Village of Woodbury, NY Article V Supplementary Regulations

§ 310-7.1 Hotel Overlay District.

[Added 6-13-2019 by L.L. No. 3-2019]

A. Boundaries. The Hotel Overlay District includes that property identified on the Village of Woodbury Zoning Map as being within the designated Hotel Overlay District area.

B. Special permit required. A hotel shall require the issuance of a special permit and site plan approval by the Planning Board, subject to the relevant procedures and required findings set forth within Article VIII of the Zoning Law, and the requirements of this § 310-7.1.

C. Public water and sewer. A hotel shall be serviced by public water and sewer services.

D. Bulk and development standards. In addition to those provided in the § 310-7, a hotel is subject to the following supplemental bulk and development standards:

(1) Density. There shall be no more than one hotel unit for each 700 square feet of lot area, and a maximum of 200 hotel units permitted.

(2) Setbacks. All hotel buildings not located in a commercial center under common ownership shall be set back a minimum of 50 feet from all state and county highways and Larkin Drive. Parking areas are permitted to be located within the required setback area. The underlying zoning requirements for setbacks shall apply to hotels located in a commercial center under common ownership.

(3) Height exceptions. The maximum height permitted shall not apply to rooftop bulkheads, elevator penthouses, cooling towers or air-conditioning or heating equipment, provided that such features shall not occupy, in the aggregate, more than 10% of the area of the roof of a building and are set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum permitted height. All mechanical equipment located on the tops of buildings shall be visually screened to the satisfaction of the Planning Board.

(4) Buffer. There shall be a minimum fifteen-foot-wide landscaped buffer along all boundary lines of the property for all hotels not located in a commercial center under common ownership. Only access drives and sidewalks may traverse the landscaped buffer; no other impervious surfaces may be located in the landscape buffer. The underlying zoning requirements for buffers shall apply to hotels located in a commercial center under common ownership.

(5) Frontage. The property shall have frontage of at least 100 feet along Larkin Drive, or on a state or county highway or right-of-way. Said frontage shall permit the ability to directly access these roadways for vehicular ingress and egress to the property. If the hotel is located within a commercial center, the commercial center shall have direct access on Larkin Drive, or on a state or county highway or right-of-way, or the property shall have access through an easement or access agreement to Larkin Drive, or to a state or county highway or right-of-way.

(6) Parking. A minimum of 1.25 parking spaces per hotel unit, in addition to the parking requirements contained in §§ 310-40A(5), 310-40B, and 310-40C for all accessory uses, shall be provided.

(7) Screening. Any parking or garage area, delivery or service yard, or active recreation area shall be screened to adequately protect the view of neighboring properties, as well as to assure an attractive environment within the site. All screening shall be in accordance with the standards and requirements contained in § 310-27B.

(8) Multiple uses. Where more than one use exists on a lot, uses may be permitted to share parking spaces to meet the number of parking spaces otherwise required if, and only if, the Planning Board conclusively determines based upon objective criteria that one or more of such uses will be generating a demand for parking spaces primarily during periods when the other use(s) will not be operating. If deemed necessary by the Planning Board when such uses are under different ownership, a legal agreement providing for the use, maintenance, and repair of such shared parking shall be provided, the form of such agreement shall be satisfactory to the attorney for the Planning Board, including whether such agreement must be filed with the Orange County Clerk's office.

(9) Loading. Hotels shall adhere to the loading regulations provided in § 310-41, Off-street loading berths.

(10) Preexisting, nonconforming uses. Any legally preexisting, nonconforming uses shall adhere to Article VII, Nonconforming Buildings, Lots and Uses.

E. Design standards. A hotel is subject to the following design standards:

(1) Hotel units shall not contain kitchen facilities or equipment such as or similar to the following: full refrigerator, oven, stovetops, or hot plates. Coffee machines, mini-fridges, and microwaves are permissible within a hotel unit.

(2) Hotel units shall not be used as dwellings for nontransient tenants (occupied for 30 or more consecutive days).

[Amended 6-22-2023 by L.L. No. 9-2023]

(3) Hotel units shall not contain more than two rooms, exclusive of bathrooms, and shall not be connected by interior doors in groups of more than two.

(4) All outdoor public address or music systems shall comply with Chapter 208, Noise of the Village Code.

§ 310-8 Buildings not on mapped streets.

No permit for the erection of any building and no certificate of occupancy shall be issued unless the street or highway giving access to such site upon which said proposed structure is located is an existing state, county or Village highway or a street shown on a plat approved by the Planning Board as in effect at the time such plat was approved or a street on a plat duly filed and recorded in the office of the County Clerk prior to the adoption of this chapter. Before such permit or certificate of occupancy shall be issued, such street or highway shall have been suitably improved to the satisfaction of the Highway Superintendent, Village Engineer and Village Board as adequate in respect to the public health, safety and general welfare for the special circumstances of the particular street or highway.

§ 310-9 Subdivision of land.

The failure to comply with § 334 of the Real Property Law, Article 9-A of the Real Property Law or §§ 1115, 1116, 1117 and 1118 of the Public Health Law as to the subdivision of land into lots and requiring a survey and mapping of such lots and the filing of such map shall constitute a violation of this chapter.

§ 310-10 Minimum residential floor area.

A. No dwelling shall provide less than 800 square feet of floor area.

B. A one-family dwelling shall occupy not less than the following area of the lot:

(1) One story: 1,000 square feet, excluding an attached accessory building, if any.

(2) More than one story: 800 square feet, excluding an attached accessory building, if any.

§ 310-11 Accessory buildings.

A. No accessory building or structure shall be erected prior to any principal building, except for the purpose of storage of materials for use in constructing the principal building.

B. No accessory building shall be used for residential purposes.

C. An accessory building or use may be permitted only in a rear yard.

D. Accessory structures shall be limited in size to no greater than 1,500 square feet.

§ 310-12 Frontage and yards; exceptions.

A. Required street frontage.

(1) In R-0.25A Districts, not less than 50 feet of street frontage shall be required.

(2) In all other districts, not less than 100 feet of street frontage shall be required.

(3) The Planning Board may reduce frontage on a cul-de-sac by up to 25% of the minimum frontage for the zoning district.

B. Yards fronting on a state highway or county road. Except in the R-0.25A District, any building with a yard fronting on a state highway or county road shall have such yard unoccupied and open to the sky not less than 50 feet in depth.

C. Required yards and open spaces. Any required yard shall be open space and entirely free of buildings other than:

(1) An unenclosed entrance porch and steps not to exceed 70 square feet, provided that it is no closer than 10 feet to the front lot line.

(2) An unroofed porch, terrace or deck in any required yard, provided that it is no closer than 10 feet to any front lot line or seven feet to any other lot line and is unroofed and unenclosed except for an open guardrail not over three feet six inches high. Any porch, terrace or deck above the first floor must be set back at least 20 feet from adjoining property lines, except in an R-0.25A District, where the setback shall be at least 10 feet from a side lot line.

(3) A detached accessory building occupying not more than 25% of a required yard and set back from any lot line 1/2 the height of such accessory building, but in no case less than six feet.

D. Lots fronting on two streets. In the case of a lot fronting on two streets, the front yard shall be considered that area between the street line and the front door of the principal use. However, on every corner lot there shall be provided on each street on which the lot abuts a yard equal in depth to the required front yard depth on such street. The yard opposite the front yard shall be considered the rear yard.

§ 310-13 Ridge preservation.

[Amended 1-14-2021 by L.L. No. 2-2021]

A. Purpose and policy.

(1) The natural topography of the Village of Woodbury includes a series of prominent ridgelines running primarily in a north- south direction. Land development patterns of the Village have resulted mainly in development in the valleys, with the ridgelines being preserved as open space areas. Important ridgelines and hilltops form a scenic background to the developed areas of the Village, softening the visual impact of buildings and giving to the Village a natural and rural atmosphere.

(2) These important ridgelines and hilltops in the Village are important environmental assets, and their aesthetic value is to be protected.

(3) Therefore, all areas with a natural elevation above mean sea level of 600 feet are subject to this section and, in addition, are designated by this Zoning Chapter as "critical environmental areas" pursuant to the State Environmental Quality Review Act.

B. Restrictions and standards for structures, any part of which is in an area having a natural elevation above mean sea level of 600 feet, and tree or vegetation clearing, or filling or grading above such elevation.

[Amended 10-28-2021 by L.L. No. 13-2021]

(1) Any such structure, to the maximum practical extent, shall not be visible from any designated ridge preservation view corridor, as defined herein, or such structure shall blend into the hillside.

(2) In order to satisfactorily blend the structure into the natural environment and mitigate visual impacts, the exterior walls of a structure shall be cladded in wood, brick, stone, stucco, vinyl, fiber cement board or fiber cement siding and shall be nonreflective, nonglossy earth tone or similar neutral colors. Aluminum cladding and exterior insulation and finish system (EIFS) cladding are not permitted. Earth tone or similar neutral colors are colors such as brown, green, grey, terra cotta, and muted autumn colors that, in the opinion of the Planning Board, appropriately and naturally blend in with the tree cover. The use of white and similar bright colors that do not blend in with the tree cover in the opinion of the Planning Board are not acceptable. The Planning Board shall have the discretion to permit the use of non-natural building materials in connection with applications where existing originally approved and constructed structures consist of non-natural materials, and the application is for an addition that is substantially less in mass and/or appearance than the principal structure.

(3) Roof slopes of such structures shall follow the natural contour of the land where possible. Glossy metal or polyvinyl chloride (PVC) roofing materials are not acceptable. Patinaed copper is acceptable as are nonglossy painted metal panel roofs. Shingles composed of asphalt or asphalt composite are acceptable, as well as wood, clay, or slate shingles or tiles. Roofing materials shall also be of earth tone or similar neutral color that, in the opinion of the Planning Board, appropriately and naturally blend in with the tree cover, and may include dark greys and black. White and similar bright colors that do not blend in with the tree cover in the opinion of the Planning Board are not acceptable.

(4) No reflective windows (which include windows coated with antireflective window film) or other reflective surfaces shall be used on any building.

(5) To the greatest extent practical, every attempt shall be made to limit the amount of cutting and removal of trees so as to maintain natural site vegetation, especially on those properties which may be visible from the ridge preservation view corridor. Any healthy tree with an eight-inch-or-greater caliper at breast height shall not be removed unless such removal is essential to the location of the structure, or the safety of the structure as determined by the Code Enforcement Officer.

(6) Any proposal for clearing, filling or grading, or nonresidential construction, in such areas shall be approved by the Planning Board acting as Architectural Review Board in accordance with the procedures set forth in Chapters 8 and A314. This subsection includes the construction of new nonresidential structures or renovations of, or additions to, existing nonresidential structures that alter the physical dimensions of such structures. Any submission to the ARB shall include an illustration indicating the location of said structure and a sketch superimposed on a photograph.

[Amended 10-12-2023 by L.L. No. 15-2023]

(7) The Planning Board, acting as Architectural Review Board, may waive or adjust the requirements of all or part of this ridge preservation section upon an applicant presenting clear and convincing evidence that:

[Amended 10-12-2023 by L.L. No. 15-2023]

(a) The structures or affected land areas will not be visible from a designated view corridor. If such evidence is dependent upon existing or new landscaping or natural buffers, the Planning Board, acting as Architectural Review Board, may require an easement of record be filed with the County Clerk to preserve such landscaping or buffers; and/or

(b) Owing to prior land development by others, the purpose and policy of this ridge preservation section cannot be substantially achieved by conformance with these regulations.

(8) Notwithstanding anything to the contrary in this section, the following projects shall not require review by the Planning Board, acting as Architectural Review Board, pursuant to this section:

[Amended 10-12-2023 by L.L. No. 15-2023]

(a) Pools, in-ground, aboveground, and temporary.

(b) Detached sheds or other residential accessory structures less than 500 gross square feet, including but not limited to pool houses.

(c) New decks, and additions to decks, resulting in less than 750 gross square feet total deck area, that meets the following criteria:

[Amended 10-12-2023 by L.L. No. 15-2023]

[1] No trees greater than six inches dbh shall be removed to make room for said addition.

[2] The deck shall not be visible from the side of the principal dwelling facing the street, including any access to the deck (stairways, etc.), and shall not be visible above the current roofline of the principal dwelling.

[3] No grading will be required that requires the use of fill or a retaining wall greater than four feet in height to make the area of the deck and/or addition buildable.

[4] All provisions included in § 310-13B(1) through (6) shall be met to the satisfaction of the Code Enforcement Officer. The Code Enforcement Officer shall have sole discretion to refer any application to the Planning Board for Ridge Preservation review, even if the above criteria are met (e.g., if the project is visible from the street or could have an apparent impact on a neighboring property owner).

[5] The area of disturbance shall be kept to the minimum necessary to construct the deck/addition. The Code Enforcement Officer may require that the limits of disturbance be reduced, or a restoration plan be provided to the satisfaction of the Code Enforcement Officer.

[6] If modifications have been approved by the Planning Board and/or Building Department within five years of a new application, review by the Planning Board shall be required.

(d) Residential and nonresidential roof-mounted solar panels, extending in height no more than 12 inches from the roof surface.

(e) In-kind replacement of features that do not require more than de minimis modification to the structure, such as windows, doors, and garage doors.

(f) Retaining walls that are less than six feet in height.

(g) Signs, other than those subject to Planning Board approval.

(h) Radio, television and microwave antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.

(i) Pergolas.

(j) Outdoor bins.

(k) Residential fixed awnings.

(l) Construction of a single-family dwelling that is not visible from the view corridor, where sufficient proof of such is submitted to the satisfaction of the Code Enforcement Officer, where the following conditions are met:

[Added 10-12-2023 by L.L. No. 15-2023]

[1] No trees greater than six inches dbh shall be removed to make room for said dwelling.

[2] No grading will be required that requires the use of fill or a retaining wall greater than four feet in height to make the area of the dwelling buildable.

[3] The area of disturbance shall be kept to the minimum necessary to construct the addition. The Code Enforcement Officer may require that the limits of disturbance be reduced, or a restoration plan be provided to the satisfaction of the Code Enforcement Officer.

[4] All provisions included in § 310-13B(1) through (6) shall be met to the satisfaction of the Code Enforcement Officer. The Code Enforcement Officer shall have sole discretion to refer any application to the Planning Board for Ridge Preservation review, even if the above criteria are met (e.g., if the project is visible from the street or could have an apparent impact on a neighboring property owner).

(m) Additions to a principal dwelling that are not visible from the view corridor, where sufficient proof of such is submitted to the satisfaction of the Code Enforcement Officer, which are less than or equal to an increase in the footprint of the existing structure of 1,500 square feet in the aggregate, where the following conditions are met:

[Added 10-12-2023 by L.L. No. 15-2023]

[1] The principal dwelling is in its original built form (on file with the Building Department), with no modifications that have not been previously approved by the Planning Board and/or Building Department.

[2] No trees greater than six inches dbh shall be removed to make room for said addition.

[3] No grading will be required that requires the use of fill or a retaining wall greater than four feet in height to make the area of the addition buildable.

[4] The area of disturbance shall be kept to the minimum necessary to construct the addition. The Code Enforcement Officer may require that the limits of disturbance be reduced, or a restoration plan be provided to the satisfaction of the Code Enforcement Officer.

[5] Any addition shall be equal to or lower than the current average roofline of the existing principal dwelling. Chimneys shall not be included in this calculation.

[6] All provisions included in § 310-13B(1) through (6) shall be met to the satisfaction of the Code Enforcement Officer. The Code Enforcement Officer shall have sole discretion to refer any application to the Planning Board for Ridge Preservation review, even if the above criteria are met (e.g., if the project is visible from the street or could have an apparent impact on a neighboring property owner).

[7] If modifications have been approved by the Planning Board and/or Building Department within five years of a new application, review by the Planning Board shall be required.

C. Guidelines. In making its decision regarding the visibility and compatibility of proposed structures, the Planning Board, acting as Architectural Review Board, shall consider:

(1) The building design.

(2) The use of lower elevations on a lot to site structures.

[Amended 10-28-2021 by L.L. No. 12-2021]

(3) The blending of structures with topography to keep below the tree line.

(4) The use of both deciduous and evergreen trees to supplement or replace natural vegetation.

(5) Excessive similarity, dissimilarity or inappropriateness in relation to itself or to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street or within the surrounding neighborhood, in respect to one or more of the following features:

(a) Exterior façade, including, but not limited to, building materials, mass line, architectural style and authenticity, colors, size, proportion, roof design and height.

(b) Size and arrangement of doors, windows, porticoes or other openings or breaks in the facade, including reverse arrangement, and gross floor area of all or portions of the structure.

§ 310-14 Residential driveways.

A. Notwithstanding any other provision of this chapter, the maximum allowable grade on a residential driveway shall be 15%, with 2% for a minimum distance of 18 feet from the curb cut or the edge of the roadway pavement.

B. The maximum allowable difference in grade between the driveway and the adjacent roadway shall be 8% for a distance of 10 feet on either side of the curb cut or the edge of the roadway pavement.

C. The driveway shall be located and graded in such a way as not to permit any obstruction of sight distance within the minimum sight triangle. The "minimum sight triangle" shall be defined as the triangle formed by the center line of the adjacent road, the center line of the driveway and points in the center line of the roadway 100 feet distant in each direction from the intersection of the driveway center line and the roadway center line, drawn to a point in the center line of the driveway 30 feet distant from the point of intersection.

§ 310-15 Prohibited uses.

A. Refuse dumps. No refuse dump or deposit of rubbish or garbage where vermin, flies or mosquitoes may breed, from which offensive odors may be emitted or where a smoldering fire may burn shall be permitted.

B. No junkyards shall be permitted.

C. Construction and demolition (C & D) dumps. C & D dumps are prohibited in accordance with Chapter 124 of the Code of the Village of Woodbury.

D. Stripping of topsoil. To strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken shall be prohibited, except pursuant to Chapter 246.

E. Installation or use of any mechanical, electrical or other sound-amplifier device. To install or use any mechanical, electrical or other sound-amplifier device or similar device for magnifying sound whereby the sound is audible beyond the premises on which it is installed or located shall be prohibited. This prohibition shall not apply to or infringe on the right of freedom of speech or of worship, inhibit the announcement of necessary public information nor limit the use of a public-address system in a summer colony or camp for the purpose of making announcements, provided that the same is reasonable and necessary.

F. Artificial lights as traffic hazards. No artificial lights or reflecting devices shall be located or displayed where such lights or devices interfere with, compete for attention with or may be mistaken for traffic signals or divert the attention of operators of motor vehicles or otherwise create traffic hazards.

§ 310-16 Utility structures.

A. Satellite earth stations (dish antennas) shall be permitted in any district, subject to issuance of a special permit and site plan approval by the Planning Board and the following conditions:

(1) A satellite earth station for the receiving of communication or other signals may be installed in any residential district, including the Corridor Residential District, in any rear yard, provided that its height, including a platform or structure required for support, is not greater than permitted for accessory uses in said districts and its size is limited to a maximum of 10 feet in diameter.

(2) In all remaining districts, antennas or dish antennas for the sending and receiving of communication or other signals may be located in rear yards and permitted as accessory uses and regulated as such, except in no case shall coverage exceed 10% of the rear yard.

(3) Satellite television antennas shall be located and designed to reduce visual impact from surrounding properties at street level from public streets and not deny solar access to an abutting property. They shall be effectively screened by a special planting maintained in good condition so that said antennas shall not be visible from any adjacent property or public street.

(4) Not more than one satellite television antenna shall be allowed upon any noncommercial or single-family lot, notwithstanding the size of said lot.

(5) All antennas and the construction and installation thereof shall conform to applicable Building Code and Electrical Code regulations and requirements so as not to cause a hazard to life, limb or property because of structural impairment, disassembly or collapse.

(6) Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material and be erected in a secure wind-, snow- and storm-resistant manner.

(7) Every antenna must be adequately grounded for protection against a direct strike of lightning.

B. Wind turbines. The use of wind turbines to generate heating or cooling or to create electricity for either on-grid or off-grid applications shall be permitted in all zones subject to the following:

(1) Wind turbines shall comply with all aspects of the NYS Building code for structural stability.

(2) No wind turbine shall be located closer than 1.5 times the height of the structure from property lines or occupied buildings.

(3) All wind turbines must be located in a rear yard.

(4) Wind turbines shall not create undesirable noise to adjacent properties.

(5) No turbine shall exceed 35 feet in height.

(6) All installations shall require a building permit. Installations on residential properties located in the Ridge Preservation District and all installations on commercial buildings will require Planning Board Review.

C. Solar energy systems. Solar energy systems intended to utilize solar energy to provide space heating, domestic hot water, swimming pool heating or to otherwise provide electrical power, whether on-grid or as an off-grid permanent supply, are permitted in all zones subject to the following:

(1) Installation shall comply with Chapter 14 of the NYS Mechanical Code.

(2) Detached system shall have a minimum setback from the property line as defined as an accessory structure, but in no case closer than 10 feet to a property line.

(3) Detached systems must be located in a rear yard.

(4) Systems attached to or placed on a building must meet all structural requirements of the NYS Building Code.

(5) No system shall emit undesirable glare toward neighboring properties.

(6) A building permit is required for all installations.

(7) Installations within residential subdivisions located in the Ridge Preservation District and all installations on commercial buildings will require Planning Board Architectural Review.

§ 310-17 Applicability of other regulations.

Any use subject to any state law, including but not limited to the State Sanitary Code and Multiple Residence Law, or subject to any other local law or ordinance or subject to any rules or regulations promulgated under such laws and ordinances, shall comply therewith, and the failure to do so shall constitute a violation of this chapter, notwithstanding omission herein of specific and express requirements therewith in the regulations as to any particular use.

§ 310-18 Residential districts abutting nonresidential districts.

A. Ingress or egress to commercial and industrial sites. Where a residential district (R-3A, R-2A, R-1A, R-0.25A and CR) is bounded by a portion of a business or industrial district, then any street extending through such residential district shall not be used for any business or industrial purpose, including ingress or egress, unless approved by the Planning Board. The business structure erected in said business or industrial district shall face and have the building entrances upon the street set aside for business purposes, except that show windows in such business structure may be built and exposed upon such residential access street within the area set aside as a part of such business or industrial district. All means of ingress to or egress from the site shall be approved by the Planning Board.

B. Garage entrances. No public garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district.

C. Side and rear yard transition.

(1) The purpose of the transition buffer area is to provide privacy from noise, headlight glare and visual intrusion to residential dwellings.

(2) A buffer area shall be required along all boundaries of a nonresidentially zoned or utilized lot abutting any lot in a residential district.

(3) Such buffer area shall comply with the following minimum standards:

(a) The buffer area shall be located within the boundaries of the subject property.

(b) The minimum width of buffer areas shall be as follows:

[1] Hamlet Business District: 20 feet.

[2] Limited Commercial District: 20 feet.

[3] Industrial Business (IB), Light Industrial/Office Park (LIO) or Office Park (OP) District: 30 feet.

[4] Any district other than a residential district adjoining land owned or maintained by New York State, Orange County or Woodbury Village with current or potential use as parkland: 25 feet.

(c) The 10 feet nearest the residential district shall be planted with a screen of evergreens having a uniform height of not less than five feet above ground at the time of planting and set in a double row spaced eight feet apart in each row and shall be properly maintained to afford an effective screen between the two districts.

(4) A landscaped earthen berm, wall or fence of location, height, design and materials approved by the Planning Board may be accepted for any portion of the required planting and/or buffer area.

(5) Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting.

(6) The Planning Board may require an increase or permit a decrease in these requirements if the Board believes that said variation will better accomplish the objectives of this section.

D. Where the frontage on one side of a street is zoned partly as residential and partly as business, the front yard depth of the lot in the business district abutting the residential district shall be equal to the required front yard depth in the residential district.

§ 310-19 Grotesque buildings.

No building shall be built in a grotesque form, such as an igloo, hut, Quonset hut, caboose, shanty, brown derby, teapot, ice-cream freezer and the like, without approval of the Planning Board and subject to appropriate conditions and safeguards for the protection of other property in the area.

§ 310-20 Garages.

A. Garages accessory to one-family dwellings shall have no more than 1,500 square feet of total floor area. Space therein may be used for not more than one commercial vehicle and may be rented for not more than one vehicle of other than the occupants of the dwelling to which it is appurtenant and shall have no other business, occupation or service conducted for profit therein.

B. For a two-family or multifamily residence, garage space may be provided for each family for which such residence is arranged. Space in a garage accessory to a multifamily residence or hotel shall be rented only to occupants of the premises.

§ 310-21 Mobile home courts or parks.

A. No person shall own or operate a mobile home court or park without a special permit for the same, to be obtained annually from the Planning Board, and the failure to have such a permit shall constitute a violation of this chapter. The fee for such a special permit shall be in accordance with the fee schedule established by the Village Board. Such fee shall be paid to the Village at the time each application is made for such special permit and at the time each application for renewal thereof is made.

B. Before issuing a permit, the Planning Board must find that such use will not create a traffic hazard or otherwise impair the value, health, welfare or convenience of the prospective occupants.

C. Application for a mobile home court special permit shall be accompanied by a site plan indicating the following information:

(1) The location of the proposed mobile home court and mobile home spaces therein.

(2) The means of egress and ingress to all public roads.

(3) A drainage plan and watercourses, if any.

(4) Internal roads and off-street parking facilities.

(5) Sanitary facilities and water supply.

(6) Fire extinguishers.

(7) Fences and screening.

(8) The location and type of all outdoor lights and signs and other structures, including buildings.

D. No permit shall be issued until the sewage disposal and water supply systems have been approved by the New York State Department of Health or any other appropriate state or county regulatory agency.

E. Each mobile home court shall comply with the following conditions:

(1) The lot area for such use shall not be less than 10 acres. The area of land for each mobile home space shall contain at least 5,000 square feet, with a minimum width of 50 feet, and have the corners of each mobile home space staked out with a metal stake or pipe or concrete marker.

(2) The area shall be well-drained and have such grades and soil as to make it suitable for the purpose intended.

(3) Each mobile home space shall provide approved connections to approved central sewage disposal and water supply systems and to an approved electrical supply system.

(4) Garbage shall be collected and removed from the premises at least once a week, and a waste-collection station shall be provided.

(5) At least one public telephone shall be provided for each mobile home court. Suitable fire protection shall be provided as determined by the Board of Fire Prevention.

(6) All mobile homes shall be set back at least 50 feet measured from the right-of-way line of any public street or highway, at least 30 feet from all other property lines and not less than 15 feet from any access road.

(7) Access to a mobile home court and circulation within shall be by roads at least 24 feet wide provided with a bituminous surface.

(8) Where internal access roads are less than 30 feet wide, off-street parking bays must be provided. Such bays shall measure not less than nine feet by 18 feet per car space, and two off-street spaces shall be provided for each mobile home.

(9) All means of egress and ingress, drives, lanes and public spaces shall be adequately lighted.

(10) Screening or fencing shall be required adjacent to a developed residential area. The 10 feet nearest the residential development shall be planted with a screen of evergreens having a uniform height of not less than five feet above the ground at the time of planting and set in a double row spaced eight feet apart in each row and shall be properly maintained to form an effective visual screen.

(11) One nonflashing, indirectly illuminated sign shall be permitted on the premises. Such sign shall not be greater in area than 24 square feet nor extend more than 12 feet above ground level.

(12) Signs and other accessory structures, such as an office building, shall be located at least 20 feet from any property line or right-of-way line of any public street or highway.

(13) No fires shall be permitted except in stoves, incinerators or other equipment designed for such purposes, which shall be of a type not to endanger life or property nor prohibited by law.

(14) Units shall be anchored in accordance with requirements as follows:

(a) For mobile homes that are provided with installation instructions by the manufacturer, the stabilizing system, including footings and devices, shall be installed in accordance with the manufacturer's installation instructions.

(b) Stabilizing devices that are not provided with the mobile home shall meet or exceed the design and capacity requirements of the mobile home manufacturer or the requirements set forth in the generally accepted standard.

(c) For mobile homes that are not provided with manufacturer's instructions for stabilizing devices, their installation shall be provided with an anchoring and support system designed by a registered professional engineer or architect or shall be spaced and located as set forth in the requirements of the generally accepted standard.

(d) If an alternate method for stabilizing the mobile home with baling straps is used, such method shall conform to the requirements set forth in the generally accepted standard.

(15) The owner or operator shall be required to maintain the cleanliness of the facility.

F. These regulations shall apply to all mobile home courts or parks now in operation or established after the effective date of this chapter. However, only the following conditions of Subsection E of these regulations shall apply to a mobile home court in operation on or before December 31, 1987: Subsection E(3), (4), (5), (9), (11), (13), (14) and (15).

G. Expansion or enlargement of an existing mobile home court after the effective date of this chapter shall be made in accordance with these regulations.

§ 310-22 Performance standards in HB, CR, LC, OP, LIO and IB Districts.

No use shall be permitted in the HB, CR, LC, OP, LIO and IB Districts that does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained.

A. Noise. Noise shall not exceed an intensity, as measured 100 feet from the boundaries of the lot where such use is situated, of the average intensity, occurrence and duration of the noise of street traffic at adjoining streets.

B. Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot where such use is situated.

C. Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot where such use is situated.

D. Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private sewage disposal system, stream or on or into the ground, except in accordance with the Village of Woodbury Sewer Use Ordinance[1] and standards approved by the New York State Department of Health or a similarly empowered agency.

[1] Editor's Note: See Ch. 253, Part 2, Sewer Use.

E. Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. The burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws shall also apply.

F. Radioactivity or electromagnetic disturbance. No activity shall be permitted which emits dangerous radioactivity beyond the structure in which such activity is situated or which causes an electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

G. Hazardous materials. Any processing, manufacture, disposal, transportation, storage or dispensing of materials designated as hazardous by the United States Environmental Protection Agency under 40 CFR 116 shall be conducted only in strict conformity with applicable federal and state standards and regulations and in such manner as to cause no hazard to public health, safety or welfare and so as not to hinder the most appropriate use of land in the vicinity.

H. Industrial and office parks and commercial centers.

(1) Where industrial and office parks and commercial centers are permitted, the entire lot shall be planned and designed as a unit to provide maximum functional efficiency and aesthetic quality. In cases where detailed building plans are not available, design guidelines for siting, orientation, size and materials of buildings shall be noted on the plans submitted for approval. Certain facilities, such as roadways, parking areas, utilities, drainage, screening and other landscaping and employee recreation facilities, may be shared among the uses on the lot.

(2) In all cases, the uses may occupy leased premises or the premises may be owned as part of the condominium or cooperative or the premises may be subdivided and sold; however, there must be a central managing agency, acceptable to the Village Board, that is responsible for the improvement and maintenance of common facilities and for the general management of the development.

(3) In all cases, the development shall be subject to site plan review in accordance with procedures set forth in § 310-45. The Planning Board may waive standards for side yard setbacks within the development, provided that the minimum requirements are met along the perimeter of the lot. Any such waiver shall refer to standards that the Planning Board finds to be more appropriate for the specific site and the uses proposed and shall be subject to review by the Fire Marshal.

I. Design guidelines in the LIO District.

(1) Earth tones, muted hues of roof ballast and construction materials will be utilized throughout the site.

(2) Parking area will be screened from internal and off-site roads by use of berms, trees and other vegetation. Parking areas will be landscaped so as not to have expansive paved areas.

(3) No outdoor storage of materials, supplies or equipment or outdoor operation or processes will occur. Loading docks and approved refuse containers shall be screened from view.

(4) Height of any building or appurtenance thereto shall not exceed 35 feet above the finished building grade, unless the building is part of an approved TOD.

(5) All buildings are to use high quality construction materials and have architectural facades; all elevations that are visible from public view shall have the same characteristics.

(6) No exterior wall may be faced with untextured, painted, or unpainted concrete block. Exterior walls shall not be painted.

(7) There should be some architectural features that are maintained for all buildings to give an appearance of continuity.

(8) Windows shall not have highly reflective glass.

(9) Exterior lighting shall be limited to signs and security and safety lights of streets, parking lots, walks and building entrances. Lighting is to be shielded so not directly visible off-site, including from Route 6 and Route 17. No flashing, traveling, animated or intermittent lighting shall be visible from the exterior of any building.

(10) No corrugated building material will be utilized.

(11) All utility lines and connections and installation of wires to buildings shall be underground.

(12) All mechanical equipment either on a roof top or on the ground shall be screened from view to the greatest extent practicable.

§ 310-23 Automobile service stations and repair garages.

A. Strict compliance with state standards shall be required in the design and construction of devices for storing and handling gasoline and other products to keep the hazards of fire and explosion involving the same to a minimum.

B. There shall be no other repair garage or service station property within 300 feet of any part of the lot lines of the property.

C. There shall be safe and adequate sight distance in each direction along each highway on which the property has access, and the use of the property shall not otherwise create a traffic hazard.

D. Pumps and other devices, including all signs, shall be located at least 20 feet from any street line.

E. No repair work shall be performed out of doors.

F. All automobile parts, dismantled vehicles and similar articles shall be stored within a building.

G. The illuminated parts of and lettering which is customarily part of or affixed to gasoline pumps shall not be deemed signs.

H. No more than five wrecked, partially dismantled or unlicensed vehicles shall be kept on the premises, and all such vehicles shall be kept within a building or concealed behind a board fence at least six feet high which shall be erected and maintained in a manner approved by the Code Enforcement Officer.

I. No dead storage or parking of vehicles shall be permitted, except vehicles awaiting immediate service or repair or those vehicles impounded at the direction of the police.

J. All new gasoline stations shall be equipped with a fuel-fume recovery system.

K. A minimum ten-foot landscaped buffer shall be provided on side and rear yards; where said buffer adjoins a residential district, the requirements of § 310-18 shall apply.

§ 310-24 Outdoor display of merchandise.

There shall be no outdoor commercial display and storage of merchandise for sale, including used motor vehicles, except as an accessory use under special permit from the Planning Board. Such display is prohibited in R-3A, R-2A, R-1A, R-0.25A and CR Districts. The Board shall take into account the following:

A. The location and size of the proposed use.

B. The nature and intensity of the operations involved.

C. The size of the site in relation to the use and its location with respect to highways or streets giving access to the same.

D. Whether such use will discourage the appropriate development and use of adjacent land or buildings or impair the value thereof.

E. Whether there are any characteristics of such use that will be objectionable to occupants of nearby properties.

F. The electric lighting and advertising that will be involved in such use.

G. Any other pertinent information that may be necessary to determine if such proposed special use meets the requirements of this chapter and the public convenience, welfare and safety.

§ 310-25 Pools.

[Amended 6-13-2023 by L.L. No. 8-2023]

A. Private residential swimming pools. Swimming pools accessory to and not attached to one-family dwellings shall be located not closer than 20 feet to any side or rear lot line, except in an R-0.25A District, where such distance shall be at least 10 feet from a side lot line. Swimming pools shall only be permitted in a rear yard.

B. Swimming pool fencing. All outdoor swimming pools, public and private, except swimming pools owned and operated by the Village of Woodbury, 18 inches deep or more shall be completely enclosed with a wall or fence at least four feet high and not greater than six feet high, the bottom of which must be no more than three inches from the ground, equipped with a gate that has a lock which shall be locked at all times that the swimming pool is not in use. Aboveground swimming pools with at least 46 inches between the pool decking or pool top and the adjoining grade are exempt from this requirement, provided that access is restricted. Such a restriction may be a minimum four-foot-high fence with a gate that can be appropriately fastened or the removal of the ladder which gives access to the aboveground pool, when not in use. All such swimming pools must remain empty of water until the barrier has been completed and approved by the Code Enforcement Officer as meeting the foregoing requirements and as being sufficiently strong in construction to prevent any person from accidentally entering the pool enclosure.

C. Requirements for storable/portable swimming pools, wading or immersion pools and storable/portable spas and hot tubs ("portable pools").

(1) Portable pools shall require:

(a) A permit from the Building Department.

(b) Submission of a site plan showing the setbacks of the property and the proposed location of the pool. The pool shall be located in the same place each calendar year. If the location of the pool is moved, a new site plan must be submitted to the Building Department.

(c) An inspection by the Building Department once per season.

(2) Portable pools may only be located in the rear yard.

(3) Portable pools may only be installed and operated from May 1 to September 31 of each year. They must be removed no later than September 31 each year.

(4) The capacity of portable pools shall not exceed 3,000 gallons.

(5) All materials used in the construction of private swimming pools or wading pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning, and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.

(6) The installation of a portable pool shall include a pool alarm in compliance with the New York State Residential Code, as amended.

(7) Portable pools shall only use a cord and plug-connected pool filter pump specifically designed for use with portable pools.

(8) No temporary electrical connections shall be used in or about any portable pool. All electrical connections shall be of waterproof type and shall bear the Underwriters' Laboratory seal of approval and shall be effectively grounded. All permanent electrical connections must have independent third-party inspections performed by Village-approved inspectors.

(9) There shall be no physical connection between a public or private water supply system and a portable pool.

(10) No portable pool drain shall be connected to the sanitary sewer system. Chlorinated discharges to the storm sewer systems are not permitted.

(11) Every portable pool shall be enclosed by a durable wall, barrier or fence described in Subsection B, unless the portable pool is:

(a) Emptied when not in use or unattended; or

(b) Covered with a suitable, strong protective covering fastened or locked in place when not in use or unattended. (A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.)

(12) A barrier must be installed around pool equipment to the satisfaction of the Building Inspector.

(13) No portable pool shall be erected or placed nearer to a property line than would be allowed for a swimming pool.

§ 310-26 Conversion of seasonal dwellings to year-round use.

Individual summer dwelling units may be converted to year-round dwelling units by special permit from the Planning Board, provided that the dwelling unit is on a lot which meets the following standards:

A. The lot shall be located on a public road or a road suitably improved to the satisfaction of the Village Board.

B. The lot shall be served by the Village water system or other such water system approved by the New York State Department of Health and the New York State Public Service Commission for year-round use.

C. The lot shall be served by a central sewer system or an individual septic system approved by the New York State Department of Health for year-round use.

D. The residence on such lot shall comply in all respects with the requirements of the New York State Building Code for one-family dwellings.

E. The lot shall meet the development standards provided for a single-family dwelling permitted in the zone in which it is located, including density.

§ 310-27 Landscaping, screening and buffer regulations.

A. Purpose. The following standards are intended to enhance the appearance and natural beauty of the Village and to protect property values through preservation and planting of vegetation, screening and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive runoff of drainage water and the consequent depletion of the groundwater table and the pollution of water bodies.

B. General requirements. The following provisions shall apply to any use in all zoning districts:

(1) All lots shall be graded and seeded prior to issuance of a certificate of occupancy (CO).

(2) Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices, and they shall be maintained in a healthy growing condition. Any landscaping, trees and plants which are in a condition that does not fulfill the intent of these regulations shall be replaced by the property owner during the next planting season for the particular plant material.

(3) A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throughout the period of the use of the lot, subject to the following conditions:

(a) Any land that is or has been designated or required to be a screening area, buffer area or paved area pursuant to an approval by the Village Board, Planning Board or Zoning Board of Appeals of any grant of an application for a change of zone, variance, special permit or site plan approval or which is required by ordinance or local law must be maintained by the owner of the property or any of the owners, successors in interest or assignees.

(b) When it is determined by the Code Enforcement Officer that any land is not maintained pursuant to such grant of approval or ordinance, the Code Enforcement Officer shall notify the owner of record of such land, by registered mail, to the address shown on the last preceding assessment roll, to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening or paved areas pursuant to the plan or ordinance.

(c) In the event that the owner of record does not comply with the notice within 30 days of the date of said mailing, the Code Enforcement Officer may take the appropriate action commensurate with the methods of enforcement of this chapter.

(4) All landscaping, trees and planting material adjacent to parking areas, loading areas or driveways shall be protected by barriers, curbs or other means from damage by vehicles.

(5) To the extent practical and possible, existing trees, vegetation and unique site features, such as stone walls, shall be retained and protected. Existing healthy, mature trees, if properly located, shall be fully credited against the requirements of these regulations.

(6) Where lot size and shape or existing structures make it infeasible to comply with the requirements for a front landscaped area or landscaped parking area, the Planning Board may approve planters, plant boxes or pots containing trees, shrubs and/or flowers to comply with the intent of these regulations.

(7) In cases where the edge of the pavement within a public right-of-way does not coincide with the front lot line, the property owner shall landscape the area between the front lot line and the edge of the street pavement.

C. Front landscaped area.

(1) A front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs.

(2) As a minimum, in all districts, one shade tree having a minimum caliper of 2 1/2 inches shall be planted within the front landscaped area for each 40 feet or fraction thereof of lot frontage.

(3) In all districts, there shall be a landscaped strip in the front yard. In the HB Hamlet Business District, the strip shall be 10 feet deep; and in all other districts, it shall be 25 feet deep and contiguous to the front lot line of the property. There shall also be a landscaped area at least five feet wide abutting the front of the building in all nonresidential districts. The purpose of the landscaping is to enhance the appearance of the use on the lot but not necessarily to screen the use from view.

D. Landscaped parking area. In addition to the front landscaped area and buffer area requirements, parking areas shall comply with the following minimum standards:

(1) All uses that provide 20 or more off-street parking spaces shall have at least 10 square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one tree with a minimum two-and-one-half-inch caliper for every 10 parking spaces or fraction thereof.

(2) Each separate landscaped area shall contain a minimum of 100 square feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-and-one-half-inch caliper.

(3) A landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access.

§ 310-28 Retaining walls.

All retaining walls over four feet high shall require a building permit. All retaining walls over six feet high shall require Planning Board approval prior to the issuance of a building permit. Walls shall be a minimum of two feet, or a distance equal to half the height of the wall off the property line.

§ 310-29 Design criteria for CR and LC Districts.

A. Purpose. The purpose of the Corridor Residential District and the Limited Commercial District is to retain the existing residential and open character of areas and neighborhoods along major road corridors, such as large setbacks and significant architectural and historic styles. The Village Board hereby finds that it is necessary to develop and enforce specific design criteria for these districts to ensure the open and historic character of these corridors and as a means of preserving the older or architecturally significant structures while allowing limited nonresidential uses in existing residential structures or in sensitively designed new structures which maintain the existing character of this corridor. These districts will form the basis for creating a smooth transition in land uses and intensities of development along Route 32, particularly adjoining and between Central Valley and Highland Mills.

B. Design criteria requirements.

(1) In considering an application for a permitted or special permit use within the district, the Planning Board shall consider the visual and aesthetic relationships between neighboring properties, the architectural style of buildings, particularly where there are structures of historic or architectural significance within view of the site, the height, width and bulk of buildings and structures and their arrangement on the site, including setbacks, materials, window locations, entry points, rooflines, exterior colors and details, exterior lighting (including the number, height and design of the lighting fixtures and the amount of light), fences and walls, the landscaping and paving materials to be used on the site, etc., so as to assure that all new construction, all alterations of existing structures and all standards provided in this section will be accomplished in such a manner as to further the purpose of this chapter.

(2) The following standards shall apply:

(a) Existing structures (existing as of September 1989).

[1] In order to accommodate a nonresidential use, the building must front on a Village, town, county, or state highway; and to the maximum practical extent, vehicular access to a nonresidential use must be from a state highway.

[2] The maximum percent building area may be increased is an additional 10%, provided that the resulting development shall not exceed the maximum development coverage permitted in the zone.

[3] No residential use shall be located on a floor below a nonresidential use.

[4] Residential units shall have separate access from the nonresidential uses.

[5] Off-street parking shall be wholly provided in the rear and/or one side yard, behind the front building line, and shall be screened from the road and adjoining properties in accordance with Article VI, § 310-42C, as a minimum.

[6] There shall be no substantial alteration to the exterior of the building except with approval by the Planning Board acting as the Architectural Review Board. Alteration shall not substantially reduce the architectural value or character of a building unless necessary to meet building code or other compelling reason.

(b) New construction.

[1] New construction shall be permitted, provided that it has sensitively maintained the existing character of adjacent and surrounding historic and architecturally significant structures. This may be exhibited through architectural style and character, arrangement, texture, materials, details and ornamentation. Building facade materials shall be natural looking and should be a natural color; no metal siding, exposed concrete block or reflective or tinted glass shall be visible from any side of a building.

[2] No residential use shall be located on a floor below a nonresidential use.

[3] Residential units shall have separate access from the nonresidential uses.

[4] Setbacks for new buildings shall be equal to or exceed the average of the principal structures on either side of the property, but in no case shall such setback be less than required by applicable provisions of the Schedule of Zoning District Regulations for CR or LC Districts.[1]

[1] Editor's Note: The Schedule of Zoning District Regulations is included at the end of this chapter.

[5] Off-street parking shall be wholly provided in the rear and/or one side yard, behind the front building line, and shall be screened from adjoining properties in accordance with the provisions of Article VI, § 310-42C, as a minimum.

[6] All buildings and portions of buildings in a strip or shopping plaza will have a uniform architectural style. Every 75 feet of building façade will feature a recessed or protruding portion (or other means of architectural articulation as deemed acceptable by the Architectural Review Board) to reduce building mass.

[7] No flat roofs shall be permitted for buildings with less than two stories, and all roof top equipment shall be shielded from view.

§ 310-30 Signs; penalty.

A. Legislative purpose and intent.

(1) The Board of Trustees of the Village of Woodbury finds that signs are a necessary means of communication that can benefit and detract from the community and neighborhood character. The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty, provide a more enjoyable and pleasing community and promote greater consistency in signage. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents; reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; provide more visual open space and curb the deterioration of the community's appearance and attractiveness.

(2) This section is intended to promote attractive and functional signs which clearly present a visual message in a manner compatible with its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings. At no time should these provisions be interpreted to regulate any aspect of the content of any sign.

B. Definitions. For the purpose of this section, the following definitions shall apply:

ANIMATED SIGN

Any sign that uses action or motion of lighting to depict action or create a special effect or scene.

ARB

The Planning Board shall act as the Architectural Review Board

AWNING

A roof-like covering consisting of any pliable material attached to a rigid frame.

BANNER

Any sign of lightweight fabric or similar material that is permanently or temporarily mounted to a pole or a building by a semi-permanent frame, string or rope at one or more edges. National flags, state or municipal flags shall not be considered banners.

BEACON LIGHT

Any light with one or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.

BILLBOARD

Any freestanding commercial sign located on a plot or parcel other than that where the advertised business is conducted; also known as off-site or nonaccessory billboard.

CANOPY SIGN

Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

CHANGEABLE COPY SIGN/MESSAGE BOARD

Sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter.

CONSTRUCTION/HOME IMPROVEMENT SIGN

A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors and similar persons or firms having a role or interest.

ERECT

To build, construct, alter, repair, display, relocate, attach, hang, place, suspend or affix any sign, including the painting of exterior wall signs.

FREESTANDING SIGN

Any sign not affixed to a building and supported in a permanent manner to the ground including multitenant directory signs.

ILLUMINATED SIGN

Any sign which transmits light through, in or on the sign surface by means of exposed tubing, lamps on its surface or by any other means of illumination, or which reflects light from a source intentionally directed upon it.

LOCATION

Any lot, premises, building, structure, wall or any place whatsoever upon which a sign is located.

MARQUEE

Any permanent roof-like structure projecting over the entrance or outer-door of a building.

MARQUEE SIGN

A sign painted on, attached to, or consisting of interchangeable letters on any surface of a marquee.

MOBILE SIGN or PORTABLE SIGN

Any sign not designed or intended to be anchored to the ground, including but not limited to sandwich boards and A-frame signs.

MURAL

A design/sign applied to and made integral to a wall or surface, which shall include a painting, picture, advertisement or logo.

NEON SIGN

A sign created by glass or plastic tubing incorporating ionic or other discharge of gas shaped and utilized to form all or part of a message.

NONCONFORMING

Any sign that was lawfully erected and maintained prior to the effective date of this section and that does not comply with the requirements herein.

POLITICAL SIGN

A temporary outdoor sign, including stickers and posters, announcing or supporting the name of a candidate for national, state, or local election, including the name of a political party.

PROJECTING OR HANGING SIGN

Any sign other than a wall sign affixed to any building, structure or wall that is wholly or partly dependent upon such building, structure or wall for support whose leading edge extends beyond such building, structure or wall more than 12 inches or is constructed perpendicular to said building or wall.

REAL ESTATE SIGN ON PREMISES

Any sign which is used to offer for sale, lease or rent a property or a portion of the property upon which the sign is located.

REAL ESTATE SIGN OFF PREMISES

Any sign which is used to offer for sale, lease or rent a property or a portion of property in which the sign is located off premises

ROOF SIGN

Any sign in which all or any part extends above the wall of any building or structure where said wall does not extend above the roofline, or any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. In no event shall a sign permitted as defined by "wall sign" extend beyond the actual wall surface.

SIGN

Any display of lettering, numbering, logos, designs, colors, lights or illumination visible to the public from outside of a building, which either conveys a message to the public, or intends to advertise, direct, invite, announce or draw attention to, directly or indirectly, a use conducted, events, goods, products, services or facilities available, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

SIGN HEIGHT

The distance upward measured from the ground elevation to the top of the sign.

SNIPE SIGN

Any sign of any material whatsoever that is attached in any way to utility poles, trees, stakes or fences, or to other objects.

SUBDIVISION OR TRACT SIGN

Any freestanding sign placed at the entrance to a residential subdivision identifying the subdivision. Only one sign per entrance is permitted.

WALL SIGN

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign, projecting no more than 12 inches from such building or structure and with the face of the sign parallel to such wall. In no event shall a sign permitted as defined by "wall sign" extend beyond the actual wall surface.

WINDOW SIGN

A sign installed and/or painted on the interior or exterior surface of a window for purposes of viewing from the outside of the premises. This term does not include merchandise located in a window. The area of such signage shall be determined by calculations of total window surface.

C. Permits required.

(1) Except as provided herein, it shall be unlawful for any person to erect, move, alter, redesign, enlarge or reconstruct an existing sign by making a structural change or cause to be erected, moved, altered, redesigned, enlarged, relocated or reconstructed any sign, advertising display or structure, poster or device without first having obtained a permit from the Building Department. Any sign that is to be erected or placed on a building or site shall be required to secure a sign permit and be approved by the Code Enforcement Officer. If signs are proposed in connection with a site plan application, such signs shall be reviewed and approved by the Planning Board under the applicable criteria and shall not require a separate sign permit if constructed pursuant to an approved plan. The following two operations shall not be considered creating a new sign and therefore shall not require a new sign permit:

(a) Replacing copy: the changing of the advertising or message of an approved sign which is specifically designed for the use of temporary replaceable copy.

(b) Maintenance: painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change is made.

(2) Permit application.

(a) Application for a sign permit shall be made on a form provided by the Building Department, which application shall include:

[1] The name, address and telephone number of applicant.

[2] The location of the building, structure or land to which or upon which the sign is to be erected.

[3] A color photo of the building upon which the sign is to be erected or photo of area a freestanding sign is to be placed.

[4] The size of the sign, and details of its attachment and hanging or method of securing to the ground.

[5] The method of illumination, if any.

[6] The graphic design, including symbols, letters, materials and colors.

[7] The visual message, text, copy or content of the sign.

[8] Written consent or a copy of the contract made with the owner of the property upon which the sign is to be erected if the applicant is not the owner.

[9] Any other such information as the Building Department or reviewing board may require to ensure compliance with this section.

(b) The fees for such application are set forth in Chapter 143 of this Code.

(3) Permit procedure.

(a) Upon the filing of a completed application, the Code Enforcement Officer shall examine the plans, specifications and other data submitted, as well as the premises on which the sign is to be erected or exists. If the sign is in compliance with all the requirements contained in this chapter, the Code Enforcement Officer shall, within 15 days, issue a permit for the erection of the sign. (The issuance of a permit shall not excuse the applicant from conforming to the other laws and ordinances of the municipality.) If the erection of said sign authorized has not commenced within six months from the date of issuance, the permit shall become null and void, but may be renewed within 30 days prior to the expiration, for an additional six months, upon payment of half of the original fee.

(b) Appeal from permit decision. In accordance with New York Village Law § 7-712-a(4), an appeal may be taken by any person aggrieved by the Code Enforcement Officer's decision to approve or deny a permit, or by an officer department, board or bureau of the Village.

D. General sign regulations.

(1) Construction and design guidelines. The following design guidelines are provided to promote consistency and to standardize signs, while allowing them to remain attractive and functional. In addition, under the New York State Uniform Fire Prevention and Building Code, certain signs are considered structures and must comply with electrical standards, anchoring and wind load specifications.

(a) Signs should be designed to be compatible with their surroundings and should be appropriate to the architectural character of the buildings on or around which they are located.

(b) Sign panels and graphics should accentuate architectural features and details.

(c) Signs should be appropriate to the type of activity they represent.

(d) Layouts should be orderly.

(e) No more than two typefaces, exclusive of logos, should be used on any one sign. The number of colors used should be kept to a minimum, and should be chosen to create a harmonious appearance at a maximum of four colors on any one sign with the exception of a multitenant directory sign, which permits a maximum of three uniform colors. The Planning Board shall have the authority, but not the obligation, to modify the restrictions on the number of colors permitted on a sign if i) the proposed additional colors are not deemed by the Planning Board to be distracting to drivers, or ii) if the proposed additional colors include nondistracting shades of the same color.

[Amended 6-24-2021 by L.L. No. 8-2021]

(f) Illumination should be appropriate to the character of the sign and its surroundings.

(2) Sign height and dimensions.

(a) Freestanding signs. Individual freestanding signs shall not exceed 12 feet in height nor 10 feet in width, except in the IB and LIO districts, where a freestanding sign shall not exceed 25 feet in height or 20 feet in width. The bottom edge of a freestanding sign shall be at least seven feet above the ground elevation when located in an area where it would impede pedestrian mobility and/or impair visibility, as determined by the Code Enforcement Officer. Freestanding signs must be a minimum of 12 feet from the edge of street pavement. Only one freestanding sign shall be permitted on a lot, except as otherwise specified by this chapter.

(b) Projecting, marquee and canopy signs. The bottom edge of a projecting, marquee or canopy sign shall be at least 10 feet high in an area where it would impede pedestrian mobility and/or impair visibility, as determined by the Code Enforcement Officer. A marquee or canopy sign shall not extend beyond the ends of the marquee or canopy. Projecting or hanging signs shall not extend further than eight feet from the face of building and in no case shall such sign be closer than three feet from the edge of the pavement.

(c) Sign area.

[1] The area of a sign shall be computed from the geometric area of the actual sign configuration, be it square, rectangle, circle, oval or other polygon shape. The area shall be measured from the outer dimensions of the frame, trim or molding by which the sign is enclosed where they exist, or from the outer edge of the signboard where they do not exist.

[2] Back-to-back or two-sided signs under 18 inches in width having identical messages on each side of the sign shall be calculated by the computation of the area on one side under the appropriate geometric formula provided in this section and such sign shall be considered one sign.

[3] Where a sign consists of individual letters, symbols or characters, its area shall be computed as the area of the smallest rectangle which encloses all of the letters, symbols and characters.

[4] The area of supporting framework, if any, such as brackets or posts, shall not be included in the area if such framework is incidental in the display.

(d) Properties shall not be permitted more than two of the following types of signage, as listed on the signage table: wall, projecting, freestanding, multitenant, canopy, and outside marquee.

(3) Illumination.

(a) The area, brilliance, character, color, degree, density, intensity, location and type of illumination shall be the minimum necessary for the intended purpose of such illumination, consistent with the legislative purpose and intent of this chapter.

(b) All sources of illumination shall be shielded or directed in such a manner that the direct rays are not cast upon any property other than the lot on which such illumination is situated.

(c) Illumination shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity.

(d) The period of time of illumination shall be the minimum necessary for the intended purpose of such illumination, consistent with the legislative purpose and intent of this law. Illuminated signs must be turned off and extinguished at or before 12:00 midnight of each day, except that such signs as are maintained in connection with a business which is normally open past 12:00 midnight may continue to be illuminated or lighted until closing time, provided that the lighting intensity is reduced by 50% after 12:00 midnight and that such sign is extinguished at closing time. All illuminated signs extinguished as above provided shall remain extinguished until the next regular posted opening hour of the business in connection with which such sign is maintained.

(e) Signs shall be illuminated externally or internally with white light.

(f) Subject to Architectural Review Board approval, neon signs may be permitted along the Rt. 32 corridor within the HB zone, but only for internal window signs at commercial establishments.

(g) No illumination shall be located so as to be confused with traffic control signs, either by color, shape or proximity.

E. Exempt signs. The following signs do not require permits; however, the sponsoring agency shall be guided by the requirements of this Code:

(1) Signs of or required by duly constituted governmental bodies, including traffic or similar regulatory devices and legal notices, provided that they comply with New York Manual of Uniform Traffic Control Devices.

(2) Flags or emblems of civic, philanthropic or educational nature, except when displayed in connection with commercial promotion.

(3) Memorial plaques, cornerstones, and historical tablets erected by public or quasi-public agencies or organizations.

(4) Signs not visible from outside of the parcel or property upon which they are situated.

(5) Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of 30 square inches in the surface area.

(6) Address signs. No more than one address sign shall be permitted for each street frontage. No address sign shall exceed two square feet in surface area. Address signs shall show only the numerical/alphabetical address designations (in numbers or script) of the premises upon which they are situated, except that residential address signs may include the name of the family resident therein.

(7) Cautionary signs, which are less than a one-foot square in size, including but not limited to "danger" or "no trespassing."

(8) Private signs of a noncommercial nature which are in the public interest, including directional, regulatory, warning or informational signs, including but not limited to "exit," "entrance," "parking" or "one-way." Such signs shall not exceed three square feet each.

(9) Political campaign signs.

(10) Pricing of fuel or petroleum products placed on dispensing pumps.

(11) Construction and home improvement signs, as defined in § 310-30B.

(12) Window signs.

(13) Grand opening banner for new business for a maximum of 30 days.

(14) Real estate signs.

(15) Mobile signs.

