[Added 6-10-1985 by L.L. No. 4-1985]
The Planning Board shall have original jurisdiction
and power to grant a permit for a special exception use on a particular
site wherever it is expressly provided in the Maybrook Village Code
that the special exception may be granted upon application to the
Planning Board without a finding of practical difficulties or unnecessary
hardship but subject to the general provisions of this chapter and
more specifically to the guiding principles, general standards and
the special conditions and safeguards contained in this article.
A.
An application shall be submitted in the form required
by the Board and filed in the municipal office.
B.
Any special exception use application which requires a site plan approval shall comply with the preliminary review procedure in § 210-62E(2) prior to the Planning Board scheduling a public hearing.
[Amended 10-8-1993 by L.L. No. 4-1993]
C.
The Board shall fix a time and place for a public
hearing thereon and shall provide for the giving of notice at least
10 days prior to the date thereof, as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to give notice of the substance
of every application for a special use permit together with notice
of the hearing thereof by causing notices to be mailed at least 10
days before the date of said hearing to the owners of all property
abutting that held by the applicant in the immediate area (whether
or not involved in such appeal or application) and all other owners
within 300 feet and within the Village limits, or such additional
distance or such additional owners outside the Village as the Planning
Board may deem advisable, from the exterior boundaries of the land
involved in such appeal or application, as the names of said owners
appear on the last completed assessment roll. Such notice shall be
by certified mail, return receipt requested, and the applicant shall
furnish proof of compliance with notification procedure; provided,
however, that the Board may accept substantial compliance with these
provisions in cases of difficulty in serving such owners.
D.
If the land involved in an application for a special
exception use permit is within 500 feet of the boundary of any other
municipality, notice of the public hearing shall also be mailed to
the Municipal Clerk of such other municipality.
[Amended 10-8-1993 by L.L. No. 4-1993]
E.
If the land involved in an application for a special
use permit is within 500 feet of the boundary of any other municipality;
of the boundary of any county or state park or other recreation area;
from the right-of-way of any county or state parkway, thruway, expressway
or other controlled access highway; from the right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines; or from the boundary of any county- or
state-owned land on which a public building or institution is situated,
then notice of the public hearing and a description of the applicant's
proposal shall be mailed to the Orange County Planning Department.
[Amended 10-8-1993 by L.L. No. 4-1993]
No action shall be taken on applications referred
to the Orange County Planning Department until the Department's recommendation
has been received or 30 days have elapsed after the Department received
the full statement on the applicant's proposal.
A record shall be established of all special
exception uses, subdivision and site plans approved pursuant to action
of the Planning Board under this chapter. Each case shall be identified
by a sequential numbering system, alphabetically by applicant's name
and by Tax Map number. Said file shall be available for public inspection.
The Board shall keep minutes of its proceedings
showing the vote of each member upon every question, or if absent
or failing to vote, indicating such fact. The Board shall keep records
of its examinations and official actions, all of which shall be filed
in the Clerk's office and shall be a public record.
Building permits authorized by Planning Board
actions on special exception cases shall be obtained within 90 days
and shall automatically expire if construction under the permit is
not started within 90 days of issuance and completed within one year.
Extensions of these periods may be granted by the Planning Board where
good cause is shown.
The fees for applications to the Planning Board
shall be established from time to time by resolution of the Board
of Trustees.
A.
Such use shall be one which is specifically authorized
as a special exception use in the district within which the subject
site is located.
B.
Every decision by the Planning Board granting a permit for a special exception use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter, punishable under the provisions of Article XI.
C.
A special exception use, for which a permit is granted
by the Board pursuant to the provisions of this article, shall be
construed to be a conforming use.
For every such special exception use, the Planning
Board shall determine the following:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 210-1.
B.
The plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and expansion
thereof.
C.
The proposed use will not prevent the orderly and
reasonable use of adjacent properties in adjacent use districts.
D.
The site is particularly suitable for the location
of such use in the community.
E.
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.
The proposed use, particularly in the case of nonnuisance
industry, does conform with the chapter definition of the special
exception use, where such a definition exists, or with the generally
accepted definition of such use, where it does not exist in the chapter.
G.
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.
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article V, 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 conductive to safe operation.
I.
Adequate buffer yards and screening are provided where
necessary to protect adjacent properties and land uses.
J.
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
character.
[Amended 2-10-1986 by L.L. No. 3-1986; 1-11-1988 by L.L. No. 2-1988; 4-25-1988 by L.L. No.
4-1988; 3-22-1993 by L.L. No. 1-1993; 10-8-1993 by L.L. No.
4-1993; 1-24-1994 by L.L. No. 1-1994; 6-12-2000 by L.L. No.
2-2000; 8-8-2011 by L.L. No. 2-2011; 2-26-2018 by L.L. No. 1-2018; 10-15-2019 by L.L. No. 3-2019; 3-28-2022 by L.L. No. 2-2022]
It is the policy of the Village of Maybrook to allow a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment, or the character of the Village. Many uses are therefore permitted only upon the issuance of a special exception use permit by the Planning Board, in order to ensure that these uses are appropriate to their surroundings and consistent with the purposes of this chapter. Structures and land shall be used only as provided in the Tables of Use Regulations. No approval shall be granted by the Planning Board for a special exception use permit, unless it specifically finds that, in addition to meeting all the general standards set forth in § 210-56, the proposed special exception use also meets the special conditions and safeguards required in this section. No special exception use permit shall be granted by the Planning Board except as provided in the Tables of Use Regulations.[1]
|
ABATTOIR: All activities related to the abattoir,
including the detention pens, shall be conducted within a building.
| |||
|
ACCESSORY APARTMENT:
| |||
|
A.
|
Intent and purpose. It is the intent and purpose
of allowing accessory apartments on parcels of a minimum size of 5,000
square feet to provide the opportunity for the development of small
housing units to meet the special housing needs of the elderly and
the young, and the relatives of the owners of the principal residence.
| ||
|
B.
|
Occupancy.
| ||
|
(1)
|
The owner(s) of the one-family lot upon which
the accessory apartment is to be located shall occupy and maintain
as his legal full-time residence at least one of the dwelling units
on the lot.
| ||
|
(2)
|
The maximum occupancy of the accessory apartment
is three persons.
| ||
|
C.
|
Location and number of units.
| ||
|
(1)
|
An accessory apartment may be located in the
principal dwelling building, provided that such principal building
either has a certificate of occupancy or qualifies for a certificate
of occupancy.
| ||
|
(2)
|
An accessory apartment may be alternatively
located in an accessory building such as a barn or garage, provided
that such accessory building either has a certificate of occupancy
or qualifies for a certificate of occupancy, and provided that the
lot area is at least 5,000 square feet in size and contains no less
than 50 feet lot width measured at the front lot line.
| ||
|
(3)
|
There shall be no more than one accessory apartment
permitted per one family building lot. An accessory apartment is not
permitted on any lot where two dwelling units already exist, regardless
of whether one is a prior nonconforming dwelling unit or not.
| ||
|
D.
|
Size.
| ||
|
(1)
|
The minimum floor area for an accessory apartment
located within a principal dwelling building shall be 300 square feet,
but in no case shall it exceed 25% of the total floor area of the
dwelling building in which it is located.
| ||
|
(2)
|
For accessory apartments located in existing
accessory buildings, the minimum floor area shall be 300 square feet.
