[Amended 1-11-2022 by L.L. No. 1-2022]
The Planning Board is hereby authorized to act on proposed special
exception uses which are specifically provided for in this chapter
except where such authority is retained by the Village Board of Trustees
as set forth herein. Such action may include approval, conditional
approval or disapproval based on the standards set forth in this article.
A.
Prior to taking action on any special exception use, the Planning
Board shall hold a public hearing after public notice.
B.
Any approval of a special exception use may be subject to a condition
requiring the issuance of a building permit, commencement and completion
of construction within a time specified by the Planning Board.
C.
For all applications for a special exception, the applicant shall
erect or cause to be erected a sign which shall be displayed on the
parcel upon which the application is made, facing each public street
to which the property abuts, giving notice that an application has
been made to the Planning Board, along with the time and place of
the hearing. The sign shall not be located more than 10 feet from
the street line and shall not be less than two feet nor more than
six feet above the natural grade at the street line. The sign shall
be furnished by the Planning Board and shall be the only sign to be
used. The sign shall be displayed not less than 10 days immediately
preceding the public hearing or any adjournment date. The applicant
shall file an affidavit with the Planning Board that he/she has complied
with the provisions of this section prior to the opening of the public
hearing.
D.
The applicant shall mail notice of the public hearing date, at least 10 days prior thereto, to every property owner, as shown on the current Village of Sag Harbor assessment rolls, or parcels abutting and/or directly opposite (by way of extension of lot lines through the street right-of-way) the property which is the subject of the public hearing, excepting that such notice for any use under §§ 300-11.8 and 300-11.12 shall also include any property owner within a five-hundred-foot radius of the perimeter of the property which is the subject of the public hearing. Such notice shall be by either certified or registered mail, return receipt requested. Proof of such notice shall consist of: 1) the return receipts and 2) an affidavit attesting to compliance with this mailing notification. Such proof shall be submitted to the Planning Board prior to the public hearing. No additional mailing shall be required for an adjournment.
For every such special exception use, the Planning Board shall
determine that:
B.
Lot area. The plot area is sufficient, appropriate and adequate for
the use and the reasonably anticipated operation and expansion thereof.
C.
Adjacent properties. The proposed use will not prevent the orderly
and reasonable use of adjacent properties, particularly where they
are in a different district.
D.
Compatibility. The site is particularly suitable for the location
of such use in the Village and, if sited at that location, the proposed
use will in fact be compatible with its surroundings and with the
character of the neighborhood and of the community in general, particularly
with regard to visibility, scale and overall appearance.
E.
Effect on specific existing uses. The characteristics of the proposed
use are not such that its proposed location would be unsuitably near
to a church, school, theater, recreational area or other place of
public assembly.
F.
Use definition. The proposed use conforms to the chapter's definition
of the special exception use where such definition exists or with
the generally accepted definition of such use where it does not exist
in this chapter.
G.
Circulation. Access facilities are adequate for the estimated traffic
from public streets and sidewalks, so as to assure the public safety
and to avoid traffic congestion; and, further, that vehicular entrances
and exits shall be clearly visible from the street and not be within
75 feet of the intersection of street lines at a street intersection,
except under unusual circumstances.
H.
Curb cuts. All proposed curb cuts have been approved by the street
or highway agency which has jurisdiction.
I.
Parking. There are off-street parking and truck-loading spaces at least in the number required by the provisions of § 300-9.6C, D and E, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Buffering and screening. Adequate buffer yards and screening are
provided where necessary to protect adjacent properties and land uses.
K.
Runoff and waste. Adequate provisions will be made for the collection
and disposal of stormwater runoff from the site and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of other
characteristic.
L.
Outdoor display. No outdoor sales lot, retail equipment storage or
display area shall be permitted in the required front yard area of
the Village Business District or Waterfront District.
A.
Environmental protection. The natural characteristics of the site
are such that the proposed use may be introduced there without undue
disturbance or disruption of important natural resources.
B.
Compliance with other laws. The proposed use can and will comply
with all provisions of this chapter and the Village Code applicable
to the proposed use and can meet every other applicable federal, state,
county and local law, rule or regulation.
A.
Any applicant for an apartment building in the OD shall be required
to design any such project so as to include one of the following:
(1)
Set aside to be built on the site no fewer than 10% of the units as affordable units under § 300-11.6B either for sale or for rental; or
(2)
Payment of a sum of money to the Sag Harbor Community Housing Trust Fund incident to issuance of any approval, which said sum shall equal $186,000 of units otherwise times twice the number of units otherwise to be built under Subsection A(1) above or such other per-unit sum as is fixed from time to time by resolution of the Board of Trustees, so that, by way of illustration not limitation, if the actual density on any such project is 10 units, requiring one to be affordable, and if built on site, the trust fund contribution would be $372,000.
B.
Any applicant for an apartment building in the OD Office District which shall contain five or fewer units on any site shall not be required to set aside affordable units on site but shall be required to make payment of a sum of money to the Sag Harbor Community Housing Trust Fund as otherwise provided in Subsection A(2) above equal to $186,000 or such other sum as is fixed from time to time by resolution of the Board of Trustees. In the event any site is a lot on a minor or major subdivision approved after the effective date of this section and in the further event there is a later application for an apartment use on a separate lot within said subdivision, then and on approval of any such application the applicant shall be obliged to set aside 20% of allowable density as affordable units.
C.
Any
affordable apartment unit under this section shall not be subject
to the lot area requirement otherwise applicable for apartments in
the Table of Dimensional Regulations.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
[Amended 10-13-2015 by L.L. No. 15-2015; 6-14-2022 by L.L. No. 13-2022]
A.
Allowance. New accessory apartments in the VB District shall be a
special exception use, provided that any such use complies with the
requirements of this section and a permit is issued hereunder.
B.
Affordable workforce housing income requirement. Priority for occupancy of any accessory apartment under this section shall be given to affordable workforce housing income occupants as defined in Chapter 150 as well as those persons who otherwise already qualify and work in or for the Village of Sag Harbor; members of the Village of Sag Harbor Ambulance Corps, Police Department or Fire Department.
[Amended 6-13-2023 by L.L. No. 5-2023]
C.
Incentives. Approval of a new accessory apartment in the VB District
shall qualify the owner of premises in the VB District to a waiver
of any sewer rent in a sum equal to the percent of space at the premises
used and occupied by any such accessory apartment(s).
D.
Standards.
(1)
Location. In the VB District, any new accessory apartment shall
not be located on the first floor or below said floor.
(2)
Bedrooms. In no event shall the number of bedrooms in an accessory
apartment exceed two bedrooms.
(3)
Off-street parking. Any applicant hereunder shall in good faith
seek to provide at least one off-street parking space for any such
accessory apartment, but no off-street parking spaces shall be required
for an accessory apartment hereunder.
(4)
Code compliance. Any accessory apartment shall be improved and
maintained in compliance with the Village Code, the New York State
Fire Prevention and Building Code and the Suffolk County Sanitary
Code.
(5)
Inspection. As a condition of approval of any permit for an
accessory apartment, the applicant or its designated, authorized representative
shall authorize the Building Inspector and/or Fire Marshal to make
or cause to be made inspections, upon reasonable notice, to determine
the condition of the dwellings and compliance with the provisions
of this section to safeguard the health, safety and welfare of the
public.
A.
The site shall not be located within 500 feet of any church, school,
playground, park, hospital or similar public and semipublic place.
B.
There shall be no outdoor public-address or music system.
C.
Outdoor service and/or consumption of alcoholic beverages is prohibited.
D.
There shall be no live entertainment on the premises, except that
a tavern or bar may include a piano and/or stringed instruments.
E.
No bar or tavern shall be approved unless noise attenuation improvements
are installed prior to issuance of any certificate of occupancy so
as to prohibit altogether the transmittal of noise off site.
F.
Septic and solid waste systems must be adequate to assure that no
adverse effects will result to any water body in the vicinity of the
proposed use.
G.
Parking and traffic circulation shall be provided which is adequate
to accommodate the peak anticipated crowding of the use.
H.
All exterior lighting shall be contained on site.
I.
Excessive or unreasonable noise is prohibited. Excessive or unreasonable noise is any sound that can be detected at any property line from which the noise emanates by a trained officer using his or her unaided hearing faculties that is deemed by that officer, based on his or her training or experience, to exceed the decibel limitations set forth in § 167-3[1] or is unreasonable based upon the totality of the circumstances.
If the sound source under investigation is a sound-amplification or
-reproduction device, the enforcement officer need not determine the
title of a song, specific words, or the artist performing the song.
The detection of the rhythmic bass component of the music shall be
sufficient to constitute excessive or unreasonable noise.
[Amended 6-9-2015 by L.L.
No. 10-2015]
A.
A bed-and-breakfast
is an owner-occupied dwelling designed, used and occupied as a one-family
or two-family dwelling, managed by the property's owner and having
as an accessory bedroom accommodations and breakfast provisions, served
in the host's private dining room or kitchen, for those accommodated
as paying guests, who are referred to for the purposes of this section
as "registered guests."
B.
No dwelling
or building shall be used as a bed-and-breakfast unless:
C.
No bed-and-breakfast
shall have more than two bedrooms to accommodate more than four transient
guests, and occupancy of any guest shall be limited to three nights
and three days.
D.
Any
special exception permit issued hereunder shall expire two years after
issuance, and any renewal shall be submitted to a public hearing.
E.
The
dwelling shall be a detached one-family or two-family dwelling with
a certificate of occupancy for such use.
F.
The
dwelling shall be occupied as a principal residence by its owners
during any period of time in which it is also being used and occupied
as a bed-and-breakfast.
G.
There
shall be no separate kitchen facilities for the use of registered
guests.
H.
At least
one off-street parking space shall be provided for each guest bedroom.
I.
No meal
may be served or provided in any manner except breakfast to registered
guests.
J.
No special
exception approval shall be issued except after the Planning Board's
receipt and consideration of written inspection reports from both
the Fire Marshal and Building Inspector, each stating that the premises
are safe for bed-and-breakfast use, and no such special exception
shall be approved except with a condition authorizing continued inspections
as need arises by both the Fire Marshal and Building Inspector. Such
inspections may be made at any reasonable time. If entrance to make
an inspection is refused or cannot be obtained, the Building Inspector
or Fire Marshal of the Village of Sag Harbor may apply to any court
of competent jurisdiction for a warrant to make an inspection.
K.
