[Amended 1-17-2011 by L.L. No. 1-2011]
A.
Uses subject
to special use permits are generally appropriate in the district in
which they are allowed, but may not be suitable for a particular parcel
of property within the district. The purpose of special use permit
review is to allow the Planning Board to assess the use for its suitability
for the specific site on which it is proposed.
B.
The Planning
Board may approve, approve with modifications or disapprove an application
for a special use permit based on the criteria of this section.
C.
The Planning
Board is hereby authorized to waive any requirements of this section
pertaining to special use permit review and approval when such waiver
is reasonable and where the requirements of this section are not requisite
in the interest of the public health, safety or general welfare or
are inappropriate to a particular special use permit.
D.
The Planning
Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed special use permit.
E.
In considering
and acting on special use permits, the Planning Board shall consider
the following:
(1)
That
the proposed use is consistent with the comprehensive plan for the
community and that the public health, safety, welfare, and comfort
and convenience of the public in general are safeguarded.
(2)
That
the public facilities to service the proposed use, including water
supply, sewage disposal, drainage facilities, road and pedestrian
facilities, solid waste facilities, and any other utilities and public
services are adequate for the intended level of use.
(3)
That
the proposed use is of a character, scale and intensity of use compatible
with the surrounding neighborhood, will not conflict with neighboring
uses, and will not impair the value of properties.
(4)
That
the proposed use shall not have a deleterious effect on the site or
the surrounding neighborhood with regard to natural resources; aesthetic
resources; scenic, historic or archaeological sites or structures;
or the quality of air or water.
(5)
That
the proposed use shall not cause undue noise, vibration, odor, glare,
smoke, dust, fumes, unsightliness or electrical disturbance, nor pose
a danger to neighboring properties or the general neighborhood due
to hazardous or volatile substances.
F.
A draft stormwater prevention plan (SWPPP), as defined by and consistent
with the standards of the Village of Carthage Stormwater Management
and Erosion and Sediment Control Law, shall be provided where required.
[Added 4-19-2018 by L.L.
No. 1-2018]
Following is a list of special use requirements.
These are specific requirements for some uses and must be followed.
Uses that are not listed herein and are listed as special uses in
Schedule I[1] shall meet the general criteria for all special uses found in § 146-16.
A.
Automobile service stations and public garages.
(1)
All motor vehicle service stations and public
garages shall be so arranged and all gasoline and/or fuel pumps shall
be so placed as to require all servicing on the premises no closer
than 20 feet to any street line. No gasoline or fuel pump shall be
placed closer than 30 feet to any side or rear lot line.
(2)
All junk wastes, discarded parts, etc., as a
result of servicing motor vehicles, equipment, etc., shall be stored
in an enclosed structure or fenced area so as not to be visible from
adjacent lots until disposed of. None of these materials may be disposed
of on the lot.
(3)
Underground fuel storage tanks shall be at least
50 feet from any lot line, unless otherwise approved by the Planning
Board.
(4)
Entrance and exit driveways shall be located
at least 10 feet from any side or rear lot line.
B.
Fuel storage and supply facilities.
(1)
All fuel storage tanks and fuel pumps shall
be located at least 100 feet from any adjacent industrial, commercial
or business lot line, 200 feet from any adjacent residential lot line
and 100 feet from any street line.
(2)
If the fuel storage tanks are aboveground tanks,
the tank area must be surrounded by a moat, mound, wall or other structure
of some kind which will retain any fuel leakage or spills on the lot.
C.
Industrial operations involving hazardous materials.
(1)
All buildings, structures, storage areas and
accessory uses used in the production, handling, storage, etc., of
hazardous materials shall be located at least 300 feet from any lot
or street line.
(2)
All buildings, structures or areas used for
storing hazardous materials must be placed on a paved, concrete or
similar solid surface and shall be surrounded by walls, mounds, dikes
or similar devices which, in case of leakage or spills, will retain
the hazardous material on the site and prevent contamination of the
soil and groundwater.
(3)
No hazardous material, waste, by-product, etc.,
shall be disposed of on-site.
(4)
The entire lot on which the operation is located
shall be enclosed by a fence at least 10 feet high, and all entrances
and exits shall be locked, have security personnel available or employ
some system which restricts access to the area.
D.
Sales, rental and/or storage operations for motor
vehicles, marine uses, recreational vehicles, trailers, mobile homes
and agricultural implements.