In addition, the Zoning Board of Appeals may permit an increase in
the footprint of the accessory building of up to the lesser of 50%
of the footprint of the accessory building or 600 square feet.
| ||
|
(3)
|
Each accessory apartment shall be limited to
a maximum of one bedroom.
| ||
|
E.
|
Other requirements.
| ||
|
(1)
|
Exterior appearance. If an accessory apartment
is located in the principal dwelling building, there will be only
one front or principal entry to the building so that the appearance
of the building will remain as a one-family residence.
| ||
|
F.
|
Permit conditions.
| ||
|
(1)
|
An accessory apartment use permit shall be issued
by the Planning Board.
| ||
|
(2)
|
Inspections. Inspections for compliance as required
by the Building Inspector will be made and a certificate of occupancy
must be secured prior to the use of the accessory apartment. Periodic
inspections may be made by the Building Inspector to verify compliance
with the permit condition during the term of the permit. Refusal by
the property owner or the tenant of an inspection of the premises
by the Building Inspector may be grounds for revocation of the special
permit.
| ||
|
G.
|
Fees. An application fee shall be paid in an
amount set forth in a fee schedule established by resolution of the
Board of Trustees.
| ||
|
AIRPORT:
| |||
|
A.
|
The proposed airport shall meet Federal Aviation
Agency standards.
| ||
|
B.
|
The proposed runways and resultant airport hazard
zones shall not create unreasonable hazards or nuisances to existing
or potential land uses on the ground.
| ||
|
ANIMAL HOSPITAL:
| |||
|
A.
|
Adjacent properties shall be adequately protected
from noise, odors and unsightly appearance.
| ||
|
B.
|
All buildings, structures or other accessory
use areas, except off-street parking, shall be at least 50 feet from
any property line.
| ||
|
ARENA, ASSEMBLY HALL:
| |||
|
A.
|
No building or structure shall be built within
500 feet of any property line.
| ||
|
B.
|
The site boundaries shall be at least 200 feet
distant along any bounding street from any Residence District boundary
line.
| ||
|
C.
|
In the B-4 District, the site shall have a minimum
area of five acres and a minimum frontage of 400 feet along the principal
bounding road.
| ||
|
AUTOMOBILE LAUNDRY: See "filling station."
| |||
|
BUILDING CONTRACTOR STORAGE AND/OR EQUIPMENT
YARD:
| |||
|
A.
|
The entire activity shall be contained within
a six-foot fence.
| ||
|
B.
|
There shall be no outdoor storage of waste materials
or other debris resulting from construction projects or from servicing
of equipment.
| ||
|
C.
|
The site shall be kept in such a condition as
not to attract or harbor pests, rodents or other vermin.
| ||
|
BUS PASSENGER SHELTER:
| |||
|
A.
|
Shelters shall be so located that there is ample
room to permit the bus to leave the traveled roadway conveniently
for picking up or discharging passengers.
| ||
|
B.
|
The only advertising display on such structure
shall be one plaque not to exceed two square feet in area.
| ||
|
CHURCH OR SIMILAR PLACE OF WORSHIP, PARISH HOUSE,
SEMINARY, CONVENT: All buildings and structures shall be at least
50 feet from any property line.
| |||
|
COMMERCIAL PUBLIC RECREATION USES (INDOOR AND
OUTDOOR):
| |||
|
A.
|
Three or more video arcade or coin-operated
amusements.
| ||
|
(1)
|
The site must be located in a commercial or
industrial zoning district.
| ||
|
(2)
|
The number of machines may not be increased
absent an amendment to the special exception use (SEU) permit.
| ||
|
B.
|
Recreation uses not otherwise expressly listed
as permitted.
| ||
|
(1)
|
Such uses shall not include any use listed as a prohibited use in § 210-8.
| ||
|
(2)
|
The lot shall have an area of five acres or
more and a minimum frontage of 400 feet along the principal bounding
roadway.
| ||
|
(3)
|
All buildings or structures shall be at least
50 feet from any property line.
| ||
|
(4)
|
Lot coverage shall not exceed 20%.
| ||
|
(5)
|
Outdoor public address systems shall be prohibited.
| ||
|
C.
|
Within the TDD District, commercial public recreation uses shall
be considered permitted uses, not subject to the criteria listed in
Subsections A and B, so long as the entirety of the use is conducted
indoors.
| ||
|
DAY CAMP:
| |||
|
A.
|
The lot shall have an area of five acres or
more.
| ||
|
B.
|
There shall be no more than one camper for every
2,000 square feet of site area.
| ||
|
C.
|
All buildings, structures and areas of organized
activity such as baseball diamonds, basketball courts, riding areas,
swimming pools, etc., shall be at least 100 feet from any property
line.
| ||
|
D.
|
Off-street parking areas shall be at least 50
feet from any property line.
| ||
|
E.
|
Only one permanent family dwelling unit shall
be located on the premises, and said dwelling unit shall comply with
the provisions of this chapter for the district in which the lot is
located.
| ||
|
F.
|
Outdoor floodlighting or public address systems
shall be prohibited.
| ||
|
G.
|
Only one sign, not larger than 12 square feet
in area, shall be permitted.
| ||
|
H.
|
Landscaping and fencing shall be provided as
required by the Board of Appeals.
| ||
|
EATING ESTABLISHMENT, DRIVE-IN, OPEN-FRONT OR
CURB SERVICE:
| |||
|
A.
|
Vehicular entrances and exits shall be controlled
by curbing.
| ||
|
B.
|
There shall be adequate off-street parking and
loading space to serve the proposed use.
| ||
|
C.
|
There shall be adequate provision for disposal
of trash and refuse left on the premises.
| ||
|
D.
|
There shall be either a suitable fence or landscape
planting screen along side and rear lot lines.
| ||
|
E.
|
Within the TDD District, a drive-in eating establishment shall
be prohibited.
| ||
|
FILLING STATION:
| |||
|
A.
|
The lot area shall be not less than 20,000 square
feet and have a minimum frontage along the principal roadway of at
least 150 feet.
| ||
|
B.
|
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
| ||
|
C.
|
All pumps, lubricating and other devices shall
be located at least 25 feet from any building structure or street
line.
| ||
|
D.
|
Entrance or exit driveways shall be located
at least five feet from any side or rear property lines. Such driveways
shall be so laid out as to avoid the necessity of any vehicle backing
across any right-of-way.[2]
| ||
|
E.
|
Outdoor storage and display of accessories or
portable signs and outdoor repair work shall be prohibited at all
times. Premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
| ||
|
F.
|
A canopy may be constructed over that portion
of the lot which contains the filling station pumps. The roof of such
canopy may encroach into a required yard area.
| ||
|
FUEL STORAGE (in the B-4 and I-1 Districts only):
| |||
|
A.
|
Fuel storage tanks shall be set back from all
lot lines at least 75 feet.
