If any regulations contradict, the stricter regulation shall prevail throughout this chapter.
A. 
In all zones, the following uses are not permitted: junkyards; machinery wrecking yards; landfills, smelters; blast furnaces; slaughterhouses; rendering plants; hide tanning or curing plants; manufacturing or processing of fertilizer, bone, rubber, asphalt, ammonia, or chlorine; manufacture or refining of petroleum, gas, or explosives; bulk storage of explosives; dumps.
B. 
A municipally operated sanitary landfill is exempt from this section.
Any yard adjoining a street shall be considered a front yard for the purpose of this chapter. If a lot adjoins two or more streets, the yard that faces the street used in the property address shall be considered the front yard.
The burying of refuse and waste material for landfill is prohibited. The creation or existence of a Dump is also prohibited within the Village.
It shall be unlawful for any person to park a manufactured home on any public or private property within the Village except in accordance with the provisions contained in this chapter.
A. 
Pursuant to New York State Executive Law Article 21-B, Title 2, a manufactured home that is affixed to a permanent foundation and conforms with the identical development specifications and standards, including general aesthetics and architectural standards, applicable to conventional site-built one-family dwellings in the district in which the manufactured home is to be sited and upon compliance with such standards will be a one-family dwelling for all areas within the Village when such residences are to be permitted.
B. 
Without being in compliance with the requirements contained in Subsection A as noted above, the manufactured home is only allowable within a manufactured home park as established pursuant to § 201-530 of this chapter.
C. 
Within any manufactured home sales lot that is otherwise duly permitted to offer manufactured homes for sale to the public.
A. 
All manufactured homes shall be in compliance with standards equal to or more stringent than the U.S. Department of Housing and Urban Development (HUD) Manufactured Mobile Home Construction and Safety Standards, 24 CFR 3280 (1976). The applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the mobile home by the manufacturer stating that the home is in compliance with such standards shall be presumptive evidence that the construction of a manufactured home is in compliance with such standards.
B. 
Manufactured homes may be permitted in any zone of the Village in which residential homes are permitted as long as such manufactured home is affixed to a permanent foundation and otherwise conforms with the requirements for residential developments within the lot in question. In other words, the manufactured home must be affixed to a permanent foundation and conform with the identical development specifications and standards, including general aesthetic and architectural standards, applicable to conventional site-built one-family dwellings in the district in which the manufactured home is being proposed.
Manufactured home parks shall comply with the following:
A. 
Manufactured home parks shall be at least five acres in area and shall provide for individual manufactured home sites, access driveways and parking.
B. 
Each manufactured home site shall be at least 9,000 square feet in area, and at least 70 feet wide by at least 125 feet in depth, and shall front onto an access driveway.
C. 
All access driveways within a manufactured home park must have a gravel surface at least 20 feet wide and 12 inches in depth of compacted gravel.
D. 
Each manufactured home site shall have a water supply source approved by the New York State Department of Health.
E. 
Each manufactured home site shall have a sewage disposal system in compliance with State Department of Health regulations.
F. 
No manufactured home site or service building shall be closer to a public street line than 50 feet, nor closer to a property line than 30 feet.
G. 
A buffer strip at least 25 feet wide shall be maintained as a landscaped area abutting all manufactured home park property lines.
H. 
No additions shall be made to a manufactured home except a canopy and/or porch open on three sides, or an addition made by the manufactured home manufacturer.
A. 
The Village of Lowville plans to utilize accessory dwelling units as a progressive means to address the housing shortage. Accessory dwelling units may be permissible when conditions match the intent and standards outlined in this section.
(1) 
The purpose and intent for accessory dwelling units is to allow in certain situations to:
(a) 
Provide an additional long-term housing solution at minimal costs by the use of existing housing stock and infrastructure.
(b) 
Provide housing that responds to changing family needs, smaller households, and increasing housing costs.
(c) 
Provide older homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortable in homes and neighborhoods longer.
(d) 
Provide accessible housing for seniors and persons with disabilities.
(e) 
Protect the stability, property values, and the residential character of neighborhoods.
