices; b) to maintain Bees, Bee Colonies and Apiaries in a location and condition that will prevent diseases and/or abandonment of the Apiary. Evidence of completed educational/training programs by the prospective beekeeper must be provided in connection with the applicable registration form, to the satisfaction of the Commissioner of the Department of Community Development and Conservation.

All Apiaries shall be registered annually with the Department of Community Development and Conservation on forms provided or approved by the Town; the purposes of such registration being: to maintain a record of the number and location of each Apiary, to obtain the most current contact and credential/education information in connection with each Beekeeper and to obtain a certification from each Beekeeper acknowledging receipt of a copy of this chapter and the most current rules and regulations that may be promulgated pursuant to this chapter. A Beekeeper shall provide to the Department of Community Development and Conservation any updates to the information contained in the annual registration within 10 days of any change, including but not limited to the abandonment or potential change in location of any Apiary.

Any Beekeeper who violates any provisions of the registration/beekeeping process is subject to a revocation of their registration by the Building Inspector, following a finding by the Commissioner of the Department of Community Development and Conservation that the beekeeping activity unreasonably interferes with persons residing on adjacent property and/or constitutes a nuisance.

§ 285-37 Antennas.

[Added by L.L. No. 7-1996[1]; amended 4-29-1997 by L.L. No. 6-1997; 3-24-1999 by L.L. No. 3-1999]

In order to encourage the siting of personal wireless services facilities in nonresidential areas and to protect, to the maximum extent permitted local governments by the Telecommunications Act of 1996 and the Federal Communications Commission, the aesthetics, the suburban character of the Town of Greenburgh, the property values of the community, the health and safety of citizens and a citizen's ability to receive communications signals without interference from other communications providers, while not unreasonably limiting competition among communications providers or unreasonably limiting reception of receive-only antennas, no antenna(s), communications facility or supporting structure shall be located, constructed or maintained on any lot, building, structure or land area, except in conformity with the following requirements. [NOTE: Inclusion in this section of communications facilities as as-of-right and special permit uses is not an indication the Town Board considers such facilities generally in concert with the residential character of the Town. The provisions attempt to mitigate provisions of the Telecommunications Act of 1996 that prohibit prohibition of such structures while providing local governments limited siting control.]

Regulatory compliance. Antenna(s) and their supporting structures shall be securely mounted to withstand the wind loads for the place of installation in accordance with New York State Building Code, be constructed and maintained in conformance with all building, electrical, fire-prevention and other applicable codes adopted by the Town Board, be in conformity with any other construction or performance standards (including approved fastening devices and techniques that ensure proper mounting, approved materials and methods for electrical connections, adequate structural support, etc.), and be in conformance with the rules and regulations of any governmental entity having jurisdiction over such antenna(s) or supporting structure, including, without limitation, the Federal Communications Commission. No building permit shall be issued for an antenna or antenna-related structure unless all existing antennas and antenna support structures on the lot are in compliance with this section. The following procedure is established to process the applications of antenna and antenna-related structures:

Except for antenna installations exempt from the provisions of this section, as specified in § 285-5 under the definition of "structure" and in § 285-37A(25), all antenna installations shall require the submission of nine copies of a fully completed building application to the Building Inspector for each antenna installation and/or location, who shall accept the application and copies.

Within one business day of receipt of the application, the Building Inspector shall mail to each of the Antenna Review Board members one copy of the application.

The Antenna Review Board, within 30 days from the date the application was filed with the Building Inspector, shall advise the applicant and the Building Inspector in writing of the Board's determination as to whether the application is complete with respect to the requirements set forth in § 285-37A(16).

If the application is deemed incomplete by the Antenna Review Board with respect to § 285-37A(16), the applicant may either amend its application to contain the material necessary for acceptance by the Antenna Review Board within 30 days of the Antenna Review Board's notice of incompleteness or, if the applicant disagrees with such determination, the applicant can appeal the Antenna Review Board's incompleteness determination to the Zoning Board of Appeals within 30 days of the Antenna Review Board's notice of incompleteness. If an appeal is made to the Zoning Board of Appeals regarding the Antenna Review Board's determination on completeness, any individual who is a member of both the Zoning Board of Appeals and the Antenna Review Board must recuse himself or herself from the hearing, deliberations and decision of the Zoning Board of Appeals on such appeal.

If an application is deemed preliminarily complete by the Antenna Review Board with respect to § 285-37A(16), the Building Inspector, who shall have performed a review of the application for compliance with the Town's zoning laws as well as state laws, shall issue a final determination of completeness of the application, and shall notify the applicant and the Chairperson of the Antenna Review Board in writing that the application has received final approval for completeness. If the Building Inspector issues a final determination that the application is incomplete, the applicant may appeal such determination to the Zoning Board of Appeals within 30 days of such final determination.

The Building Inspector, in issuing a letter of final approval for completeness to the applicant and the Antenna Review Board, shall advise the applicant as to whether the application is as-of-right, needing Antenna Review Board approval on the aesthetic considerations contained in § 285-37A(20) and § 285-37A(3)(i) and visual considerations contained in § 285-37A(2), or that the application requires a special permit and/or variances from the Zoning Board of Appeals or the Town Board.

On as-of-right permit applications, the Antenna Review Board shall notify the applicant, within seven business days from the date that the application is deemed complete by the Building Inspector, of the date, time and place when a hearing will be held pursuant to the Open Meetings Law[2] on the aesthetic considerations contained in § 285-37A(20) and § 285-37A(3)(i) and visual considerations contained in § 285-37A(2) in order to determine the conditions relating to such considerations to be placed on the as-of-right permit.

Editor's Note: See Article 7 of the New York State Public Officers Law.

The Antenna Review Board shall meet and render a decision on the aesthetic conditions to be attached to the approval of the as-of-right permit within 21 business days of the application being deemed complete by the Building Inspector and shall render a decision within 20 business days of the hearing.

The Antenna Review Board's decision relating to aesthetic conditions based on § 285-37A(20) and § 285-37A(3)(i) shall be attached to the as-of-right permit by the Building Inspector or his duly authorized representative.

If a special permit and/or variance(s) is required, the applicant shall submit 20 copies of the special permit application to the approving Board within 30 days from the date the Building Inspector determines that the application is complete, and the Zoning Board of Appeals Secretary or Town Clerk shall disseminate the application to the Zoning Board of Appeals or Town Board, the Antenna Review Board and other relevant agencies of the Town. The Secretary of the Zoning Board of Appeals or Town Clerk shall then schedule a date for a public hearing on the special permit application and variance application, if applicable, pursuant to the established procedures of said boards.

Placement and height. Unless the Federal Communications Commission promulgates rules to the contrary, all communications facilities shall be a distance of not less than 350 feet from the nearest child day-care center, school, camp, public park or playground, as defined in this chapter, and, if installed in a cemetery, shall be at least 500 feet from the nearest property line. In addition, all antenna installations, including personal wireless service facilities, shall comply with setback requirements as modified in § 285-37A(3), be mounted in the rear yard or on the roof unless reception is unreasonably inhibited or visibility increased, and comply with the following:

All antenna(s) mounted on a roof, unless wall mounted on an existing roof-mounted mechanical enclosure or similar appurtenance, shall be located to the rear of the roof center line so that visibility of the installation is limited to the greatest extent practicable when viewed from the front yard. In no case shall the elevation of the top of any antenna exceed the elevation of the roof at the point of installation by more than seven feet in a residential district or 15 feet in a nonresidential district. On a flat roof, the installation shall not be closer than 10 feet to the exterior surface of any exterior wall. For the purposes of this provision, the term "roof" shall mean a horizontal or inclined surface serving as the top closure of the principal structure, excluding such surfaces over penthouses, stairwells, mechanical enclosures or similar appurtenances.

All antenna(s) located in the rear yard shall be mounted on a secure supporting structure and, unless modified elsewhere in this section, shall not exceed 12 feet in total height in a residential district and 25 feet in height in a nonresidential district, unless the support structure abuts the principal structure, in which case the total height shall not exceed the elevation of the roof at the point of installation by more than seven feet in a residential district and 15 feet in a nonresidential district.

If the approving agency finds, based on the documentation submitted, that roof or rear yard installation unreasonably inhibits reception or that wall mounting decreases the visibility of the installation, wall mounting on the principal structure shall be permitted if in conformity with the following:

On structures with sloped roofs, provided that the elevation of the top of the antenna(s) does not exceed the elevation of the roofline at the point of installation by more than seven feet in a residential district or 15 feet in a nonresidential district, wall mounting shall be permitted in the side yard at least 15 feet from the front yard and in the rear yard.

Wall mounting on the principal structure in any other location or on a principal structure with a flat roof shall be permitted, provided that the height of the top of the antenna(s) does not exceed the height of the roof or parapet and that the antenna(s) does not project more than two feet into the front yard.

Wall mounted antenna(s) shall be at least 20 feet above ground level.

Unless permitted as-of-right based on the conditions set forth in § 285-37A(8), if provisions in § 285-37A(2)(a), (b) or (c) inhibit reception, a monopole or antenna tower shall be a special permit use and shall be granted in accordance with the conditions set forth in § 285-37A(10).

Antenna(s) mounted on a new or existing monopole or tower shall comply with the height requirements specified in § 285-37A(10).

Setbacks. Subject to the exceptions hereinafter set forth, unless modified elsewhere in this section, all accessory structure setback requirements applicable for the district in which an antenna installation or communications facility is situated shall apply to such antenna installation or communications facility:

[Amended 6-24-2020 by L.L. No. 6-2020]

No antenna installation shall be permitted in any required buffer;

Wall-mounted or chimney-mounted antenna(s) may project no more than two feet into the front yard;

There shall be no required setback between an antenna installation or monopole and the principal building;

In any district where the rear yard setback is based on a fixed distance and increased incrementally based on accessory structure height, only the fixed distance shall apply if all abutting lots are used exclusively for nonresidential purposes;

No communications facility located in a cemetery shall be closer than 500 feet to any lot line;

If a monopole or tower is required and the rear lot line is within a radius of 350 feet of a residential district, the minimum distance of the monopole or tower from the rear lot line shall be the same as the minimum distance between an accessory structure and the rear lot line for the lot in which it is situated or 20% of the lot depth, whichever is greater; and

If a monopole or tower is required and the side lot line is within a radius of 350 feet of a residential district, the minimum distance of the monopole or tower from the side lot line shall be the same as the minimum distance between an accessory structure and the side lot line for the lot in which it is situated or 20% of the lot width, whichever is greater.

If the distance from the center of the monopole or tower to an existing principal building is less than eight feet, the percentage-based setbacks specified in § 285-37A(3)(f) and (g) shall not apply.

To encourage aesthetic improvements and collocation, a monopole installed between August 13, 1996, and August 1, 1998, in full conformity with the provisions of this chapter in effect at the time of installation but nonconforming due to the percentage-based setback requirements of § 285-37A(3)(f) and (g) shall be exempt from the setback requirements of § 285-37A(3)(f) and (g) and the requirement for a special permit in order to allow as-of-right collocation of a second macrocell, provided that no height variance is required and that the existing monopole is either replaced with a more aesthetically desirable support structure or significantly enhanced to increase the camouflaging and/or shielding of the installation in a manner satisfactory to the Antenna Review Board.

The setback to the lot line of any monopole or antenna tower shall be no less than the maximum distance from the center of the monopole or tower to the perimeter of the fall zone should the structure collapse, as certified by a professional engineer specializing in structural engineering.

No wireless facility may be located within 100 feet of any property, or on a building or structure that is listed on the National Register of Historic Places, or eligible to be so listed, or located within an historic district.

As-of-right receiving devices. Over-the-air receive-only devices in compliance with Federal Communications Commission rules and standards and the provisions of this chapter shall be permitted accessory uses in all districts. The approving agency shall not unreasonably inhibit a viewer's ability to install, maintain and receive available video programming services through devices designed for over-the-air reception.

Satellite dish antenna. Satellite dish antennas no greater than 18 inches in maximum diameter shall not require a building permit. Satellite dish antennas having a maximum diameter no greater than one meter (39.37 inches) shall be permitted accessory uses in all districts, and satellite dish antennas having a maximum diameter no greater than two meters (78.74 inches) shall be permitted accessory uses in nonresidential districts and shall be subject to the provisions in § 285-37 only if a support structure is required that positions the closest point of the dish more than 18 inches from the principal or accessory structure or the undisturbed ground at the point of installation. Notwithstanding any provision contained herein to the contrary, a receive-only satellite dish antenna one meter or less in diameter installed in full conformity with the manufacturer's specifications shall not require a building permit, provided that the name of the manufacturer and the make, model and installation specifications are filed with the Building Inspector upon request pursuant to a specific concern regarding the safety of the installation.

Amateur stations. Amateur station antenna(s) shall be special permit uses in all districts. In reviewing an application for a special permit for an amateur station antenna, the Zoning Board of Appeals shall balance the needs of the amateur operator against the Town's desire to preserve the aesthetics of the surrounding neighborhood, restrict NIER emissions to permitted levels, avoid interference with other communications devices, and ensure that children cannot gain access to the antenna monopole or antenna tower. In furtherance of these objectives, unless reception is unreasonably inhibited, such antenna shall be located on the roof to the rear of the roof center line or in the rear yard abutting the principal structure, not exceed the roof elevation at the point of installation by more than seven feet in a residential district or 15 feet in a nonresidential district when not in use, and, if mounted on an antenna tower or monopole, the antenna tower or monopole shall be constructed or shielded in such a manner to prevent climbing. To balance the competing interests, the Zoning Board of Appeals shall consider the following factors and may allow the amateur station antenna to be placed in another location and in excess of the height limitations if the facts of the case warrant such a deviation based on the following considerations:

Topography of the lot and terrain of the surrounding area as the same relates to the effectiveness and range of the communications;

Nature and extent of the license issued to the amateur operator;

Nature and extent of the amateur radio service sought by the amateur operator, i.e., local, national, international amateur service, amateur-satellite service or radio amateur civil emergency service;

The applicant's participation in Department of Defense or other emergency relief organizations;

Hours of operation proposed by the applicant;

Whether the antenna is retractable, motorized or fixed;

Whether an alternate antenna configuration or installation can meet the amateur operator's documented objectives;

Existing and proposed mitigating landscaping or other buffer material between the antenna installation and adjacent lots; and

Such other factors as the Zoning Board of Appeals may deem relevant consistent with the community's aesthetic and safety objectives and the Federal Communications Commission's objective of allowing amateur radio services.

AM/FM broadcast station facilities.

AM/FM broadcast station facilities having a certificate of public convenience and necessity issued by the Public Service Commission of the State of New York shall be special permit uses in the GI District on lots having no lot line closer than 350 feet to a residential district boundary line and be approved if the applicant provides proof satisfactory to the Zoning Board of Appeals that:

The unincorporated area of the Town is in the center of a region requiring such AM and/or FM station;

The installation will be in conformity with provisions in § 285-37A(1) through (3) and provisions in § 285-37A(12) through (20); and

The height of the tower, which may exceed the limits set forth herein, is the minimum height necessary to provide the public service.

The facility shall also be subject to provisions § 285-37A(21) through (24).

As-of-right personal wireless service facility sites. In order to address the increased need for personal wireless services along major thoroughfares, personal wireless service facilities not less than 350 feet from the nearest school, day-care center, camp, public park or playground, as defined in this chapter, not requiring any zoning variance and not mounted on a new or existing antenna tower, in compliance with § 285-37A(10) if a new or existing monopole is required, not situated in a critical environmental area and not subject to Type I SEQRA review, providing coverage to an area of the unincorporated area of the Town, shall be permitted accessory or principal uses, subject to the applicable conditions imposed by the Antenna Review Board for aesthetic considerations stated in § 285-37A(20) and § 285-37A(3)(i), and visual considerations stated in § 285-37A(2).

[Amended 6-24-2020 by L.L. No. 6-2020]

In nonresidential districts on lots having a lot line abutting a state or local thoroughfare with four or more lanes (other than turning, parking or center median lanes) that extend as four lanes more than 500 feet. However, if a monopole is required and the operator, owner or applicant owns a monopole or tower within one mile or there are two or more monopoles or antenna towers within one mile, regardless of ownership, such site shall not be as-of-right and shall require a special permit;

On lots containing an operational firehouse as a permitted principal use;

On lots in a GI or LI District;

On federal and state-owned buildings if in compliance with this chapter and any applicable federal and state regulations;

In cemeteries larger than 100 contiguous acres if situated more than 500 feet from the cemetery's nearest lot line, provided that the total height does not exceed 80 feet, notwithstanding any height restriction contained herein to the contrary;

On public utility rights-of-way containing tower-elevated high-voltage electric power transmission lines, provided that the antenna(s) is mounted directly on an existing electric power line tower and does not exceed the height of the power line tower, notwithstanding any height or setback restriction contained herein to the contrary;

On Town-owned property used by the Department of Public Works within 200 feet of the Sprain Brook Parkway, provided that the total height does not exceed 80 feet, notwithstanding any height restriction contained herein to the contrary; and on the Hartsdale Parking Authority property within 200 feet of the Bronx River Parkway, provided that the total height does not exceed 90 feet, to accommodate a new personal wireless service facility, notwithstanding any height restriction contained herein to the contrary, to accommodate unusual topography;

In all districts if the proposed facility constitutes an eligible facilities request, subject to the requirements of § 285-37A(27); or

In all districts inside the public rights-of-way if the proposed facility meets the definition of a small wireless facility. The requirements and conditions for small wireless facilities set forth in § 285-37A(28) shall supersede the requirements and conditions in this § 285-37A(8).

Special permit personal wireless service facility sites. Personal wireless service facilities at locations other than those specified in § 285-37A(8) or that do not meet the conditions set forth therein shall require a special use permit from the Town Board if the site is on Town-owned property and the Zoning Board of Appeals if situated in any other area, renewable every five years, and shall be permitted only if competent professionals, including a professional engineer with the qualifications set forth in § 285-37A(16), submit in writing at the time of application to the Building Inspector, and prove to the approving Board at the time of hearing, the following:

That the facility is needed to provide coverage to an area of the unincorporated area of the Town that currently has inadequate coverage.

That the facility is the minimum height and aesthetic intrusion necessary to provide that coverage.

If proposed for placement on a lot in a nonresidential district, that adequate coverage cannot be achieved by siting or collocating the facility on one or more of the permitted sites listed in § 285-37A(8) and meeting the conditions therein, that all reasonable measures in siting the facility at all those locations have been exhausted or that technical or space limitations prevent location or collocation at those sites. If the lot abuts a residential district, then, in addition to the aforementioned conditions, it must be established that adequate coverage cannot be achieved by siting the facility on a lot which does not abut a residential district;

If proposed for placement in a residential district or on Town-owned property which abuts a residential district, that adequate coverage cannot be achieved by siting or collocating the facility on one or more of the permitted sites listed in § 285-37A(8) and meeting the conditions therein or on one or more sites in a nonresidential district, that all reasonable measures in siting the facility at all those locations have been exhausted or that technical or space limitations prevent location or collocation at those sites.

If proposed for placement within 350 feet of the nearest child day-care center, school, camp, public park or playground, as defined in this chapter, that there is no feasible means of meeting the needs of the applicant by installing similar facilities on one or more permitted sites not within the three-hundred-fifty-foot setback and that the proposed distance from such facility is the maximum distance practicable, as certified by a professional engineer with the qualifications set forth in § 285-37A(16). In addition, the facility shall be constructed in such a manner as to minimize its attraction to children and shall be located and constructed in such a manner as to make it impossible for children to gain access to the facility;

If a new or existing antenna tower or monopole is required for mounting the antenna(s), that the conditions set forth in § 285-37A(10) have been met.

Monopoles and antenna towers.

Antenna towers and tower-mounted antennas at any location, and monopoles and monopole-mounted antennas at locations other than those specified in § 285-37A(8) or that do not meet the conditions set forth in § 285-37A(8) or hereinafter, as determined by the Building Inspector, shall require a special use permit from the Town Board if the site is on Town-owned property and from the Zoning Board of Appeals if situated in any other area, and be permitted if, and only if, competent professionals, including a professional engineer with the qualifications set forth in § 285-37A(16), submit in writing the following at the time of application to the Building Inspector and prove to the approving Board at the time of hearing that:

Alternative means of mounting the antenna(s) inhibit reception.

The height is the minimum height necessary for adequate reception to meet the applicant's primary communications needs as defined in § 285-37A(23) and the aesthetic intrusion has been minimized to the greatest extent practicable pursuant to § 285-37A(20).

The height, as measured from the undisturbed grade at the base of the supporting structure, does not exceed 200% and collocated facilities do not exceed 10 feet plus 200% of the maximum height for a permitted principal use in the district in which it is situated, plus four additional feet, not exceeding 125 feet.

If a residential district is within 350 feet of the monopole or tower, the maximum elevation of the antenna(s) installation does not exceed the average elevation of the lot's lot lines by 200% and collocated facilities do not exceed 10 feet plus 200% of the maximum height for a permitted principal use in the district in which it is situated, plus four additional feet, not exceeding 125 feet. The average elevation shall be measured along a straight line from lot line to lot line through the point of installation, using those points on the lot lines that result in the greatest slope.