Each
floor and each guest bedroom shall be equipped with a working smoke
alarm and carbon monoxide detector.
L.
Any
sign at the premises shall be limited to a sign no greater than two
square feet.
M.
In no
event may the Board approve or allow more than 10 special exception
permits for a bed-and-breakfast in the R-20 District at any one time.
A.
All minor and major repairs to recreational boats and commercial
fishing vessels may be provided if such major repair services shall
not be deemed incompatible with the use of adjoining properties.
B.
Outdoor storage of boats may be permitted.
C.
Commercial fishing, dockage, warehousing, outdoor storage and similar
accessory uses may be permitted in connection with a boatyard, provided
that such uses are located at least 50 feet from any residential district
and provided that such use will not be deemed to be incompatible with
the use of adjoining properties.
A.
Any cemetery shall be located on a site not less than 10 acres.
B.
Any internment at a cemetery shall be at least 100 feet or more inside
any perimeter boundary or exterior lot line.
C.
Any chapel or building used for public assembly at a cemetery shall
not be greater than 2,000 square feet in area or 16 feet in height,
shall be at least 200 feet from any property line, and shall be limited
in use to the conducting of services incident to burials only.
D.
Any cemetery shall be designed so as to accommodate not fewer than
15 automobiles within its traffic ways and on site.
E.
Service buildings shall be located at least 50 feet from any side
or rear lot line and shall be at least 100 feet from any public or
private street.
F.
A crematory is prohibited.
G.
All side and rear property lines shall be planted with evergreen
vegetation specified by the Planning Board with the provisos that
any such plantings shall protect adjacent properties from any view
of the cemetery and activities therein and any such plantings shall
be subject to a maintenance covenant requiring that such plantings
survive and be maintained in good health.
A.
Purpose. The Telecommunications Act of 1996 affirmed the Village
of Sag Harbor's authority concerning the placement, construction and
modification of wireless telecommunications facilities. The Village
finds that wireless telecommunications facilities may pose significant
concerns to the health, safety, public welfare, historic character,
aesthetic qualities and environment of the Village and its inhabitants.
In order to ensure that the placement, construction and modification
of wireless telecommunications facilities is consistent with the Village's
land use policies, the Village hereby adopts a single, comprehensive
wireless telecommunications facilities application and permit process.
In order to ensure that the placement, construction and modification
of wireless telecommunications facilities do not threaten or endanger
the health, safety and welfare of the Village's residents and visitors,
and to protect the public welfare, environmental features, aesthetic
values and the nature and character of the community and neighborhoods
and other aspects of the quality of life specifically listed elsewhere
in this section, the Village hereby adopts an overall policy and requirements
with respect to a special use permit for wireless telecommunications
facilities for the express intent and purpose of achieving the following
goals:
(1)
Implementing an application process for person(s) seeking a
special use permit for placement and construction and maintenance
of wireless telecommunications facilities;
(2)
Establishing a policy for examining an application for and issuing
a special use permit for wireless telecommunications facilities that
is both fair and consistent to all licensed wireless telecommunications
providers;
(3)
Promoting and encouraging the sharing and/or co-location of
wireless telecommunications facilities among service providers;
(4)
Promoting and encouraging the placement, height and quantity
of wireless telecommunications facilities in such a manner, including
but not limited to the use of stealth and other innovative technology,
to minimize adverse aesthetic and visual impacts on the land, property,
buildings and other facilities adjacent to, surrounding, and near
the requested location of such wireless telecommunications facilities;
(5)
Promoting and encouraging the implementation of alternative
types of wireless telecommunications facilities and technology such
as secondary wireless telecommunication service facilities, repeaters,
and micro-cell technology to minimize the adverse visual and physical
effects of wireless telecommunications facilities and to protect the
natural features, aesthetics and open space character of the Village;
(6)
Promoting and encouraging the priority of siting of wireless
telecommunications facilities to minimize the adverse visual and physical
effects of wireless telecommunications facilities and to protect the
natural features, aesthetics and open space character of the Village;
(7)
To minimize the impact of such facilities on residential properties;
(8)
To encourage the siting of wireless telecommunications services
facilities on properties and areas which are not used for residential
purposes;
(9)
To avoid potential damage to property caused by towers and telecommunications
facilities by ensuring such structures are soundly and carefully designed,
constructed, modified, maintained and removed when no longer used
or determined to be structurally unsound; and
(10)
To ensure that towers and telecommunications facilities are
compatible with surrounding land uses.
B.
Word usage; definitions.
(1)
For purposes of this section, and where not inconsistent with
the context of a particular subsection, the defined terms, phrases,
words, abbreviations, and their derivations shall have the meanings
given in this section. When not inconsistent with the context, words
in the present tense include the future tense, words used in the plural
include words in the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
(2)
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
APPLICANT
APPLICATION
BOARD
CO-LOCATION
COMPLETED APPLICATION
FAA
FCC
HEIGHT
MODIFICATION
NIER
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
PUBLIC UTILITY STRUCTURE
REPEATER
SECONDARY WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
SPECIAL USE PERMIT
STATE
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATIONS
TELECOMMUNICATIONS SITE
TELECOMMUNICATIONS STRUCTURE
TEMPORARY
VILLAGE
WIRELESS TELECOMMUNICATIONS FACILITIES
As used in this section, the following terms shall have the
meanings indicated:
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities and located
on the same property or lots as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include but not be limited to radio, television, cellular,
paging, personal telecommunications services (PCS), microwave telecommunications
and services not licensed by the FCC, but not expressly exempt from
the Village's siting, building and permitting authority.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
All the necessary and appropriate documentation that an applicant
is required to submit for consideration of a special use permit for
a wireless telecommunications facilities as specifically set forth
in this section.
The Planning Board.
The use of a wireless telecommunications facility or other
structure to support antenna for the provision of wireless services
without increasing the height of such facility or other structure.
An application that contains all the information and/or data
required by this section necessary to enable an informed decision
to be made with respect to an application.
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 wireless telecommunications facility
or other structure, the distance measured from the preexisting grade
level to the highest point on such facility or other structure, even
if said highest point is an antenna or lightning protection device.
The addition, removal, change or alteration of any of the
physical and visually discernible components or aspects of a wireless
telecommunications facility, such as antennas, cabling, radios, equipment
shelters, landscaping, fencing, utility feeds, changing the color
or materials of any visually discernible components, vehicular access,
parking and/or an upgrade or change out of equipment for better or
more modern equipment. Adding a new wireless carrier or service provider
to a wireless telecommunications facility or telecommunications site
for purposes of this section shall be deemed as a "modification."
A modification shall not include the replacement of any components
of a wireless telecommunications facility where the replacement is
identical to the component being replaced or for any matters that
involve the normal repair and maintenance of a wireless telecommunications
facility without adding, removing, changing or altering the wireless
telecommunications facility in any respect.
Nonionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
Shall have the same meaning as defined and used in the 1996
Telecommunications Act.
Any structure erected for the purposes of providing a public
utility service, including, but not limited to, water towers, electric
transmission tower/poles and telephone poles.
A small, supplementary and accessory bidirectional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a failure of coverage and to minimize
visual impacts and the need for the primary base stations and which
may be attached to a structure or pole.
A small wireless telecommunications service facility that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a failure of coverage
that does not involve the construction of a new tower or increase
the height of any existing structure to which it is attached.
The official document or permit issued by the Board pursuant
to which an applicant is permitted to construct, maintain and use
a wireless telecommunications facility as granted or issued pursuant
to this section. The Board is hereby authorized to review and approve,
approve with modifications, or disapprove special use permits and
site plans consistent with Village Law, §§ 7-725[1] and 7-725-b.
The State of New York.
The use of innovative design technology to minimize adverse
aesthetic and visual impacts on the land, property, buildings and
other facilities located adjacent to, surrounding, and generally in
the same area as the requested location of such wireless telecommunications
facilities.
The transmission and/or reception of audio, video, data and
other information by wire, radio, frequency, light and other electronic
or electromagnetic systems.
See definition for "wireless telecommunications facilities."
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
In relation to all aspects and components of this section,
something intended to or that does exist for less than 90 days.
The Incorporated Village of Sag Harbor.
Includes personal wireless facilities and antennas and associated
equipment and/or a structure, tower, facility or location designed
or intended to be used as or used to support antennas or other transmitting
or receiving devices. This includes, without limitation, all kinds
of structures that employ stealth technology, including, but not limited
to, structures such as a multistory building, church steeple, silo,
water tower, sign or other structures that can be used to mitigate
the visual impact of an antenna or the functional equivalent of such,
including all related facilities, such as cabling, equipment shelters
and other structures associated with the site. It includes towers
of all types intended to accommodate wireless telecommunications facilities
and secondary wireless telecommunications service facilities and repeaters.
It is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal and emergency telecommunications
services, commercial satellite services, microwave services and services
not licensed by the FCC, but not expressly exempt from the Village's
siting, building and permitting authority, excluding those used exclusively
for the Village's fire, police or exclusively for private, noncommercial
radio and television reception and private citizen's bands, amateur
radio and other similar noncommercial telecommunications where the
height of the facility is below the height limits set forth in this
chapter.
[1]
Editor's Note: Village Law, § 7-725, relating to
planning board approval of site plans and certain uses, was repealed
by L. 1992, c. 694, § 3, eff. July 1, 1993, and is now covered
by Village Law § 7-725-a.
C.
Special use permit application and other requirements. No person
shall build, erect or construct a wireless telecommunications facility
upon any parcel of land within any zoning district within the Village
unless a special use permit shall have been issued in accordance with
this section. The Village Board of Trustees is hereby authorized to
review special use permit applications submitted pursuant to this
section as set forth herein.
(1)
All applicants for a special use permit for wireless telecommunications
facilities or any modification of such facility shall comply with
the requirements set forth in this section; applications for a special
use permit for wireless telecommunications facilities shall be made
to the Board of Trustees. Said Board is the officially designated
agency that is authorized to review, analyze, evaluate and make decisions
with respect to granting or not granting, recertifying or not recertifying,
or revoking special use permits for wireless telecommunications facilities.
The Village may, at its discretion, delegate or designate other official
agencies of the Village to accept, review, analyze, evaluate and make
recommendations to the Board with respect to the granting or not granting,
recertifying or not recertifying or revoking special use permits for
wireless telecommunications facilities.
(2)
An application for a special use permit for wireless telecommunications
facilities shall be signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
The landowner, if different than the applicant, shall also sign the
application. At the discretion of the 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.