F. Real estate signs.

(1) Only one sign advertising the sale or rental of the premises may be displayed per road frontage. Such sign shall be no greater than the sign area permitted by signage table. Freestanding signs shall be setback a minimum of five feet from the edge of the pavement and at no time shall such signs impair the vision at an intersection or driveway or impede sidewalk use.

(2) On-premises, one "open house" sign on private property for sale or lease. "Open house" signs advertising the sale or rental of the premises shall only be displayed between the hours of 10:00 a.m. and 6:00 p.m. on each day that there is an open house. Said signs shall be no greater than four square feet, and shall be located at least five feet from the edge of pavement and at no time shall such signs impair the vision at an intersection or driveway or impede sidewalk use. Said signs must be removed at the end of each day they are displayed.

(3) Off-premises "Open house" signs. A maximum of six signs on property other than the property for sale or lease providing direction to or advertising of the open house. Such signs shall be displayed only between the hours of 10:00 a.m. to 6:00 p.m. on each day that there is an open house. Said signs shall be no greater than four square feet and at no time shall such signs impair the vision at an intersection or driveway or impede sidewalk use. If it is determined that said signs impair vision for motorists or impede sidewalk use, such sign may be removed by an official government agency (Police Department, Highway Department, Building Department). Said signs must be removed at the end of each day they are displayed.

(4) There shall be no balloons, pennants, ribbons, spinners or other similar moving, fluttering or revolving devices affixed to such signs.

G. Prohibited signs.

(1) Billboards, including those billboard-type signs affixed to a motor vehicle, are prohibited in all districts, with the exception of those regulated by the New York State Department of Transportation and the New York State Thruway Authority under New York Highway Law § 88.

(2) Flashing signs and revolving or beacon lights, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, are prohibited.

(3) Signs which compete for attention with or may be mistaken for a traffic signal are prohibited. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers, interfere with, mislead or confuse traffic or be located where, by reason of its position, shape or color, such sign may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

(4) Roof signs are prohibited.

(5) Signs with visible moving, revolving or rotating parts, including balloons, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices are prohibited.

(6) No signs other than those placed by agencies of the government shall be erected on any public property, unless consent is first obtained from the Village Board.

(7) Snipe signs, except those which have been permitted by § 176-3E of the Town Code.

(8) Hand-held or carried mobile advertising signs except in accordance with a court ordered bankruptcy or liquidation.

H. Sign maintenance.

(1) The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in a neat and orderly condition, in good working order at all times, and in such manner to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign.

(2) Unsafe signs or unsightly, damaged, or deteriorated signs, or signs in danger of falling, shall be put in order or removed upon written notice by the Code Enforcement Officer. Immediate compliance is expected for the repair or removal of unsafe signs. If compliance is not achieved within the time period specified in such notice, the sign shall be repaired or removed by the Village and the costs shall become a lien upon the premises and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement.

(3) Signs shall maintain all clearances from electrical conductors in accordance with the National Electrical Code and from all communications equipment or lines located within the Village of Woodbury. Signs and their supporting structures shall maintain appropriate clearance and must not interfere with any surface or underground facilities and conduits for water, sewage, gas, electricity or communications equipment or lines. Furthermore, placement of signs shall not interfere with natural or artificial drainage or surface or underground water.

I. Abandoned signs.

(1) Except as provided in this chapter, any sign that is located on property or a place of business which becomes vacant and is unoccupied for a period of 30 days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the premises.

(2) Upon notification by the Building Department to the property owner upon whose property said abandoned sign exists, said owner shall have 30 days to remove the abandoned sign. Upon failure to remove the sign within this time period, the Village may remove the sign. The cost of such removal shall be paid by the Village, and such amount shall become a lien upon the premises and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement.

J. Existing signs and nonconforming signs.

(1) All signs not in compliance with any provision of this chapter upon its effective date shall be deemed nonconforming.

(2) A nonconforming sign shall be removed or brought into conformity with the requirements of this chapter upon a change in the type of use.

(3) A nonconforming sign related to an existing use shall be removed or made conforming prior to the issuance of a subsequent sign permit for such use.

(4) The relettering, repair, painting or decorating of such signs shall be permitted, but any such sign once removed for purposes other than relettering, repairing, painting or decorating shall be deemed permanently removed and may be replaced only in accordance with the provisions of this section, subject to those regulated by the New York State Department of Transportation and the New York State Thruway Authority under New York State Highway Law § 88.

(5) Upon a multitenant property where approved sign criteria has been established, a sign may be replaced provided that size and colors comply with the previously approved criteria.

K. Signage Table. (See table at the end of this chapter.)[1]

[1] Editor's Note: The Signage Table is included at the end of this chapter.

L. Code Enforcement Officer.

(1) The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, who shall have the power to make necessary inspections.

(2) No sign permit shall be approved by the Code Enforcement Officer except in compliance with the provisions of this chapter.

M. Appeals.

(1) In accordance with New York State Village Law § 7-712-a, any order, requirement, decision, interpretation, or determination of the Code Enforcement Officer may be appealed to the Zoning Board of Appeals by any person aggrieved, or by an officer, department, board or bureau of the Village.

(2) Upon an appeal, the Zoning Board of Appeals may grant a variance from the terms of this chapter, following the procedure set forth in § 310-49.

(3) Any person aggrieved by a decision of the Zoning Board of Appeals may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law.

N. Penalties for offenses.

(1) In the event of a breach of any of the provisions of this chapter, the Code Enforcement Officer shall notify the owner of the premises in writing to remove, repair, or bring the sign into conformance, within 30 days of the date of such notice. Upon failure to comply with any notice within the prescribed time, the Code Enforcement Officer shall remove or cause removal, repair, or conformance of a sign, and all costs and expenses shall become a lien upon the premises upon which the sign is or was located and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement.

(2) Any person, firm, or corporation, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply with any order or regulation made hereunder, or who erects, moves, or alters any sign in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be guilty of a violation as the same is defined in the Penal Law and shall be fined $250 minimum for each violation. Each day that such violation is permitted to exist shall constitute a separate violation. If any sign is erected, altered, or moved in violation of the provisions of this chapter, proper officials may, in addition to other remedies, take the appropriate actions to prevent such unlawful operation.

(3) All costs and expenses incurred by the Village of Woodbury in causing the removal or repair of any sign as specified in this section and the enforcement of this chapter, including but not limited to attorneys' fees, shall be collected from the owner of the premises on which such sign is located. Payment shall be made in not less than five days after the receipt of a written demand. Upon failure to make such payment, such costs and expenses shall be assessed against said owner and shall be paid and collected as part of the Village and county tax next due and payable. In addition, the Village may commence any other action or proceeding to collect such costs and expenses.

§ 310-31 Cluster development.

The Village Board may authorize the Planning Board to approve cluster developments on a case-by-case basis in all residential districts in accordance with § 7-738 of the Village Law and according to the procedures and requirements specified below. The Village Board may also authorize the Planning Board to mandate the owner of a property to submit an application for cluster developments on such property. The Village Board may, in its discretion, place whatever reasonable conditions upon a project that it deems necessary.

A. Purpose. The purpose of such cluster developments is to provide flexibility and innovation in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open space. Specifically, the application of the cluster technique is intended to achieve:

(1) Maximum reasonable conservation of land, creation of usable open space and recreation areas and preservation of scenic qualities of open space.

(2) Preservation of trees, wetlands, ridgelines and other outstanding natural features, prevention of soil erosion and protection of groundwater supply.

(3) A shorter network of streets and utilities and more efficient use of energy than would be possible through strict application of standard zoning.

B. Applicability. The proposed cluster site must be a minimum of 15 acres.

C. Type and number of residences permitted.

(1) The types of residential units that may be permitted by the Planning Board in a cluster development are single-family detached structures.

(2) The maximum number of residences that may be approved in cluster developments shall be determined by submission of a standard subdivision plat demonstrating compliance with all requirements of this chapter and Chapter 272, Part 2, Subdivision Regulations, of the Village of Woodbury Code for the zone in which the property lies.

(3) The minimum lot size for building lots shall be 43,560 square feet, except that the Village Board may authorize the Planning Board to reduce the minimum if, in its judgment, said reduction will improve the design and layout of the subdivision. Said reduction shall not exceed 10,000 square feet per lot and may not exceed 25% of the lots in the proposed subdivision. All lots in a cluster development shall meet the setback and yard requirements of the R-1A Zoning District.

D. Required subdivision approval. Nothing contained in this section shall relieve the owner, his agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with the Planning Board's Subdivision Regulations. In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas, provided that the common land dedicated meets all other requirements of the Village's Subdivision Regulations.

E. Procedures.

(1) Upon submission of an application to the Planning Board for approval of a major subdivision, if the Planning Board determines during sketch plan review that clustering may be appropriate for the particular site, a request shall be made to the Village Board for authorization under § 7-738 of the Village Law to permit clustering.

(2) Upon such request, the Village Board shall consider whether to authorize clustering for the specific property based upon a review of the site's physical characteristics, including vegetation, topography, surface water and scenic qualities, as well as surrounding uses, access and availability of water and/or sewer facilities.

(3) The Village Board shall meet with the Planning Board and the applicant to review the sketch plan for the site and shall determine within 45 days of the Planning Board's request whether to authorize clustering and so notify the Planning Board. Such authorization to the Planning Board shall include any specific conditions established by the Village Board.

(4) Where it deems appropriate, the Village Board may require the Planning Board to consider only a cluster development for a particular parcel, in which case the Village Board shall identify such parcel and inform the Planning Board of its determination.

(5) In addition to approving a subdivision in accordance with Chapter 272, Part 2, of the Village Code, the Planning Board shall approve a site plan for the location of each house in accordance with site plan approval requirements (Article VIII of this chapter) of the Village Code. Subdivision and site plan review may proceed simultaneously.

F. Common areas.

(1) Common areas consisting of forever-green open space land, recreation facilities, parking areas, access drives, drainage and utility areas or structures created as part of the cluster development and not dedicated in fee simple to the Village of Woodbury shall be in one of the following forms of ownership:

(a) Condominium or cooperative approved by the Village Board and State Attorney General's office.

(b) A homeowners' association approved by the Village Board.

(c) Any other arrangement approved by the Village Board as satisfying the intent of this section.

(2) Whenever a homeowners' association is proposed, the Village Board shall retain the right to review and approve the articles of incorporation and charter of said homeowners' association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this section are carried out. In consideration of said approval, the Village Board shall, in part, require the cluster development to meet the following conditions:

(a) The homeowners' association shall be established as an incorporated, not-for-profit corporation operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member and each lot is automatically subject to a charge for a proportional share of the expenses for the corporation's costs.

(b) Title to all common property shall be placed in the homeowners' association or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time.

(c) Each lot owner(s) shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

(d) Once established, all responsibility for operation and maintenance of the common land and facilities approved at the time of final site plan or subdivision approval shall lie with the homeowners' association. Under no circumstances shall said association approve any alteration or use or construction of structures in the common areas except in accordance with the site plan or subdivision approved by the Planning Board.

(e) Dedication of all common areas shall be recorded on the subdivision plat or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such area is prohibited. The dedication shall:

[1] Reserve the title of the common property for the homeowners' association free of any cloud of implied public dedication.

[2] Commit the developer to convey the areas to the homeowners' association at an approved time.

[3] Grant easements of enjoyment over the area to the lot owners.

[4] Give to the homeowners' association the right to borrow for improvements upon the security of the common areas.

[5] Give to the homeowners' association the right to suspend membership rights for nonpayment of assessments or infraction of published rules.

G. Improvements. No structure or building shall be constructed nor a stream or water body altered nor other major physical or topographical alterations made to common areas, including forever-green areas, except with consent of the Planning Board. No such consent shall be given unless it appears that the proposal to so develop the forever-green open space is consistent with the concept of keeping the open space in its natural state and is agreed upon by a majority of the directors of the homeowners' association, who have made their decision after holding a meeting of the membership of the homeowners' association called for such purpose after giving written notice thereof to each member.

H. Deed provisions. Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, restrictions, easements, charges and liens, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.

I. Homeowners' association. The homeowners' association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowners' fee, provide for assessments and establish that all such charges become a lien on each property in favor of said association. The homeowners' association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.

J. Dedication of common areas. The developer shall convey the common areas to the homeowners' association required to be established pursuant to the Rules and Regulations of the New York Attorney General for Homeowners' Associations.

K. Performance bond. Prior to site plan approval, the developer shall file with the Village Board a performance bond to ensure the proper installation of all utilities, drainage, road recreation and park improvements shown on the site plan and a maintenance bond to ensure the proper maintenance of all common lands until the homeowners' association assumes responsibility. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Village Board.

L. Compliance with Open Space Administration Local Law. Prior to final approval of any cluster development, the developer shall be required to comply with Chapter 215 of the Code of the Village of Woodbury, entitled "Open Space Administration," including the formation of a park district, offers of dedication of open space, title insurance and anything necessary to implement the open space program.

§ 310-31.1 Conservation Cluster Development Overlay District.

A. Introduction and creation of overlay district.

(1) This section is enacted under the authority of §§ 7-703 and 7-738 of the Village Law and § 10 of the Municipal Home Rule Law. There is hereby established a Conservation Cluster Development Overlay Zoning District, which shall be coterminous with the boundaries of the R-1A, R-2A, and R-3A Residence Districts. Within such overlay zone, the Village Board may authorize a conservation cluster development according to the procedures and requirements specified below. The Village Board, if it determines in its legislative discretion to designate a particular site for a conservation cluster development, may, in its discretion, place whatever reasonable conditions upon a project that it deems necessary.

(2) Only lands meeting the eligibility criteria in Subsection C below may be considered for designation for conservation cluster development. However, compliance with the eligibility requirements in no way compels the Village Board to make such designation. A designation for conservation cluster development is a determination within the legislative discretion of the Village Board. The Village Board shall have the right to reject any application for conservation cluster development at any time prior to making its final designation of a site.

B. Purpose. The primary purpose of the Conservation Cluster Development Overlay District is to provide a mechanism and incentive, pursuant to the authority of Village Law § 7-703, for development of cluster subdivisions or developments which permanently preserve larger tracts of open space than conventional cluster subdivisions or developments, and place ownership and control of such open space with the Village or its designated public entity or conservation land trust organization, which the Village Board determines will implement the Village's open space and natural resource policies by establishing or contributing to any one or more of the purposes set forth below, which are hereby found to be important community benefits and amenities:

(1) To implement one or more of the Village open space and natural resource policies.

(2) To secure permanent preservation of critical mass(es) of open space which the Village Board determines to be in the Village's interests to preserve.

(3) To preserve important stream corridors, wetlands, water bodies, recharge areas, wellhead protection areas, ridgelines, slopes, or scenic vistas that contribute to the Village's open space and natural resource system.

(4) To provide internal open space and buffers within and around residential neighborhoods, as well as greenbelts and essential links between open space areas.

(5) To enhance the mix of housing opportunities, particularly for "active adults" (age 55 plus); first-time homebuyers and young professionals and pursuant to recommendations of the County Planning Department to encourage inclusion of senior citizen housing.

(6) To reduce sprawl and implement the quality community and smart growth objectives.

(7) To minimize impacts on the land by reducing the amount of clearing and regrading required for a conventional plat.

(8) To protect important environmental, historic, or prehistoric resources.

(9) To increase opportunities for passive recreation and enjoyment of natural settings.

(10) To otherwise fulfill the purposes of cluster development as otherwise set forth in § 310-31 while also permanently preserving larger tracts of open space than conventional cluster subdivisions or development.

C. Applicability and eligibility requirements.

(1) To be eligible for designation as a conservation cluster development, a site must meet the following minimum requirements:

(a) The proposed conservation cluster development site must be a minimum of 125 contiguous acres. For purposes of this requirement, land may be considered contiguous land even if it may be separated by a road, provided it is in common ownership or control. Land which, in the Village Board's judgment, contains substantial existing development which would impair the ability to preserve significant critical mass(es) of open space shall not be considered to comply with this eligibility requirement.

(b) A conservation cluster development must be served by a central water and sewer system approved by the Village Board.

(c) A conservation cluster development must preserve at least 20% of the total gross land area of the conservation cluster development as open space as defined in Subsection G(1) below, and is encouraged to provide more than that as provided in Subsection D(2) below.

(d) Cluster development that does not meet the eligibility requirement set forth in Subsection C(1)(a), (b) and (c) may be permitted on a site of 15 acres or more in accordance with § 310-31 (standard cluster development).

(2) Compliance with the eligibility requirements in no way compels the Village Board to designate the site for conservation cluster development.

D. Type and number of residences permitted; lot sizes.

(1) The types of residential units that may be permitted in a conservation cluster development are single-family detached dwellings. Property presently in the R-1A, R-2A or R-3A Zoning District, which is hereafter designated for senior housing development (SH), may also be included, if approved by the Village Board, in a conservation cluster development. Portions of a conservation cluster development designated for senior citizen housing may include single-family detached or semidetached dwellings. A semidetached dwelling is one which has a common wall, floor or ceiling with only one other unit.

(2) The maximum number of residential lots and residences that may be approved by the Planning Board in a conservation cluster development shall be determined by the following calculation:

(a) From the total project area included in the application, deduct the following areas of wetlands and steep slopes to get the net developable area (Note: Deductions for wetland and steep slopes should not be applied twice to the same acreage. If an area is deducted for one physical factor, it should not be deducted again for the other physical factor.):

	Percent of Total Project Area to be Open Space as per Subsection G-1 Herein	Percent of Wetlands to be Deducted from Total Project Area	Areas with Steep Slopes to be Deducted from Total Project Area
	20% or more	80%	All slopes over 25% grade
	25% or more	70%	All slopes over 30% grade
	30% or more	50%	All slopes over 35% grade
	35% or more	30%	All slopes over 40% grade
	40% or more	10%	All slopes over 45% grade

(b) From the net developable area as calculated in Subsection D(2)(a) above, deduct the following percentage of the area to be developed [net of the protected open space in Subsection G(1) to account for roads, drainage features and utilities]: 7.5% in R-2A and R-3A; and 10% in R-1A and SH.

(c) The net acreage remaining after the deductions in Subsection D(2)(a) and (b) above shall be divided by the minimum lot size permitted for one-family dwellings in the appropriate zoning district, i.e., three acres in R-3A, two acres in R-2A, and 30,000 square feet in R-1A (assumes central water and sewer). This calculation shall determine the permitted number of dwelling units in the entire conservation cluster development, including any portion of the project devoted to senior housing. No increase in permitted number of units above that provided in this section shall be allowed for senior housing units. Lot size for all housing units, including senior units, shall be as set forth in Subsection D(4) below. Section 310-36 shall determine permissible lot size, but not overall density.

(d) Any existing dwelling on the proposed conservation cluster development site that is proposed to remain shall be counted as part of the total permitted unit count.

(3) In a conservation cluster development, the above calculation is to be applied in lieu of a standard yield layout.

(4) Lot sizes and bulk guidelines. This section does not include specific bulk requirements. The Conservation Cluster Development Overlay District is intended to be flexible in order to create conservation cluster developments that are responsive to the purpose of this section and reflect the characteristics of the land. Once the yield calculation is determined by the Village Board, in order to facilitate the preservation of open space, the conservation cluster permits lot sizes smaller than the underlying zoning. In reviewing plans for conservation cluster development the Planning Board shall be guided by the bulk requirements of the zoning district below the designated district in which the property lies except for minimum lot size, i.e., property in R-3A will use bulk requirements of R-2A; R-2A will use bulk requirements of R-1A; R-1A will use requirements of R-0.25. The distance between buildings, including lot frontage, shall follow generally accepted planning practice and contemporary neighborhood design. In order to minimize site disturbance and fit development into the terrain in conservation cluster developments, building height shall be measured from the average grade at building foundation.

(a) Minimum lot sizes in a conservation cluster shall be one acre (43,560 square feet) in R-3A; 30,000 square feet in R-2A; and 15,000 square feet in R-1A. If a portion of the conservation cluster is designated for senior housing under the SH Zoning District, minimum lots sizes for such senior housing shall be as established in § 310-36.

(b) Maximum size of structures shall be established by the Planning Board acting as the Architectural Review Board during site plan review. Said building size limits are intended to assure that the scale of residential structures is in proportion to the size of the lots.

(c) In order to minimize site disturbance and to fit development into the terrain, the Planning Board may vary minimum Village street specifications on private streets and driveways with regard to right-of-way, cul-de-sac length, sidewalk, pavement width, driveway grade and/or curb design, provided that the Planning Board finds street and driveway design is acceptable and streets can be properly maintained, after seeking advice from the Highway Superintendent and the Emergency Services Organizations (ESO). However, in varying said specifications, there shall be no shared driveways.

(d) Further, the Village Board may adopt design guidelines as part of the conditions of authorizing the Planning Board to proceed with its subdivision, site plan, and any special permit reviews, as set forth in Subsection E(5) below.

E. Procedures for designation of conservation cluster development sites.

(1) Application. The applicant shall apply directly to the Village Board under this section, setting forth the manner in which the proposal meets the purposes of this section, and setting forth the specific benefits to the Village proposed.

(2) Evaluation by the Village Board. In making its determination on whether to authorize the conservation cluster development, the Village Board shall give consideration to the criteria outlined in the introduction to § 310-31.1A and B above. The Village Board shall evaluate the request in the same manner as any legislative amendment of the Zoning Map, giving consideration to the provisions of this section, the Village Comprehensive Plan, the Village's open space policies, present and anticipated open space and infrastructure needs, and any other relevant policy considerations. The Village Board shall refer the application to the Village Planning Board, the County Planning Department, and the Village's consultants for review and recommendation. A public hearing shall be held on the proposed designation of any site for conservation cluster development, upon public notice of at least five days in the official newspaper of the Village. The applicant shall submit a site-specific SEQR analysis of all potential impacts of the proposed development project, including, without limitation, impacts on transportation, water supply, waste disposal, fire protection, affordable housing, public facilities, resources and environmental quality, and compatibility with the area. The Village Board shall conclude the SEQR process prior to any final approval to designate a conservation cluster development site.

(3) Decision. After considering the above factors, and any other relevant material, the Village Board shall determine whether the designation of the proposed site for a conservation cluster development is in the interests of the Village, and may approve an application which it determines to be in the interests of the Village. This decision shall be deemed an action within the Board's legislative discretion.

(4) Matters addressed in Village Board designation. Upon designation of a site for conservation cluster development, the Village Board shall:

(a) Cause the Village Zoning Map to be amended to show the designation of the site for conservation cluster development.

(b) Confirm the calculation of maximum permitted dwelling units as provided in Subsection D(2) herein.

(c) Specify the open space it determines to meet the standards of Subsection G(1), the proposed use and ownership thereof, whether by the Village or other designated public entity or conservation or land trust organization, and any proposed conditions on use of such property. The Village Board may authorize the Planning Board to adjust the boundaries of the open space during its subdivision review and, if so, shall specify the extent of the Planning Board's authority and any modifications which would require the Village Board's consent.

(d) Specify the water or sewer infrastructure improvements to be made for the benefit of the Village, including any conditions on time of completion, ownership, phasing, or similar factors, and specify any facilities to be located within the designated open space, provisions for future maintenance, and any conditions relating thereto.

(e) Specify any further conditions that it deems appropriate relating to mitigating identified impacts disclosed in the SEQR process, minimizing impacts of the project on surrounding properties, or otherwise relating to the proposed project design, features, or operations.

(5) Planning Board authority after Village Board designation. In addition to reviewing a subdivision plat in accordance with Chapter 272, Part 2, of the Village Code, the Planning Board shall review a site plan for the location of each house in accordance with site plan approval requirements (Article VIII of this chapter) of the Village Code, and any special permits for senior housing, together with any other approvals required. Subdivision, special permit, and site plan review may proceed simultaneously.

F. Common areas. All provisions regarding common areas and homeowners' association and open space other than that defined in Subsection G(1) shall be the same as § 310-31, except as otherwise specified below.

(1) The conservation cluster shall provide for a means of maintenance that is financed by the homeowners, in a manner other than tax revenue. Said instrument shall be approved by the Village Board.

(2) Improvements. No structure or building may be constructed nor a stream or water body altered nor other major physical or topographical alterations made to common areas, including undisturbed forever-green areas, except with written consent of both the Planning Board and the body charged with maintaining common areas. No such written consent shall be given with regard to forever-green area unless it appears that the proposal to alter the forever-green open space is limited to clearance of dead or fallen trees, consistent with the concept of keeping the open space in its natural state, will not create a runoff or erosion and sediment control problem and will not otherwise create a safety or health problem and will not otherwise impact the aesthetic value of the forever-green space.

(3) Dedication of common areas. The developer shall convey the common areas, other than those dedicated to the Village or other qualified body or agency as defined in Subsection G(1), to the homeowners' association required to be established pursuant to the rules and regulations of the New York Attorney General for Homeowners' Associations or other body charged with maintaining common areas.

G. Open space.

(1) Areas identified as part of or consistent with the goals of the Village's open space and natural resource policies and included to qualify for consideration under the dwelling unit calculation [Subsection D(2) herein] shall be dedicated, gifted or donated to the Village or other public entity or to recognized conservation or land trust organizations acceptable to the Village Board and qualified under Internal Revenue Service guidelines, together with conservation easements requiring that such lands shall remain forever green and undeveloped in perpetuity, except the Village Board in its sole discretion may authorize limited use of such land consistent with its environmentally sensitive features, unstable steep or delicate qualities. Such use of lands may include walking trails, birdwatching, fishing, and similar pedestrian activities, but in no case involving use of motorcycles, ATVs, or other motorized vehicles, and, in designated areas only in such locations as the Village Board may, without obligation, deem it appropriate, placement of project-related or public infrastructure improvements (utilities, water tanks, and the like), subject to proper screening and landscaping. Any authorization of use of any open space areas shall be limited under conditions the Village Board deems appropriate. In no case shall the Village Board approve paved surfaces within these open space areas. The Village Board shall also have authority to limit access and use, or prohibit access and use, to all or any portion of such open space areas, or to limit the days or hours of any permitted access and use, after considering all of the circumstances and the characteristics of the land. Said gifts or offers of dedication shall be filed with the Village in a form acceptable to the Village Attorney, prior to final plat being signed by the Planning Board Chairperson. Conservation easements meeting the standards of the New York State Environmental Conservation Law shall also be applied to said lands. All dedicated lands and conservation easements shall be irrevocable and applicable to all said land. The applicant for a conservation cluster development shall not be required to additionally comply with the Village's Open Space Administration Local Law (Chapter 215 of the Village Code) for the lands.

(2) In addition to the lands defined above, the conservation cluster development may contain additional open space or common areas to be owned by a homeowners' association or other entity approved by the Village, which shall be subject to Chapter 215 of the Village Code [see Subsection F(3) above].

H. Deed provisions. Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, restrictions, easements, charges and liens, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.

I. Performance bond. Before the commencement of any site work or issuance of any building permits for all or any phase of a development, the developer shall file with the Village Board a performance bond to ensure the proper installation of all utilities, drainage, road, recreation and park improvements shown on the site plan or subdivision. A maintenance bond to ensure the proper maintenance of all common lands until the appropriate body (homeowners' association, condominium or cooperative) assumes responsibility shall be filed with the Village. The amount and period of said bonds shall be determined in accordance with existing local law (Chapter 92).

§ 310-31.2 Workforce Housing Overlay District.

A. Purpose and intent. The Workforce Housing Affordability Overlay (WFH) is hereby established to foster the development of affordable housing in the Village of Woodbury. This act will provide the Village of Woodbury with additional zoning tools to achieve these goals. The WFH enables the Village to evaluate and delineate sites and control the impacts that such a development may have on the surrounding community. Furthermore, the WFH is intended to discourage urban sprawl while encouraging innovative, traditional neighborhood developments which will promote the public health, safety, and welfare of the community while preserving and/or enhancing property values within existing residential areas and preserving the unique character of the Village. The WFH applies to projects that enable the creation of affordable dwelling units through either new construction and/or rehabilitation in areas with available public water and sewer, generally within 1/4 mile of public transportation, shops, and services.

B. General provisions.

(1) Upon acceptance of an application by the Village Board to designate such a district, the WFH overlay shall represent a new zone applied to the existing zoning map according to the amendment procedures set forth herein. The WFH may be applied to R-0.25A, LC, HB and Transit Village zoning districts in the Village of Woodbury provided all other criteria are satisfied. In the Transit Village district, the WFH overlay shall only be applied consistent with an overall development plan as described in § 310-31.3 of this code. Once applied to a site, the underlying use provisions shall no longer apply during the affordability period, but shall be governed by the Village Board's WFH determination.

(2) The Village Board of Trustees may attach such conditions upon the designation of a WFH as it may deem appropriate or as may be required as a result of environmental review.

(3) Developments under this zone must substantially conform to Orange County's Comprehensive Plan and the Village of Woodbury Comprehensive Plan.

C. Site standards.

(1) Parcel characteristics. This zone may only be applied to parcels with the following characteristics:

(a) Minimum of one acre in the R-0.25A or HB District and a minimum of 1.5 acres in the LC District.

(b) Direct access to a state, county, town or Village road (frontage or driveway).

