A special permit use shall conform to the following
individual standards and regulations, where applicable, in addition
to all other regulations for the zoning district in which the special
permit use is located. In all cases, the more restrictive regulations
shall apply.
In any district, the Planning Board may grant
a special permit for landfilling or excavation, subject to the following:
A.
General regulations. A special permit shall be required for any landfilling, excavation, regrading, removal, stripping or disturbance of topsoil, earth, sand, gravel, rock or other substance from the ground or for the establishment of a lake or pond, subsequently herein referred to as an "operation" or "operations," except as provided in Subsections C and D hereof. The provisions of this section as well as Article VII, Special Permit Uses, shall be applicable to all areas, except as provided in Subsection D hereof, in which an operation or operations are underway. No operation shall be extended in area nor a landfill operation be continued, except as provided in Subsection D hereof, without first securing a permit therefor.
B.
Prohibited operations.
(1)
There shall be no processing of fill, topsoil, earth,
sand, gravel, rock or other substance from the ground on the premises
except for use on the same premises and except in a Light Industrial
LI District.
(2)
In any residence district, no operation authorized
under this section shall be permitted on Sunday nor before 8:00 a.m.
or after 5:00 p.m. on other days. In any industrial or business district,
no operation authorized under this section shall be conducted on Sunday,
except where otherwise permitted by law.
(3)
In a residence district, there shall be no operation
commenced or carried on which is primarily for the purpose of the
sale or exchange of fill, excavated topsoil, earth, sand, gravel,
rock or other substance from the ground.
(4)
In any zoning district, material used for landfilling
may contain wood, but otherwise must be clean and nonburnable before
being delivered to the site. Such material shall not contain garbage,
disease-producing organisms, harmful radioactivity or any other substance
which may be considered harmful by the Planning Board. No material
may be used for this purpose which will produce obnoxious odors or
either cause or require covering or other measures to prevent the
attraction of rats or other vermin, flies, mosquitoes or other harmful
insects.
C.
When other permit or approval deemed a special permit.
(1)
Building permit deemed a special permit. A duly issued
building permit for building and/or its accessory structures shall
be deemed to be the permit for such landfilling excavations and/or
its accessory structures and driveways, provided that the volume of
any added fill or excavated material removed from the property does
not exceed two times the volume of the cellar and foundation of the
dwelling and/or accessory structures for which the building permit
was issued. The Building Inspector shall suitably endorse the budding
permit to the effect that such landfill and/or excavation and removal
is permitted and shall specify thereon the maximum volumes of added
fill and/or excavated material which may be removed.
(2)
Approved subdivision construction plans deemed a special
permit. Where the Planning Board has approved, with or without conditions,
the construction plans for proposed streets and drainage facilities
in new subdivisions, the approved construction plans shall be deemed
to be a duly issued permit for such operation within the rights-of-way
and slope rights of the proposed streets and areas reserved for drainage
facilities as may be necessary for their establishment, provided that,
if there is to be landfilling and/or removal of excavated material,
said fill and/or removal shall be disclosed as an integral part of
the subdivision plans. All operations outside such street rights-of-way
and slope rights and drainage facilities shall be subject to the permit
and approval requirements of this section unless such operation is
shown on an approved grading plan as part of said construction plans,
the rehabilitation of the disturbed areas is bonded as a condition
of subdivision approval and provided that, if there is to be landfilling
and/or removal, said operation shall be disclosed as an integral part
of the subdivision plans.
(3)
Approved site plans deemed a special permit. Where
this chapter requires the approval of a final site plan and when,
in the opinion of the Planning Board, the finished elevations shown
on these plans are necessitated or required for the intended land
use and/or by other provisions of this chapter, the approved final
site plan shall be deemed to be a duly issued permit for the necessary
landfilling and/or excavation and removal of material from the property,
provided that the rehabilitation of the disturbed areas is bonded
as a condition of site plan approval, and provided that such operation
is disclosed as an integral part of the site plan.
D.
Exceptions.
(1)
Waiver. The Planning Board may waive the permit requirements
for an excavation or filling operation involving less than 100 cubic
yards of material.
(2)
On-site disturbance. No permit shall be required for
the moving of natural soil material from one part of a separately
owned property to another part of the same property for site development
purposes (but not including the establishment of ponds or lakes),
provided that upon completion of the work, all disturbed areas shall
be covered by topsoil of such depth that a stand of grass or other
permanent cover will be established within two growing seasons. Planting
of grass or other permanent cover shall be done as soon as practicable
after work is completed. Topsoil and permanent ground cover shall
not be required for those disturbed areas where other permanent cultural
improvement or surface treatment is provided under the appropriate
provisions of this chapter.
(3)
Town of Bedford. The provisions of this section shall
not apply to operations conducted by or for the Town of Bedford, New
York, or any department or agency thereof.
(4)
Farming. The provisions this section shall not be
construed as prohibiting or limiting the normal use of land for farming
or gardening or similar agricultural or horticultural uses in any
zoning district.
(5)
Light Industrial LI Districts. The provisions of this
section shall not apply, in a Light Industrial LI District, to any
operation existing at the time of the adoption of this section or
to any extension of such existing operation on the same parcel in
this district.
(6)
Lawns and gardens. The provisions of this section
shall not be construed as prohibiting or limiting the normal addition
of topsoil or fertilizer to lawns and gardens or the addition of gravel
or material for the primary purpose of improving or beautifying the
surfaces of previously graded areas.
E.
Application procedure.
(1)
Written application for a permit under this section
shall be made, in duplicate, to the Planning Board and shall contain
the full name and address of the owner or owners of the property,
Tax Map designation of the property, statement as to authority from
the owner or consent of owner endorsed thereon, if any person other
than owner is making the application and statement of proposed work
and purpose thereof.
(2)
Accompanying said application and as a part thereof,
complete plans and estimates for the proposed site improvements shall
be submitted for approval. The plans shall be certified by an engineer,
architect, land surveyor or landscape architect, duly licensed in
the State of New York, and shall be drawn to a scale of not less than
one inch equals 50 feet and shall show the following:
(a)
The location of that portion proposed to be
disturbed and its relation to neighboring properties, together with
buildings, roads and natural watercourses, if any, within 250 feet
of the boundaries of said portion. An inset map at a reduced scale
may be used if necessary and helpful.
(b)
The area of the property that is to be disturbed
by the proposed excavation or landfilling.
(c)
The estimated maximum quantity to be excavated
and/or removed and the estimated maximum quantity that will be used
for regrading or filling, computed from cross sections of a proposed
excavation or disturbed area.
(d)
A description of any material to be used for
landfilling. Where fill is to be brought onto the premises, state
its source, method of transport and estimated volume.
(e)
The location of any well and the depth thereof,
and the location of natural watercourses, if any, located within 50
feet of the proposed disturbed area.
(f)
The location of any sewage disposal system,
any part of which is within 50 feet of the proposed disturbed area.
(g)
Existing topography of the area proposed to
be disturbed at a contour interval of not more than two feet. Contours
shall be shown for a distance 50 feet beyond the limits of the proposed
disturbed area.
(h)
The proposed final contours at a maximum contour
interval of two feet.
(i)
The location and present status of any previous
operations of the type contemplated by this section on the property
within the preceding year.
(j)
The details of any drainage system proposed
to be installed and maintained by the applicant, designed to provide
for proper surface drainage of the land, both during the performance
of the work applied for and after the completion thereof.
(k)
If a proposed excavation is for the purpose
of making a lake or pond, the details of the proposed construction
of the dam or other structure or embankment intended to impound the
water, together with the details and location of proposed discharge
and of a valved outlet for drainage purposes.
(l)
The rehabilitation proposed, and the estimate
of the cost of such work in accordance with the standards in this
section.
F.
Town Engineer review and report.
(1)
The Planning Board shall refer each application to
the Town Engineer for review and report in accordance with the standards
and requirements of this section and other applicable requirements
of this chapter. The Town Engineer shall prepare and submit a report
setting forth his findings and recommendations to the Planning Board.
(2)
The Town Engineer's report shall state whether or
not the following criteria are met:
(a)
The location and size of the proposed operation,
the nature and intensity of the work involved and the size of the
site in relation to the operation are such that, upon completion of
the operation and the establishment of the permitted use, the site
will be in harmony with the appropriate and orderly development of
the district in which it is located.
(b)
The proposed operation is not in conflict with
any proposal of the Town Development Plan or with any requirement
of this chapter.
(c)
The proposed operation is incidental to the
establishment, improvement or operation of a use permitted in the
zoning district in which the property is located.
(3)
The Town Engineer report shall include an estimate
of the amount of performance bond to be furnished by the applicant
and any special condition or other safeguards deemed necessary or
desirable for the proposed operation. Said estimate and recommended
conditions shall be included even if the Town Engineer recommends
denial of the application.
G.
Required performance bond and fees.
(1)
Any permit to be issued in accordance with the terms
of this section subject to any restrictions, safeguards or special
conditions considered by said Planning Board as appropriate for the
proposed operation. However, no permit shall be issued until the applicant
shall have posted a performance bond with the Town of Bedford insuring
conformance with the approved plans and all applicable regulations,
restrictions and special conditions. Such performance bond shall become
effective only if and when the Town Board shall have approved same
as to amount, form, surety and manner of execution. The Town Board
shall set a reasonable time limit for the performance of the work
shown on the approved plans, not to exceed two years, except in the
case of continuing operations contemplated by this section in which
case a permit shall only be extended if the bond is correspondingly
extended by the Town Board.
(2)
Fees for the issuance of the permit shall be as listed
in the fee schedule adopted by the Town Board.
(3)
Permits issued under this section shall expire within the time limit set by the Town Board as provided herein, except that the Planning Board, after complete review of all plans and examination of work accomplished and proposed, may extend permits for such further periods of time as may be fixed by the Town Board when extending the bond provided for herein. Upon receipt of a request for an extension of a permit the Planning Board may request the assistance of the Town Engineer in the review and examination of the work accomplished and prior to taking any action upon such request for an extension shall take into consideration any recommendations of the Town Engineer. In no case shall a permit be extended if any of the provisions of this section have not been complied with; provided, however, that, in connection with continuing operations contemplated by this section, the Planning Board may waive for one-year periods, but not longer than the time limit set by the Town Board for the expiration of the permit or of and extension thereof, the requirements of Subsection I hereof which would make such continuing operations impractical.
H.
Conduct of work. The work shall be performed in accordance
with the following conditions and requirements:
(1)
Regrading adjacent to property lines shall be so designed
that the work will not endanger abutting property by reason of erosion,
landslides or increased runoff. The Town Engineer may recommend, as
a condition of permit approval, such limits to the work and such supplementary
drainage structures or other safeguards as it may deem to be necessary
to assure such protection to abutting lands.
(2)
Truck access drives shall be located so as to minimize
danger to traffic and nuisance to surrounding properties. Such drives
shall be kept wet, oiled, treated with chemical dust deterrents or
paved to the extent necessary to prevent any dust nuisance to surrounding
properties. All such access drives shall be clearly marked with signs
which shall be posted approximately 200 feet on both sides of such
access drives or other traveled areas. Such signs shall read "Caution,
Trucks Entering" and be of size, type, coloring, lettering and format
used by the Highway Department of the Town.
(3)
At all times subsequent to the issuance of a permit
and before completion of the final grading, as herein provided, any
pit, quarry or other excavation having a slope steeper than one foot
vertically for each one foot horizontally and having a depth greater
than three feet or involving standing water of depth greater than
six inches shall be entirely enclosed by wooded or wiremesh fence
not less than four feet in height measured from ground level, with
a gate of the same height at each entrance thereto. If such fencing
and gates are of wooded construction, each fencing board shall be
separated by not more than six inches; and if constructed of wire
mesh fencing, the mesh thereof shall not be greater than six inches
by six inches. Gates shall be securely locked at all times when the
project is not in operation.
(4)
Storage piles of materials, including waste material,
shall at no time be located nearer than 10 feet to a property or street
line.
I.
Rehabilitation of site.
(1)
Upon completion of the work permitted, the site shall
be rehabilitated in accordance with the following standards:
(a)
The final slope shall be finished at a slope
no steeper than one foot vertically for each two feet horizontally
for any material other than rock, except where supported by a retaining
wall or foundation. Finished surface excavated to fast rock shall
have a slope no steeper than six feet vertically for each one foot
horizontally.
(b)
Excess materials shall first be used in filling all open pits, quarries, etc., to the extent required in Subsection I(1)(a) of this section, and the remaining material shall either be removed from the premises or smoothed and covered with topsoil and seeded as hereinafter provided.
(c)
Topsoil shall be replaced over all ground surfaces
exposed by any operation contemplated herein, except rock, roads,
driveways, parking places, garden spaces and surfaces excavated below
high-water marks of lakes, ponds or streams, to a depth that a stand
of grass or other permanent cover will be established within two growing
seasons. These ground surfaces shall be seeded as required to prevent
erosion before the permanent cover becomes established.
(d)
Where a permit has been issued for an excavation
for the purpose of making a lake or pond, the provisions of this section
applicable to regrading, refilling and seeding shall not apply to
that part of the excavation below the high-water mark of such lake
or pond.
(2)
Upon completion of all rehabilitation work, the applicant
shall notify the Planning Board. The Planning Board shall make or
cause to be made a field inspection of the site to determine if all
work has been completed in accordance with the terms of the permit
and the approved plans. The Planning Board may request the assistance
of the Town Engineer in the determination of the degree of compliance.
The Planning Board shall make a report to the Town Board upon the
completion of its investigation, describing the degree to which the
operation is in conformance with the terms of the permit and plans,
together with its recommendation as to the release of the performance
bond posted. The failure to remove rock, if encountered by the applicant,
or to complete the full amount of the proposed operation shall not
be sufficient cause to recommend forfeiture of the performance bond,
provided that an amended plan for such lesser operation has been submitted
and approved in accordance with the terms of this section.
J.
Enforcement and penalties.
(1)
Notwithstanding any other provision in this chapter,
any person who violates, causes or participates in the violation of
the provisions of this section shall, upon conviction thereof, be
guilty of a misdemeanor and be subject to a fine not exceeding $100
or by imprisonment for not more than three months, or by both such
fine and imprisonment.
(2)
Whenever any person shall have been notified in writing
by the Building Inspector that he is violating the provisions of this
section or of any permit or extension thereof issued hereunder or
is served with a summons or warrant accusing him thereof, each day
that he shall continue the violation after such notification or service
shall constitute a separate offense, punishable by a like fine or
penalty.