Accessory structure setbacks as modified in § 285-37A(3) are met.

Appropriate landscaping and security is provided as defined in § 285-37A(13) and § 285-37A(19), respectively.

The site and/or installation(s) is not nonconforming and will not become nonconforming or increase in nonconformity by reason of the installation of antenna(s) and related appurtenances.

In addition, for new monopole or tower installations, proof acceptable to the Town Attorney must be submitted committing the applicant and his/her successors in interest to provide a written responsive reply within 30 days to any provider requesting collocation information, to negotiate collocation terms in good faith if space is available and to impose no more than reasonable charges for such collocation. Permanent platforms or structures, exclusive of antennas, that, in the opinion of the Antenna Review Board or other approving agency, unnecessarily increase off-site visibility are prohibited. Installation of monopoles or antenna towers by special permit shall also be subject to § 285-37A(9). In addition, antenna towers shall only be permitted if a professional engineer with the qualifications set forth in § 285-37A(16) certifies it is not possible to achieve the provider's communications needs by roof, wall or monopole mounting. In no case shall the use of wired towers be permitted. All towers must be self-supporting without the use of wires, cables, beams or other means.

Collocation. Collocation shall be permitted unless the site or installation is nonconforming or if the site or installation becomes nonconforming or increases in nonconformity due to the installation of the telecommunications equipment. If permitted, collocation shall be required unless the personal wireless service provider submits proof as part of the submitted application acceptable to the approving agency that reasonable efforts to collocate have been unsuccessful due to:

The absence of existing installations in the area requiring service;

An inability to use existing sites in a technologically feasible manner consistent with the personal wireless service provider's system requirements;

Structural or other engineering limitations, such as frequency incompatibilities; or

An inability to secure permission of the owner(s) of the existing site(s) and/or antenna(s) facility at reasonable cost to allow the additional installation.

Number.

No more than three antennas shall be permitted on a single lot. However, up to three antennas shall be permitted on each principal building used exclusively for nonresidential purposes, three stories or more, located on a lot in an Office Building (OB) District, provided that no monopole or antenna tower is situated on the lot and that there are no more than two macrocells on any building.

Antennas which are not considered structures pursuant to § 285-5, Subsection A(4) of the definition of "structure," or are exempt from regulation pursuant to § 285-37A(25) shall not be counted unless the antenna(s) are inoperable, no longer used, disconnected or are fixed mounted transmitting antennas.

A macrocell, consisting of a system of up to three sets of three adjacent base station cellular service antennas, shall constitute one antenna for the purposes of this provision. Except as modified in § 285-37A(3)(i), no more than two macrocells shall be permitted per lot.

Unless mounted on a high-voltage electric transmission line tower, each base station cellular service antenna or part thereof which is more than five feet from the center core of the monopole or tower shall not be considered part of a macrocell and shall be counted as one antenna.

For a high-voltage electric transmission line tower, part of each base station cellular service antenna must be situated within two feet of the transmission tower to be considered part of a macrocell.

Security. Antenna(s) shall be located, fenced or otherwise secured in a manner which prevents unauthorized access by the general public. Specifically:

All antenna towers, monopoles and other supporting structures shall be made inaccessible to children and constructed or shielded in such a manner that they cannot be climbed; the fall zone of an antenna tower or monopole in case of collapse and proposed measures to safeguard the public shall be delineated by a professional engineer specializing in structural engineering. If a fence is provided, it shall be a minimum of eight feet in height, exclusive of barbed wire, and shall be colored and camouflaged to blend with the surrounding areas as determined by the Antenna Review Board pursuant to § 285-37(A)(20).

Transmitters and control points, other than those used with in-building radiation systems, must be installed such that they are readily accessible only to persons authorized by the licensee to operate or service them;

Transmitters must be designed and installed such that any adjustments or controls that could cause the transmitter to deviate from its authorized operating parameters are readily accessible only to persons authorized by the licensee to make such adjustments;

Transmitters (other than hand-carried or pack-carried mobile transmitters) and control points must be equipped with a means of indicating when the control circuitry has been put in a condition that should cause the transmitter to radiate;

Transmitters must be designed such that they can be turned off independently of any remote control circuits;

Transmitters used with in-building radiation systems must be installed such that, to the extent possible, they are readily accessible only to persons authorized by the licensee to access them; and

Transmitters used with in-building radiation systems must be designed such that, in the event an unauthorized person does gain access, that person cannot cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations.

(14)

Interference. Notwithstanding anything contained herein to the contrary, no permit shall be issued for any transmitting antenna which interferes with the reception or transmission of any FCC-approved communications device or antenna. If interference does result from the operation of a transmitting antenna, the owner of the most recently installed antenna shall immediately eliminate the interference or cease operation of the facility.

(15)

Alterations. Alteration of existing antenna(s) which results in an increase in the number, size, height or electromagnetic emission of the antenna(s) or a change in the elevation of one or more antenna(s) on a monopole or tower shall be permitted only after application to the Building Inspector, who shall review the matter as if the alteration were an entirely new application and thereafter approve the alteration only if such alteration complies with the as-of-right conditions set forth in this chapter or forward the complete application to the appropriate Board for approval.

(16)

Application requirements and certification. All applications for the installation of a communications facility shall be submitted to the Building Inspector and shall include a report containing the information and certifications hereinafter set forth. The report shall be in question-and-answer format in the following order and include the citation and text of each provision followed by a comprehensive responsive answer. All certifications shall be accompanied by the basis for such determinations. The report shall be signed by a New-York-State-licensed professional engineer specializing in electrical engineering with expertise in radiocommunications facilities and, if a monopole or tower is required or the professional engineer is not qualified to certify the structural soundness of the installation, a New-York-State-licensed professional engineer specializing in structural engineering. The Building Inspector shall forward five copies of the nine required applications to the Antenna Review Board, which shall render a decision on the application's conformity with the filing requirements of this section within 30 days, pursuant to the Board's bylaws. If the applicant is making an eligible facilities request (EFR) the requirements and conditions set forth in § 285-37A(27) shall supersede the requirements and conditions in § 285-37A(16). If the applicant is applying for the installation of a small wireless facility, the requirements and conditions set forth in § 285-37A(28) shall supersede the requirements and conditions in § 285-37A(16).

[Amended 5-24-2019 by L.L. No. 2-2019; 6-24-2020 by L.L. No. 6-2020]

Name(s), address(es) and qualifications of person(s) preparing the report, and his or her or their signature(s) attesting to the truth and completeness of the information contained therein.

Name(s), address(es), and landline and cellular phone numbers of the property owner, operator and applicant.

Postal address and sheet, block and lot or parcel number of the property.

GIS and XY coordinates showing the location of the proposed wireless facility.

Zoning district in which the property is situated.

A description of all work necessary to construct and install the proposed wireless facility, including any necessary excavation.

A listing of all required, existing and proposed setbacks, a listing of required, existing and proposed parking spaces, unless roof-mounted, and the maximum height of a permitted principal use in the zoning district.

The owner, make, model, manufacturer, number and type of all existing antenna(s) located on the lot, even if exempt from the provisions of this chapter.

If an amateur station, AM/FM broadcast station facility, as-of-right personal wireless service facility or special permit personal wireless service facility, certification that the requirements and conditions set forth in § 285-37A(6), (7), (8) or (9), respectively, have been met.

If the installation is pursuant to a lease agreement, the duration and terms of renewal.

If a new or existing monopole or antenna tower is required to mount the antenna(s), certification that the requirements and conditions set forth in § 285-37A(10) have been met.

The make, model and manufacturer of the antenna(s).

The frequency, modulation and class of service of radio-equipment.

The number, type and design of antenna(s) proposed and the basis for the calculations of capacity.

NIER levels.

Certification that NIER levels at the proposed site, including those of the proposed modification in conjunction with any existing facilities at the time of the application, are within threshold levels adopted by the Federal Communications Commission and that the proposed site will not produce or contribute to the production of emission levels exceeding the thresholds listed in Table IV or any subsequent superseding emission standard adopted by the Federal Communications Commission, based on the maximum equipment output. Such certification shall state that it is applicable to the applicant's affiliates, joint ventures, partners, subsidiaries, successors in interest and assigns.

Performance specifications and data that identifies the maximum and minimum amount or level of radio frequency emissions that are produced by the equipment when it is in operational mode.

A monitoring plan for the applicant's equipment that will provide annual statements to the Town verifying that the radio frequency emissions do not exceed the applicable FCC regulations.

Certification that the proposed antenna(s) will not cause interference with the existing communications devices.

If collocation is not proposed, certification that collocation is not feasible using the criteria in § 285-37A(11).

Proposals for the coloring, camouflaging and/or shielding to be installed to blend the installation with the surrounding areas to the greatest extent possible without unreasonably inhibiting the effectiveness of the installation in compliance with the aesthetic considerations in § 285-37A(20). The applicant shall supply samples of the materials and colors proposed to be utilized, as well as a description of the mitigation to be employed.

All wireless facilities shall post a stainless steel or aluminum plate sign in a readily visible location identifying the owner's most recent permit number and the date of issuance of such permit and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency. All signage associated with a wireless facility shall be approved by the Antenna Review Board. Required signage shall be mounted no higher than five feet above ground level.

A vicinity map.

A vicinity map showing the subject property as well as the approximate location of and distance to each of the following if situated within 1,500 feet of the installation:

Residential structures.

Occupiable structures.

Child day-care centers, schools, camps, public parks and playgrounds.

For each of the above, the property owner and address shall be listed.

An as-built survey of the subject property showing the size of the property and the location of all lot lines and setbacks as well as the location of all structures on the property which is the subject of the application.

A plan illustrating the approximate location, size, elevation and height of all proposed and existing antennas and all appurtenant structures. The plan shall include a description of the antenna(s) and all related fixtures, structures, appurtenances and apparatuses, including height above undisturbed grade, elevation above grade and sea level, materials, color, signage and lighting. The name of the owner and operator of each antenna shall be delineated on the plan.

Transmission and maximum effective radiated power of the antenna(s) illustrated on the plan.

Direction of maximum lobes and associated radiation of the antenna(s) illustrated on the plan.

(y)

A noise profile of the proposed equipment clearly showing compliance with the applicable requirements of Chapter 380 of the Code of the Town of Greenburgh.

(z)

A proposed schedule for installation and completion of the wireless facility proposed, should the application be approved.

(aa)

A plan illustrating the type, size, elevation and location of all proposed and existing mitigating landscaping.

(bb)

Elevation drawings depicting the front, side and rear of the property and illustrating the proposed antenna, mounting device and structure, if any, on which the antenna(s) is mounted.

(cc)

A map depicting and listing (by address and property owner) all existing sites in the Town and bordering communities containing transmitting antenna(s) used by the operator, owner or applicant. The map shall also show each antenna's coverage range. Overlapping areas of coverage shall be indicated by different colors or hatch lines. A transparency at the same scale showing coverage that would be provided with the proposed facility shall be provided along with a table of the raw data collected and used to create the proposed facility's coverage map overlay. The applicant shall also supply a written statement as to where and how the facility or antenna will provide coverage to an area of the unincorporated area of the Town.

(dd)

A map depicting all proposed sites or areas needed to complete the applicant's coverage grid in the Town of Greenburgh and surrounding communities.

(ee)

For monopoles and antenna towers, proof, acceptable to the Town Attorney, committing the property owner and his/her successors in interest to a lien on the property for all costs related to removal should the Town be required to enforce § 285-37A(22). In the alternative, the applicant shall be permitted to post a bond, acceptable to the Town Attorney, for the cost of such removal.

(ff)

Permits issued for wireless facilities shall be valid for a period of five years. Permits are subject to renewal at the end of the five-year period for a successive five-year term so long as the installation complies with the applicable provisions of the Code of the Town of Greenburgh in force at the time of renewal. No additional fees shall be required for the renewal of such permits.

(gg)

Certificates of insurance showing the following coverages:

Property insurance for property's replacement cost against all risks;

Workers' compensation insurance within statutory limits as required by law; and

Commercial general liability insurance with respect to the applicant's activities, including coverage for bodily injury and property damage, with limits not less than: $5,000,000 for bodily injury or death to each person; $5,000,000 for property damage resulting from any one accident; and $5,000,000 for all other types of liability. The applicant shall include the Town as an additional insured on the commercial general liability policy and shall provide certificates of insurance and proof of inclusion of the Town in a commercial general liability policy to the Town prior to the installation of any communications facility. Such insurance policies shall apply to all persons or entities that will utilize the proposed communications facility.

(17)

Operational certification. Within 45 days of initial operation or modification of a communications facility, the owner or operator shall submit to the Building Inspector a written certification by a professional engineer with the qualifications set forth in § 285-37A(16) that the operating facility is in compliance with the application submitted, any conditions imposed and all other provisions of this chapter in order to continue operations past the forty-five-day period. The Town may confirm and periodically reconfirm compliance as necessary to ensure that the provisions of this chapter, including NIER level thresholds, are in compliance, and, if found not to be in compliance, the facility shall not be permitted.

(18)

Signs. Transmitting antenna and transmitting satellite dish antenna shall be signed with a stainless steel or aluminum plate sign no larger than two square feet in a readily visible location to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmit capabilities. The sign shall also contain the owner's most recent permit number and the date of issuance of such permit, the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). In addition, if mounted on a roof, any door having access to the roof shall be similarly signed. If a fence is required around the antenna support structure to prevent unauthorized access, the entrance to the enclosure shall be signed. No other signage, including advertising, shall be permitted on any antenna(s), antenna(s) supporting structure, monopole or antenna tower unless required by federal or state regulation. Any graffiti on such structures shall be removed within 48 hours.

[Amended 6-24-2020 by L.L. No. 6-2020]

(19)

Landscaping. All freestanding antenna installations shall provide landscaping acceptable to the Commissioner of Community Development and Conservation as follows:

The area surrounding the installation (other than the area necessary to maintain a clear line of site to the signal source) shall be landscaped and maintained with trees, shrubs and ground cover to maximize screening. An existing natural vegetative buffer which meets or exceeds the above requirements may be substituted or enhanced for said requirements.

Any antenna facility requiring an antenna tower, monopole or accessory building shall be screened with trees of a minimum height of 15 feet at planting and at a density that will, over time, reduce the visual impact from the structure.

When a security fence is required under § 285-37A(13), the outside of such fencing shall be screened with evergreen shrubs, trees or climbing evergreen material on the fencing.

(20)

Color and lighting standards. Except as specifically required by the Federal Aviation Administration or the Federal Communications Commission, all antennas, including the supporting structure and all related appurtenances, shall:

Be colored, camouflaged and/or shielded, using the most advanced techniques available, to blend with surrounding areas as much practicable, as determined by the Antenna Review Board on as-of-right applications and the approving board on special permit and variance applications, provided that such coloring, camouflage or shielding does not unreasonably inhibit their effectiveness; and

Not be illuminated, except buildings may use lighting required by the New York State Building Code or when required for security reasons pertaining directly to the security of the particular communications facility. When lighting is used, it shall be shielded to prevent undue impact on the surrounding neighborhood.

(21)

Registration. The Building Department shall maintain a list of the names and addresses of all operators and the type and maximum emissions of all communications facilities and all other antenna(s) requiring a special permit or variance and a list of all schools, child day-care centers, camps, public parks and playground areas. If the name or address of the owner or operator of any communications facility is changed, the Building Department shall be notified of the change by the operator within 30 days.

(22)

Removal. Any antenna(s) or personal wireless service facility, including the supporting structure and related appurtenances, or part thereof, not used for a period of 12 months must be removed by the owner of the property or the operator of the antenna(s) or personal wireless service facility. Exception to this section shall be made if the property owner continues to make a good-faith attempt to sell or lease the property, as certified in writing by a local real estate broker who is a member in good standing with a local multiple listing service under contract with an exclusive right to sell or exclusive right to lease, when such exception is requested in writing to the Building Inspector. If the operator's primary communication needs can be met at a lower height, the antenna(s) shall be mounted at such height and the additional height of the supporting structure reduced accordingly if collocation has not been achieved within 12 months.

(23)

Primary communication needs. Notwithstanding the provisions in § 285-37A(22), as proof that the height of a monopole or tower is the minimum height necessary to meet the applicant's primary communication needs, for at least 18 months after the installation of the monopole or tower, the applicant shall maintain its antenna(s) at the highest elevation of the monopole or tower or remove the section above its antenna(s) within 30 days. All monopoles and towers shall be of such design that such height reduction can be readily achieved.

(24)

Existing installations. The operator of any communications facility existing at the time that this section takes effect shall be permitted to remain in operation, provided that the operator submits proof, within six months of the enactment of this section, that a valid building permit was issued for the facility and that the facility complies with the emission standards adopted by the Federal Communications Commission, as certified by a professional engineer with the qualifications set forth in § 285-37A(16). Legal nonconforming antenna(s) shall be permitted to remain until such time as the antenna(s) is altered as defined in § 285-37A(15) increasing the nonconformity. Any facility for which emission and security compliance documentation is not received shall cease operation within six months of the enactment of this section and be immediately removed thereafter.

(25)

Exemptions. The following devices and sources of nonionizing electromagnetic radiation are exempt from the provisions of § 285-37 and shall be permitted in all zones:

Machines and equipment designed and marketed as consumer products, such as walkie-talkies, remote control toys and cellular telephones;

Hand-held, mobile, marine and portable radiocommunication transmitters and/or receivers;

Two-way radio utilized for emergency service communications;

Two-way radio utilized for governmental service communications;

Maintenance or repair of a conforming or legal nonconforming antenna, provided that such action is in compliance with this section; and

Backup wireless transmitters connected to an alarm-monitoring service that transmits to a remote monitoring center in the event of an emergency when the telephone lines are inoperable.

(26)

Costs of technical consultant. For communications facility applications requiring a special permit or variance, the applicant shall deposit, at the time of application, $5,000 in an escrow account maintained by the Town for such funds, to be used by the approving board, upon majority vote, for professional services deemed necessary to assist in the review and evaluation of the application, including but not limited to review of land use, site plan, legal, technical, scientific and aesthetic issues. If at any time during the review process the balance falls below $2,000, the Town shall so notify the applicant and the applicant shall be required to replenish the account with sufficient funds to bring the account balance to $5,000 before any further action or consideration is taken on the application. Any unused funds from the escrow account shall be returned to the applicant within 30 days of the final decision required for issuance of a building permit.

(27)

Application requirements and certification. All applications for the installation of an eligible facilities request (EFR) communications facility pursuant to 47 CFR 1.6100 shall be submitted to the Building Inspector and shall include a report containing the information and certifications hereinafter set forth. All certifications shall be accompanied by the basis for such determinations. The report shall be signed by a New-York-State-licensed professional engineer specializing in electrical engineering with expertise in radiocommunications facilities and, if a monopole or tower is required or the professional engineer is not qualified to certify the structural soundness of the installation, a New-York-State-licensed professional engineer specializing in structural engineering. The applicant shall also obtain a street opening permit and/or ROW permit, as necessary, from the Public Works Code Enforcement Officer. The Building Inspector shall forward five copies of the nine required applications to the Antenna Review Board, which shall render a decision within 60 days of receipt of the initial application on the application's conformity with the filing requirements of this section pursuant to the requirements of 47 CFR 1.6100. If the application is deemed to be incomplete, the Antenna Review Board shall notify the applicant within 30 days of receipt of the initial application in writing of all missing documents or information needed to complete the application. The applicant shall then submit to the Antenna Review Board the supplemental information required to complete the application. The sixty-day time frame for action by the Town shall toll upon the initial notification of incompleteness. If the application is deemed to remain incomplete following the submission of the requested supplemental information, such that the Antenna Review Board is unable to determine the application's conformity with the filing requirements of this section pursuant to the requirements of 47 CFR 1.6100, the application shall be denied by the Town, and the applicant shall be required to resubmit a complete application in accordance with the requirements herein. The report shall be in question-and-answer format in the following order and include the citation and text of each provision followed by a comprehensive responsive answer:

[Added 5-24-2019 by L.L. No. 2-2019; amended 6-24-2020 by L.L. No. 6-2020]

Name(s), address(es) and qualifications of person(s) preparing the report, and his or her or their signature(s) attesting to the truth and completeness of the information contained therein.

Name(s), address(es), and landline and cellular phone numbers of the property owner, operator and applicant.

Postal address and street, block and lot or parcel number of the property.

GIS and XY coordinates showing the location of the wireless facility.

Zoning district in which the property is situated.

If the installation is pursuant to a lease agreement, confirmation from the lessor that the lessee is authorized to utilize the property.

A description of all work necessary to complete, including construct and install, the proposed modification, including any necessary excavation.

Provide a copy of the certificate of completion issued by the Town of Greenburgh for the support structure of the existing antenna(s). For a utility pole in the right-of-way, provide the pole owner's name and address as well as the identification number for the pole.