(c) Central water and sewer must serve the development.

(2) Principal uses. The following principal uses are permitted by special permit of the Planning Board.

(a) Single- and two-family dwellings.

(b) Multifamily dwelling units of three or more units, provided that such dwelling units are arranged as individual dwelling units for the occupancy of individual households.

(3) Accessory uses.

(a) Within the WFH development, certain related accessory facilities may be permitted, either in a separate building or in combination with a building containing dwelling units, such as meeting rooms, self-service laundries, multipurpose rooms, outdoor sitting areas, walking trails, and other similar outdoor recreation or leisure facilities and administrative, social and recreational buildings, structures, and areas. Such facilities shall be subordinate to the residential character of the development. If over 25 units are proposed, the Planning Board may require such facilities be provided.

(b) Individual home occupations which are unlikely to cause a nuisance may be permitted upon approval of the Planning Board by special permit as set forth in the zoning code.

(4) Site density. The site density may be up to six units per net acre in the LC District, eight units per net acre in the R-0.25A District and 12 dwelling units per net acre in the HB District. A minimum of 20% of the dwellings shall be affordable in all districts under the criteria herein.

(5) Development coverage. Development coverage may be up to 75% (for all impermeable surfaces). Building coverage may be up to 50%. A minimum of 15% of the total lot area shall be devoted to usable open space.

(6) Parking. At least two off-street parking spaces must be provided for each dwelling unit, except studios may have 1.5 per dwelling unit. An additional 0.5 spaces shall be provided per unit for visitor parking.

(7) Bulk specifications.

(a) Height. The maximum building height may be 35 feet or 2.5 stories. Where a structure is on a sloping site, the maximum height may be increased up to 48 feet at the discretion of the Planning Board and as measured by the Building Inspector. Chimneys, elevator penthouses, water tanks and similar projections shall not be included in such measurements, provided that such projection does not occupy more than 10% of the roof area.

(b) Building division. Buildings of 60 feet or more in length shall be visually divided into smaller increments to reduce the buildings' apparent size and contribute to human scale development.

(c) Architectural treatments such as varying natural building materials or roof lines, increased setbacks or projections, bay windows or porches should be utilized to create visual interest and reduce scale. No metal siding or concrete block should be visible on the outer façade of any structure. Architectural style should blend into the surrounding neighborhood.

(d) Setbacks. The minimum distance between detached buildings shall be 25 feet. No principal building may be closer than 15 feet to a property line of the overall development with actual set back determined by the impact of the size, height and location of the building with reference to the surrounding neighborhood buildings. Consideration shall be given to the setbacks in the underlying zoning. Additional screening and buffering shall be provided between principal buildings and other properties in residential zones.

(e) Appurtenances. Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number of covered receptacles and shall be provided with proper screening and maintenance. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building

(f) Parking. Parking other than in driveways leading to a garage or carport may not occur in a front yard. Driveway parking prohibition shall not apply to private internal access driveways within a residential development comprised of multiple dwellings or townhouses if such private driveways are properly sized for safe passage.

D. Workforce Housing Overlay application. Acceptance of an application of the Workforce Housing Overlay shall be at the sole discretion of the Village Board and shall require a determination by the Village Board that the application meets the following criteria:

(1) Demonstrated local need. The local need for such a development within the community shall be demonstrated by the applicant to the satisfaction of the Village Board of Trustees.

(2) Financial viability. The applicant shall document the ability to financially complete an affordable WFH project by supplying the following as a part of the WFH application process:

(a) An outline of all public and private financing for the proposed project.

(b) Evidence of public funding acquired for the project, if applicable.

(c) A proposed affordability plan outlining the targeted population.

(d) A time line of the proposed project showing predevelopment, development, close-out and application of public funds, if applicable.

(3) Evaluation and mitigation of significant impacts. In the event the development shall significantly impact the adjacent area, public circulation, historic structures, density, the tax rate base, and any other relevant issues as may be identified by the Village Board of Trustees, the Village Board shall use all practicable means to minimize those environmental effects while still achieving the social, economic, and other goals of this section.

(4) In order to achieve a project that accomplishes the goals of this WFH Overlay District, balanced by acceptable impact on the surrounding neighborhood and community, the following shall be considered by the Village Board:

(a) The benefit the proposed work force housing will bring to the Village.

(b) The extent of impact and change to the character of the neighborhood.

(c) The extent any adverse physical or environmental impact in the surrounding neighborhood and community can be mitigated.

(d) Consistency with the Village Comprehensive Plan and the County Comprehensive Plan.

E. Site development concept plan.

(1) The development concept of all areas encompassed by a WFH shall be adequately described by a site development concept plan comprised of scaled drawings and associated reports. At a minimum, the site development concept plan shall adequately describe:

(a) The boundary and area of the WFH district including underlying zoning districts.

(b) The general location, orientation, and size of proposed principal and ancillary structures and the individual lots upon which they are situated; associated parking, density, open space, landscaping, and recreation areas, refuse areas and stormwater management areas; the location, size and general treatment of environmentally sensitive areas; and the general pedestrian and vehicular traffic routes (external and internal) to and from the development.

(c) Tabular data, written statements, graphic materials and illustrations sufficient to demonstrate compliance with all applicable provisions of this law.

(d) Any additional data that the Village Board deems necessary to evaluate the development proposal.

(2) Prior to making its determination regarding the approval of any final WFH submission, the Village Board shall seek the opinion of the Planning Board. The Planning Board shall have 45 days to report to the Village Board after the referral to the Planning Board. If no report is forthcoming in this time, the Village Board may proceed to act. The preliminary and final WFH application shall be reviewed by the Village Technical Advisors (Planning, Engineering and Legal) and their recommendations sent to both the Planning Board and the Village Board.

(3) After receipt of the Planning Board's and the Technical Advisors' recommendations, the Village Board shall meet initially with the applicant in open workshop session and when the application and all details have been discussed with the Board, a public hearing shall be noticed. Notices shall be sent to all property owners within 500 feet of the site seeking WFH designation

(4) If the Village Board adopts the WFH district designation, the applicant shall proceed to site plan review by the Planning Board in accordance with the site plan review provisions of Article VIII of the Village Zoning Code. The site plan must be generally consistent with the concept approved as a basis for the WFH overlay district designation. If the Planning Board approves a site plan that varies from the concept approved by the Village Board in a significant dimension or density (10% or greater) the plan shall be referred back to the Village Board for review and approval. (The Planning Board may not approve density higher than that which is permitted herein.)

F. Occupancy standards.

(1) Occupancy of affordable dwelling units in this development shall be limited to households earning up to 130% of the Orange County median income.

(2) Eligibility and affordability for affordable or workforce units shall be calculated and certified by the applicant and coordinated with the Orange County Office of Community Development.

(3) Senior citizens dwelling units: same income requirements as above in which at least one person is 55 years of age or older, except senior citizens are exempt from the first-time homebuyer criteria that they must be first-time homebuyers.

(4) For-sale. Sales prices shall be calculated on the basis of the median incomes of the target population, a down payment of at least 3%, and the calculation of applicable homeowners' insurance, taxes, utilities and any homeowners' association (HOA) or condominium maintenance fees. HOA and condominium maintenance fees shall be calculated at the same rates as market-rate residents in the same development.

(5) With respect to affordable rental units, it shall be the duty of the project owner or his agent to file a certification with the Village, which shall include evidence of each renter's household size and income. Such documentation shall be considered compliance with the requirements of the WFH overlay. Such certification shall be filed not later than April 30 of each year.

(6) In the case of for-sale units (including cooperative and condominium units), the contract of sale shall include a covenant restricting occupancy of said units only to those persons and/or households permitted by the provisions of this code. Standard covenants and restrictions concerning occupancy and affordability approved by the Village Board shall be set forth in the award letter, the contract of sale and the deed filed in the Orange County Clerk's Office.

(7) To the extent permissible under applicable state and federal fair housing funding requirements, the initial sale or rental of a WFH affordable dwelling unit shall first be made available in prioritized order to the following list of households:

(a) Persons residing in the Village of Woodbury and serving in good standing in the fire department, police department or ambulance corps;

(b) Persons employed at the time of initial tenancy or occupancy by the Village and/or Town of Woodbury, including certified public and private schools or school districts which serve residents of Woodbury;

(c) Persons employed by other municipal law enforcement including state and county

(d) Persons currently residing in the Village of Woodbury; and

(e) Persons currently living in Orange County.

G. Continued affordability requirements. All affordable units in a WFH development shall comply with the following provisions to ensure affordability of units in the approved WFH Overlay Zone:

(1) Ninety-nine-year affordability. All affordable units in the WFH shall remain affordable for a period of no less than 99 years commencing from the date of initial occupancy of the unit.

(2) Compliance. Affordability shall be monitored by the project management. For rental, condominium or cooperative projects, monitoring criteria shall be governed by the requirements of the New York State Department of Housing and Community Renewal. Affordability monitoring reports shall be supplied by the project to the Village by July 1 of each year.

(3) Deed restrictions. Provisions to ensure continued affordability of all affordable for-sale dwelling units in the WFH development shall be embodied in legally binding agreements and/or deed restrictions, which shall be prepared in a manner that conforms with the affordable regulatory restrictions set forth in Subsection G(4), Resale restrictions.

(4) Resale provisions and calculation of resale price. All units must be resold only to income-qualified households or individuals.

(a) The designated management entity for a particular approved workforce housing project shall notify the Village Clerk of their intent to resell a unit and identify the intended purchaser once one has been established.

(b) The maximum resale price may not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of the unit and such improvements plus reasonable and necessary resale expenses. Notwithstanding the foregoing, in no case shall the resale price exceed the income restrictions and guidelines established under DHCR Guidelines.

(5) Rent increases. Annual rent increases shall be limited to the percentage increase in the median household income within the Standard Metropolitan Statistical Area for Orange County.

§ 310-31.3 Transit Village Zoning District.

A. Purpose and intent. The purpose this District is to promote a sustainable mixed use development with public water and sewer, major highway access, organized with the main focal point being the Harriman Train Station, to implement the goals recommended in the Village's Comprehensive Plan and the Harriman Transit Supportive Development Case Study (2008), to promote a range of development that has a positive economic impact on the Village and the immediate area and to promote alternative forms of transportation. Residential neighborhoods should be organized around a traditional neighborhood-scaled street and block network and that provides a variety of housing types, densities and community-amenities. The core of the development, located in the immediate vicinity of the station approximately 1/2 mile from the station, should be characterized by compact mixed-use development with shops, restaurants, services, offices and civic uses. It should be the most intensively developed to achieve the place-making goals. Residential density should decrease as distance from this station increases.

B. General.

(1) The Transit Village Zone shall comprise of land around the Harriman Train Station as designated on the Village's Zoning Map and shall be developed consistent with the goals and objectives set forth in the Harriman Transit Supported Development Case Study (2008), the final recommendations of Regional Plan Association (RPA) for this area and the Village's Comprehensive Plan. The Part III of the RPA study shall serve as a guide for the plan except as may be superseded by this code.

(2) An application shall include a plan for the entire zone. The application may be submitted by multiple applicants, provided that a mechanism is included to assure a coordinated plan and development.

(3) Upon application to the Planning Board for approval of a site plan development within this zone, an applicant shall initially submit a conceptual plan showing, at a minimum, the boundary area of the Transit Village, a general layout and location of buildings, uses, structures, parking and public amenities as well as general architectural design and treatments proposed and the total number and type of residential units.

(a) The conceptual plan shall identify the core area and any single-family or townhouse neighborhood areas for the purpose of calculating residential densities.

(b) Deductions shall be made for sensitive environmental areas as is required in the Village's definition of "lot area" found in § 310-2 of this code.

(4) Upon agreement by the Planning Board that the conceptual plan meets the basic criteria and intent of the Village's Comprehensive Plan and the Harriman Transit Supportive Development Case Study (2008), the applicant shall then submit a full site plan including a phasing plan and other plans with may be required consistent with Article VIII of the Village Code and a site-specific SEQR analysis of all potential impacts of the proposed development project, including, without limitation, impacts on transportation, water supply, waste disposal, drainage, aesthetics, community services including schools and sensitive environmental resources.

C. Permitted uses within this district shall be as follows:

(1) General and medical offices.

(2) Indoor recreation.

(3) Hotel with or without conference center and/or restaurant component.

(4) Retail.

(5) Personal services.

(6) Restaurant or bars.

(7) Residential: one- or two-family dwellings, townhouses and multifamily dwellings, including rental and/or condominium, with appropriate mix to be determined during site plan review.

(8) Theaters.

(9) Structured parking.

D. Design and density requirements.

(1) Roadways.

(a) A north-south road shall be created from the station to the north end of the site. This road's design shall incorporate traffic-calming techniques to discourage high-speed through traffic. The construction of this road should not impede access to the Metro-North Rail Station or its parking areas The western edge of the Metro-North property is the favored alignment for this road.

(b) There shall be a minimum of three access points from Route 17 into the Transit Village area. Favored locations are the exiting entrance to the Metro-North Station and parking lot, the transition point between the mixed-use core area and the residential portion of the development and the south end of the development near the intersection of Route 17 with Route 17M.

(c) Sidewalks shall be provided throughout the development ensuring connection of all areas to the train station. Sidewalks shall be in place prior to the issuance of any certificate of occupancy.

(d) Benches shall be provided at regular intervals on both sides of main roads in mixed use areas.

(e) Raised or stamped crosswalks shall be provided at all intersections.

(f) Street trees and pedestrian-scaled lighting shall be provided.

(g) Bike lanes should be provided on major internal roads.

(h) Bike parking shall be provided in close proximity to the train station.

(i) Angled or parallel parking spaces may be provided in front of retail and service businesses, but should be reserved for short time periods to discourage residents from occupying these spaces.

(2) Residential uses.

(a) Mix of unit types may include rental or condo apartments, townhouses and single- or two-family development. No more than 50% of the total number of units on the site may have more than two bedrooms. No dwelling unit shall have more than four bedrooms.

(b) Condo and rental apartment units shall only be located on upper floors of mixed-use buildings. The Fire Department should be consulted to determine the maximum building height that can be accommodated safely in this area.

(c) Apartments shall have a minimum livable square footage of 500 square feet.

(d) Townhouses should be side-by-side units with a maximum of six units in one building.

(e) One- and two-family dwellings shall have a minimum front setback of 25 feet, a minimum rear setback of 50 feet and a minimum side yard of 15 feet.

(f) Residential density of units in mixed-use buildings shall be the highest with a minimum density of 20 and a maximum density of 25 units per net acre within 1/2 mile of the train station.

(g) Outside of the core area, density shall decrease moving north on the site. Townhouse density shall be a minimum of six and maximum of 10 units per net acre and one- and two-family homes shall have a maximum density of four units per acre.

(h) At least 20% of all residential units must be affordable to households earning up to 130% of the Orange County median income as determined by the U.S. Office of Housing and Urban Development (HUD). These units should be intermixed throughout the development. All affordable units shall be certified by the applicant to remain affordable for the life of the project and coordinated with the Orange County Office of Community Development. Occupancy standards and continued affordability requirements shall be consistent with § 310-31.2F and G of the Village's zoning code.

(3) Nonresidential uses.

(a) Individual retail and service businesses in the core area should be no more than 15,000 square feet and shall be intended to serve the immediate community. These uses can be as large as 40,000 square feet outside of the core area.

(b) Offices can also be located above retail or service businesses in structures.

(c) The corner or end of a mixed-use building should be designed as a focal point.

(d) At least 75% of a façade on a ground floor use of mixed-use buildings should be clear glass window.

(e) Planters or window boxes should be provided where no grass or other areas for plantings exist.

(f) No detached signs shall be permitted in the mixed-use area.

(g) Hotels either with or without conference centers should provide structured parking which should be either located underground or designed in an aesthetically pleasing manner. The Fire Department should be consulted to determine maximum height permitted for hotels, but in no event should they be taller than four stories.

(h) Indoor recreation and entertainment uses should incorporate design elements into all visible sides of the structure. Maximum height of these uses should be 35 feet.

(4) Open space.

(a) Open space is intended to provide for the active and passive recreation needs of the residents of the site. Amenities should include walking trails and landscaped sitting areas. Spaces should be linked throughout the development and with public open spaces and parkland outside of the Transit Village area.

(b) Open space shall be provided to buffer environmentally sensitive areas and parkland from developed areas. Safeguards should be implemented, as recommended by Village consultants for the long and short term integrity and continuity of all sensitive environmental areas.

(c) A minimum of 40% of the total development area shall be preserved as open space. This area can include sensitive environmental resources such as wetlands.

(5) Development coverage.

(a) Total development cover for the entire Transit Village Zone shall be 60%.

(6) Stormwater management.

(a) Due to the extensive wetlands complex and several watercourses connected to the regional watershed, the Village finds it is imperative for this site to have a comprehensive stormwater management strategy. This strategy should include low-impact design practices.

E. Parking standards. Parking in the Transit Village shall be required based on the following table. Where a use is not listed, refer to general parking requirements in § 310-40 of the zoning code.

Permitted Uses	Minimum Parking Requirements
1- and 2-family dwellings	2 spaces per unit
Townhouses	2 spaces per unit in residential-only areas or 1.8 spaces per unit in mixed-use areas
Apartments	1.25 spaces per unit
Retail and personal service stores	3 spaces/1,000 square feet
Restaurants and drinking places	4 spaces/1,000 square feet
Banks, business and professional offices	2.5 spaces/1,000 square feet
Medical offices	4 spaces/1,000 square feet
Municipal buildings	3 spaces/1,000 square feet
Cultural and community facilities	1 space/3 seats or 1,000 square feet, whichever is greater

(1) Shared parking is encouraged in mixed-use areas. The Planning Board is hereby given the authority to waive any or all of a use's parking requirements in the mixed-use core area if a parking structure or surface parking lot with adequate capacity is located within 500 feet of the subject use or the Planning Board finds adequate on-street parking is available.

(2) Parking requirements may be waived by the Planning Board outside of the mixed use core up to 50% of the total requirement, as determined by the above table, if the Planning Board finds that potential exists for shared or on-street parking.

(3) On-street parking in mixed-use areas shall not be counted towards the parking requirements of residential uses.

§ 310-31.4 Water Quality Protection Overlay District.

A. Purpose and intent of District.

(1) It is the policy of the Village of Woodbury to promote the health, safety and welfare of the community by protecting and preserving the streams, water bodies, aquifers and groundwater resources that supply the Village's potable water, including reserve and future supplies, including both public water supplies and potable water for private wells. The intent of the Water Quality Protection Overlay District is to and to control activities that may pollute, degrade or reduce the availability of such surface and ground waters.

(2) The Water Quality Protection Overlay District is an overlay on all of the Village's other existing zoning districts. Uses not permitted in the underlying district are not permitted in the Overlay District. This Overlay District does not change the use and dimensional requirements of the underlying land use districts unless specifically stated in this section, but imposes specific requirements that must be followed. Unless the Building Inspector or the Zoning Board of Appeals of the Village makes a finding otherwise, the more restrictive requirements will be applied by the Planning Board.

B. Findings.

(1) The Village of Woodbury has the authority to conserve and protect surface and groundwater quality pursuant to the police power vested in and granted to the Village under the common law and N.Y. Municipal Home Rule Law, which recognize the authority of local governments to protect the health, safety, and welfare of their community, including the persons and property therein.

(2) Clean, safe drinking water is essential to public health and welfare.

(3) The Village of Woodbury has public water systems that serve over 10,000 people. The systems are supplied by a series of wells that draw water from both consolidated rock formations and unconsolidated sand and gravel aquifers underlying Woodbury Creek and adjacent areas. The aquifer underlying the Ramapo River corridor serves Village residents through wells installed and operated by the Village of Harriman through an intermunicipal agreement and is a potential future source for expansion of the Village water supply as well.

(4) The Village's groundwater is also the source of water for numerous wells for others. Adjacent municipalities, such as the Villages of Harriman and Kiryas Joel, private entities, and individuals utilize well systems that draw from aquifers located wholly or partly in the Village.

(5) Tributary streams to the Woodbury Creek and Ramapo River recharge the aquifers utilized directly or indirectly by Village. As a result, to protect the quality of water in the aquifers, it is necessary to limit and restrict the potential for pollutants to enter the watersheds of the Woodbury Creek and Ramapo River.

(6) Physical disturbance or introduction of pollutants into stream systems can contaminate or otherwise degrade them and the aquifers they recharge. Uncontrolled land development may also contaminate waters or change the hydrologic regime reducing recharge, which can damage the capacity of the aquifers as sources for water supply. Pollutants, including sediment from land disturbance, runoff of salt used on roads, sidewalks and driveways, nutrients and pathogens from wastewater effluent, pesticides and nutrients from agriculture and lawn care, and a variety of other sources, reduces the quality of riparian buffers, including forests and wetlands, that protect water quality and recharge aquifers. Such degradation threatens to create hazards to the health, safety and welfare of the people of the Village and neighboring municipalities, in addition to the costs associated with a disruption of potable water sources, including the increased costs of water purification and treatment. These risks can be reduced by restricting certain activities in the watersheds for these stream systems, and by limiting development activities near these streams.

(7) The Village's streams and aquifers are already facing challenges from contaminants and loss of recharge. The New York State Department of Environmental Conservation has determined that water quality in the Woodbury Creek and its tributaries is currently affected by elevated chlorides, nutrient enrichment and siltation, resulting in whole or in part from development in the watershed. The New York State Department of Health has determined that some of the Village's wells are at risk from pollutants including nitrates and pathogens.

(8) Protecting and preserving the Village's watersheds will provide significant collateral benefits. These lands and waters provide habitats for many of the Village's wildlife, and support recreational activities such as fishing, hunting, hiking, birding, and associated economic activity. Wetlands and riparian buffers also help control floodwaters by slowing and absorbing overland runoff.

(9) The Village's Comprehensive Plan recognizes the importance of protecting surface water and groundwater resources, and specifically supports the creation of overlay districts to protect stream systems and aquifers. The Orange County Water Master Plan also recommends the use of local laws to address pressing threats of contamination, and particularly to provide maximum protection to sensitive aquifer areas and control activities that pose risks for contamination of underlying aquifers.

(10) The regulations proposed will supplement and enhance regulatory controls protecting source water quality by mechanisms and techniques suggested under Orange County's well head protection study, and recommendations of the EPA for water source protection.

C. Definitions. For the purposes of this section, certain terms or words used herein shall be interpreted or defined as follows:

AQUIFER

A body of permeable subsurface soils and/or rock that can contain, store or transmit groundwater.

BUFFER AREA

All lands within 100 feet of a stream or water body in the Overlay District.

IMPERVIOUS SURFACE

Surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water runoff into the ground, including but not limited to building rooftops, pavement, sidewalks and driveways. The Department of Environmental Conservation Stormwater Design Manual uses the threshold for infiltration of 0.5 inches/hour to determine infiltration feasibility and site limitations. Anything less than this rate shall be considered ineffective.

OVERLAY DISTRICT

The Water Quality Protection Overlay District, as defined in Subsection D of this section.

PROTECTIVE STRUCTURE

A structure, covering or container designed to prevent contact of precipitation with a stored material and prevent discharge of contamination to the environment. In accordance with the procedures set forth in this section, the Planning Board and Building Inspector may specify appropriate protective structures to be used in the Overlay District or review applicants' proposals for protective structures.

PUBLIC WATER SUPPLY SOURCE

The aquifers that provide water to current municipal water systems and future targeted development areas. For purposes of this section, the public water supply shall include the Woodbury Creek Valley Aquifer and the Ramapo River Valley Aquifer, as defined by the Orange County Water Authority.

RECHARGING FRESHWATER WETLAND

A freshwater wetland as defined in § 165-3 of this Code that the Planning Board finds, after consultation with the Village Engineer, directly and substantially recharges and replenishes underground water reserves.

RESERVOIR

Cromwell Lake and Earl Reservoir.

RIPARIAN ZONE

The land within 50 feet of a stream or water body.

STREAM

A permanent or intermittent water course, river, creek, ditch, or channel in which water flows, as identified in the "Water Quality Protection Overlay District Boundary Map, Village of Woodbury" on file in the Village Clerk's Office.

TOP OF THE STREAM BANK

The primary edge of the ordinary high-water mark, or break in slope for a watercourse, which maintains the integrity of the watercourse.

WASTE

All putrescible and nonputrescible materials or substances that are discarded, including but not limited to garbage, refuse, industrial and commercial waste, sludges, rubbish, tires, ashes, chemicals, construction and demolition debris, objects, and vessels containing any of the foregoing.

WATER POLLUTION CONTROL PLAN

A written document describing hazardous materials present or typically used on a particular site, systems for containing these materials and preventing their discharge into the environment, and emergency response plans if accidental discharge should occur. The Building Inspector may require specific documentation as appropriate to the use or activity, including an assessment of existing stormwater management practices. If existing practices (stormwater or other) are determined inadequate, the owner shall be required to modify these to be current and effective.

WATERBODY

Any natural or artificial pond, lake, reservoir or other surface water area that is not a stream and that usually or intermittently contains water, as identified in the "Water Quality Protection Overlay District Boundary Map, Village of Woodbury" on file in the Village Clerk's Office. For purposes of this section, water bodies do not include ponds, basins or other structures designed and constructed specifically for stormwater management.

WATERSHED

A region of land that drains down gradient to a particular body of water. A watershed has interconnected streams, lakes, wetlands, and underground waters moving generally downhill to the body of water for which the watershed is named.

D. Establishment and definition of District.

(1) The Water Quality Protection Overlay District includes all lands in the Village, outside the United States Military Reservation and Harriman and Schunnemunk State Parks, that contribute to the public water supply, including all lands in the Village outside of said parks and reservation from which water flows into streams or water bodies tributary to the Woodbury Creek or the Ramapo River. The map defining the Overlay District boundaries, entitled "Water Quality Protection Overlay District Boundary Map, Village of Woodbury" is available to the public in the Village Clerk's Office.

(2) District boundary exceptions. This district shall exclude, and the provisions of this section shall not apply to, any land that is proven to the satisfaction of the Building Inspector, upon consultation with and advice by the Village Engineer, not to drain into the waters described in this section.

E. Regulated activities. The following regulations shall apply throughout the Overlay District.

(1) Prohibited activities.

(a) Disposal, deposit or discharge of solid or liquid wastes onto any land or waters in the Overlay District, except for the washing of cars, driveways, patios, and other residential related incidental cleaning operations using only environmentally-friendly products, and subsurface wastewater disposal systems approved by the Orange County Health Department or the Village of Woodbury, and stormwater management facilities as set forth in stormwater pollution prevention plans prepared pursuant to the Environmental Conservation Law as approved by the Building Inspector in consultation with the Village Engineer, the Village Planning Board or the Department of Environmental Conservation.

(b) Outdoor storage of any of the following materials, except in protective structures or vessels approved by the Building Inspector: bulk chemicals, hazardous materials, petroleum products, fertilizers, herbicides, pesticides, manure.

(c) Underground storage of any petroleum product except as approved by the New York State Department of Environmental Conservation.

(d) Mining or other commercial removal or relocation of earth materials, including but not limited to sand, gravel, topsoil, metallic ores, or bedrock. Any such facilities in existence as of the effective date of this section must file a Water Pollution Control Plan with the Building Inspector by August 1, 2021.

(e) Drilling of wells for oil, gas, gas storage, brine disposal, or similar purposes.

(f) Burial of human or animal remains within 100 feet of a stream or water body.

(2) Junkyards and refuse dumps. Establishment of junkyards and refuse dumps is prohibited in the Village of Woodbury pursuant to § 310-15. Any junkyards or refuse dump in existence as of the effective date of this section must file a Water Pollution Control Plan with the Building Inspector by August 1, 2021.

(3) No fertilizers, pesticides, herbicides or manure may be applied in the riparian zone of a stream or water body. For single-family residential dwellings, the application of environmentally friendly fertilizers per the New York State Nutrient Runoff Law, and anti-mosquito and tick spraying shall be allowed by New York licensed applicators and homeowners, with the use of only products approved by the Department of Environmental Conservation. This exclusion shall not apply to commercial residential and other developments.

(4) No animal feedlots, manure storage or chemical storage may be located in the buffer zone of a stream or water body. Any existing facility with chemical storage shall file a water pollution control plan with the Village by August 1, 2021.

(5) Salt application and storage. It is the policy of the Village that de-icing shall be conducted in a manner that minimizes the amount of salt used while maintaining public safety.

(a) Bulk storage of salt or de-icing chemicals in the Overlay District shall only be allowed in protective structures approved by the Village Board, in consultation with the Village Engineer (for use by the Village) or by the Planning Board as part of a site plan application (for all others). For purposes of this subsection, "bulk storage" shall mean the storage of quantities in excess of 100 pounds in a single location.

(b) No collected snow that has been contaminated with salt or de-icing chemicals may be transported into and deposited within the Overlay District.

(c) Maintenance and snow management for roadway safety as required by the Village, county and state highway departments is permitted.

(d) In cases where the Planning Board finds that the transport of contaminated snow within the Village Boundaries is required, then the provision to allow this will be specifically stated within the resolution of approval. Furthermore, the applicant will be required to file a "snow disposition plan" for Planning Board approval and enforcement by the Building Department.