(3)
Applications not meeting the requirements stated herein or which
are otherwise incomplete may be rejected by the Board.
(4)
The applicant shall include with the application a written certification:
(a)
That the applicant's proposed wireless telecommunications facilities
will be maintained in a safe manner and in compliance with all conditions
of the special use permit, without exception, as well as with all
applicable and permissible local codes, ordinances and regulations,
including any and all applicable Village, state and federal laws,
rules and regulations.
(b)
That the applicant is authorized to do business in the State
of New York and duly licensed by the Federal Communications Commission.
(c)
That the facility will be completed and will provide service
within 180 days of the date of the grant of the special use permit.
(5)
All applications for the construction or installation of new
wireless telecommunications facilities shall contain the information
hereinafter set forth. The application shall be signed by an authorized
individual on behalf of the applicant. Where a certification is called
for, such certification shall bear the signature and seal of a professional
engineer licensed in this state. The application shall include as
a minimum the following information:
(a)
Documentation that demonstrates the public necessity of the
wireless telecommunications facility at the location proposed to provide
service primarily and essentially within the Village. Such documentation
shall include, without limitation, propagation studies in sufficient
detail, as determined by the Board, of the proposed site and all adjoining
planned, proposed, in-service or existing sites and any alternative
site proposed by the Village;
(b)
The name, address and phone number of the person preparing the
report;
(c)
The name, address and phone number of the property owner, operator
and applicant, and to include documentation of the legal formation
of the applicant;
(d)
The postal address and tax map designation of the property;
(e)
The zoning district or designation in which the property is
situated;
(f)
Size of the property, stated both in square feet and lot line
dimensions, and a diagram showing the location of all lot lines;
(g)
The location of the nearest residential structure;
(h)
The location, size and height of all structures on the property
which is the subject of the application;
(i)
The location, size and height of all proposed and existing antennas
and all appurtenant structures;
(j)
The type, locations and dimensions of all proposed and existing
landscaping and fencing;
(k)
The number, type and design of the wireless telecommunications
facility and antenna(s) proposed and the basis for the calculations
of the facilities capacity to accommodate multiple users;
(l)
The make, model and manufacturer of the wireless telecommunications
facility and antenna(s);
(m)
A description of the proposed wireless telecommunications facility
and antenna(s) and all related fixtures, structures, appurtenances
and apparatus, including height above preexisting grade, materials,
color and lighting;
(n)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(o)
The actual intended transmission and the maximum effective radiated
power of the antenna(s);
(p)
Direction of maximum lobes and associated radiation of the antenna(s);
(q)
Certification that the NIER levels at the proposed site are
within the permissible threshold levels adopted by the FCC;
(r)
Certification that the proposed antenna(s) will not cause interference
with other telecommunications devices;
(s)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(t)
Certification that a topographic and geomorphologic study and
analysis have been conducted and, taking into account the subsurface
and substrata and the proposed drainage plan, that the site is adequate
to assure the stability of the proposed wireless telecommunications
facilities on the proposed site;
(u)
A radius map, certified by its preparer, showing the name, address,
section, block and lot number of all property located within 1,500
feet of any property line of the lot or parcel on which the new wireless
telecommunications facilities are proposed to be located.
(v)
Site plan. An applicant shall be required to submit a site plan
as follows: The site plan shall show all existing and proposed structures
and improvements, including roads, and shall include grading plans
for new facilities and roads. The site plan shall also include documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower or antennas and justification for any
land or vegetation clearing required. Additionally, the Board of Trustees
shall require the site plan include a completed visual environmental
assessment form (visual EAF) and landscaping plan addressing other
standards listed within this section, with particular attention to
visibility from key viewpoints within and outside of the municipality
as identified in the visual EAF. The Board may require submittal of
a more detailed visual analysis based on the results of the visual
EAF.
(6)
In the case of a new wireless telecommunications facility, the
applicant shall be required to submit a written report demonstrating
its meaningful efforts to secure shared use of existing wireless telecommunications
facilities, or the use of alternative buildings or other structures
within or adjoining the Village. Copies of written requests and responses
for shared use shall be provided to the Board as part of the application,
along with any letters of rejection stating the reason for rejection.
A written technical report from an engineer that the proposed tower
or telecommunications facilities cannot be installed or co-located
on another existing tower or usable antenna support structures owned
by others, located within a one-half-mile radius of the proposed tower
site, shall be provided.
(7)
The applicant shall certify that the wireless telecommunications
facility, foundation and attachments are designed and will be constructed
to meet all local, Village, state and federal structural requirements
for loads, including wind and ice loads.
(8)
The applicant shall certify that the wireless telecommunications
facilities will be effectively grounded and bonded so as to protect
persons and property, and installed with appropriate surge protectors.
(9)
The applicant shall furnish a visual impact assessment, which
shall include:
(a)
A Zone of Visibility Map, which shall be provided in order to
determine locations from which the wireless telecommunications facility
may be seen.
(b)
Pictorial representations of before and after views from key
viewpoints both inside and outside of the Village as may be appropriate,
including, but not limited to, state highways and other major roads;
state and local parks; other public lands; historic districts; preserves
and historic sites normally open to the public; and from any other
location where the site is visible to a large number of visitors,
travelers or residents; residential properties from which the site
is visible. The Board shall have the authority to determine the appropriate
key sites at a preapplication meeting.
(c)
An assessment of the visual impact of the wireless telecommunications
facility base and accessory buildings from abutting and adjacent properties
and streets which will demonstrate the need or appropriateness of
screening of said structures.
(10)
The applicant shall demonstrate and provide in writing and/or
by drawing how it shall effectively screen from view the base and
all related facilities and structures of the proposed wireless telecommunications
facilities.
(11)
Any and all representations made by the applicant or its counsel
to the Board, on the record or otherwise, during the application process,
whether written or verbal, shall be deemed a part of the application
and may be relied upon in good faith by the Board.
(12)
All utilities at a wireless telecommunications facilities site
shall be installed underground and in compliance with all laws, ordinances,
rules and regulations of the Village, including, specifically, but
not limited to, the National Electrical Safety Code and the National
Electrical Code, where appropriate.
(13)
All applications for wireless telecommunications facilities
shall demonstrate that the facility has been sited to minimize the
adverse visual and physical impacts and effect on the environment,
the adjacent neighborhood, and the Village and its character.
(14)
Both the wireless telecommunications facility and any and all
accessory or associated facilities shall maximize the use of building
materials, colors and textures designed to blend with the structure
to which it may be affixed, and/or to harmonize with the natural surroundings,
which shall include the utilization of stealth or concealment technology
as may be required by the Board.
(15)
Telecommunications sites shall provide an access road, turnaround
space, and parking to assure adequate emergency and service access.
Existing roads, whether public or private, shall be used to the maximum
extent possible. Road construction shall at all times minimize ground
disturbance and the cutting of vegetation. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
soil erosion.
(16)
A person who holds a special use permit for wireless telecommunications
facilities shall construct, operate, maintain, repair, provide for
removal of, modify or restore the permitted wireless telecommunications
facilities in strict compliance with all then current applicable technical,
safety and safety-related codes adopted by the Village, state, or
United States, including but not limited to the most recent editions
of the National Electrical Safety Code, the National Electrical Code,
FAA and FCC, as well as accepted and responsible workmanlike industry
practices and recommended practices of the National Association of
Tower Erectors, as modified and updated from time to time. The codes
referred to are codes that include, but are not limited to, use, construction,
building, electrical, fire, safety, health and land use codes. In
the event of a conflict between or among any of the preceding, the
more stringent shall apply.
(17)
A holder of a special use permit granted under this section
shall obtain, at its own expense, all permits and licenses required
by applicable law, rule, regulation or code, and must maintain the
same in full force and effect for as long as required by the Village
or other governmental entity or agency having jurisdiction over the
permittee.
(18)
With respect to the application process, the Board will seek
lead agency status pursuant to SEQRA. The Board shall conduct an environmental
review of the proposed project pursuant to SEQRA in combination with
its review of the application pursuant to this section.
(19)
An applicant shall submit to the Village the number of completed
applications determined to be needed at the preapplication meeting.
(20)
The applicant shall examine the feasibility of designing a proposed
wireless telecommunications facility to accommodate future demand
for at least five additional commercial applications for future co-locations.
As determined by the Board, the wireless telecommunications facility
shall be structurally designed to accommodate at least five additional
antenna arrays equal to those of the applicant and located as close
to the applicant's antenna as possible without causing interference.
(21)
Future shared use.
(a)
The owner of the proposed new wireless telecommunications facility,
and his/her successors in interest, shall negotiate in good faith
for the shared use of the proposed wireless telecommunications facility
by other wireless service providers in the future, and shall:
[1]
Respond within 60 days to requests for information
from a potential shared-use applicant;
[2]
Negotiate in good faith concerning future requests
for shared use of the new wireless telecommunications facility by
other telecommunications providers; and
[3]
Allow shared use of the new wireless telecommunications
facility if another telecommunications provider agrees in writing
to pay reasonable charges. The charges may include, but are not limited
to, a pro rata share of the cost of site selection, planning, project
administration, land costs, site design, construction and maintenance
financing, return on equity, less depreciation, and all of the costs
of adapting the wireless telecommunications facility or equipment
to accommodate a shared user without causing electromagnetic interference.
(b)
Failure to abide by the conditions outlined above shall be grounds
for revocation of the special use permit for the wireless telecommunications
facility.
(22)
There shall be a preapplication meeting. The purpose of the
preapplication meeting will be to address issues which will help to
expedite the review and permitting process. A preapplication meeting
shall also include a site visit, if there has not yet been a prior
site visit for the requested site. Costs of the Village's consultants
to prepare for and attend the preapplication meeting will be borne
by the applicant. Any and all representations made by the applicant
or its counsel during the preapplication meeting and site visit shall
be deemed a part of the application and may be relied upon in good
faith by the Village of Sag Harbor.
(23)
The holder of a special use permit shall notify the Village
of any intended modification of a wireless telecommunications facility
and shall apply to the Board to modify, relocate or rebuild a wireless
telecommunications facility.