If the wireless facility being modified will provide service to another wireless service provider, a signed agreement or other documentation clearly showing the wireless service provider on behalf of which the wireless facility will be providing service. If the applicant agrees to provide service to additional wireless services providers during the course of operation of the wireless facility, the applicant shall provide notice to the Town along with a signed agreement or other documentation clearly showing the wireless service provider(s) on behalf of which the small wireless service facility will be providing service.

Certification the support structure is capable of safely handling the additional antenna(s)/equipment to be added.

The make, model and manufacturer of the antenna(s).

The frequency, modulation and class of service of radio equipment.

The number, type and design of antenna(s) proposed.

NIER levels.

Performance specifications and data that identifies the maximum and minimum amount or level of radio frequency emissions that are produced by the equipment when it is in operational mode.

A monitoring plan for the applicant's equipment that will provide annual statements to the Town verifying that the radio frequency emissions do not exceed the applicable FCC regulations.

Certification that the proposed antenna(s) will not cause interference with the existing communications devices.

A noise profile of the proposed equipment clearly showing compliance with the applicable requirements of Chapter 380 of the Code of the Town of Greenburgh.

A proposed schedule for installation and completion of the modification proposed, should the application be approved.

If the existing facility utilizes concealment elements, documentation showing that the proposed modification will be designed in accordance with the existing concealment elements and the proposed installation will not defeat said concealment elements.

A plan illustrating the approximate location, size, elevation and height of all proposed and existing antennas and all appurtenant structures in order to determine the dimensional change(s) to the eligible support structure as a result of the proposed modification. The plan shall include a description of the antenna(s) and all related fixtures, structures, appurtenances and apparatuses, including height above undisturbed grade, elevation above grade and sea level, materials, color, signage and lighting. The name of the owner and operator of each antenna shall be delineated on the plan. Elevation measurements shall not be required for utility poles in public rights-of-way.

AAll wireless facilities shall post a stainless steel or aluminum plate sign in a readily visible location identifying the owner's most recent permit number and the date of issuance of such permit and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency. All signage associated with a wireless facility shall be approved by the Antenna Review Board. Required signage shall be mounted no higher than five feet above ground level.

Certificates of insurance showing the following coverages:

Property insurance for property's replacement cost against all risks;

Workers' compensation insurance within statutory limits as required by law; and

(28)

Small wireless facilities. All applications for the installation of a small wireless facility shall be submitted to the Building Inspector and shall include a report containing the information and certifications hereinafter set forth. All certifications shall be accompanied by the basis for such determinations. The report shall be signed by a New-York-State-licensed professional engineer specializing in electrical engineering with expertise in radiocommunications facilities and, if a new utility pole is required or the professional engineer is not qualified to certify the structural soundness of the installation, a New-York-State-licensed professional engineer specializing in structural engineering. The applicant shall also obtain a street opening permit and/or ROW permit, as necessary, from the Public Works Code Enforcement Officer. Multiple applications for collocation of a small wireless facility on the same utility pole or other wireless support structure shall be processed based on a first fully complete application, first-served basis. The Building Inspector shall forward five copies of the nine required applications to the Antenna Review Board, which shall render a decision regarding the application's completeness within the applicable timeframe: 1) 60 days of receipt of the initial application if the small wireless facility is proposed for collocation on an existing structure or 2) 90 days of receipt of the initial application if the proposed small wireless facility requires the installation of a new utility pole. If the application is deemed to be incomplete, the Antenna Review Board shall notify the applicant within 10 days of receipt of the initial application in writing of all missing documents or information needed to complete the application. The applicant shall then submit to the Antenna Review Board the supplemental information required to complete the application. The applicable time frame for action by the Town shall toll upon the initial notification of incompleteness. If the application is deemed to remain incomplete following the submission of the requested supplemental information, the application shall be denied by the Town and the applicant shall be required to resubmit a complete application in accordance with the requirements herein. The report shall be in question-and-answer format in the following order and include the citation and text of each provision followed by a comprehensive responsive answer:

[Added 6-24-2020 by L.L. No. 6-2020]

Name(s), address(es) and qualifications of person(s) preparing the report, and his or her or their signature(s) attesting to the truth and completeness of the information contained therein.

Name(s), address(es), and landline and cellular phone numbers of the property owner, operator and applicant.

Postal address and sheet, block and lot or parcel number of the property, if applicable.

GIS and XY coordinates showing the location of the proposed small wireless facility.

Zoning district in which the property is situated.

If the proposed small wireless facility will be collocated on an existing utility pole in the right-of-way, provide the pole owner's name and address as well as the identification number for the pole. The applicant shall also provide proof that the owner of the utility pole has agreed to permit the proposed collocation.

A description of all work necessary to construct and install the proposed small wireless facility, including any necessary excavation.

If the installation is pursuant to a lease agreement, confirmation from the lessor that the lessee is authorized to utilize the property.

Certification the support structure is capable of safely handling the additional antenna(s)/equipment to be added.

The make, model and manufacturer of the antenna(s).

A description and depiction of all fiber optic cable that will be installed along with the proposed small wireless facility and any existing base station or other equipment or structure to which such facility will connect.

If a new utility pole is required to mount the antenna(s), certification that the requirements and conditions set forth in § 285-37A(10) have been met.

If the small wireless facility being installed will provide service to another wireless service provider, a signed agreement or other documentation clearly showing the wireless service provider on behalf of which the small wireless facility will be providing service. If the applicant agrees to provide service to additional wireless services providers during the course of operation of the small wireless facility, the applicant shall provide notice to the Town along with a signed agreement or other documentation clearly showing the wireless service provider(s) on behalf of which the small wireless service facility will be providing service.

The frequency, modulation and class of service of radio-equipment.

The number, type and design of antenna(s) proposed.

NIER levels.

A monitoring plan for the applicant's equipment that will provide annual statements to the Town verifying that the radio frequency emissions do not exceed the applicable FCC regulations.

Certification that the proposed antenna(s) will not cause interference with the existing communications devices.

If collocation on an existing structure is not proposed, certification that collocation is not feasible using the criteria in § 285-37A(11).

Proof of compliance with all applicable design requirements for small wireless facilities set forth in § 285-37A(29).

A vicinity map.

A vicinity map showing the subject property as well as the approximate location of and distance to each of the following if situated within 350 feet of the installation:

Residential structures.

Occupiable structures.

Child day-care centers, schools, camps, public parks and playgrounds.

For each of the above, the property owner and address shall be listed.

A plan illustrating the approximate location, size, elevation and height of all proposed and existing antennas and all appurtenant structures. The plan shall include a description of the antenna(s) and all related fixtures, structures, appurtenances and apparatuses, including height above undisturbed grade, elevation above grade and sea level, materials, color, signage and lighting. The plan shall also clearly show that the proposed antenna(s) and equipment meet the dimensional requirements of a small wireless facility as defined by § 285-5. The name of the owner and operator of each antenna shall be delineated on the plan.

A map showing all existing facilities owned or operated by the applicant and the wireless provider(s) by which the small wireless facility will be utilized in the Town of Greenburgh.

Transmission and maximum effective radiated power of the antenna(s) illustrated on the plan.

Direction of maximum lobes and associated radiation of the antenna(s) illustrated on the plan.

(y)

A noise profile of the proposed equipment clearly showing compliance with the applicable requirements of Chapter 380 of the Code of the Town of Greenburgh.

(z)

A proposed schedule for installation and completion of the small wireless facility proposed, should the application be approved.

(aa)

An emergency contingency plan which shall specify the nature of any potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Town and shall promote protection of the safety and convenience of the public.

(bb)

Certificates of insurance showing the following coverages:

Property insurance for property's replacement cost against all risks;

Workers' compensation insurance within statutory limits as required by law; and

Commercial general liability insurance with respect to the applicant's activities, including coverage for bodily injury and property damage, with limits not less than: $5,000,000 for bodily injury or death to each person; $5,000,000 for property damage resulting from any one accident; and $5,000,000 for all other types of liability. The applicant shall include the Town as an additional insured on the commercial general liability policy and shall provide certificates of insurance and proof of inclusion of the Town in a commercial general liability policy to the Town prior to the installation of any small wireless facility. Such insurance policies shall apply to all persons or entities that will utilize the proposed small wireless facility.

(cc)

Permits issued for small wireless facilities shall be valid for a period of five years. Permits are subject to renewal at the end of the five-year period for a successive five-year term so long as the installation complies with the applicable provisions of the Code of the Town of Greenburgh in force at the time of renewal. No additional fees shall be required for the renewal of such permits.

(dd)

A small wireless facility that is not operated for a continuous period of six months shall be considered abandoned and the owner of the facility shall remove the small wireless facility within 90 days after receipt of written notice from the Town notifying it of the abandonment. The notice shall be sent to the owner of the facility and the owner of the utility pole by certified or registered mail, return receipt requested, by the Town to the owner at its last known address. If the small wireless facility is not removed within 90 days after receipt of such notice, such wireless facility shall be deemed to be a nuisance and the Town may remove or cause the removal of such facility, and recover or place a lien for its costs, pursuant to the terms of its pole attachment or other agreement for Town utility poles or through the procedures for abatement of nuisances set forth in this Code.

(ee)

In the event the Town suspects that the wireless provider is no longer using the small wireless facilities to provide wireless service, it may send the wireless provider written notice that requires the wireless provider to remove the small wireless facility or provide proof that the small wireless facility is operational and still being used within 30 days.

(ff)

Each entity that owns or operates a small wireless facility shall, at its sole cost and expense, execute an agreement to indemnify, defend and hold harmless the Town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Town, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the small wireless facility. Each entity that owns or operates a small wireless facility shall defend any actions or proceedings against the Town in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a small wireless facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(gg)

In the event that use of a small wireless facility is planned to be discontinued, the owner shall provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned small wireless facilities or portions of small wireless facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Town. If the small wireless facility and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Town, the small wireless facility and accessory equipment may be removed by the Town and the cost of removal assessed against the owner of the small wireless facility.

(hh)

Historic buildings. No small wireless facility may be located within 100 feet of any property, or on a building or structure that is listed on the National Register of Historic Places, or eligible to be so listed, or located within an historic district.

(29)

Design requirements for small wireless facilities. All small wireless facilities in the Town of Greenburgh shall be designed and maintained to comply with the following design requirements:

[Added 6-24-2020 by L.L. No. 6-2020]

No communications facility that does not meet the definition of a small wireless facility shall be permitted to be collocated on a utility pole.

No small wireless facility shall be permitted in the area of the public right-of-way directly in front of any residential building, identified by drawing a perpendicular line from each corner of the structure to the public right-of-way.

A wireless provider shall maintain all small wireless facilities installed within the Town in a condition that maintains the safety, integrity and aesthetics of such facilities. Small wireless facilities shall not appear to be unkempt. In the event of a failure to properly maintain such facilities, the Town shall notify the wireless provider, in writing, who shall have 30 days to correct the identified maintenance violation. If not corrected within such period, the Town reserves the right to take such action as it deems necessary, including revocation of the permit. Maintenance and replacement of small wireless facilities shall be performed by the wireless provider at the wireless provider's sole cost and expense.

All small wireless facilities shall comply with the Americans with Disabilities Act guidelines adopted by the Town and all applicable requirements relating to streets and sidewalks as established by Chapter 430 of the Code of the Town of Greenburgh.

Utility poles shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines.

All small wireless facilities shall comply with applicable federal and state standards regarding pedestrian access and movement.

No small wireless facility shall be permitted on an existing decorative pole unless the applicant provides documentation showing that such decorative pole is the only technically feasible location for placement and that no suitable alternative sites exist.

No small wireless facilities shall extend beyond the boundaries of the rights-of-way or in any way protrude into the street.

No small wireless facilities or accessory equipment shall protrude into the street or otherwise interfere with vehicular traffic.

All small wireless facilities shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard or local code applicable to the structure.

Antenna standards.

Any antenna associated with a small wireless facility shall not exceed three cubic feet in volume.

All antennas mounted atop a utility pole shall be flush-mounted as closely to the top of the utility pole as technically feasible.

All antennas shall be of a design, style, and color that matches the utility pole or other structure upon which they are attached.

Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing non-wireless pole attachments, including but not limited to electric, communications, and other public utility uses. In no cases shall such pole-top extensions exceed three feet in height.

Any antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet required NESC clearances from existing infrastructure attached to the utility pole. In no cases shall such lateral standoff brackets protrude more than 20 inches from the utility pole.

If mounted on an existing structure, no antenna shall impair the primary function of the existing structure.

Antenna placement shall not impair light, air, or views from adjacent windows. All antennas mounted on a lateral standoff bracket shall be placed facing away from adjacent windows and the primary pattern of pedestrian and vehicular traffic.

Accessory equipment standards.

Accessory equipment shall not exceed 28 cubic feet in volume. Equipment utilized solely for the minimization or mitigation of the aesthetic impact of the small wireless facility shall not be included in the accessory equipment volume calculation.

All accessory equipment shall be mounted flush to the side of the utility pole.

Accessory equipment shall be mounted so as to provide a minimum of 12 feet vertical clearance from ground level.

Accessory equipment shall be of a color that matches the utility pole or other structure upon which such accessory equipment is mounted.

All accessory equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible.

All small wireless facilities shall post a stainless steel or aluminum plate sign in a readily visible location identifying the owner's most recent permit number and the date of issuance of such permit and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted shall be that required by the FCC or any other federal or state agency. All signage associated with a small wireless facility shall be approved by the Antenna Review Board. Required signage shall be mounted on the pole no higher than five feet above ground level.

Accessory equipment placement shall not impair light, air, or views from adjacent windows. All accessory equipment shall be placed facing away from adjacent windows and the primary pattern of pedestrian and vehicular traffic.

[8]

No accessory equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law.

[9]

Exposed wiring is prohibited on any small wireless facility, accessory equipment, or accessory equipment enclosure. Transmission, fiber, power cables and any other wiring shall be contained within any utility pole for which such concealment is technically feasible. If wiring cannot be contained within the utility pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole.

[10]

All wiring shall be installed without excessive slack or extra cable storage on the utility pole.

[11]

Loops of extra wiring shall not be attached to any utility pole.

[12]

Any conduit or U-guard shall be of a color that matches the utility pole to which the small wireless facility is attached.

Replacement utility poles.

The maximum height of any proposed replacement utility pole shall be: 1) no more than 10% taller than the tallest existing utility pole in the public rights-of-way within a 250-foot radius of the proposed small wireless facility; or 2) 50 feet above ground level, whichever is greater.

Any replacement utility pole shall be of comparable materials and design to the existing utility pole being replaced.

Any replacement utility pole shall be placed within a five-foot radius of the existing utility pole being replaced.

Any replacement utility pole shall be designed to accommodate all uses that existed on the utility pole being replaced. As part of an application for a small wireless facility, the applicant shall provide documentation from a structural engineer licensed in the State of New York confirming that the replacement utility pole, small wireless facility, and prior existing uses shall be structurally sound.

Any replacement utility pole shall not deviate from the predominant pattern of existing adjacent structures.

New utility poles.

The maximum height of any new utility pole shall be: 1) no more than 10% taller than the tallest existing utility pole in the public rights of-way within a 250-foot radius of the proposed small wireless facility; or 2) 50 feet above ground level, whichever is greater.

Any new utility pole shall be installed in accordance with the predominant pattern of existing adjacent structures.

To the extent technically feasible, no new utility pole shall be installed:

In the area of the public right-of-way directly in front of any commercial or residential building, identified by drawing a perpendicular line from each corner of the structure to the public right of-way;

Directly in front of a window of any residential structure;

Within 10 feet of the edge of any driveway;

[d]

In the public rights-of-way directly opposite any driveway; or

[e]

In violation of the design standards contained herein.

Decorative poles:

Decorative poles shall be required:

[i]

For the replacement of any existing decorative pole; and

[ii]

In any subdivision or area where no utility poles are permitted and all utilities are required to be placed underground on a non-discriminatory basis.

[iii]

For any replacement decorative pole, the new decorative pole shall match the existing decorative pole in shape, design, color, and material.

§ 285-37.1 Battery Energy Storage Systems.

Editor's Note: This local law also renumbered former § 285-37 as § 285-38.

[Added 8-11-2021 by L.L. No. 5-2021]

Applicability.

The requirements of this section shall apply to all Battery Energy Storage Systems permitted, installed, or modified in the Town of Greenburgh after the effective date of this section, excluding general maintenance and repair.

Battery Energy Storage Systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to, retrofits or replacements of an existing Battery Energy Storage System that increase the total Battery Energy Storage System designed discharge duration, power rating or storage capacity shall be subject to this section.

General requirements.

A building permit and an electrical permit shall be required for installation of all Battery Energy Storage Systems.

Issuance of permits and approvals shall include review pursuant to the State Environmental Quality Review Act, as applicable.

All Battery Energy Storage Systems, all Dedicated-Use Buildings, and all other buildings or structures that contain or are otherwise associated with a Battery Energy Storage System shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, NFPA 855: Standard for the Installation of Stationary Energy Storage Systems, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Code of the Town of Greenburgh.

All approved sites and buildings must be demarcated with a weatherproof decal, sticker or sign to uniformly identify the presence of a Battery Energy Storage System. The weatherproof decal or sticker should be placed on the electric meter, on the main electrical switch panel and by the front entry door and be consistent with the requirements of the Uniform Code Section 1206.11.8.

Pursuant to NFPA 855 Annex B, Section B.4 - Hazard Considerations Under Emergency/Abnormal Conditions, NFPA 704 placarding in connection with all Battery Energy Storage Systems and signage in compliance with ANSI Z535 should be outside the access gate or facility door and of an appropriate size and material. As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and applicable related infrastructure. A placard with the following should also be provided:

Type of battery technology.

Type of fire-suppression system.

Twenty-four-hour emergency contact information (name/number), including applicable local, public, and private entities.

NFPA 704 placard.

Permitting Requirements for Tier 1 Battery Energy Storage Systems.

One Tier 1 Battery Energy Storage System on a Participating Property shall be a permitted use in all zoning districts, subject to the Uniform Code and the issuance of a building permit and all applicable rules and regulations, and exempt from site plan review. Tier 1 Battery Energy Storage Systems shall not be permitted within individual residential units within multifamily buildings.

Notification shall be given to the applicable Fire District or Fire Protection District, including adjacent Fire Districts and/or Fire Protection Districts that provide mutual aid, regarding applications, approved permits/inspection information. The information provided shall include the 24 by seven by 365 access or contact information of the manufacturer and installer of the Battery Energy Storage System and an Emergency Operations Plan.

Permitting Requirements for Tier 2 Battery Energy Storage Systems.

One Tier 2 Battery Energy Storage System is a permitted use on a Participating Property through the issuance of a special use permit and site plan approval by the Planning Board within the One-Family Residence, CA, CB, DS, GI, IB, LI, LOB, OB, OB-1, PD, PED, and UR (Neighborhood Shopping/Planned Commercial) Zoning Districts, and shall be subject to the Uniform Code, provided that the Battery Energy Storage System is intended, configured and installed for on-site use. Applications for the installation of Tier 2 Battery Energy Storage System shall be in conformance with the standards and requirements set forth below:

In accordance with § 285-57B(1), Site Plan Applications for a Battery Energy Storage System shall include a Presubmission Conference, with an additional requirement that the applicable Fire District/Fire Protection District be invited to participate in such Conference.

Applications shall be referred to the Building Inspector, Town Engineer, applicable Fire District/Fire Protection District (including adjacent Fire District and/or Fire Protection Districts that provide mutual aid) in accordance with § 285-37.1D(1)(e), Conservation Advisory Council (for Tier 2 proposed in One-Family Residential, and all Tier 3), and any other local, state, county, regional and federal agencies having jurisdiction/interest, for review. An application shall be complete and distributed to the Planning Board for review when it addresses all matters listed in this section. Applicants shall be advised within 20 business days after filing of the completeness of their application or any deficiencies that must be addressed prior to substantive review. Any independent technical consultant/peer review that the Town, in its discretion, deems necessary or appropriate for a thorough review of the application shall be funded by the Applicant as part of an escrow account.

Subject to a public hearing to hear all comments for and against the application. The Planning Board of the Town of Greenburgh shall have a notice printed in a newspaper of general circulation in the Town of Greenburgh at least 10 days in advance of such hearing. Applicants shall have delivered the notice by first-class mail to adjoining landowners or landowners within 500 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Commissioner of the Department of Community Development and Conservation. Upon closing of the public hearing, the Planning Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The sixty-two-day period may be extended upon consent by both the Planning Board and Applicant.

Referral to the Westchester County Planning Department pursuant to General Municipal Law § 239-m, if required.

The Commissioner of the Department of Community Development and Conservation shall send to the Fire Chief of the respective Fire District or Fire Protection District a request that the Fire Chief advise the approving board as to their comments regarding the application, including among other things whether:

Personnel of the fire department/district have been trained in responses to lithium-ion battery fires;

The fire department/district has sufficient appropriate PPE and other equipment to handle a fire involving the Battery Energy Storage System;

The location of the Battery Energy Storage System on the site is such that it can be accessed by the department's/district's personnel and equipment; and

The fire department/district has access to sufficient hydrants and quantum of water to handle a fire involving the Battery Energy Storage System.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and rights-of-way.