| ||
|
B.
|
Fuel storage facilities shall be so screened
that adjacent properties shall be adequately protected from noise,
odors and unsightly appearance.
| ||
|
C.
|
The site shall provide adequate off-street parking
for all employees and loading spaces for all trucks which may be involved
with the facility.
| ||
|
D.
|
The height of fuel storage tank may be increased
to 50 feet above the average ground elevation at its base where it
is determined that the terrain between the tank and the lot line is
more than 15 feet above the average ground elevation at the tank's
base for at least three-fourths ( 3/4) of the tank's surroundings.
| ||
|
E.
|
All fuel storage areas and facilities shall
comply at all times with all regulatory requirements of the New York
State Department of Environmental Conservation.
| ||
|
GOLF COURSE, COUNTRY CLUB ON SITE OF NOT LESS
THAN FIFTY ACRES: See "commercial public recreation uses," etc., for
additional conditions.
| |||
|
HEALTH CLUB OR FITNESS FACILITY:
| |||
|
A.
|
Intent and purpose. It is the intent and purpose
of this legislation to permit health clubs and fitness facilities
in the R-4 Zone subject to appropriate safeguards to locate such facilities
near residential neighborhoods.
| ||
|
B.
|
Size. Minimum lot size in a residential zone:
30,000 square feet.
| ||
|
C.
|
Buffer. Buildings to be used as a health club
or fitness facility shall be no less than 75 feet from the property
line of any residence.
| ||
|
D.
|
Screening. The applicant for the special exception
permit shall be required to install a permanent visual screen of the
parking areas of the proposed health club or fitness facility and
adjacent residential structures. Issuance of a special exception permit
for a health club or fitness facility shall impose on the owner/tenant
the permanent obligation to maintain such screening in good repair
and to replace screening materials when such materials are damaged
or destroyed.
| ||
|
E.
|
Hours of operation. A health club or fitness
facility shall not operate before 8:00 a.m. or after 10:00 p.m.
| ||
|
F.
|
Noise. Noise occurring inside a health club
or fitness facility, originating from any source whatsoever, shall
not be audible at any adjoining residential property.
| ||
|
G.
|
Exterior lighting. All exterior lighting fixtures
shall be shielded from adjoining structures.
| ||
|
H.
|
Parking. There shall be one space for 200 square
feet.
| ||
|
HOSPITAL, SANITARIUM, NURSING HOME, REST HOME:
| |||
|
A.
|
The lot area shall be not less than five acres
and have a minimum frontage of 400 feet along the principal bounding
roadway.
| ||
|
B.
|
All buildings and structures shall be at least
50 feet from any property line.
| ||
|
C.
|
Lot coverage shall not exceed 20%.
| ||
|
HOTEL: There shall be at least 1,000 square
feet of lot area for each guest room.
| |||
|
MEMBERSHIP CLUB, NONPROFIT: See "church," etc.
| |||
|
MOTEL: There shall be at least 2,500 square
feet of lot area for each guest room.
| |||
|
MULTIPLE DWELLING IN THE B-2 ZONE:
| |||
|
A.
|
The following minimum dimensional regulations shall apply:
| ||
|
Regulation
|
Minimum
(square feet)
| ||
|
Lot area
|
10,000
| ||
|
Apartment size
|
650
| ||
|
B.
|
With the exception of Subsection A, all standards applicable
to two-family dwellings in the B-2 Zone shall apply to a multiple
dwelling in the B-2 Zone.
| ||
|
NURSERY SCHOOL: See "day camp."
| |||
|
OFFICE: Within the TDD District, office uses shall be prohibited
on the ground floor of a building with frontage along New York State
Route 208.
| |||
|
PARKING, OFF-STREET ACCESSORY: Off-street accessory
parking for I-3 Districts shall be specially permitted in the B-4
Districts upon approval of a site plan subject to the following conditions:
| |||
|
A.
|
No parking in required setbacks from state routes
or neighboring premises.
| ||
|
B.
|
Fifteen-foot green area along state routes (six-foot
minimum height evergreens), and green area on neighboring lot lines
where required by Planning Board.
| ||
|
C.
|
Suitable privacy fencing behind green areas
along state routes and where required by Planning Board. No barbwire
to protrude near public walkways.
| ||
|
D.
|
No tractor or trailer parking within 115 feet
of state routes or within 50 feet of neighboring side lot lines where
determined to be appropriate to protect the neighboring uses.
| ||
|
PHILANTHROPIC, FRATERNAL, SOCIAL OR EDUCATIONAL
INSTITUTION, OFFICE OR MEETING ROOM, NONPROFIT: See "church," etc.[3]
| |||
|
PRIVATE SWIMMING POOL IN REQUIRED SIDE YARD:
Such a pool shall be compatible with the development, existing or
potential, of the adjacent property, but in no case shall it be less
than 10 feet from the side lot line.
| |||
|
PUBLIC LIBRARY, MUSEUM, COMMUNITY CENTER; FIRE
STATION, MUNICIPAL OFFICE OR OTHER GOVERNMENTAL BUILDING OF SIMILAR
CHARACTER: See "church," etc.
| |||
|
PUBLIC PASSENGER TRANSPORTATION STATION OR TERMINAL:
All loading or unloading locations for public transportation vehicles
shall be off street.
| |||
|
PUBLIC UTILITY BUILDING, PLANT, STRUCTURE OR
STORAGE YARD:
| |||
|
A.
|
All buildings, structures or equipment installations,
exclusive of transmission lines, shall be at least 50 feet from any
property line.
| ||
|
B.
|
All open storage and equipment areas shall be
adequately fenced and screened.
| ||
|
PUBLIC UTILITY STRUCTURE OR RIGHT-OF-WAY NECESSARY
TO SERVE AREAS WITHIN THE VILLAGE OF MAYBROOK, EXCLUDING BUSINESS
OFFICE, REPAIR OR STORAGE OF EQUIPMENT:
| |||
|
A.
|
All buildings, structures or equipment installations,
exclusive of transmission lines, shall be at least 50 feet from any
property line.
| ||
|
B.
|
Outdoor installations shall be adequately fenced
and screened.
| ||
|
QUARRY, MINING, LOADING, HAULING AND/OR PROCESSING
OF SAND, GRAVEL, SHALE OR TOPSOIL:
| |||
|
A.
|
The proposal shall have a particular time limit
for completion of either the entire operation or of each stage of
the entire operation.
| ||
|
B.
|
The proposal shall include a specific method
for rehabilitating the site or portions of the site related to each
stage of the operation.
| ||
|
C.
|
The proposal shall indicate how adjacent properties
and the public will be protected from the hazards of the operation,
both in terms of on-site activity and off-street traffic generated
by that activity.
| ||
|
REPAIR GARAGE:
| |||
|
A.
|
No repair work or servicing of vehicles shall
be performed out of doors without approval of the Planning Board.
| ||
|
B.
|
The area devoted to the outdoor storage of motor
vehicles or parts thereof will be screened from view of persons on
adjacent streets by enclosing such areas with an opaque fence eight
feet high and situated at least 50 feet back from the front lot line
or locating them inside a building.