(24)
In order to better inform the public of the potential visual
impact of a new wireless telecommunications facility, the applicant
shall, at the discretion of the Board, conduct a balloon test prior
to the public hearing on the application. The applicant shall arrange
to fly or raise upon a temporary mast a minimum of three feet in diameter,
a brightly colored balloon at the maximum height of the proposed new
wireless telecommunications facility. The dates (including a second
date, in case of poor visibility on the initial date), times and location
of this balloon test shall be published in the official newspaper
of the Village. The applicant shall inform the Village, in writing,
of the dates and times of the test at least 14 days in advance. The
balloon shall be flown for at least three consecutive hours sometime
between 9:00 a.m. and 4:00 p.m. on the initial date. The secondary
date may be on a weekday.
(25)
The applicant shall provide a written copy of an analysis, completed
by a qualified individual or entity, to determine if the wireless
telecommunications facility or existing structure intended to support
wireless facilities requires lighting under Federal Aviation Administration
Regulation Part 77. This requirement shall be for any new wireless
telecommunications facility or for an existing structure or building
where the application increases the height of the structure or building.
If this analysis determines that the FAA must be contacted, then all
filings with the FAA, all responses from the FAA, and any related
correspondence shall be provided to the Village in a timely manner.
D.
Location.
(1)
Applicants for wireless telecommunications facilities shall
locate, site and erect said wireless telecommunication facilities
in accordance with the following priorities, (a) being the highest
priority and (g) being the lowest priority. The applicant shall demonstrate
to the Board its attempts to locate on the highest priority sites
available.
(a)
On Village-owned properties or facilities.
(b)
On electric, telephone and any other utility poles.
(c)
On existing nonresidential structures, such as water towers,
multistory buildings, church steeples, silos and existing telecommunications
towers or other similar nonresidential structures when placement of
wireless facilities, including but not limited to antennas, do not
increase the height of the structure.
(d)
On nonresidential properties, such as schools, churches, universities,
clubs, similar type nonresidential properties, and commercial property.
(e)
Sites in excess of 10 acres.
(f)
On other properties in the Village. No existing structure shall
be modified to serve as a transmission tower unless in conformity
with the regulations established herein.
(g)
Other locations not meeting with the above priority criteria
shall only be permitted by the Board when the applicant demonstrates
to the Board's satisfaction that a priority site is not available
and the alternative site, to the maximum extent practicable, protects
and preserves the aesthetic qualities, open space characteristics
of the Village, the property values of the community and the health,
safety and welfare of Village residents.
(2)
Towers shall be permitted only as a last alternative after all
other transmission alternatives have been proven not to be effective
to eliminate substantial gaps in service within the Village. Guyed
wire towers shall not be permitted.
(3)
If the need for a new tower is proven, the tower shall be no
taller than the minimum height necessary to eliminate substantial
gaps in service or portions thereof within the Village.
(4)
If the proposed site is not the highest priority listed in Subsection
A(1)(a) through (g) of this section, then a detailed explanation must
be provided as to why any individual site of any higher priority type
was not selected or available. The applicant seeking such an exception
must satisfactorily demonstrate the reason or reasons why such a permit
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed site.
(5)
An applicant may not bypass sites of higher priority by stating
that the site proposed is the only site leased or selected. An application
shall always address co-location as the first preference of the Village.
If such option is not proposed, the applicant must explain to the
reasonable satisfaction of the Board why co-location is not feasible.
(6)
Notwithstanding the above, the Village may approve any site
located within an area in the above list of priorities, provided that
the Village finds that the proposed site is in the best interest of
the health, safety and welfare of the Village and its inhabitants
and will not have a deleterious effect on the aesthetic nature and
character of the community, the neighborhood and on nearby property
values. Notwithstanding the above, the Village may disapprove any
site located within an area in the above list of priorities, provided
that the Village finds that the proposed site is not in the best interest
of the health, safety and welfare of the Village and its inhabitants
and will have a deleterious effect on the aesthetic nature and character
of the community, the neighborhood and on nearby property values.
(7)
The applicant shall submit a written report demonstrating the
applicant's review of the above categories of locations in order of
priority, demonstrating the reason for the site selection. If appropriate,
based on selecting a site of lower priority, a detailed written explanation
shall be included with the application, explaining why categories
of sites of a higher priority were not selected or available.
(8)
Notwithstanding that a potential site may be situated in an
area of highest priority or highest available priority, the Village
may disapprove an application for any of the following reasons:
(a)
Conflict with safety and safety-related codes and requirements;
(b)
Conflict with the historic nature or aesthetic character of
a neighborhood or historical district;
(c)
The use or construction of wireless telecommunications facilities
which is contrary to an already stated purpose of a master plan or
specific zoning or land use designation;
(d)
The placement and location of wireless telecommunications facilities
which would create an unacceptable risk, or the reasonable probability
of such, to residents, the public, employees and agents of the Village,
or employees of the service provider or other service providers; or
(e)
Conflicts with the provisions of this chapter.
E.
Shared use.
(1)
Co-locating on existing wireless telecommunications facilities
or other structures without increasing the height, as opposed to the
construction of a new wireless telecommunications facility or increasing
the height of the existing facility, shall be preferred by the Village.
The applicant shall submit a comprehensive report inventorying existing
wireless telecommunications facilities and other suitable alternative
structures within a two-mile radius of the location of any proposed
new site or wireless telecommunications facilities and demonstrate
conclusively why an existing wireless telecommunications facility
or other suitable structure cannot be used.
(2)
An applicant intending to locate on an existing wireless telecommunications
facility or other suitable structure shall be required to document
the consent of the existing owner to permit its use by the applicant.
(3)
Such shared use shall consist only of the minimum antenna array
necessary to provide service primarily and essentially within the
Village.
F.
Height.
(1)
The applicant shall submit documentation justifying the total
height of any wireless telecommunications facility and/or antenna
and the basis therefor. Such documentation will be analyzed in the
context of the justification of the height needed to provide service
primarily and essentially within the Village.
(2)
If the need for a new wireless telecommunications facility can
be proven, the maximum permitted height of a wireless telecommunications
facility shall be no higher than the minimum height necessary to eliminate
substantial gaps in service within the Village, whether in whole or
in part. In no event shall a tower be higher than 75 feet.
G.
Appearance and visibility.
(1)
All wireless telecommunications facilities shall employ stealth
design technology, as determined by the Board.
(2)
Wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by law.
(3)
Wireless telecommunications facilities shall be galvanized or,
if deemed necessary, painted with a rust-preventive paint of an appropriate
color to harmonize with the surroundings and shall be maintained in
accordance with the requirements of this section.
(4)
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 applicable regulations.
(5)
Wireless telecommunications facilities and all related cabling
that are co-located on a structure other than a wireless telecommunications
facility shall be of a color that matches the color of the structure
to which the facilities are attached. Whenever possible, wireless
telecommunications facilities shall employ stealth technology to minimize
the visual impact of such facilities and equipment.
(6)
In all cases, structures offering slender silhouettes (i.e.,
monopoles) shall be preferable to freestanding structures, except
where such freestanding structures offer capacity for future co-location.
Towers should be designed and sited so as to avoid, whenever possible,
application of FAA lighting and painting requirements.
H.
Security. All wireless telecommunications facilities and antennas
shall be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically, all antennas, towers and other
supporting structures shall be made reasonably inaccessible to unauthorized
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with and shall be installed in such
a manner that they are readily accessible only to persons authorized
to operate or service them.
I.
Signage. Wireless telecommunications facilities shall contain a sign
no larger than is required to provide adequate notification to persons
in the immediate area of the presence of an antenna that has transmission
capabilities and shall contain the name(s) of the owner(s) and operator(s)
of the antenna(s) as well as emergency phone number(s). The sign shall
be placed on the equipment shelter or cabinet located on the premises
and be visibly able to be read from the access point of the site.
The sign shall not be lighted, unless lighting is required by applicable
law, rule or regulation. No other signage, including advertising,
shall be permitted.
J.
Lot size and setbacks. All proposed structures associated with a
wireless telecommunications facility shall be set back so as to comply
with applicable minimum setback requirements for the zoning district
in which the property is situated. On poles or other public utility
structures on public utility rights-of-way, the setback shall be as
required by the utility or any existing or future governing law or
regulation. Proposed towers and their associated equipment shall be
set back a minimum of 110% of the height of the tower above finished
grade from all property lines and existing structures. Additional
setbacks may be required by the Board to contain on site substantially
all icefall or debris from tower failure and/or to preserve privacy
of adjoining residential and public property. Setbacks shall apply
to all tower parts and to any accessory facilities.
K.
Visual mitigation.
(1)
Landscaping and/or other screening and visual mitigation treatments,
including but not limited to the use of camouflage, stealth or concealment
technologies or treatments shall be required to minimize the visual
and aesthetic impact of such facility.
(2)
All ground-based equipment and structures shall either be located
underground or placed so as not to be directly or easily visible from
any property line.
(3)
Accessory facilities shall maximize use of building materials,
colors and textures designed to blend with the natural surroundings.
(4)
Existing on-site vegetation shall be preserved to the maximum
extent possible, and no cutting of trees exceeding four inches in
diameter (measured at a height of four feet off the ground) shall
take place without prior approval of the Board. Clear-cutting of all
trees in a single contiguous area exceeding 5,000 square feet shall
be prohibited.
(5)
Deciduous or evergreen tree plantings may be required to screen
portions of the tower from nearby residential property as well as
from public sites known to include important viewsheds or vistas.
Where the site abuts residential or public property, including streets,
the vegetative screening shall be required, consisting of at least
one row of native evergreen shrubs or trees capable of forming a continuous
hedge at least 10 feet in height within two years of planting, to
effectively screen the tower base and accessory facilities. In the
case of poor soil conditions, planting may be required on soil berms
to assure plant survival. Plant height in these cases shall exclude
the height of any berm. Required vegetation shall be maintained as
a condition of the special use permit.
L.
Noise. Noise-producing equipment shall be sited and/or insulated
to minimize any increase in noise above ambient levels as measured
at the property line.
M.
Retention of expert assistance.
[Amended 10-8-2013 by L.L. No. 6-2013]
(1)
The Board may retain any attorney, consultant and/or expert
necessary to assist it in reviewing and evaluating the application,
including the construction, modification and inspection of the site
once permitted, and any requests for recertification.
(2)
Any application submission shall be simultaneously submitted
to the Board's consultants by the applicant.
N.
Exceptions from special use permit requirement.
(1)
No person shall be permitted to site, place, build, construct,
modify or prepare any site for the placement or use of wireless telecommunications
facilities as of the effective date of this section without having
first obtained a special use permit for wireless telecommunications
facilities. Notwithstanding anything to the contrary in this section,
no special use permit shall be required for those exceptions noted
in the definition of "wireless telecommunications facilities."