(1)
Such sales, rental or storage operations shall
be located at least 50 feet from the nearest residential lot line.
(2)
When within 200 feet of a residential structure,
such operations shall be screened from adjacent residential property
by a fence, hedge or other planting or structure so as not to be visible
from the adjacent property.
(3)
Such operations that also have service facilities for the same equipment shall meet the special requirements of automobile service stations and public garages in Subsection A above.
(4)
The lot where the products are displayed and
the parking spaces on lot shall be constructed of all-weather (e.g.,
gravel, paved, etc.) materials.
(5)
The use shall provide sufficient parking spaces
to accommodate business uses as listed under the off-street parking
requirements. In addition, the lot shall be of adequate size to accommodate
the maximum number of products that are for sale or rent.
E.
Bars.
(1)
Bars shall not be located within 750 feet of
churches, schools, parks, playing fields or other areas in which groups
of minors regularly congregate.
(2)
Bars shall not be located within 750 feet of
any residential dwelling unit.
(3)
Bars shall not be located within a seven-hundred-fifty-foot
radius of any other bar.
(5)
All solid waste, garbage, bottles, cans, etc.,
shall be stored within the principal building or within a completely
enclosed accessory building or structure.
F.
Multifamily dwellings which are located in any building
or structure a portion of which is also used or intended for use as
commercial or business purposes are permitted. No dwelling unit or
area shall be permitted within any storefront portion of the structure
or any portion being used or which was intended for use as a commercial
enterprise or business. More specifically, residential units may be
allowed in the rear of a storefront or commercial area or in an area
above a storefront which due to the slope of the street may be near
the street level.
[Amended 9-17-2007 by L.L. No.10-2007]
G.
Mobile home, individual. Location of an individual
mobile home may be permitted outside an authorized mobile home park
upon authorization of a permit by the Planning Board when the Board
determines that one of the following criteria has been met:
(1)
Special necessity. Upon proof of special necessity
for an agricultural use where an additional dwelling is needed for
a farm employee, tenant or family members, the Planning Board may
grant a special permit for the installation of a single mobile home
to be placed on the same individual lot as an existing conventional
single-family dwelling, conditioned upon the following:
(2)
Interim dwelling. The Planning Board may grant
a special permit for the installation of a mobile home as an interim
dwelling on an individual lot during the construction of a conventional
single-family dwelling on such lot, conditioned on the following:
(a)
The approval shall be temporary for a period
not to exceed one year from the date of issuance of the permit for
the conventional single-family dwelling, except that the Planning
Board may grant as many as two extensions of six months each as circumstances
warrant.
(b)
On or before the date of expiration of the temporary
approval and extensions thereto, if any, use of the mobile home as
an interim dwelling shall cease and the mobile home shall be removed.
(3)
Emergency dwelling. A mobile home may be temporarily
placed and occupied as an emergency dwelling on any property in the
Village, regardless of prior development on or current use of such
property, provided that:
(a)
The need for such emergency dwelling resulted
from the loss by flood, fire or other disaster of an existing dwelling
within the Village.
(b)
Temporary arrangements for safe access to the
property, adequate potable water supply, sanitary disposal of sewage,
safe storage of liquefied petroleum gas and anchoring are provided
within 48 hours of such placement (and occupancy) by means either
on-site or off-site.
(c)
A temporary permit is obtained for the emergency
dwelling within 48 hours of such placement and occupancy.
(d)
Such temporary permit shall expire and the emergency
dwelling shall be removed from the property within 60 days of such
placement and occupancy.
(e)
Except as provided herein, no other improvements
to or alteration or disturbance of the property shall be caused by
such placement and occupancy of an emergency dwelling and no rights
to develop such property shall be thus established other than as are
permitted in full compliance with the provisions, regulations, standards
and procedures of this chapter.
H.
Telecommunications towers.
(1)
Purpose. The Village Board of the Village of
Carthage recognizes the increased demand for wireless communications
transmitting facilities and the need for services that they provide.
Often these facilities require the construction of a communications
tower. The purpose of these supplemental regulations is to protect
the community's interest in properly siting towers in a manner consistent
with sound land use planning while also allowing wireless service
providers to meet their technological and service objectives. The
following are guidelines to follow:
(a)
Promote the health, safety and general welfare
of the residents of the Village through the establishment of minimum
standards to reduce the adverse visual effects of telecommunications
facilities through careful design, siting and screening.