| ||
|
C.
|
All waste material shall be stored within a
structure or enclosed within a fenced area and shall not be visible
at any property line of the establishment.
| ||
|
D.
|
Not more than five motor vehicles, presently
incapable of being legally driven on the highways, shall be stored
outdoors overnight.[4]
| ||
|
SCHOOL, ELEMENTARY OR HIGH, PUBLIC, DENOMINATIONAL
OR PRIVATE, HAVING A CURRICULUM THE SAME AS ORDINARILY GIVEN IN PUBLIC
SCHOOLS: See "church," etc.
| |||
|
SHOPPING CENTERS:
| |||
|
A.
|
The lot shall have an area of five acres or
more and a minimum frontage of 400 feet along the principal bounding
roadway.
| ||
|
B.
|
All buildings or structures shall be at least
50 feet from any property line.
| ||
|
C.
|
Lot coverage shall not exceed 25%.
| ||
|
D.
|
No building shall be greater than 35 feet in
height.
| ||
|
E.
|
There shall be at least one parking space for
every 100 square feet of gross floor area.
| ||
|
TEMPORARY CONSTRUCTION AND SALES OFFICE:
| |||
|
A.
|
No special exception use permit shall be granted
for a period of more than one year, but the same may be renewed without
a public hearing, provided that any additional units remain to be
constructed and/or two or more units other than the construction and
sales office itself remain to be sold, and further provided that reasonable
progress has been made toward completion of construction of the subdivision
or development.
| ||
|
B.
|
The temporary construction and sales office
shall be constructed so as to be suitable for a single-family dwelling
unit and shall be sold or conveyed as such upon the expiration of
the permit. The office shall be maintained in such a manner as to
give the outward appearance of a residence, other than for permitted
signs and parking.
| ||
|
C.
|
The Planning Board shall be empowered to make
such requirements as conditions of the authorization as reasonable
to protect the essential residential character of the "neighborhood."
| ||
|
THEATER OR MOTION-PICTURE THEATER, OTHER THAN
AN OUTDOOR DRIVE-IN THEATER: See "arena, assembly hall."
| |||
|
TWO-FAMILY DWELLING IN B-2 ZONE:
| |||
|
A.
|
The following minimum dimensional regulations
shall apply:
| ||
|
Regulation
|
Minimum
(square feet)
| ||
|---|---|---|---|
|
Lot area
|
5,000
| ||
|
Livable floor area per dwelling unit
|
500
| ||
|
Required yards
|
None
| ||
|
B.
|
Each building shall have at least two off-street
parking spaces per dwelling unit.
| ||
|
C.
|
Buildings shall be architecturally compatible
with other uses in the neighborhood.
| ||
|
D.
|
Storefront windows shall be removed and replaced
with windows suitable for a residence.
| ||
|
E.
|
Stairways leading to an upper floor of the building
shall be located inside the building whenever possible.
| ||
|
F.
|
There shall be no stairwells or fire escapes
on the wall fronting the street.
| ||
|
TWO-FAMILY DWELLING IN TDD DISTRICT:
| |||
|
A.
|
The following minimum dimensional regulations shall apply:
| ||
|
Regulation
|
Minimum
(square feet)
|
|---|---|
|
Lot area
|
5,000
|
|
Livable floor area per dwelling unit
|
500
|
|
Required yards
|
None
|
|
B.
|
Each building shall have at least two off-street parking spaces
per dwelling unit.
| ||
|
C.
|
Buildings shall be architecturally compatible with other uses
in the neighborhood.
| ||
|
D.
|
Storefront windows shall be removed and replaced with windows
suitable for a residence.
| ||
|
E.
|
Stairways leading to an upper floor of the building shall be
located inside the building whenever possible.
| ||
|
F.
|
There shall be no stairwells or fire escapes on the wall fronting
the street.
| ||
|
G.
|
Within the TDD District, two-family dwellings shall not be permitted
on lots having frontage along New York State Route 208.
| ||
|
H.
|
Within the TDD District, two-family dwellings shall not be permitted
on any lot that is located between two lots each containing any legally
existing nonresidential use.
| ||
|
VETERINARIAN: See "animal hospital."
| |||
[1]
Editor's Note: The Tables of Use Regulations are included
at the end of this chapter.
[2]
Editor's Note: Original Section 135-40-13(e),
regarding screening of outdoor storage areas, which immediately followed
this subsection, was repealed 10-8-1993 by L.L. No. 4-1993.
[3]
Editor's Note: Original Section 135-40-27,
Planned Residential Development, which immediately followed this section,
was repealed 9-22-1986 by L.L. No. 7-1986.
[4]
Editor's Note: Original Section 135-40-35,
Roadside markets for the sale of farm products produced on the premises,
which immediately followed this section, was repealed 10-8-1993 by
L.L. No. 4-1993.
[Added 11-23-1998 by L.L. No. 4-1998]
A.
Legislative purposes:
(1)
To establish clear standards for the siting
of wireless communications facilities, buildings and structures, equipment,
communications towers, antenna towers and monopoles.
(2)
To promote the health, safety and general welfare
of the residents of Maybrook through the establishment of minimum
standards to reduce the adverse visual effects of communications facilities,
including but not limited to transmission towers and antennas, through
the use of advanced technology, careful design, siting, screening
and buffering.
(3)
To protect residential areas and land uses and
property values from potential adverse impacts of towers and antennas.
(4)
To encourage the location of communications
facilities and communications towers in areas suitably screened, buffered
and adequately separated from residential uses.
(5)
To minimize the total number of communications
facilities and communications towers throughout the community.
(6)
To encourage the joint use of new and existing
communications tower sites as a primary option rather than construction
of additional single-use communications towers, while recognizing
that collocation on higher towers is not always preferable to two
less visible, less obtrusive shorter towers, thereby maximizing the
use of existing communications towers or alternative antenna host
sites, while not unreasonably limiting competition among communications
providers or unreasonably limiting reception of receive-only antennas.
(7)
To require users of communications towers and
antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is shown to be minimal.
(8)
To require users of communications towers and
antennas to configure them in a way that minimizes adverse visual,
aesthetic and community character intrusion impacts caused by the
installation and view of communications towers and antennas, through
careful design, siting, landscape screening and buffering, sufficient
setbacks to reduce visual impacts to adjacent properties and innovative
camouflaging techniques such as alternative tower structures, thereby
protecting the physical appearance of the community and preserving
its scenic and natural beauty.
(9)
To avoid potential damage to adjacent properties
from communications towers through careful engineering and appropriate
siting of communications towers.
(10)
To enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently by facilitating the siting of personal wireless communications
facilities.
B.
ADEQUATE COVERAGE
ANTENNA
ALTERNATIVE TOWER STRUCTURE
COLLOCATION
WIRELESS COMMUNICATIONS SERVICES
WIRELESS COMMUNICATIONS FACILITY
MINOR WIRELESS COMMUNICATIONS FACILITY
MAJOR WIRELESS COMMUNICATIONS FACILITY
WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Coverage is considered to be adequate within the service
area of the Village of Maybrook if the minimum standards set forth
by the Federal Communications Commission (FCC) to permit the applicant
to operate a personal wireless communications services within the
area are met.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
Water towers, man-made trees, clock towers, steeples, light
poles and similar alternative designs, including structures that camouflage
or conceal the presence of antennas or towers.