(6) Special permit uses.

(a) The following uses shall only be allowed in the Overlay District if they are allowed in the underlying zoning district and if they are granted a special permit pursuant to § 310-45 of this Code:

[1] Gasoline stations and other facilities for the transport, storage or sale of petroleum or petroleum products.

[2] Automobile service stations, repair garages, and other facilities to service, store or repair automobile and/or recreational vehicles.

[3] Dry-cleaning facilities.

(b) The following additional requirements shall apply to requests for special permits for the uses listed in Subsection E(6)(a) when proposed in the Overlay District:

[1] The facility must be connected to a municipal sewer system, except for fuel pipeline under Subsection E(6)(a)[1] of this section; and

[2] The applicant must develop a water pollution control plan, which shall be to the satisfaction of the Building Inspector and file such plan with the Building Department.

(c) All existing facilities in the Overlay District with uses described in Subsection E(6)(a) or other industrial or commercial uses identified by the Building Inspector to have a reasonable cause to do so, shall file a water pollution control plan with the Building Inspector by August 1, 2021, or within six months of identification by the Building Inspector, whichever is earlier.

F. Riparian zone. A minimum fifty-foot undisturbed riparian zone shall be maintained adjacent to all streams and water bodies in the Overlay District.

(1) The fifty-foot riparian zone shall be measured from the top of the stream bank of the associated stream or water body, except where a recharging freshwater wetland is located adjacent to said associated stream or water body, in which case the riparian zone shall be measured from the delineated boundary of such recharging freshwater wetland.

(2) The following requirements apply to the riparian zone:

(a) No vegetation may be removed from a riparian zone which has not already been cleared prior to the effective date of this provision, except dead and dangerous trees upon inspection and approval by the Building Inspector. This provision shall not apply to the maintenance of existing or approved lawn and planting areas of single-family residential dwellings.

(b) No land disturbance is permitted in unpaved areas of the riparian zone except for:

[1] Structures such as flag poles, signs, and security lights, which would result in increases in impervious area, unless reviewed and approved by the Planning Board.

[2] Necessary stream bank or shoreline stabilization, with the review and approval of the Building Inspector in consultation with the Village Engineer as needed.

[3] Development of a water supply well that is approved by the Department of Health.

[4] Enhancement, as defined in Subsection G(1)(d).

[5] When the Planning Board has jurisdiction for review and approval of a project in the riparian zone for streams and waterbodies, the Planning Board must determine, after opportunity for public hearing, that either there is no practical alternative to realize a compelling need of the community related to health, safety and welfare of persons and property therein, which need outweighs the loss of protection to the water supply; and such land disturbance is necessary to avoid the likelihood that substantially all uses for which the property is zoned and suitable are precluded, so as to deny the owner all economically beneficial or productive use of the property, akin to a regulatory taking of the property. In its determination, the Planning Board shall consider whether the applicant has minimized proposed disturbance to the areas closest to the affected water body; the proposed use is compatible with adjacent uses; the impacts to the affected water body as a result of the proposed use is as benign as that of adjacent uses; the applicant has demonstrated there are no reasonable alternatives to the proposed development; and the proposed improvements minimize and mitigate potential impacts.

G. New development in buffer area. In order to protect the integrity of streams and water bodies, a regulated buffer area of 100 feet from each stream and water body in the Overlay District is hereby designated, in which the following requirements apply for new development. The buffer area shall be measured from the top of the stream bank.

(1) Proposals for new site plan or subdivision approval which include plans for any building, structure, impervious surface, access roads, utilities, stormwater facilities, or land clearing in the buffer area shall require a special permit from the Planning Board pursuant to § 310-45. Additionally, any development and/or construction proposed in the buffer area which requires a building permit shall require a special permit and site plan approval from the Planning Board, except as noted in Subsection G(2).

(a) Special permit approval pursuant to this section shall require the Planning Board to make a finding that the applicant has met all of the following criteria:

[1] The development is consistent with the purpose and intent of the Overlay District.

[2] The construction of buildings, structures and impervious surfaces and disturbance of vegetation in the buffer have been avoided or minimized to the greatest maximum extent practicable. The Planning Board is hereby specifically authorized to relocate, or reduce the footprint, height or square footage, specify materials, require specific protocols for maintenance, of any building, structure or impervious surface, and/or the number of lots in a proposed subdivision, to the extent necessary to reduce impact on the buffer and associated streams or water bodies.

[3] The use and location of development is appropriate to the natural topography, soils, and other characteristics of the site to be developed.

[4] The development will minimize to the greatest extent practicable the impact, during construction or thereafter, on the quality or quantity of groundwater or surface water in the Overlay District.

[5] The construction proposed will avoid substantial disturbance of the soils, topography, drainage, vegetation and other natural characteristics of the site to be developed.

[6] Adequate provisions have been made for the collection and disposal of all stormwater that runs off proposed roads, parking areas, roofs, and other surfaces. Groundwater will be recharged to the maximum extent practicable on-site.

[7] Filling, excavation and earth-moving activity have been minimized to the greatest extent practicable.

(b) The Planning Board shall consider a cluster development layout as defined in § 310-31, in any subdivision proposal requiring a special use permit hereunder. Open space shall be selected to maximize protection of water resources and preservation of the buffer area.

(c) The Planning Board may require the applicant to prepare a stormwater pollution prevention plan, as defined in § 267-8 of this Code, for any development in the buffer area, whether or not the development would otherwise require such a plan.

(d) Riparian zone enhancement. In addition to requiring preservation of the riparian zone adjacent to a stream or water body as provided in Subsection F and elsewhere in this section, the Planning Board may require enhancement of the existing vegetation through the use of supplemental plantings, if necessary, to ensure that the riparian zone can properly and effectively perform its filtering and absorption functions. Disturbance of the riparian zone for the purpose of enhancement shall be by hand work, with no machine use.

(2) Any building permit application for any residential structure or related impervious area of 200 square feet or less (cumulative) proposed within the buffer area shall require approval of the Building Inspector in accordance with the criteria below.

(a) The Building Inspector shall ensure that the proposal minimizes to the greatest extent practicable the extent of impact on the buffer and shall impose conditions to minimize to the greatest extent practicable any potential impact on streams or water bodies in the district.

(b) The Building Inspector shall consider any practicable alternatives to so minimize impact on the buffer and on the stream or water body. These may include, as appropriate, alternative locations on the site or reduced footprint, height or square footage for the proposed buildings, structures or impervious surfaces.

(c) Such activity shall avoid impact on water bodies, streams and riparian areas to the maximum extent practicable and disturb the minimum area reasonably necessary for its completion. The Building Inspector shall have authority to require remediation of any area disturbed during construction, including best management practices, necessary to accomplish the purposes of this section.

(3) All approvals under this Subsection G shall be subject to the riparian zone constraints in Subsection F. Nothing in this Subsection G shall be interpreted to supersede any requirement or condition applicable to riparian zones pursuant to Subsection F.

(4) Development of a water supply well that is approved by the Department of Health shall be permitted in the buffer area.

H. Administration and enforcement. The requirements of this section shall be administered and enforced pursuant to the applicable provisions of this chapter, including special use permit procedures (§ 310-45), enforcement (§ 310-46), appeals (§ 310-49) and penalties (§ 310-51).

[Amended 3-23-2023 by L.L. No. 5-2023]

I. Existing nonconforming uses. Where nonconforming uses exist within the Overlay District, and except where a water pollution control plan is required to be filed as identified above, these uses may remain. If maintenance, repairs, or procedures required for compliance with federal and state regulations are necessary they shall be permitted. Under no circumstances shall the nonconforming use be authorized to expand their facilities, impervious area, or capacity without receiving all required approvals including those from the Building Department and/or Planning Board.

J. Municipalities and governments bound. The provisions of this section shall apply to all public officials and agencies and their agents, including without limitation those of the Village of Woodbury and all other municipal and governmental bodies.

§ 310-32 Retail Commercial development in LC District.

A. Purpose. The purpose of the Limited Commercial District, as expressed in the Schedule of Zoning District Regulations, LC District,[1] is as follows: to accommodate limited business activity along portions of Route 32 in a manner that retains the existing residential character and architectural style and development intensity while also recognizing the appropriateness of highway commercial uses, provided that they conform to the character of established surrounding development. This district provides for an area of transition between residential and commercial districts. It is further the intent of this district to save older or architecturally significant structures and their individual character. Both new and renovated structures should retain the character and scale of the surrounding neighborhood.

[1] Editor's Note: The Schedule of Zoning District Regulations is included at the end of this chapter.

B. Retail and personal service shops, as permitted in Item 9 under "special permit uses" in the Schedule of Zoning District Regulations, LC District, are restricted as follows: retail shops limited to the sale of food, beverages and miscellaneous small items, including convenience stores; pharmacies; and service businesses, such as but not limited to beauty shops, nail salons, dry cleaners and travel agents, provided that:

(1) If multiple attached uses are proposed, such uses shall be combined with at least one other retail or personal service use permitted in the LC District.

(2) No single retail establishment shall exceed 8,000 square feet, except a supermarket, which shall not exceed 40,000 square feet.

§ 310-33 Home occupations in accessory buildings.

Where a home occupation is proposed to be located in a structure other than the principal structure on the property, a special permit shall be required from the Planning Board.

§ 310-34 Landscaping businesses and nurseries.

A. Any such business with a retail sales component shall have access to a state highway.

B. No structure or portion of a structure devoted to retail sales shall exceed 300 square feet.

C. Fertilizers shall be stored in dry areas, away from walls, heat or open flame and above concrete floors.

D. Pesticide storage shall satisfy the following requirements:

(1) Pesticide storage areas shall be structurally segregated from residential, office and general work areas; livestock quarters; food, feed or seed storage; and water supply sources, preferably in a separate building or shed.

(2) The pesticide storage area shall have a continuous raised berm on all sides of the floor, and the berm and floor should be sealed to create a continuous impervious surface.

(3) Spill-containment materials and fire extinguisher(s) appropriate for the pesticides stored shall be conveniently accessible in the pesticide storage area.

(4) Personal safety equipment, such as gloves, aprons and respirators, appropriate for the pesticides stored and handled shall be available convenient to, but not within, the pesticide storage area.

(5) The pesticide storage area shall be locked and prominently posted with pesticide storage warnings.

(6) The local fire department shall be notified annually of the types and quantities of pesticides stored in the pesticide storage area.

(7) Pesticides shall be segregated by function and hazard.

(8) Areas where pesticides are mixed and equipment loaded or cleaned shall be appropriately bermed, with impermeable floors. The rinsate should be contained and reused for future mixing with the same concentrates. Indoor areas where concentrates are used should have adequate vapor venting.

(9) Where pesticides are stored in bulk containers, storage areas shall have impermeable flooring and berms. Tanks should have locked inlet and outlet controls. Areas where tanks are kept should be secured by fences or indoor locked facilities. A containment system to collect precipitation surface runoff or spills is recommended, with at least 25% of the stored capacity of the storage system.

(10) A water supply for emergency wash or eyewash and for routine wash-up should be located conveniently to the pesticide storage area. A quantity of water sufficient for an initial emergency wash within or immediately adjoining the pesticide storage area shall be provided.

(11) A first-aid kit appropriately equipped for initial response to pesticide poisoning shall readily be available, but not within the pesticide storage area.

(12) A state permit shall be secured where applicable.

E. The special permit shall require at least an annual inspection by the Fire Marshal or more frequent inspections at the discretion of the Fire Marshal.

§ 310-35 Dwelling unit for additional family member.

A temporary special permit may be granted by the Zoning Board of Appeals for an additional dwelling unit for the use of family members in accordance with the following:

A. Additional unit may only be used for up to two additional persons directly related to the owners of the principal dwelling unit;

B. The single-family dwelling may be expanded up to 25% to a maximum of 1,000 square feet of the floor area of the principal dwelling unit to accommodate the new unit;

C. All bulk dimensional requirements of the zoning district in which the dwelling is located must be complied with;

D. In the event the property is either sold or the additional unit is vacated, the permit will become null and void. The property shall be restored to its original single-family status and permanent cooking facilities (i.e., stove) shall be removed;

E. The applicant (property owner) shall provide to the Zoning Board of Appeals names of all persons who intend to occupy the additional unit. Homeowner and intended occupants shall sign the special permit upon its approval by the ZBA; and

F. All facilities are subject to an annual inspection by the Building Department.

§ 310-36 Senior citizen housing developments.

A. Purpose. The Village Board of the Village of Woodbury hereby finds and declares:

(1) There is a need in the Village of Woodbury for housing located and designated to meet the special needs and habits of senior citizens to be known as "senior citizen housing." Such housing can contribute to the dignity, independence and meaningful activity of senior citizens in their retirement years. It is recognized that housing for the elderly, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the occupants of such developments and to the Village of Woodbury at large.

(2) Senior citizens have different needs than the population as a whole. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when their current residence is no longer appropriate or desirable.

(3) Senior citizen housing developments can be integrated into existing residential neighborhoods if properly planned, constructed and maintained. A senior citizen housing development that blends into the existing fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole.

(4) The Village of Woodbury has determined that the most appropriate means to fulfill the purposes of this section is to establish Senior Citizen Housing (SH) Districts by zoning amendment.

(5) The purpose of the Senior Citizen Housing (SH) District is to enable the Village Board to permit senior citizen housing that satisfies the need for such developments in locations where they will provide an appropriate residential environment for seniors, but will not detract from surrounding land uses. Any use other than the uses specifically enumerated herein shall be prohibited in an SH Zone.

(6) The SH Zoning District shall allow two types of senior citizen housing (a) senior rental projects, and (b) for-sale, individually owned senior housing, both as provided herein. At the time of adopting any Zoning Map amendment to place property within the SH Zoning District, the Village Board may limit the permitted uses to one or the other, or a combination of both. The granting of authority to establish either type of senior citizen housing development within this zoning district shall be subject to the applicable conditions set forth below, including the issuance of a special permit by the Planning Board, the site plan review requirements of Article VIII of this chapter and such other reasonable conditions as the Planning Board, in its discretion, deems appropriate, and, in the instance of a senior housing component in a conservation cluster development, the authorization of the such clustering by the Village Board under the provisions of § 310-31.1.

(a)

B. Applicability.

(1) All senior citizen housing shall be located so that public facilities, including central water supply and central sewage disposal and fire protection, are available or some alternative means acceptable to the Planning Board and the Village's consulting engineer.

(2) Senior citizen housing sites shall provide residents with reasonable access to such conveniences and facilities as public transportation, hospital and medical services, shopping, banking facilities, drugstores, religious, cultural and recreational facilities and personal services.

(3) The minimum area for a senior citizen housing site shall be 10 acres. The maximum area of site designated for such housing shall be 20 acres. The minimum area for a senior citizen development containing for-sale, individually owned housing, or a combination of for-sale and rental units, shall be 20 acres. The maximum area shall be 50 acres.

C. Uses.

(1) Permitted uses. Senior housing needs vary depending upon an individual's age and health. A common prerequisite is a comfortable, independent and supportive setting to which one can move when one's residence is no longer appropriate or desirable. Developments in a Senior Citizen Housing District may be one of the following in order to encourage a variety of dwelling types:

(a) Rental housing development.

[1] The following dwelling types are permitted in a rental project in a SH District:

[a] Semi-attached two-family dwellings.

[b] Townhouses, defined as one of several units in a building, which unit is designed for and occupied exclusively as a home or residence for not more than one family living independently of any other family, separated from any other unit by a party wall or walls and erected on a lot intended to be held in the form of a condominium or in single and separate ownership from any adjoining units.

[Amended 3-23-2017 by L.L. No. 1-2017]

[c] Apartments.

[d] Congregate housing.

[e] Any combination of the above.

[2] All such units shall be available for rent or lease. No sale units are to be permitted.

(b) For-sale, individually owned housing development. The following dwelling types are permitted in a for-sale, individually owned housing project in the SH District: detached single-family dwellings or semidetached single-family dwellings. All such units shall be offered for sale. Within 30 days of the sale of a dwelling, the HOA will provide the Building Department with verification that the new owner or owners meet the age-restricted requirement.

(2) General requirements.

(a) The occupancy for a senior citizen housing development shall be limited to persons who are 55 years of age or older with the following exceptions:

[1] A husband or wife under the age of 55 years who is residing with his or her spouse who is of the age of 55 years.

[2] Any child at least 21 years of age of either a residing parent who is at least 55 years of age or the residing spouse of someone who is at least 55 years of age, provided such child is considered to have a disability under either the Equal Opportunity for Individuals with Disabilities Act [42 U.S.C. § 12102(2)] or the Fair Housing Act [42 U.S.C. § 3602(h)].

[3] Adults under the age of 55 years will be admitted as permanent residents if it is established that the presence of such persons is essential for the physical care or economic support of the eligible older occupant or occupants.

[4] Maximum occupancy shall be four persons per dwelling unit.

[5] Certifying documentation of the requirements of this section shall be provided in the following forms:

[a] A certificate of occupancy shall be required for each dwelling unit in a senior citizen housing development, and said certificate shall only permit occupancy in accordance with the requirements as stated herein.

[b] A certificate of compliance shall be filed for each unit occupied. It shall be the duty of the owner or his/her agent to file a certificate of compliance with the Village Code Enforcement Officer indicating compliance with this section and this chapter, as amended, as to its requirements relating to the number of occupants, the age of the occupants in each dwelling unit and, if relevant, proof of disability, all in such form as reasonably required by the Code Enforcement Officer to ensure compliance with this section and this chapter. The certificate shall be filed for each dwelling unit within 30 days after its initial occupancy. A new certificate shall be filed within 30 days after any change of occupancy.

[c] In the case of rental projects, the applicant and/or owners of a development under this section shall file with the Code Enforcement Officer before the first Monday in December of each calendar year of operation a report on forms supplied by the Code Enforcement Officer for compliance with all provisions of this section. In the case of for-sale, individually owned housing projects, the Planning Board, prior to the signing of any subdivision plat, shall assure that proper restrictive covenants or other sufficient assurance of continued limitation on use under this section is recorded simultaneously with the subdivision plat. All building permits and certificates of occupancy for owner-occupied senior housing under this section shall provide that occupancy is limited under the provisions of this section.

(b) First preference for dwelling units in a senior citizen housing development shall be given to existing residents of the Village of Woodbury or employees of the Village of Woodbury; second preference shall be given to relatives of Woodbury residents; third preference shall be given to residents of the Monroe-Woodbury School District or the Cornwall School District; fourth preference shall be given to other residents of Orange County. Proof of residency, such as a driver's license or voter registration card, will be accepted to determine residency.

(c) Every renter of a senior citizen dwelling unit shall certify on a form provided by the Village that he/she is renting said unit for his/her primary place of residence. Renters of senior citizen housing units shall not be permitted to lease or sublease said units to other parties. This will be enforced by a lease restriction. The developer may not rent any unit without first obtaining such certificate from the tenant.

(d) Housing units offered for rent for senior citizens in the SH District may be rented at any time following the date of original lease. However, the rental shall not exceed a rent that equals the original rental, plus the increase in the cost-of-living index for the region as determined by the United States Department of Labor consumer price index (CPI) between the date of original rental and the date of rerental. Base rental rates shall be established by the Village Board. If the initial rental rate exceeds the preestablished average rental for one-bedroom and two-bedroom units by up to $100, then 25% of the units in each respective category (one-bedroom and two-bedroom) shall carry rents that are 25% below the average rentals. If initial average rents exceed the preestablished average by between $100 and $200, 25% of the units shall carry rents that are 30% below the average. If initial average rents exceed the preestablished average by more than $200, 25% of the units shall carry rents 35% below the average.

(e) No dwelling unit shall contain more than two bedrooms.

(f) Senior citizen housing developments shall preserve, to the greatest extent possible, mature trees, rock outcrops, slopes, wetlands and stream corridors.

(g) Sites shall emphasize pedestrian circulation and shall provide a safe and reasonable system of drives, service access and parking conveniently accessible to all occupants. Sidewalks shall link parking lots, transit stops and buildings on site and with adjacent properties.

(h) In a senior housing rental project or a condominium project, maximum density shall be eight dwellings units per buildable acre for two-bedroom units, nine dwelling units per buildable acre for one-bedroom units and 10 dwelling units per buildable acre for studio units.

[Amended 3-23-2017 by L.L. No. 1-2017]

(i) Exterior architectural features shall be of a quality, character, compatibility and appearance that is in harmony with the surrounding neighborhood and the Village of Woodbury and will not adversely affect the general welfare of the inhabitants of the Village. The Architectural Review Board shall be responsible for the review and recommendations of such exterior architectural features.

(j) For rental projects, an area equivalent to approximately 5% of the total floor area in residential units may be set aside for community space, including lounges, workshops, game rooms and other facilities designed for the residents. This space may be part of a residential structure or as a separate structure.

(k) Signs shall be permitted in accordance with Village sign regulations (§ 310-30 herein) with the following exceptions:

[1] A maximum of two on-premises signs identifying the senior citizen housing development shall be permitted. The signs can be either freestanding or attached to a structure.

[2] The total combined area of both senior citizen housing development signs shall not exceed 20 square feet. Such signs shall not exceed six feet in height and must be set back at least 15 feet from a public right-of-way.

(l) Each dwelling unit shall be equipped with a fire alarm system that provides an exterior light designating the unit initiating the alarm. The system shall have an exterior alarm and shall be approved by the Village's Fire Marshal. Fire alarm systems shall also be provided for all common areas (i.e., halls, recreation areas, service areas and so on). An external fire warning light should be on the face of the building that is visible from the street for each building.

D. Design standards.

(1) In a rental senior citizen project, any development approved under this section shall follow the standards set forth in § 310-27, Landscaping, screening and buffer regulations, and Article VIII, Site Plan and Special Permit Review and Approval, of this chapter, as well as the following standards:

(a) The design of the senior citizen housing development shall be compatible with the design of the surrounding neighborhood.

(b) The following dimensional requirements are applicable to all developments in the SH District created by this section:

[1] Minimum lot size: five acres; maximum lot size: 20 acres.

[Amended 3-23-2017 by L.L. No. 1-2017]

[2] Minimum lot width: 150 feet.

[3] Minimum front yard setback from adjoining right-of-way:

[a] State and county: 50 feet.

[b] Village: 40 feet.

[4] Minimum building setbacks from adjoining properties:

[a] R-1A/R-0.25A/BB/LC/CR:

[i] Side: 50 feet.

[ii] Rear: 50 feet.

[b] R-2A:

[i] Side: 100 feet.

[ii] Rear: 100 feet.

[5] Maximum building height: three stories or 35 feet.

[Amended 3-23-2017 by L.L. No. 1-2017]

[6] Maximum site coverage: 35% of gross site area.

[Amended 3-23-2017 by L.L. No. 1-2017]

[7] If more than one structure is proposed, the minimum distance between buildings shall be determined at the time of site plan approval by the Planning Board. Consideration shall be given to fire access, solar orientation, building massing and other relevant factors in determining any appropriate distance between buildings.

[8] Off-street parking.

[a] Minimum on-site off-street parking shall be provided pursuant to the following formula:

[Amended 3-23-2017 by L.L. No. 1-2017]

	Use	Parking Space
	2-bedroom dwelling unit	1.75 per unit
	1-bedroom dwelling unit	1.5 per unit
	Studio dwelling unit	1.0 per unit
	Overflow/visitor	0.50 per unit
	Superintendent	2.00 per unit
	Staff (per person)	0.50 per unit

[b] Overflow parking area specifications shall be designated by the Village Engineer. All other parking areas shall be curbed, striped and have direction of travel lane painted over blacktop. Minimum paving specifications shall be designated by the Village Engineer of the Village of Woodbury. Parking areas shall be landscaped as required in this chapter (§ 310-27). The Planning Board may waive or postpone the actual paving of up to 25% of the spaces assigned to dwellings. No parking may be permitted within the front yard.

[9] In Senior Citizen Housing Districts, all construction must conform to the New York State Multiple Dwellings Law, as appropriate, the New York State Energy Conservation Construction Code and the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time.

(2) In a senior citizen for-sale, individually owned housing project, the lot size and bulk provisions of the R-0.25 Zoning District shall apply. Where detached senior units are a part of a conservation cluster development, the lot size shall not be less than that set forth in the R-0.25 Zoning District. Where semidetached senior citizen units are part of a conservation cluster development project, the Planning Board may reduce the minimum lot size, for semidetached units only, by not more than 25% where it finds that such reduction, taking into account the physical features of the land, and the nature of the proposed dwellings, is conducive to a more appropriate layout. These reductions shall be subject to the further limitation that the Planning Board shall not allow lot size reductions for any more than 25% of the total number of lots allocated for senior units in the project.

E. Senior Citizen Housing Advisory Committee. The Village Board shall appoint a committee of three to five persons who shall serve at the pleasure of the Village Board to advise the Village Board on rent policy and guidelines and to monitor and administer the Senior Citizen Housing Program.

§ 310-37 Adult bookstores, theaters and similar uses.

A. Purpose. This section is intended to regulate uses which, because of their very nature, are recognized as having serious objectionable operations and characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

B. Regulated uses; restrictions.

(1) Regulated uses include all adult uses, which include, but are not limited to, the following:

(a) Adult bookstores.

(b) Adult motion-picture theaters.

(c) Adult mini motion-picture theaters.

(d) Adult entertainment cabarets.

(2) Adult uses shall be permitted subject to the following restrictions:

(a) No such adult uses shall be allowed within 1,500 feet of another existing adult use or approved site for such use.

(b) No such adult use shall be located within 1,500 feet of any zoning district which is zoned for residential use.

(c) No such adult use shall be located within 1,500 feet of a preexisting school or place of worship.

(d) No such adult use shall be located in any zoning district except an IB-zoned area.

C. Registration with Village Clerk required.

(1) The owner of a building or premises, his agent for the purpose of managing, controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register with the Village Clerk of the Village of Woodbury the following information:

(a) The address of the premises.

(b) The name of the owner of the premises and the names of the beneficial owners if the property is in a land trust.

(c) The address(es) of the owner and the beneficial owners.

(d) The name(s) of the owner and the beneficial owners.

(e) The name(s) of the owner, beneficial owner or the major stockholders of the business or the establishment subject to the provisions of this section.

(f) The address of those persons named in Subsection C(1)(e).

(g) The date of initiation of the adult use.

(h) The nature of the adult use.

(i) If the premises or building is leased, a copy of said lease must be attached.

(2) It is unlawful for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without first having properly registered and received certification of approved registration.

(3) The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises a copy of the registration form approved by the Village Board of the Village of Woodbury.

D. Exterior display prohibited. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

E. Severability; penalties for offenses.

(1) If any provision of this section or the application of any provision to any item in this section is held invalid, the invalidity of that provision or application shall not affect any of the other provisions or the application of those provisions to other items in this section.

(2) Any person violating any of the provisions of this section shall be fined not less than $50 nor more than $250 for each offense and may, in addition to any such fine, be imprisoned for a term not to exceed six months; each day such violation shall continue shall be regarded as a separate offense.

F. Site plan and special permit required. Any use permitted by this section shall be deemed a special permit use and shall be treated as all other special permit uses in the manner set forth in § 310-45, including the holding of a public hearing. All such uses shall qualify for a special permit use from the Planning Board after complying with the guiding principles and standards set forth in § 310-45 of this chapter.

§ 310-38 Wireless telecommunications facilities siting.

[Amended 7-13-2017 by L.L. No. 3-2017; 8-17-2020 by L.L. No. 8-2020]

A. Purpose. Legislative intent and federal history.

(1) The Telecommunications Act of 1996 and subsequent Federal Communications Commission (FCC) ruling affirm the Village of Woodbury's authority concerning the placement, construction and modification of wireless telecommunications facilities. The Village Board of the Village of Woodbury finds that wireless telecommunications facilities may pose a unique hazard to the health, safety, public welfare and environment of the Village of Woodbury and its inhabitants. The Village Board also recognizes that facilitating the deployment of wireless service technology can be an economic development asset to the Village and of significant benefit to the Village and its residents. In order to ensure that the placement, construction or modification of wireless telecommunications facilities is consistent with the Village's land use policies, the Village Board is revising its single, comprehensive wireless telecommunications facilities application and permit process. The intent of this section is to minimize the negative impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental and aesthetic impacts of such facilities, acknowledge changes in technologies and commercial carrier needs, and protect the health, safety, and welfare of the Village of Woodbury.

(2) In November 2009 the Federal Communications Commission (FCC) adopted a Declaratory Ruling (WT Docket No. 08-165), which sets forth timeframes in which a local authority must act on a wireless facility siting application ("Shot Clock"), and in 2012 Congress enacted the Middle Class Tax Relief and Job Creation Act ("TRA"), which under Section 6409 imposes additional limitations on state and local laws and regulations pertaining to the siting and modification of wireless telecommunications facilities and defines eligible facilities requests (EFR) to modify an existing wireless tower or base station within certain timeframes. The FCC's October 21, 2014 Wireless Infrastructure Report and Order defines substantial and nonsubstantial modifications to existing cell sites and provides information on small cells, distributed antenna systems (DAS), and work in the public right-of-way (ROW). It's September 26, 2018 Declaratory Ruling and Third Report and Order (FCC 18-133) describes FCC-identified regulatory "barriers" that inhibit the deployment of infrastructure including small cells necessary for network densification, advanced technology platforms such as 5G that are anticipated to be rolled out, and other advanced wireless services. This order also discusses local, environmental, and historic reviews of wireless facilities, including small cells, and offers criteria for aesthetics and fees. In recognition of changes in wireless technology and evolving federal and state legislation and regulations, the Village has adopted amendments to § 310-38 to better assist in the processing and review of proposed new wireless telecommunications facility applications, and in the management of existing facilities within the Village's borders.