(2) 
To succeed with the purpose and intent, accessory dwelling units shall not be operated as short-term rentals. Should the approved property appear on any short-term rental website or reports, the property owner may be subject to § 201-1365, Violations and penalties, as applicable.
B. 
Accessory dwelling unit terminology.
ACCESSORY DWELLING UNIT
A subsequent dwelling unit located on the same lot as a principal one-family dwelling, located within a principal structure or accessory structure, which is subordinate to the principal dwelling in terms of size, location, and appearance. Such a dwelling is an accessory use to the principal dwelling. It shall be independently habitable self-contained living quarters for one family living with shelter, heating, cooking and bathing facilities.
C. 
Types of ADUs:
(1) 
Accessory apartments are ADUs attached to or part of the principal dwelling. An example includes attached garages.
(2) 
Accessory cottages are ADUs detached structures. Examples include converted detached garages or new construction.
D. 
Accessory dwelling unit standards. ADUs shall comply with the following developmental standards:
(1) 
One accessory dwelling unit may be permitted per lot within allowable zones according to Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2) 
An ADU is only permitted at a one-family dwelling lot and is prohibited from all other housing types, including but not limited to two-family dwellings, apartment buildings, multi-family dwellings, mobile/manufactured homes, etc.
(3) 
An ADU cannot be sold separately from the principal dwelling unless the resulting subdivision produces two conforming lots.
(4) 
ADU sites must demonstrate adequate parking with a site plan, showing required principal dwelling parking and ADU parking on the lot such that on-street parking is not required.
(5) 
Accessory dwelling units shall be no smaller than 300 square feet and no greater than 650 square feet of floor area and shall have no more than two bedrooms. The intent to limit the size is to ensure that there are not two full-size dwellings upon one lot, which eventually could be cause for property disputes and other issues.
(6) 
The proposed site must comply with 201 Attachment 1, Schedule B, regarding lot coverage[2] and all other dimensional requirements for the applicable zone.
(a) 
Should the lot coverage exceed the maximum lot coverage for the zone, the lot would be considered nonconforming and permitting shall be denied for this reason.
(b) 
ADUs shall not be permitted if the existing or proposed structure does not meet all dimensional standards and setbacks of the applicable zone.
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
(7) 
Lot size and dimensions shall conform to the zone in which the principal structure is located. ADUs shall not be permitted on nonconforming lots or within nonconforming structures. The developmental provisions relating to nonconforming lots in Article XII of this chapter shall not apply to ADUs.
(8) 
Manufactured homes shall not be permitted as accessory dwelling units.
(9) 
A lot or parcel of land containing an ADU shall be occupied by the owner of the premises. The owner may live permanently in either the ADU or the primary dwelling unit.
(10) 
All parking for the primary residence and the ADU shall be provided on-site following Article VIII of this chapter. Street/Road parking is not permitted with this use.
(11) 
The ADU/principal dwelling shall not be rented or offered for rent for a period of less than 30 consecutive days, otherwise, § 201-1345 violations and penalty provisions may apply. If violations of this provision occur more than three times in a twelve-month period or five times in a five-year period, an order to deconstruct the ADU could be issued.
(12) 
Once an ADU is established, the conversion or change of the primary owner-occupied residence to rental use is prohibited and may result in an order to deconstruct the ADU within six months of such notification and may be subject to § 201-1345 violations and penalty provisions.
E. 
Accessory apartment specific standards. An Accessory Apartment may be allowed within a principal structure with a zoning permit issued by the zoning officer upon satisfactory site plans that comply with the definition of accessory dwelling unit, building codes, and the remainder of § 201-535.
(1) 
An appropriate principal structure when referring to accessory dwelling units may be structures attached to primary dwellings such as garages or similar; when such structures are attached, they are considered one principal structure. The intent of § 201-535 is not to convert a one-family dwelling to a two-family dwelling.
(2) 
If a separate entrance to the accessory dwelling unit is provided, it shall be to the side or rear of the one-family dwelling.
(3) 
Fire escapes or exterior stairs for access to an upper-level accessory apartment shall not be located within street view on the principal dwelling.