(3)
Notwithstanding the penalties herein provided, the
Town may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this chapter.
(4)
The foregoing provisions for the enforcement of the
regulations in this section are not exclusive, but are in addition
to any and all other laws applicable thereto.
Within an NB, CB, RB or LI District, the Board
of Appeals may grant a special permit for the operation of an automotive
service station, provided that:
A.
Distance from public and semipublic uses. No special
permit shall be issued for the establishment or enlargement of an
automotive service station if any part of the lot in question is situated
within a radius of 200 feet of any property in use for a place of
worship, hospital, public library, school, playground, community house
or theater.
B.
Minimum size of lot. The site shall have frontage
of at least 100 feet on a public road and shall have a depth of at
least 100 feet. Automotive service stations designed to serve trucks
larger than five tons in capacity shall have sufficient additional
frontage so that any vehicle leaving the service station property
may turn into the nearest lane of traffic moving in the desired direction
and be channeled within such lane before crossing the nearest intersection
or proceeding along the road and any vehicle entering the service
station property may turn out of the nearest lane of traffic without
interfering with other traffic.
C.
The following setbacks or yards shall be required,
but in no case shall any yard be less than required on the Table of
Dimensional Requirements[1] for the district in which the automotive service station
is located:
(1)
Minimum front setback. Pump islands shall be 25 feet
from the road right-of-way line. All other structures, except underground
tanks, shall be 45 feet from the road right-of-way.
(2)
Minimum side yard. The minimum side yard shall be
10 feet, except that all buildings shall be set back at least 50 feet
from the side lot line if abutting a residence district. If pump islands
are located in a side yard, the front yard setback shall apply.
(3)
Minimum rear yard. The minimum rear yard shall be
30 feet.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
D.
Storage of fuels.
(1)
Storage tanks for gasoline and other motor vehicle
fuel shall be located underground.
(2)
Fuel storage tanks shall be set back from all buildings
and lot lines in accordance with the schedule below, except that the
Board of Appeals may reduce the required setback from a property line
where the adjacent property is of such a character or ownership that
it will be permanently undeveloped.
|
Maximum Number of Gallons
|
Minimum Separation of Tank From Lot Line
or Building
(feet)
| |
|---|---|---|
|
30,000
|
25
| |
|
6,000
|
20
| |
|
3,000
|
10
|
E.
Driveways and service apron.
(1)
There shall be no more than two driveways from the
automotive service station entering a single road. Such driveways
shall be no closer to each other than 15 feet, measured along the
road line, and shall be at least 30 feet from any intersection of
public roads and 10 feet from any side lot line. Driveways shall not
be more than 30 feet wide nor less than 20 feet wide at the curbline.
(2)
All driveways, parking or standing areas, including
the service apron, shall be permanently improved with a paved surface.
Adequate provision shall be made for the collection and disposal of
stormwater onto adjoining property or across a public sidewalk. Stormwater
runoff shall not be discharged into a public street without the prior
approval of the Town Superintendent of Highways.
(3)
The service apron of an automotive service station
shall be separated from the adjoining sidewalk or from the road by
permanent concrete curbing.
F.
Use of service apron. All repair and service work,
including car washing, but excluding emergency service and the sale
of fuels and lubricants, shall be conducted entirely within a building
and shall be performed only between the hours of 7:00 a.m. and 10:00
p.m. The number of vehicles outside at any one time shall not exceed
the number of parking spaces designated on the site plan. The Board
of Appeals may also limit the amount of overnight parking and require
suitable fencing to protect surrounding properties. Where wrecked
vehicles are impounded on the automotive service station property
at the direction of a duly authorized law enforcement agency, such
wrecked vehicles shall be removed from the property as soon as possible.
Such wrecked vehicles may be stored in an outside area, provided that
such area is fenced with an opaque fence of sufficient height so as
to conceal the vehicles from ground-level view from the public road
or from any adjacent properties in a residential district, but not
higher than 10 feet.
G.
Display space. Lubricants for sale may be displayed
on the pump islands, in racks specifically designed therefor. Other
automotive merchandise may be displayed within three feet of the front
wall of the service station structure, but the total lot area (in
square feet) devoted to such exterior display shall not exceed the
linear footage of the front wall of such structure, less the distance
used for doorways, times a factor of two feet.
H.
There shall be no dumping of waste materials, such
as oil or grease, except in a closed, underground, noncorrosive receptacle,
at a place and of a design approved by the Board of Appeals. Debris
and trash shall be deposited in receptacles maintained therefor.
I.
There shall be no residence or sleeping quarters maintained
in any automotive service station.
In any district, the Board of Appeals may grant
a special permit for the operation of a bus passenger shelter, provided
that:
A.
The shelter shall not have dimensions greater than
20 feet by 10 feet nor a height greater than seven feet at the eaves.
B.
If such shelter is to be erected within the limits
of the public road, the consent of the Town Board shall be obtained
by the applicant; if such shelter is to be erected upon private property
the consent of the owner shall be evidenced by a suitable deed or
lease.
C.
Such bus shelter shall be designed and constructed
in a manner appropriate for the neighborhood in which it is sought
to be placed.
D.
The operating bus company shall furnish a bond to
the Town covering removal of such shelter at the company's expense,
in the event of the termination of its franchise or a change in route
which would bypass such structure.
E.
If determined necessary by the Board of Appeals, a
suitable pavement in front of the passenger shelter to allow buses
to stop off the traveled way shall be installed.
F.
If determined necessary by the Board of Appeals, suitable
landscaping shall be installed.
In any residence district, the Board of Appeals
may grant a special permit for the operation of a private club, provided
that:
A.
The privileges of the club shall be limited to bona
fide regularly enrolled members and guests accompanying them. The
club shall be operated solely for recreational, social, patriotic,
political, benevolent or athletic purposes and not for pecuniary gain,
but this requirement shall not be construed to prevent the utilization
or rental of such club or parts thereof for benefits or performances
for a recognized charity or for meetings of other organizations.
B.
The Board of Appeals may reduce the parking requirements
with respect to the number of members or family memberships in any
case where the maximum anticipated number of cars at the club, because
of its particular type, location, hours of operation, capacity of
club facilities or other reason. would be less than the requirements
of this chapter, but not less than one space for each three memberships,
provided that the club facilities are so laid out that there are lawn
areas or other spaces of ample size that could accommodate temporary
overflow parking equivalent to the amount of reduction of the requirements.
C.
A club, organized for purposes which are generally
conducted entirely within a building, shall be located on a site at
least one acre in area, but not less than the minimum lot size of
the district in which it is located. A club organized for purposes
one or more of which are usually conducted outdoors shall be located
on a site at least two acres in area, but not less than the minimum
lot size of the district in which located.
D.
All enclosed buildings shall be set back at least
75 feet from all street lines and at least 50 feet from all other
property lines. All other buildings and all outdoor activity areas
and facilities, other than golf courses, shall be set back at least
75 feet from all property lines. No setbacks shall be required for
golf courses except that the line from any tee to its green shall
be at least 100 feet from all property lines. No more than 10% of
the site shall be covered by buildings. The Board may permit the use
of an existing building not meeting the setback or area requirements
of this section for club purposes, provided that the club meets all
other standards and conditions of this chapter.
E.
The Board of Appeals may permit the use of outdoor
public-address systems, provided that no more sound shall carry beyond
the limits of the club site than would be inherent in the ordinary
residential use of the property. The permit may be contingent upon
a demonstration by the applicant of ability to meet this standard.
F.
No club shall be operated so as to create a nuisance
to surrounding properties. The Board of Appeals shall attach such
conditions to the permit and may require such fencing or equivalent
landscaping or such other facilities as are required to protect neighbors
from excessive light or noise or stray balls or other nuisances and
hazards, which would be inherent in the operation of the club. Any
use of a clubhouse or club site which involves the discharge of firearms,
bow and arrow or any other dangerous weapons shall be permitted only
upon compliance with all applicable state and local laws. The Board
of Appeals shall establish such facilities as are necessary to protect
neighboring properties from stray missiles and excessive noise.
G.
One dwelling unit may be located in the clubhouse
for use of the club manager or caretaker and his family. Sleeping
rooms or suites, without individual kitchen facilities, shall be permitted
for the overnight accommodation of club members and their guests,
but there shall be no more than one such sleeping room for each two
acres of site area.
H.
Except as set forth above, all the requirements of
the Schedule of Use Regulations[1] shall apply. A permit shall be issued to a qualified organization
for a specific use or purpose and for a maximum number of members
or seating capacity, and a new permit shall be required for any change
of organization, use or purpose or increase in maximum membership
or seating capacity.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
[1]
Editor's Note: Former § 125-71,
Hospitals, sanatoriums and nursing or convalescent homes, was repealed
12-19-1989.
Within any NB or CB District, the Board of Appeals
may grant a special permit for the operation of a motel or hotel,
provided that:
A.
Use of a hotel site and any buildings or structures
thereon shall be limited to the usual hotel activities and accessory
uses incidental to the operation of a hotel and of the same general
character, provided that all accessory uses shall be planned as an
integral part of the hotel and located on the same site therewith.
B.
The site for each hotel shall be at least seven acres
in area and shall have frontage of at least 300 feet on a state or
county road.
C.
All yards shall have a minimum width of 100 feet and
off-street parking and loading areas shall be at least 25 feet from
any property line.
D.
The maximum building coverage shall not exceed 10%
and the maximum length of any building shall not exceed 200 feet.
E.
There shall be no more than one hotel sleeping room
for each 3,000 square feet of site area or major portion thereof,
and no more than 100 sleeping rooms in any one hotel building.
F.
No building shall be more than two stories or 30 feet
in height.
[Amended 4-18-2023 by L.L. No. 5-2023]
Within any CB, RB or LI District, the Planning Board may grant a special permit for the operation of a kennel, as defined in § 125-3, provided that:
A.
Buildings and structures shall be located at least
15 feet from any road or property line, except that where a residential
district adjoins a property line, they shall be at least 50 feet from
such lines.
B.
The Planning Board shall require fencing or other
suitable enclosures for any facilities located outside of a building
and, in addition, may require buffer landscaping for screening purposes.
C.
Such use shall comply in all respects with the requirements
of the County Department of Health and such further safeguards as
the Planning Board may deem appropriate.
Within any residence district, the Board of
Appeals may grant a special permit for the operation of a landscape
nursery, provided that:
A.
The minimum lot area is that required by the zoning
district in which it is located or two acres, whichever is larger.
If the operation is conducted in conjunction with a residential use,
the minimum lot area shall be that required for the residential use,
plus two acres.
B.
No structures used for nursery purposes, including
greenhouses, shall be less than 75 feet from any property line.
C.
Total floor area of all buildings used for nursery
purposes shall not exceed 5% of the lot area. The floor area of all
structures used as greenhouses shall not exceed 1,500 square feet.
The Board of Appeals shall require such screening around all greenhouses
as it deems necessary to prevent the dissemination of excessive light
beyond the boundaries of the site.
D.
No unenclosed storage of equipment or of malodorous
or dust-producing substances shall be permitted.
E.
No retail sale of goods or products shall be permitted,
except those classes authorized by the Board of Appeals at the time
of the issuance of the special permit. The Board of Appeals may, however,
at the request of the owner and after public hearing as hereinbefore
provided, permit the owner of a nursery for which a special permit
has been issued to change or expand the classes of goods and products
which are sold. In general, such classes shall be limited to trees,
shrubs, flowers or other living plant material; plant and grass seeds;
the fertilizers, mulches, soil conditioners, weed-control chemicals,
etc., necessary for their propagation, nutriment and control; and
seasonal decorative plant material, such as Christmas trees, wreaths,
etc. It is not the intent of this subsection to permit the establishment
in a residence district of a garden furniture or garden hardware center.
F.
Exceptions.
(1)
Private gardens. The provisions of this section shall
not apply to and no special permit shall be required for the operation
of a private, noncommercial garden or greenhouse for personal use
only, none of the produce of which is offered for sale.
(2)
Wholesale nurseries. The provisions of this section
shall not apply to wholesale nurseries or propagation nurseries at
which no produce or other merchandise is offered for sale on the site
to the general public. Such nurseries are deemed to be farms and shall
be subject to the regulations of this chapter for farm uses.
(3)
Garden centers, florists and landscape contractors.
The provisions of this section shall not apply to garden centers which
sell garden furniture, hardware or equipment or to retail florists,
both of which are deemed to be business uses, or to landscape contractors'
yards in which heavy equipment, such as earthmoving or similar machinery,
is stored, which shall be deemed to be a light industrial use.
[Amended 7-20-1999]
In any residence district, the Board of Appeals
may grant a special permit for the construction and operation of a
private school, provided that:
A.
Such school shall comply with all licensing, site
area and dimensional requirements established for such schools by
the New York State Department of Education or Department of Social
Services.
B.
Such school shall have at least 250 feet of frontage
on an improved through or collector road as shown on the adopted Town
Development Plan.
C.
Maximum building area as a percent of lot area shall
not exceed 10%, and the maximum of building area, plus paved area,
as a percent of the lot shall not exceed 20%.
D.
All yard setbacks shall be equal to twice those required
in the adjoining district, but in no case shall such setbacks be less
than 75 feet.
E.
A buffer area of at least 20 feet in width, containing
evergreen landscaping or fencing as, in the judgment of the Board
of Appeals, will be adequate to screen the use from the neighboring
residential area, shall be required along all adjoining residential
property boundaries or across the street from residential properties,
except where driveway access is required.
[Added 7-20-1999]
A.
Intent.
(1)
It is the intent of this section to provide
adequate child care facilities in the Town of Bedford for workers
and residents in the Town of Bedford.
(2)
The Town Board recognizes the importance of
and need for child care facilities within the Town. However, the need
for child care shall not supersede the requirements to provide child
care in a manner that adequately protects the health, safety and general
welfare of the children to be served and the parents of those children.
B.
Permit requirements.
(1)
Family day-care homes and group family day-care
homes.
(a)
Family day-care homes and group family day-care
homes are subject to the regulations of the Department of Social Services
under Social Services Law, § 390, and its implementing regulations.
Family day-care homes and group family day-care homes are permitted
uses and are exempt from the special permit requirements of this section
and site plan review.
(b)
The provisions of the foregoing section notwithstanding, any building or structure to be erected, constructed, enlarged, altered, or used structurally altered or moved in connection with any child day-care use shall be subject to the building permit requirements of § 125-125A, B, E, F and G; the certificate of compliance requirement of § 125-126; and the certificate of occupancy requirement of § 125-127 hereof.