(3) This section provides specific procedures to better assist in the processing and review of applications for proposed modifications and changes to existing wireless telecommunication facilities, and to process and assess proposals for small cell technology within the Village. This section shall not apply to licensed or unlicensed wireless telecommunication services or facilities installed wholly within a principal or accessory building, such as but not limited to indoor DAS, direct-to-home satellite services or direct broadcast service (DBS), signal repeaters, baby monitors, heart monitors, garage door openers, burglar alarm transmitters, RF smart meters deployed at a building or property by regulated utility companies that serve the Village, in-home or in-building Wi-Fi, and other such technologies that serve a single building or business, or a single commercial or institutional setting and which do not present safety, health, or aesthetic impacts to the general public.

B. Consistency with federal regulations. These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, as defined in this chapter or by the FCC, nor shall they be used to discriminate among providers of functionally equivalent services, consistent with federal regulations.

C. Depending on the nature of a particular wireless telecommunications facility proposal, other sections of the Zoning Code may apply, including but not limited to Chapter 208 (Noise), Chapter 305 (Wireline Telecommunications), § 310-45 (Site plan), Chapter 122 (Double Utility Poles), and Chapter 165 (Wetlands).

D. Definitions; word usage. For purposes of this section, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

ACCESSORY FACILITY OR STRUCTURE

An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets or emergency back-up power generators.

AESTHETICS

Outward appearance: the way an item or structure looks, especially when considered in terms of style, color, texture, finish, and material, including but not limited to towers or other support structures, antennas, antenna mounts and cabling, equipment shelters, fencing, and landscaping. Aesthetic standards and samples of wireless facility aesthetic designs that are preferred in the Village of Woodbury will be kept on file with the Village Building Department in electronic format.

ANTENNA

A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include but are not limited to radio, television, cellular, LTE, 4G, 5G, paging, personal communications services, and microwave telecommunications.

ANTENNA ARRAY

A set or group of antennas associated with a single wireless telecommunications facility (e.g., a group of panel antennas located at the same height on a tower or other structure) for use by a particular carrier of telecommunications wireless services.

APPLICANT

Any person or entity submitting an application to the Village of Woodbury for a special permit, site plan, and/or building permit for wireless telecommunications facilities.

APPLICATION

The form approved by the Planning Board or Building Department, together with all necessary and appropriate documentation that an applicant submits in order to receive a special permit, site plan approval, and/or a building permit for wireless telecommunications facilities. It is noted that applications for variances may also be required for certain proposed wireless telecommunications facilities.

BOARD

The Planning Board of the Village of Woodbury, except as otherwise noted.

CAMOUFLAGED FACILITY

A wireless telecommunications facility in which antennas and other equipment is disguised or shielded from views by use of colors and textures that blend with the environment, or is placed within or behind an enclosure, cover, or screening wall or otherwise hidden by surrounding vegetation, such that it is essentially screened from public views and adequately disguised as part of a building or other structure. Aesthetic standards and samples of preferred wireless facility aesthetic designs - including camouflagingWill be kept on file with the Village Building Department. Camouflaging also pertains to the stealth tree monopole configuration, in terms of pole color/texture; branch style, taper, and density.

CO-LOCATION

The use of a common telecommunications tower or structure to accommodate two or more facilities (single antenna or arrays) for wireless services by two or more carriers. The first application to locate a wireless facility on an existing nontelecommunications tower or structure is to be submitted to the Planning Board for special permit and site plan review pursuant to this section. Any applications for minor modifications (see definition), including co-location on an existing nontelecommunications structure (e.g., the second or third application at such structure) or co-location on an existing wireless telecommunications facility that meets the definition of a minor modification, are to be submitted to the Building Department for a building permit. All major modifications (see definition) shall be processed pursuant to this section, including the submittal of an application to the Planning Board for site plan and special permit review.

COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE

Shall have the meaning in this section and any special permit granted hereunder as is defined and applied under the New York Uniform Commercial Code (UCC).

COMPLETED APPLICATION

An application that contains all information and/or data necessary to enable the Board or Building Department to evaluate the merits of the application, and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the Village in the context of the permitted land use for the particular location requested.

DIRECT-TO-HOME SATELLITE SERVICES or DIRECT BROADCAST SERVICE or DBS

Only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground-receiving equipment, except at the subscribers' premises or in the uplink process to the satellite.

DISTRIBUTED ANTENNA SYSTEM (DAS)/DAS NODE

A wireless technology consisting of a network of antenna nodes (typically affixed to existing utility poles or other low-elevation structures and installed lower to the ground than conventional panel antennas on telecommunications towers) and supporting equipment to provide wireless services within a specific geographic area. DAS may be used to provide wireless services for more than one provider. A single DAS installation (e.g., one antenna and supporting equipment on a given utility pole or other structure) is referred to as a DAS node. Any new support structures for DAS will be 50 feet or less in height above ground level.

EAF

The current version of the SEQRA environmental assessment form (short or long form, as required for a given application) approved by the New York Department of Environmental Conservation.

EPA

The state and/or federal Environmental Protection Agency or its duly assigned successor agency.

FAA

The Federal Aviation Administration or its duly designated and authorized successor agency.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless telecommunications facility, tower, or small cell or DAS node. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material (such as the support structure itself). For new towers, a hinge-point is at times incorporated into the design to reduce the structure's potential area of collapse in the case of a catastrophic failure.

FCC

The Federal Communications Commission or its duly designated and authorized successor agency.

FREESTANDING TOWER

A tower greater than 50 feet in height that is not supported by guy wires and ground anchors or other means of attached or external support.

GUYED TOWER

A tower greater than 50 feet in height that is tied to the ground or other surface by diagonal cables.

HEIGHT

When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna, lightning rod or camouflaged element.

LATTICE TOWER

A self-supporting structure greater than 50 feet in height constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

MODIFICATION, MAJOR

Modification or upgrade to an existing wireless telecommunications facility that substantially changes (see definition) the physical dimensions or visual impact of any aspect of the facility, as determined by the Village Building Inspector. Major modifications may include, but are not necessarily limited to, replacement of existing antennas with new models resulting in an increase to the number and/or height of the existing antennas in the array or on a utility pole; an increase of the overall tower or support structure height by more than 10% of the originally approved and/or constructed tower or support structure height (whichever is less); an increase to the dimensions of the existing ground-based, rooftop, pole-mounted, or other equipment area (as determined by existing perimeter fencing, existing heights of equipment shelters, aggregate volume of utility pole-mounted equipment, or other criteria); or proposed lighting or beacon where one does not currently exist.

MODIFICATION, MINOR

Modification or upgrade to an existing wireless telecommunications facility that does not substantially change (see definition) the physical dimensions or visual impact of any aspect of the facility, as determined by the Village Building Inspector (i.e., other than a major modification). Minor modifications may include, but are not necessarily limited to: replacement of existing antennas with new models that results in equal or lesser number and/or equal or lesser height of the existing antennas in the array or on the utility pole; no increase to the overall tower or support structure height (or an increase in tower/support structure height of less than 10% of the originally approved and/or constructed height [whichever is less]); or no changes to the existing dimensions of the ground-based, rooftop, pole-mounted, or other equipment area (as determined by existing perimeter fencing, existing heights of equipment shelters, aggregate volume of utility pole-mounted equipment or other criteria).

MONOPOLE

A stream-lined self-supporting pole structure greater than 50 feet in height constructed of wood, steel or concrete with below-grade foundations and with no exterior guy cables or anchors. New poles that are less than 50 feet will be considered as small cells.

MOUNT

The structure or surface upon which antennas and ancillary equipment are mounted and likely to be visible to the general public, including, but not limited to the following types of mounts:

(1) ROOF-MOUNTED Mounted on the roof of a building.

(2) SIDE-MOUNTED Mounted on the side of a building.

(3) STRUCTURE-MOUNTED Mounted on a telecommunication tower structure, utility pole, or structure other than a building. This includes antenna array frame systems, single antennas on a utility pole, or antennas mounted flush to the structure surface.

NIER

Nonionizing electromagnetic radiation.

PERSON

Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity.

PERSONAL WIRELESS FACILITY

See the definition for "wireless telecommunications facilities."

PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS

Shall have the same meaning as defined and used in the 1996 Telecommunications Act, or subsequent FCC rulings.

RADIO FREQUENCY (RF) RADIATION

The transmission RF emissions from operational wireless telecommunications facilities.

RADIO FREQUENCY (RF) TECHNICAL EXPERT

A certified or licensed radio frequency (RF) engineer specializing in electrical or microwave engineering, specifically the study of radio frequencies.

REPEATER

A small receiver/relay transmitter designed to provide service to areas that are not able to receive adequate coverage directly from a primary sending and receiving site in a wireless telecommunications network.

SECURITY BARRIER

A locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.

SENSITIVE RECEPTOR

A place/land use (e.g., historic property, scenic overlook, wetland, ridge preservation overlay district) that may have an increased sensitivity to views or noise generated by a telecommunications facility, including those on towers or other structures, and small cells.

SEPARATION (co-located equipment)

The distance between one carrier's antenna or array of antennas and another carrier's antenna or array of antennas.

SETBACK

The distance in feet between a structure used to accommodate a wireless telecommunications facility, antenna, or any element of the facility and a property line, (ROW boundary, or an identified physical feature such as an occupied structure on the property or a natural feature such as a watercourse or regulated wetland.

SMALL CELLS/SMALL CELL NODE

Low-powered wireless antennas and base stations that function like cells in a mobile wireless network, typically covering localized outdoor areas such as traffic and transit corridors, commercial or shopping districts, and other places of congregation, and in areas where additional network coverage and capacity may be required to supplement existing wireless service. Small cell antennas and supporting equipment are typically affixed to new or existing utility poles or other structures and installed lower to the ground than conventional panel antennas on telecommunications towers to provide wireless services within a specific geographic area. Small cells are typically used to provide wireless services for one provider. A single small cell installation (e.g., one antenna and supporting equipment on a given utility pole or other structure, with a maximum height from the grade to the highest element of no greater than 50 feet) is referred to as a node. Any new support structures for a small cell will be 50 feet or less in height above ground level.

SPECIAL PERMIT

The official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the Village. This will include a site plan approval unless waived by the Board. A special permit is required for new tower applications, small cell or DAS applications where one or more new poles are proposed, the first application on an existing nontelecommunications tower or structure, including existing utility poles, all major modifications to existing wireless facilities, and as determined by the Building Department and in this section.

STATE

The State of New York.

STEALTH TECHNOLOGY/STEALTH STRUCTURE

A method of installing and/or constructing wireless telecommunications facilities with designs that conceal or disguise their presence (see "camouflaged facility" definition). This may include but is not limited to the use of color-matching, antenna concealment systems for small cells and rooftop proposals, screening walls, artificial tree limbs for new telecommunications towers, landscaping around ground-based equipment areas, and installing ancillary equipment underground.

SUBSTANTIAL CHANGE

An increase in the size of an existing telecommunications tower; an increase in size or positioning of existing wireless telecommunications facility equipment at other structures such as a rooftop, water tank, or utility pole that accommodates a permitted antenna facility; or a change in existing ground-based equipment consisting of one or more of the following:

(1) Height/antenna placement: the mounting of antennas on a telecommunications tower greater than 50 feet tall or nontelecommunications structure that would increase overall structure height (e.g., top of tower, structure, or top of existing antenna) by more than 10% of the height originally approved or constructed (whichever is less). The mounting of the proposed antennas may exceed the height limits set forth in this subsection if necessary to avoid interference with existing antennas. For modifications to permitted DAS or small cell nodes, the pole shall not be increased above 50 feet in height and the aggregate volume of all above-grade antennas and ancillary equipment shall be a maximum of 35 cubic feet at any node;

(2) Ground-based and ancillary equipment: the installation of additional equipment cabinets or shelters that would increase the overall dimension of the existing ground-based compound, rooftop, or other equipment compound by more than 10% of the existing. This is including but not limited to the perimeter of existing security fencing or the height of the tallest existing element (e.g., top of ice bridge or shelter) as measured from surrounding grade or other markers at tower sites. New equipment proposed at a small cell site that exceeds the aggregate volume noted above may be proposed to be placed below grade;

(3) Ground-based equipment: the excavation outside the current tower or other structure site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. For small cell sites, no equipment shall be installed at grade unless placed within the base of a decorative pole and approved by the Board;

(4) Ancillary equipment: the installation of new or additional generators, resulting in increases to noise at the property line by more than conditions of Chapter 208;

(5) Lighting: the installation of new FAA- or FCC-required or other lighting on the tower structure, or an increase in ground-based, rooftop, or other lighting that increases impacts by more than 10% from permitted conditions. Strobe or flashing lighting will not be permitted without documentation of FAA or other applicable requirements, and multiple proposals to modify the wireless facility lighting at a particular site may require the submittal and Village review of a site-specific lighting plan. Lights at small cell nodes such as a proposed street light that conforms to existing lighting in the area may be permitted by the Board or Building Department; or

(6) The addition of an appurtenance to the body of the tower or structure (excluding small cells and DAS nodes) that would protrude horizontally from the edge of the existing support structure by three feet or more than the distance that existing appurtenances protrude from the edge of the existing support structure, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable.

TELECOMMUNICATIONS

The transmission and reception of audio, video, data and other information by wire, radio frequency, light and other electronic or electromagnetic systems.

TELECOMMUNICATIONS SITE

See the definition for "wireless telecommunications facilities."

TELECOMMUNICATIONS STRUCTURE

A structure used in providing the services described in the definition of "wireless telecommunications facilities."

TEMPORARY

In relation to all aspects of this section, something intended to, or that does, exist for fewer than 90 days.

VILLAGE

The Village of Woodbury, New York.

WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY

A structure, facility, or location designed or intended to be used as, or used to support, antennas and ancillary or accessory equipment. It includes, without limit, freestanding towers, lattice towers, guyed towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a multistory building, church steeple, silo, water tower, sign, utility poles, or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal telecommunications services (including 4G, LTE, and 5G licensed frequencies), emergency services, or microwave telecommunications, but excluding those used exclusively for Village or Town fire, police and other dispatch telecommunications, or exclusively for private radio and private citizen's bands, amateur radio and other similar telecommunications.

E. Policy and goals for special permits and building permits.

(1) In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the Village's health, safety, public welfare, environmental features and other aspects of the quality of life specifically listed elsewhere in this section, the Village Board hereby adopts an overall policy with respect to a special permit and/or building permit for wireless telecommunications facilities for the express purpose of achieving the following goals:

(a) Implementing an application process for person(s) seeking a special permit for wireless telecommunications facilities.

(b) Implementing an application process for person(s) seeking a building permit for a minor modification or co-location (see definitions) to an existing wireless telecommunications facility with an existing special permit or building permit.

(c) Establishing a policy for examining an application for issuing a special permit or building permit for wireless telecommunications facilities that is both fair and consistent, and in accordance with timeframes and fees promulgated by the FCC.

(d) Establishing reasonable timeframes for granting or not granting a special permit for wireless telecommunications facilities, or recertifying or not recertifying or revoking the special permit granted under this section.

(e) Establishing reasonable timeframes for granting or not granting a building permit for a wireless telecommunications facility.

(f) Promoting and encouraging, wherever possible, the sharing and/or co-location of wireless telecommunications facilities among service providers.

(g) Promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner as to minimize adverse aesthetic impacts to the land, property, buildings and other land uses adjacent to, surrounding and in generally the same area as the requested location of such wireless telecommunications facilities. Recognizing the needs for network densification and service particularly in high use areas including but not limited to state and county highways and roads, shopping districts, transit hubs and corridors, hotel zones, and commercial/industrial areas as corresponding to the Village Comprehensive Plan.

(h) Exempting proposed small cell and DAS nodes from special permit requirements where the facilities are situated on new or existing utility poles not exceeding 50 feet in height in the county or state rights-of-way within the Village. Such DAS and small cell site facilities shall require a building permit if the Building Inspector does not identify reason to refer the application to the Planning Board for special permit review based on aesthetics, proximity to sensitive receptors, or other reason. The Building Inspector shall be empowered to request supporting information on agreements between the applicant and pole owner (structural analysis, definition of communication zone where small cell equipment is allowed on existing poles); information on the FCC-licensed provider(s) of wireless services utilizing small cell and DAS technology, including coverage and/or capacity need documentation; and technical information and samples of specifications, cut sheets, aggregate equipment volumes, heights of mounted equipment, and color/texture options for such DAS and small cell antennas and ancillary equipment, and to condition the issuance of a building permit upon implementation of stealth technology or other measures which mitigate visual effects to the maximum extent possible. No more than five small cell nodes involving locations in county or state rights-of-way shall be submitted in a single application to the Building Department.

(2) Where DAS and small cells are situated on existing utility poles or on new utility poles on property in the Village of Woodbury, including existing poles and structures in the Village-owned right-of-way, municipal or private property or any other municipal corporation within the Village of Woodbury, a special permit shall be required. No more than three small cell or DAS nodes located along transit corridors or in shopping/hotel districts, and no more than three small cell or DAS nodes involving locations in Village rights-of-way or other property shall be submitted in a single application to the Board. For all proposed small cell/DAS nodes, the aggregate volume of the antenna at each node, including antenna enclosure and mount, will not exceed three cubic feet. The aggregate volume of all other visible equipment, including but not limited to meter boxes, radio shrouds, and conduits affixed to the utility pole, will not exceed 25 cubic feet at each node. The minimum height of any pole-mounted equipment shall not be less than eight feet above surrounding grade. For all proposed small cell or DAS sites within the Village, no equipment shall be installed at grade unless placed within the base of a decorative pole and approved by the Board.

(3) Small cell and DAS nodes located on structures other than utility poles (e.g., rooftops, water tanks, large commercial signage) shall require a special permit unless the proposal is in accordance with the co-location and minor modification definitions of the code. A building permit will be required for all small cell and DAS nodes located in the Village.

(4) Small cell and DAS node applications for special permit and building permit may include multiple, contiguous nodes that are documented to be part of the same service objective; however, no more than three or five nodes shall be included in any single application submitted to the Village in accordance with the information in this section.

F. Special permit application; other requirements.

(1) All applications for a special permit for wireless telecommunications facilities or any major modification of such facility shall comply with the requirements set forth in this section. The Board is the officially designated agency or body of the community to whom applications for a special permit for wireless telecommunications facilities must be made and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying or revoking special permits for wireless telecommunications facilities. The Board may, at its discretion, delegate or designate other official agencies of the Village to accept, review, analyze, evaluate, and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special permits for wireless telecommunications facilities.

(2) An application for a special permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, or ROW entity/pole owner for small cell proposals, if different from the applicant, shall also sign the application. At the discretion of the Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

(3) Applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected by the Board.

(4) The applicant(s) shall include a statement in writing:

(a) That the applicant's proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special permit, without exception, unless specifically granted relief by the Board, in writing, as well as all applicable and permissible local codes, ordinances and regulations, including any and all applicable federal, state and county laws, rules and regulations;

(b) That the construction of the wireless telecommunications facilities is legally permissible, including but not limited to the fact that the applicant is authorized to do business in New York State.

(5) No wireless telecommunications facilities shall be modified with a major modification, installed, or constructed until the site plan is reviewed and approved by the Board pursuant to Article VIII, site plan and special permit Review and Approval, § 310-45, and the special permit has been issued.

(6) All applications for the construction or installation of new wireless telecommunications facilities (including small cell and DAS applications) or a major modification of an existing wireless telecommunication facility shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed professional engineer registered in the state. Where this section requires certification, such certification shall be by a licensed New York State professional engineer acceptable to the Board and Building Inspector, unless otherwise noted. The application shall include, in addition to the other requirements for the special permit, the following information:

(a) Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily within the Village. If the applicant is a tower or infrastructure company (and not an FCC-licensed wireless carrier), the name(s) of the wireless carrier(s) and associated information for the carrier(s) as described below and elsewhere in this chapter shall be included in the application.

(b) Name, address and phone number of the person preparing the report.

(c) Name, address and phone number of the property owner, operator, and applicant, to include the legal form of the applicant. For small cells and DAS applications, the property owner, utility pole owner, and ROW holder (as applicable) shall also be defined.

(d) Postal address and tax map parcel number of the property. For small cells and DAS located in a Village, county, or state ROW, appropriate right-of-way information such as utility pole number and coordinates shall be provided.

(e) Zoning district or designation in which the property is situated.

(f) Size of the property, stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines. For sites proposed within the right-of-way, the dimensions of the right-of-way and locations of existing and proposed overhead/subsurface utilities and adjoining property lines shall be indicated.

(g) Location of nearest residential structure.

(h) Location of nearest habitable structure.

(i) For sites outside of a right-of-way, the location, size and height of all existing structures on the property which is the subject of the application.

(j) Location, size (including aggregate bulk equipment dimensions for each small cell or DAS node), and height of all proposed and existing antennas and all appurtenant structures including support structures and accessory equipment.

(k) Type, locations and dimensions of all proposed and existing landscaping and fencing. If vegetation or trees are proposed to be removed or pruned, a tree removal and preservation plan shall be developed.

(l) The number, type and design of the antenna(s) proposed and the basis for the calculations of the telecommunications tower's, utility pole's, or other structure's capacity to accommodate multiple users.

(m) The make, model and manufacturer of the tower/pole and antenna(s) and all ancillary equipment (including but not limited to remote radiohead units, tower-mounted amplifiers, over-voltage protectors, dish antennas, electric meters, pole-mounted shrouds, back-up generators, and stealthing measures).

(n) A description of the proposed tower/pole and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including heights above existing grade, materials, color and lighting.

(o) The frequency, modulation and class of service of radio or other transmitting equipment, inclusive of licensed cellular, PCS, 4G, LTE, AWS, 5G and other technologies.

(p) Transmission and maximum effective radiated power in watts of the antenna(s) and antenna sectors.

(q) A noise analysis, defining sound in dBA from the proposed facility at the nearest property line and in conformance with Chapter 208 criteria.

(r) Direction of maximum lobes and associated radiation of the antenna(s) and antenna sectors.

(s) Applicant's and/or owner's proposed tower/pole maintenance and inspection procedures and related system of records.

(t) Certification that NIER levels at the proposed facility are within the threshold levels adopted by the FCC, with supporting modeling, data, and other calculations that demonstrate the current FCC health-based criteria.

(u) Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices.

(v) A copy of the FCC license applicable for the use of wireless telecommunications facilities. For small cells and DAS in the public state or county ROW, a copy of the NYS Power Service Commission (PCS) license to locate within the right-of-way shall also be submitted where applicable.

(w) Structural analysis or certification by a NYS P.E. that an existing or new structure on which a wireless telecommunications facility is proposed has adequate structure capacity to accommodate such installation. For new towers greater than 50 feet in height, the applicant's engineer shall also certify that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrata, and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site.

(x) Signal propagation and/or capacity studies for the proposed site - and all adjoining proposed, in-service, or existing sites of that wireless carrier - that demonstrate service shortfalls and the need for the proposed facility. The submitted technical information shall include all FCC-licensed frequencies that are proposed in the application along with in-building and in-vehicle (or comparable) signal strengths.

(y) The applicant shall disclose, in writing, any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunications tower or new small cell or DAS facility that it constructs. For new small cell/DAS facilities in the rights-of-way, a letter shall be submitted which identifies applicable Chapter 305 criteria, including §§ 305-8, 305-55, 305-56, 305-57, 305-58, and 305-59; requests that criteria of Chapter 305 be waived; and/or affirms that the applicable Chapter 305 criteria have been met.

Any proposed waivers to above items shall be clearly identified in the application with reason for proposing the item be waived.

(7) Where the application is for the shared use of an existing telecommunications tower(s) or other structure, or for DAS/small cells, the applicant should seek to waive any section or subsection of this section that may not be required.

(8) In the case of a new telecommunications tower or structure (including a utility pole for a small cell or DAS node that require a special permit from the Board), the applicant shall be required to submit a written report demonstrating its efforts to secure shared use of existing telecommunications tower(s) or use of existing buildings, existing small cell sites, or other existing structures within the Village. Copies of written requests and responses for shared use shall be provided to the Board. If co-locating at existing cell sites cannot work from a technical basis, the applicant shall submit a technical report describing these supporting analyses.

(9) The applicant shall furnish written certification that the telecommunications facility, foundation and attachments are designed and will be constructed "as built" to meet all federal, state, county and local structural requirements for loads, including wind and ice loads. The NYS Uniform Building Code and the latest release of TIA-222 shall be utilized and referenced on Drawings and in the structural analyses provided.

(10) The applicant shall submit a completed long-form EAF for all special permit applications.

(11) If requested by the Board, the applicant shall furnish a visual impact assessment, which shall include:

(a) A zone of visibility map which shall be provided in order to determine locations where the proposed facility may be seen.

(b) Pictorial representations of "before" and "after" views (photosimulations) from key viewpoints both inside and, if applicable, outside of the Village, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents.

(c) An assessment of the visual impact of the tower base, guy wires (if any), small cell equipment mounted to the pole and overhead power or fiber connections, and accessory buildings/structures on abutting and adjacent properties and streets.

(d) Photo examples of existing wireless facilities (such as monopoles, stealth tree monopoles, other structures, small cell nodes) that are similar in appearance and height to what is being proposed.

(12) Any representations made by the applicant to the Board, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon by the Board.

(13) The applicant shall, in a manner approved by the Board, demonstrate and provide in writing and/or by drawing how it shall mitigate or effectively screen from view its proposed wireless telecommunications facilities' base, pole-mounted equipment, and all related facilities and structures.

(14) All utilities from wireless telecommunications facility sites shall be installed underground and in compliance with all laws, rules and regulations of the Village, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The Board may waive or vary the requirements of undergrounding installation of utilities whenever, in the opinion of the Board, such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area. For small cells, no equipment shall be installed at grade unless placed within the base of a decorative pole and approved by the Board or Building Inspector.

(15) All wireless telecommunications facilities shall contain a demonstration that the facility be sited so as to have the least adverse visual effect on the environment and its character and the residences in the area.

(16) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize use of building materials, colors, and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings.

(17) At a telecommunications site, an access road and parking, as required, shall be provided to assure adequate emergency access. Maximum use of existing roads and grades, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation-cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion as well as to provide proper drainage. No access road or parking shall be proposed for small cell or DAS nodes.

(18) A person who holds a special permit or building permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current technical, safety and safety-related codes adopted by the federal government, state, county or Village, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsibly workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include but are not limited to construction, building, electrical, fire, safety, health and land-use codes. In the event of a conflict between any of the preceding, the more stringent shall apply.

(19) A holder of a special permit granted under this section shall obtain, at its own expense, all permits, including a building permit from the Village, and licenses required by applicable rules, regulations or laws and must maintain the same, in full force and effect, for as long as required by the Village or other governmental entity or agency having jurisdiction over the applicant.

(20) With respect to this application process, the Board will declare its intent to serve as lead agency, pursuant to the State Environmental Quality Review Act (SEQRA). The Board shall conduct an environmental review of the proposed project in combination with its review of the application and site plan under this section.

(21) An applicant shall submit to the Building Department the number of completed applications determined to be needed. A copy of the application form for all wireless facility applications involving a new structure (tower, utility pole) shall be provided for the Building Department to submit to the legislative bodies of all adjacent municipalities and to the Orange County Planning Department. General Municipal Law referrals for other types of wireless facility applications, if needed, will be submitted by the Building Department.

(22) For proposed new structures greater than 50 feet in height, the applicant shall examine the feasibility of designing to accommodate future demand for at least three additional commercial applications, for example, future co-locations. The scope of this examination shall be determined by the Board. The telecommunications tower and foundation shall be structurally designed to accommodate at least three additional antenna arrays equal to those of the applicant and located with minimal separation distance to the applicant's antenna/antenna array as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the telecommunications tower is not technologically feasible or is commercially impracticable and creates an unnecessary and unreasonable burden, based upon:

(a) The foreseeable number of FCC licenses available for the area;

(b) The type of wireless telecommunications facility site and structure proposed;

(c) The number of existing and potential licenses without wireless telecommunications facility spaces/sites;

(d) Available space on existing and approved telecommunications towers.