(4) 
No exterior changes shall be made to the building in which the accessory apartment is located that, in the opinion of the Planning Board, would alter the one-family dwelling character and appearance of the residence.
(5) 
The proposed accessory apartment shall comply with all applicable building, fire, electrical, health, and other safety codes in addition to complying with all other standards set forth within § 201-535.
F. 
Accessory cottage specific standards. An accessory cottage must be either a new construction or utilization of an existing detached structure from the principal structure and, upon issuance of a special use permit, meet the following additional standards:
(1) 
The maximum height allowed for an accessory cottage is the lesser of 35 feet or the height of the principal dwelling.
(2) 
Accessory cottages must be located at least six feet behind the principal structure when not utilizing an existing structure.
(3) 
The Accessory Cottage shall meet the setbacks for the principal use of the zone, one-family dwelling front setback as well as 10 feet setback on sides and rear from all property lines and all existing structures.
(4) 
The proposed accessory cottage shall comply with all applicable building, fire, electrical, health and other safety codes in addition to all other standards set forth within § 201-535.
(5) 
If setbacks cannot be satisfied, the proposed accessory dwelling unit shall not be permitted.
A. 
Accessory uses and structures shall be allowed on the premises of any principal use in any zone.
B. 
The establishment or change of an accessory use or structure which is incidental to a use requiring a site plan review pursuant to this chapter shall likewise require a site plan review.
C. 
The establishment or change of an accessory use or structure which is incidental to a use requiring a special use permit pursuant to this chapter shall likewise require a special use permit.
D. 
When an accessory building is attached to a principal building, it shall comply in all respects with the requirements of this chapter and the chapter(s) applicable to the principal building.
E. 
Detached accessory buildings and all other structures shall comply with the following:
(1) 
Building distance from other buildings: 10 feet minimum.
(2) 
Front yard: same as principal use.
(3) 
Side and rear yard: five feet minimum.
A. 
All home-based businesses shall be subject to the following standards:
(1) 
The lot or parcel of land containing a home-based business shall be permanently occupied by the owner of the premises.
(2) 
Operation shall be limited to the interior of the principal structure.
(3) 
The exterior of a building containing a home-based business shall not be altered to accommodate the business.
(4) 
Operation shall be limited in size to 25% of the building floor area or 500 square feet, whichever is less.
(5) 
One on-premises sign, not to exceed six square feet, shall be allowed but must also comply with § 201-715.
(6) 
Excessive noise, light, glare, vibrations, and/or electronic and microwave interference with radios, TVs and other household appliances shall not be produced.
(7) 
Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.
(8) 
All parking shall be provided on-site in accordance with Article VIII of this chapter. Street/Road parking is not permitted with this use.
(9) 
The business shall employ a maximum of three people.
B. 
Child day-care centers and repair garage operations shall not be conducted as home-based businesses.
C. 
Any home-based business activity exceeding the standards and criteria above shall be classified using the respective proposed use and shall be subject to the level of review specified for the corresponding zone based on the site location and proposed use in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A. 
Drive-thru uses shall be allowed only in VC, NC-2, and AC Zones upon approval of a special use permit. The Planning Board shall issue such permit only upon compliance with the requirements of this section.
B. 
Drive-thru uses shall be allowed only in areas where vehicular traffic will not interfere with, or be detrimental to, the safety, comfort, and convenience of nearby residences, businesses, public or semipublic uses, and pedestrian ways.
C. 
Drive-thru uses shall be designed so that no vehicular traffic shall need to queue for services on public streets or sidewalks. Facilities with drive-up service bays or windows shall have a minimum of five waiting spaces for each drive-up lane. Each waiting space shall be at least 20 feet in length. Where multiple drive-up windows exist, there shall be one additional waiting space which shall be in a common lane. These standards may be modified where the Planning Board deems necessary.
A. 
All mobility access ramps shall require a zoning permit.
B. 
Mobility access ramps shall adhere to a minimum three-foot setback from sidewalks to allow safe travel by sidewalk users. Mobility access ramps shall not encroach and cause obstructions along sidewalks.
C. 
Mobility access ramps shall have minimum rear and side setbacks of five feet.
D. 