(b)
Protect property values.
(c)
Protect the physical appearance of the community.
(d)
Preserve the community's scenic and natural
beauty.
(e)
Avoid potential damage to adjacent properties
from tower failure through proper engineering and careful siting of
structures.
(f)
Protect a citizen's ability to receive communications
signals without interference from other communications providers while
preserving competition among communications providers.
(g)
Maximize the use of existing towers or antenna
host sites within prescribed districts so as to minimize the number
and visual impact of towers needed.
(h)
Minimize the total number of telecommunications
towers in the community by encouraging shared use of existing and
future towers and the use of existing tall buildings and other high
structures.
(2)
Applicability.
(a)
No telecommunications facility shall hereafter
be used, erected, moved, reconstructed, changed or altered except
in conformity with these regulations.
(b)
No existing structure shall be modified to serve
as a telecommunications facility unless in conformity with these regulations.
(c)
Where these regulations conflict with other
laws and regulations of the Village of Carthage, the more restrictive
shall apply, except for tower height restrictions which are governed
by this section.
(d)
Telecommunications facilities are allowed by
special permit in the R-1, R-2, R-3, B, DH and I Districts.
(e)
Antennas proposed to be collocated on an existing
tower shall be allowed by zoning permit. Any new accessory structures
shall meet setback requirements in the district.
(3)
Application materials and supporting documentation.
(a)
All applicants for a telecommunications facility
shall make written application to the Planning Board.
(b)
Special use permit application materials requirements.
The application shall include a site plan setting forth specific site
data on a map, acceptable in form and content to the Planning Board,
which shall be prepared to a scale of one inch equals 20 feet and
in sufficient detail and accuracy and which shall show the following:
[1]
The exact location of the proposed
telecommunications facility with any tower guy wires and anchors.
[2]
The height of the proposed telecommunications
facility tower.
[3]
The location, type and intensity
of any lighting on the tower.
[4]
The location of property lines
and names of adjacent landowners within 500 feet of the parcel on
which the facility is located.
[5]
The location of lease lines in
the project area to be leased.
[6]
Proof of the landowner's consent
if the applicant does not own the property.
[7]
The location of all structures
on the property and all structures on any adjacent property within
10 feet of the property lines, together with the distance of these
structures to the telecommunications facility.
[8]
The location, nature and extent
of any proposed fencing, landscaping and/or screening.
[9]
The location and nature of existing
and proposed easements and access roads, if applicable.
[10]
The location of access roads.
[11]
A side elevation or other sketch
of the tower showing the proposed antennas and elevation of any accessory
structures.
[12]
The site plan shall bear the seal
of a professional engineer licensed to practice in New York State.
The site plan shall include foundation and support details.
[13]
The location of all trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) and other significant and/or unusual features of the site
and on any other adjacent property within 20 feet of the property
line.
(c)
Supporting documentation.
[1]
All information prepared by the
manufacturer of the antenna and/or tower, including, but not limited
to, the following:
[a]
Make and model of tower to be erected.
[b]
Detail of tower type.
[c]
Manufacturer's design data for
installation instructions and construction plans.
[d]
Applicant's proposed tower maintenance
and inspection procedures and record systems.
[e]
Anti-climb devices for the tower
and any guy wires.
[f]
Light plan, type and intensity.
[2]
The applicant shall present a report
inventorying all existing or approved towers and all structures over
75 feet in height within a five-mile radius of the proposed site.
The report shall outline opportunities for shared use from the owner
of each existing tall structure and existing or approved tower as
well as documentation of the physical, technical and/or financial
reasons why shared use is not practical in each case, written requests
and responses for shared use shall be provided.
[3]
All applicants for a telecommunications
facility shall submit an environmental assessment form (EAF) (long),
with visual addendum, and an analysis demonstration that location
of the telecommunications facility as proposed is necessary to meet
the frequency reuse and spacing needs of the applicant's telecommunications
system and to provide adequate service and coverage to the intended
area.
[4]
The Planning Board may require
submission of a more detailed visual analysis based on the results
of the visual EAF, such as:
[a]
A Zone of Visibility Map showing
locations from which the tower or facility may be seen.
[b]
Assessment of the visual impact
of the tower or facility base, guy wires, accessory structures and
overhead utility lines from abutting properties and roads.
[c]
Lighting plan, type and intensity,
based upon a line-of-sight analysis using the entire Village as a
base.