(2)
All wireless telecommunications facilities legally existing
on or before the effective date of this section shall be allowed to
continue as they presently exist; provided, however, that any modifications
of an existing wireless telecommunications facility must comply with
the provisions of this section.
O.
Public hearing and notification requirements.
(1)
Prior to the approval of any application for a special use permit
for wireless telecommunications facilities, a public hearing shall
be held by the Board, notice of which shall be published in the official
newspaper of the Village no less than 10 calendar days prior to the
scheduled date of the public hearing. The applicant shall notify all
landowners, in writing, whose property is located within 1,500 feet
of any property line of the lot or parcel on which the new wireless
telecommunications facilities are proposed to be located and any property
owner or organization directly impacted by the proposed facility,
as determined by the Board, by certified mail, return receipt requested,
no less than 10 calendar days prior to the scheduled date of the public
hearing.
(2)
There shall be no public hearing required for an application
to co-locate on an existing wireless telecommunications facility or
other structure, provided that there is no proposed increase in the
height of the wireless telecommunications facility or other structure,
including attachments thereto.
(3)
The Board shall schedule the public hearing referred to in Subsection A of this section once it determines that the application is complete. The Village, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary. The Board may waive any part or item to be contained in the application upon request of that applicant for good cause shown as determined by the Board.
P.
Action on application for special use permit.
(1)
The Board will undertake a review of an application pursuant
to this section in a timely manner, consistent with its responsibilities
with SEQRA, and shall act within a reasonable period of time given
the relative complexity of the application and the circumstances,
with due regard for the public's interest.
(2)
The Board may refer any application or part thereof to any advisory
or other committee for a nonbinding recommendation.
(3)
After the public hearing and after formally considering the
application, the Board may approve, approve with conditions, or deny
a special use permit. The Board's decision shall be in writing and
shall be supported by substantial evidence contained in the record.
The burden of proof for the grant of the permit shall be upon the
applicant.
(4)
Construction of a wireless telecommunications facility permitted under this section shall be started within 90 days of the date of the grant of the special use permit and be completed, obtain a certificate of completion, and provide service within 180 days of the date of the grant of the special use permit. If the requirements of this Subsection P(4) are not complied with, the wireless telecommunications facility shall be deemed to have been abandoned, the special use permit shall be revoked and the provision of Subsection Z shall be enforced.
Q.
Recertification of special use permit.
(1)
All special use permits approved pursuant to this section shall
expire five years from the date of issuance unless, between 12 months
and six months prior to the five-year anniversary date of the special
use permit and all subsequent five-year anniversaries of the issuance
of the original special use permit for wireless telecommunications
facilities, the holder of a special use permit for such facility shall
submit a signed, written request to the Board for recertification.
In the written request for recertification, the holder of such special
use permit shall include the following:
(a)
The name of the holder of the special use permit for the wireless
telecommunications facility.
(b)
If applicable, the number or title of the special use permit.
(c)
The date of the original granting of the special use permit.
(d)
Whether the wireless telecommunications facility has been moved,
relocated, rebuilt or otherwise modified since the issuance of the
special use permit and, if so, in what manner.
(e)
A representation that the wireless telecommunications facility
is in compliance with the special use permit and compliance with all
applicable codes, laws, rules and regulations.
(f)
Recertification that the wireless telecommunications facility
and attachments are designed and constructed and continue to meet
all local, Village, state and federal structural requirements for
loads, including wind and ice loads. Such recertification shall be
made by a professional engineer, licensed in the state, the cost of
which shall be borne by the applicant.
(g)
A representation that the existing wireless telecommunications
facility cannot be replaced by a wireless telecommunications facility
of improved stealth technology which will reduce the visual impact
of such existing facility.
(2)
If, after such review, the Board determines that the permitted wireless telecommunications facility is in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations currently in effect, then the Board shall issue a recertification of the special use permit for the wireless telecommunications facility, which may include any new provisions or conditions that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facility is not in compliance with the special use permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Board may refuse to issue a recertification of the special use permit for the wireless telecommunications facility, and in such event, such wireless telecommunications facility shall not be used after the date that the applicant receives written notice of the decision by the Board and until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in the record and shall be promptly provided to the owner of the facility. In the event the wireless communications facility shall not be brought into compliance within 90 days from the date of the decision of the Board, the facility shall be removed by the permittee in accordance with Subsection Z below.
(3)
If the applicant represents that the wireless communications
facility can be replaced by a facility of improved visual appearance
through the use of stealth technology pursuant to Subsection P(1)(g)
above, the special use permit shall be renewed on the condition that
the wireless telecommunications facility shall be replaced by a wireless
communications facility of improved stealth technology as approved
by the Board prior to the expiration of the conditional renewal.
(4)
If the applicant has submitted all of the information requested and required by this section, and if the review is not completed as noted in Subsection P(2) above prior to the five-year anniversary date of the special use permit or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facility shall receive an extension of the special use permit for up to six months in order to complete the recertification review.
(5)
If the holder of a special use permit for a wireless telecommunications facility does not submit a request for recertification of such special use permit within the time frame noted in Subsection P(1) above, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit or subsequent five-year anniversaries.
R.
Extent and parameters of special use permits. The extent and parameters
of a special use permit for wireless telecommunications facilities
shall be as follows:
(1)
Such special use permit shall be nonexclusive;
(2)
Such special use permit shall not be assigned, transferred or
conveyed without the express prior written notification of the Village
of Sag Harbor; and
(3)
Such special use permit may be revoked, canceled or terminated
for a violation of the conditions and provisions, if any, of the special
use permit or for material violation of this section.
S.
Application fee.
(1)
At the time of submission of an application for a special use
permit for a wireless telecommunications facility, a nonrefundable
application fee of $6,000 shall be paid to the Village. If the application
is for a special use permit for co-locating on an existing wireless
telecommunication facility or other structure, the nonrefundable fee
shall be $3,000. Joint applications for co-location on one site shall
be treated as separate applications.
(2)
The application fee for recertification of a special use permit for a wireless telecommunications facility shall be $1,500 unless there has been a modification of the wireless telecommunications facility since the date of the issuance of the original special use permit for which the conditions of the special use permit have not previously been modified. In the case of any modification, the fees provided in Subsection R(1) shall apply. Any submissions or information provided of any kind shall simultaneously be provided to the Village's consultant.
T.
Performance security. The applicant and the property owner of record
of any wireless telecommunications facilities site shall, at its cost
and expense, be jointly required to execute and file with the Village
a bond or other form of security acceptable to the Village in an amount
of $100,000 and with such sureties as are deemed sufficient by the
Village to assure the faithful performance of the terms and conditions
of this section and conditions of any special use permit issued pursuant
to this section. For co-locations that do not increase the height
of the structure attached to, the bond or other security shall be
$50,000. The full amount of the bond or security shall remain in full
force and effect throughout the term of the special use permit, recertification
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.
U.
Reservation of authority to inspect. In order to verify that the
holder of a special use permit for wireless telecommunications facilities
and any and all lessees, renters and/or licensees of wireless telecommunications
facilities place and construct such facilities, including towers and
antennas, in accordance with all applicable technical, safety, fire,
building and zoning codes, laws, ordinances and regulations and other
applicable requirements, the Village may inspect all facets of said
permit holder's, renter's, lessee's or licensee's placement, construction,
modification and maintenance of such facilities, including, but not
limited to, towers, antennas and buildings or other structures constructed
or located on the permitted site.
V.
Annual NIER certification. The holder of the special use permit shall,
annually, certify to the Village that NIER levels at the site are
within the threshold levels then currently adopted by the FCC and
that the design and use of the wireless telecommunications facility,
including its cumulative impact with other existing facilities, conform
to the maximum NIER exposure standards promulgated by the FCC as then
existing. Said certification shall include a report prepared in accordance
with FCC Office of Engineering and Technology Bulletin 65, as amended.
The Village may hire a consultant of its choosing to analyze and verify
such certification; the cost of such consultant shall be reimbursed
by the applicant or special use permit holder.
W.
Liability insurance.
(1)
The holder of a special use permit for a wireless telecommunications
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)
Commercial general liability covering personal injuries, death
and property damage: $2,000,000 per occurrence; $5,000,000 aggregate.
Extensions: waiver of subrogation in favor of the Village;
(b)
Automobile coverage: $1,000,000 per occurrence; $2,000,000 aggregate;
(c)
Worker's compensation and disability: statutory amounts. Extensions:
voluntary compensation. All states' coverage, employers' liability:
unlimited.
(d)
Umbrella liability: umbrella form: $5,000,000.
(2)
The commercial general liability, automobile and umbrella insurance
policies shall specifically include the Village and all elected and
appointed officials, and its employees, volunteers, committee members,
attorneys, agents and consultants as additional named insureds by
endorsement to the policy of insurance.
(3)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A.
(4)
The insurance policies shall contain an endorsement obligating
the insurance company to furnish the Village with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
(5)
Renewal or replacement policies or certificates shall be delivered
to the Village at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
(6)
Before construction of a permitted wireless telecommunications
facility is initiated, but in no case later than 15 days after the
grant of the special use permit, the holder of the special use permit
shall deliver to the Village a copy of each of the policies or certificates
representing the insurance in the required amounts.
X.
Indemnification.
(1)
Any application for wireless telecommunication facilities that
is proposed for property located within the Village pursuant to this
section shall contain a provision with respect to indemnification.
Such provision shall require the applicant, to the extent permitted
by the law, to at all times defend, indemnify, protect, save and hold
harmless, and exempt the Village and its officers, boards, 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. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by the Village. Said indemnity shall be signed by a duly
authorized corporate officer or representative of the applicant.
Y.
Fines.
(1)
In the event of a violation of this section or any special use
permit issued pursuant to this section, the Village may impose and
collect from the property owner and/or holder of a special use permit
for wireless telecommunications facilities the fines or penalties
as set forth below. A violation of this section is hereby declared
to be an offense, punishable by a fine not exceeding $350 per day,
per occurrence, 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 per day
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 of not
less than $700 per day nor more than $1,000 per day or imprisonment
for a period not to exceed six months, or both. However, for the purpose
of conferring jurisdiction upon courts and judicial officers generally,
violations of this section or of such ordinance or regulation shall
be deemed misdemeanors and, for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
(2)
Notwithstanding anything in this section to the contrary, the
holder of a special use permit for a wireless telecommunications facility
may not use the payment of fines, liquidated damages or other penalties
to evade or avoid compliance with this section or any subsection of
this section. An attempt to do so shall subject the holder of the
special use permit to termination and revocation of the special use
permit. The Village may also seek injunctive relief to prevent the
continued violation of this section, without limiting other remedies
available to the Village.
