The Board of Trustees of the Incorporated Village of Sea Cliff has become
concerned about the effect dish antennas could have on the welfare and safety
of the Village. The Board finds that, unless regulated, dish antennas can
be installed in a manner which would have an adverse impact on the use and
enjoyment of surrounding properties, including a diminution of property values.
If improperly installed, dish antennas could create a safety hazard. The intent
and purpose of this chapter is to establish a procedure and criteria to avoid
the adverse impacts of the installation and maintenance of dish antennas and
to preserve the character, safety and general welfare of the municipality.
For the purposes of this chapter, the terms used herein are defined
as follows:
DISH ANTENNA
Satellite antennas, parabolic discs, hemispheric discs or other similar
antennas, the purpose of which is to receive television, radio and/or microwave
or other similar signals.
Dish antennas shall be special exception accessory uses of the Sea Cliff
Zoning Law. No person shall cause, suffer or permit the erection, construction,
installation, relocation and/or maintenance of any dish antenna in the Incorporated
Village of Sea Cliff without first applying for and obtaining a special exception
accessory use permit as set forth herein.
Application for a special exception accessory use permit shall be made
to the Board of Trustees. Plans and sketches shall be submitted by the owner
or his designated representative only. Said plan shall show the location of
all structures and other physical improvements on the subject premises, the
proposed location of the dish antenna and the distance of the antenna from
the structures and improvements and all property lines. Any proposed new landscaping
shall be depicted. The applicant shall present documentation of the possession
of any required license by any federal, state or local agency. All applications
may be referred by the Board of Trustees for the review and recommendations
of the Village Planning Board. The Planning Board shall submit its report
and recommendations to the Trustees within 60 days of the referral of the
application by the Trustees to the Planning Board. No building permit shall
be issued by the Building Inspector for the installation of any dish antenna,
except after an approval is obtained under this chapter from the Board of
Trustees.
No application shall be granted by the Board of Trustees unless the
Board shall find that the proposed dish antenna will have an harmonious relationship
with surrounding property uses and shall be located so as not to diminish
the value, use or enjoyment of surrounding properties.
Where a violation of this chapter is determined to exist, the Building
Inspector shall serve, by registered mail or personally, on the owner, agent,
contractor, lessee or tenant of the subject premises a notice of violation
requiring the removal of the violation within three days after service of
the notice. If the person or persons notified shall fail to remove the violation
within the allotted time period, the Building Inspector shall commence appropriate
proceedings in the Village Justice Court of the Village of Sea Cliff. The
municipality may commence any action or proceeding for appropriate relief
in addition to the aforesaid remedy, including a proceeding requesting injunctive
relief. Any person who shall violate any provision of this chapter shall be
subject to a penalty of $250 for each such violation. A separate violation
shall be deemed committed upon each day that a violation occurs or is committed.
This chapter shall take effect in accordance with § 27 of
the Municipal Home Rule Law.