[5]
A copy of the applicant's Federal
Communications Commission (FCC) license.
[6]
An engineer's report certifying
that the proposed shared use will not diminish the structural integrity
and safety of the existing tall structure or existing or approved
tower and explaining what modification, if any, will be required in
order to certify to the above.
[7]
An engineer's report as to the
structural capacity of the tower or other structure.
[8]
Documentation on the proposed intent
and capacity of use as well as a justification for the height of any
tower or facility and justification for any vegetative clearing required.
[9]
Documentation of intent from the
owner of the existing tall structure or existing tower to allow shared
use.
[10]
All applicants must submit an
engineer's certification that transmission from their telecommunications
facility is in compliance with federal radio frequency emission standards
and will not interfere with existing signals, such as household television
and radio, etc.
[11]
All applicants applying for telecommunications
facilities agree to reimburse the Village for consultants and/or specialists
to assist in the review of the application.
(4)
Special permit review criteria for telecommunications
facilities. No special use permit or renewal thereof or modification
of a current special use permit relating to a telecommunications facility
shall be authorized by the Planning Board unless it finds that such
telecommunications facility meets the following criteria:
(a)
Is necessary to meet current or expected demands
for services.
(b)
Conforms with all applicable regulations promulgated
by the Federal Communication Commission, Federal Aviation Administration
and other federal agencies.
(c)
Is designed and constructed in a manner which
minimizes visual impact to the extent practical.
(d)
Complies with all other requirements of this
subsection, unless expressly superseded herein.
(e)
Is the most appropriate site among those available
within the technologically feasible area for the location of a telecommunications
facility.
(f)
When including the construction of a tower,
such tower is designed to accommodate future shared use by at least
two other service providers. Any subsequent location of telecommunications
equipment by other service providers on existing towers specifically
designed for shared use shall not require a new or modified special
permit if there would be no increase in the height of the tower. However,
any additional equipment will require site plan review.
(5)
Shared use of existing tall structures.
(a)
At all times, shared use of existing towers
shall be preferred to the construction of new towers. Additionally,
where such shared use is unavailable, location of antennas on preexisting
structures (for example, municipal water towers, multistory buildings,
church steeples, farm silos, tall signs, etc.) shall be considered.
(b)
Any application, renewal or modification thereof
shall include proof that reasonable efforts have been made to collocate
within an existing structure. Copies of written requests and responses
shall be provided.
(6)
New towers.
(a)
The Board shall consider a new tower only when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical as proven by the inventory report required in Subsection H(3)(c).
(b)
The applicant shall design a proposed new tower
to accommodate future demand for reception and transmitting facilities.
The applicant shall submit to the Board a letter of intent committing
the owner of the proposed new tower, and his/her successors in interest,
to negotiate in good faith for shared use of the proposed tower by
other telecommunications providers in the future. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the approval. The letter shall commit the new tower owner and his/her
successors in interest to:
[1]
Respond within 90 days to a request
for information from a potential shared-use applicant.
[2]
Negotiate in good faith concerning
future requests for shared use of the new tower by other telecommunications
providers.
[3]
Allow shared use of the new 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
cost, site design, construction and maintenance financing, return
on equity and depreciation and all of the cost of adapting the tower
or equipment to accommodate a shared user without causing electromagnetic
interference.
(7)
Telecommunications facility regulations.
(a)
Design. The design of a proposed new tower shall
comply with the following:
(b)
Dimensional standards.
[1]
All proposed telecommunications
facilities shall be located on a single parcel.
[2]
The setback for towers shall be
110% of the tower's height, unless the applicant can provide an engineer's
report indicating a smaller debris fall zone, in which case the Board
will consider a smaller setback.
[3]
Guy wire anchors shall be set back
from property lines the same distance as accessory structures.
[4]
Minimum lot size will be determined
by setback requirements.
[5]
If the project property is leased,
then any required setbacks shall be measured from the lease lines
as identified on the site plan.
[6]
A lot leased or owned for the purpose
of construction of a tower as a part of a telecommunications facility
shall not result in the creation of a nonconforming lot.
[7]
The frontage requirement of the
underlying zoning district shall not apply, provided that the telecommunications
facility is not proposed on a parcel to be partitioned specifically
for the facility and/or is designed for occupancy by staff. In the
absence of required frontage, an access way for service vehicles,
either through easement, lease or ownership, shall be in accordance
with parking and access regulations herein.
(c)
Visual impact assessment.