Z.
Default and/or revocation of special use permit.
(1)
If wireless telecommunications facilities are repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this section
or of the special use permit, then the Village shall notify the holder
of the special use permit in writing of such violation. Such notice
shall specify the nature of the violation or noncompliance and that
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 subsection 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 Village may, at
its sole discretion, order the violation remedied within 24 hours.
(2)
If, within the period set forth in Subsection Z(1) above, the wireless telecommunications 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 facility into compliance, then the Village may revoke such special use permit for such wireless telecommunications facility and shall notify the holder of the special use permit within 48 hours of such action.
AA.
Removal; adherence to state/federal rules; waiver.
(1)
Under the following circumstances the Village may determine
that the health, safety and welfare interests of the Village warrant
and require the removal of wireless telecommunications facilities.
(a)
Wireless telecommunications facilities with a permit have been
abandoned (i.e., not used as wireless telecommunications facilities)
for a period exceeding 90 consecutive days or a total of 180 days
in any three-hundred-sixty-five-day period, except for periods caused
by force majeure or acts of God, in which case, repair or removal
shall commence within 90 days;
(b)
Permitted wireless telecommunications facilities fall into such
a state of disrepair that it creates a health or safety hazard; or
(c)
Wireless telecommunications facilities have been located, constructed
or modified without first obtaining, or in a manner not authorized
by, the required special use permit or any other necessary authorization.
(2)
If the Village makes such a determination as noted in Subsection AA(1) of this section, then the Village shall notify the holder of the special use permit for the wireless telecommunications facility within 48 hours that said wireless telecommunications facility is to be removed. The Village may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facility.
(3)
The holder of the special use permit or its successors or assigns
shall dismantle and remove such wireless telecommunications facility
and all associated structures and facilities from the site and restore
the site to as close to its original condition as is possible within
90 days of receipt of written notice from the Village. However, if
the owner of the property upon which the wireless telecommunications
facility is located wishes to retain any access roadway to the wireless
telecommunications facility, the owner may do so with the approval
of the Board.
(4)
If a wireless telecommunications facility is not removed or
substantial progress has not been made to remove the wireless telecommunications
facility within 90 days after the permit holder has received notice,
then the Village may order officials or representatives of the Village
to remove the wireless telecommunications facility at the sole expense
of the owner and/or special use permit holder.
(5)
If the Village removes or causes to be removed a wireless telecommunications
facility, and the owner of the wireless telecommunications facility
does not claim and remove it from the site to a lawful location within
10 days, then the Village may take steps to declare the wireless telecommunications
facility abandoned and sell it and its components.
(6)
Notwithstanding anything in this section to the contrary, the
Village may approve a temporary use permit/agreement for the wireless
telecommunications facility, for no more than 90 days, during which
time a suitable plan for removal, conversion or relocation of the
affected wireless telecommunications facility shall be developed by
the holder of the special use permit, subject to the approval of the
Village, and an agreement to such plan shall be executed by the holder
of the special use permit and the Village. If such a plan is not developed,
approved and executed within said ninety-day time period, then the
Village may take possession of and dispose of the affected wireless
telecommunications facility in the manner provided in this section.
(7)
To the extent that the holder of a special use permit for a
wireless telecommunications facility has not received relief or is
otherwise exempt from appropriate state and/or federal agency rules
or regulations, then the holder of such a special use permit shall
adhere to and comply with all applicable rules, regulations, standards
and provisions of any state or federal agency, including, but not
limited to, the FAA and the FCC. Specifically included in this requirement
are any rules and regulations regarding height, lighting, security,
electrical and RF emission standards.
(8)
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, security and RF emissions
standards are changed and/or are modified during the duration of a
special use permit for a wireless telecommunications facility, then
the holder of such a special use permit shall conform the permitted
wireless telecommunications facility to the applicable changed and/or
modified rule, regulation, standard or provision within 12 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.
(9)
Waiver or modifications. The Board may waive or modify any of
the provisions and requirements contained herein upon application
of the applicant to the Board showing just cause for such waiver in
order to further the purposes and intent of this section and compliance
with the Telecommunications Act of 1996.
A.
A day-care facility is a private establishment enrolling seven or
more children between zero and five years of age and where tuition,
fees or other forms of compensation for the care of the children is
charged and which is licensed and approved to operate as a day-care
center or nursery school pursuant to the Social Services Law.
B.
Any day-care facilities shall be designed to accommodate to the maximum
extent the safe stopping and parking and departure of vehicles discharging
and picking up children, encouraging the use of on-site areas wherever
reasonable.
C.
Any day-care facility shall not be located on a major thoroughfare
or within 100 feet of the intersection of any street with a major
thoroughfare.
D.
An adequate on-site outdoor recreational area shall be provided,
subject to adequate screening, fencing, location only in a rear yard
and use limited to between 9:00 a.m. and 5:00 p.m.
E.
No swimming pool facility shall be located at the site of a day-care
facility or within 250 feet of any such facility.
A.
A dish antenna exceeding 18 inches in diameter shall be deemed a
structure and shall be subject to the provisions of this chapter relating
to structures.
B.
A dish antenna may be installed and maintained on a lot in any district
as an accessory use for purposes customarily incidental to the principal
use conducted on the lot, provided that:
(1)
The diameter of such dish antenna shall not exceed one meter
(39.37 inches).
(2)
Such dish antenna shall be mounted on the ground, except as
hereinafter provided. In the VB Village Business and WF Waterfront
Districts, such dish antenna may be mounted on the roof of a building
and the number of such dish antennas mounted on the roof shall not
exceed one per building, and the dish antenna shall be concealed from
public view.
(3)
Such dish antenna shall be installed in conformity with the
provisions of this chapter relating to accessory structures.
(4)
Such dish antenna shall be installed at the location approved
by the Board of Historic Preservation and Architectural Review, provided
same is concealed from public view.
(5)
The height of such dish antenna shall not exceed the height
approved by the Board of Historic Preservation and Architectural Review,
and said Board shall limit its approval to the smallest dish antenna
available in the marketplace and reasonably useful at the subject
site.
(6)
Landscape screening for such dish antenna, approved by the Board
of Historic Preservation and Architectural Review, shall be installed
and maintained.
C.
No building permit shall be issued for a dish antenna unless and
until the location and height thereof and landscape screening therefor
shall have been approved by the Board of Historic Preservation and
Architectural Review. The plans submitted with an application for
a building permit shall include a site plan showing the proposed location
and proposed height and a landscape plan showing the proposed screening.
D.
In determining whether to approve or disapprove the proposed location,
height and landscape screening, the Board of Historic Preservation
and Architectural Review shall consider the following standards:
(1)
The dish antenna shall be installed at a location which minimizes
or avoids, to the maximum extent practicable, the adverse visual and
aesthetic impact of the dish antenna on adjoining properties, adjacent
streets and the neighborhood, consistent with the need to receive
adequate signal reception and economic considerations.
(2)
The height of the dish antenna shall not exceed a height which
minimizes or avoids, to the maximum extent practicable, the adverse
visual and aesthetic impact of the dish antenna on adjoining properties,
adjacent streets and the neighborhood, consistent with the need to
receive adequate signal reception and economic considerations.
(3)
Landscaped screening shall be provided which minimizes or avoids,
to the maximum extent practicable, the adverse visual and aesthetic
impact of the dish antenna on adjoining properties, adjacent streets
and the neighborhood, consistent with the need to receive adequate
signal reception and economic considerations.
A.
An accessory drive-in/drive-through window is prohibited.
B.
No more than 50% of a site or lot devoted to a fast-food restaurant
shall be covered by buildings, paving or other impervious surfaces.
All nonimpervious areas of the site shall be landscaped or otherwise
vegetated by means of lawn, ground cover, shrubs, trees and other
plantings. However, as much of the natural and existing ground cover
shall be preserved. Plantings shall be native vegetative species,
not ornamental, and shall be such species that require little irrigation
or watering.
C.
No outside banners, flags (other than a municipal flag or flag of
the United States of America), sandwich boards, directional window
signs or other outside temporary signage shall be permitted.
D.
The external appearance and overall design of the facility shall
be as specified by the Board of Historic Preservation and Architectural
Review incident to architectural/design review. The Board of Historic
Preservation and Review may require the applicant or owner to modify
or omit standardized signs, facades, materials or other elements of
the facility's external appearance and overall design which, while
ordinarily employed at other of the applicant's establishments, violate
provisions of the Zoning Code or are found to be unsatisfactory to
said Board relative to the goals and objectives of the Zoning Code.
E.
Parking areas and vehicular and pedestrian circulation areas shall
be lit at night only to the extent necessary to provide safe and convenient
vehicular and pedestrian circulation when the restaurant is open and
shall be switched off 1/2 hour after closing and may not be turned
on until 1/2 hour prior to opening.
F.
All service areas, such as unloading operations and garbage pickup,
mechanical equipment and such facilities as packer units, RPZ valves,
LP tanks, transformers, condensers, heating, ventilating and air-conditioning
units, etc., shall be screened from streets and common driveways and
adjacent properties by means of opaque screening in the form of fencing
or plantings, or a combination thereof, to a height of at least six
feet.
G.
A row of shrubs or other landscape material which is no less than
three feet in height shall be provided along the outside perimeter
of all parking and on-site circulation areas. However, such landscaping
shall not block sight lines within the site. No outdoor storage of
any kind, whether temporary or permanent, and whether screened or
not, shall be permitted.
H.
All garbage and refuse shall be stored in facilities within the main
building. No accessory structures or buildings, whether screened or
enclosed, shall be provided for such purposes. In addition, no walk-in
freezer units shall be placed in accessory structures or buildings.
I.
No outdoor seating areas and no outdoor or indoor play lands or playgrounds
shall be provided in conjunction with or accessory to a fast-food
restaurant.
J.
No lighting shall be placed on the roof, nor shall any roof be lit
directly or indirectly by externally mounted lights.
K.