(2)
Child day-care centers, school-age child care and nursery schools in commercial and industrial districts. Child day-care center, school-age child care and nursery Schools are a permitted use in the RO, PB-O, PB-R, NB, CB, RB and LI Districts and shall be reviewed by the Planning Board in accordance with requirements set forth in § 125-86, site plan approval, and the dimensional requirements of the zoning district in which they are located.
(3)
Child care centers, school-age child care and
nursery schools in residential districts.
(a)
In any residence district, the Planning Board
may grant a special permit for the operation of a child day-care center
or school-age child care or nursery school use subject to compliance
with the requirements of this section.
(b)
The Planning Board may modify the requirements
of this section for uses within the properties of churches or other
places of worship or private schools where such modification will
not have the effect of nullifying the intent and purpose of these
regulations.
C.
Submission requirements for child care center, school-age
child care and nursery schools. The following items shall be submitted
with each application:
(1)
Special permit application form.
(2)
Survey.
(3)
Site plan with requirements as set forth in § 125-88, and also including, but not limited to, the following:
(a)
Proposed outdoor recreational space (play areas).
(b)
Proposed parking areas, dropoff and pickup areas.
(c)
Proposed emergency vehicular access.
(d)
Proposed landscaping buffers.
(e)
Proposed exterior lighting.
(f)
Proposed fences.
(g)
Existing and proposed buildings and structures.
(h)
Proposed signs.
(i)
Other physical features indicating existing
uses of buildings and structures on the subject property as well as
the ownership, current use and location of buildings on all adjacent
properties.
(j)
Location map showing street access.
(4)
Proposed interior floor plan, including but
not limited to proposed uses of all interior areas with dimensions,
entrances and exits, toilets, stairwells, fire and smoke detectors,
etc. Areas not designated for child use shall be so indicated.
(5)
Full description of proposed operation, including:
(a)
Opening and closing times.
(b)
Proposed interior floor space and exterior play
area per child.
(c)
Schedule of outdoor play area use, stating number
of children at any given time.
(d)
Total enrollment and staff and maximum number
of children on site at any one time.
(e)
Discussion of special events, such as large
group meetings, parent meetings or open-house days. Estimated dates
and time schedules shall be included.
(6)
A proposed daily transportation schedule, including
the following information:
(7)
A location map showing the proposed location
in the Town and an analysis of anticipated traffic impacts in the
local road network, such as difficult left turns, stacking or queuing
problems.
(8)
A copy of the formal application made to the
New York State Office of Children and Family Services or the New York
State Department of Education.
D.
Dimensional requirements for child day-care centers, school-age child care and nursery schools. The lot shall meet all requirements of § 125-50 herein for the district in which the use is located.
E.
Outdoor play areas for child day-care centers, school-age
child care and nursery schools.
(1)
Said facility shall include an outdoor fenced
play area of a size, design and location suitable for the specific
use of the children attending the facility.
(2)
The outdoor play area may be permitted in front of the residence structure but not within the minimum required front yard specified in § 125-50 for the district in which the use is located, if the Board determines that sufficient buffering is provided and the play area will be safety separated from vehicles.
(3)
A minimum of 75 square feet per student of outside
play space shall be provided for utilization at any one time.
(4)
Outdoor play areas shall be located no nearer
than 25 feet to any side property line and no nearer than 50 feet
to any rear property line and no nearer than 60 feet to any neighboring
residence that is not a part of the facility. An evergreen buffer
at least 20 feet in width shall be provided between the play area
and the side and rear property lines. These buffer requirements may
be modified by the Board if a site is located adjacent to a Town park
or other permanent open space. The required sixty-foot setback from
neighboring residences may be waived where the Planning Board finds
that the site contains unique features which allow suitable buffering
of the impacts to be achieved.
(5)
The outdoor play area shall be free from any
condition which is known to be hazardous and/or dangerous to the health
and safety of the children using the area. The outdoor play area shall
be a grassy area or some other suitable material.
(6)
The play area shall be completely fenced in
and separated from any driveways, streets or dropoff and or pickup
areas.
F.
Off-street parking and dropoff and pickup areas.
(1)
All parking shall be on site. There shall be
provided one space per three children enrolled and one handicapped
space.
(2)
No parking areas or dropoff and/or pickup areas
shall be permitted within the minimum front yard. Driveways may be
permitted within the minimum front yard.
(3)
A twenty-foot-wide evergreen buffer will be
provided between any parking areas or dropoff and pickup areas and
any property line. No parking areas, dropoff or pickup areas shall
be located less than 60 feet from any adjacent residence.
(4)
Each day-care center must provide dropoff and
pickup areas on the property. All vehicles that are dropping off or
picking up children must be accommodated on the site. The dropoff
and pickup area must be completely separated from the recreation and
play area. The dropoff and pickup area must provide direct access
to the facility and must provide separate standing and queuing areas.
(5)
All children shall be dropped off and picked
up on site, not on adjacent roadways.
G.
Additional conditions.
(1)
The Planning Board may require additional fencing
and landscaping and attach such other conditions and safeguards as
may be considered necessary to protect the character of the surrounding
residential neighborhood. The grounds and the exterior of the buildings
shall be kept and maintained in conformity with the standards of good
residential property.
(2)
Any special permit issued pursuant to this section
shall not be deemed effective until the applicant submits proof that
it has received approval for the facility from the New York State
Office of Child and Family Services or the New York State Education
Department.
(3)
Any modification of an approved site plan or
facility will require a new application for special permit and site
plan.
[Amended 5-21-2013 by L.L. No. 1-2013[1]]
In any district, the Planning Board may grant
a special permit for the construction of a public utility substation,
communication relay station, provided that:
A.
The facility shall serve the area of the Town of Bedford
and/or immediately adjacent communities.
B.
The minimum lot for a public utility facility shall
be that required by the zoning district in which it is located or
one acre, whichever is greater. The maximum building area, in percentage
of the lot, shall be 25%. There shall be provided suitable fencing
to protect the public and evergreen planting of sufficient height
and density to screen effectively the substation from surrounding
property.
C.
Setbacks.
(2)
The Planning Board may increase these required setbacks
or attach other conditions in order to prevent any hazard to the public
or noise nuisance to surrounding property. Substations which would
be a nuisance to surrounding property because of smoke, gas, odor,
heat or vibration shall not be permitted in any residence or business
district.
D.
There shall be adequate off-street parking area for
maintenance, service or other vehicles, but in no case less than two
parking spaces.
[1]
Editor's Note: This local law also provided that it take effect
immediately upon filing with the Secretary of State, and further provided
that all applications for special permit uses filed prior to its adoption
proceed pursuant to the law as it existed at the time of filing.
[Amended 5-21-2013 by L.L. No. 1-2013]
In any district, the Planning Board may grant
a special permit for the construction of public utility transmission
lines, provided that:
A.
The provisions of this section shall not apply to
telephone, electric light and power distribution lines usually located
along public highways or to local underground conduits, cables, gas,
sewer and water distribution mains or pipes, provided that such lines
are installed in accordance with nationally recognized standards in
such a manner and location so as not to create an unusual hazard or
otherwise jeopardize public safety.
B.
The lines shall serve the area of the Town of Bedford
and/or immediately adjacent communities, and it shall be clearly demonstrated
that such lines will not endanger the public or the surrounding property.
C.
A right-of-way of sufficient width shall be provided
to permit the safe construction and maintenance of the transmission
line and to prevent any nuisance or hazard to surrounding property.
Transmission towers shall be located along the center line of the
right-of-way. The right-of-way shall be of sufficient width so that
the horizontal distance between any base of any transmission tower
and the boundary of the right-of-way is at least equal to the height
of the tower.
D.
In built-up areas, the Planning Board may require
that the lines be located underground.
E.
The Planning Board shall require suitable fencing
and landscaping of the right-of-way and of the towers or other structures,
where such fencing and landscaping is required for the safety of the
public or conservation of the values of surrounding property.
F.
Any substations along such transmission lines shall be subject to the provisions of § 125-76 of this Article.
G.
Gas booster stations or storage tanks shall not be
permitted.
In any district, the Planning Board may grant
a special permit for the boarding of 10 or more horses, provided that:
A.
Barns and manure storage areas shall be located at
least 50 feet from any property line and at least 150 feet from any
existing residence other than that on the lot. Fences and all exercise
yards or pasture lands shall be located at least five feet from each
property line. Abutting lots with common beneficial ownership shall
be considered a single lot.
B.
All feed shall be housed in rodentproof containers.
C.
Such use shall comply in all respects with the requirements
of the Westchester County Department of Health.
D.
Commercial livery stables are not permitted.
E.
The Planning Board may specify other requirements
as applicable to the circumstances of a particular case.
[Amended 5-15-1984; 7-25-1989]
A.
It is the intention of this section to permit the
creation, subject to the standards listed below, of accessory apartments
in the Town for the purposes of maintaining a supply of small rental
or owner-occupied housing units designed to meet the needs of persons,
both young and old, of moderate income and to permit the efficient
use of the Town's housing stock by providing economic support for
owners of larger structures and incentives for maintenance of these
structures. To achieve these goals and to promote the other objectives
of the Zoning Ordinance to serve the health and welfare of the Town's
people, the regulations below have been created.
B.
In all residence districts, the Planning Board may
grant a special permit to create an accessory apartment in an existing
single-family dwelling, but not in an accessory structure, provided
that:
(1)
The residence structure, including all additions,
in which the accessory apartment is to be located shall have been
in existence prior to the adoption of this chapter. No permit for
an accessory apartment shall be granted until five years after the
construction of the entire structure, including all additional and
all accessory structures. Should alterations be made to a pre-1989
building for which an accessory apartment or cottage is later requested,
no permit shall be granted until five years after the construction
of the entire structure, including all additions, and all accessory
structures.
[Amended 8-4-1992]
(2)
The owner of the lot on which the accessory apartment
is located shall occupy at least one of the dwelling units on the
premises.
(3)
No more than five persons shall occupy the lot.
(4)
There shall be no more than one accessory apartment
per lot.
(5)
The lot must meet the lot area, yard and coverage
requirements for the zoning district in which it is located. The Planning
Board may reduce these requirements by not more than one-third (1/3)
where it determines that this reduction will conform to the spirit
of the regulations and will enable the proper development of the property,
including adequate parking areas and accessibility and compliance
with health and safety requirements.
(6)
A separate entrance shall be provided for the accessory
apartment at the side or rear of the structure. No exterior changes
shall be made to the dwelling which, in the opinion of the Planning
Board, will alter the single-family character of the dwelling.
(7)
No fewer than two off-street parking spaces suitable
for year-round use shall be provided on the lot. No new driveway access
to the street shall be permitted. The Board may require the installation
of screening and/or planting to buffer parking areas from the street
or from adjoining residences.
(8)
The accessory apartment shall contain at least 400
square feet and not more than 800 square feet of gross floor area
but shall not exceed 25% of the total floor area of the principal
residence structure unless, in the opinion of the Planning Board,
a greater or lesser amount of floor area is warranted by the specific
circumstances of the particular building.
(9)
In lieu of the requirements of Article VII, § 125-58, of this chapter requiring the submission of a preliminary site plan, an applicant under this section shall furnish sufficient data to indicate existing building and lot conditions to enable the Planning Board and Building Inspector to review the application and the Building Inspector to inspect the premises. This information shall include an informal, dimensional floor plan of the proposed accessory apartment. No preliminary site plan fee is required. An application fee shall be paid as listed in the fee schedule adopted by the Town Board.
(10)
The approval of the Westchester County Department
of Health must be obtained for water supply and sewage disposal systems
prior to the approval of the special use permit.
(11)
The Building Inspector shall inspect the proposed
accessory apartment and report, in writing, any deficiencies to the
Planning Board prior to the granting of the special use permit.
(12)
The duration of the permit shall be limited
to five years and may be renewed by application to the Building Inspector.
Prior to the renewal of the permit, the Building Inspector shall inspect
the building and determine that all of the criteria above and those
imposed upon the original special use permit continue to be met. The
property owner shall pay to the Town Clerk a fee, in an amount set
forth in the Town fee schedule, for all inspections pursuant to this
section.
[Amended 6-18-2013 by L.L. No. 2-2013]
[Added 7-25-1989]
A.
In the R-2A and R-4A Districts, the Planning Board
may grant a special permit to create a cottage in an existing accessory
building, provided that:
(1)
The accessory building in which the cottage
is to be located shall have been in existence prior to the adoption
of this chapter. No permit for a cottage shall be granted until five
years after the construction of the accessory building, including
all additions.
(2)
The total floor area to be occupied by the cottage
within the accessory building must have been in existence prior to
the adoption of this chapter.
(3)
The owner of the lot on which the cottage is
to be located shall occupy at least one of the dwelling units on the
premises.
(4)
There shall be no more than one cottage or accessory
apartment per lot.
(5)
The lot must meet the lot area, yard and coverage
requirements for the zoning district in which it is located. The Planning
Board may reduce these requirements by not more than one-third (1/3)
where it determines that this reduction will conform to the spirit
of the regulations and will enable the proper development of the property,
including adequate parking areas and accessibility and compliance
with health and safety requirements. In the case where the accessory
structure does not meet yard requirements, the Planning Board may
require that no windows shall face the adjacent owner's property and
may require the installation of screening and/or planting to buffer
the accessory structure from adjoining residences.
[Amended 8-4-1992]
(6)
A minimum of two off-street parking spaces suitable
for year-round use shall be provided on the lot. The Board may require
the installation of screening and/or planting to buffer parking areas
from the street or adjoining residences. A single driveway shall be
used for access to both the main residence and cottage.
(7)
The cottage shall contain at least 400 square
feet and not more than 800 square feet of gross floor area, but shall
not exceed 25% of the total floor area of the principal residence
structure unless, in the opinion of the Planning Board, a greater
or lesser amount of floor area is warranted by the specific circumstances
of the particular building.
(8)
In lieu of the requirements of Article VII, § 125-58, of this chapter requiring the submission of a preliminary site plan, an applicant under this section shall furnish sufficient data to indicate existing building and lot conditions to enable the Planning Board and Building Inspector to review the application and the Building Inspector to inspect the premises. This information shall include an informal, dimensional floor plan of the proposed cottage. No preliminary site plan fee is required. An application fee shall be paid as listed in the fee schedule adopted by the Town Board.
(9)
The approval of the Westchester County Department
of Health must be obtained for water supply and sewage disposal systems
prior to the approval of the special use permit.