The siting and/or mounting of multiple communications facilities
used by the same provider, or by two or more competing providers,
on the same property and/or antenna support structure or communications
tower.
The provision of personal wireless communications services,
including but not limited to those more commonly referred to as cellular
telephone service, which services are regulated by the Federal Communications
Commission in accordance with the Communications Act of 1934, as amended
by the Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7)
(C), or as hereafter amended.
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. Section 332 (c) (7) (C), or as hereafter amended,
to transmit and/or receive frequencies, including but not limited
to antennas, monopoles, equipment, appurtenances and structures.
Any wireless communications facility situated on or in an
existing building or other structure where such equipment consists
of a combination of antennas or other receiving device necessary in
number to facilitate the provision of wireless communications services
from such location, provided that such minor installation is comprised
of antennas or transmitting or receiving devices which are no more
than six feet in height, including supports, and which are mounted
on supports affixed to an existing structure; and operates with all
significant equipment accessory thereto (other than the antennas and
transmitting or receiving devices, supports and connecting cables),
installed in interior space appurtenant to such existing structure.
Any wireless communications facility that is not a minor
wireless communications facility. A major wireless communications
facility includes all related and appurtenant buildings, structures
and equipment, including a communications tower.
Any freestanding structure, including a lattice structure
or framework and freestanding self-supported vertical pole (commonly
known as a monopole), on which any equipment is located in connection
with the provision of wireless communications services.
C.
Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations. An application for approval of a wireless communications facility proposed to be located in a residential zoning district shall constitute a Type I action, except where the facility is permitted as a special exception use as provided in subsection E(1)(a) and (b).
D.
Restrictions on use.
(1)
No wireless communications facility, except
one approved by all authorities having jurisdiction prior to the effective
date of this section, shall be used, located, constructed or maintained
on any lot, structure or land area unless in conformity with this
section. No wireless communications facility may hereafter be erected,
moved, reconstructed, changed or altered unless in conformity with
this section. No existing structure shall be modified to serve as
a wireless communications facility unless in conformity with these
regulations.
(a)
All wireless communications facilities shall
at all times be in conformance with the rules and regulations of any
governmental entity having jurisdiction over such communications facilities
and uses, antennas and/or supporting structures and towers, including,
without limitation, the FCC and Federal Aviation Administration (FAA).
(b)
A wireless communications facility shall be
operated and maintained by an FCC licensee only.
(c)
The applicant of a wireless communications facility
shall show that the facility is necessary to provide adequate coverage
to an area of the Village which at that time is proven to have inadequate
coverage and shall show that any proposed communications tower or
antenna is the minimum height and aesthetic intrusion necessary to
provide adequate coverage. The applicant seeking to locate a wireless
communications facility in the Village shall demonstrate the need
for a new or additional antenna or tower.
(d)
If a wireless communications facility is proposed
for placement on a lot that is within or abuts a residential zoning
district, the applicant shall prove that adequate coverage cannot
be achieved by placing a facility on a lot which is not within or
does not abut a residential zoning district.
(e)
All wireless communications facilities shall
be constructed and maintained in conformance with all building, electrical,
fire prevention and other applicable codes.
E.
Major wireless communications facilities.
(1)
Approved zoning districts of other locations.
(a)
Major wireless communications facilities, including
an alternative tower structure or existing tower, but excluding a
new tower, are permitted as a special exception use in all zoning
districts.
(b)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use on Village water tanks(s), subject to an agreement with the Board of Trustees.
(c)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a) or (b) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the I-1 Zoning District.
(d)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b) or (c) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the I-2 Zoning District.
(e)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c) or (d) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the I-3 Zoning District.
(f)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c), (d) or (e) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the RA-3 Zoning District located at the southern boundary of the Village.
(g)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c), (d), (e) or (f) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the RA-3 Zoning District located at the northern boundary of the Village.
(h)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c), (d), (e), (f) or (g) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in any other location.
(2)
Conditions precedent to granting site plan or
conditional use approval.
(a)
Service coverage map and report. The applicant
shall submit a service coverage map which shows and describes all
existing and proposed areas of service coverage relating to the proposed
communications facility. The service coverage map shall show the location
and identify all existing sites in the Village and in bordering municipalities
which contain communications towers or related facilities. A detailed
report shall accompany the service coverage map and shall show why
the proposed communications tower, equipment and facility is necessary.
The report shall identify locations within the proposed project site
service coverage area which are not, and could not be, served by existing
facilities, collocation, utilization of alternative technology or
an alternative tower or other structure.
(b)
Long-range communications facilities plan. The
applicant shall submit a facilities plan which shows that the proposed
location of the communications facility and related buildings and
equipment have been planned to result in the fewest number of communications
transmission tower sites within the Village. The plan shall indicate
how the applicant intends to provide service throughout the Village
and how the applicant plans to coordinate with all other providers
of wireless communications services in the Village. The plan shall
address the applicant's planned and possible location of additional
tower sites, additional antennas, related or other service area coverage
and alternative long-range plan scenarios that illustrate the potential
effects of multiple towers and of tower(s) height, community intrusion
impacts and visual and aesthetic impacts.
(c)
Community impacts. The applicant shall submit
documentation which demonstrates that the proposed communications
tower height and bulk is the minimum height and bulk necessary to
provide licensed communications services to locations within the Village
which the applicant is not able to serve with existing facilities.
Such documentation shall include evidence that visual, aesthetic and
community character impacts have been minimized to the greatest extent
practicable.
(d)
Demonstration that shared use is impracticable.
A conditional use permit may be authorized for a major wireless communications
facility only if the applicant demonstrates that shared use of existing
structures or sites is impractical. An applicant shall be required
to present a report inventorying all existing structures within 1/2
mile of the proposed site which are at an elevation suitable as potential
sites. The report shall describe opportunities for shared use of these
existing facilities as an alternative to a proposed new tower. The
report shall demonstrate that the applicant used its best efforts
to secure permission for shared use from the owner of each existing
facility as well as documentation of the physical, technical and/or
financial reasons why shared usage is not feasible or practical in
each case. The applicant's written request for shared use and the
property owners' written responses shall be provided.
(e)
Commitment for future shared use. New wireless
communications towers shall be designed to accommodate future shared
demand for reception and transmitting facilities. The applicant shall
submit to the Board of Trustees an irrevocable letter of intent committing
the owner of the proposed new tower and its successors in interest
to permit future shared use of the proposed tower by other telecommunications
providers. This letter shall also be filed with the Building Inspector
prior to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation of the conditional
use permit following a hearing and opportunity to be heard. The letter
shall commit the new tower owner and its successors-in-interest to
the following:
[1]
To respond within 90 days to a
request for information from a potential shared-use applicant.
[2]
To use best efforts and negotiate
in good faith concerning future requests for shared use of the tower
by other telecommunications providers.