Lighting. Lighting of the Battery Energy Storage Systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Vegetation and tree cutting. Areas within 10 feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover, such as green grass, succulents, or similar plants used as ground covers, shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the greatest extent possible.

Noise. The noise generated from the Battery Energy Storage Systems, components, and all associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the property line. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide Operating Sound Pressure Level measurements from a reasonable number of sampled locations at the perimeter of the Battery Energy Storage System to demonstrate compliance with this standard.

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, Battery Energy Storage System commissioning shall be conducted by a New York State (NYS) Licensed Professional Engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Building Inspector prior to final inspection and approval and maintained at an approved on-site location.

Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code. Additionaly a concrete masonry unit wall and/or fire-suppression system may be required, unless applicant can demonstrate that such a wall and/or fire suppression is not needed.

Operation, maintenance and monitoring manual. Such plan shall describe continuing Battery Energy Storage System maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code. The plan shall: identify if 24/7 remote monitoring is provided, provide identification for service provider with monitoring contract, and detail communication protocols, auxiliary outputs (for controlling/signaling output), auxiliary inputs (for fire alarm connection/emergency power off), capability of disconnecting individual battery/string of batteries under emergency shutdown, 24/7 remote monitoring for early warning. The plan shall identify the process for causing immediate alerts to the applicable Fire District, or Fire Protection District, and Police Department upon the occurrence of any alarm at the site.

Emergency operations plan. A copy of the approved Emergency Operations Plan shall be given to the system owner, the local Fire District or Fire Protection District, Building Inspector and fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

Contact information for professional safety personnel from the utility provider and engineer of record or designee for the Applicant that can be on-site 24/7 in the event of an emergency. This information shall be updated annually and shall include detail regarding on-site response times from the engineer of record or designee for the Applicant and coordination procedures between the engineer of record or designee and utility provider.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to Police Department, Fire District or Fire Protection District personnel for potentially hazardous conditions in the event of a system failure.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the Police Department, Fire District or Fire Protection District, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

Procedures for dealing with Battery Energy Storage System equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged Battery Energy Storage System equipment from the facility.

Other procedures as determined necessary by the Town of Greenburgh to provide for the safety of occupants, neighboring properties, and emergency responders.

Procedures and schedules for conducting drills and procedures for training local first responders on the contents of the Plan and appropriate response procedures, consistent with Section 4.1.3 of NFPA 855, and incorporating all elements of (Annex C - Section C.1.1), must be provided.

The plan should include:

Listing of the required PPE (including self-contained breathing apparatus) to be on-site immediately; and

Analysis of the access to a sufficient quantum of water, consistent with Insurance Service Office (ISO) Needed Fire Flow calculations or approved equivalent.

The plan shall be updated annually.

Notification shall be given to the Police Department, applicable Fire District or Fire Protection District, including adjacent Fire Districts and/or Fire Protection Districts that provide mutual aid, regarding approved permits/inspection information. The information provided shall include the 24 by seven by 365 access or contact information of the manufacturer and installer of the Battery Energy Storage System.

Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all Battery Energy Storage System components, structures, equipment, security barriers, and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

The anticipated life of the Battery Energy Storage System;

The estimated decommissioning costs and how said estimate was determined;

The method of ensuring that funds will be available for decommissioning and restoration;

The method by which the decommissioning cost will be kept current;

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the Battery Energy Storage System, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

A listing of any contingencies for removing an intact operational Battery Energy Storage System from service and for removing an Battery Energy Storage System from service that has been damaged by a fire or other event.

Decommissioning fund.

The owner and/or operator of the energy storage system shall continuously maintain a fund or security payable to the Town of Greenburgh, in a form approved by the Town of Greenburgh for the removal of the Battery Energy Storage System. The fund or security shall cover costs of:

Removal of battery energy storage system cabinets, ancillary equipment, and overhead and underground power lines;

Disposal of solid and hazardous materials;

Site restoration (including cleanup from soil or other environmental contamination or pollution); and

Other decommissioning costs, at the applicant's expense, be obtained prior to beginning construction and maintained until the completion of decommissioning and site restoration.

The security may consist of a letter of credit. The amount of the fund or letter of credit shall be adjusted as needed or necessary. The Town shall engage a professional advisor prior to the beginning of construction and every two years, at applicant's expense, to advise the Town on the then current costs of decommissioning, disposal and site restoration. Multiple draws, up to the maximum amount, would be allowed.

The letter of credit should be issued by a financial institution or surety company licensed to do business in the State of New York, and presentable for payment in Westchester County or New York City. At the time of each renewal, the credit rating of the issuer shall be satisfactory to the Town Comptroller.

The fund or letter of credit would be callable by the Town upon:

Failure of the amount of the fund or letter of credit to be adjusted and renewed prior to 90 days before its otherwise expiry date;

Applicant becoming subject to a voluntary or involuntary bankruptcy;

Applicant not performing the required monthly and other maintenance and/or the electronic monitoring of the system;

Determination by the Building Inspector or Chief of Police that public safety is potentially affected; or

Applicant having abandoned the facility when it ceases to operate for 12 months.

Additional required submittals:

A one- or three-line electrical diagram detailing the Battery Energy Storage System layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

A preliminary equipment specification sheet that documents the proposed Battery Energy Storage System components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Battery Energy Storage System. Such information of the final system installer shall be submitted prior to the issuance of building permit.

Name, address, phone number, and signature of the project Applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the Battery Energy Storage System.

(14)

Ownership changes. If the owner of the Battery Energy Storage System changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the special use permit, site plan approval, decommissioning plan, and decommissioning fund. A new owner or operator of the Battery Energy Storage System shall notify the Building Inspector, Police Department, and Fire District or Fire Protection District of such change in ownership or operator within 30 days prior to the ownership change. A new owner or operator must provide such notification to the Building Inspector in writing. The special use permit and all other local approvals for the Battery Energy Storage System would be void if a new owner or operator fails to provide written notification to the Building Inspector in the required time frame and fails to do so after being provided with an oppurtunity to cure.

(15)

Safety.

System certification. Battery Energy Storage Systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for Battery Energy Storage Systems and Equipment). A copy of the UL 9540 listing and web link from certification database as well as UL 9540A fire test report or listing documentation for all systems shall be provided, or approved equivalent, with subcomponents meeting each of the following standards as applicable [in accordance with NYS Public Officers Law §§ 87(2) and 89(5), Applicants shall document aspects of this submittal, if applicable, that are trade secrets which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise as a formal request for FOIL access to be denied]:

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications);

UL 1642 (Standard for Lithium Batteries);

UL 1741 or UL 62109 (Inverters and Power Converters);

Certified under the applicable electrical, building, and fire prevention codes as required;

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

Site access. Battery Energy Storage Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local emergency responders.

Battery Energy Storage Systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with the National Electrical Code of New York State.

A Hazard Mitigation Analysis is required for all Battery Energy Storage Systems other than Tier 1. Methodology/documentation related to monitoring integrity shall be included as part of hazard mitigation analysis.

A traffic safety circulation plan, taking into account general internal circulation and loading/truck movements, etc., is required for all Tier 2 Battery Energy Storage Systems. The plan shall identify appropriate impact protection, including, but not limited to, traffic barriers, bollards, walls, etc.

Additional requirements.

If ethylene glycol is used as part of the liquid cooling system, a Containment Pan shall be installed underneath the facility as a supplemental secondary containment, together with an off-site Disposal Plan, satisfactory to the Bureau of Engineering.

The Hazard Mitigation Analysis shall identify whether a back-up gas or propane generator satisfactory to the Bureau of Engineering shall be installed sufficient to operate the cooling system and other critical components if the state electric grid is not delivering power.

Liability insurance coverage for the Town covering damage to public or private property, personal injury and death, at applicant's expense, satisfactory to the Town Comptroller, shall be obtained prior to beginning construction and maintained until the completion of decommissioning and site restoration. There should be no exclusion for liability resulting from contaminants or pollutants.

Compliance with the Uniform Code and applicable standards of NFPA 855 shall be certified annually to the Building Inspector.

The Planning Board shall require an up-front and/or annual fee to cover the costs of training of personnel and acquiring the appropriate PPE for the relevant Fire District or Fire Protection District.

Nothing in the listing of certain standards shall be deemed to restrict the Planning Board from requiring stricter standards for safety, mitigating environmental impacts, or character of existing residential neighborhoods.

All fees of outside professionals related to the application shall be paid by applicant. All documentation be satisfactory to the Town Board, the Town Attorney or outside counsel selected by it, and the various Town departments having oversight over various conditions.

[8]

Failure to comply with any of the conditions of the approvals granted by the Town Board would be grounds for the approvals to be revoked only after all applicable cure periods have been exhausted. Permit conditions to be filed in Westchester County Land Records and run with the land.

[9]

Security cameras shall be installed, if identified as part of the Hazard Mitigation Plan, or recommended by the Chief of Police or designee.

(16)

Permit time frame and abandonment.

The Special Use Permit and site plan approval for a Battery Energy Storage System shall be valid for a period of 24 months, provided that a building permit is issued for construction and/or construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 24 months after approval, the Planning Board may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 36 months, the approvals shall expire.

The Battery Energy Storage System shall be considered abandoned when it ceases to operate for 12 months. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town of Greenburgh may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 Battery Energy Storage System and restoration of the site in accordance with the decommissioning plan.

(17)

Enforcement. Any violation of this Battery Energy Storage System Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town of Greenburgh.

(18)

Specific special permit standards.

Site size. Tier 2 Battery Energy Storage Systems can be situated on lots with a minimum of 80,000 square feet in the CA, CB, DS, IB, and UR (Neighborhood Shopping/Planned Commercial) District. Tier 2 Battery Energy Storage Systems can be situated on lots with a minimum of 40,000 square feet in the OB, OB-1, LOB, LI, GI, PD, and PED Districts. Tier 2 Battery Energy Storage Systems must be situated on a property with a minimum of five acres in the One-Family Residence Districts and only when when the system is accessory to an existing municipal building, government use, building of religious worship, private school, hospital, Assisted-living facility, Continuing-Care Retirement Community, or Continuum of Care Facility.

Systems size. Tier 2 Battery Energy Storage Systems shall not exceed 6,000 kWh in the One-Family Residence, CA, CB, DS, IB, LOB, OB, OB-1, and UR Districts (Neighborhood Shopping/Planned Commercial). The maximum Battery Energy Storage System footprint shall not exceed 1,400 square feet in the One-Family Residence, CA, CB, DS, IB, LOB, OB, OB-1, and UR (Neighborhood Shopping/Planned Commercial) Districts, with associated cabinets not to exceed a combined footprint of 300 square feet. Tier 2 Battery Energy Storage Systems shall not exceed 12,000 kWh in the GI, LI, PD and PED Districts. The maximum Battery Energy Storage System footprint shall not exceed 3,500 square feet in the GI, LI, PD and PED Districts.

Setbacks. Tier 2 Battery Energy Storage Systems in the One-Family Residence, CA, CB, DS, IB, OB, OB-1, LOB, LI, GI, PD, PED and UR District (Neighborhood Shopping/Planned Commercial) shall be setback a minimum of 100 feet from property lines, unless reduced or increased by the Planning Board in instances where such reduction or increase is supported in connection with the Hazard Mitigation Analysis, to the satisfaction of the Planning Board. The Planning Board shall not, however, approve an installation to be closer than 50 feet to a property line. Tier 2 Battery Energy Storage Systems shall be setback a minimum of 100 feet from all principal on-site and off-site buildings, unless reduced or increased by the Planning Board in instances where such setback reduction (not to be less than 10 feet from the building) or increase is supported in connection with the Hazard Mitigation Analysis, to the satisfaction of the Planning Board. For proposals in the GI, LI, PD and PED Districts exceeding 6,000 kWh, there shall be additional setback requirement of 300 feet from property line of the nearest one-family residence.

Height. Tier 2 Battery Energy Storage Systems shall not exceed 10 feet in height.

Fencing requirements. Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports, and shall be satisfactory to the Chief of Police or designee. Consistent with Uniform Code Section 506, the Applicant must provide a box mounted at an approved location and of sufficient size to accommodate access keys and a hard copy of the emergency response plan.

Screening and visibility. Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfere with ventilation or exhaust ports. The avoidance of tree removals, to greatest extent practicable, shall be indentified by the Applicant. Perimeter screening shall be of a height at least as high as the battery storage cabinets within three years, and the diversity, quantum, density and other features of the site replanting plan be satisfactory to the Town Forestry Officer, and the replantings be maintained during the life of the facility at the applicant's expense. No direct sightline from any single-family residence to the Tier 2 Battery Energy Storage System shall be permitted.

Permitting requirements for Tier 3 Battery Energy Storage Systems.

One Tier 3 Battery Energy Storage System is permitted on a Partcipating Property through the issuance of a special use permit by the Town Board within any Zoning District and shall be subject to the Uniform Code, conformance with the standards and procedures set forth in § 285-37.1A, B, and D(1) through (18), as modified herein, and the following specific special permit standards and criteria:

Tier 3 Battery Energy Storage Systems must and can only be connected to feeders emanating from one of the following Consolidated Edison Substations existing as of the effective date of Local Law No. 5-2021: Parcel ID: 5.50-103-1 in the Village of Elmsford, located on Rt. 119 (Tarrytown Road); and Parcel ID: 7.51-2-2.SP in the Town of Greenburgh, located adjacent to the Saw Mill River Parkway, south of Old Saw Mill River Road. Connection to any other substations, within or outside the boundaries of the Town of Greenburgh, is not authorized under § 285-37.1E.

The maximum Battery Energy Storage System footprint shall not exceed 30,000 square feet.

A maximum of one Tier 3 Battery Energy Storage System can be connected to each of the two Consolidated Edison Substations identified in § 285-37.1E(1)(a).

The Tier 3 Battery Energy Storage System must be located on a site within 3,000 linear feet of the existing substation.

If proposed as a singular principal use on a site, a Tier 3 Battery Energy Storage System must be situated on a minimum ten-acre site. A Tier 3 Battery Energy Storage System can be situated as a second principal use on an existing property, provided the site contains at least 25 acres. When proposed as a second principal use, a total of 10 acres, which shall include the Battery Energy Storage Facility area and planned additional acreage of contiguous open space, which shall be subject to a conservation easement and restrictive covenant acceptable to the Town Board, and recorded with the County Clerk - Office of Land Records, is required to be established. The location and type of contiguous planned open space and the terms of the conservation easement and restrictive covenant shall be to the satisfaction of the Town Board. The open space shall be situated to preserve existing natural features, and provide a buffer for potential future changes of use. The minimum ten-acre area pursuant to a conservation easement may be utilized for bulk and dimensional standards of the Battery Energy Storage System. The acreage of a proposed Battery Energy Storage System and the acreage of the contiguous open space must have been under common ownership as of the effective date of L.L. No. 5-2021.

Setbacks. Tier 3 Battery Energy Storage Systems shall be setback a minimum of 100 feet from property lines. The facility shall be located at least 500 feet from the property line of the nearest one-family residential structure.

Height. Tier 3 Battery Energy Storage Systems shall not exceed 12 feet in height.

Fencing requirements. Tier 3 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports and shall be satisfactory to the Chief of Police or designee.

Screening and visibility. Tier 3 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfere with ventilation or exhaust ports. The avoidance of tree removals, to greatest extent practicable, shall be indentified by the Applicant. Perimeter screening shall be of a height at least as high as the battery storage cabinets within three years, and the diversity, quantum, density and other features of the site replanting plan be satisfactory to the Town Forestry Officer, and the replantings be maintained during the life of the facility at the applicant's expense. No direct sightline from any single-family residence to the Tier 3 Battery Energy Storage System shall be permitted.

Applications for the installation of Tier 3 Battery Energy Storage Systems shall follow the same format and procedures as identified in § 285-37.1A, B, and D(1) through (18); however, the Town Board shall be the approving board for special permit and site plan applications, with referral to the Planning Board. The maximum number of Tier 3 Battery Energy Storage Facilities that the Town Board may approve pursuant to the criteria, standards and procedures of this § 285-37.1 is two. Battery Energy Storage Systems exceeding an aggregate Battery Energy Storage System Capacity of 80 MWh are expressly prohibited.

§ 285-37.2 Solar Energy Systems.

[Added 3-27-2024 by L.L. No. 3-2024]

Statement of purpose and intent. Solar energy is a renewable and nonpolluting energy resource that can reduce fossil fuel emissions and lessen a municipality's energy load. Energy generated from Solar Energy Systems can be used to offset energy demand on the grid. The use of Solar Energy Systems for the purpose of providing electricity and energy for heating and/or cooling is both a necessary and priority component of the Town of Greenburgh's current and long-term sustainability goals. It is also consistent with the commitment of the Town of Greenburgh to be a "climate smart" community. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight, while minimizing disturbance to trees, shrubs, and natural habitats and minimizing adverse impacts on neighboring properties, so as to preserve the Town's aesthetic qualities while protecting the public health, safety, and welfare. Two of the many important environmental resources of the Town are its trees and wooded areas. Another important resource of the Town is its visual environment. The Town Board believes that it is essential to balance the preservation and use of competing environmental resources for the benefit of the community and surrounding region.

Applicability.

The requirements of this section shall apply to all Solar Energy Systems and equipment installations permitted, installed, or modified in the Town of Greenburgh after the effective date of this section, excluding general maintenance and repair.

Solar Energy System installations for which a valid building permit has been issued before the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing Solar Energy System that increase the Solar Energy System area by more than five percent (5%) of the original area of the Solar Energy System (exclusive of any fencing) shall be subject to this section.

General Requirements.

A building permit and any related permits shall be required for the installation or modification of all Solar Energy Systems.

Issuance of permits and approvals shall include review pursuant to the State Environmental Quality Review Act, as applicable.

All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (the "State Building Code"), the New York State Energy Conservation Code (the "State Energy Code") as well as may be required by Public Service Commission regulations.

Safety considerations.

All Solar Energy Systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

All Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal, at a level acceptable to the Building Inspector and appropriate Fire Department/District.

If storage batteries are included as part of the Solar Energy System, they shall be subject to the requirements of § 285-37.1 of this chapter and any applicable federal, state, or county laws or regulations.

All Solar Energy Systems and solar energy equipment shall be permitted only if designed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code (the "State Building Code"), the New York State Energy Conservation Code (the "State Energy Code") as well as may be required by Public Service Commission regulations and shall not present any unreasonable safety risks, including, but not limited to, the following factors:

Weight load.

Wind resistance.

Ingress or egress in the event of fire or other emergency.

Appropriate access to public water in the event of fire or other emergency.

The Building Inspector shall require certification from a New York State licensed professional engineer or registered architect that the system design conforms with applicable codes, regulations, and industry standards, and that the system has been properly installed and anchored to prevent flotation, collapse, or undesired movement.

Solar Energy System installations must be performed by a qualified solar installer.

All on-site utility lines shall be placed underground with the exception of the main service connection at the utility company right-of-way and any new utility interconnection equipment, including, without limitation, any poles, with new easements and right-of-way.

All Solar Energy Systems and associated solar energy equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties and/or public or private roadways.

All Solar Energy Systems and solar energy equipment shall, to the extent reasonably possible, use materials, colors, and textures that blend the facility into the existing environment.

Freestanding mechanical and/or electrical equipment shall be enclosed by a minimum four-foot-high fence and be in conformance with the requirements of the National Electric Code, with a self-locking gate to prevent unauthorized access. Any structures for storage batteries shall be enclosed with fencing pursuant to the requirements of § 285-37.1 of this chapter.

Permitting Requirements for Tier 1 Solar Energy Systems. Tier 1 Solar Energy Systems shall be permitted in all of the zoning districts in the Town, subject to the issuance of a building permit and compliance with the following conditions:

Building-Integrated Solar Energy Systems.

Building-Integrated Solar Energy Systems shall incorporate the following design requirements:

Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels shall have anti reflective coating(s).

Building-Integrated Solar Energy Systems shall comply with the height limitations of the zoning district in which they are situated, as applicable.

Building-Integrated Solar Energy Systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Permitting Requirements for Tier 2 Solar Energy Systems. Tier 2 Solar Energy Systems shall be permitted as accessory uses in all of the zoning districts in the Town, excluding the Planned Unit Development (PUD) District, on lots containing only a lawfully existing single-family or multifamily dwelling unit or units, or in connection with a building permit for construction of a new single-family or multifamily dwelling(s), subject to the issuance of a building permit and compliance with the following conditions:

Coating. Solar panels shall have antireflective coating(s).

Lot size. None specified.

Setbacks. Tier 2 Solar Energy Systems shall comply with the setback requirements of the zoning district in which they are situated.

Height. Tier 2 Solar Energy Systems shall be no more than 16 feet in height, as measured from the highest natural grade below each solar panel and shall be calculated when the Solar Energy System is oriented at maximum tilt.

Location. Tier 2 Solar Energy Systems shall only be installed within side or rear yards.

Screening and visibility.