If the setbacks mentioned above cannot be met, a variance must be pursued with the Zoning Board of Appeals.
No portion of a structure located on the ground floor facing the street shall be used for residential purposes (dwelling unit(s)) in the VC Zone. However, existing dwelling units in the VC Zone are exempt from this requirement. Existing dwelling units in this case shall be first-floor residential units within the Village Center Zone in place as of March 11, 2015, when this provision became effective.
Repair garages shall comply with the following:
A. 
All motor vehicle parts and dismantled vehicles are to be stored within an enclosed building, and no repair work is to be performed outside of a building.
B. 
There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be 30 feet.
C. 
The Planning Board may require a suitably curbed landscaped area complying with this chapter to be maintained at least five feet in depth along all street frontage not used as a driveway.
D. 
In addition to the requirements stated in § 201-580, 201-1060, and 201-1070 respectively, the Planning Board may waive or modify these requirements as it sees fit on a case-by-case basis.
Retail gasoline outlets shall comply with the following:
A. 
Outlets shall not be located within 300 feet of any lot occupied by a school, hospital, library or religious institution. Measurements shall be made between the nearest respective lot lines.
B. 
Lot size shall be 20,000 square feet, minimum.
C. 
Lot frontage shall be 150 feet, minimum.
D. 
Lot depth shall be 125 feet, minimum.
E. 
Pumps, lubricating and other service devices shall be located a minimum of 14 feet from the front lot line and a minimum of 50 feet from side and rear lot lines.
F. 
All fuel and oil shall be stored a minimum of 35 feet from any property line.
G. 
No signs shall extend beyond the pumps, nor exceed 15 feet in height.
H. 
There shall be no more than two access driveways from the street. The maximum width of each access driveway shall be 30 feet.
I. 
A suitably curbed landscaped area complying with this chapter to be maintained at least five feet in depth along all street frontage not used as a driveway is required.
J. 
In addition to the requirements stated in § 201-580, 201-1060, and 201-1070 respectively, the Planning Board may waive or modify the requirements stated in Subsection I as it sees fit on a case-by-case basis.
Essential facilities are defined as the operation or maintenance by municipal agencies or public or private utilities of telephone dial equipment centers; electrical or gas substations; water treatment, storage, and transmission facilities; pumping stations; telecommunication towers and similar facilities; but not including power generation facilities. Essential facilities shall comply with the following:
A. 
The facility shall be surrounded by an opaque security fence to keep intruders out.
B. 
A buffered area complying with Article X of this chapter, at least 15 feet wide (depth), shall be maintained surrounding the exterior of the security fence of the facility to provide a visual and noise buffer.
C. 
The facility shall be designed and located such that any noise generated shall not interfere with the comfort and convenience of residents living in the vicinity.
D. 
Essential facilities shall not be considered an accessory use even if located on a lot with an existing principal use; more than one principal use may be permitted in this instance.
A. 
No accessory structure, fence, wall, or hedge shall be erected in such a manner as to confuse or obstruct the views of any traffic sign, signal, or device, or obstruct the visibility of vehicles entering or exiting roadways.
B. 
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and 10 feet above the road surface, grades of two intersecting streets, in the area bounded by the street lines of such corner lot and a line joining points along said street lines 20 feet from the point of the intersection.
A. 
No person being the owner or occupant of lands and premises shall construct, use or maintain a fence or hedge at a height of more than eight feet, including any portions of the supporting structure such as, but not limited to, fence posts. No person being the owner or occupant of lands and premises shall construct, use or maintain a fence along the street line, sidewalk or grounds if located within 20 feet from the intersection of two street lines, or so as to interfere with the view of traffic approaching the intersection within a distance of 75 feet measured along the center line of each street from the intersection of such center line.
B. 
It is recommended that all perimeter fences be set back at least two feet from property lines to allow for maintenance of the structure, all disputes will be handled by the Village.
C. 
All hedges shall be planted at least four feet from property lines and shall be maintained and trimmed a minimum of two feet from the property line. This additional space is required due to the anticipated growth of the hedge.
D. 
All fences shall be constructed of vinyl, wood, composite, picket, iron or hedge. The finished side of all fences shall face neighboring properties.