(10)
The Building Inspector shall inspect the proposed
cottage and report, in writing, any deficiencies to the Planning Board
prior to the granting of the special use permit.
B.
The duration of the permit shall be limited to five
years and may be renewed by application to the Building Inspector.
Prior to the renewal of the permit, the Building Inspector shall inspect
the building and determine that all of the criteria above and those
imposed upon the original special use permit continue to be met. The
property owner shall pay to the Town Clerk a fee, in an amount set
forth in the Town fee schedule, for all inspections pursuant to this
section.
[Amended 6-18-2013 by L.L. No. 2-2013]
In any residence district, the Board of Appeals
may grant a special permit for a cemetery, subject to compliance with
the conditions of all other agencies with jurisdiction over this use.
In any district, the Board of Appeals may grant
a special permit for a reasonable period of time not to exceed two
years for temporary structures and uses not permitted by this chapter
in the districts in which they are to be located.
[Amended 5-21-2013 by L.L. No. 1-2013]
In any residence district, the Planning Board
may grant a special permit for a philanthropic or eleemosynary use
or institution, Such use or institution shall have frontage and access
on a county or state road. Applicants for this permit shall be required
to demonstrate their nonprofit status as well as their community purpose.
For the purposes of promoting the public health, safety, morals and
general welfare, the Planning Board may establish conditions to mitigate
the effect of such use on neighboring properties.
In any residence district, the Board of Appeals
may grant a special permit for a church or other place of worship.
[Amended 5-21-2013 by L.L. No. 1-2013]
In any residence district, the Planning Board
may grant a special permit for the operation of a group-care facility,
subject to the following:
A.
The minimum lot area required for the establishment
of a group-care facility shall be the same as that required for other
dwellings in the district in which it is located, except that the
minimum lot area requirement shall be increased by 10% for each nonsupervisory
resident in excess of six up to the maximum permitted number of 12.
B.
For purposes of furthering the state's dispersal and
deinstitutionalization policy, to prevent the undue concentration
of group-care facilities in any one area and to preserve the social
as well as the physical character of one-family residential neighborhoods,
no new group-care facility shall be established within one-half (1/2)
mile of any existing such facility.
C.
A minimum of one off-street parking space shall be
provided for each vehicle located at the group-care facility or operated
on a daily basis in connection therewith, but in no case shall less
than two off-street parking spaces be provided.
D.
In addition to all other normally required items of
information, the following additional documentation shall also be
submitted with the special permit application:
(1)
A copy of the operating certificate issued by the
New York State Department of Social Services or Department of Mental
Hygiene.
(2)
Copies of all correspondence between the applicant
and the State of New York with respect to the proposed facility.
(3)
A complete statement of the proposed type, number,
age and permanency of residence of the persons to be cared for, and
the number and qualifications of both resident and nonresident adult
supervisory personnel.
(4)
A complete statement of the applicant's plans for
the social and economic integration of the projected residents into
the community, including their educational, employment and recreational
needs, transportation and service requirements and any other such
information as may be relevant and determined necessary by the Planning
Board.
(5)
A vicinity map indicating the location of the proposed
facility in relation to other existing group care facilities or other
similar types of care facilities within a radius of two miles of the
subject site.
[Amended 5-21-2013 by L.L. No. 1-2013]
In the LI District, the Planning Board may grant
a special permit for the operation of a solid waste transfer station,
provided that the site is located on a state or county road and will
not adversely affect traffic on residential roads.
[Added 10-29-1985]
Within the PB-O(K) District, the Planning Board
may grant a permit subject to the following:
A.
Uses. Sites in the PB-O(K) District may be used for
business and professional offices, including executive, medical, administrative,
editorial, educational, engineering, financial and statistical purposes,
and two-family dwellings in buildings existing prior to September
1, 1985.
B.
Lots less than 20,000 square feet. Residential structures
which are existing in the PB-O(K) District and are on lots less than
20,000 square feet in area may be converted to office or two-family
use, provided that there is no physical enlargement of the structure
and the lot area is not reduced.
C.
Landscaping. In addition to the requirements of §§ 125-24 and 125-108, the following shall apply: Landscaping of those portions of the property not covered by buildings, driveways, walks or parking areas shall be required. Where a side or rear yard abuts a residence district boundary, Sunrise Avenue, Orchard Street or Congdon Lane, evergreen trees or shrubs, of such type and spacing as may be required by the Planning Board, shall be planted. Such plantings shall have an initial height of at least five feet and shall be planted in sufficient density to screen from view from abutting land in the residence district any accessory parking, loading or storage area and any business operations not hidden by buildings or other walls and fences. A fence or wall, suitable in appearance to the surrounding area, may be substituted for or required in addition to the landscaping, upon a finding by the Planning Board that such wall or fence will better achieve the desired screening effect. Proper maintenance of all landscaping shall be a continuing requirement. No driveway, parking, loading, storage or other area with a paved or graveled surface shall be located within 25 feet of a residence district boundary.
D.
Driveway access. All vehicular access to uses in the
PB-O(K) District shall be only over Bedford Road (Route No. 117).
No driveway shall be located within 25 feet of a residence district
boundary.
E.
Working hours. The normal hours of operation of office
uses in the PB-O(K) District shall be limited to between 7:00 a.m.
and 8:00 p.m.
F.
Refuse disposal. Storage of refuse shall be within
the principal building or within a locked, roofed accessory building.
[Added 3-2-1999 ; amended 5-21-2013 by L.L. No. 1-2013; 3-26-2018 by L.L. No. 2-2018; 12-18-2018 by L.L. No. 19-2018; 6-18-2024 by L.L. No. 4-2024]
A.
Purpose and legislative intent.
(1)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance, and use of wireless
telecommunications facilities in the Town of Bedford. While the Town
recognizes the importance of wireless communications facilities in
providing high-quality communications service to its residents and
businesses, the Town also recognizes that it has an obligation to
protect public safety and to minimize the adverse effects of such
facilities.
(2)
By enacting this section, the Town intends to:
(a)
Provide for the managed development of wireless telecommunications
facilities in a manner that enhances the benefits of wireless communications
and accommodates the needs of Town residents, Town businesses and
wireless carriers in accordance with federal, state and local laws
and regulations;
(b)
Establish fair and efficient processes for review and approval
of applications;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of wireless telecommunications facilities
in the Town;
(d)
Address and provide for new wireless technologies, including,
but not limited to, small macrocell and small cells;
(e)
Encourage the location of wireless communications facilities
on existing structures, including but not limited to wireless communications
structures, rather than the construction of new structures;
(f)
Protect Town residents and businesses from potential adverse
impacts of wireless communications facilities, to the extent permitted
under law, and to attempt to preserve the visual character of established
communities and the natural beauty of the landscape;
(g)
Minimize safety hazards and avoid potential damage to adjacent
properties through proper locational, engineering and operational
requirements;
(h)
Minimize adverse visual and aesthetic impacts of wireless telecommunications
facilities to the maximum extent practicable through careful design,
siting, landscaping, screening and innovative camouflaging techniques;
(i)
Protect the physical appearance of the Town and preserve its
scenic and natural beauty;
(j)
Protect the public health, safety and welfare;
(k)
Protect property values of the community;
(l)
Minimize the impact of such facilities on residential properties;
(m)
Encourage the siting of wireless telecommunications services
facilities on properties and areas which are not used exclusively
for residential purposes; and
(n)
Protect, to the maximum extent practicable, aesthetic qualities,
the open space character of the Town of Bedford, the property values
of the community, the health and safety and well-being of citizens,
and a citizen's ability to receive communication signals without
interference from other communication providers, while not unreasonably
limiting competition among communication providers.
B.
ACCESSORY OR ANTENNA EQUIPMENT
ANTENNA
BASE STATION
(1)
(2)
(3)
(4)
CO-LOCATION
EAF
FAA
FCC
HEIGHT
LARGE MACROCELL
LARGE WIRELESS FACILITY
MODIFICATION
MONOPINE
MONOPOLE
NIER
PERSON
PUBLIC RIGHT-OF-WAY
REPLACEMENT
SMALL MACROCELL
SMALL WIRELESS FACILITY
(1)
(2)
(3)
(4)
(5)
(6)
STEALTH TECHNOLOGY
STRUCTURE
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
(5)
(6)
TRANSMISSION EQUIPMENT
UTILITY POLE
WIRELESS TELECOMMUNICATIONS FACILITY
WIRELESS TELECOMMUNICATIONS PROVIDER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment serving or being used in conjunction with wireless
telecommunications facilities and located on the same property or
lot as the wireless telecommunications facilities, including, but
not limited to, utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters, buildings and similar structures, and, when co-located
on a structure, which is mounted or installed at the same time as
an antenna.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location,
for the provision of personal wireless service (whether on its own
or with other types of services). For purposes of this definition,
the term "antenna" does not include an unintentional radiator, mobile
station, or device authorized under Part 15 of Title 47 of the United
States Code.
A structure or equipment at a fixed location that enables
Commission-licensed or Commission-authorized wireless communications
between user equipment and a communications network.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, power or communication cabling, including coaxial or fiber-optic
cable, regular and backup power supplies, and comparable equipment,
regardless of technological configuration (including distributed antenna
systems and microcell networks).
Consistent with the Nationwide Programmatic Agreement (NPA)
for the co-location of wireless antennas, mounting or installing an
antenna facility or facilities on a preexisting structure, that may
or may not already host wireless facilities, with associated modifications
as required.
The environmental assessment form approved by the New York
State Department of Environmental Conservation, or a successor form.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a structure, the distance measured from
the preexisting grade level to the highest point on the structure,
including the antenna and any other appurtenances, guy wires or other
technical components.
Any macrocell not considered a small macrocell.
Any wireless telecommunications facility that is not a small
wireless facility, including large macrocells and small macrocells,
that is not considered a small wireless facility.
The improvement, upgrade or expansion of existing wireless
communications facilities, or the improvement, upgrade or expansion
of the wireless communications facilities located within an existing
equipment compound if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
communications facilities.
A monopole disguised as a pine tree.
A wireless communications support structure which consists
of a single pole, designed and erected on the ground or on top of
a structure, to support a wireless communications antenna and municipal
accessory equipment.
Nonionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or any other entity.
Any way over which the public possesses the right to travel,
which heretofore has been duly laid out, adopted and established by
law, including "adverse possession" whether publicly owned or not.
The term "road" includes state, county and Town highways and roads,
streets, squares, places, courts, boulevards, parkways and other ways,
however designated, to which the public has access.
The replacement of existing wireless communications antenna
on any existing support structure or on existing accessory equipment
for maintenance, repair or technological advancement with equipment
composed of the same wind loading and structural loading that is substantially
similar in size, weight, and height as the existing wireless communications
antenna and which does not substantially change the physical dimensions
of any existing support structure.
A wireless telecommunications facility that is not a small
wireless facility consisting of an antenna closely mounted to an existing
or new structure no higher than 100 feet if the new structure is to
be a telecommunications structure.
A wireless telecommunications facility that meets each of
the following conditions:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas and backup power and related backup power equipment) is cumulatively
no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration
under Part 17;
The facility is not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facility does not result in human exposure to radio-frequency
radiation in excess of the applicable safety standards specified in
Rule 1.1307(b).
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or which serve to blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted facilities, building-mounted antennas painted to match
the existing structure, and facilities constructed to resemble trees,
shrubs, light poles, and the like.
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or commingled with other types of services).
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
The mounting of a proposed antenna on existing towers that would
increase the original height of the tower by more than 10%, or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other eligible support structures, it increases the height of
the structure by more than 10% or more than 10 feet, whichever is
greater.
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter.
The mounting of the proposed antenna would involve adding an
appurtenance to the body of an existing wireless telecommunications
support structure that would protrude from the edge of the original
support structure more than 20 feet, or more than the original width
of the support structure at the level of the appurtenance, whichever
is greater; for other eligible support structures, it involves adding
an appurtenance to the body of the structure that would protrude from
the edge of the structure by more than six feet, except that the mounting
of the proposed antenna may exceed the size limits herein if necessary
to shelter the antenna from inclement weather or to connect the antenna
to the support structure via cable.
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site.
The modification defeats concealment and/or stealth elements
of the support structure.
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Equipment that facilitates transmission for any Commission-licensed
or Commission-authorized wireless communications service, including,
but not limited to, radio transceivers, antennas, coaxial or fiber-optic
cable, and regular and backup power supply. The term includes equipment
associated with wireless communications services, including, but not
limited to, private, broadcast, and public safety services, as well
as unlicensed wireless services and fixed wireless services such as
microwave backhaul.
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function, regardless
of ownership, including Town-owned poles or poles owned by other utility
companies. Any utility pole in excess of 50 feet, with wireless telecommunications
equipment attached, shall be deemed a large wireless facility.
A structure, facility or location designed or intended to
be used as, or used to support, antennas, along with any antennas
located on such structure and any accessory equipment. It includes,
without limit, freestanding towers, guyed towers, monopoles, small
cell, small macrocell or small wireless facilities on utility poles
in the public right-of-way or property of the Town or within the Town
and similar structures that employ stealth technology, including,
but not limited to, structures such as a multistory building, church
steeple, silo, water tower, sign or other similar structures intended
to mitigate the visual impact of an antenna or the functional equivalent
of such. It includes any structure, antennas and accessory equipment
intended for transmitting and/or receiving radio, television, cellular,
paging, 911, personal telecommunications services, commercial satellite
services, microwave telecommunications or other cellular communications
technologies, but excluding those used exclusively for the Town's
fire, police, ambulance and other dispatch telecommunications for
New York State, Westchester County, Bedford Town governments or governmental
agencies, or exclusively for private radio and television reception
and private citizen's bands, amateur radio and other similar
telecommunications.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
C.
Permits for wireless telecommunications facilities.
(1)
Except as otherwise provided by this section, no person shall
be permitted to site, place, build, construct, modify or prepare any
site for the placement or use of wireless telecommunications facilities
without having first obtained either a special use permit for a large
wireless facility or a small wireless permit for a small wireless
facility.
(2)
Notwithstanding anything to the contrary in this section, any
application for a wireless telecommunications facility that does not
substantially change the dimensions of a wireless telecommunications
facility shall not require a special use permit or a small wireless
facility permit. In the event that a modification to, or replacement
of, an existing wireless telecommunications facility does not substantially
change such existing wireless telecommunications facility, all that
shall be required is a building permit from the Town Building Inspector.
(3)
A repair and/or maintenance of an existing wireless telecommunications
facility shall not require a special use permit or small wireless
facility permit.