[3]
To allow shared use of the tower
if another telecommunications provider agrees, in writing, to pay
reasonable charges. The charge may include but is 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 and depreciation and all of the costs of adapting the tower
and/or equipment to accommodate a shared user without causing electromagnetic
interference.
(f)
Nonionizing electromagnetic radiation (NIER)
certification. A written certification shall be submitted, prepared
by a qualified engineer and/or health physicist, which calculates
the maximum amount of nonionizing electromagnetic radiation (NIER)
which will be emitted from the proposed wireless communications facility
and demonstrates that any such emissions from the facility will be
within the threshold levels adopted by the Federal Communications
Commission as of the day of application. The certification shall include
a statement or explanation of how compliance was determined; an explanation
as to what, if any, restrictions on access will be maintained to ensure
compliance; and a statement as to whether other significant transmitting
sources are located at or near the transmitting site and, if so, whether
those emissions were considered in determining compliance and the
reasons why those emissions were or were not considered.
(g)
The applicant shall comply with all other requirements,
standards and conditions set forth in this chapter governing conditional
use and site plan applications.
F.
Other requirements.
(1)
Design.
(a)
Visual impact assessment. The applicant shall
submit the following:
[1]
A viewshed analysis in order to
determine locations where the tower and appurtenant facilities may
be visible.
[2]
Graphic representations of before-and-after
views from key viewpoints located inside and outside of the Village,
including, but not limited to, state highways and other major roads,
state and local parks, other public lands, preserves and historic
sites normally open to the public, residential developments and any
other location where the site is visible to a large number of visitors
or travelers.
[3]
Assessment of alternative tower designs and color schemes, as set forth in Subsection F(1)(b) below.
[4]
Assessment of the visual impact
of the tower base, guy wires, accessory buildings and structures and
overhead utility lines on abutting properties and streets.
(b)
Tower design. The applicant shall submit a report
describing alternative tower designs which includes lattice and monopole
structures and other designs to minimize visual impacts. The Board
may request a review of the tower design by a qualified engineer in
order to evaluate the need for, and the design of, any new tower and
potential alternatives. All designs to be considered shall be required
to include, at a minimum, the following characteristics:
[1]
Towers shall be designed to accommodate
future shared use by other wireless communications providers.
[2]
Unless specifically required by
other regulations, a tower shall have a finish (either painted or
unpainted) that minimizes its degree of visual impact.
[3]
No portion of any tower or accessory
structure shall be used for a sign or other advertising purpose, including
but not limited to company name, phone numbers, banners and streamers.
[5]
The height of any new tower shall
be the minimum height necessary, considering shared use, to meet the
minimum requirements of the Federal Communications Commission for
adequate coverage of the service area.
(c)
Fully engineered site plan. The applicant shall
submit a site plan showing, at a minimum, all existing and proposed
roads, buildings, tower(s), guy wire and anchors, antennas, parking
and landscaping, and shall include grading plans for new facilities
and roads.
(d)
Engineer's report.[2]
[1]
The applicant shall submit a report
prepared by a New York State licensed professional engineer specializing
in electrical engineering with expertise in communications facilities.
If a monopole or tower is required and/or the electrical engineer
is not qualified to certify the structural soundness of the installation,
then an additional report shall be submitted by a New York State licensed
professional engineer specializing in structural engineering. The
report(s) shall contain the following information:
[a]
Name(s) and address(es) of person(s)
preparing the report.
[b]
Name(s) and address(es) of the
property owner, operator and applicant.
[c]
Postal address and section, block
and lot number of the property.
[d]
Zoning district in which the property
is situated.
[e]
Size of the property and the location
of all lot lines.
[f]
Location of nearest residential
structure.
[g]
Location of nearest occupied structure.
[h]
Location of nearest day-care center,
school, camp or recreational area.
[i]
Location of all structures on the
property.
[j]
Location, size and height of all
proposed and existing antennas and all appurtenant structures.
[k]
Type, size and location of all
proposed and existing landscaping.
[l]
Number, type and design of antenna(s)
proposed and the basis for the calculations of capacity.
[m]
Make, model and manufacturer of
the antenna(s).
[n]
Description of the proposed antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials, color and lighting.
[o]
Frequency, modulation and class
of service of radio equipment.
[p]
Transmission and maximum effective
radiated power of the antenna(s).
[q]
Certification that the proposed
antenna(s) will not cause interference with existing communications
devices.
[r]
Elevation drawings depicting the
front, side and rear of the property, illustrating the proposed antenna(s),
mounting device and structure, if any, on which the antenna(s) is
mounted.
[s]
A map depicting and listing all
existing sites in the Village and bordering municipalities containing
transmitting antenna(s) used by the operator, owner or applicant.
[t]
All applications, communications
and permits submitted to or issued by the Federal Aviation Administration
and Federal Communications Commission.
(e)
Intermunicipal notification. In order to keep
neighboring municipalities informed, to facilitate the consideration
of shared use of existing tall structures in a neighboring municipality
and to assist the continued development of communications for emergency
services, the applicant shall provide the following additional notice
of the application:
[1]
Notification, in writing, to the
Clerk of any adjoining municipality within one mile of a proposed
site or a greater distance if determined by the Board to be impacted
by a proposed new telecommunications tower.
[2]
Notification, in writing, by certified
mail, of all landowners within 1,000 feet of the property line of
the parcel on which a new tower is proposed.
(2)
Location, lot size and setbacks.
(a)
Any proposed wireless communications tower and
its accessory structures shall be located on a single parcel and shall
comply with setback requirements as identified below.
[1]
In order to protect the health,
safety and welfare of children who may be injured by falling ice or
debris, all wireless communications towers shall be a distance of
not less than 350 feet from the nearest property line of a school,
day-care center, camp, public park, playground, recreation area or
other area where children may congregate.
[2]
Wireless communications towers
shall be located with a minimum setback from any property line equal
to the height of the tower in any zoning district, except, however,
if the applicant can demonstrate that the fall zone for the structure
can be safely accommodated on a smaller-size parcel or with reduced
setbacks to no less than the minimum bulk requirements in the underlying
zoning district, the Planning Board shall have the discretion to reduce
the size accordingly. The applicant must demonstrate that there is
adequate protection to adjoining properties from the dangers of falling
ice or debris through either an easement or other safeguards. The
Planning Board shall make findings of fact justifying a reduction
and shall impose such additional conditions that the Board may deem
appropriate to protect the health, safety and welfare. Accessory structures
shall comply with the minimum setback requirements in the underlying
zoning district.
[3]
The lot size of major wireless
communications facilities sites shall be determined by the amount
of land required to meet the setback requirements. If the land is
to be leased, the entire area required shall be leased from a single
parcel.
[4]
Additional setbacks may be required
by the Planning Board to contain on site all icefall or debris from
tower failure and preserve the privacy of any adjoining residential
and public properties.
(3)
Vegetative screening and fencing.
(a)
Landscaping. All facilities shall provide landscaping
as follows:
[1]
All towers shall be located and
designed to have the least possible adverse visual and aesthetic effect
on the environment.