(23) The applicant shall submit to the Board a letter of intent committing the owner of the proposed new telecommunications facility, and his/her successors in interest, to negotiate in good faith for shared use of the proposed facility by other telecommunications providers in the future. This letter shall be filed with the Board. For towers greater than 50 feet in height, copies of correspondences soliciting co-location interest from other commercial carriers shall be submitted with the letter to the Board. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new tower owner or wireless facility operator and their successors in interest to:

(a) Respond within 60 days to a request for information from a potential shared-use applicant;

(b) Negotiate in good faith concerning future requests for shared use of the new facility by other telecommunications providers;

(c) Allow shared use of the new tower/facility if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity less depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

(24) The holder of a special permit shall notify the Building Department of any intended minor modification of a wireless telecommunications facility and shall apply to the Building Department to modify, relocate, or rebuild a wireless telecommunications facility. The Building Inspector reserves the right to refer such application to the Planning Board for review, and may deem the application to require a special permit based on criteria noted above.

(25) In order to better inform the public, in the case of a new telecommunications facility that is greater than 50 feet in height, the applicant shall, prior to the public hearing on the application, hold a "balloon test" as follows. The balloon test does not apply for proposed facilities located on existing, nontelecommunications structures such as building roofs, water tanks, or commercial signage. The Board will determine the need for a balloon test for proposed small cell or DAS nodes, depending on location and proximity to sensitive receptors and if proposed in a designated Ridge Preservation district.

(a) Applicant shall arrange to fly or raise upon a temporary mast, a minimum three-foot-diameter brightly colored balloon at the maximum height of the proposed new tower. The scope and methodologies for the balloon test, along with specific areas of interest from which to record balloon visibility and utilize in the viewshed map and photosimulations, will be reviewed and approved by the Board and Board consultants before conducting the field test.

(b) The dates (including a second date, in case of poor visibility, rain or wind on the initial date), times and location of this balloon test shall be advertised by the applicant, at least seven and not more than 14 days in advance of the first test date in the Village's official newspaper.

(c) The applicant shall inform the Board, in writing, of the dates and times of the test, at least 14 days in advance.

(d) The balloon shall be flown for at least eight consecutive hours between 7:00 a.m. and 4:00 p.m. on the dates chosen.

(e) The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday.

(26) Upon issuance of a special permit from the Board, the applicant will apply for a building permit. All conditions from the special permit approval resolution will be addressed to the satisfaction of the Building Inspector prior to the building permit being issued.

(27) After construction and prior to receiving a certificate of occupancy, the applicant shall furnish written certification that the wireless telecommunications facilities are grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.

G. Building permit application for minor modifications; co-locations for existing wireless telecommunication facilities; small cells or DAS in county or state rights-of-way; other requirements.

(1) The Building Department may issue building permits for proposed minor modifications and proposed co-locations at existing, permitted wireless telecommunications facilities; for proposed co-locations at other structures (e.g., rooftops, water tanks) after the first such co-location; and certain applications for small cell and DAS nodes, provided that all of the requirements set forth herein are met. With the building permit, a new or amended special permit or site plan shall not be required for the below-specified minor modifications, co-locations, and small cell/DAS nodes:

(a) If the applicant is proposing minor modifications to an existing permitted wireless facility, as defined in this section, and:

[1] It is demonstrated that transmit power, frequency/class of service, and NIER levels remain within FCC Maximum Permissible Exposure (MPE) criteria; and

[2] It is demonstrated that the proposed modification equipment and installation would not exceed the structural capacity of the existing facility or structure, including but not limited to foundations, supports, and existing antenna mounts; and

[3] No additional local, county, or state approvals/permits are required (e.g., FAA, NYSDOT, NYSDEC), other than a building permit; and

[4] The existing wireless telecommunications facility or structure complies with the provisions of § 310-38 and all other applicable provisions of the Village Zoning Code and other law outside of this section, including but not limited to all applicable zoning restrictions, height restrictions, and building permit requirements, if any.

(b) If the applicant is proposing co-location of new wireless equipment at an existing wireless telecommunications facility as defined in this chapter, and:

[1] For proposed co-locations at an existing wireless telecommunications facility where the proposed co-location is on a permitted tower/pole which contains one or more telecommunication facilities that have been approved in accordance with this section, provided that the height of the existing structure is not increased by more than 10% of the originally approved tower height at time of construction (provided that it does not increase the overall tower height to over 200 feet); there is no change to the lighting scheme at the site or noise at the nearest property line; and all height, setback and design requirements as set forth in this section or in the original site plan approval are met. All accessory structures, including, but not limited to, equipment, equipment cabinets, equipment sheds/shelters, generators, etc., must also comply with the standards set forth in this section; and

[2] For proposed co-locations on a rooftop or other structure (including, but not limited to, water tanks and utility poles within the Village or rights-of-way) where one or more wireless telecommunications facility exists at the time of application and where no increase in height is proposed (as determined by the existing rooftop element with the highest elevation or the existing antenna height on the support structure), provided that there is no change to the approved lighting scheme at the site or noise at the nearest property line, and provided that all height, setback, and design requirements as set forth in this section or in the original site plan approval are met. Antennas and all accessory structures, including, but not limited to, equipment, cables, equipment cabinets, equipment sheds/shelters, generators, etc., must also comply with the standards set forth in this section, and all other provisions of law in this chapter and outside of this chapter of the Village Code. It is noted that co-location of small cells/DAS on a common utility pole may be entertained to reduce the proliferation and consolidate these facilities; however, the height of any small cell or DAS node may not be increased above 50 feet, and the aggregate volume of the antenna and visible ancillary equipment at each node location shall not increase above that which was approved by more than 25%. The Building Inspector will determine if additional bulk, height, or other potential visual impacts will necessitate referral of such co-location applications to the Planning Board. For small cell sites, no equipment shall be installed at grade unless placed within the base of a decorative pole and approved by the Board; and

[3] It is demonstrated that transmit power, frequency/class of service, and NIER levels remain within FCC MPE criteria; and

[4] It is demonstrated that the proposed co-location equipment and installation would not exceed the structural capacity of the existing wireless facility or other support structure, including but not limited to foundations, supports, and existing antenna mounts; and

[5] No additional local, county, or state approvals/permits are required (e.g., FAA, NYSDOT, NYSDEC), other than a building permit; and

[6] The existing wireless telecommunications facility or structure complies with the provisions of this section and all other provisions of law in this chapter and outside of this chapter, including but not limited to all applicable zoning restrictions, height restrictions, and building permit requirements, if any.

(c) If the applicant is proposing the construction of a new small cell or DAS facility in county or state rights-of-way, as defined in this chapter, and:

[1] The facility will not exceed 50 feet in height (on an existing or new utility pole);

[2] The style, materials, colors, and other aesthetics will match the character of the surrounding area and right-of-way features, to be reviewed by the Building Inspector;

[3] The aggregate volume of the antenna at each node, including antenna enclosure and mount, will not exceed three cubic feet;

[4] The aggregate volume of all other visible equipment, including but not limited to meter boxes, radio shrouds, and conduits affixed to the utility pole, will not exceed 25 cubic feet at each node;

[5] The minimum height of any pole-mounted equipment is not less than eight feet above surrounding grade;

[6] The following information will be furnished for Building Department review: supporting information on agreements between the applicant and pole owner (structural analysis, description of communication zone where small cell equipment is allowed on an existing utility pole); coverage and/or capacity need documentation and other technical information; samples of specifications, cut sheets, and equipment details with dimensions and volumes; heights of all mounted equipment; color/texture options for such antennas and ancillary equipment; and letter affirming that Chapter 305 criteria that is applicable to the application have been met;

[7] It is demonstrated that transmit power, frequency/class of service, and NIER levels are within FCC MPE criteria;

[8] It is demonstrated that the proposed small cell equipment and installation would not exceed the structural capacity of the pole or other support structure, including but not limited to foundations, supports, and existing equipment affixed to the pole/structure;

[9] No additional local, county, or state approvals/permits are required (e.g. FAA, NYSDOT, NYSDEC), aside from the building permit;

[10] The existing wireless telecommunications facility or structure complies with the provisions of this section and all other provisions of law in this chapter and outside of this chapter, including but not limited to all applicable zoning restrictions, height restrictions, and building permit requirements, if any; and

[11] No more than five small cell nodes located in county or state rights-of-way shall be submitted in a single application to the Building Department.

(2) Building permit application requirements. Four copies of the materials listed in § 310-38D(6) and current building permit application forms shall be submitted to the Building Department, which shall certify that the application is complete before the application is reviewed. Waivers from certain application items may be proposed in writing to the Building Inspector at the time of the application.

(3) The Building Department may refer minor modification, co-location, and small cell/DAS applications to the Planning Board for recommendation on visual effects and proximity to sensitive receptors in accordance with this chapter. The Planning Board may recommend that an application be considered a major modification (or require a special permit), provided that it finds and states that the facility for which the permit is requested would, if erected, constructed, or altered as proposed, cause one or more harmful visual effects under guideline herein. Prior to recommendation that an application be considered as a major modification or for a special permit, the Planning Board shall afford the applicant an opportunity to meet with it and discuss suggestions for changes in the application. The Planning Board may determine the application to be a minor modification upon finding that the facility or structure for which the permit is requested, if erected or altered in accordance with the submitted plan would be in harmony with this chapter. If the Building Department determines that a minor modification, co-location, or small cell/DAS application is a major modification or Planning Board review is requested, then the applicant will be notified within 30 business days of receipt of the application, notwithstanding all other provisions of law outside of this chapter.

H. Location of facilities.

(1) Applicants for new wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, "One" being the highest priority and "Eight" being the lowest priority:

(a) One: co-location on existing and approved telecommunications towers.

(b) Two: co-location on a site or structure with existing wireless telecommunications facilities, on Village-owned property that accommodates an aboveground water storage tank (including co-location on the water storage structure but excepting construction of a new tower structure on the property that is greater than 50 feet in height), or on other structures that do not abut residential properties in the following zones: TV Transit Village, LC Limited Commercial, HB Hamlet Business, OP Office Park, LIO Light Industrial Office Park, IB Industrial Business.

(c) Three: on other tall structures not located in residential areas R-3A, R-2A, R-1A, R-0.25A, CR (Corridor Residential), SH (Senior Housing), or CCDOD (Conservation Cluster Development Overlay District).

(d) Four: on municipally owned property not located in residential, CR, SH, or CCDOD areas.

(e) Five: on municipally owned property in any area in the Village with the exception of school buildings and historic structures.

(f) Six: on existing utility poles not exceeding 50 feet in height in state or county rights-of-way or 35 feet in Village rights-of-way that do not abut residential properties.

(g) Seven: on other existing utility poles or tall structures located in residential areas.

(h) Eight: on any other property or in other Village-owned rights-of-way.

(2) If the proposed site is not one of the three highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

(3) An applicant may not bypass sites of higher priority by stating that the site presented is the only site leased or selected. An application shall address co-location as an option, and, if such option is not proposed, the applicant must explain why co-location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.

(4) Notwithstanding the above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is in the best interest of the health, safety and welfare of the Village and its inhabitants.

(5) The applicant shall submit a written report demonstrating the applicant's review of the above locations in order of priority and demonstrating the technological reason for the site selection. If the site selected is not one of the three highest priority sites, then a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application.

(6) The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has been, is or will be considering, reviewing or planning for wireless telecommunications facilities in the Village and all municipalities adjoining the Village for a two-year period following the date of the application.

(7) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may disapprove an application for any of the following reasons:

(a) Conflict with safety and safety-related codes and requirements.

(b) Conflict with traffic needs or traffic laws or definitive plans for changes in traffic flow or traffic laws.

(c) Conflict with the historic nature of a neighborhood or historical district.

(d) The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation.

(e) The placement and location of wireless telecommunications facilities which would create an unacceptable risk or the probability of such to residents, the public, employees and agents of the Village or employees of the service provider or other service providers.

(f) Conflicts with the provisions of this section.

I. Shared use of facilities and other structures.

(1) Shared use of existing wireless telecommunications facilities shall be preferred by the Village, as opposed to the construction of a new telecommunications tower or lower-priority site. Where such shared use is unavailable, location of antennas on other preexisting structures shall be considered and preferred. The applicant shall submit a comprehensive report inventorying existing towers and other tall structures within four miles of any proposed new tower site greater than 50 feet in height, unless the applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other preexisting structures as a preferred alternative to new construction.

(2) An applicant intending to share use of an existing telecommunications tower or other structure shall be required to document the intent of the existing owner to share use.

(3) Such shared use shall consist only of the minimum antenna/antenna array technologically required to provide service within the Village, to the extent practicable, unless good cause is shown.

J. Height of telecommunications tower(s) and antennas.

(1) The applicant must submit documentation justifying to the Board the total height of any telecommunications tower, facility, and/or antenna/antenna array and the basis therefor, except for small cell/DAS applications. Such justification shall be to provide service within the Village, to the extent practicable, unless good cause is shown. For small cells/DAS using existing utility poles or other existing structures that are 50 feet or less in height in county or state rights-of-way, and 35 feet or less in Village rights-of-way, the top of any new equipment shall not extend more than six feet above these structure heights. No small cell or DAS antenna (or supporting element) shall extend to greater than 50 feet above surrounding grade, in any case.

(2) Telecommunications towers shall be no higher than the minimum height necessary. Unless waived by the Board upon good cause shown, the maximum height shall be 110 feet.

(3) Antennas and accessory equipment of wireless telecommunications facilities situated on existing building roofs shall not extend greater than 15 feet above the roofline or 10 feet above the highest existing rooftop element. Antennas and accessory equipment of wireless telecommunications facilities situated on other existing structures such as signs or water tanks shall not extend greater than 10 feet above the preexisting top height of those structures. Installation of approved antennas does not constitute an existing rooftop element or a new top height of the structure for purposes of evaluating future co-locations.

K. Visibility of facilities.

(1) Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.

(2) Telecommunications towers shall be visibly muted as stealth technology or equal and concealed where possible. Visible infrastructure shall be of a matted, nonreflective finish, and painted with a rust-preventive paint (galvanized or similar underlayment) with an appropriate color to harmonize with the surroundings), as approved by the Board, and shall be maintained in accordance with the requirements of this section.

(3) If lighting is required, applicant shall provide a detailed plan for sufficient lighting as unobtrusive and inoffensive an effect as is permissible under federal and state regulations, and an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the wireless telecommunications facilities are located.

(4) The Village's Architectural Guidelines for Wireless Telecommunications Facilities shall be consulted for preferred aesthetic and mitigation techniques (including, but not limited to colors, textures, mounting options, small cell and DAS node configurations, stealth tree design criteria such as branch density and taper, ground-based equipment, and stealth options). The guidelines will be kept on file at the Building Department.

L. Security of facilities. All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access, specifically as follows:

(1) All antennas, towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be run into or climbed.

(2) Transmitters and telecommunications control points shall be installed so that they are readily accessible only to persons authorized to operate or service them.

(3) A monitor process or security alarm system shall be provided that will be contracted with an alarm company to contact Town of Woodbury Police Department.

(4) Equipment associated with small cell/DAS installations (electric meter, shrouds) shall be a minimum of eight feet above surrounding grade on the support pole, or secured below grade.

M. Signage. Wireless telecommunications facilities shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. Smaller signage for small cell and DAS nodes shall be affixed to the subject pole or pole-mounted equipment, or otherwise as determined by the Board or Building Inspector in accordance with FCC regulations. The sign shall not be lighted unless the Board shall have allowed such lighting or unless such lighting is required by applicable provisions of law. The sign shall be approved by the Board before installation. No other signage, including advertising, shall be permitted on any facilities, antennas, antenna supporting structures or antenna towers, unless required by law.

N. Lot size and setbacks.

(1) All proposed wireless telecommunications towers and other structures, aside from utility poles, that accommodate one or more wireless telecommunications facilities shall be set back from abutting parcels. Recorded rights-of-way and road and street lines a distance sufficient to substantially contain on-site ice-fall or debris from a tower or tower failure and to preserve the privacy and sanctity of any adjoining properties. Wireless telecommunications facilities shall be located with a minimum setback from any property line a distance equal to the height of the wireless telecommunications facility or the existing setback requirement of the underlying zoning district, whichever is greater. Further, any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

(2) Setbacks for antennas and accessory structures associated with wireless telecommunications facilities located on existing rooftops shall be setback at least 10 feet from the building edge or flush-mounted to the sides of the building.

(3) Small cell/DAS facilities shall not obstruct pedestrian or vehicular traffic in any way.

O. Retention of expert assistance and reimbursement by applicant.

(1) The Board or Building Department may hire any consultant and/or expert necessary to assist in reviewing and evaluating the application and any requests for recertification.

(2) An applicant shall deposit with the Village funds sufficient to reimburse the Village for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application. The initial deposit shall be $8,000 for new special permit/site plan applications, applications for major modification, or an application for small cells/DAS requiring a special permit. The initial deposit for minor modifications and DAS/small cells not requiring a special permit shall be $3,750. The Village Building Department may also request escrow for assistance in reviewing building permit applications associated with sites approved by the Planning Board and with a special permit, including escrow to cover reviews of the building permit application materials, in-field observations during site preparation or construction, or other work. The Village Board may from time to time amend the initial escrow amounts specified herein by resolution and, additionally, separate escrow deposits may be required for the SEQR review of the application. These funds shall accompany the filing of an application and the Village will maintain a separate escrow account for all such funds. The Village's consultants/experts shall bill or invoice the Village monthly for its services in reviewing the application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500 for applications for special permit, and $1,000 for building permit applications, the applicant shall immediately, upon notification by the Village, replenish said escrow account so that it has a balance of at least $2,500 or $1,000, respectively. Such additional escrow funds must be deposited with the Village before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Village is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the applicant. Escrows for reviews of recertification applications shall be established if required by the Building Inspector.

(3) The total amount of the funds set forth in Subsection M(2) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or Building Department or its consultant/expert to complete the necessary review and analysis. Additional escrow funds as required by the Village shall be paid by the applicant.

P. Exceptions from special permit and building permit.

(1) No person shall be permitted to site, place, build, construct or modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this law without having first obtained a special permit or building permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special permit shall be required for those exceptions noted in Subsection A. Within the definition of "wireless telecommunications facilities," an exception to a special permit may also be granted for facilities used exclusively for Village fire, police and other local dispatch telecommunications, or for private radio, private citizen's bands, amateur radio and other similar telecommunications that meet the height and location criteria of this chapter.

(2) New construction, including routine maintenance on existing wireless telecommunications facilities, shall comply with the requirements of this section.

(3) All wireless telecommunications facilities existing on or before the effective date of this section shall be allowed to continue as they presently exist; provided, however, that any modification (minor or major; co-location) to existing wireless telecommunications facilities must comply with this section.

Q. Public hearing required.

(1) Prior to the approval of any application for a special permit for a new wireless telecommunications facilities or major modification of an existing wireless telecommunications facility, or small cell/DAS application that requires Planning Board review, a public hearing shall be held by the Board, notice of which shall be published in the official newspaper of the Village no less than 10 calendar days prior to the scheduled date of the public hearing. In order that the Village may notify nearby landowners, the applicant, at least three weeks prior to the date of said public hearing, shall be required to provide names and address of all landowners whose property is located within 500 feet of any property line of the lot on which the new wireless telecommunications facilities are proposed to be located.

(2) The Board shall schedule the public hearing referred to in Subsection O(1) of this section subsequent to its finding that the application is complete. The Board, at any stage prior to issuing a special permit, may require such additional information as it deems necessary.

R. Action on application for special permit.

(1) The Board will undertake a review of an application pursuant to this section in a timely fashion, consistent with its responsibilities with SEQRA, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution.

(2) The Board may refer any application or part thereof to any advisory or other committee for a nonbinding recommendation.

(3) After the public hearing and after formally considering the application, the Board may approve and issue or deny a special permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant.

(4) If the Board approves the special permit for a wireless telecommunications facility, then the applicant shall be notified of such approval in writing within 30 calendar days of the Board's action, and the special permit shall be issued simultaneously with such approval.

(5) If the Board denies the special permit for a wireless telecommunications facility, then the applicant shall be notified of such denial in writing within 10 calendar days of the Board's action.

(6) A special permit shall authorize the Village to enter the site for purposes of enforcing Subsections of this chapter. The applicant, by signing the special permit, is authorizing the Village Board or its agents to enter onto the site to enforce this chapter.

S. Recertification of special permit or building permit.

(1) Every special permit for a wireless telecommunications facility shall be recertified at least every five years, commencing with a recertification date of May 1, 2023, and reoccurring recertifications required every five years on May 1. For sites that accommodate equipment of more than one FCC-licensed commercial carrier, a single recertification for the site - encompassing all carrier information - shall be submitted for recertification. A signed, written request for recertification shall be made at any time between 12 months and six months prior to the expiration of the recertification. Any permit holder whose prior certification or five-year recertification occurred less than five years prior to May 1, 2023, must nonetheless be recertified by May 1, 2023, and every five years thereafter. For any wireless facility whose initial certification occurs less than one year prior to a May 1 recertification date, the recertification requirement will be extended to the next-following recertification date. The Building Inspector with the assistance of consultants he deems necessary for the review (e.g. structural engineer) shall perform all recertification reviews but may refer a recertifications to the planning board which in his/her opinion requires such referral due to facility condition, application deficiencies, site issues or other factors. For wireless telecommunication facilities that were approved in accordance with this chapter via a building permit (and where a special permit was not required), the Building Inspector will issue recertifications. In the written request for recertification, the holder of such special permit or building permit shall note the following:

(a) The names of the holder of the permit for the wireless telecommunications facilities, the tower owner/operator if not the same as the permit holder, and the property owner.

(b) If applicable, the number or title of the permit.

(c) The date of the original granting of the permit.

(d) Whether the wireless telecommunications facilities or support structure have been moved, relocated, rebuilt or otherwise modified since the issuance of the permit and, if so, in what manner.

(e) If the wireless telecommunications facilities or support structure have been moved, relocated, rebuilt or otherwise modified, then whether the Board or Building Department approved such action, under what terms and conditions, and whether there has been compliance with the terms and conditions.

(f) Any requests for waivers or relief of any kind from the requirements of this section and any requirements for a permit.

(g) That the wireless telecommunications facilities are in compliance with the special permit/building permit and in compliance with all applicable federal, state, county and local codes, laws, rules and regulations.

(h) Recertification that the telecommunications tower or support structure and attachments are designed and constructed "as built" and continue to meet all local, federal, state, and county structural requirements for loads, including wind and ice loads. Such recertification shall be by a New York State licensed professional engineer acceptable to the Village, the cost of which shall be borne by the applicant.

(i) RF emissions compliance statement (cumulative, including all co-locators, if applicable).

(j) The facility is subject to an annual inspection by the Woodbury Building Inspector to make certain that the facility conforms to all safety and building codes.

(2) If, after such review, the Board (or Building Inspector) determines that the permitted wireless telecommunications facilities are in compliance with the special permit or building permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Board or Building Inspector shall issue a recertification permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon with the permit holder or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations. If, after such review, the Board or Building Inspector determines that the permitted wireless telecommunications facilities are not in compliance with the special permit, building permit, and all applicable statutes, local laws, ordinances, codes, rules and regulations, then the Board or Building Inspector may refuse to issue a recertification special permit for the wireless telecommunications facilities, and, in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of such decision from the Village. Any such decision shall be in writing and supported by substantial evidence contained in a written record.

(3) If the applicant has submitted all of the information requested by the Board or Building Inspector and required by this section, and if the Board or Building Inspector does not complete its review, as noted in Subsection Q(2) of this section, prior to May 1, 2020, or subsequent fifth anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an automatic extension of the permit for up to six months in order for the Village to complete its review.

(4) If the holder of a special permit or building permit for wireless telecommunications facilities does not submit a request for recertification of such permit within the time frame noted in Subsection Q(1) of this section, then such special permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special permit or building permit, or subsequent fifth anniversaries, unless the holder of the permit adequately demonstrates to the Board or Building Inspector that extenuating circumstances prevented a timely recertification request. If the Village agrees that there were legitimately extenuating circumstances, then the holder of the permit may submit a late recertification request or application for a new permit.

T. Extent and parameters of permits for wireless telecommunications facilities. The extent and parameters of a permit for wireless telecommunications facilities shall be as follows:

(1) Such permit shall be nonexclusive.

(2) Such permit shall not be assigned, transferred or conveyed without the express prior written consent of the Village, and such consent shall not be unreasonably withheld or delayed.

(3) Such permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled or terminated for a violation of the conditions and provisions of the permit for wireless telecommunications facilities or for a material violation of this law after prior written notice to the applicant and the holder of the permit.

U. Application fee.

(1) Application fees may be updated by the Village from time to time, and those associated with wireless telecommunications facilities may be contained within Village Code Chapter 143.

(2) At the time that a person submits an application for a special permit for a new telecommunications tower taller than 50 feet or for a facility on a structure other than a utility pole (e.g., rooftop, water tank), such person shall pay an application fee of $5,000 to the Village or as otherwise prescribed in Village Code Chapter 143. For small/cells and DAS applications that include a new utility pole, the application fee for either a special permit or a building permit shall be $1,500 per node. For small/cells and DAS applications that propose to utilize an existing utility pole, the application fee for either a special permit or a building permit shall be $500 per application (single node on existing pole, or up to three nodes if existing poles are located in the Village right-of-way or other property, or up to five nodes if existing poles are located in county or state rights-of-way). The application fee for major modifications shall be $3,000. If the application is for a building permit (e.g., for co-locating on an existing telecommunications tower or structure where no substantial changes or proposed, or for a minor modification), the application fee shall be $2,000.

(3) No application fee is required to recertify a permit for wireless telecommunications facilities, unless there has been a modification of the wireless telecommunications facility since the date of the issuance of the existing permit that has not been reviewed and approved by the Building Department in accordance with this chapter. In the case of any modification, the fees provided herein shall apply.

V. Village management fees.

(1) For the Village to appropriately manage, inspect, and review annual and recertification submittals for existing wireless telecommunications facilities in the Village, recurring fees shall be submitted by each permit holder (including but not limited to each co-located carrier at a common tower site, and small cell/DAS facilities) to the Building Department on an annual basis. For a new telecommunications tower taller than 50 feet or for a facility on a structure other than a utility pole (e.g., rooftop, water tank), a management fee of $1,000 shall be submitted. For all small/cells and DAS facilities located within the Village (including within Village, county, or state rights-of-way), the annual management fee shall be $270 per node or as otherwise prescribed by the Building Inspector.

W. Performance security. The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the Village a bond or other form of security acceptable to the Village as to type of security and the form and manner of execution, in an amount of at least $75,000 (for new tower structures greater than 50 feet in height) and with such sureties as are deemed sufficient by the Board to assure the faithful performance of the terms and conditions of this section and conditions of any special permit issued pursuant to this section. For locations on other structures aside from utility poles, the amount shall be $15,000 or as otherwise approved by the Building Inspector. For small cells/DAS nodes located on utility poles in the Village right-of-way, the amount shall be $2,000 per node or as otherwise approved by the Building Inspector. The full amount of the bond or security shall remain in full force and effect throughout the term of the permit and/or until the wireless telecommunications facilities are removed and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the special permit or building permit and shall entitle the Board or Building Inspector to revoke the permit, after prior written notice to the applicant and holder of the permit and after a hearing upon due prior notice to the applicant and holder of the permit.

X. Reservation of authority to inspect facilities.

(1) In order to verify that the holder of a permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances, and regulations and other applicable requirements, the Village may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including but not limited to towers, antennas, mitigation features such as stealth tree branching or other stealthing, small cell/DAS nodes, and buildings or accessory structures constructed or located on the permitted site.

(2) The holder of a wireless telecommunications facility permit shall at all times keep on file with the Building Department the name, address, and telephone number of the owner and operator of the permitted facility to arrange for Village inspections and required maintenance, reporting, etc.

(3) The costs associated with such an inspection shall be derived from the annual Village Management Fee described in Subsection T, except for those circumstances occasioned by said permit holder's, lessee's, or licensee's refusal to provide necessary information, or necessary access to such facilities, including towers, antennas, and appurtenant or associated facilities, or refusal to otherwise cooperate with the Village with respect to an inspection, or if violations of this section are found to exist, in which case the holder, lessee or licensee shall reimburse the Village for the cost of the inspection.

(4) Payment of such costs shall be made to the Village within 30 days from the date of the invoice or other demand for reimbursement. In the event that the finding(s) of violation is/are appealed in accordance with the procedures set forth in this section, said reimbursement payment must still be paid to the Village, and the reimbursement shall be placed in an escrow account established by the Village specifically for this purpose, pending the final decision on appeal.

Y. Annual NIER and structural certifications. The holder of the special permit (or building permit for certain wireless telecommunications facilities) shall, annually, certify in writing to the Village that NIER levels at the site are within the threshold levels adopted by the FCC and that the tower, utility pole, or other structure and all mounts for antennas and ancillary equipment are adequate for code compliance and public safety. The certifying engineer need not be approved by the Village. The certifying engineer shall file a copy of its license with the Village of Woodbury.

Z. Liability insurance.

(1) A holder of a permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death, and property damage, and umbrella insurance coverage, for the duration of the special permit in amounts as set forth below:

(a) Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate.

(b) Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate.

(c) Workers' compensation and disability: statutory amounts.

(2) The commercial general liability insurance policy shall specifically include the Village and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.

(3) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least "A."