E. 
All fences and or hedges require compliance with § 201-580, Line of sight for traffic safety.
F. 
Any nonconforming hedges shall be rectified to comply with the provisions of this section within 12 months from the amendment's filing date according to the Department of State. Compliance will only be enforced in situations with a documented line of sight and or public safety concerns and will be enforced by the Village DPW Superintendent as deemed appropriate.
G. 
Security fence/security barriers for essential facilities, industrial uses, and solar energy systems do not have to comply with the height restriction or construction materials outlined within this section.
Adult entertainment uses shall be permitted in Industrial (I) Zones only if the following conditions are met:
A. 
Adult entertainment uses may be a conditionally permitted use subject to special use permit approval.
B. 
Such uses may not be located within 2,500 feet, measured property line to property line, from a school (public or private), library, family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children (under 18 years of age) regularly gather.
C. 
Only one adult entertainment establishment is allowed at a time per 3,000 Village residents.
D. 
No such use may be located on a New York State highway.
E. 
Such uses shall not be located within 500 feet of any residential use or zone.
F. 
Only one sign shall be permitted and visible from the exterior of a building that is occupied by an adult entertainment use, and such sign shall be no larger than four square feet and must be attached to the building and not on its roof. Such a sign shall not consist of any material other than plain lettering. No sign shall have any photographic or artistic representation whatsoever thereon.
G. 
No off-site advertising signage shall be allowed.
H. 
All building openings, entries, windows, doors, etc., shall be located, covered and screened in such a manner as to prevent a view into the interior from the outside of the premises. Windows shall be of opaque glass.
I. 
Adult uses shall be fully screened from all residential properties by fencing or hedges at least eight feet in height.
J. 
Outdoor lighting shall be limited to a light by the entrance and a shielded light on the structure. No colored lights or electronic message boards are allowed.
A. 
Notwithstanding any other provision of this chapter to the contrary, smoke shops and tobacco stores shall be a conditionally permitted use only in the following zone, subject to the regulations contained in this chapter: AC - Auto Commercial Zone.
B. 
All smoke shops and/or tobacco stores wishing to operate within the above zone after the effective date of this chapter must obtain a special use permit.
C. 
Additional zoning and land use standards for smoke shops and/or tobacco stores shall be as follows:
(1) 
Smoke shops and/or tobacco stores shall not be located within 2,500 feet, measured property line to property line, from a school (public or private), library, family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children (under 18 years of age) regularly gather.
(2) 
Smoke shops and/or tobacco stores shall not be located within 500 feet, measured property line to property line, from another smoke shop and tobacco store.
(3) 
It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a child (under 18 years of age), not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(4) 
Smoke shops and/or tobacco stores shall post clear signage stating that children (under 18 years of age) may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(5) 
Only one smoke shop/tobacco store is allowed at a time per 3,000 Village residents.
A. 
General intent. It is the purpose of this section to promote the health, safety and general welfare of the inhabitants of the Village of Lowville by the more effective regulation of recreational vehicles and campers.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAMPER
A vehicle, be it self-driven, towable, or vehicle mounted, with sufficient equipment to render it suitable for use as a temporary dwelling during the process of travel, recreational and vacation uses.
OCCUPANT
The individual residing overnight in a camper or recreational vehicle.
RECREATIONAL VEHICLE (RV)
Any building, structure or vehicle designed and/or used for temporary living or sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place to place, and automobiles when used for living or sleeping purposes, and including pickup coaches (campers), motorized homes, travel trailers, and camping trailers that do not meet the specifications required for a manufactured home or mobile home.
RECREATIONAL VEHICLE PARK
An approved lot which includes three or more recreational vehicle sites.
RECREATIONAL VEHICLE SITE
A plot of land sufficiently improved and equipped to accommodate the placement thereon, and the occupancy, of a recreational vehicle, together with so much of the surrounding real estate as is reserved exclusively to serve that recreational vehicle and its occupants.
C. 
Standards.
(1) 
A recreational vehicle permit/zoning permit must be attained prior to the utilization or storage of a recreational vehicle or camper within the bounds of the Village. These permits shall be conditionally approved for the given calendar year, requiring a new permit or renewal each year thereafter.