Tier 2 Solar Energy Systems shall be screened to the maximum extent reasonably possible from adjacent properties and public or private roadways through the use of architectural features, landscaping, earth berms, fencing, or other screening methods which harmonize with the character of the subject property and the surrounding area. The screening shall not, however, interfere with the normal operation of the solar collectors. A landscaping and screening plan shall be submitted at the time of Building Permit submission which specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading to be used to screen and/or mitigate any adverse aesthetic impacts of the system. A maintenance plan outlining how the required screening will be maintained for the duration of the system shall be provided by the Applicant at the time of Building Permit submission.

Solar energy equipment shall be located in a manner so as to reasonably avoid and/or minimize the blockage of views from, or shading of, surrounding properties, while still providing adequate solar access.

Tree removal shall be subject to Chapter 260 of the Town Code, including, but not limited to, § 260-8 pertaining to tree replacement and/or other mitigation.

The clearing of vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the Tier 2 Solar Energy System, to the satisfaction of the Town Forestry Officer. Solar Energy Systems shall not be sited within any required or designated buffer areas.

Fencing. Tier 2 Solar Energy Systems shall be appropriately fenced, in conformance with the requirements of the National Electric Code.

Stormwater management. The Applicant shall ensure that there is no net increase in stormwater runoff from the site resulting from the system installation, in accordance with the requirements of Chapter 248 of the Code of the Town of Greenburgh. Further, the Applicant shall follow the guidance provided by the New York State Department of Environmental Conservation relative to Stormwater Pollution Prevention Plan requirements.

Permitting Requirements for Tier 3 Solar Energy Systems. Tier 3 Solar Energy Systems (nonresidential ground-mounted systems) shall be permitted in the following zoning districts in the Town (CB, DS, CA, HC, UR, OB, OB-1, LOB, IB, PD, PED, LI, and GI) as accessory uses, subject to the issuance of a Building Permit and compliance with the following conditions:

Coating. Solar panels shall have antireflective coating(s).

Lot size. None specified.

Setbacks. Tier 3 Solar Energy Systems shall comply with the setback requirements of the zoning district in which they are situated.

Height. Tier 3 Solar Energy Systems shall be no more than 16 feet in height, as measured from the highest natural grade below each solar panel and shall be calculated when the Solar Energy System is oriented at maximum tilt.

Location. Tier 3 Solar Energy Systems shall be permitted in all yards, subject to compliance with the setback requirements of the zoning district in which they are situated.

Screening and visibility.

Tier 3 Solar Energy Systems shall be screened to the maximum extent reasonably possible from public roadways and adjacent properties through the use of architectural features, earth berms, landscaping, fencing, or other screening methods which harmonize with the character of the subject property and the surrounding area. The screening shall not, however, interfere with the normal operation of the solar collectors. A landscaping and screening plan shall be submitted at the time of application submittal which specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading to be used to screen and/or mitigate any adverse aesthetic impacts of the system. A maintenance plan outlining how the required screening will be maintained for the duration of the system shall be provided by the Applicant, along with a maintenance bond to cover the cost of replacement, should the Applicant fail to maintain the required screening pursuant to the maintenance plan, to the satisfaction of the Building Inspector, Town Forestry Officer, and Town Attorney. The maintenance plan and bond shall be provided at the time of Building Permit submission.

Tree removal shall be subject to Chapter 260 of the Code of the Town of Greenburgh, including, but not limited to, § 260-8 pertaining to tree replacement and/or other mitigation.

The clearing of vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the Tier 3 Solar Energy System. Tier 3 Solar Energy Systems shall not be sited within any required buffer areas.

Fencing. Tier 3 Solar Energy Systems shall be appropriately fenced, in conformance with the requirements of the National Electric Code.

Coverage. The area beneath ground-mounted solar collectors and solar energy equipment shall be included in calculating maximum permitted accessory building coverage for the applicable zoning district. These calculations shall, however, exclude pervious open space between arrays or rows of solar panels. The total surface area of all solar panels on the lot shall not exceed: 1) on lots up to 20,000 sq. ft. in area — 10% of the gross lot area or 1,500 square feet, whichever is greater; 2) on lots from 20,001 sq. ft. to 40,000 sq. ft. in area — 8% of the gross lot area or 2,000 square feet, whichever is greater; 3) on lots from 40,001 sq. ft. to 80,000 sq. ft. in area — 5% of the gross lot area or 2,500 square feet, whichever is greater; and 4) on lots of 80,001 sq. ft. and greater in area — 2.5% of the gross lot area or 4,000 square feet, whichever is greater, unless a special use permit is granted by the Planning Board to allow a greater amount, pursuant to the standards outlined within this section, as well as the general standards outlined in § 285-36T(2)(a) through (f) of this Chapter.

In the event a Tier 3 Solar Energy System would result in the need for a reduction in the number of off-street parking spaces to an extent which necessitates an Area Variance from the Zoning Board of Appeals, or a Shared Parking Reduction from the Planning Board pursuant to § 285-38D(5) of this Chapter, the Applicant shall be required to obtain such approval prior to filing for a building permit.

Tier 3 Solar Energy Systems proposed to exceed the maximum permitted size as established under § 285-37.2F(8) shall require the issuance of a special use permit from the Planning Board, and shall comply with the standards outlined within this section, as well as the general standards outlined in § 285-36T(2)(a) through (f) of this Chapter. Additionally, such systems require site plan approval from the Planning Board, in accordance with Article VIII hereof. Special use permit and site plan applications shall be submitted to the Planning Board, in writing, on forms prescribed by the Department of Community Development and Conservation. The Planning Board may also require the submittal of any other pertinent information as may be necessary to determine and provide for the proper consideration of the special use permit and site plan applications.

Special use permit. The Planning Board shall have authority over the special use permit. The following special use permit standards shall apply:

Lot size. None specified.

Setbacks. Tier 3 Solar Energy Systems shall comply with the setback requirements of the zoning district in which they are situated.

Buffers and screening:

A minimum ten-foot-wide buffer, consisting of natural vegetation, shall be provided around all mechanical equipment, associated structures, and solar panel arrays to provide screening to adjacent properties and to minimize glare on adjacent properties and roadways. Noninvasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, and wildflowers must be used in the vegetative buffer. Existing noninvasive trees and vegetation shall be maintained within such buffer areas except where dead, diseased, or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy vegetative buffer requirements, as applicable. If existing trees and vegetation must be removed, the Applicant shall obtain a tree removal permit from the Planning Board pursuant to the requirements of Chapter 260 of the Code of the Town of Greenburgh, as applicable, with input from the Town Forestry Officer, and new plantings shall be provided within the buffer to satisfy the replanting requirements of that chapter. The vegetative buffer may be situated within the required yard setback and shall be maintained for the life of the system.

The Applicant shall submit a screening and landscaping plan to demonstrate adequate measures to screen the system through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical and feasible from public and private roadways and adjacent properties. The Planning Board may request a colored rendering of the plan, at its discretion.

The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system.

When a Tier 3 Solar Energy System site adjoins property zoned for residential use and requires the issuance of a special use permit and site plan approval, an increase in the required vegetative buffer area may be required by the Planning Board between the residential lot(s) and site improvements associated with the system. If required, the additional buffer area shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the system from residentially zoned sites. The species type, location, and planted height of such landscaping shall be subject to the satisfaction of the Planning Board following a written recommendation from the Town Forestry Officer.

Depending upon the scope and potential significance of the visual impacts, the Planning Board shall have the right to require a visual assessment analysis, including photo simulations of the proposed project from key viewpoints, which shall include, but not be limited to, public roads, scenic viewsheds, parks, protected open space, buildings, and properties listed on the state and/or National Registers of Historic Places, and any additional important resource or publicly accessible location.

Vegetative ground cover required.

Where natural pervious surfaces are to be situated under and between solar panels, noninvasive ground cover that is pollinator-friendly, low-maintenance, drought-resistant, and non-fertilizer-dependent, must be installed. Where practical, these areas shall be graded and/or planted in such a way so as to perform a function similar to rain gardens, capable of storing and absorbing stormwater runoff.

Any natural pervious surfaces associated with the project area shall be seeded promptly following completion of construction in such a manner so as to reduce invasive weed growth and erosion in the project area.

The use of "selective" herbicides and pesticides may be applied as specified in § 280-7A(1)(d) of the Code of the Town of Greenburgh, and shall be limited to the maximum extent practical, with natural alternative solutions preferred.

Coating. The solar panels shall have anti reflective coating(s).

Artificial lighting. Artificial lighting of the Solar Energy Systems and solar energy equipment shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. All such lighting shall be dark-sky compliant.

Trees. Tree removal shall be subject to Chapter 260 of the Code of the Town of Greenburgh, including, but not limited to, § 260-8 pertaining to tree replacement and/or other mitigation.

Vegetation removal. The cutting of trees and other vegetation shall be limited to that which is deemed necessary by the project team, which shall include a professionally certified arborist, and the Town Forestry Officer, for the construction, operation and maintenance of the Tier 3 Solar Energy System. Tier 3 Solar Energy Systems shall not be sited within any required buffer areas.

Fencing.

All electrical and control equipment shall be secured to prevent unauthorized access. An emergency access lock box shall be provided for emergency responder entry.

Where deemed appropriate by the Planning Board, the Planning Board may require Tier 3 Solar Energy Systems to be enclosed by fencing which shall be located on the interior of the required vegetative buffer. If required, the Planning Board shall review and approve the type and height of fencing based on the location and screening needs.

If required, fencing shall be wildlife friendly and shall have five-inch-by-twelve-inch openings at ground level spaced no more than 100 feet apart to allow unencumbered travel by small animals.

Underground requirements. All utility lines located outside of the facility's fenced perimeter boundary shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new utility interconnection equipment, including, without limitation any poles, with new easements and right-of-way provided, as applicable.

Access. The Applicant shall indicate on the site plan all existing and proposed access routes to the project area, including road, electric power, emergency access, land-based telephone line connections, and other utilities existing and proposed within the property boundaries of the proposed location. Existing roadways shall be used for access to the site whenever possible and when determined acceptable by the Planning Board.

Driveways. Vehicular driveways within the site shall be designed to minimize the extent of impervious materials and soil compaction, with pervious surfaces being highly preferred.

Signs. All electrical and control equipment shall be labeled. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on solar equipment, except:

Manufacturer's/installer's identification and/or facility name;

Appropriate safety and warning signs and placards;

Signs that may be required by a federal, state, or county agency or regulations; and

Signs that provide a twenty-four-hour emergency contact phone number.

Said information shall be depicted on each sign, within an area no more than eight (8) square feet and with all lettering no less than one inch in size.

When energy storage batteries are included as part of the Tier 3 Solar Energy System, they shall be subject to the requirements of § 285-37.1 of this chapter and any applicable federal, state or county laws or regulations.

Land ownership. In the case of an application for a Tier 3 Solar Energy System to be located on private lands owned by a party other than the Applicant or the Town, a copy of the lease agreement with the property owner shall be filed with the Building Inspector.

Proof of insurance. The Applicant and the owner of the property where the Tier 3 Solar Energy System is to be located shall maintain insurance in a sufficient dollar amount to cover potential personal and property damage associated with operation of the system.

Abandonment and decommissioning.

Purpose. It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Town of Greenburgh, by requiring abandoned Solar Energy Systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the solar industry, may create an environment for systems to be abandoned, thereby resulting in a negative visual impact on the Town. Abandoned Solar Energy Systems may become unsafe by reasons of their energy-producing capabilities and serve as an attractive nuisance.

Abandonment.

A Tier 3 Solar Energy System shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of one (1) year. A Tier 3 Solar Energy System shall also be deemed abandoned if the facility is not completed and functioning within three (3) years of being issued special use permit and site plan approvals.

Extension of time. The time at which a Tier 3 Solar Energy System shall be deemed abandoned may be extended by the Planning Board for up to, but no more than, two (2) additional years, provided that the system owner presents to the Planning Board a viable plan outlining the steps and schedules for placing the system in service or back in service, at not less than 80% of its rated capacity, within the time period of the extension. An application for an extension of time shall be made to the Planning Board by the Tier 3 Solar Energy System owner prior to abandonment as defined herein. Extenuating circumstances as to why the system has not been operating or why construction has not been completed may be considered by the Planning Board in determining whether or not to grant an extension.

Removal required. A Tier 3 Solar Energy System which has been abandoned shall be decommissioned and removed. The system owner and/or owner of the land upon which the system is located shall be held responsible to physically remove all components of the system within one (1) year of abandonment. Removal of the system shall be in accordance with the approved decommissioning plan.

Decommissioning plan. All applications for a Tier 3 Solar Energy System requiring a special use permit and site plan approval from the Planning Board shall be accompanied by a decommissioning plan signed by the owner and/or operator of the system. The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, and shall, at a minimum, include the following:

An estimate of the anticipated operational life of the system.

A schedule providing the time frame over which decommissioning will occur and for completion of site restoration work, which shall be within six (6) months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment, and revegetation of restored soil areas with native seed mixes and native tree species.

Identification of the party responsible for decommissioning.

[d]

Description of any agreement with the landowner regarding decommissioning.

[e]

A cost estimate prepared by a qualified professional engineer, estimating the full cost of decommissioning and removal of the Solar Energy System and any ancillary structures, as well as any necessary site remediation or restoration.

[f]

A financial plan to ensure that financial resources will be available to fully decommission the site.

[g]

Removal of aboveground and below-ground equipment, structures, and foundations.

[h]

Disposal of all solid and hazardous waste in accordance with local, county, state, and federal waste disposal regulations.

Financial security.

The Applicant shall submit a cash deposit, bond, or other form of security in an amount and form acceptable to the Town Attorney and Town Engineer to ensure the good-faith performance of the terms and conditions of the special permit issued pursuant hereto, and provide for the removal of the Solar Energy System and restoration of the lot subsequent to removal. The amount of the cash deposit, bond, or other security shall be 125% of the cost of removal of the Solar Energy System and restoration of the property with an escalator of 2% annually for the life of the Solar Energy System. The Applicant shall submit a cost estimate detailing the estimated cost of installing the Solar Energy System according to the special permit, the estimated cost of decommissioning the Solar Energy System, the estimated salvage value of the Solar Energy System and the anticipated life span of the solar energy system to the Town Engineer for review and approval at the same time the decommissioning plan is submitted. The decommissioning amount may be reduced by the amount of the estimated salvage value of the Solar Energy System, at the discretion of the Town Engineer and Town Attorney. The amount of the security may be adjusted by the Town upon receipt of an annual report containing an updated cost estimate for decommissioning and removal.

In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or other security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond, or other security shall remain in full force and effect until restoration of the property, as set forth in the decommissioning plan, is completed.

In the event of default or abandonment of the Tier 3 Solar Energy System, the system shall be decommissioned as set forth in Subsection F(12)(r) above.

Annual report. The Tier 3 Solar Energy System owner shall, on a yearly basis, provide the Town with a written report identifying the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the system and/or the land upon which the system is located and shall identify any change in the party responsible for the decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than forty-five (45) days after the end of the calendar year. Every third year, to coincide with the filing evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the system. The Town may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation of this section.

Decommissioning and removal by Town. If the owner or operator of the Tier 3 Solar Energy System fails to remove the system in accordance with the requirements of this section within ninety (90) days of the proposed date of decommissioning, as specified in the decommissioning plan, and provided a notice of extension has not been granted by the Planning Board, the Town may enter the property and physically remove the installation at the expense of the property owner or against any financial surety assigned to the Town as provided for above. The following procedure shall be used for proceeding with Town removal.

Upon a determination of the Building Inspector that a Tier 3 Solar Energy System has been abandoned, the Building Inspector shall notify the system operator, landowner, and permittee by certified mail:

In the case of a facility under construction, to complete construction and installation of the facility within 180 days; or

In the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation of the facility to no less than 80% of its rated capacity within 180 days, or the Town will deem the system abandoned and commence action to revoke the special use permit approval.

Being so notified, if the system owner, landowner, and/or permittee fails to perform as directed by the Building Inspector within the 180-day period, the Building Inspector shall notify the system owner, landowner, and permittee, by certified mail, that the system has been deemed abandoned and the Town intends to revoke the special use permit within sixty (60) days of mailing of said notice. The notice shall also state that the permittee may appeal the Building Inspector's determination of abandonment to the Zoning Board of Appeals and request a hearing on the matter.

Said appeal and request for hearing must be made and received by the Secretary to the Zoning Board of Appeals within twenty (20) days of mailing the notice. Failure by the permittee to submit an appeal and request for hearing within the twenty-day period will result in the special use permit being deemed revoked as stated herein.

In the event the permittee appeals the determination of the Building Inspector and requests a hearing, the Zoning Board of Appeals shall schedule and conduct said hearing within sixty (60) days of receiving the appeal and request. In the event a hearing is held, the Zoning Board of Appeals shall determine whether the system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Zoning Board of Appeals, or whether to revoke the permit and order removal of the system.

Upon determination by the Building Inspector or Zoning Board of Appeals that a special use permit has been revoked, the decommissioning plan must be implemented and the system removed within one (1) year of having been deemed abandoned, or the Town may cause the removal at the system owner's and/or landowner's expense. If the system owner and/or landowner fail to fully implement the decommissioning plan within one (1) year of abandonment, the Town may collect the required surety and use said funds to implement the decommissioning plan.

Removal by Town and reimbursement of Town expenses. Any costs and/or expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a Tier 3 Solar Energy System, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected, with interest, by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.

Prior to the scheduled removal of a Tier 3 Solar Energy System as part of decommissioning or for abandoned systems, a demolition permit for removal activities shall be obtained from the Building Inspector. Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated structures below grade.

The Planning Board may modify or waive any of the above requirements wherever, in its opinion, such modification or waiver will be consistent with the intent of this section and the goal of promoting the public health, safety, comfort, convenience, and general welfare of the community. The findings for granting such modification or waiver shall become a part of the public record.

Site Plan application. In addition to the other site plan application requirements and procedures of Article VIII of this chapter, the following site plan application requirements shall apply:

The application shall include the following information:

The name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the Solar Energy System. Final information regarding the system installer shall be submitted prior to the issuance of a building permit.

The name, address, phone number, and signature of the project applicant, as well as the property owner(s), demonstrating their consent to the application and the use of the property for the Solar Energy System.

Nameplate capacity of the Solar Energy System (as expressed in MW).

Zoning district designation of the parcel(s) of land comprising the project site.

Property lines and physical features, including roads, for the project site.

Adjacent land uses on contiguous parcels within a 200-foot radius of the project site boundary.

Proposed changes to the landscape of the site, including site grading, vegetation removal and planting, the removal of any regulated trees pursuant to Chapter 260 of the Code of the Town of Greenburgh, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.

[8]

Erosion and sediment control and stormwater management plans prepared to NYS State Department of Environmental Conservation standards, if applicable, and to such standards as required under Chapter 248 of the Code of the Town of Greenburgh, ensuring no net increase in stormwater runoff from the site. Further, the Applicant shall follow the guidance provided by the New York State Department of Environmental Conservation relative to Stormwater Pollution Prevention Plan requirements.

[9]

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.

[10]

A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

[11]

A property operation and maintenance plan which describes the continuing photovoltaic maintenance and property upkeep, such as mowing and trimming of vegetation.

As part of the formal application submittal, engineering documents must be signed and sealed by a NYS licensed professional engineer or NYS registered architect.

Permitting Requirements for Tier 4 Solar Energy Systems.

The Town Board finds it essential to balance the preservation and use of competing environmental resources for the benefit of the community and surrounding region. In the interest of maintaining this balance, the Town Board may entertain petitions for Tier 4 Solar Energy System Overlay Zones ("Solar Overlay Zone") by legislative amendment of the Town's Zoning Map. All zoning districts within the Town are eligible hosts for this Solar Overlay Zone, subject to meeting certain minimum standards. The Town Board, as a legislative body, has broad discretion in amending the Zoning Map and shall take the preservation and use of environmental resources, as well as any other factors it deems pertinent, into consideration in determining whether the Town Board will entertain an application for the creation of a Solar Overlay Zone. In evaluating this balance, the Town Board will, all other things being equal, prioritize paved parking areas over natural treeless areas, and will prioritize natural treeless areas over treed areas, for the installation of Tier 4 Solar Energy Systems.

In the legislative intent of Chapter 260, entitled, Trees, Community Management, the Town Board has found that trees are necessary to protect the health, safety, environment, ecosystems and general welfare of the inhabitants and properties in the Town of Greenburgh. Trees provide numerous environmental benefits, wildlife habitat, stormwater management, and generally enhance the quality of life and values of properties within the Town. Protection of the visual environment is another important consideration of the Town Board.

Amendment of the Zoning Map shall follow the same procedure contained in Article IX of the Town Zoning Ordinance and shall include a detailed site plan at the time of submission. Prior to the submission of a Zoning Map petition, the Applicant shall meet in person with the Town Board at a regularly scheduled work session as part of a presubmission conference. The purpose of such conference shall be to discuss the proposed use in the context of the potential site and provide the Town Board with an understanding of how the petition is consistent and/or inconsistent with the relevant sections of this ordinance.