No fast-food restaurant shall be open before 6:00 a.m. on any day
nor close after 11:00 p.m. on weekdays and 12:00 midnight on weekends
or holidays.
L.
Service deliveries and any loading or unloading operation shall only
occur between 6:00 a.m. and 6:00 p.m.
M.
Garbage pickup shall not be provided prior to 7:00 a.m. on weekdays
and 8:00 a.m. on weekends or holidays.
N.
No outdoor speakers, nor any outdoor music or public-address system,
shall be provided.
O.
No fast-food restaurant shall be permitted on a flagpole lot.
P.
The overall appearance and layout of the fast-food restaurant, including
both the building and the site, and the operation thereof, shall be
designed to be in conformity with the character of the community in
which it is located. Generic and standard architectural design derivatives
of national or regional chains shall not be permitted. Architectural
design, including the use of facade materials, roof materials, window
and door treatments, lighting, landscaping and signage, shall be reflective
of and harmonious with the vernacular architecture of the particular
hamlet in which the fast-food restaurant is located.
Q.
There shall be adequate off-street parking and loading spaces to
serve the proposed use, including the parking of oversized vehicles.
In the interest of public safety, no vehicle related to such use shall
use the shoulder of an adjacent public street for parking or loading.
A.
A funeral home shall not be located on any parcel less than two acres
in lot area with at least 100 feet frontage on a public street.
B.
Parking shall be prohibited in any front yard.
C.
Evergreen screening specified by the Planning Board shall be maintained
along all side and rear lot lines.
D.
Any building service entry shall be limited to the rear of the premises
only and shall be adequately screened from the view of all adjacent
properties.
E.
Any application for a special exception approval shall be accompanied
by a complete copy of any approval required from any other agency,
including, by way of illustration not limitation, the Suffolk County
Department of Health Services.
A.
The Board of Trustees finds on the basis of an analysis of the size
of all land uses historically located in the Village that certain
uses typically require a size greater than others, that these uses
while greater in size are consistent with and respectful of the existing
character of the commercial area of the Village, and that these uses
provide services that are uniquely useful in supplying necessary goods
to the local community. Most evident of this limited list of uses
is a grocery store, a hardware store and a home furnishings store.
Other uses, for example, restaurants, real estate offices, clothing
stores, art galleries, bars and taverns, liquor stores, drugstores,
bookstores, variety stores, and the like, have been identified in
the same analysis as businesses that are successful using much less
required space, typically always less than 3,000 square feet. To the
extent any use greater than 3,000 square feet may risk impacts on
the community that may be addressed at the development stage of any
such use, the Board of Trustees hereby enacts these special standards
for grocery stores, hardware stores and home furnishings stores greater
than 3,000 square feet.
B.
Special exception approval may be granted by the Planning Board for
a grocery store, hardware store or home furnishings store in the VB
District or Office District, provided:
(1)
The site plan depicts compliance with the parking requirements
of this chapter.
(2)
The Planning Board shall determine that the proposed use(s)
will not have an undue adverse impact on the community. In making
such a determination, the applicant shall conduct or hire a consultant
to conduct a market and municipal impact study at the expense of the
applicant. The Planning Board shall be afforded the opportunity to
consider its own such study. Such study shall include, but shall not
be limited to, an analysis of the projected impact of the retail store(s)
on:
(a)
The existing local retail market, including market shares, if
applicable.
(b)
The supply and demand for local retail space.
(c)
Revenues retained within the local economy.
(d)
Effects on retail operations in the surrounding market area.
(e)
The Village's ability to implement its Comprehensive Plan consistent
with the proposed project.
(f)
Traffic study.
(g)
The anticipated impact of the proposed use on the historic character
of the VB and OD Districts.
(h)
A comparison of the proposed use with existing similar uses,
if any.
(i)
An analysis of products sold, i.e., the percentage of grocery
products in a grocery store or the percentage of hardware products
in a hardware store or the percentage of home furnishings in a home
furnishings store.
(3)
In no event shall any use be larger than 8,000 square feet.
(4)
For every 1,000 square feet or portion thereof greater than 3,000 square feet of additional building space, one second-floor apartment shall be provided. Any such apartment shall be reserved for a moderate-income family, as defined by the U.S. Department of Housing and Urban Development, and its occupancy shall be governed by the provisions of § 300-11.6B.
(5)
Where a site adjoins land zoned R-20, any special exception
approval shall be conditioned on transitional yards of not less than
40 feet.
[Amended 3-9-2021 by L.L.
No. 2-2021]
A.
Any outdoor dining shall be accessory to the principal use, which
shall be an indoor restaurant with indoor tables and seats or a retail
food store.
B.
The total number of seats, indoor and outdoor, shall not exceed the
approved maximum number of seats per the certificate of occupancy,
or where not specified, as determined by the Building Inspector. Any
application for outdoor dining for an indoor restaurant shall be accompanied
by a copy of the current certificate of occupancy indicating approved
maximum number of seats.
C.
For other retail food stores, the number of outdoor seats shall be
limited to a maximum of 10 seats.
D.
Any application hereunder shall be accompanied by a plan of the proposed
outdoor dining area illustrating the proposed number of seats and
the configuration and related improvements.
E.
Any outdoor dining shall not, where applicable, absent compliance
with the parking requirements of this chapter and compliance with
all requirements for sanitary waste disposal, serve to increase the
seating capacity of a restaurant, and any special exception use approval,
absent such compliance, shall require removal of indoor seats equal
in number to the outdoor seats.
F.
Any outdoor dining shall be situated underneath a roof covering,
of any kind, that is acceptable to and required by the Planning Board
or the Suffolk County Department of Health Services.
G.
Hours of operation of an outdoor dining area shall not be later than
12:00 midnight.
H.
No trash or refuse shall be stored or collected in the outdoor dining
area, and any such area shall be maintained free of litter.
I.
Any approval hereunder shall be preceded by inspection reports from
the Building Inspector and Fire Marshal finding the premises suitable
for such use, and any approval shall be conditioned on maintenance
of procedures that may be required to assure public safety.
J.
For any outdoor dining area proposed to be located on any public
property, including, by way of illustration but not limitation, a
sidewalk, the following shall also apply:
(1)
The outdoor dining shall be subject to prior issuance of a license
therefor by the Board of Trustees;
(2)
The outdoor dining shall be limited to an area within the width
of the building;
(3)
The outdoor dining shall not extend more than six feet into
any sidewalk;
(4)
The outdoor dining shall provide an unobstructed sidewalk width
of no less than 36 inches as measured between the outdoor seating
and the edge of sidewalk or any physical obstruction;
(5)
The outdoor dining area may be required by the Planning Board
to have nonpermanent barriers to delineate dining areas consisting
of planters, stanchions, or similar structures.
(6)
Unless otherwise approved by the Planning Board, all tables
and chairs used for outdoor dining shall be removed nightly on any
public property and seasonally when not in active and continuous use
on private property;
(7)
Any application hereunder shall be accompanied by a plan of
the proposed outdoor dining area illustrating the proposed number
of seats and the configuration and the width of the sidewalk available
for pedestrian passage, including minimum distance between the outdoor
dining area and any physical obstruction on the sidewalk or to the
edge of sidewalk; and
(8)
All outdoor dining areas on public property shall be used for
the service of food to seated patrons for the consumption of prepared
foods from retail food stores and restaurants by seated patrons. Service
of beverages shall be accessory to the service of food. Patrons shall
not be permitted to use outdoor dining areas for the consumption of
beverages only. Service of food or beverages on public property to
persons that are standing is prohibited.
A.
Public and/or private schools are a special exception use in the
R-20 and OD zoning districts.
B.
Any such use shall be subject to special exception approval of the
Planning Board.
C.
Any such approval shall be subject to the following standards:
(1)
Adequate on-site land area for picking up and dropping off of
students;
(2)
Adequate on-site recreational area;
(3)
Prohibition on boarding or residential use;
(4)
Compliance with requirements of Suffolk County Department of
Health Services and the schedule of off-street parking spaces under
this chapter;
(5)
Accreditation if required by the appropriate agencies of the
State of New York;
(6)
Absence of outdoor speakers and audio systems;
(7)
Use of exterior lighting designs least intrusive of neighboring
properties;
(8)
Maintenance of vegetated buffers in side and rear yards so as
to maintain privacy of adjacent uses; and
(9)
Compliance with all applicable general special exception standards.
Tables and chairs or counters and stools for on-premises consumption
as an accessory use to a retail food store, subject to the following
special standards:
A.
No such accessory use shall be allowed, excepting retail food stores lawfully existing in the VB Village Business and WF Waterfront Districts on the effective date of this amendment of Chapter 300 of the Village Code.
B.
The total number of chairs and/or stools shall not exceed six.
C.
Waitresses, sit-down food service, menus, chefs and similar features
of a restaurant are not permitted.
D.
Additional parking shall be supplied (unless the additional parking
spaces are already available on site) at the rate of one space per
three seats or stools, or part thereof, or a variance obtained for
said space(s).
E.
Any such special exception approval shall be conditioned upon the
further approval of the Board of Historic Preservation and Architectural
Review.
A.
General standards.
(1)
Any convenience store shall operate with limited hours that
shall not be greater than the operation of the filling station for
the sale of gasoline. In no event shall the convenience store operate
as a separate nonaccessory or independent use unrelated to the filling
station.
(2)
In no event shall a convenience store exceed 600 square feet
of gross floor area for the display of goods for retail sale.
(3)
In all events, a convenience store shall be a typical mini mart,
subordinate to the principal use as a filling station.
(4)
No convenience store shall be located within less than a fifty-foot
front yard setback and side yards of not less than 30 feet; no convenience
store shall exceed a height of 20 feet and one story and total lot
coverage for all structures at any such site inclusive of a filling
station, its accessory structures, the convenience store and any canopy
shall not exceed lot coverage of 8% or, if the site includes an automobile
repairs and service use in addition to the sale of gasoline and the
operation of a convenience store, then the total lot coverage shall
not exceed 15%.
(5)
The location of fuel tanks shall be approved by the Fire Marshal.
(6)
Any dumpster must be fully enclosed and its location approved
by the Planning Board. Outdoor storage of tires is prohibited.
B.
Landscaping.
(1)
At least 35% of any site at which a convenience store and filling
station is located shall be maintained with landscaping.
(2)
At least 10 feet along the front lot line shall be landscaped.