(2) 
Recreational vehicles or campers shall only be permitted on lots containing existing one- or two-family dwellings.
(3) 
Only one camper or recreational vehicle shall be allowed, stored or maintained on any residential lot within the Village.
(4) 
Water and sewerage shall be required to comply with the Department of Health standards for any use other than the storage of recreational vehicles or campers.
(5) 
Occupancy of recreational vehicles or campers shall be temporary and may not exceed utilization over 14 calendar days within a given 180-day period.
D. 
Prohibition.
(1) 
No camper or recreational vehicle shall be occupied within the Village except in approved and permitted manufactured home parks or recreational vehicle parks, with the exception that the temporary occupancy by family of the owner of the real property or the invited guest of the owner of the real property upon which the recreational vehicle or camper is located shall be permitted, provided that the recreational vehicle or camper not be occupied in excess of 14 days in a 180-day period. In no event shall a recreational vehicle or camper be occupied upon a lot where no existing one- or two-family dwelling lots.
(2) 
No more than one camper or recreational vehicle shall be allowed, stored or maintained on any residential lot within the Village.
(3) 
Any existing recreational vehicle or camper located on a property without a principal structure prior to the enactment of this provision may remain until such time as the unit becomes uninhabitable or noncompliant with the NYS Property Maintenance Law standards. The replacement or similar action will not be permitted for any reason.
Telecommunication towers shall be sited only upon approval of a special use permit. Special use permit application shall be reviewed by the Planning Board pursuant to the authority of the State of New York Village Law § 7-725-b, and pursuant to the procedures of Article XI of this chapter. Telecommunication towers shall be considered a principal use/principal structure, even if located on a lot with an existing principal use/principal structure; more than one principal use/principal structure may be allowed in this instance.
A. 
Shared use.
(1) 
Shared use of existing towers shall be preferred to the construction of new towers. Where such shared use is unavailable, the location of antennae on pre-existing structures shall be sought. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other pre-existing structures as an alternative to new construction. An applicant proposing to share use of an existing tower shall be required to document permission from an existing tower owner to share use and complete a zoning permit.
(2) 
In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers and to secure the location of antennae on pre-existing structures, as well as documenting capacity for future shared use of the proposed tower.
(3) 
Written requests and responses for shared use shall be provided.
(4) 
Provide a written notification to at least three additional wireless communication carriers of the application's intent, the exact location of the proposed facility, and the general description of the project including but not limited to the height of the facility and the available colocation space availabilities with potential terms for such colocation. Documentation of this notification shall be submitted to the Planning Board at the time of application.
B. 
Setbacks. Towers and antennas shall not exceed a height twice their distance from the lot line. Additional setbacks may be required to contain icefall or debris from tower failure on-site, and/or to preserve the privacy of adjoining residential and public areas. The normal setbacks for the district shall apply to all ancillary tower parts, including guy wire anchors and accessory facilities.
C. 
General aesthetics.
(1) 
The Village Board and the Planning Board must be mindful of the aesthetic impact of a project that has the potential to be viewed from outside of the Village jurisdiction and by millions of passersby every year, regarding the impact on the community character and the overall health and well-being of residents.
(2) 
All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.
(3) 
Accessory structures shall maximize the use of building materials, colors, and textures designed to blend with the natural surroundings.
(4) 
The towers themselves shall emulate the appearance of a tree or similar feature that aesthetically matches the character of the Village, to the greatest extent practical.
D. 
Lighting/visibility.
(1) 
Towers shall not be artificially lit except for a single red aviation warning light on the top, or as required by the Federal Aviation Administration (FAA).
(2) 
Towers shall be a galvanized finish or painted brown or grey above the surrounding tree line and painted brown, grey, or black below the surrounding tree line unless other standards are required by the FAA. Towers should be designed and sited to avoid, whenever possible, the application of FAA lighting and painting requirements.
(3) 
Consultation with the Office of Analysis & Integration at Fort Drum to rule out any potential interference with the Fort Drum military base prior to any approvals.
E. 