(4)
In addition to the requirements set forth for the issuance of a small wireless facility permit or special use permit for a wireless telecommunications facility to be located in a public right-of-way as set forth in this section, any telecommunications provider seeking to place a wireless telecommunications facility in the public right-of-way shall also comply with the procedures and requirements set forth in Chapter 104 of the Town Code relating to conducting construction activities within the public right-of-way. To the extent any provisions in Chapter 104 are inconsistent with the provisions set forth in this section, the provisions in this section shall control.
(5)
Notwithstanding the provisions set forth in this § 125-85.2.C,
in the event an application seeks to place a wireless telecommunications
facility on property owned or controlled by the Town, other than within
a Town-owned public right-of-way, such application shall be exempt
from the requirements of this section and shall remain within the
sole and absolute discretion of the Town Board, which may impose such
conditions on any such use as it deems appropriate. Nothing herein
shall be deemed to create any right or entitlement to use Town property
for such wireless telecommunications facility.
(6)
In the event any conflict exists between federal or state laws
or regulations and any provision of this Wireless Telecommunications
Law, the provisions of the most recently adopted federal or state
laws or regulations shall be applied and control.
D.
Small wireless facility permit required.
(1)
All small wireless facilities shall require a small wireless
facility permit to be issued by the Planning Board.
(2)
The Planning Board shall be empowered to condition the issuance
of a building permit upon implementation of stealth technologies or
other measures which mitigate visual effect.
(3)
All applications for small wireless facilities permits shall
comply with all applicable provisions of this section. However, notwithstanding
anything to the contrary, where appropriate, the Planning Board shall
have the authority to waive any requirements set forth in this section
relating to an application for, or approval of, a small wireless facility
permit, provided that it would further the purposes of this section.
(4)
Unless otherwise set forth in this chapter, a wireless telecommunications
facility not meeting the requirements set forth for small wireless
facilities shall require a special use permit from the Planning Board.
E.
Applications for small wireless facilities.
(1)
Upon receipt of an application for a small wireless facility,
the Planning Board shall review said application and plans in accordance
with the standards and requirements set forth in this chapter.
(2)
The Planning Board may attach such conditions and safeguards
to any small wireless facilities permit and site development plan
as are, in its opinion, necessary to ensure initial and continued
conformance to all applicable standards and requirements.
(3)
No application shall be accepted and no small wireless facilities
permit shall be issued for a property where the Building Inspector
has found, or there exists, a violation of the Town Code and where
such violation has not been corrected.
(5)
An application for a small wireless facilities permit shall
be signed on behalf of the applicant by the person preparing the same
and with knowledge of the contents and representations made therein
and attesting to the truth and completeness of the information. The
landowner, if different than the applicant, shall also sign the application.
At the discretion of the Planning Board, any false or misleading statement
in the application may subject the applicant to denial of the application
without further consideration or opportunity for correction.
(6)
The applicant shall provide documentation to verify it has an
interest in the site where the small wireless facility is to be located,
if not within the public right-of-way. Said documentation may be in
the form of a deed, contract or sale or lease for the property, or
other documentation evidencing permission from the property owner
acceptable to the Town Attorney, depending on whether the applicant
is the property owner, contract vendee, lessee or potential developer
of the property in question.
(7)
The applicant shall include a statement, in writing, that:
(a)
The applicant's proposed small wireless facility shall
be maintained in a safe manner and in compliance with all conditions
of the small wireless facility permit, without exception, as well
as all applicable and permissible federal, state and local laws, statutes,
codes, rules and regulations; and
(b)
The construction of the small wireless facility is legally permissible,
including, but not limited to, the fact that the applicant is authorized
to do business in New York State.
(8)
At the Planning Board's request, if the applicant is proposing
a new structure for the purpose of supporting a small wireless facility,
the application may be accompanied by a map which shows the applicant's
existing and proposed area of coverage, to the extent the applicant
does not accept the existing Town maps showing wireless coverage in
the Town. Such map should locate all existing wireless telecommunications
facility sites within the Town and within one mile of the proposed
small wireless facility in bordering communities.
(9)
In addition to all other required information as stated in this
section, all applications for the construction or installation of
a new small wireless facility or modification of an existing small
wireless facility shall contain the following information:
(a)
A descriptive statement of the objective(s) for the new facility
or modification, including and expanding on a need such as coverage
and/or capacity requirements;
(b)
Documentation that demonstrates and proves the need for the
small wireless facility to provide service primarily and essentially
within the Town. Such documentation shall include, but not be limited
to:
[1]
Information relating to all other wireless telecommunications
facilities or antennas associated with such wireless telecommunications
facilities that are to be deployed in the Town in conjunction with
the proposed small wireless facility; and
[2]
Propagation studies of the proposed site and all
adjoining planned, proposed, in-service or existing sites that demonstrate
a significant gap in coverage and/or if a capacity need, including
an analysis of current and projected usage;
(c)
The name, address and phone number of the person preparing the
report;
(d)
The name, address, and phone number of the property owner, operator
and applicant;
(e)
The postal address and Tax Map parcel number of the property;
(f)
The zoning district or designation in which the property is
situated;
(g)
The size of the property, stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines, if the proposed small
wireless facility is located outside the public right-of-way or within
250 feet if located in the public right-of-way.
(h)
The location of the nearest residential structure;
(i)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(j)
A site plan describing any new proposed structure and antenna(s)
and all related fixtures, accessory equipment, appurtenances and apparatus,
including, but not limited to, height above preexisting grade, materials,
color and lighting;
(k)
Documentation justifying the total height of any proposed antenna
and structure and the basis therefor. Such justification shall be
to provide service within the Town, to the extent practicable, unless
good cause is shown; and
(10)
In addition to all other required information as stated in Subsection E(9) above, the Planning Board may require applications for the construction or installation of new small wireless facilities, or any substantial change to an existing small wireless facility, to contain the following information if determined to be required during the course of the Planning Board's review:
(a)
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed facility is located outside
the public rights-of-way;
(b)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(c)
The make, model, type and manufacturer of the support structure
and a design plan stating the support structure's capacity to
accommodate multiple users;
(d)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(e)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna(s);
(f)
Direction of maximum lobes and associated radiation of the antenna(s);
(g)
Applicant's proposed support structure and accessory equipment
maintenance and inspection procedures and related system of records;
(h)
Certification that NIER levels at the proposed site will be
and remain within the current threshold levels adopted by the FCC;
(i)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(j)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(k)
Information relating to the expected useful life of the proposed
large wireless facility;
(l)
Engineering studies, plans, and/or certifications prepared by
a NYS licensed professional engineer to ensure the feasibility, accessibility,
constructability, and stability of the proposed wireless telecommunications
facilities on the proposed site. Such studies, plans, and certifications
may include topographic and geomorphologic analyses, geotechnical
and slope stability studies taking into account the subsurface and
substrate conditions, stormwater management studies and drainage plans,
clearing and grading plans, and erosion and sediment controls; and
(m)
Information relating to intended future co-locations on the
small wireless facility that may result in a further increase in the
size or height of the proposed large wireless facility.
(11)
The applicant shall furnish written certification that the small
wireless facility and attachments are designed and will be constructed
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. If the wireless facility
is subsequently approved and constructed, as-built certification indicating
that the facility has been constructed in accordance with all standards
shall be furnished to the Town prior to issuance of any certificate
of occupancy or compliance.
(12)
All proposed small wireless facilities shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies as
directed by the Planning Board, where appropriate, and will thereby
have the least-adverse visual effect on the environment, the character
of the community, surrounding properties and on the residences in
the area of the wireless telecommunications facility.
F.
General and specific requirements for small wireless facilities.
(1)
Design. All small wireless facilities shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. All small wireless facilities
shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Town.
(2)
Wind and ice. All small wireless facilities structures 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/EIA/TIA-222,
as amended).
(3)
Aviation safety. Small wireless facilities shall comply with
all federal and state laws and regulations concerning aviation safety.
(4)
Public safety communications. Small wireless facilities shall
not interfere with public safety communications or the reception of
broadband, television, radio or other communications services enjoyed
by occupants of nearby properties.
(5)
Radio frequency emissions. A small wireless facility shall not,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended. When
a small wireless facility is complete, as-built readings will be taken
and submitted to the Town. As-built readings will be repeated and
resubmitted following any replacement, upgrade, or major maintenance
activities.
(6)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
Small wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Town's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
The owner or operator of a small wireless facility shall maintain
standby power generators or batteries capable of powering the small
wireless facility for at least 12 hours without additional public
utility power and indefinitely with a continuous or replenished fuel
supply, where appropriate. Such standby power shall activate automatically
upon the failure of public utility power to the site. Notwithstanding
the foregoing, the Planning Board may waive the requirement for backup
power, where appropriate, including, but not limited to, when a small
wireless facility is not located in a densely populated area or on
a major thoroughfare.
G.
Approval procedures.
(1)
For small wireless facility applications, the Planning Board
may, at its discretion, require a public hearing.
(2)
In any district, the Planning Board may grant a small wireless
facility permit for the construction of the wireless telecommunications
facility.
(3)
All decisions of the Planning Board involving applications for
a small wireless facility permit shall be in writing and supported
by substantial evidence contained in a written record.
(4)
Time frames for approval.
(a)
Within 60 days of receipt of a complete application for the
co-location of a small wireless facility on a preexisting utility
pole, monopole or other existing structure, the Planning Board shall
make a final decision on whether to approve the application and shall
notify the applicant in writing of such decision.
(b)
Within 90 days of receipt of a complete application for a small
wireless facility on a new utility pole, monopole or other structure,
the Planning Board shall make a final decision on whether to approve
the application and shall notify the applicant in writing of such
decision.
(c)
Within 10 days of receipt of an incomplete application for a
small wireless facility, the Town shall notify the applicant in writing
of any supplemental information required to complete the application.
Upon receipt of an applicant's supplemental information in response
to the initial notification of incompleteness by the Town, the applicable
shot clock will reset to zero, and the Town shall have the full 60
days or 90 days permitted by law to act on the completed application.
(d)
For any subsequent determinations of incompleteness beyond the
initial, the Town shall notify the applicant of any required supplemental
information within 10 days of receipt of the supplemental submission,
and such notice shall toll the applicable shot clock until the applicant
submits the required supplemental information.
(5)
All time periods set forth in this section reference calendar
days.
H.
Location.
(1)
Applications for small wireless facilities shall locate, site
and erect said facility in accordance with the following priorities,
Subsection H(a) being the highest priority and Subsection H(g) being
the lowest priority, unless the Planning Board determines that a less
intrusive or nonintrusive lower priority alternative site is available.
(a)
Co-location on existing utility poles, monopoles or other structures
including, but not limited to the public rights-of-way;
(b)
Locating on an existing structure in the Town;
(c)
On lands owned or controlled by the Town, including, but not
limited to, the Town public rights-of-way;
(d)
On lands within the Town owned or controlled by other municipal
corporations, to the extent permitted by such other municipal corporations
serving the Town of Bedford;
(e)
On nonresidential zoned properties;
(f)
On properties occupied by a nonresidential use within a residential
zoning district;
(g)
On properties zoned for residential use; and
(h)
No small wireless facilities shall be permitted in the Bedford
Historic District, Katonah Historic District, or on any property designated
pursuant to the Town Historic Building Preservation Law as a Tier
I property, unless the applicant demonstrates to the Planning Board's
satisfaction that the selected site is necessary to provide adequate
service and no less intrusive or nonintrusive alternative site exists.
Approval shall be required from the Bedford Village Historic District
Review Commission, the Katonah Historic District Advisory Commission,
or the Historic Building Preservation Commission, as appropriate,
before any small wireless facility is approved by the Planning Board
for a site in the Bedford Historic District, Katonah Historic District,
or on any property designated as a Tier I property.
(2)
If the proposed site is not proposed for the highest priority
listed above, then a detailed explanation must be provided as to why
a site of a higher priority was not selected. The applicant seeking
such an exception must satisfactorily demonstrate the reason or reasons
why such a special use permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
(3)
An applicant may not bypass sites of higher priority by stating
the site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Planning
Board why co-location is commercially impracticable.
(4)
Notwithstanding the above, the Planning Board may approve any
site located within the Town, provided that the Planning Board finds
that the proposed site will further the purposes of this section,
is in the best interest of the safety, public welfare, character and
environment of the Town and will not have a deleterious effect on
the nature and character of the community and surrounding properties.
I.
Height.
(1)
Small wireless facilities shall be no higher than the minimum
height necessary. The proposed height, which may be in excess of the
maximum height permitted for other structures in the applicable zone,
shall address any additional height necessary to accommodate co-location
by additional antenna arrays, but under no circumstances is the height
to be in excess of what is permitted for small wireless facilities.
J.
Setback. All wireless telecommunications that support structures
for small wireless facilities located outside the public right-of-way
shall be set back from the property line of the lot on which they
are located a distance equal to not less than the total height of
the facility, including the support structure, measured from the highest
point of such support structure to the finished grade elevation of
the ground on which it is situated, plus 10% of such total height.
The Planning Board may reduce such setback requirements based upon
consideration of lot size, topographic conditions, adjoining land
uses, landscaping, other forms of screening and/or structural characteristics
of the proposed support structure.
K.
Visibility.
(1)
All small wireless telecommunications facilities shall be sited
so as to have the least-adverse visual effect on the environment and
its character, on existing vegetation and on the residents in the
area of the wireless telecommunications facilities sites. If lighting
is required, the applicant shall provide a detailed plan for sufficient
lighting of as unobtrusive and inoffensive an effect as is permissible
under federal, state and local laws, statutes, codes, rules or regulations.
(2)
Both the small wireless telecommunications facility and any
and all accessory equipment shall maximize use of building materials,
colors and textures designed to blend with the structure to which
it may be affixed and/or to harmonize with the natural surroundings.
(3)
Small wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by law.
(4)
Electrical and land-based telephone lines extended to serve
the wireless telecommunications services facility sites shall be installed
underground.
(5)
Stealth technologies shall be required to be employed in an
effort to blend into the surrounding environment and minimize aesthetic
impact.
(6)
Landscaping for screening purposes shall be provided, if appropriate.
L.
Security.
(1)
All small wireless telecommunications facilities and antennas
shall be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
(a)
All antennas and other supporting structures shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and
(b)
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
M.
Recertification of small wireless facilities permit.