[2]
The area surrounding the installation,
other than the area necessary to maintain a clear line of sight to
the signal source, shall be landscaped and maintained with trees,
shrubs and ground cover to maximize screening and visual buffering.
The Board may determine that an existing natural vegetative buffer
which meets or exceeds the above requirements is sufficient.
[3]
Landscaping shall include trees
of a height and density established by the Planning Board that will,
over time, further screen the site, buffer neighboring properties
and reduce visual impacts resulting from the installation of said
facility.
[4]
The outside of security fencing
shall be screened with evergreen shrubs, trees or climbing evergreen
material.
[5]
The base of any communications
tower and any accessory structure shall be effectively screened using
primarily vegetative screening, including a continuous evergreen screen
planted in a natural setting and consisting of native plant species.
Existing vegetation shall be preserved to the maximum extent practicable.
Additional plantings shall be required, as necessary, to screen and
buffer all structures from nearby properties or important viewsheds
of scenic areas. All landscaping shall be properly maintained to ensure
continued screening and buffering.
(b)
Security and safety fencing. Security and safety
fencing shall be located around all communications towers, equipment
and related facilities to prevent unauthorized access. Access to all
structures shall be through a locked gate or locked principal building.
Fencing shall be designed to minimize visual and aesthetic impacts
and shall be equipped with appropriate anti-climbing devices. Failure
to maintain said security and safety fencing in an appropriate manner
shall be grounds for immediate revocation of all permits and certificates
of use by the Building Inspector. In addition:
[1]
All communications towers, antenna
towers, monopoles and other supporting structures shall be made inaccessible
to unauthorized persons, particularly children, and shall be constructed
or shielded in such a manner that they cannot be climbed.
[2]
All transmitter controls shall
be designed and installed in such a manner that they are accessible
only to persons authorized by the licensee to operate or service them.
[3]
All transmitters used with in-building
radiation systems shall be designed in such a manner that, in the
event that an unauthorized person does gain access, that person cannot
cause the transmitter to deviate from its authorized operating parameters
in such a way as to cause interference to other stations.
[4]
All transmitters (other than hand-carried
or pack-carried mobile transmitters) and control points shall be equipped
with a visual means of indicating when the control circuitry has been
activated to cause the transmitter to radiate.
[5]
All transmitters shall be designed
in such a manner that they can be turned off independently of any
remote-control circuits.
(c)
Coloring and marking. Unless otherwise required
by the FAA or FCC, all communications facilities, including antennas
and communications towers, shall be colored, camouflaged and/or shielded
to blend with surrounding areas, provided that such coloring, camouflage
and/or shielding does not inhibit their effectiveness. The painting
or marking of such facilities shall have a finish or coloring which
will minimize visual and aesthetic impacts. Towers and all appurtenances
shall generally have a galvanized finish and shall be painted gray
or blue-gray or some other finish or color that is shown to be visually
unobtrusive.
(d)
Signals and lights. No antenna or tower shall
include any signals, lights or illumination unless required by the
FAA or other applicable authority. The applicant shall provide to
the Board any legal authority which requires lighting. If lighting
is required, the lighting shall be such as to cause the least disturbance
to surrounding properties and views. Any lighting necessary for accessory
structures or buildings shall be the minimum necessary and shall be
properly shielded to prevent light emission and glare onto adjacent
properties.
(e)
Signage. No signs, including advertising signs,
shall be permitted on any antenna, communications tower, antenna tower
or monopole, or antenna support structure, except as follows:
[1]
Signs specifically required by
a federal, state or local agency.
[2]
Each site shall include a sign
containing the name and emergency phone number of the owner and operator
of all antennas. Any door having access to a roof-mounted antenna
and all entrances to the fenced enclosure shall be similarly posted.
[3]
All signage shall comply with the
sign regulations of this chapter.
[4]
Any graffiti on a structure shall
be removed within 48 hours.
(4)
Undergrounding of electrical power and noise
suppression. All electrical power supply to service the on-site buildings
and appurtenances supporting the tower antenna operations shall be
installed underground. Noise suppression shall be utilized in the
structural design and construction of the tower support buildings
and appurtenances.
(5)
Access and Parking.
(a)
Access. Adequate emergency and service access
shall be provided. Maximum use of existing roads, public or private,
shall be made. Road construction shall, at all times, minimize ground
disturbance and vegetation cutting to within the top of fill, the
top of cuts or no more than 10 feet beyond the edge of any pavement.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
(b)
Parking. Parking shall be provided on-site in
an amount determined by the Board based upon recommendation from the
applicant. No parking shall be located in any required front yard.
G.
Minor wireless communications facilities.
(1)
Minor wireless communications facilities are a permitted use in all zoning districts, subject to site plan review by the Planning Board. The Planning Board may require the applicant to submit any of the items set forth in Subsection F herein as part of the site plan review process.
(2)
An application for site plan approval of a minor
wireless communications facility shall include the following:
(a)
Consent from the owner of the existing facility
to allow shared use.
(b)
A site plan showing all existing and proposed
structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking, landscaping, grading plans, any methods
used to conceal the modification to the existing facility and all
other items required by this chapter for site plans.
(c)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing structure and will not hamper existing emergency networks
and explaining what modifications, if any, will be required in order
to certify the above.
(d)
A copy of the applicant's Federal Communications
Commission (FCC) license.
(e)
The Planning Board may waive any of the above
requirements if it is demonstrated by the applicant that under the
facts and circumstances the submission of such documentation would
cause an unnecessary and undue hardship. The reason(s) for any such
waiver shall be stated in writing.
(f)
The Planning Board may require any other documentation,
reports or evidence that it deems necessary to ensure that the health,
safety and welfare of the community is adequately protected.
H.
Required conditions of all approvals.
(1)
Removal.
(a)
Any antenna, communications facility, communications
tower, antenna tower or monopole, including any supporting structure
and related appurtenances or part thereof, which is not used for six
months, including a noncontinuous but cumulative period of six months
in any twelve-month period, shall be removed by the property owner
or the operator of said facility and the property restored, at their
sole cost and expense.
(b)
An extension of an additional six months may
be granted by the Planning Board upon submittal of a written request
for said extension, including proof as determined reasonable by the
Planning Board that the owner is actively engaged in the marketing
of the property for sale or rent.
(c)
In the event that the tower is not removed as
herein required, the Village, after notice and opportunity for the
owner and operator to be heard, may cause the tower to be removed
and the property restored. The total cost of such removal and restoration,
including but not limited to removal and disposal costs and engineering,
attorney and employee expenses, if not paid, shall be assessed against
the property and collected in the same manner as real property taxes.
(2)
Operational certification. Within 45 days of
initial operation or modification of a wireless communications facility,
the owner or operator shall submit to the Building Inspector a written
certification by a professional engineer that the operation is in
compliance with the application submitted, all conditions imposed
and all other provisions of this section. Such certification shall
be a condition of lawfully operating past this forty-five-day period.
The Village may confirm and periodically reconfirm compliance as necessary
to ensure compliance with all provisions of law, including NIER levels
as set forth by the FCC. The owner/operator of the facility shall
supply all necessary documentation to permit the Village to make such
a determination regarding compliance. If found to be not in compliance,
the facility shall cease operation until compliance is restored.