Tower design. Whenever feasible, tower construction shall be of a "monopole" design. All towers shall be fitted with anti-climb devices. Towers shall be designed to provide colocation by at least three providers or designed so that they can be retrofitted to accommodate at least three providers unless such colocation is not feasible as demonstrated by competent engineering or technical proof.
F. 
Signs.
(1) 
Signs shall not be permitted on towers except for signs displaying owner contact information and safety instructions. Such signs shall not exceed six square feet in surface area.
(2) 
Signs required by local, state, or federal regulations must comply with this section.
G. 
Vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place. Clearcutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
H. 
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public areas, including roads, the following vegetative screening shall be required:
(1) 
For all telecommunication towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the entire perimeter of the telecommunication facility to reduce noise.
(2) 
In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
(3) 
These screenings are meant to act as a noise buffer in addition to a visual barrier.
(4) 
Essential facilities shall require a fifteen-foot buffered area surrounding the perimeter of the facilities of this type to effectively mitigate the surrounding area from potential visual or noise impacts.
I. 
Security barrier. The base of any tower and anchors on guyed towers shall be surrounded by a security barrier. Such a barrier shall enclose the base of the tower as well as any and all accessory equipment and structures for safety and security purposes. The site shall be provided with security measures such as fencing, anti-climbing devices, electronic monitoring, or other methods sufficient to prevent unauthorized entry and vandalism. Fencing shall include a locking security gate and be no shorter than eight feet in height.
J. 
Access and parking. A road, driveway, and parking area will be provided to ensure adequate emergency service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to ensure minimal visual disturbance and reduce soil erosion potential.
K. 
Utility and system connections. All utility connections shall be installed beneath the ground surface, when practical. Where technologically feasible, connections between telecommunications towers and the system of which they are a part shall be made by use of land line cable rather than parabolic or dish antennas. When such antenna links are technologically necessary, they shall be located, painted and otherwise situated so as to minimize visual impacts. In no case shall the diameter of such an antenna exceed six feet.
L. 
Financial security for demolition.
(1) 
The owner/operator shall provide a demolition bond in the amount of 200% of the estimated cost to remove and restore the site to predevelopment conditions (provided by an NYS-licensed engineer) or other security acceptable to the Village Board to remove the facility in case the applicant fails to do so upon the revocation, expiration or the nonrenewal of the telecommunication tower permit. The demolition bond shall be a condition of permit approval, and the special use permit shall not be issued until the condition is satisfied.
(2) 
These costs shall be reassessed every five years to account for inflation, starting the year following installation, and shall be the responsibility of the applicant and a condition of permitting. Should the five-year reassessment not occur, the Village Board may proceed following normal procedure regarding violations and penalties. This shall take effect after 60 days of the Zoning Officer's determination of non-operational or the risk of unsafe conditions.
M. 
Inspection.
(1) 
Telecommunication towers shall have a structural integrity inspection before commencement or within the first year of operation, then ANSI standard timelines for inspections take effect.
(2) 
Towers shall be inspected following ANSI Standards (every three or five years depending on the type) on behalf of the tower owner/operator by a New York State licensed professional engineer for structural integrity and continued compliance with these regulations. A copy of such inspection report, including findings and conclusions, shall be submitted to the Zoning Officer and Village Clerk no later than December 31 of the applicable calendar year and noncompliance may be a reason for permit revocation.
(3) 
Should extreme weather occur, the Village Board, Planning Board or Zoning Official has the right to require a structural integrity study be completed by the operator prematurely of the ANSI routine inspections, the operator must oblige within 60 days of the written request. The operator shall retain the original site inspection schedule, rather than adapting to extreme weather inspections occurrences.
N. 
Radiation emission certification. The owner/operator shall submit certification following applicable regulations (every 3-5 years depending on the type), signed by a New York State licensed professional engineer, verifying that such facility is in compliance with all applicable Federal, State and local radio frequency radiation emission standards. Such annual certification shall be delivered to the Zoning Officer and Village Clerk no later than December 31 of the respective calendar year. This requirement shall be considered an implied condition to any zoning permit, special use permit and/or use variance granted for the facility, and noncompliance may be a reason for permit revocation.