Subsequent to an amendment of the Zoning Map pursuant to this section, Tier 4 Solar Energy Systems are permitted as principal uses which, for the purposes of this section, shall be subject to the impervious surface coverage requirements of the underlying zoning district, and may be permitted through the issuance of a special use permit, pursuant to the standards outlined below, and site plan approval under Article VIII of this chapter, respectively. Following a presubmission conference, Applicants shall be permitted to submit site plan and special use permit applications in connection with the Zoning Map petition, for concurrent referrals to the Planning Board.

It shall be a condition of every granting of a Solar Overlay Zone, whether stated or not, that if an application for site plan and special use permit approval, certified as complete by the Commissioner of the Department of Community Development and Conservation, is not presented to the Town Board for approval within six (6) months of the date of approval of the Solar Overlay Zone designation, or if no development is initiated on the site within twelve (12) months of the date of site plan and special use permit approval of the Solar Energy System by the Town Board, the zoning of said parcel shall revert back to the zoning of said parcel prior to its change to a Solar Overlay Zone, unless the Town Board grants an extension of time to file an application for site plan and special use permit approval, or grants an extension of time to initiate development of the site.

Special use permit. The Town Board, upon referral to the Planning Board for review and recommendation, shall have authority over the special use permit. The following special use permit standards shall apply:

Lot size. The property on which the Tier 4 Solar Energy System is placed shall be a minimum of four (4) acres.

Setbacks. Tier 4 Solar Energy Systems shall be set back at least 50 feet from all property lines, unless reduced by the Town Board (following a positive recommendation from the Planning Board) in instances where such setback reduction (not to be less than 10 feet from any property line) is supported based on a written finding that topography and landscaping or other site conditions provide adequate screening.

Height. Tier 4 Solar Energy Systems shall be no more than 15 feet in height, as measured from the highest natural grade below each solar panel and shall be calculated when the Solar Energy System is oriented at maximum tilt. Tier 4 Solar Energy Systems that are designed as a canopy over existing impervious surfaces or surfaces without vegetation that are used as parking lots may be up to 23 feet in height.

Multi-phased developments. Following an initial special use permit approved for a Tier 4 Solar Energy System, any subsequent expansion or additional phase of a Solar Energy System development proposal on the same site shall be evaluated by prioritizing paved parking areas over natural treeless areas, and prioritizing natural treeless areas over treed areas; however, in no instance shall the Solar Overlay Zone convey as-of-right expansions.

Buffers and screening:

A minimum twenty-five-foot-wide buffer, consisting of natural vegetation, shall be provided around all mechanical equipment, associated structures, and solar panel arrays to provide screening to adjacent properties and to minimize glare on adjacent properties and roadways, unless reduced by the Town Board (following a positive recommendation from the Planning Board) in instances where such reduction is supported based on a finding that topography and landscaping or other site conditions provide adequate screening. Noninvasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, and wildflowers must be used in the vegetative buffer. Existing noninvasive trees and vegetation shall be maintained within such buffer areas except where dead, diseased, or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy vegetative buffer requirements, as applicable. If existing trees and vegetation must be removed, the Applicant shall obtain a tree removal permit from the Town Board pursuant to the requirements of Chapter 260 of the Code of the Town of Greenburgh, as applicable, with input from the Town Forestry Officer, and new plantings shall be provided within the buffer to satisfy the replanting requirements of that chapter. The vegetative buffer may be situated within the required yard setback and shall be maintained for the life of the system.

The Applicant shall submit a screening and landscaping plan to demonstrate adequate measures to screen the system through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical and feasible from public roadways and adjacent properties. The Town Board may request a colored rendering of the plan, at its discretion.

When a Tier 4 Solar Energy System site adjoins property zoned for residential use, an increase in the required vegetated buffer may be required by the Town Board between the residential lot(s) and site improvements associated with the system. If required, the additional buffer area shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the system from residentially zoned sites. The species type, location, and planted height of such landscaping shall be subject to the satisfaction of the Town Board.

Depending upon the scope and potential significance of the visual impacts, the Town Board shall have the right to require a visual assessment analysis, including photo simulations of the proposed project from key viewpoints, which shall include, but not limited to, public roads, scenic viewsheds, parks, protected open space, buildings, and properties listed on the state and/or National Registers of Historic Places, and any additional important resource or publicly accessible location.

Vegetative ground cover required.

Natural pervious surfaces are to be situated under and between solar panels, with noninvasive ground cover that is pollinator-friendly, low-maintenance, drought-resistant, and non-fertilizer- dependent, to be installed. Where practical, these areas shall be graded and/or planted in such a way so as to perform a function similar to rain gardens, capable of storing and absorbing stormwater runoff.

All natural pervious surfaces associated with the project area shall be seeded promptly following completion of construction in such a manner so as to reduce invasive weed growth and erosion in the project area.

Coating. The solar panels shall have antireflective coating(s).

Trees. Tree removal shall be subject to Chapter 260 of the Code of the Town of Greenburgh, including, but not limited to, § 260-8 pertaining to tree replacement and/or other mitigation.

Vegetation removal. The cutting of trees and other vegetation shall be limited to that which is deemed necessary by the project team, which shall include a professionally certified arborist, and the Town Forestry Officer, for the construction, operation and maintenance of the Tier 4 solar energy system. Solar Energy Systems shall not be sited within any required buffer areas.

Fencing.

All electrical and control equipment shall be secured to prevent unauthorized access. An emergency access lock box shall be provided for emergency responder entry.

All Tier 4 Solar Energy Systems shall be enclosed by fencing which shall be located on the interior of the required vegetative buffer. The Town Board shall review and approve the type and height of fencing based on the location and screening needs.

The fencing shall be wildlife friendly and shall have five-inch-by-twelve-inch openings at ground level spaced no more than 100 feet apart to allow unencumbered travel by small animals.

Driveways. Vehicular driveways within the site shall be designed to minimize the extent of impervious materials and soil compaction, with pervious surfaces being highly preferred.

Signs. Tier 4 Solar Energy System owners shall be subject to the same signage requirements as outlined in § 285-37.2F(12)(n).

When energy storage batteries are included as part of the Solar Energy System, they shall be subject to the requirements of § 285-37.1 of this chapter and any applicable federal, state or county laws or regulations.

Land ownership. In the case of an application for a Tier 4 Solar Energy System to be located on private lands owned by a party other than the Applicant or the Town, a copy of the lease agreement with the property owner shall be filed with the Building Inspector.

Proof of insurance. The Applicant and the owner of the property where the Solar Energy System is to be located shall file with the Building Inspector proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation of the system.

Financial Security. Tier 4 Solar Energy Systems shall be subject to the same financial security requirements and conditions as outlined in § 285-37.2F(12)(s).

Abandonment and decommissioning. Tier 4 Solar Energy Systems shall be subject to the same abandonment and decommissioning requirements and conditions as outlined in § 285-37.2F(12)(r).

Annual report. Tier 4 Solar Energy System owner shall be subject to the same annual reporting requirements as outlined in § 285-37.2F(12)(t).

Decommissioning and removal by Town. Tier 4 Solar Energy Systems shall be subject to the same conditions and requirements related to decommissioning and removal by the Town, as outlined in § 285-37.2F(12)(u).

Removal by Town and reimbursement of Town expenses. Tier 4 Solar Energy Systems shall be subject to the same conditions and requirements related to system removal by the Town and reimbursement of Town expenses, as outlined in § 285-37.2F(12)(v).

Prior to the scheduled removal of a Tier 4 Solar Energy System as part of decommissioning or for abandoned systems, a demolition permit for removal activities shall be obtained from the Building Inspector. Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated structures below grade.

(y)

The Town Board may modify or waive any of the above requirements wherever, in its opinion, such modification or waiver will be consistent with the intent of this section and the goal of promoting the public health, safety, comfort, convenience, and general welfare of the community. The findings for granting such modification or waiver shall become a part of the public record.

§ 285-38 Off-street parking, loading and landscaping requirements.

Site plan application. Tier 4 Solar Energy System Applicants shall be subject to the site plan application requirements as outlined in § 285-37.2F(13).

Recycling. Waste from end-of-life solar panels presents opportunities to recover valuable materials and create jobs through recycling. Diverting solar panels from landfills to recycling saves space in landfills in addition to capturing the value of the raw materials. In the event that recycling of solar panels becomes available within Westchester County, or within 25 miles of a project site, the project Applicant shall be required to recycle all materials associated with the Solar Energy System.

Conflict. If any of the provisions of this section are found to be in conflict with other provisions of this chapter, the provisions of this section shall be controlling.

[Amended 4-13-1983; 12-12-1984; 7-8-1987 by L.L. No. 3-1987; 10-25-1989 by L.L. No. 2-1989; 10-14-1992 by L.L. No. 6-1992; 11-9-1994 by L.L. No. 9-1994; 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]

Required for all new buildings and uses. Subject to the exceptions hereinafter set forth, for every building hereafter constructed, erected or altered and for each use hereafter established, there shall be provided on the same premises suitably graded and paved off-street parking areas and off-street loading areas. Each such off-street parking area shall contain the required number of parking spaces set forth in Subsection E of this section and shall have appurtenant thereto and giving access thereto adequate passageways, driveways and turning areas. Each such off-street loading area shall contain the required number of loading berths set forth in Subsection G of this section.

[Amended 7-24-2019 by L.L. No. 14-2022]

Parking required for one-family dwellings. A parking unit required for a one-family dwelling may be provided in a private garage, in a carport or in a driveway not less than eight feet nor more than 30 feet in width, or combination thereof, but may not be provided within one foot of a public right-of-way. Said parking units shall not be located nearer to any side or rear lot line than minimum distance from off-street parking areas to side or rear lot lines established for the district therein.

Parking units required for all other uses.

Unless otherwise prohibited, a parking unit required for any building or use, other than for a one-family dwelling, may be fully enclosed in a garage with a door or located in a parking structure and fully roofed over, provided that it is adequately lighted at night. Said parking may be located in a side or rear yard, subject to the minimum distances as specified in the given district. Except where specifically permitted, no parking units shall be located within the required front yard of any multifamily dwelling, but passageways, driveways and turning areas giving access thereto may be permitted in such front yard. All garages and parking structures are subject to the applicable requirements for accessory or principal buildings, as the case may be.

Parking units required for multifamily dwellings, nonresidential uses or for uses accessory thereto shall be paved and clearly marked, indicating individual parking spaces, aisles, maneuvering areas, entrances and exits. Parking units shall be located so as to provide convenient access between the subject use and parking facility. All markings shall be of high-contrast white paint, except that markings between areas of two-way traffic shall be of high-contrast yellow paint.

Where a parking area required for a building or use, other than for a one-family dwelling, is generally adjacent to a residential district or to a street line, there shall be provided for along the lot line of the lot on which such parking area is situated and adjacent to such residence district or street line a landscaped separator strip of at least 10 feet in width, containing a shrubbery screen at least five feet wide, of which at least 1/2 shall be of suitable evergreens. Such shrubbery screen shall cover not less than 25% of a vertical plane four feet in height along the edge of such parking area. The area between such shrubbery screen and the adjoining properties or street line shall be planted with a good grade of grass seed or suitable ground cover. Such grass area and shrubbery screen shall be suitably maintained, shall be kept free of rubbish at all times and shall be separated from the parking area by a curb not less than six inches in height or by a bumper guard approved as to type and construction by the Building Inspector.

Other parking requirements.

Size of parking spaces. Each parking space shall be at least nine feet wide and 20 feet long, and at least 10 feet wide and 20 feet long if bordered by walls or columns on any two or more sides. Where parking spaces are defined by curbs providing space for overhang of vehicles, such spaces may be reduced in depth to 18 feet, provided that vehicles will not overhang sidewalks or other pedestrian areas. No enclosed parking unit for any building or use, other than parking units in one- or two-car garages, shall be located within 10 feet of any pedestrian entrance to a building. A clear pedestrian accessway to all circulation aisles of an enclosed parking area shall be provided.

Aisles. Backup and maneuvering aisles between rows of parking spaces shall be at least 22 feet wide. The minimum aisle space may be reduced for angle parking, but in no case shall the aisle space be less than 16 feet.

Access. Unobstructed access to all parking areas shall be provided to and from a street. Unless otherwise required by an approving board, such access shall consist of at least one twelve-foot-wide lane for parking areas with less than 30 spaces and at least two ten-foot-wide lanes for parking areas with 30 spaces or more. No entrance or exit for any off-street parking area with a capacity of more than four spaces shall be located within 50 feet of any street intersection nor exceed a grade in excess of 6% within 25 feet of any street line or 10% of any other point, unless otherwise permitted by an approving board.

Grading, drainage, surfacing and marking.

All parking areas shall be properly drained, and all such areas, except for parking spaces accessory to a one- or two-family dwelling, shall be provided with a paved surface which shall be properly maintained throughout the duration of the use. The maximum slope of a parking area shall not exceed 5%.

Where the topography of a site is such that a potential safety hazard for parked vehicles exists, the Planning Board may require barriers or other safety devices to be incorporated into the design of the parking lot.

In multifamily residential developments and in nonresidential developments, suitable markings to indicate individual parking spaces, maneuvering areas, entrances and exits shall be provided.

Parcels with two or more uses. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the full extent. Where it can be conclusively demonstrated to the satisfaction of the Planning Board that any or all of the following site characteristics occur, the Planning Board, upon recommendation by the Building Inspector, may reduce the total parking requirement to an amount which, in its judgment, will prevent frequent parking on the street by persons working on or visiting the premises and will not generate additional traffic that overburden the parking capacity:

[Amended 7-24-2019 by L.L. No. 14-2022]

One or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses are not in operation or are not likely to generate a substantial demand for parking;

Sufficient land area exists for land-banked off-street parking spaces, subject to site plan or amended site plan approval and related approvals, if deemed necessary, from the appropriate approving agency; and

The applicant presents documentation demonstrating an underutilization of existing offstreet parking spaces.

Location and ownership.

Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory unless specifically permitted by special permit, in which case said parking area shall be within 250 feet of the subject lot.

In all such cases, the parking spaces shall conform to all the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless either the use to which the spaces are accessory is permitted in such residence districts or approval is granted by an approving board. Such spaces shall be subject to an easement or restrictive covenant in form and substance satisfactory to the Town Attorney and approved by the approving board, which instrument shall be recorded in the Westchester County Clerk's Office, Division of Land Records, and shall bind the owner of the parking spaces and her/his heirs, successors and assigns to maintain the required number of spaces either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere in a location and a manner acceptable to the approving board.

[Amended 7-24-2019 by L.L. No. 14-2022]

Connection between abutting parking lots. Where appropriate, an approving board may require paved connections between abutting parking lots in different ownerships so as to facilitate the flow of traffic.

Enclosed facilities. Required parking areas constructed within or under any portion of a main building shall have an access driveway that does not at any point have a grade in excess of 10%.

Parking lot islands and landscaping. Unless specifically waived by an approving board, outdoor parking spaces shall be divided into subareas with raised and curbed landscaped islands separating each subarea so designed as to assure a smooth flow of traffic. Said islands shall be a minimum width of 10 feet and shall be suitably landscaped with trees, grass or other ground cover deemed appropriate by an approving board. In addition and unless specifically waived by an approving board, not more than 15 spaces in a single line shall be permitted without such a suitable landscaped curbed island.

Compact car parking spaces. In an OB District, where at least 50 off-street parking spaces are provided pursuant to the requirements of Subsection E of this section, up to 25% of the parking spaces may be designated and reserved for compact cars. Each compact car space shall be at least eight feet wide and 15 feet long, except that each compact car space shall be at least 17 feet long where no overhang is provided. The backup aisle between rows of compact car spaces shall be at least 20 feet wide. Compact car parking spaces shall be arranged in groups of at least five spaces and shall be identified by appropriate signage.

Parking ratios shall be as follows:

Use		Minimum Parking (spaces)
Residential and related uses
	One- or two-family residence	2 per dwelling unit
	Multifamily dwelling, except M-174 District and assisted senior citizen housing	1 for each studio or efficiency apartment; 1.5 for each 1-bedroom apartment; 2 for each 2-bedroom or larger apartment; plus an additional 0% of the total required spaces for visitor parking
	M-174 multifamily dwelling	1 for each studio or efficiency apartment; 1.25 for each 1-bedroom apartment; 1.5 for each 2-bedroom apartment; 2 for each 3-bedroom apartment or larger; of which 10% shall be deemed and set aside for visitor parking
	Publicly assisted senior citizen housing	1 for each 2 dwelling units
	Churches and places of worship	1 for each 4 seats
	Elementary or junior high school	1.25 for each staff member
	High school	1 for each staff member, plus 1 for each 5 seats in the largest assembly hall
	College or university	1 for each 200 square feet of gross floor area
	Day-care center, nursery school [Amended 10-8-1997 by L.L. No. 10-1997]	1 for each staff member, plus 1 for each facility vehicle, plus 1 for each 5 facility children or clients
	Museum, art gallery, library or cultural center	1 for each 300 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Golf, swimming or country club	1 for each 3 members
	Membership club, lodge	1 for each 5 members or 1 for each 4 seats in major assembly hall or meeting area, or for each 200 square feet of gross floor area, whichever is greater, plus an additional 5 for buildings of 5,000 square feet or less
	Community center	1 for each 300 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Cemetery	1 for each 300 square feet of gross floor area in an office, plus 1 for each 100 square feet of gross floor area in a chapel
	Hospital	1 for each 500 square feet of gross floor area
	Rest home, nursing home, residential health-care facility	1 for each 600 square feet of gross floor area
	Continuing Care Retirement Communities [Added 12-21-1999 by L.L. No. 7-2015]	0.75 per Independent Living Unit, plus 0.5 per Assisted Living Unit, plus 1 for each 600 square feet of gross floor area in an accessory skilled nursing facility
	Kennel, animal hospital	1.25 per employee or 1 for each 200 square feet of gross floor area, whichever is greater, plus an additional 5 for buildings of 5,000 square feet or less
	Agency group home	1 for each full-time staff member, plus 1 for each 3 residences
	Roomers and boarders	1 for each guest sleeping room, plus 2 for the dwelling unit
Commercial and office uses
	Professional office in a residence	3 per office or 2 for each professional maintaining office hours for consultation, whichever is greater, in addition to that required for the residential use
	Home occupation	2 in addition to that which is required for the residential use
	Office building other than medical or dental offices	1 for each 300 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Medical or dental clinics [Amended 8-17-2005 by L.L. No. 3-2005]	1 for each 200 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Agency for scientific research or technical development	1 for each 400 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Theater	1 for each 3 seats or 1 for each 75 square feet of gross floor area, whichever is greater, plus an additional 5 for buildings of 5,000 square feet or less
	Telephone exchange	1 for each 1,000 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Conference center	1 for each 4 seats in major assembly hall or meeting area, plus 1 for each 4 seats in classroom facilities
	Bank, post office	10, or 1 for each 100 square feet of gross floor area, or 3 for each teller, whichever is greater, plus an additional 5 for buildings of 5,000 square feet or less
	Hotel, motel or automobile court, except as specified for high-rise hotels in § 285-25A(4) of this chapter	1.25 per rental unit
	Retail sales, personal service establishment, and massage establishment [Amended 11-9-2015 by L.L. No. 14-2015]	1 for each 200 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Commercial garage	1 for each 100 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Restaurant	1 per 3 seats, or 1 for each 75 square feet of gross floor area, whichever is greater, plus an additional 5 for buildings of 5,000 square feet or less
	Quick-service or fast-food establishment, ice cream stand	1 for each 35 square feet of gross floor area
	Drinking establishment, cabaret	1 for each 1.5 persons permitted under maximum occupancy, or 1 for each 60 square feet of gross floor area, whichever is greater, plus an additional 5 for buildings of 5,000 square feet or less
	Bowling alley	5 per lane
	Indoor tennis facility	5 per court
	Health club and spa, fully enclosed commercial recreational facility, indoor skating rink	1 for each 200 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Public and quasi-public uses	1 for each 200 square feet of gross floor area, plus an additional 5 for buildings of 5,000 square feet or less
	Dry cleaning or hand laundry	1 for each 100 square feet of gross floor area
	Nursery, sale of agricultural products	1 for each 200 square feet of gross floor area
	Funeral home	1 for each 3 seats provided therein or 1 for each 60 square feet of space available for public use, whichever is greater
	Self-storage [Added 10-25-2017 by L.L. No. 5-2017]	10, or 1 for each 5,000 square feet of gross floor area, whichever is greater
	Microdistilleries/Microwineries [Added 5-23-2018 by L.L. No. 8-2022]	1 for each 75 square feet of gross floor area dedicated for public use. For areas not dedicated for public use, minimum parking requirements shall be consistent with the light manufacturing wholesale, storage and warehousing, or office standards established in § 285-38
Industrial and heavy commercial uses
	Light manufacturing uses	1 for each 500 square feet of gross floor area
	Wholesale, storage and warehousing	1 for each 1,000 square feet of gross floor area
	Printing plant	1 for each 300 square feet of gross floor area
	Car wash	10 for each washing bay
	Motor vehicle sales	10, or 1 for each 200 square feet of sales area, whichever is greater
	Gasoline service station [Amended 11-12-1997 by L.L. No. 11-1997]	1 for each 100 square feet of gross floor area used for automotive related uses with a minimum of 5 plus 1 for each 200 square feet for convenience store use, with a minimum of 6 spaces. Notwithstanding any other code provision, space used for fueling positions may be used in calculating parking requirements or convenience store use
	Outdoor industrial use (coal, coke, fuel oil, junk-yard, etc.)	10, or 1 for each 5,000 square feet of gross floor area, whichever is greater
Training facilities for professional athletic organizations [Added 10-2-2001 by L.L. No. 13-2001]		1 for each 1,000 square feet of gross floor area
	Adult-use cannabis retail recreational dispensaries and adult-use cannabis retail medical dispensaries [Added 12-14-2022 by L.L. No. 20-2022]	1 for each 200 square feet of publicly accessible gross floor area
	Adult-use cannabis commercial cultivation, adult-use cannabis distribution, adult-use cannabis nursery, and adult-use cannabis processor [Added 12-14-2022 by L.L. No. 20-2022]	1 for each 1,000 square feet of gross floor area
All other uses not mentioned or variations of above uses		Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Town Board and adopted as an amendment to this section.