(1)
At the five-year anniversary date after the effective date for
the small wireless facility permit and for all subsequent fifth anniversaries
of the effective date of the original permit for small wireless telecommunications
facilities, the holder of the small wireless facility permit shall
submit a signed, written document with the following information to
the Town Building Department confirming the compliance of the small
wireless facility with the small wireless facility permit. Such submission
shall include the following:
(a)
The name of the holder of the small wireless facilities permit
for the wireless telecommunications facilities.
(b)
The date of the original granting of the small wireless facilities
permit.
(c)
Whether the small wireless facility has been modified since
the issuance of the small wireless facilities permit and, if so, in
what manner.
(d)
Any requests for waivers or relief of any kind whatsoever from
the requirements of this section and any requirements for a small
wireless facilities permit.
(e)
Certification that the small wireless facilities are in compliance
with the original small wireless facilities permit and in compliance
with all applicable codes, laws, rules, regulations, and federal certification
requirements, including, but not limited to, this section.
(f)
Certification that the wireless telecommunications facility
support structure, attachments and accessory equipment have been designed
and constructed (as built) and continue to meet all local, county,
state and federal structural requirements for loads, including wind
and ice loads. Such certification shall be by a qualified New York
State licensed professional engineer.
(2)
If the holder of a small wireless facility permit does not submit the certifications in Subsection M(1) of this section within the time frame noted in Subsection M(1) of this section, then such small wireless facilities permit shall terminate and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the small wireless facilities permit adequately demonstrates to the Planning Board that extenuating circumstances prevented a timely submission of such written certification. If the Town Building Inspector agrees that there were extenuating circumstances, then the holder of the expired small wireless facilities permit may submit a late recertification request or application for a new small wireless permit.
N.
Application fees. At the time that a person submits an application
for a small wireless facility, such person shall pay a nonrefundable
application fee in an amount as determined by the Town Board and as
set forth in the Town Fee Schedule, in addition to any other fee required
by law.
O.
Performance security for small wireless facilities. The applicant and the owner of record of any proposed small wireless facilities property site shall comply with any requirements set forth in Chapter 104 of the Town Code regarding the posting of security to place a small wireless facility in the public right-of-way.
P.
Authority to inspect. In order to verify that the holder of a small
wireless facilities permit and any and all lessees, renters, and/or
licensees of small wireless facilities place and construct such facilities,
including supporting structures, accessory equipment and antennas,
in accordance with all applicable technical, safety, fire, building,
and zoning laws, statutes, codes, rules, regulations and other applicable
requirements, the Town may inspect at any time, upon providing reasonable
notice, all facets of said permit holder's, renter's, lessee's
or licensee's placement, construction, modification and maintenance
of such facilities, including, but not limited to, structures, antennas,
accessory equipment and electromagnetic output, radio frequency emissions,
etc.
Q.
Liability insurance.
(1)
An applicant for a small wireless facility permit shall secure
and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the small wireless facilities permit in amounts
as set forth below:
(2)
For a small wireless telecommunications facility on Town property,
the commercial general liability insurance policy shall specifically
include the Town, the Town Board, other elected officials, and the
Town's officers, board members, employees, committee members,
attorneys, agents and consultants as additional insureds.
(3)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A.
(4)
The insurance policies shall contain an endorsement obligating
the insurance company to furnish the Town with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
(5)
Renewal or replacement policies or certificates shall be delivered
to the Town at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
(6)
Prior to the issuance of a permit for a small wireless facility,
the applicant shall deliver to the Town a copy of each of the policies
or certificates representing the insurance in the required amounts.
R.
Indemnification. Any approval for small wireless facilities that
is proposed for Town property or in a public right-of-way pursuant
to this section shall contain a provision with respect to indemnification.
Such provision shall require the applicant, to the extent permitted
by law, to at all times defend, indemnify, protect, save, hold harmless,
and exempt the Town and its elected officials, officers, board members,
employees, committee members, attorneys, agents and consultants from
any and all penalties, damages, costs, or charges arising out of any
and all claims, suits, demands, causes of action, or award of damages,
whether compensatory or punitive, or expenses arising therefrom, either
at law or in equity, which might arise out of, or are caused by, the
placement, construction, erection, modification, location, product
performance, use, operation, maintenance, repair, installation, replacement,
removal, or restoration of said facility; excepting, however, any
portion of such claims, suits, demands, causes of action or award
of damages as may be attributable to the negligent or intentional
acts or omissions of the Town or its servants or agents. With respect
to the penalties, damages or charges referenced herein, reasonable
attorneys' fees, consultants' fees, and expert witness fees
are included in those costs that are recoverable by the Town.
S.
Annual NIER certification. The holder of any small wireless facilities
permit shall, annually, certify to the Planning Board, or its authorized
designee, that NIER levels at the site where a small wireless facility
is located are within the threshold levels adopted by the FCC. In
addition, the Town, at its own cost and expense, shall be permitted
to conduct its own certification test of the NIER levels at the site
where any small wireless facility is located, with or without notice
to the wireless telecommunications provider. Once operational, but
prior to providing service to customers, as-built readings will be
provided to the Town.
T.
Default and/or revocation of small wireless facilities permit.
(1)
If any small wireless facilities are constructed, repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way
that is inconsistent or not in compliance with the provisions of this
section or of the small wireless facility permit conditions and requirements,
or it is determined conclusively that the applicant made materially
false or misleading statements during the application process, then
the Planning Board or the Building Inspector, or their designee, shall
notify the holder of the small wireless facilities permit in writing
of such violation. Such notice shall specify the nature of the violation
or noncompliance, and the violations must be corrected within seven
days of the date of the postmark of the notice, or of the date of
personal service of the notice, whichever is earlier. Notwithstanding
anything to the contrary in this subsection or any other section of
this section, if the violation or noncompliance causes, creates or
presents an imminent danger or threat to the health or safety of lives
or property, the Planning Board or Building Inspector may, at their
sole discretion, order the violation remedied within 24 hours.
(2)
If, within the period set forth in Subsection T(1) above, the small wireless facilities are not brought into compliance with the provisions of this section, or of the permit, or substantial steps are not taken in order to bring the affected small wireless facilities into compliance, then the Planning Board or the Building Inspector may revoke such small wireless facility permit and require removal of such small wireless facility pursuant to § 125-85.2U below.
U.
Removal.
(1)
Under the following circumstances, the Town may determine that
the safety, public welfare, character and environment of the Town
warrant and require the removal of small wireless facilities, under
the following circumstances:
(a)
The small wireless facility has been abandoned (i.e., not used
as wireless telecommunications facilities) for a period exceeding
90 consecutive days or a total of 180 days in any 365-day period,
except for periods caused by force majeure or acts of God, in which
case repair or removal shall commence within 90 days;
(b)
A permitted small wireless facility falls into such a state
of disrepair that it creates a safety hazard;
(c)
The small wireless facilities have been located, constructed,
or modified without first obtaining, or in a manner not authorized
by, the required small wireless facilities permit, or any other necessary
authorization; or
(2)
If the Planning Board makes a determination as noted in Subsection U(1) of this section, then it shall notify the holder of the small facilities permit and the owner of the property in writing that said small wireless facilities are to be removed.
(3)
The holder of the small wireless facilities permit or the owner
of the property shall be required to dismantle and remove such small
wireless facilities, and all accessory equipment and associated structures,
from the site and return the site to its original condition and certify
through soils or other testing that no contamination has been created
by the facility, such restoration being completed, limited only by
physical or commercial impracticability, within 90 days of receipt
of written notice from the Town to remove such small wireless facilities.
However, if the owner of the property upon which the small wireless
facilities are located wishes to retain any access roadway to the
small wireless facilities, the owner may do so with the approval of
the Town.
(4)
If the small wireless facilities are not removed or substantial
progress has not been made to remove the small wireless facilities
within 90 days after the small facility permit holder has received
such written notice of removal, then the Planning Board may order
officials or representatives of the Town to remove the small wireless
facilities at the sole expense of the property owner and/small wireless
facility permit holder.
(5)
If the Town removes or causes to be removed the small wireless
facilities, and the owner of the wireless telecommunications facilities
does not claim and remove them to a lawful location within 10 days,
then the Town may take steps to declare the small wireless facilities
abandoned and dispose of or sell them and their components and retain
the proceeds therefrom. The Town may also cause the costs associated
with the removal and disposal of the small wireless facilities to
be assessed on the property in the same manner as a tax or assessment.
V.
Additional requirements relating to small facility permits.
(1)
Noncommercial usage exemption. Town residents utilizing satellite
dishes, citizens' and/or band radios, and antennas for the purpose
of maintaining television, phone, and/or internet connections at their
residences shall be exempt from the regulations relating to small
wireless facilities enumerated in this section.
(2)
Prohibited on certain structures. No small wireless facility
shall be located on single-family detached residences, single-family
attached residences, twin-homes, duplexes, or any residential accessory
structure.
W.
Regulations applicable to small facility permits in the public right-of-way.
(1)
In addition to the applicable small wireless facility permit
provisions listed in this section, all small wireless facilities located
in the public right-of-way shall be required to comply with the following
regulations:
(a)
Location. Small wireless facilities in the public right-of-way
shall be co-located on existing wireless telecommunications facilities,
whenever possible. If co-location is not technologically feasible,
the applicant shall locate its small wireless facility on existing
utility poles or other structures that do not already act as wireless
telecommunications facility support structures.
(b)
Design requirements:
[1]
All equipment shall be the smallest and least visibly
intrusive equipment feasible.
[2]
Antennas and accessory equipment shall be treated
to match the supporting structure and may be required to be painted,
or otherwise coated, to be visually compatible with the support structure
upon which they are mounted.
(c)
Equipment location. Small wireless facilities and any accessory
equipment in the public right-of-way shall be located so as not to
cause any physical or visual obstruction to pedestrian or vehicular
traffic, or to otherwise create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the public
right-of-way as determined by the Town. In addition:
[1]
In no case shall ground-mounted accessory equipment,
walls, or landscaping be located within 18 inches of the face of the
curb, or within four feet of the edge of the cartway, or within an
easement extending onto a privately owned lot;
[2]
To the extent feasible, accessory equipment shall
be placed underground. Ground-mounted accessory equipment that cannot
be placed underground shall be screened from surrounding views, to
the fullest extent possible, through the use of landscaping or other
decorative features to the satisfaction of the Town. Ground-mounted
accessory equipment shall be screened, when possible, by utilizing
existing structures. If screening by utilizing existing structures
is not possible, ground-mounted accessory equipment shall be made
architecturally and aesthetically compatible with the surrounding
area through the use of coatings, landscaping, and/or screening walls,
enclosures or other stealth technology to the satisfaction of the
Town.
[3]
Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Town
Planning Board.
[4]
Any graffiti on any small wireless facility support
structure or any accessory equipment shall be removed within 30 days
upon notification by the Town, at the sole expense of the owner.
[5]
Any proposed underground vault related to small
wireless facilities shall be reviewed and approved by the Town.
[6]
Accessory equipment attached to the a small wireless
facility support structure shall have such vertical clearance as the
Planning Board may determine.
(d)
Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in § 125-85.2U above, within 90 days' following written notice from the Town, or such longer period as the Town determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Town, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
To construct, repair, maintain or install any Town
or other public improvement located in the public right-of-way;
[2]
To prevent interference with the operations of
the Town or other governmental entity, in the public right-of-way;
[3]
Abandonment of a street or road or the release
of a utility easement; or
[4]
An emergency as determined by the Town Board.
X.
Reimbursement for the use of the public right-of-way. In addition
to permit fees for a small wireless facility permit, every small wireless
facility located in the public right-of-way is subject to the Town's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the public right-of-way. Such compensation for use
of the public right-of-way shall be directly related to the Town's
actual public right-of-way management costs, including, but not limited
to, the costs of the administration and performance of all reviewing,
inspecting, permitting, supervising and other public right-of-way
management activities by the Town. The owner of each small wireless
facility permit shall pay an annual fee to the Town to compensate
the Town for the Town's costs incurred in connection with the
activities described above as determined by the Town Board and as
set forth in the Town Fee Schedule.
Y.
Special use permit applications for large wireless facility applications.
(1)
Except as otherwise provided by this section, no large wireless
facilities shall be installed, constructed or substantially changed
until a special use permit application is reviewed and approved by
the Planning Board and a special use permit has been issued.
(2)
Upon receipt of an application for a large wireless facility,
the Planning Board shall review said application and plans in accordance
with the standards and requirements set forth in this section. However,
notwithstanding anything to the contrary, where appropriate, the Planning
Board shall have the authority to waive any requirements set forth
in this section relating to the an application for, or approval of,
a special use permit for a large wireless facility, provided that
it would further the purposes of this section.
(3)
The Planning Board may attach such conditions and safeguards
to any permit and site development plan as are, in its opinion, necessary
to ensure initial and continued conformance to all applicable standards
and requirements.
(4)
No application shall be accepted and no permit shall be issued
for a large wireless facility on a property where the Building Inspector
has found, or there exists, a violation of the Town Code and where
such violation has not been corrected.
(6)
An application for a special use permit for a large wireless
facility shall be signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
The landowner, if different than the applicant, shall also sign the
application. At the discretion of the Planning Board, any false or
misleading statement in the application may subject the applicant
to denial of the application without further consideration or opportunity
for correction.
(7)
The applicant shall provide documentation to verify it has an
interest in the site where the large wireless facility is to be located.
Said documentation may be in the form of a deed, contract for sale,
lease for the property, or other documentation evidencing permission
from the property owner acceptable to the Town Attorney, depending
on whether the applicant is the property owner, contract-vendee, lessee
or potential developer of the property in question.
(8)
The applicant shall include a statement, in writing, that:
(a)
The applicant's proposed large wireless facility shall
be maintained in a safe manner and in compliance with all conditions
of the special use permit, without exception, as well as all applicable
and permissible federal, state and local laws, statutes, codes, rules
and regulations; and
(b)
The construction of a large wireless facility is legally permissible,
including, but not limited to, the fact that the applicant is authorized
to do business in the New York State.
(9)
At the Planning Board's request the applicant may be required
to provide a map, in graphical form and in AutoCAD® or compatible
drawing exchange file format, which shows the applicant's existing
and proposed area of coverage, to the extent applicant does not accept
the existing Town maps showing wireless coverage in the Town. Such
map should locate all existing facility sites within the Town and
within one mile of the Town in bordering communities.