(3)
Existing installations.
(a)
The current operator of any communications facility
or communications tower, antenna or monopole in lawful existence at
the time of adoption of this section shall be permitted to remain
in operation, provided that the operator submits proof within six
months of said adoption that a valid building permit(s) was issued
for the facility, that the facility complies with current emission
standards as promulgated or recommended by the FCC and that the facility
meets the security requirements of this section.
(b)
Any lawful nonconforming communications facility
or communications tower shall be permitted to remain until such time
as the use, facility or structure is altered, at which time compliance
with this section shall be required.
(c)
Any facility for which emission and security compliance documentation is not received shall cease operation within six months of adoption of this section and shall be immediately removed thereafter. If the facility is not removed, then the Village may cause removal in the manner set forth in Subsection H(1) above.
I.
Review and compliance costs.
(1)
The applicant and operator, respectively, of
a facility are responsible for the payment of all of the Village's
costs to review an application and to determine continued compliance
after commencement of operation. Payment of all such costs within
30 days of billing shall be a condition of approval and of continued
operation.
(2)
The Board is authorized and shall require the
applicant to post funds in escrow in an amount determined by the Board
to pay for the Board's review costs. Such escrowed amount shall be
replenished by the applicant, as directed by the Board, such that
sufficient funds are available at all times.
(3)
As a condition of approval, the applicant shall
be required to post funds in escrow in an amount determined by the
Board to pay for the Village's cost of inspection and determining
continued compliance with the conditions of approval, this section
and all other applicable requirements. Such escrowed amount shall
be replenished by the operator, as directed by the Board of Trustees,
such that sufficient funds are available at all times.
J.
Telecommunications Advisory Board.
(1)
A Telecommunications Advisory Board may be created
to consist of three members appointed by the Board of Trustees to
serve staggered three-year terms and to participate in regional planning
efforts; review advancements in antenna technology and zoning compliance
with Federal Communications Commission rulings; and offer recommendations
on applications made pursuant to this section and on amendments and
enforcement of this section. The creation of such Board shall be consistent
with the following:
(a)
Appointment of members. The Board of Trustees
shall appoint three members and shall designate the Chairperson thereof.
When selecting candidates, the Board of Trustees shall weigh and consider
geographical representation and endeavor to ensure that membership
is representative of the larger population to the extent possible.
In the absence of a Chairperson, the Advisory Board may designate
a member to serve as Acting Chairperson. In making such appointments,
the Board of Trustees may require Advisory Board members to complete
training and continuing education courses to assure competency in
the subject area.
(b)
Terms of members first appointed. The appointment
of members to the Advisory Board shall be for terms such that one
member's term shall expire at the end of the calendar year in which
the members were initially appointed. The remaining members' terms
shall be such that one member's term shall expire at the end of each
year thereafter. At the expiration of each original member's appointment,
the reappointed or new member shall be appointed for a three-year
term.
(c)
Vacancy in office. If a vacancy shall occur
otherwise than by expiration of term, the Board of Trustees shall
appoint a new member to the unexpired term.
(d)
Chairperson Duties. All meetings of the Advisory
Board shall be held at the call of the Chairperson and at such other
times as the Advisory Board may determine.
(2)
Advisory board obligations. The Advisory Board
shall publish at least once each year, in February, a summary of the
previous year's rulings and notices of proposed ruling-making by the
Federal Communications Commission affecting the provisions of this
section or shall state where such a summary may be obtained. Such
summary should focus on rulings and notices which affect municipalities
within the county, including a list of proposed and actual sites of
all transmitting antennas installed in the Village during the prior
year, keyed to a map of the Village and illustrating the distribution
of said antennas, and a list of all pending antenna applications before
the Village and surrounding areas.
[Added 4-13-2020 by L.L.
No. 2-2020]
A.
No portable home storage units or Portable On Demand (POD) storage
structures may be utilized as a temporary structure unless a permit
is obtained for each portable home storage unit or POD by application
to the Code Enforcement Officer, who shall issue such permit, provided
the following requirements of this section are satisfied:
(1)
The portable home storage unit or POD is located as a temporary
structure on property within the Village for period not to exceed
30 consecutive days in any one-year period.
(2)
No more than one portable home storage unit or POD may be located
on a piece of property within the Village at one time.
(3)
Such portable home storage unit or POD may not be located on a property more than two times in any given thirty-calendar-day period referenced in Subsection A(1) above. Such portable home storage unit or POD shall be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. (See Subsection B.)
(4)
All locations of such portable home storage unit or POD must be on paved off-street surfaces. (See Subsection B.)
(5)
Such structure may not exceed eight feet six inches in height,
10 feet in width or 20 feet in length. It shall be the obligation
of the owner or user of such portable home storage unit or POD to
secure it in a manner that does not endanger the safety of persons
or property in the vicinity of the temporary structure. In the event
of high winds or other weather conditions in which such structure
may become a physical danger to persons or property, any law enforcement
officer(s) or other first responders or emergency management personnel
may require the immediate removal of such temporary structure.
(6)
When necessary to facilitate cleanup and/or restoration activities
resulting from a flood, fire or natural disaster to a building or
structure, one portable home storage unit or POD may be located on
the property for a period not to exceed 180 days.
(7)
All portable home storage units or PODs must include a placard
not to exceed one square foot in area which is clearly visible from
the right-of-way which includes the container identification number,
date of its placement on the property, date that removal will be required,
and a local telephone number.
B.
The applicant must obtain site plan approval from the Planning Board
in the following situations:
C.
Additional guidelines.
(1)
No portable home storage unit or POD shall be used to store
solid waste, construction debris, demolition debris, recyclable materials,
business inventory, commercial goods, or goods for property other
than at the residential property where the storage unit is located.
(2)
Storage of hazardous material within the portable home storage
unit or POD is prohibited.
(3)
All portable home storage units and PODs shall be locked and
secured by the property owner, tenant or property manager at all times
when loading or unloading is not taking place. The property owner,
tenant or property manager or user of a portable home storage unit
or POD must secure it in a manner that does not endanger the safety
of person or property in the vicinity of the temporary structure.
In the event of severe weather conditions in which the unit may become
a physical danger to persons or property, the Village may require
the removal of the portable home storage unit or POD.
(4)
No temporary or permanent wiring shall be installed in or attached
to a portable home storage unit or POD.
(5)
A portable home storage unit or POD must be placed on the ground
as designed and not raised for underneath storage.
(6)
No materials or equipment may be stored on top of a portable
home storage unit or POD.
(7)
The portable home storage unit or POD shall not be placed within
any public right-of way or roadway, including sidewalks.
(8)
No human or animal shall occupy any portable home storage unit
or POD except for the express purpose of loading or unloading the
container.
(9)
No heat source of any kind shall be placed in any portable home
storage unit or POD.
(10)
Each and every day that a portable home storage unit or POD
remains on the property beyond the applicable permitted time shall
be considered as a new and separate violation. Each and every portable
home storage unit or POD more than the quantity of one located on
the property shall be considered a new and separate violation.