Off-street loading. Required off-street loading berths, open or enclosed, are permitted as accessory to any use except one-family dwellings, subject to the following provisions:

Loading requirements. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements.

Size of spaces. Each required loading berth shall be at least 15 feet wide, 45 feet long and 14 feet high. Any additional loading unit lying alongside, contiguous to and not separated from such first loading unit need not be wider than 12 feet.

Location and access. Said loading may be provided in the principal building or in any side or rear yards. No off-street loading berth shall be located in any front yard. Unobstructed access, at least 15 feet wide, to and from a street shall be provided. In no case shall a loading unit bar access to any parking area or any parking space. Such access may be combined with access to a parking lot, provided that said driveway has a minimum width of 25 feet. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in § 285-38F(4).

[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]

Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.

Loading ratios shall be as follows:

	Square Feet of Gross Floor Area or Major Fraction Thereof in Thousands of Square Feet Unless Otherwise Noted
Facility	1st Berth	2nd Berth	Plus 1 Berth for Each
Office, research and development; Self-storage [Amended 10-25-2017 by L.L. No. 5-2017]	20	100	100
Retail, personal service, restaurants	5	15	25
Commercial recreation	10	100	100
Manufacturing, printing, wholesale distribution	5	20	40
Public institutional	10	50	50
Multifamily residential	10 (dwelling units)	50 (dwelling units)	50 (dwelling units)
Training facilities for professional athletic organizations [Added 10-2-2001 by L.L. No. 13-2001]	10	100	100

Reasonable and appropriate off-street loading requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Town Board and adopted as an amendment to this section.

Required landscaping.

All portions of improved multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading, permitted outdoor storage, sidewalks or similar purposes shall be appropriately landscaped with grass, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the character of the Town as a whole.

Landscape strips with a minimum width of 10 feet shall be provided along all property lines of multifamily and nonresidential uses except as required in § 285-40A(4) of this chapter. Landscape strips with a minimum width of five feet shall be provided between any additional parking spaces required by this chapter for home occupations and professional offices in residence and all property lines of such uses except as required in § 285-40A(4) of this chapter. Such landscape strips shall comply with the following minimum standards as well as all applicable requirements set forth elsewhere in this chapter:

Said landscape strips shall include evergreen planting and other landscaping of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity of the lot from the neighboring uses.

Unless specifically required elsewhere in this chapter, a wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required landscape strips.

Where the existing topography and/or existing landscaping provides adequate screening, the Planning Board may waive or modify the planting and/or landscape requirements of this chapter.

Maintenance. All fences, trees, plantings, shrubbery or other screening facilities required by direction of the Town Board, the Zoning Board of Appeals or the Planning Board as part of site plan approval or by the Zoning Ordinance shall be maintained or replaced at all times at least to the same quality required of said items at the time they were initially installed. In the event that said maintenance or replacement is not completed as required, the Building Inspector shall give 30 days' written notice by registered mail, addressed to the owner of record of such land at the address shown on the last preceding assessment roll. If said notice is not complied with, the Department of Public Works, upon direction of the Town Board, shall be authorized to make such maintenance or replacement.

Penalties. If, after said 30 days' notice, such fences, trees, plantings, shrubbery or other screenings are not erected, replaced, repaired or maintained by or on behalf of such owner, the Town Board may provide for the assessment of all costs and expenses so incurred by the Town, in connection with any action taken as above, against the land on which such screening facilities are located. The costs and expenses so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property.

§ 285-39 Lot and bulk requirements.

Minimum dwelling sizes.

Supplementary Zoning Map. There is hereby adopted and declared to be a part of this chapter the annexed map entitled "Supplementary Zoning Map Showing Minimum Livable Floor Area Required in Dwellings Within Various Districts," hereinafter referred to as the "Supplementary Zoning Map." Said Supplementary Zoning Map may be amended in the same manner as any other part of this chapter.[1]

Editor's Note: Said Map is on file in the office of the Town Clerk.

Application to one-family dwellings. No building permit or certificate of occupancy shall be issued with respect to the construction, alteration or occupancy of any one family dwelling located in a one-family residence district unless such dwelling contains the minimum livable floor area in square feet conforming to the number shown on such Supplementary Zoning Map for the district in which it is situated. No building permit or certificate of occupancy shall be issued with respect to the construction, alteration or occupancy of a one-family dwelling located in any district other than a one-family residence district unless such one-family dwelling contains a minimum livable floor area of 1,050 square feet. Such minimum livable floor area shall include all spaces defined as "floor area, livable" in this chapter.[2]

Editor's Note: See § 285-5.

Application to multifamily dwellings and other buildings. No building permit or certificate of occupancy shall be issued with respect to the construction, alteration or occupancy of any multifamily dwelling or any buildings, other than a one-family dwelling, containing a dwelling unit or dwelling units unless the livable floor areas of all dwelling units therein equals or exceeds 600 square feet, except that, in the case of studio apartments, the minimum livable floor area therein shall equal or exceed 450 square feet. In computing such livable floor area, the definition defining "floor area, livable" shall be applicable.

[Amended 7-8-1987 by L.L. No. 3-1987]

Angle of light.

Every room in which persons habitually live, sleep, eat, rest or work shall have a required window area equal to 12% of the floor area of such room, and from the inner edge of the lowest sill of such required windows there shall be an open, unobstructed angle of light of not less than 45º to the sky, measured between the zenith and the average level of the opposite wall of any court or over a line representing the maximum height to which the opposite wall of a building on an adjoining lot, or across a street, may be erected under this chapter; but towers, spires and similar projections which may exceed such maximum height shall be excluded in computing such angle of skylight. Other windows which do not meet such standard skylight shall be known as "extra windows" and shall not be included in computing such required window areas.

In a residence district, no wall of a room shall be a distance more than 26 feet, measured at right angles through unobstructed space, from the plane of such a required window, but this requirement shall not apply to foyers, halls, stairways, bathrooms, kitchenettes or other rooms customarily occupied only for short periods of time. In a nonresidential district, no portion of a room in which persons habitually work shall be more than 35 feet from such a required window, measured directly from such window without the intervention of any solid partitions or walls, but such prohibition shall not apply to partitions the upper portions of which are of clear glass extending to within four feet of the floor.

Where an area used for public assembly, personal service, merchandising, dining or any business or industrial operation is fully air conditioned to maintain a circulation of air and uniform temperature in accordance with the recommended practice of the American Society of Heating and Air-Conditioning Engineers, the requirements as to minimum distance from a required window or windows may be waived by the granting of a special permit by the Board of Appeals after report thereon by the Building Inspector.

This section shall not be applicable to a telephone exchange, provided that areas of human occupancy are fully air-conditioned to maintain a circulation of fresh air and uniform temperature in accordance with the recommendations of the American Society of Heating and Air-Conditioning Engineers.

Other lot requirements.

Obstruction to vision at street intersections. At all street intersections in all residence districts and in all other districts requiring a front yard of 15 feet or more, no obstructions to vision, including fences, exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street right-of-way boundary lines of such lot and a line drawn between points along such street right-of-way boundary lines 20 feet distant from their point of intersection.

[Amended 7-8-1987 by L.L. No. 3-1987]

Corner lots. On a corner lot, one yard other than the front yard, being the yard lying most opposite to the front yard, shall be deemed to be a rear yard, and the other or others shall be deemed to be side yards.

[Amended 7-8-1987 by L.L. No. 3-1987]

Through lots. On a through lot, the Building Inspector shall designate a front yard and a rear yard.

[Amended 7-8-1987 by L.L. No. 3-1987]

Courts. The minimum dimension of an inner court shall not be less than twice the average height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.

Lot for every building. Every principal building hereafter erected shall be located on a lot as defined herein, and except for multifamily and nonresidential buildings, there shall be no more than one principal building and its accessory structures and uses located on any one lot.

Yard for every building. No part of a yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or any other lot.

Lots under water or subject to flooding.

All lots underwater or subject to flooding shall be subject to the requirements for flood hazard areas as required in Chapter 220 of the Town Code.

In addition, no more than 10% of the minimum area requirement of a lot may be fulfilled by land which is underwater or subject to periodic flooding. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.

Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith.

Required street frontage.

[Amended 7-8-1987 by L.L. No. 3-1987; 10-11-1989 by L.L. No. 1-1989]

No building permit shall be issued for the establishment of any use or construction of any building or structure unless the lot upon which such use is to be established or such structure is to be built has frontage of at least 25 feet on a dedicated public street or on a street or highway which has been suitably improved to Town road standards, or a bond posted therefor, and unless the actual access to such use or such structure will be over such frontage.

No site plan shall be approved for the establishment of any use or construction of any building or structure unless the lot upon which such use is to be established or such structure is to be built has frontage of at least 25 feet on a dedicated public street or on a street or highway which has been suitably improved to Town road standards, or a bond posted therefor, and unless the actual access to such use or such structure will be over such frontage.

No subdivision shall be approved unless each lot has frontage of at least 25 feet on a dedicated public street or on a street or highway which has been suitably improved to Town road standards, or a bond posted therefor, and unless the actual access to each respective lot will be over such frontage.

The reasonable installation of new improvements to dedicated public streets that are not suitably improved to current Town road standards shall be required by the applicable approving office or agency as a condition of the issuance or granting of building permits, site plan approval or subdivision approval. Access strips to flag lots shall not exceed 300 feet in length or be less than 25 feet in width throughout their entire length and shall not be included in any calculation for minimum lot area.

Flag lots. No flag lots shall be permitted unless they meet the following standards:

[Added 10-11-1989 by L.L. No. 1-1989]

The minimum lot area of flag lots, exclusive of the access strip, shall be twice the minimum lot area otherwise required.

Driveways to flag lots shall not exceed 10% in grade.

Driveways to flag lots shall not be less than 15 feet in width.

Only one flag lot per subdivision plat shall be permitted.

No flag lots shall be permitted on subdivision plats of four lots or more.

Flag lots shall be prohibited on interstates, parkways, state roads, county roads and the following heavily used Town roads:

	Road
	Ardsley Road
	Benedict Avenue
	Chatterton Parkway
	Fort Hill Road
	Hartsdale Road
	Hillcrest Road
	Juniper Hill Road
	Manhattan Avenue
	Old Army Road
	Old Kensico Road
	Old Knollwood Road
	Old Tarrytown Road
	Payne Street
	Peter Bont Road
	Ridge Road
	Secor Road
	Sprain Road
	Sprain Valley Road
	Stadium Road
	Taxter Road
	Underhill Road
	Worthington Road

Flag lots shall only be permitted for single-family dwellings.

This subsection shall not apply to flag lots created prior to January 1, 1929.

This subsection shall not apply to flag lots created by legal subdivision plat filed prior to the effective date of this subsection.

This subsection shall not apply to flag lots created by legal subdivision plat pursuant to subdivision applications received in and stamped by the Department of Community Development and Conservation on or before March 9, 1988.

This subsection shall not apply to flag lots for which a special permit was granted by the Town Board pursuant to an interim local law.

Floor area ratio standards for one-family dwellings in residential districts. In order to ensure the orderly and harmonious development of the Town, to preserve neighborhood character by requiring houses to appear to be of the same or similar scale to other dwellings in the neighborhood; to minimize negative visual impacts and diminution of open space; and to not unduly tax local services, the Town hereby establishes maximum floor area ratio (FAR) standards for one-family dwellings in residential districts.

[Added 6-11-2003 by L.L. No. 5-2003]

Affected zoning districts. The floor area ratio limitations set forth in this subsection apply to one-family dwellings in the following zoning districts: R-40, R-30, R-20, R-15, R-10, R-7.5, R-5.

Floor area ratio limitations.

The floor area ratio limitations are as follows:

Minimum Lot Size (square feet)	But less than (square feet)	Maximum FAR	Maximum Floor Area (square feet)
5,000	5,500	0.45000	2,250
5,500	6,000	0.43000	2,365
6,000	6,500	0.41000	2,460
6,500	7,000	0.39000	2,535
7,000	7,500	0.37000	2,590
7,500	8,000	0.35000	2,625
8,000	8,500	0.34500	2,760
8,500	9,000	0.34000	2,890
9,000	9,500	0.33500	3,015
9,500	10,000	0.33000	3,135
10,000	10,500	0.32500	3,250
10,500	11,000	0.32000	3,360
11,000	11,500	0.31500	3,465
11,500	12,000	0.31000	3,565
12,000	12,500	0.30500	3,660
12,500	13,000	0.30000	3,750
13,000	13,500	0.29500	3,835
13,500	14,000	0.29000	3,915
14,000	14,500	0.28500	3,990
14,500	15,000	0.28000	4,060
15,000	15,500	0.27500	4,125
15,500	16,000	0.27250	4,224
16,000	16,500	0.27000	4,320
16,500	17,000	0.26750	4,414
17,000	17,500	0.26500	4,505
17,500	18,000	0.26250	4,594
18,000	18,500	0.26000	4,680
18,500	19,000	0.25750	4,764
19,000	19,500	0.25500	4,845
19,500	20,000	0.25250	4,924
20,000	20,500	0.25000	5,000
20,500	21,000	0.24750	5,074
21,000	21,500	0.24500	5,145
21,500	22,000	0.24250	5,214
22,000	22,500	0.24000	5,280
22,500	23,000	0.23750	5,344
23,000	23,500	0.23500	5,405
23,500	24,000	0.23250	5,464
24,000	24,500	0.23000	5,520
24,500	25,000	0.22750	5,574
25,000	25,500	0.22500	5,625
25,500	26,000	0.22250	5,674
26,000	26,500	0.22000	5,720
26,500	27,000	0.21750	5,764
27,000	27,500	0.21500	5,805
27,500	28,000	0.21250	5,844
28,000	28,500	0.21000	5,880
28,500	29,000	0.20750	5,914
29,000	29,500	0.20500	5,945
29,500	30,000	0.20250	5,974
30,000	30,500	0.20000	6,000
30,500	31,000	0.19875	6,062
31,000	31,500	0.19750	6,123
31,500	32,000	0.19625	6,182
32,000	32,500	0.19500	6,240
32,500	33,000	0.19375	6,297
33,000	33,500	0.19250	6,353
33,500	34,000	0.19125	6,407
34,000	34,500	0.19000	6,460
34,500	35,000	0.18875	6,512
35,000	35,500	0.18750	6,563
35,500	36,000	0.18625	6,612
36,000	36,500	0.18500	6,660
36,500	37,000	0.18375	6,707
37,000	37,500	0.18250	6,753
37,500	38,000	0.18125	6,797
38,000	38,500	0.18000	6,840
38,500	39,000	0.17875	6,882
39,000	39,500	0.17750	6,923
39,500	40,000	0.17625	6,962
40,000	40,500	0.17500	7,000
40,500	41,000	0.17450	7,067
41,000	41,500	0.17400	7,134
41,500	42,000	0.17350	7,200
42,000	42,500	0.17300	7,266
42,500	43,000	0.17250	7,331
43,000	43,500	0.17200	7,396
43,500	44,000	0.17150	7,460
44,000	44,500	0.17100	7,524
44,500	45,000	0.17050	7,587
45,000	45,500	0.17000	7,650
45,500	46,000	0.16950	7,712
46,000	46,500	0.16900	7,774
46,500	47,000	0.16850	7,835
47,000	47,500	0.16800	7,896
47,500	48,000	0.16750	7,956
48,000	48,500	0.16700	8,016
48,500	49,000	0.16650	8,075
49,000	49,500	0.16600	8,134
49,500	50,000	0.16550	8,192
50,000	50,500	0.16500	8,250
50,500	51,000	0.16450	8,307
51,000	51,500	0.16400	8,364
51,500	52,000	0.16350	8,420
52,000	52,500	0.16300	8,476
52,500	53,000	0.16250	8,531
53,000	53,500	0.16200	8,586
53,500	54,000	0.16150	8,640
54,000	54,500	0.16100	8,694
54,500	55,000	0.16050	8,747
55,000	55,500	0.16000	8,800
55,500	56,000	0.15950	8,852
56,000	56,500	0.15900	8,904
56,500	57,000	0.15850	8,955
57,000	57,500	0.15800	9,006
57,500	58,000	0.15750	9,056
58,000	58,500	0.15700	9,106
58,500	59,000	0.15650	9,155
59,000	59,500	0.15600	9,204
59,500	60,000	0.15550	9,252
60,000	60,500	0.15500	9,300
60,500	61,000	0.15450	9,347
61,000	61,500	0.15400	9,394
61,500	62,000	0.15350	9,440
62,000	62,500	0.15300	9,486
62,500	63,000	0.15250	9,531
63,000	63,500	0.15200	9,576
63,500	64,000	0.15150	9,620
64,000	64,500	0.15100	9,664
64,500	65,000	0.15050	9,707
65,000	65,500	0.15000	9,750
65,500	66,000	0.14950	9,792
66,000	66,500	0.14900	9,834
66,500	67,000	0.14850	9,875
67,000	67,500	0.14800	9,916
67,500	68,000	0.14750	9,956
68,000	68,500	0.14700	9,996
68,500	69,000	0.14650	10,035
69,000	69,500	0.14600	10,074
69,500	70,000	0.14550	10,112
70,000	70,500	0.14500	10,150
70,500	71,000	0.14450	10,187
71,000	71,500	0.14400	10,224
71,500	72,000	0.14350	10,260
72,000	72,500	0.14300	10,296
72,500	73,000	0.14250	10,331
73,000	73,500	0.14200	10,366
73,500	74,000	0.14150	10,400
74,000	74,500	0.14100	10,434
74,500	75,000	0.14050	10,467
75,000	75,500	0.14000	10,500
75,500	76,000	0.13950	10,532
76,000	76,500	0.13900	10,564
76,500	77,000	0.13850	10,595
77,000	77,500	0.13800	10,626
77,500	78,000	0.13750	10,656
78,000	78,500	0.13700	10,686
78,500	79,000	0.13650	10,715
79,000	79,500	0.13600	10,744
79,500	80,000	0.13550	10,772
80,000	80,500	0.13500	10,800
80,500	81,000	0.13450	10,827
81,000	81,500	0.13400	10,854
81,500	82,000	0.13350	10,880
82,000	82,500	0.13300	10,906
82,500	83,000	0.13250	10,931
83,000	83,500	0.13200	10,956
83,500	84,000	0.13150	10,980
84,000	84,500	0.13100	11,004
84,500	85,000	0.13050	11,027
85,000	85,500	0.13000	11,050
85,500	86,000	0.12950	11,072
86,000	86,500	0.12900	11,094
86,500	87,000	0.12850	11,115
87,000	87,500	0.12800	11,136
87,500	88,000	0.12750	11,156
88,000	88,500	0.12700	11,176
88,500	89,000	0.12650	11,195
89,000	89,500	0.12600	11,214
89,500	90,000	0.12550	11,232
90,000	90,500	0.12500	11,250
90,500	91,000	0.12450	11,267
91,000	91,500	0.12400	11,284
91,500	92,000	0.12350	11,300
92,000	92,500	0.12300	11,316
92,500	93,000	0.12250	11,331
93,000	93,500	0.12200	11,346
93,500	94,000	0.12150	11,360
94,000	94,500	0.12100	11,374
94,500	95,000	0.12050	11,387
95,000	95,500	0.12000	11,400
95,500	96,000	0.11950	11,412
96,000	96,500	0.11900	11,424
96,500	97,000	0.11850	11,435
97,000	97,500	0.11800	11,446
97,500	98,000	0.11750	11,456
98,000	98,500	0.11700	11,466
98,500	99,000	0.11650	11,475
99,000	99,500	0.11600	11,484
99,500	100,000	0.11550	11,492
100,000	-	0.11500	11,500

For a parcel greater than 100,000 square feet in size, a special permit shall be required from the Planning Board if the proposed residential floor area for a one-family dwelling exceeds 11,500 square feet.

Standards for a special permit.

General standards. The Planning Board shall review the proposed dwelling in the context of its location and size on the lot, the size of the lot in relation to the dwelling and the location of the lot with respect to streets giving access to it, to ensure that the proposed dwelling will be in harmony with the appropriate and orderly development of the neighborhood in which it is located.