(10)
In addition to all other required information as stated in this
section, all applications for the construction or installation of
new large wireless facilities, or any substantial change to an existing
large wireless facility, shall contain the following information:
(a)
A descriptive statement of the objective(s) for the new facility
or modification, including and expanding on a need such as coverage
and/or capacity requirements;
(b)
Documentation that demonstrates and proves the need for the
large wireless facility to provide service primarily and essentially
within the Town. Such documentation shall include propagation studies
of the proposed site and all adjoining planned, proposed, in-service
or existing sites that demonstrate a significant gap in coverage and/or
if a capacity need, including an analysis of current and projected
usage;
(c)
The name, address and phone number of the person preparing the
report;
(d)
The name, address, and phone number of the property owner, operator
and applicant;
(e)
The postal address and Tax Map parcel number of the property;
(f)
The zoning district or designation in which the property is
situated;
(g)
The size of the property stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines;
(h)
The location of the residential structures within 500 feet of
the proposed facility or the four nearest residential structures to
the proposed facility, whichever is more;
(i)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(j)
A site plan describing the proposed support structure and antenna(s)
and all related accessory development and equipment, including, but
not limited to, as determined by the Planning Board and its consultants:
access, clearing, grading, stormwater management, utility connections,
fixtures, structures, appurtenances and apparatus, including height
above preexisting grade, materials, color and lighting;
(k)
Documentation justifying the total height of any wireless telecommunications
facility support structure and the basis therefor. Such justification
shall be to provide service within the Town, to the extent practicable,
unless good cause is shown;
(l)
Identify the proposed location of emergency power supply and
the decibel level emitted during testing and operation;
(m)
Design details, as determined necessary by the Planning Board
and its consultants, for the proposed site development, tower, supporting
and appurtenant structures, and base, including specifications for
the maximum height of the tower the proposed base could support; and
(11)
In addition to all other required information as stated in Subsection Y(10) above, the Planning Board may require applications for the construction or installation of new large wireless facilities, or any substantial change to an existing large wireless facility, to contain the following information if determined to be required during the course of the Planning Board's review:
(a)
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed facility is located outside
the public rights-of-way;
(b)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(c)
The make, model, type and manufacturer of the support structure
and a design plan stating the support structure's capacity to
accommodate multiple users;
(d)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(e)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna(s);
(f)
Direction of maximum lobes and associated radiation of the antenna(s);
(g)
Applicant's proposed support structure and accessory equipment
maintenance and inspection procedures and related system of records;
(h)
Certification that NIER levels at the proposed site will be
and remain within the current threshold levels adopted by the FCC;
(i)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(j)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(k)
Information relating to the expected useful life of the proposed
large wireless facility;
(l)
Engineering studies, plans, and/or certifications prepared by
a NYS licensed professional engineer to ensure the feasibility, accessibility,
constructability, and stability of the proposed wireless telecommunications
facilities on the proposed site. Such studies, plans, and certifications
may include topographic and geomorphologic analyses, geotechnical
and slope stability studies taking into account the subsurface and
substrate conditions, stormwater management studies and drainage plans,
clearing and grading plans, and erosion and sediment controls; and
(m)
Information relating to intended future co-locations on the
large wireless facility that may result in a further increase in the
size or height of the proposed large wireless facility.
(12)
In the case of a new wireless telecommunications facility support
structure for a large wireless facility, the applicant shall be required
to submit a written report demonstrating its meaningful efforts to
secure shared use of existing wireless telecommunications support
structure(s) or the use of alternative existing buildings or other
structures within a 1/2-mile radius of the site proposed. Copies of
written requests and responses for shared use shall be provided to
the Planning Board with the application, along with any letters of
rejection, stating the reason for rejection. Acceptable reasons for
rejection include:
(a)
The proposed antenna and accessory equipment would exceed the
structural capacity of the existing building or other structure, and
its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and accessory equipment would cause radio
frequency interference with other existing equipment for that existing
building or other structure, and the interference cannot be prevented
at a reasonable cost.
(c)
Such existing buildings or other structures do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building or other structure.
(13)
The applicant shall furnish written certification that the wireless
telecommunications facility, structure, foundation, attachments and
accessory equipment are designed and will be constructed to meet all
local, county, state and federal structural requirements for loads,
including wind and ice loads. If the large wireless facility is subsequently
approved and constructed, as-built certification indicating that the
large wireless facility has been constructed in accordance with all
standards shall be furnished to the Town prior to issuance of any
certificate of occupancy or compliance.
(14)
The applicant shall submit a completed long-form EAF. Based
on circumstances of each application for a large wireless facility,
the Planning Board may require submission of a detailed visual analysis.
(15)
All proposed large wireless facilities shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies where
appropriate, and will thereby have the least-adverse visual effect
on the environment, the character of the community, surrounding properties
and on the residences in the area of the large wireless facility.
(16)
The applicant shall, in writing, identify and disclose the number
and locations of any additional sites that the applicant has been,
is or will be considering, reviewing or planning for wireless telecommunications
facilities in the Town, and all municipalities adjoining the Town,
for a two-year period following the date of the application.
Z.
General and specific requirements for large wireless facilities.
Large wireless facilities are permitted in all zones, subject to the
restrictions and conditions prescribed below:
(1)
Construction and design. All large wireless facilities shall
be designed, constructed, operated, maintained, repaired, modified
and removed in strict compliance with all current applicable technical,
safety and safety-related codes, including, but not limited to, the
most-recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, and National Electrical
Code. Any large wireless facilities shall at all times be kept and
maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any person or any property in the Town.
(2)
Wind and ice. All large wireless facilities structures 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/EIA/TIA-222,
as amended).
(3)
Aviation safety. Large wireless facilities shall comply with
all federal and state laws and regulations concerning aviation safety.
(4)
Public safety communications. Large wireless facilities shall
not interfere with public safety communications or the reception of
broadband, television, radio or other communications services enjoyed
by occupants of nearby properties.
(5)
Radio frequency emissions. A large wireless facility shall not,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended. When
a large wireless facility is complete, as-built readings will be taken
and submitted to the Town. As-built readings will be repeated and
resubmitted following any replacement, upgrade, or major maintenance
activities.
(6)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
Large wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Town's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
The owner or operator of a large wireless facility shall maintain
standby power generators capable of powering the wireless telecommunications
facility for at least 24 hours without additional public utility power,
and indefinitely with a continuous or replenished fuel supply. Such
standby power shall activate automatically upon the failure of public
utility power to the site. Notwithstanding the foregoing, the Planning
Board may require standby power longer than 24 hours where circumstances
indicate sufficient space exists to accommodate longer periods of
backup power.
AA.
Approval procedures.
(1)
For any special use permit application, the Planning Board shall
hold a public hearing on due notice within 60 days after submission
of a formal completed application, including such technical information
from the applicant as may be required by the Planning Board for a
special use permit under the provisions of this section.
(2)
Notice of the public hearing shall be by publication in the
official newspaper of the Town at least 10 days in advance of the
hearing. The hearing notice shall indicate that the application may
be examined and further information is available from the Planning
Board office during regular business hours. Copies of the publication
order shall be mailed by the applicant to owners of property within
1,000 feet of the proposed facility which is the subject of the application,
and an affidavit of service thereof shall be filed with the Planning
Board due on or before the date of the hearing.
(3)
In any district, the Planning Board may grant a special use
permit for the construction of the large wireless facilities for a
period of five years.
(4)
All decisions of the Planning Board involving applications for
large wireless facilities shall be in writing and supported by substantial
evidence contained in a written record.
(5)
Time frames for approval.
(a)
Within 30 days of receipt of any application for a large wireless
facility, the Town shall notify the applicant in writing of any supplemental
information required to complete the application. Such notification
shall toll the applicable shot clock until the applicant submits the
required supplemental information.
(b)
Within 90 days of receipt of an application for a co-located
large wireless facility or 150 days of receipt of an application for
a new large wireless facility with accompanying support structure,
including such technical information from the applicant as may be
required by the Planning Board for a special use permit under the
provisions of this section, the Town shall make a final decision on
whether to approve the application and shall notify the applicant
in writing of such decision.
(6)
All time periods set forth in this section reference calendar
days.
BB.
Location.
(1)
Applications for special use permits for large wireless facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, Subsection BB(1)(a) being the highest priority and Subsection BB(1)(g) being the lowest priority, unless the Planning Board determines that a less intrusive or nonintrusive lower priority alternative site is available.
(a)
Co-location on existing wireless telecommunications facilities,
including but not limited to those within the public rights-of-way;
(b)
Locating on an existing structure in the Town;
(c)
On other lands owned or controlled by the Town, including, but
not limited to, the Town public right-of-way;
(d)
On lands within the Town owned or controlled by other municipal
corporations, to the extent permitted by such other municipal corporation;
(e)
On nonresidential zoned properties;
(f)
On properties occupied by a nonresidential use within a residential
zoning district; and
(g)
On residential zoned properties; and
(h)
No large wireless facilities shall be permitted in the Bedford
Historic District, Katonah Historic District, or on any property designated
by the Bedford Historic Building Preservation Law as a Tier I property,
unless the applicant demonstrates to the Planning Board's satisfaction
that the selected site is necessary to provide adequate service and
no less intrusive or nonintrusive alternative site exists. Approval
shall be required from the Bedford Village Historic District Review
Commission, the Katonah Historic District Advisory Commission, or
the Historic Building Preservation Commission, as appropriate, before
any large wireless facility is approved by the Planning Board for
a site in the Bedford Historic District, Katonah Historic District,
or on any property designated as a Tier I property.
(2)
If the proposed site is not proposed for the highest priority
listed above, then a detailed explanation must be provided as to why
a site of a higher priority was not selected. The person seeking such
an exception must satisfactorily demonstrate the reason or reasons
why such a special use permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
(3)
An applicant may not bypass sites of higher priority by stating
the site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Planning
Board why co-location is commercially impracticable.
(4)
Notwithstanding the above, the Planning Board may approve any
site located within the Town, provided that the Town finds that the
proposed site is in the best interest of the safety, public welfare,
character and environment of the Town and will not have a deleterious
effect on the nature and character of the community and surrounding
properties.
CC.
Height. Wireless telecommunications facility support structures shall
be no higher than the minimum height necessary. The proposed height,
which may be in excess of the maximum height permitted for other structures
in the applicable zone, shall address any additional height necessary
to accommodate co-location by additional antenna arrays, but under
no circumstances is the height to be in excess of 150 feet.
DD.
Setback. All large wireless facilities, including any support structures
and accessory equipment, located outside the public right-of-way shall
be set back from the property line of the lot on which they are located
a distance equal to not less than the total height of the facility,
including support structure, measured from the highest point of such
support structure to the finished grade elevation of the ground on
which it is situated, plus 10% of such total height. The Planning
Board may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
EE.
Visibility.
(1)
All large wireless facilities shall be sited so as to have the
least-adverse visual effect on the environment and its character,
on existing vegetation and on the residents in the area of the wireless
telecommunications facilities sites. If lighting is required, the
applicant shall provide a detailed plan for sufficient lighting of
as unobtrusive and inoffensive an effect as is permissible under federal,
state and local laws, statutes, codes, rules or regulations.
(2)
Both the large wireless facility and any and all accessory equipment
shall maximize use of building materials, colors and textures designed
to blend with the structure to which they may be affixed and/or to
harmonize with the natural surroundings.
(3)
Large wireless facilities shall not be artificially lighted
or marked, except as required by law.
(4)
Wireless telecommunications facility support structures for
large wireless facilities shall be galvanized and/or painted with
a rust-preventive paint of an appropriate color as specified by the
Planning Board to harmonize with the surroundings and shall be maintained
in accordance with the requirements of this section.
(5)
Electrical and land-based telephone lines extended to serve
the large wireless facility sites shall be installed underground.
(6)
Stealth technologies shall be required to be employed in an
effort to blend into the surrounding environment and minimize aesthetic
impact.
(7)
Landscaping shall be provided, if appropriate.
FF.
Security.
(1)
All large wireless facilities and antennas shall be located,
fenced or otherwise secured in a manner that prevents unauthorized
access. Specifically:
(a)
All antennas and supporting structures, including guy anchor
points and wires and accessory equipment, shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and
(b)
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
GG.
Escrow for review costs. In accordance with the procedures set forth in Chapter 47 of the Town Code, and to the extent permissible under federal law, for large wireless facility applications, the applicant shall be required to provide funds to an escrow account held by the Town to allow the Planning Board to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.
HH.
Recertification of special use permit.
(1)
At any time between 12 months and six months prior to the five-year
anniversary date after the effective date for the special use permit
for large wireless facilities and all subsequent fifth anniversaries
of the effective date of the original special use permit for large
wireless facilities, the holder of a special use permit for such large
wireless facilities shall submit a signed, written request to the
Planning Board for recertification. In the written request for recertification,
the holder of such special use permit shall note the following:
(a)
The name of the holder of the special use permit for the wireless
telecommunications facilities.
(b)
The date of the original granting of the special use permit.
(c)
Whether the large wireless facility has been modified since
the issuance of the special use permit and, if so, in what manner.
(d)
Any requests for waivers or relief of any kind whatsoever from
the requirements of this section and any requirements for a special
use permit.
(e)
Certification that the large wireless facilities are in compliance
with the special use permit and in compliance with all applicable
codes, laws, rules, regulations and federal certification requirements.
(f)
Certification that the wireless telecommunications support structure,
base station and accessory equipment are designed and constructed
(as built) and continue to meet all local, county, state and federal
structural requirements for loads, including wind and ice loads. Such
recertification shall be by a qualified New York State licensed professional
engineer.
(2)
If, after such review, the Planning Board determines the permitted
large wireless facility is in compliance with the special use permit
and all applicable statutes, laws, local laws, ordinances, codes,
rules and regulations, then the Planning Board shall recertify the
special use permit for the large wireless facility, which may include
any new provisions or conditions that are mutually agreed upon or
required by applicable statutes, laws, local laws, ordinances, codes,
rules and regulations. If, after such review, the Planning Board determines
that the permitted large wireless facility is not in compliance with
the special use permit and all applicable statutes, local laws, ordinances,
codes, rules and regulations, then the Planning Board may refuse to
issue a recertification of the special use permit for the large wireless
facility, and, in such event, such large wireless facility shall not
be used after the date that the applicant receives written notice
of such decision by the Planning Board unless and until any deficiencies
determined by the Planning Board are cured. Any such decision shall
be in writing and supported by substantial evidence contained in a
written record.
(3)
If the applicant has submitted all of the information requested by the Planning Board and required by this section, and if the Planning Board does not complete its review, as noted in Subsection HH(2) of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, then the applicant for the permitted large wireless facility shall receive an extension of the special use permit for up to six months in order for the Planning Board to complete its review.