(3)
There shall be a planted buffer along the border with any parcel
zoned or employed for residential purposes. The planted buffer shall
be a minimum of 30 feet wide and shall contain evergreens which are
at least six feet in height when planted and set approximately six
feet apart. There shall also be a six-foot-high fence of type and
design as set by the Planning Board during site plan review. However,
if fencing is placed within 20 feet of any right-of-way, said fencing
shall be four feet in height and said evergreens planted and maintained
at four feet in height.
C.
Parking and access.
(1)
Any approval of a convenience store as a special exception use
still requires an affirmative finding by the Planning Board that the
addition of a convenience store at a filling station shall not result
in traffic congestion; that there shall be adequate area on the site,
separate from any area used by cars buying fuel, for the parking of
automobiles and the delivery of goods, in no event less than one space
per 100 square feet of the gross floor area of the convenience store;
and that the convenience store would not be an intensification of
any existing use of the premises as a filling station. For purposes
of this subsection, an impermissible intensification would be a convenience
store use which is not subordinate to the filling station use and/or
which exceeds 600 square feet of gross floor area and/or which is
not consistent in character with the filling station including the
typical, subordinate uses of a filling station.
(2)
Driveways shall be offset a minimum of 25 feet from grading
or point of intersection with any right-of-way and 25 feet from any
adjoining property at the curbline.
(3)
There shall be a minimum of one driveway per front yard and
a maximum of two driveways per front yard and no more than two driveways
per street frontage. Any one-way driveway shall be 14 feet in width.
D.
Lighting.
(1)
All lighting for the site must comply with §§ 300-9.9 and 300-14.4A(5).
(2)
All light fixtures shall be mounted at the lowest practical
height, taking into account the area to be illuminated and the relationship
between the mounting height and the number of fixtures required to
illuminate that area. Light fixtures shall not be mounted at a height
greater than 12 feet above natural grade unless a greater mounting
height is required by the nature of the use or the size of the structure.
(3)
All exterior lighting and illumination shall be extinguished
when the gasoline facilities are closed for operation.
E.
Signs.
(1)
The price/grade signs must at all times accurately reflect the
actual price of automotive fuel and kerosene being offered for sale.
Any sign is limited to the price of fuel, must be no larger than the
minimum required by county or state law, and in no event may be internally
illuminated.
(2)
Signs bearing the corporate insignia and/or brand name of the
gasoline sold and/or type of services available on site (i.e., full-service
and/or self-service) shall be the only signs permitted on the canopy.
(3)
Signs affixed to or incorporated into the canopy shall not face
residentially zoned or developed properties.
(4)
One additional sign, measuring no larger than 24 inches by 24
inches or four square feet, and having a depth of no more than one
inch, shall be allowed at each product dispenser, which identifies
said product dispenser and/or pump island as providing full service
and/or self-service.
F.
Outdoor display of goods of any kind at a convenience store is prohibited.
[Added 7-12-2011 by L.L. No. 7-2011]
A.
The
number of chickens or bantams shall not exceed one per 3,500 square
feet of lot area, and in no event more than 18 on any parcel.
[Amended 7-10-2012 by L.L. No. 7-2012]
B.
Commercial
sale of any chicken, bantam or poultry product is prohibited.
C.
Roosters
are prohibited.
D.
Any
coop structure, exclusive of an outdoor pen, shall not exceed 100
square feet or 10 feet in height, shall be located in a rear yard
only and shall maintain a setback to any side or rear yard line of
not less than 20 feet.
E.
Any
outdoor area used by chickens or bantams shall be fenced so as to
prohibit harm to the chickens or bantams and so as to limit the chickens
or bantams to within the fenced area.
G.
In
addition to any other public notification requirements, any application
under this section shall require the applicant to mail by certified
mail a notice of said application including a plot plan showing any
coop or other structure and fenced area to each bounding neighbor
at least 14 days prior to any hearing for said application.
H.
At
no time shall any premises permitted in this section be used in such
a manner as to cause injury, annoyance or disturbance to any of the
surrounding properties and to their owners or occupants.
I.
Notwithstanding
any provision of this chapter to the contrary, the application fee
for this special exception use shall be $50.
[Added 8-9-2011 by L.L. No. 8-2011]
A.
A restaurant established as an accessory use to a resort motel shall meet all the provisions of the definition of a restaurant pursuant to § 300-2.2 of this chapter, except as provided herein.
B.
The
restaurant use shall be located as an accessory use in one of the
principal buildings utilized for the resort motel use and shall not
occupy more than 20% of the gross floor area of the resort motel.
A free-standing accessory restaurant shall not be permitted.
C.
The
number of seats for the accessory restaurant shall not exceed one
seat per 300 square feet of gross residential floor area devoted to
the resort motel use. The term "gross residential floor area" shall
be as determined by the New York State Uniform Fire Prevention and
Building Code.
D.
The
accessory restaurant use may be operated only if the principal resort
motel use is active and in use.
E.
Said accessory use shall not be construed to include any form of tavern, bar, nightclub, discotheque, or other form of entertainment establishment; provided, however, that music and entertainment may be permitted only pursuant to a permit issued as provided by Chapter 122 of this Code.
F.
Outdoor dining may only be permitted pursuant to a permit issued pursuant to § 300-11.17 of this chapter.
G.
The parking requirements for a resort motel and restaurant shall not be cumulative. The more restrictive parking requirement shall apply. Nothing herein shall be deemed to supersede any exemption from parking requirements vested in a preexisting resort motel use pursuant to § 300-9.6I of this chapter.
H.
There
shall be no off-site or take-out dining for nonhotel guests.
I.
In
order to establish a restaurant as an accessory use to a resort motel,
said motel shall have a minimum of 25 guest rooms.
J.
All
permitted accessory uses for a resort motel shall not exceed 25% of
the gross floor area.
[Added 1-11-2022 by L.L. No. 1-2022]
A.
The Planning Board is hereby authorized to review special exception use permit applications submitted pursuant to this section as set forth herein. Single family residential dwellings, accessory structures and uses located in the R-20 Zoning District are exempt from special exception permit review in Village Code § 300-11.23.
[Amended 9-12-2023 by L.L. No. 7-2023]
B.
This section shall also apply to a group of buildings or structures
on one or more contiguous lots under common ownership or control with
a gross floor area greater than 3,500 square feet in the aggregate.
C.
The application shall comply with the standards outlined in § 300-11.3, General standards, in addition to all of the applicable requirements of this chapter. When required, the application shall also comply with Village Code Chapter 285, Wetlands; Chapter 275, Waterfront Consistency Review; and Chapter 300, Zoning.
D.
The Planning Board shall determine whether the proposed use is consistent
with the Village Comprehensive Plan, WFOD standards and whether it
will have an undue adverse impact on other properties or current uses
within the WFOD and community. In making such a determination, the
Planning Board shall consider and apply the following standards:
[Amended 4-11-2023 by L.L. No. 3-2023; 9-12-2023 by L.L. No. 7-2023]
(1)
Whether the proposed use and design is consistent with the goals, spirit and intent of § 300-15.1 of the Village Code (WFOD).
(2)
Whether the design, scale and appearance of the buildings on-site
are compatible with each other and with the neighborhood, adjacent
properties, and the WFOD, including a consideration of the materials
used, roof pitch, variation in rooflines, facade, arrangement of windows
and doors, and architectural style and details.
(3)
The applicant demonstrates a need for a building or building
complex larger than 3,500 square feet; and
(4)
The size of the subject property can accommodate the proposed
building and use.
(5)
Traffic:
(a)
Submission of a traffic impact analysis which determines that
the existing roadway network in the area of the proposed development
will be able to handle the existing through traffic, plus the additional
traffic that the development will generate; and
(b)
The project design must addresses the anticipated traffic generated
by the proposed use and ensures adequate traffic circulation, access
to the property, public safety, and motorist and pedestrian convenience.
(6)
Whether adequate parking is provided on-site and screened from
adjacent residential properties by incorporating shade trees and landscape
features into the design. A parking plan shall be provided and such
plan shall be made as unobtrusive as possible by incorporating shade
trees and landscape features in the design, while respecting transition
yard and buffer requirements.
(7)
Whether buildings, site designs, and on-site activities are consistent with Chapter 167, Noise, of the Village Code and incorporate appropriate measures to ensure that site activities and operations do not generate noise that adversely affects adjacent residential uses and districts.
(8)
Whether the design includes transitional side and rear buffers
to be installed and maintained by the nonresidential property owner
along the property lines, including landscape plantings and a fence
or berm.
(9)
Principal structures shall be set back 25 feet from any rear
property line or a minimum of five feet from the required transition
yards or buffers, whichever is greater. The Board of Trustees may
but shall not be required to allow lesser setbacks when preexisting,
nonconforming buildings are incorporated into the proposed special
exception use, and the Board finds that the use of such building setbacks
shall not cause adverse impacts due to the proposed special exception
use.
(11)
Whenever practical, the primary structure on the lot shall have
its main entrance facing the principal street on which it is located.
(13)
A waste management plan shall be required to ensure that the
site is kept clean and free from litter, vermin and odors. The details
of such plan shall be presented to and approved by the Planning Board
during site plan review but must include, at a minimum, details regarding
dumpster location, method and design of screening, and days and times
of garbage pickup. Waste receptacles shall be designed to be sensitive
to adjacent residential properties and waste receptacles recessed
within principal buildings are encouraged.
(14)
Submission of a drainage plan and stormwater pollution plan, prepared by a New York State licensed engineer shall be submitted to determine whether the proposed development of the property will result in a negative impact to the waterfront, groundwater, or surface waters. Proposed plans shall comply with Chapter 232, Stormwater Management.
[Added 10-12-2021 by L.L. No. 4-2022]
A.
Notwithstanding
any provision of the Village Code of the Village of Sag Harbor to
the contrary, the Village Board of Trustees shall be authorized to
grant a seasonal special permit for the establishment of a passenger-only
ferry use on Long Wharf within the Parks and Conservation (PC) Zoning
District. Such permit shall be seasonal and valid only between May
1 and October 31 . No vested rights for the continuation of such use
shall accrue by virtue of the issuance of such seasonal, special permit.
B.
C.
The
Village Board of Trustees may impose such reasonable conditions as
it shall deem necessary to protect the public health, safety and general
welfare of the Village.
D.
No
additional approvals shall be required from the Village of Sag Harbor
for the establishment of this use pursuant to a special permit.
E.
In
considering an application for the seasonal special use permit, the
Village Board of Trustees shall utilize the procedure.