Specific standards. In reviewing such special permit applications, the Planning Board shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements of this or other applicable codes and will ensure the following:

The location, nature and height of the proposed dwelling and any walls and fences, and the nature and extent of existing or proposed buffer screening areas on the site, are such that the special permit use will not hinder or discourage the appropriate development and use of adjacent land and buildings;

The proposed dwelling shall be so located on the lot involved that it shall not impair the use, enjoyment and value of adjacent residential properties; and

The proposed dwelling will not create any adverse visual impacts to surrounding or adjoining properties and structures thereon.

Limitations on development of property affected by steep slopes and wetlands.

[Added 6-11-2003 by L.L. No. 6-2003]

Findings and legislative intent. It is the intent of this section to further the goals of Chapter 280,[3] and new Chapter 245 [4] as enacted in 2003. The following density calculations, by limiting development on parcels affected by environmentally sensitive features, are intended to protect these features and to prevent improper damage to and alteration of steep slopes, wetlands and watercourses. It is not the intention of this subsection to render presently conforming lots nonconforming; rather, the calculation of buildable area set forth herein is intended to limit the area of such lots which can be developed if environmentally sensitive features are present thereon.

Editor's Note: See Ch. 280, Wetlands and Watercourses.

Editor's Note: See Ch. 245, Steep Slopes, Protection of.

Calculation. In calculating buildable area, the lot area of a given parcel shall be reduced by the sum of:

The area classified as steep slopes multiplied by 20%;

The area classified as very steep slopes multiplied by 50%;

The area classified as excessively steep slopes multiplied by 75%; and

The area classified as wetlands and watercourses multiplied by 75%.

Density calculations for multifamily districts. In multifamily districts, the number of dwelling units permitted shall be calculated by dividing the buildable area by the minimum square footage per unit requirement set forth in the multifamily district in which the proposed development is located.

§ 285-40 Exceptions and modifications.

Use.

Nothing in this chapter shall be deemed to prohibit the following accessory and incidental uses, in addition to those specified elsewhere in this chapter.

Customary recreational, refreshment and service uses and buildings in any public park, public playground or other public recreational area where such use or buildings are incidental to the recreational use of such area.

The dumping or depositing of earth or rock as fill in quantities measuring less than 100 cubic yards, provided that such activity does not detrimentally impact the drainage on adjacent parcels. Any fill operation involving 100 cubic yards, or more, of new fill consisting of earth or rock, or of other types of fill in any quantity, shall be subject to a permit issued by the Town Engineer upon a showing by the applicant, by competent evidence, that the proposal to deposit fill will not create an adverse environmental or aesthetic impact, after completion of the work, that is inconsistent with the surrounding environment.

[Amended 10-27-1999 by L.L. No. 7-1999]

As a condition of any permit the Town Engineer may require:

Restoration and/or landscaping upon completion.

Completion within a definite, specific time period.

A cash deposit or letter of credit to insure completion and compliance with all applicable laws, rules and regulations.

[d]

A description of the type and nature of material proposed to be used.

[e]

Documentation regarding the source of the material.

[f]

Water sampling.

[g]

A topographic map of the site showing both existing and proposed grades.

[h]

A plan for rodent, pest and/or insect control.

[i]

Any other conditions reasonably related to the proposal and intended to preserve, protect and promote the health, safety and welfare of the community.

In addition to any permit condition, the applicant shall pay an application fee and, if issued a permit, a reasonable inspection fee calculated to reflect the actual cost of monitoring compliance with this section and any other applicable law rule or regulation.

Permit procedure. When a permit is required to dump or deposit fill pursuant to § 285-40A(1)(b), the applicant shall file an application on a form promulgated by the Town Engineer, together with such additional materials, set forth in § 285-40A(1)(b)[a] through [i], as the Town Engineer may require, and any application fee which may be established by the Town Board. When the Town Engineer makes a determination that a fill application has been made and the application is suitable for approval, letters shall be sent to all property owners within 100 feet of the site to be filled and to the Town Board, informing the neighbors of the proposed action and requesting that any comments or objections be forwarded to the Town Engineer within seven calendar days. At the conclusion of this comment period, the Town Engineer will render a decision on the application. If the decision is to issue a permit, such decision may include conditions designed to mitigate concerns expressed by interested parties during the comment period. The Town Engineer may extend the comment period at his discretion if new issues affect the proposal. After a final decision has been made by the Town Engineer regarding a fill permit, notification of such decision will be made to all parties who have commented. If no comments or objections have been received, the decision on the permit shall be effective immediately. If the Town Engineer receives comments or objections from adjacent or nearby property owners, the decision or permit shall not be effective until at least 10 days after the decision has been sent to the parties receiving notice hereunder. Any person aggrieved or affected by the decision of the Town Engineer shall have the right, within 10 calendar days of the decision, to appeal the decision to the Town Board. If no appeal is made within the ten-day period, the decision on the permit shall be effective immediately. If the decision is appealed to the Town Board, the decision shall be stayed until the Town Board has reached a decision.

[Added 10-27-1999 by L.L. No. 7-1999]

The Town Attorney is hereby authorized to apply for a court order seeking injunctive relief against any dumping or land fill activity, regardless of size, upon showing a violation of any local, state or federal rule, regulation or law.

[Added 10-27-1999 by L.L. No. 7-1999]

Notwithstanding any other provision of law and regardless of size, where any landfill is located in a residential zone, deliveries to the site and the operation of any machinery in connection with the landfill before 9:00 a.m. are prohibited.

[Added 10-27-1999 by L.L. No. 7-1999]

Regardless of size, the Town Engineer may require either the property owner or the operator of any fill site to institute a plan for rodent, pest or insect control, as circumstances warrant.

[Added 10-27-1999 by L.L. No. 7-1999]

In accordance with 6 NYCRR 217-3.2, no diesel engine used to power or operate any machinery used in connection with any land fill operation, regardless of size, shall idle for more than five consecutive minutes when the machinery is not in motion, unless otherwise permitted by law.

[Added 10-27-1999 by L.L. No. 7-1999]

The following requirements shall apply to each corner lot situated in a nonresidential district when such lot abuts at the street line upon a residence district lying within a distance of 200 feet from the corner of such lot:

Along the side of such corner lot abutting upon a residence district, there shall be a side yard, the width of which shall be not less than 50% of the depth of the required front yard of the adjoining residence district.

The rear of any business or industrial building or structure erected on such corner lot shall be not less than 50 feet from its rear lot line separating such lot from the adjoining property in a residence district.

The Town Board may grant, pursuant to the provisions of § 285-10A(4) of this chapter, a special permit for the construction of steel towers not in excess of 150 feet in height on any real property owned or leased by a public utility company or over which it has an easement for the purpose of transmission lines of such utility company; provided, however, that no such special permit shall be granted until the Town Board shall have received from the Planning Board a report and recommendation with respect to the size, design, construction and number of such steel towers.

Where a lot lying in a nonresidential district extends from a street frontage lying in a nonresidential district back to a street the other side of which lies in a one-family residence district (which street shall be hereinafter referred to as a "residential street"), no business or industrial building or structures shall be constructed or erected on such lot so as to front upon such residential street. Within such lot lying in a nonresidential district and fronting along such residential street, there shall be a suitably landscaped strip containing a shrubbery screen, which strip shall be not less than 15 feet in width unless a larger minimum width is specified elsewhere in this chapter. Said buffer shall comply with all the requirements for a landscaped strip and shrubbery screen as set forth in § 285-38 of this chapter. Where the elevation of the residential street is 10 or more feet above that of the other street on which a business or industrial use may front, a dwelling to the rear of or above such permitted business or industrial use, to the extent otherwise permitted under this chapter, may front upon such residential street, provided that:

[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]

Such dwelling shall be set back from and thus provide a front yard facing upon such residential street equal in depth to the front yard required for one-family dwellings on the opposite side of such residential street.

Parking space required for such residential use may be within such required setback area, or in a side yard appurtenant thereto, or within an off-street parking area adjacent to that provided for such business or industrial use, provided that there is a suitably landscaped strip containing a shrubbery screen both along the residential street frontage as required above and along any side lot line as required in § 285-38C(3) of this chapter.

The height of any residential portion of any building or structure above the grade of the residential street shall not exceed that permitted for one-family dwellings on the opposite side of such residential street.

If the side lot line or rear lot line of any lot lying in a business or industrial district adjoins a residence district, such lot shall not be used for any purpose unless there is provided for, along such side lot line or rear lot line, a landscaped strip of at least 10 feet in width containing a shrubbery screen as required in § 285-38 of this chapter.

Height.

Towers, gables, scenery lofts, cupolas, water tanks and similar structures and necessary mechanical appurtenances may be erected on the roof of a building to a height greater than the limit for the district in which such building is located, provided that:

[Amended 11-9-1994 by L.L. No. 9-1994]

The aggregate of such structures and appurtenances shall not cover at any level more than 15% of the area of the roof on which they are located, except that for offices or agencies for scientific research or technical development, or for laboratories, the aggregate of such structures and appurtenances shall not cover more than 80% of the area of the roof on which they are located.

No such structures or appurtenances shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted use of the principal building or as may be permitted for antenna installations in § 285-37.

[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]

No such structure or appurtenances shall extend more than 15 feet above the roof without the approval of the Zoning Board of Appeals, except that, for offices or agencies for scientific research or technical development or for laboratories, such structures shall not extend more than 30 feet above the roof without the approval of said Board.

Such structures or appurtenances shall be arranged on the roof in such manner as to minimize the number of separate locations to the greatest extent practicable and shall be screened from view in such manner as deemed appropriate by the approving board.

The height limitation of this chapter shall not apply to parapet walls three feet or less, chimneys, church spires, belfries, solar panels, standpipes, water towers, electric and telephone utility poles, flagpoles or monuments. Antenna(s) height shall conform to § 285-37.

[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]

In any district, a public or quasi-public building, school, church, hospital or other institutional building permitted in such district may be erected to a height not exceeding 75 feet, provided that the front, rear and side yards of the lot or parcel on which it is situated shall each be increased one foot for each one foot by which such building exceeds the height limit established in the schedule for such district.

Unless otherwise specified, the height of any accessory building or structure shall not be greater than 12 feet.

[Amended 7-8-1987 by L.L. No. 3-1987]

In the M-6, M-10, M-14, M-22, M-25 and M-174 Multifamily Residence Districts, the Town Board, by special permit, may allow an increase of one additional story above the maximum number of stories otherwise allowed, provided that the following criteria are met:

The maximum height of the buildings in feet shall not exceed the maximum height in feet otherwise allowed for the district.

The maximum amount of coverage allowed shall be reduced by an amount to be determined by the Town Board and to be made a condition of the special permit.

The rooflines, facade and other design elements of the buildings shall be in character with the surroundings and shall emphasize the residential nature of the buildings.

The visual impact of the buildings shall not be detrimental to the community, particularly in relation to scenic vistas, ridgelines and hillsides.

Lot and yards.

The following features may extend into any required front yard, not to exceed the distance specified:

Cornices, canopies, eaves or any similar features, none of which is less than 10 feet above grade: three feet.

A deck with its floor level no higher than that of the entrance to the building: five feet. A railing no higher than three feet may be placed around such deck.

[Amended 7-8-1987 by L.L. No. 3-1987]

A chimney: two feet.

Chimney-mounted and wall-mounted antenna where permitted in § 285-37: two feet.

[Added 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]

The above-listed features may also extend into any required side or rear yard the same distance that they are herein permitted to extend into any required front yard, and an outside stairway or fire escape may extend into any required side or rear yard, except that no deck or outside stairway or fire escape shall project more than four feet into any required side yard nor be closer than five feet to any side lot line, and an outside stairway or fire escape may extend into any required side yard only if the same is unroofed and unenclosed above and below the steps thereof.

[Amended 7-8-1987 by L.L. No. 3-1987]

If there are buildings fronting on the same side of the street between intersecting streets and within 200 feet on either or both sides of the lot for which a building permit for a new building is sought, the depth of the front yard required for such new building shall be the average depth of the front yards of the two buildings nearest to it, except that no front yard need be greater than the applicable front yard in the district in which such new building is situated.

If any accessory building is attached to the principal building, except by a breezeway or roofed passageway with open or latticed sides, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

Except as provided elsewhere in this chapter, the yard requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, provided that in any one-family residence district, no fence or wall shall exceed six feet in height in any front or side yard nor eight feet in height in any rear yard.

[Amended 7-8-1987 by L.L. No. 3-1987]

Any parcel of land having access to a street shown on the Official Map of the Town and having an area or frontage width less than that prescribed for the district in which such parcel is situated may be used as a lot for any purpose permitted in such district, provided that all of the following requirements are met:

Such parcel has an area of at least 50% of the area and a frontage width of at least 50% of the frontage width required for the district.

Such parcel was under one ownership at the time of the effective date of this chapter and the owner thereof at that time did not then own and has at no time since then owned any land adjoining such parcel.

Each owner of such parcel subsequent to the effective date of this chapter has not, subsequent to said effective date, owned any land adjoining such parcel.

Such parcel was not at any time reduced in area or width by any voluntary act of an owner thereof so as to be nonconforming as to size under the then existing Zoning Ordinance of the Town.

All requirements of this chapter other than those concerning lot area and yards are fulfilled. Such requirement may be varied or modified by a variance duly applied for and granted by the Board of Appeals pursuant to the provisions of Article VII of this chapter on the ground of practical difficulties or unnecessary hardship, in which case all the terms and conditions set forth in such variance shall be complied with. In considering an application for a variance hereunder, the Board of Appeals shall be guided by the following principles for purposes of determining minimum sizes of yards and accessory uses:

Front yard depth of such parcel shall approximate the average depth of front yards of lots lying on the same side of the street on which such parcel fronts or should be not less than 20% of the average depth of such parcel.

Side yards of the parcel may be reduced proportionately in accordance with the ratio which the actual width of such parcel bears to the minimum lot width required under the schedule, except that in any event one side yard with a minimum width of eight feet shall be provided to afford access to the rear yard, and the other side yard may be reduced accordingly, but it shall not be less than four feet in width.

The rear yard of the parcel should approximate 25% of the average depth of such parcel and be not less than 20 feet in any event.

No accessory buildings shall be permitted on a parcel having less than the required minimum area, but accessory uses may be provided for in the principal building.

When the rear yard of a corner lot lying in any one-family residence district adjoins the front yard of a lot to the rear thereof lying in a one-family residence district (which rear lot shall be hereafter referred to as the "rear lot"), any accessory building on such corner lot if not attached to the principal building shall not be nearer to the street line on the street which the rear lot faces than twice the minimum distance of the front yard setback in the adjacent residential district.

A parcel of land existing at the time of the effective date of this chapter and lacking the required lot width as specified for the district in which such parcel is situated may be used for the construction or erection of a one-family dwelling, provided that all of the following requirements are met:

[Amended 7-8-1987 by L.L. No. 3-1987]

Such parcel is situated in a residence district or a business district, and a one-family dwelling is permitted in the district in which such parcel is situated.

It shall have access to a street, which access shall not exceed 300 feet in length or be less than 25 feet in width throughout its entire length.

The area of such parcel, excluding the land lying within any access strip, shall not be less than that specified for the district in which such parcel is situated.

The maximum coverage of land by buildings, excluding the land lying within any access strip, shall not be more than that specified for the district in which such parcel is situated.

The minimum width and depth of any front or rear yard and the minimum width of any side yard, measured in every case from the nearest points of such one-family dwelling to the nearest points on any front, side or rear lot line, exclusive of any land lying in any easement of access, shall not be less than the respective minimum yard dimensions set forth in the district in which such parcel is situated.

The minimum distances from the nearest point of any accessory building or off-street parking area to any principal building and lot line, as set forth in the district in which such parcel is situated, shall be complied with.

All other requirements set forth in the schedule with respect to such one-family dwelling in such district are complied with.

Such parcel was not at any time reduced in area or width by any voluntary act of an owner thereof so as to be nonconforming as to size under the then existing Zoning Ordinance of the Town.

Slope.

For lots created prior to January 1, 1987, where the natural slope of the ground of a lot, as shown by the contours of a topographic survey submitted with an application for site plan approval or building permit, measured from the front lot line to the midpoint of the lot or to the rear lot line, whichever yields the greater slope, exceeds a grade of one foot in six feet, the required front yard for such lot as set forth in the schedule may be reduced as follows:

[Amended 7-8-1987 by L.L. No. 3-1987]

Where the slope exceeds one foot in three feet, the required front yard may be reduced to not more than 1/2 thereof.

Where the slope exceeds one foot in four feet but is less than one foot in three feet, the required front yard may be reduced to not more than 1/3 thereof.

Where the slope exceeds one foot in five feet but is less than one foot in four feet, the required front yard may be reduced to not more than 1/4 thereof.

Where the slope exceeds one foot in six feet but is less than one foot in five feet, the required front yard may be reduced to not more than 1/5 thereof.

Where the natural slope of the ground of a lot, as shown by the contours of a topographical map submitted with an application for site plan approval or building permit, measured from one side lot line to the other or from one side lot line to the midpoint of such lot, whichever yields the greater slope, exceeds a grade of one foot in four feet, one required side yard may be reduced to not more than 1/3 thereof, provided that such reduction shall not impair the minimum angle of light required in § 285-39B of this chapter, and provided that the other side yard is increased accordingly.

The Town Board may grant a special permit to property owners who, at the Town's request, transfer land to the New York State Department of Transportation, the Town or any other governmental agency or municipality for highway-widening purposes when such owner has waived all rights to compensation therefor, said special permit providing that specified setback, density and other similar bulk and location zoning requirements shall be calculated as if the transferred land had been retained. This provision shall apply to pending and to previously approved site plans. No special permit shall be granted unless the following findings are made by the Town Board concerning the particular application:

[Added 7-8-1987 by L.L. No. 3-1987]

That, at the Town's request, the owner has transferred or has offered to transfer land to the New York State Department of Transportation, the Town or any other governmental agency or municipality for highway-widening purposes.

That such transfer is for a public purpose and is in the public interest.

§ 285-41 Supplementary multifamily housing regulations.

That such owner has waived all rights to compensation with respect to the land transferred or to be transferred.

[Added 7-8-1987 by L.L. No. 3-1987; amended 9-11-1996 by L.L. No. 9-1996]

Applicability; purposes.

[Amended 12-18-2008 by L.L. No. 8-2008; 9-27-2017 by L.L. No. 4-2017]

This section shall apply to all new multifamily developments in the following districts: M-6, M-10, M-14, M-22, M-25 and M-SH-62. This section shall also apply to all new multifamily developments in the M-174, CA, and UR districts, substituting the term "workforce" for "affordable."

This section shall not apply to any multifamily development which has received site plan approval prior to the effective date of Local Law No. 9-1996.

It is the purpose of this section to improve the public welfare by requiring the construction, in new multifamily housing developments, of affordable housing units comprising 10% of the total number of units for persons meeting the income criteria as set forth in the definition of "affordable housing," § 285-5.

Parks, open space and natural features.

All new multifamily dwelling units, with the exception of affordable housing units, as defined in Town Zoning Code § 285-5, shall be subject to Town Code § 250-19, Parks, open space and natural features.

Affordable housing.

All multifamily housing developments shall provide for the following affordable housing:

Ten percent of all units in new multifamily housing developments shall meet the definition of "affordable housing" as set forth in § 285-5 of this chapter.

Affordable units shall generally be distributed evenly throughout the development, though the Planning Board may use discretion in reviewing and approving distribution.

The exterior appearance of affordable units shall not distinguish them as a class from other units.

The developer and or the rental agent, condominium or cooperative board, as appropriate, shall annually certify to the satisfaction of the Town Board that the requisite number of rental affordable units have been assigned to income eligible tenants and that any new tenants of affordable units meet the income guidelines in effect when said new tenants take occupancy. Annual certifications shall include unit designations and occupant names and shall be signed by the owner or president of the cooperative or condominium board, as appropriate, and a certified public accountant.

For-sale affordable housing units shall not be resold for more than the amount that, at the then-prevailing interest rates, will result in a unit cost meeting the affordable standards set herein. For purposes of calculating affordability, payment of principal and interest shall be calculated on 90% of the sale amount. All resales shall be to buyers qualified by the condominium or cooperative board, as appropriate, to the Town Board or its designee.

The Town Board may designate such additional person(s), authorities and procedures as necessary to monitor compliance with the provisions of this section.

At the discretion of the Town Board and upon showing of good cause, affordable housing requirements for special populations may be waived. Said populations shall include the handicapped, infirm or seniors when such housing is independent-living, congregate-care or nursing-home or such other housing for special populations that the Town Board recognizes.

When a multifamily development contains 20% or more affordable units, the Town Board, Planning Board and/or Zoning Board may:

Waive certain application fees for applicants proposing to build affordable housing units in the Town of Greenburgh;

Consider increased zoning densities in multifamily zones up to but not to exceed 10% of otherwise allowable housing units;

Consider such other forms of assistance which may be under the control of the Town; and