(4)
If the holder of a special use permit for a large wireless facility does not submit a request for recertification of such special use permit within the time frame noted in Subsection HH(1) of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the special use permit adequately demonstrates to the Planning Board that extenuating circumstances prevented a timely recertification request. If the Planning Board agrees that there were extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit.
II.
Application fees. At the time that an application for a special use
permit is submitted for a large wireless facility, or to renew any
such application, a nonrefundable application fee shall be paid in
an amount as determined by the Town Board and as set forth in the
Town Fee Schedule, in addition to any other fee required by law.
JJ.
Performance security for special permits. The applicant and the owner
of record of any proposed large wireless facilities property site
shall, at their cost and expense, be jointly required to execute and
file with the Town a bond, or other form of security acceptable to
the Town as to type of security and the form and manner of execution,
in an amount of at least $75,000 for a large wireless facility on
a new wireless telecommunications support structure and $25,000 for
a co-location on an existing wireless telecommunications facility
support structure or other existing structure; and with such sureties
as are deemed sufficient by the Planning Board to assure the faithful
performance of the terms and conditions of this section and conditions
of any special use permit issued pursuant to this section. The full
amount of the bond or security shall remain in full force and effect
throughout the term of the special use permit and/or until any necessary
site restoration is completed to restore the site to a condition comparable
to that which existed prior to the issuance of the original special
use permit.
KK.
Authority to inspect. In order to verify that the holder of a special
use permit for a large wireless facility and any and all lessees,
renters, and/or licensees of large wireless facilities place and construct
such facilities, including the wireless telecommunications support
structure, accessory equipment and antennas, in accordance with all
applicable technical, safety, fire, building, and zoning laws, statutes,
codes, rules, regulations and other applicable requirements, the Town
may inspect at any time, upon providing reasonable notice, all facets
of said permit holder's, renter's, lessee's or licensee's
placement, construction, modification and maintenance of such facilities,
including, but not limited to, wireless telecommunications support
structures, antennas, accessory equipment, electromagnetic output
and buildings.
LL.
Liability insurance.
(1)
An applicant for a special use permit for a large wireless facility
shall secure and at all times maintain public liability insurance
for personal injuries, death and property damage, and umbrella insurance
coverage, for the duration of the special use permit in amounts as
set forth below:
(a)
For co-location on any existing large wireless facility or other
wireless telecommunications facility support structure, including
existing utility poles or monopoles, the required insurance policies
shall be in the following amounts:
(b)
For all other large wireless facilities, the required insurance
policies shall be in the following amounts:
(2)
For a large wireless facility on Town property, the commercial
general liability insurance policy shall specifically include the
Town, the Town Board, other elected officials, and the Town's
officers, board members, employees, committee members, attorneys,
agents and consultants as additional insureds.
(3)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A.
(4)
The insurance policies shall contain an endorsement obligating
the insurance company to furnish the Town with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
(5)
Renewal or replacement policies or certificates shall be delivered
to the Town at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
(6)
Prior to the issuance of a special use permit for a large wireless
facility, the applicant shall deliver to the Town a copy of each of
the policies or certificates representing the insurance in the required
amounts.
MM.
Indemnification. Any special use permit for a large wireless facility
that is proposed for Town property or in the public right-of-way,
pursuant to this section, shall contain a provision with respect to
indemnification. Such provision shall require the applicant, to the
extent permitted by law, to at all times defend, indemnify, protect,
save, hold harmless, and exempt the Town and its elected officials,
officers, board members, employees, committee members, attorneys,
agents and consultants from any and all penalties, damages, costs,
or charges arising out of any and all claims, suits, demands, causes
of action, or award of damages, whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might
arise out of, or are caused by, the placement, construction, erection,
modification, location, product performance, use, operation, maintenance,
repair, installation, replacement, removal, or restoration of said
facility; excepting, however, any portion of such claims, suits, demands,
causes of action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the Town or its servants
or agents. With respect to the penalties, damages or charges referenced
herein, reasonable attorneys' fees, consultants' fees, and
expert witness fees are included in those costs that are recoverable
by the Town.
NN.
Regulations applicable to large wireless facilities in the public
right-of-way.
(1)
In addition to the applicable special permit provisions and
requirements listed in this section, all large wireless facilities
located in the public right-of-way shall be required to comply with
the following regulations:
(a)
Location. Large wireless facilities in the public right-of-way
shall be colocated on an existing wireless telecommunications facility
whenever possible. If co-location is not technologically feasible,
the applicant shall locate its large wireless facility on existing
utility poles, monopoles or other structures that do not already act
as wireless telecommunications facility support structures.
(b)
Design requirements:
[1]
All accessory equipment shall be the smallest and
least-visibly-intrusive equipment feasible.
[2]
Antennas and accessory equipment shall be treated
to match the supporting structure and may be required to be painted,
or otherwise coated, to be visually compatible with the support structure
upon which they are mounted.
(c)
Equipment location. Large wireless facilities, which include
wireless telecommunications support structures and accessory equipment
in the public right-of-way, shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic,
or to otherwise create safety hazards to pedestrians and/or motorists,
or to otherwise inconvenience public use of the right-of-way as determined
by the Town. In addition:
[1]
In no case shall ground-mounted accessory equipment,
walls, or landscaping be located within 18 inches of the face of the
curb, within four feet of the edge of the cartway, or within an easement
extending onto a privately owned lot.
[2]
To the extent feasible, accessory equipment shall
be placed underground. Ground-mounted accessory equipment that cannot
be placed underground shall be screened from surrounding views, to
the fullest extent possible, through the use of landscaping or other
decorative features to the satisfaction of the Town. Ground-mounted
accessory equipment shall be screened, when possible, by utilizing
existing structures. If screening by utilizing existing structures
is not possible, ground-mounted accessory equipment shall be made
architecturally and aesthetically compatible with the surrounding
area through the use of coatings, landscaping, and/or screening walls,
enclosures or other stealth technology to the satisfaction of the
Town.
[3]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Town.
[4]
Any graffiti on any large wireless facility support
structure, base station or any accessory equipment shall be removed
within 30 days upon notification by the Town, at the sole expense
of the owner.
[5]
Any proposed underground vault related to large
wireless facilities shall be reviewed and approved by the Town Planning
Board.
[6]
Accessory equipment attached to a large wireless
facility support structure shall have such vertical clearance as the
Planning Board may determine.
(d)
Relocation or removal of large wireless facilities in the public right-of-way. In addition to the removal provisions set forth in § 125-85.2RR below, within 90 days' following written notice from the Town, or such longer period as the Town determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any large wireless facility or accessory equipment when the Town, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
To construct, repair, maintain or install any Town
or other public improvement located in the right-of-way;
[2]
To prevent interference with the operations of
the Town or other governmental entity in the right-of-way;
[3]
Abandonment of a street or road or the release
of a utility easement; or
[4]
An emergency as determined by the Town Board.
OO.
Reimbursement for the use of the public right-of-way. In addition to permit fees for a large wireless facility permit, every large wireless facility located in the Town public right-of-way is subject to the Town's public right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way and for any applicable permitting fees set forth in Chapter 104 of the Town Code. Such compensation for use of the public right-of-way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of-way management activities by the Town. The owner of each large wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in the Town Fee Schedule.
PP.
Annual NIER certification. The holder of any special use permit shall,
annually, certify to the Planning Board or its authorized designee
that NIER levels at the site where the large wireless facilities are
located are within the threshold levels adopted by the FCC. In addition,
the Town, at its own cost and expense, shall be permitted to conduct
its own certification test of the NIER levels at the site where any
large wireless facility is located, with or without notice to the
wireless telecommunications provider. Once operational, but prior
to providing service to customers, as-built readings will be provided
to the Town.
QQ.
Default and/or revocation of special use permit.
(1)
If large wireless facilities are constructed, repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this section
or any special use permit requirement, or it is determined conclusively
that the applicant made materially false or misleading statements
during the application process, then the Planning Board or the Building
Inspector shall notify the holder of the special use permit, in writing,
of such violation. Such notice shall specify the nature of the violation
or noncompliance, and the violations must be corrected within seven
days of the date of the postmark of the notice, or of the date of
personal service of the notice, whichever is earlier. Notwithstanding
anything to the contrary in this subsection or any other section of
this section, if the violation causes, creates or presents an imminent
danger or threat to the health or safety of lives or property, the
Planning Board may, at its sole discretion, order the violation remedied
within 24 hours.
(2)
If, within the period set forth in Subsection QQ(1) above, the large wireless facilities are not brought into compliance with the provisions of this section, or of the special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Planning Board or the Building Inspector may revoke such special use permit for the wireless telecommunications facility and may require the removal of such large wireless facility.
RR.
Removal.
(1)
Under the following circumstances, the Town may determine that
the safety, public welfare, character and environment of the Town
warrant and require the removal of a large wireless facilities:
(a)
Large wireless facilities with a permit have been abandoned
(i.e., not used as wireless telecommunications facilities) for a period
exceeding 90 consecutive days or a total of 180 days in any 365-day
period, except for periods caused by force majeure or acts of God,
in which case, repair or removal shall commence within 90 days;
(b)
Permitted large wireless facilities fall into such a state of
disrepair that they create a safety hazard;
(c)
Large wireless facilities have been located, constructed, or
modified without first obtaining, or in a manner not authorized by,
the required special use permit, or any other necessary authorization;
or
(d)
Any large wireless facility is determined to be in violation pursuant to § 125-85.2PP above and fails to cure such violation within the time set forth in that section.
(2)
If the Planning Board makes such a determination as noted in Subsection RR(1) of this section, then it shall notify the holder of the special use permit and the owner of the property that the large wireless facilities are to be removed.
(3)
The holder of the special use permit or the owner of the property
shall dismantle and remove such large wireless facilities, and all
accessory equipment, antennas, support structures and other associated
structures and facilities, from the site and return the site to its
original condition and certify through soils or other testing that
no contamination has been created by the facility, such restoration
being completed, limited only by physical or commercial impracticability,
within 90 days of receipt of written notice from the Town. However,
if the owner of the property upon which the large wireless telecommunications
facilities are located wishes to retain any access roadway to the
large wireless facilities, the owner may do so with the approval of
the Town.
(4)
If the large wireless facilities are not removed or substantial
progress has not been made to remove the large wireless facilities
within 90 days after the special use permit holder has received notice,
then the Planning Board may order officials or representatives of
the Town to remove the large wireless facilities at the sole expense
of the property owner and/or special use permit holder.
(5)
If the Town removes or causes to be removed the large wireless
facilities, and the owner of the large wireless facilities does not
claim and remove any equipment or materials to a lawful location within
10 days, then the Town may take steps to declare the large wireless
facilities abandoned and sell them and their components and retain
the proceeds therefrom. The Town may also cause the costs associated
with the removal and disposal of the large wireless facilities to
be assessed on the property in the same manner as a tax or assessment.
SS.
Penalties for offenses. In addition to any other remedies in this
section, a violation of any provision of this section with respect
to either large wireless facilities or small wireless facilities is
hereby declared to be an offense, punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. Each continued violation shall constitute a separate additional
violation.
TT.
Adherence to state and/or federal rules and regulations.
(1)
The holder of a special use permit or small wireless facility
permit issued pursuant to this section shall adhere to and comply
with all applicable rules, regulations, standards, and provisions
of any state or federal agency, including, but not limited to, the
FAA and the FCC. Specifically included in this requirement are any
rules and regulations regarding height, lighting, security, electrical
and RF emission standards.
(2)
To the extent that applicable rules, regulations, standards,
and provisions of any state or federal agency, including, but not
limited to, the FAA and the FCC, and specifically including any rules
and regulations regarding height, lighting, and security, are amended
and/or are modified during the duration of a special use permit for
large wireless facilities and a small wireless facility permit for
small wireless facilities, then the holder of such a special use permit
or small wireless facility permit shall conform the permitted wireless
telecommunications facilities to the applicable amended and/or modified
rule, regulation, standard, or provision within a maximum of 24 months
of the effective date of the applicable changed and/or modified rule,
regulation, standard, or provision, or sooner as may be required by
the issuing entity.
[Added 9-19-2006 by L.L. No. 8-2006]
Within the R-4A District, the Planning Board
may grant a special permit for the establishment of a country inn,
subject to the following conditions:
A.
The lot on which the country inn is proposed shall
have frontage on and practical access to a road owned by the State
of New York and shall consist of a single lot with an area of at least
10 acres.
B.
The Planning Board shall determine that the proposed
country inn use will substantially preserve the historic character
of the property as a whole and will not detract from the character
of the property or of the surrounding neighborhood.
C.
Location.
(1)
The proposed country inn use shall be located
in an existing building or buildings which the Planning Board has
determined to be a historical resource, based upon the consideration
of the following criteria:
(a)
It exemplifies or reflects elements of the Town's
cultural, social, or architectural history;
(b)
It is identified with persons or events significant
in local, state or national history;
(c)
It embodies distinctive characteristics of a
style, type period or method of construction;
(d)
It is representative of the notable work of
a builder, designer or architect.
(2)
The Planning Board may request the assistance
and recommendations of the Bedford Historic Building Preservation
Commission in reaching such determination.
D.
The Planning Board may permit the construction of
accessory buildings or structures for accessory uses for the country
inn, provided that, in the opinion of the Planning Board, these buildings
or structures do not detract from the historic characteristics of
the property. The Planning Board may permit limited accessory uses
for the country inn, such as exercise facilities and other amenities,
provided these uses conform to the spirit of the regulations and do
not detract from the historic character of the property.
E.
One parking space shall be provided on the lot for
each 100 square feet of gross floor area in the restaurant portion
of the country inn. The Planning Board may reduce this requirement
where it determines that the parking needs of the use will be met
by other means, including valet parking or permanent off-site parking,
and where the reduction will conform to the spirit of the regulations
and will not detract from the historic character of the property.
F.
The proposed use shall comply with all of the dimensional requirements listed in Article V, § 125-50, of the Town Code for lots in the R-4A District, except for front yard and building height. The Planning Board may modify the requirements for front yard and building height where it determines that these modifications will conform to the spirit of the regulations and will not detract from the historic character of the property.
G.
All signs and exterior lighting for the proposed country
inn shall be approved by the Planning Board.
H.
In granting a special permit, the Planning Board may
regulate the hours of operation of the country inn and any of its
accessory uses.
I.
The Planning Board may specify the planting of buffer
screening on the lot to provide privacy from the road or from adjoining
properties for the activities of the country inn.
J.
The country inn may include a maximum of 10 guest
rooms for overnight accommodations.