[1]
All towers and accessory facilities
shall be sited to have the least practical adverse visual effect on
the environment.
[2]
Towers shall not be artificially
lighted except to assure human safety as required by the Federal Aviation
Administration (FAA). Towers shall be a galvanized finish or painted
gray above the surrounding tree line and painted gray, green or black
below the surrounding tree line, unless other standards are required
by the FAA. Towers should be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements.
[3]
Pictorial representation of before-and-after
views from the key viewpoints both 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 and from any other location where
the site is visible to a large number of visitors or travelers. The
Board shall determine the appropriate key sites at a presubmission
conference with the applicant.
[4]
The Board shall make an assessment
of the visual impact of the tower base, guy wires and accessory building
from abutting properties and streets.
(d)
Accessory facility. Accessory facilities shall
maximize use of building materials, colors and textures designed to
blend with the natural surroundings.
(e)
Existing vegetation. Existing on-site vegetation
shall be preserved to the maximum extent possible. No cutting of trees
exceeding four inches in diameter (measured at a height of four feet
off the ground) shall take place prior to the approval of the special
permit. Clear-cutting of all trees in a single contiguous area exceeding
20,000 square feet shall be prohibited.
(f)
Screening. Deciduous or evergreen tree plantings
shall be required to screen portions of the tower and accessory structures
from adjacent residential property, roads and public sites known to
include important views and vistas. For all towers, at least one row
of native evergreen shrubs or trees capable of forming a continuous
hedge at least 10 feet in height within two years of planting shall
be provided to effectively screen the tower base and accessory facilities.
In the case of poor soil conditions, planting may be required on soil
beams to assure plant survival. Plant height in these cases shall
include the height of any beam.
(g)
Parking and access. A road and parking plan
shall be provided to assure adequate emergency and service access.
Maximum use of existing roads, public or private, shall be made. Road
construction shall be consistent with standards for private roads
and shall at all times minimize ground disturbance and vegetation
cutting to within the toe of fill, the top of cuts or no more than
10 feet beyond the edge of any pavement. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
soil erosion potential. Public road standards may be waived when meeting
the objectives of this subsection.
(h)
Fencing. Sites of proposed new towers and sites
where modifications to existing towers are proposed shall be adequately
enclosed by a fence, the design of which shall be approved by the
Board, unless the applicant demonstrates to the Board that such measures
are unnecessary to ensure the security of the facility. The Board
may require signage to be placed upon said fence identifying the owner
and/or operator of the facility, its business address, telephone numbers
(business number and emergency number) and that no trespassing upon
the site is allowed.
(i)
Signs. 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.
(j)
Engineering and maintenance.
[1]
Every facility shall be inspected
at least every two years for structural integrity by a New York State
licensed engineer. A copy of the inspection report shall be submitted
to the municipal enforcement officer.
[2]
A safety analysis by a qualified
professional must accompany any application for the purpose of certifying
that general public electromagnetic radiation exposure does not exceed
standards set by federal regulations.
[3]
The municipality, at the expense
of the applicant, may employ its own consultant to assist in reviewing
the findings and conclusions of safety analysis, visual analysis or
structural inspection provided by the applicant.
(8)
Removal of towers. The applicant shall submit to the Board a letter of intent committing the tower or facility owner, and his/her successors in interest, to notify the enforcement officer within 30 days of the discontinuance of use of the tower or facility. This letter shall be filed with the enforcement officer prior to issuance of a permit. Discontinued use of towers, facilities or accessory structures shall require removal of such uses from the site within four months of such notification. Failure to notify and/or remove the obsolete or unused tower or facility in accordance with these regulations shall be a violation of this Subsection H.
(9)
Intermunicipal notifications. In order to keep
neighboring municipalities informed, and to facilitate the possibility
of directing that any existing tall structures or existing towers
in a neighboring municipality be considered for shared use, the Board
shall require that:
(a)
An applicant who proposes a tower or facility
shall notify in writing the legislative body of each municipality
within the Village, and each municipality that borders the Village,
the Jefferson County Planning Department and the Director of Jefferson
County Emergency Services. Notification shall include the exact location
of the proposed tower or facility and a general description of the
project, including, but not limited to, the height of the tower or
facility and its capacity for future shared use.
(b)
Documentation of this notification shall be
submitted to the Board at the time of application.
[1]
Editor's Note: Schedules I is included at the end of this chapter.