O. 
Environmental standards.
(1) 
Telecommunication towers shall not be located in federal or state regulated wetlands or in regulated wetland buffer areas, in endangered or threatened species habitats, water bodies, or historic or archaeologically sensitive sites.
(2) 
No hazardous waste shall be discharged on the site of any telecommunication tower. If any hazardous materials are to be used on-site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
(3) 
If applicable, stormwater runoff generated by the use shall be contained on-site.
(4) 
Ground-mounted equipment for wireless communications facilities shall not generate noise over 50 dB at the property line.
P. 
Maintenance. All facilities shall be maintained in good order and repair. Routine maintenance and repair shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except for emergency repairs which may be undertaken at any time with immediate notice to the Village Clerk and Zoning Officer.
Q. 
Decommissioning plan. Applicants will be required to provide a decommissioning plan for any telecommunication tower to ensure the proper removal of such. Compliance with this plan shall be made a condition of the issuance of the special use permit approval under this section. The decommissioning plan must specify that after the facility can no longer be used, it shall be removed and disposed of by the applicant or any subsequent owner/operators in a lawful and environmentally proper manner. The decommissioning plan shall demonstrate how the removal of all infrastructure, access roads, fencing, signage and the remediation of soil and vegetation shall be conducted to return the parcel to the original state prior to development. The plan shall also provide a detailed expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer licensed to practice in New York State.
R. 
Abandonment or discontinuation of use.
(1) 
Any telecommunication tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of the facility shall physically remove the entire facility within 90 days of receipt of the notice. "Physically remove" shall include, but not be limited to:
(a) 
Removal of antennas, mount, equipment shelters, security barriers, and any post-development physical property from the subject property.
(b) 
Proper disposal of waste materials from the site in accordance with applicable Local, State, and Federal solid waste disposal regulations.
(c) 
Restoring the location of the facility to its pre-development condition.
(2) 
Removal.
(a) 
Towers and antennas shall be removed if the owner's or user's facilities are no longer being used by a valid FCC licensee. The Village Clerk shall require the operator to provide the current FCC license or may verify FCC license compliance by other means.
(b) 
Towers and antennas shall be removed if there is not at least one operator with a valid annual permit/FCC license using the tower. Potential or planned future use of any facility for commercial communication service is not sufficient to avoid the requirement for removal unless the Village Board deems the plan/potential sufficient to temporarily allow the facility to remain in writing citing sound reasons.
(c) 
A decision to require removal shall be the responsibility of the Village Board after consulting with the Zoning Officer and the Village Attorney. Removal shall occur within 90 days of the Village Board's decision to require removal unless the Village Board has agreed to a one-time extension of time. If not removed within the designated period, the Village Board shall have the right to compel removal, with all costs to be borne by the permit holder who operates/owns and/or previously used the tower. If the telecommunication tower is not decommissioned after being considered abandoned, the Village Board may remove the system, restore the parcel to its original state, and impose a lien on the property to cover costs to the municipality to the extent not covered by any surety/bond required.
(3) 
When towers are removed, site reclamation shall be completed to the satisfaction of the Village Board within six months. Reclamation shall include landscaping, removal of structures, utility lines, and accessory structures, and shall encompass the building site and buffer area controlled by the facility owner to predevelopment conditions.
S. 
Miscellaneous.
(1) 
Since telecommunication towers are a subcategory under essential facilities, all standards set forth in § 201-575 shall be met prior to approval.
(2) 
All standards in this chapter shall be followed in addition to the provisions outlined above; however, if any provisions are found to be contradictory, the stricter regulations shall apply.
(3) 
Should a telecommunication tower, once permitted, become non-compliant with the provisions of this chapter, the Zoning Official has the authority to revoke the special use permit and trigger the decommissioning plan accordingly upon providing notices following § 201-1365.
(4) 
The Village Clerk shall maintain a digital record of all telecommunication towers keeping track of inspections, and radiation emission certifications and provide the list of non-compliant telecommunication towers to the Village Board and Code Enforcement Office by no later than the second week in January to initiate violations and penalties according to § 201-1365.