(4) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Village with at least 30 days' prior written notice in advance of the cancellation of the insurance.

(5) Renewal or replacement policies or certificates shall be delivered to the Village at least 15 days before the expiration of the insurance which such policies are to renew or replace.

(6) Before construction of a permitted wireless telecommunications facility is initiated, but in no case later than 45 days after the grant of the special permit or building permit, the holder of the permit shall deliver to the Village a copy of each of the policies or certificates representing the insurance in the required amounts.

AA. Indemnification.

(1) Any application for wireless telecommunications facilities that is proposed for Village property, pursuant to this section, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless and exempt the Village, and its officers, boards, employees, committee members, attorneys, agents, and consultants, from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal or restoration of said wireless telecommunications facilities. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees and expert witness fees are included in those costs that are recoverable by the Village.

(2) Notwithstanding the requirements noted in Subsection Y(1) of this section, an indemnification provision will not be required in those instances where the Village itself applies for and secures a special permit or building permit for wireless telecommunications facilities.

BB. Penalties for offenses.

(1) In the event of a violation of this section or any permit issued pursuant to this section, the Village may impose and collect, and the holder of the permit for wireless telecommunications facilities shall pay to the Village, fines or penalties as set forth below.

(2) A violation of this section is hereby declared to be an offense, punishable by a fine in the amount of $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of any offense. Each day of continued violation shall constitute a separate additional violation.

(3) Notwithstanding anything in this section, the holder of the permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this section or any subsection of this section. An attempt to do so shall subject the holder of the permit to termination and revocation of the permit. The Village may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the Village.

CC. Default and/or revocation.

(1) If wireless telecommunications facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the permit, then the Village Building Department shall notify the holder of the permit, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other subsection of this section, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Village may, at its sole discretion, order the violation remedied within 24 hours.

(2) If, within the period set forth in Subsection AA(1) above, the wireless telecommunications facilities are not brought into compliance with the provisions of this section, or of the permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Board may revoke such permit for wireless telecommunications facilities and shall notify the holder of the permit within 48 hours of such action.

DD. Removal of facilities.

(1) Under the following circumstances, the Board or Building Inspector may determine that the health, safety, and welfare interests of the Village warrant and require the removal of wireless telecommunications facilities:

(a) Wireless telecommunications facilities with a permit that have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;

(b) Permitted wireless telecommunications facilities that fall into such a state of disrepair that a health or safety hazard is created, or that the mitigation measures of the permit are no longer effective or functioning as intended;

(c) Wireless telecommunications facilities that have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special permit, building permit, or any other necessary authorization.

(2) If the Board or Building Inspector makes such a determination as noted in Subsection BB(1) of this section, then the Building Inspector shall notify the holder of the permit for the wireless telecommunications facility within 48 hours that said wireless telecommunications facility is to be removed. The Building Inspector may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

(3) The holder of the permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Building Inspector. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the Board or Building Inspector.

(4) If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the Building Inspector may order officials or representatives of the Village to remove the wireless telecommunications facilities at the sole expense of the owner or permit holder.

(5) If the Village removes or causes to be removed wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim them and remove them from the site to a lawful location within 10 days, then the Village may take steps to declare the wireless telecommunications facilities abandoned and sell them and their components.

(6) Notwithstanding anything in this section to the contrary, the Board or Building Inspector may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more than 90 days, during which time a suitable plan for removal, conversion or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the permit, subject to the approval of the Board or Building Inspector, and an agreement to such plan shall be executed by the holder of the permit and the Village. If such a plan is not developed, approved and executed within the ninety-day time period, then the Village may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.

EE. Relief. Any applicant desiring relief or exemption from any site plan aspect of § 310-45 may request such from the Board, provided that the relief or exemption is contained in the original application for either a special permit or, in the case of an existing or previously granted special permit, a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Board. However, the burden of proving the need for the requested relief or exemption is solely on the applicant to prove to the satisfaction of the Board. The applicant shall bear all costs of the Board or the Village in considering the request, and the relief shall not be transferable to a new or different holder of the permit or owner of the tower or facilities without the specific written permission of the Board. Such permission shall not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant effect on the health, safety and welfare of the Village, its residents and other service providers.

FF. Adherence to state and/or federal rules and regulations.

(1) To the extent that the holder of a permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a permit shall adhere to, and comply with, all applicable rules, regulations, standards and provisions of any state or federal agency, including but not limited to the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

(2) To the extent that applicable rules, regulations, standards and provisions of any state or federal agency, including but not limited to the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting and security, are changed and/or are modified during the duration of a permit for wireless telecommunications facilities, then the holder of such a permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard or provision within a maximum of 12 months of the effective date of the applicable changed and/or modified rule, regulation, standard or provision, or sooner as may be required by the issuing entity.

GG. Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state or federal government, the more restrictive or protective of the Village and the public shall apply.

HH. Severability; effect on special permits and building permits.

(1) If any word, phrase, sentence, part, section, subsection or other portion of this section or any application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reason, then such word, phrase, sentence, part, section, subsection or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this section, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.

(2) Any special permit or building permit issued under this section shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the Village Planning Board or Building Inspector.

§ 310-39 Limits on storage and use for mini self-storage.

A. In no case shall the storage or maintenance of radioactive, toxic, explosive or controlled substances be permitted in self-service storage facilities.

B. The site and structure shall be designed so that no accidental spill can exit at the structure or its immediate environs.

C. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not be permitted on the site, either inside or outside the bounds of an individual storage unit.

D. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit.

E. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site, either by lessees of storage units or by the owners or operators of the site.

F. Parking spaces.

(1) Required parking spaces may not be rented as, nor used for, vehicular storage spaces.

(2) No parking spaces, including those required by Article VI herein, may be provided or used for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or other watercraft. However, in the event that the applicant can demonstrate that under no circumstances would the above-listed vehicles or items be visible to any other off-site location, either by virtue of existing conditions such as topography or other permanent screening or by virtue of proposed permanent screening, such open storage may be permitted subject to Planning Board approval. No other open storage may be permitted.

G. Notwithstanding the foregoing, nothing in this paragraph shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles.

§ 310-39.1 Criteria for farm winery.

A. The winery must possess a New York State license for a farm winery.

B. The winery access must be to New York State Route 32.

C. Actual wine-making area shall be limited to 4,000 square feet or less, which area may include a wine-tasting facility.

D. Where a structure or structures of local or national historic or architectural significance exist on the site, existing structures shall be utilized, and any additions shall be, to the maximum practical extent, designed to be consistent with said original structures.

§ 310-39.2 Conditions applicable to special permit uses in LIO District.

A. Vehicular traffic generated by uses in an LIO District shall be planned to occur primarily during off-peak hours. Peak hours shall include weekend peak hours.

B. Vehicles shall not be permitted to idle for more than five minutes.

§ 310-39.3 Golf courses.

For the purposes of this section, "golf course" shall be defined as a minimum of 18 holes, each consisting of a teeing ground, fairway, rough and other hazards, landscaped and designed for the game of golf. Golf courses, as permitted on the Schedules of Zoning District Regulations,[1] shall comply with the following requirements:

A. A golf course shall have a minimum of 18 holes, and may include one or more of the following: golf professional shop with the retail sale of related sporting goods, golf driving range, office space for use by the golf course in the conduct of its business, golf course maintenance facilities, eating facilities and catering facilities for special events.

B. A golf course may include the following accessory uses subject to special permit and site plan review by the Planning Board: Tennis, ice skating, snow tubing, cross-country skiing. The use of artificial means to sustain outdoor winter recreation facilities shall be permitted provided there is compliance with Chapter 208, Noise, and all emissions levels are within the standards set by the Department of Environmental Conservation. Each accessory use shall be subject to environmental review by the Planning Board.

C. The property intended for golf course use shall contain a minimum of 80 contiguous acres. For purposes of this requirement, land shall not be considered contiguous land if it is separated by one or more public roads.

D. Activities that may generate noise above ambient noise levels shall be a minimum of 100 feet from residential property and shall be screened from such property in a manner satisfactory to the Planning Board and Village Planner to mitigate visual and noise impact. Such setbacks may be increased by the Planning Board in connection with its review to ensure the necessary mitigation of any anticipated visual and noise impacts.

E. All parking, including parking for any events hosted by or taking place on the property, shall be located on the property of the golf course in designated areas.

F. Exterior lighting shall be limited to signs and any security and safety lights of the parking lot(s), walks and building entrances. All exterior lighting shall be shielded so as not to directly shine onto adjoining residential properties. No flashing, traveling, animated or intermittent lighting shall be visible from the exterior of any building. All light levels shall be limited to 0.1 footcandles at the property line, and all fixtures shall meet IDA, LEED or Green Globes criteria for Nighttime Friendly or Dark Sky lighting.

G. No outdoor recreational activity is permitted to occur after 9:00 p.m. Sunday through Thursday and 10:00 p.m. on Friday, Saturday or on the eve of national holidays.

H. All activity on the property shall comply with Chapter 208, Noise, and Chapter 243, Public Assembly, Outdoor, of this Code.

I. No overnight accommodations shall be permitted on the premises.

J. Any and all golf courses in the R-2A or R-3A districts in the Village of Woodbury existing as of the effective date of this chapter shall be considered conforming, and shall be permitted to maintain their setbacks for structures and accessory facilities, including but not limited to parking areas, existing on the effective date of this chapter. Any new construction or accessory uses permitted subsequent to the effective date of this chapter shall be subject to the new setbacks, review requirements and provisions of this chapter.

[1] Editor's Note: The Schedule of Zoning District Regulations is included at the end of this chapter.

§ 310-39.4 Car washes.

A. Water for car washes must be treated and recycled by industry standard practices.

B. There shall be room for no less than five cars to queue on the subject property and no cars shall be permitted to queue on state, county or local roads.

C. There shall be no vehicle repair work or garage on the premises.

§ 310-39.5 Solar generating facilities.

[Added 6-22-2017 by L.L. No. 2-2017]

A. Purpose and intent.

(1) Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated.

(2) The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is a priority and is a necessary component of the Village's current and long-term sustainability agenda.

(3) This section aims to promote the accommodation of solar energy systems and equipment and the provision for adequate sunlight and convenience of access necessary therefor.

B. Legislative findings

(1) The increase in state and federal support for non-petroleum-based, renewable energy source uses, including the desirability of solar energy generating facilities being proposed to be located within the County of Orange, provide a possibility for a significant increase in having a potential number of individuals, companies and/or property owners seeking to create, establish and/or operate solar use facilities.

(2) The Village of Woodbury Board of Trustees has determined that it is appropriate to monitor the installation of solar use facilities by utilization of appropriate regulation and fees relative to said use by local property owners. Based upon studies and evaluations examining regulation of residential uses throughout the State of New York, the Board of Trustees of the Village of Woodbury has determined that appropriate methodologies must be created to monitor:

(a) Small-scale, rooftop-mounted or building-mounted solar photovoltaic systems that produce up to a maximum of 25 kilowatts (kW) per hour of energy or solar-thermal systems which serve only the building or electrical service to which they are attached;

(b) Large-scale, rooftop-mounted or building-mounted solar photovoltaic systems that produce more than 25 kilowatts (kW) per hour of energy or solar-thermal systems which provide energy for other buildings, other properties, or the commercial grid; and

(c) Small-scale, ground-mounted and freestanding solar energy collectors that are directly installed in/on the ground, or as modules fixed to frames which can be tilted, and are not attached or affixed to an existing structure.

(3) The goal is to regulate these uses without significant cost to, or interference with, property owners. Large-scale, ground-mounted and freestanding solar energy collectors that produce more than 25 kilowatts (kW) per hour of energy are not permitted in the Village.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

ALTERNATIVE ENERGY SYSTEMS

Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and which may be attached to or separate from the principal building.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS

A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade, and which does not alter the relief of the roof.

COLLECTIVE SOLAR

Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.

FLUSH-MOUNTED SOLAR PANEL

Photovoltaic panels and tiles that are installed flush to the surface of a roof and which cannot be angled nor raised more than six inches from the mounting surface.

FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is directly installed in/on the ground, or as modules fixed to frames which can be tilted toward the south at an optimal angle, and which is not attached or affixed to an existing structure.

LARGE-SCALE SOLAR

Solar photovoltaic systems that produce more than 25 kilowatts (kW) per hour of energy or solar-thermal systems which, although they may serve the building or electrical service to which they are attached, may also provide energy for other buildings, other properties or the commercial electrical grid.

NET-METERING

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so they only pay for their net electricity usage at the end of the month.

PERMIT-GRANTING AUTHORITY

The Village authority charged with granting permits for the operation of solar energy systems.

PHOTOVOLTALC (PV) SYSTEMS

A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," that generate electricity whenever light strikes them.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA' s list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Village determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.

ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM

A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.

SMALL-SCALE SOLAR

Solar photovoltaic systems that produce up to 25 kilowatts (kW) per hour of energy or solar-thermal systems which serve only the building or electrical service to which they are attached, and do not provide energy for any other buildings.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun, so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR COLLECTOR

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR EASEMENT

An easement recorded pursuant to New York Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.

SOLAR ENERGY EQUIPMENT/SYSTEM

Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar-thermal, photovoltaic and concentrated solar.

SOLAR PANEL

A device for the direct conversion of solar energy into electricity.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

SOLAR-THERMAL SYSTEMS

Solar-thermal systems directly heat water or other liquids using sunlight. The heated liquid is used for purposes such as space heating and cooling, domestic hot water, and heating pool water.

D. Applicability.

(1) The requirements of this section shall apply to all solar energy systems (residential, commercial, multifamily and condominium) proposed, modified or installed after the effective date of this section.

(2) Solar energy systems for which a valid permit has been previously and properly issued, or for which installation has commenced, prior to the effective date of this section shall not be required to meet the requirements of this section except in accordance with § 310-39.5 F(4), (5), (6) and (7).

(3) All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards.

(4) Small-scale solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit "collective solar" installations or the sale of excess power through a "net billing" or "net-metering" arrangement in accordance with New York State Public Service Law § 66-j or similar state or federal statutes.

E. Permitting.

(1) No solar energy system or device shall be installed or operated in the Village except in compliance with this section.

(2) To the extent practicable, and in accordance with Village law, the accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of the Village Code.

(3) Rooftop-mounted and building-mounted solar collectors. Rooftop-mounted and building-mounted solar collectors are permitted in all zoning districts in the Village, subject to the following conditions. When installation is proposed on a lot that is subject to the provisions of the ridge preservation regulation (§ 310-13), it will be subject to Subsection E(3)(b) below:

[Amended 10-28-2021 by L.L. No. 12-2021]

(a) No site plan approval shall be required for the installation of a small-scale rooftop-mounted or building-mounted solar photovoltaic system or solar-thermal system. The applicant shall utilize the Village's solar permit application in order to accomplish the stated purposes of the Village Board.

(b) The Planning Board shall review proposals on lots that are subject to ridge preservation in accordance with § 310-13.

(c) Site plan approval shall be required for the installation of any large-scale rooftop-mounted or building-mounted solar photovoltaic system or solar-thermal system.

(d) Building permits shall be required for installation of all small- and large-scale rooftop-mounted and building-mounted solar photovoltaic systems and solar-thermal systems.

(e) Any height limitations of the Village Code shall be applicable to solar collectors, provided that such structures are erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve and that such structures do not obstruct solar access to neighboring properties.

(f) Placement of solar collectors shall be allowed, provided that panels do not extend horizontally past the roofline.

(4) Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts.

(5) Ground-mounted and freestanding small-scale solar collectors: ground-mounted and freestanding small-scale solar collectors are permitted as an accessory use in all zoning districts in the Village, subject to the following conditions. When installation is proposed on a lot that is subject to the provisions of the ridge preservation regulation (§ 310-13), it will be subject to Subsection E(5)(g) below:

(a) Site plan approval shall be required for the installation of any small-scale ground-mounted or freestanding solar collectors.

[Amended 10-28-2021 by L.L. No. 12-2021]

(b) Building permits are required for the installation of all small-scale ground-mounted or freestanding solar collectors.

(c) The location of the solar collector must meet all applicable setback requirements for accessory structures in the zoning district in which it is located.

(d) The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt.

(e) Solar energy equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north.

(f) Freestanding solar energy collectors shall be screened, when possible and practicable, through the use of architectural features, earth berms, landscaping, or other screening techniques which will harmonize with the character of the property and surrounding area.

(g) The Planning Board shall review proposals on lots that are subject to ridge preservation in accordance with § 310-13.

(6) Solar-thermal systems. Solar-thermal systems are permitted in all zoning districts, subject to the following condition:

(a) Building permits are required for the installation of all solar-thermal systems.

(7) Solar energy systems and equipment shall be permitted only if they are determined by the Village Building Department and/or Building Inspector not to present any unreasonable safety risks, including, but not limited to, the following:

(a) Weight load.

(b) Wind resistance.

(c) Ingress or egress in the event of fire or other emergency.

F. Safety.

(1) All solar collector installations must be performed by a qualified solar installer.

(2) Prior to operation, electrical connections must be inspected by an electrical underwriter, Village Code Enforcement Officer, and/or by an appropriate electrical inspection person or agency, as determined by the Village.

(3) Any connection to the public utility grid must be inspected by the appropriate public utility.

(4) Solar energy systems shall be maintained in good working order.

(5) Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.

(6) If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Village and other applicable laws and regulations.

(7) If a solar collector ceases to perform its originally intended function due to damage for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period, unless the equipment poses a safety hazard or is an eyesore, in which circumstance removal must be performed within 30 days.

G. Appeals.

(1) If an individual is found to be in violation of the provisions of this section, appeals would be made through the Zoning Board of Appeals in accordance with the established procedures set forth within § 310-49 the Village Code.

(2) If a building permit for a solar energy device is denied because of a conflict with other goals of the Village, the applicant may seek relief from the Village Zoning Board of Appeals, which shall regard solar energy as a factor to be considered, weighed and balanced along with other factors.

H. Zoning for future solar access.

(1) New structures will be encouraged to be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off site, and the impact of solar access to adjacent uses and properties.

(2) To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations, new streets shall be located on an east-west axis to encourage building siting with the maximum exposure of roof and wall area to the sun. The Village Planning Board shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.

(3) The impact of street trees on the solar access of the surrounding property shall be minimized to the greatest possible extent in selecting and locating shade trees. Every effort shall be made to avoid shading possible locations of solar collectors.

(4) When the Planning Board and/or Zoning Board of Appeals reviews and acts upon applications for subdivision approval or site plan approval, it shall take into consideration whether the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m., eastern standard time, for existing approved solar energy collectors or for solar energy collectors for which a permit has been issued.

(5) The Village Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of the Village Code.

I. Penalties for offenses. Section 310-51 of this chapter applies to violations of this section.

[Amended 3-23-2023 by L.L. No. 5-2023]

§ 310-39.6 Event venues.

[Added 3-3-2023 by L.L. No. 3-2023]

A temporary special permit may be granted by the Planning Board for an event venue, as permitted on the Schedules of Zoning District Regulations, which shall comply with the following requirements:

A. Minimum size. The minimum lot size for an event venue shall be no less than 25 contiguous acres.

B. District. Event venues shall be permitted in the R-1A District, in compliance with the standards set forth herein and on the Schedule of Zoning District Regulations. No event venue shall be permitted on property located within the Senior Housing Overlay District.

C. Access. The site of an event venue shall have at least two means of egress, which shall be adequate for emergency vehicles, as determined by the Planning Board in consultation with emergency responders based on width, length, surface and ability to support the gross vehicle axle weight of emergency vehicles. The Planning Board may require the construction of improvements to ensure adequate emergency access to the site. The Planning Board may waive the requirement for two access points where one access point is determined to be adequate for emergency access based on a review of the New York State Fire Code, Village Traffic Engineer input, and/or emergency service provider input.

D. Attendees. In no event shall an event venue exceed 199 attendees. The term "attendees" is exclusive of any employees or staff managing and/or serving the event. The Planning Board may set a lower maximum number for an event venue in its discretion based on the standards set forth herein. The Planning Board shall not set a higher maximum number of attendees.

E. Parking. All parking shall be located on-site and the site plan shall demonstrate there is sufficient parking for an event. No less than one parking space shall be provided for each two attendees and one parking space shall be provided for each two employees or staff managing and/or serving the event. This requirement shall not preclude an event venue from utilizing shuttle buses or other methods of guest transportation.

F. Hours of operation. The Planning Board shall determine the permitted hours of operation of an event venue. Events shall commence no earlier than 10:00 a.m. and shall terminate no later than 11:00 p.m. Setup and dismantling hours shall be limited to between 8:00 a.m. and 12:00 a.m.

G. Food service. Catering services, including the use of food trucks, are allowed to provide the food and beverages for the event. On-site preparation of food shall be subject to all applicable Department of Health permits and approvals. Alcoholic beverages may be consumed on-site provided the venue or catering service has the appropriate insurance coverage, permits and complies with all applicant state and local laws, and proof of the required insurance and permits have been provided to the Building Department prior to an event taking place.

H. Buffers. The Planning Board shall require appropriate buffers between the event venue and adjoining properties, given the nature of the events and extent to which noise will be generated, size of the parcel, the natural topography, and vegetative cover.

I. Public safety plan. A public safety plan shall be required and approved by the Code Enforcement Officer prior to the issuance of a certificate of occupancy, which shall address the items identified below. This list is not meant to serve as an exclusive list. Should the Code Enforcement Officer deem additional information to be necessary, it shall be provided by the applicant.

(1) Emergency vehicle ingress and egress;

(2) Fire protection;

(3) Emergency egress or escape routes;

(4) Emergency medical services;

(5) Public assembly areas;

(6) The directing of both attendees and vehicles, including the parking of vehicles;

(7) Vendor and food concession distribution;

(8) The need for the presence of law enforcement;

(9) The need for fire and emergency medical services personnel; and

(10) The need for a weather monitoring person.

J. Uniform code. Prior to the issuance of a certificate of occupancy, all buildings and/or structures that will be utilized in connection with an approved event venue under this chapter shall undergo a full Uniform Code of New York State evaluation. This evaluation shall be performed by an engineer or design professional, identifying all Uniform Code of New York State deficiencies, if any. If deficiencies are identified, the applicant shall be required to obtain a building permit and complete the work necessary to comply with the Uniform Code prior to the issuance of a certificate of occupancy, or shall provide proof to the Building Department of a variance from New York State, permitting the event venue to operate without being in strict compliance with the Uniform Code.

K. Seating. Seating for events may occur outdoors, under a tent or other fabric structure temporarily constructed on the property, or in a permanent principal or accessory building. The location and dimension of any proposed tents must be shown on the site plan. All buildings and structures, including tents, to be used as part of the event venue shall, where required, obtain a certificate of occupancy for their intended uses, which shall specify the length of time the temporary structure shall be permitted.

L. Temporary structures and/or tents.

(1) Definitions.

CANOPY

A structure, enclosure or shelter constructed of fabric or pliable materials supported by any manner, except by air or the contents it protects, and is without sidewalls or drops on 75% or more of the perimeter.

LPG

Liquefied petroleum gas, commonly known as propane.

TENT

A structure, enclosure, or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner, except by air or the contents it protects.

(2) All temporary structures and/or tents shall comply with Chapter 31 of the New York State Fire Code, as amended from time to time, and must be inspected by the Code Enforcement Officer prior to an event taking place.

(3) The following shall be the policy regarding requirements for tent or membrane structure use, including the use of LPG outdoor patio heaters, cooking equipment and any other LPG use:

(a) Tents, temporary structures and other membrane structures:

[1] Temporary structures in excess of 1,000 square feet shall not be erected, operated or maintained for any purpose without first obtaining approval and a permit from the Code Enforcement Officer.

[2] That a permit be obtained for any tent or membrane structure in excess of 200 square feet and any canopy that is in excess of 400 square feet.

[3] A permit shall be required for any tent, canopy or membrane structure where cooking is performed within the tent, regardless of size.

(b) Means of egress:

[1] Means of egress for temporary tents, canopies and membrane structures shall be in accordance with this section and the NYS Fire Code.

[2] Tents, canopies and membrane structures or a usable portion thereof shall not have less than one exit, and tents and membrane structures with an occupant load of less than 199 persons shall have no less than two exits, but can be required to have additional exits as directed by the Code Enforcement Officer. Any tent used for cooking shall have an exit that is free of obstacles.

[3] Exit openings from tents: Exit openings from tents shall remain open unless covered with a flame-resistant curtain. The curtain shall be marked as being flame-resistant or proof be provided to satisfaction of the Code Enforcement Officer of flame-resistance. Curtains shall be free sliding on a metal support and be no less than 80 inches from floor level at the exit and be arranged so that no part of the curtain obstructs the exit. Curtains shall be of a color or colors that contrast with the color of the tent.

[4] Aisles/arrangement of aisles: Smooth surface unobstructed aisles having a minimum width of not less than 48 inches shall be provided from the seating areas. The arrangement of aisles shall be subject to the approval of the Code Enforcement Officer and shall be maintained clear at all times during occupancy.

(c) Exit signs: Exits shall be clearly marked. Exit signs shall be installed at required exits doorways and where otherwise necessary to indicate the direction of egress where the exit serves 50 or more occupants. Exit signs shall be illuminated at all times.

(d) Smoking: Smoking/vaping/hookahs/cigars shall not be permitted in tents, canopies, or membrane structures. Approved "No Smoking" signs shall be conspicuously posted in accordance with NYS Fire Code

(e) Open or exposed flame: Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any other unapproved devices shall not be permitted inside or located within 20 feet of the tent, canopy or membrane structures while open to the public.

(f) Fireworks: Fireworks/spark-emitting devices shall not be used within tent or membrane structure.

(g) Portable fire extinguishers: Approved portable fire extinguishers shall be provided. Dry chemical extinguishers shall be no less then 10 pounds in size. Class K fire extinguishers shall be provided whenever cooking oils and greases that are vegetable and animal fat-based are being used. The distance of travel to any extinguisher shall not exceed 75 feet in any direction. Additional portable extinguishers are required where cooking and/or cooking equipment and LPG is stored and or in use.

(h) Cooking tents: Tents with sidewalls or drops where cooking is performed shall be separated from other tents, canopies, or membrane structures by not less than 30 feet.

(i) Outdoor cooking that produces sparks or grease laden vapors shall not be performed within 30 feet of a tent, canopy, or membrane structure.

(j) Location of containers: LPG containers shall be located outside, and shall not be located within 20 feet of exits or combustible materials, and shall not be operated on any combustible construction, balconies or decks attached to an occupied structure. Safety release valves shall be pointed away from tent or structure.

(k) Protection and security: Portable LP gas containers, tanks, piping and valves that are located outside and are being used to fuel equipment inside a tent, canopy or membrane structure shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP containers shall be secured against unauthorized movement.

(l) Separation of generators: Generators and other internal combustion power sources shall be separated from tents, canopies, and membrane structures by not less than 40 feet and shall be isolated from contact with the public by fencing, enclosure, or other approved means.

M. Application. A special use permit and site plan shall be submitted to the Planning Board for review and approval. The application shall also include the submission of an event management plan. An event management plan shall be prepared and submitted to the Planning Board for review and approval. Once approved, the event management plan shall be incorporated into the special permit. The plan shall include a narrative which describes the proposed operation of the event venue, including but not limited to the following:

(1) Owner/operator in charge of the event venue, and which shall be present on-site during the same, with contact information provided;

(2) Provisions for traffic and parking management, and provisions for staging areas and related parking;

(3) Hours of operation and maximum number of events to be held on an annual basis;

(4) Detailed information on the use of any amplifying equipment, and details to control noise levels. The Planning Board may require a noise analysis, and establish a maximum noise level in decibels (dBa), as measured at the nearest property line, when appropriate;

(5) Estimated water and sewer demand for maximum occupancy, and if not on municipal water and sewer, proof of capacity and good working status of facilities to serve the site with water and sewer including any appropriate testing as required by the Planning Board and its consultants. If portable toilet facilities are to be used, adequate facilities shall be provided, and proof of a license from the Department of Environmental Conservation (DEC) shall be provided to the Building Department to the satisfaction of the Code Enforcement Officer;

(6) Information on food preparation and alcohol consumption;

(7) Plans for the storage and collection of refuse;

(8) Maximum number of attendees;

(9) List of contacts for specific emergency situations to be used by the guests shall be provided at each event, and the legal name and address of an emergency contact person at the site shall be provided;

(10) Any other information deemed necessary by the Planning Board.

Waiver. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the application is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, as outlined in Subsection M(1) through (10), provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of this chapter or the Official Map or Comprehensive Plan.

N. Criteria for approval. In considering whether to approve or deny an application, the Planning Board shall consider the following:

(1) The size and capacity of the site to accommodate events, including, but not limited to temporary structures and tents (the general color and style of which shall be reviewed by the Architectural Review Board. This shall not require ARB approval for every temporary structure or tent proposed, so long as the structures and tents used are similar to the initial approval, in the determination of the Building Inspector);

(2) The facilities available, including, but not limited to, water, sewer, drainage, and refuse collection;

(3) The availability and capacity of streets and highways and other means of transportation to and from the site;

(4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event;

(5) The need for security/law enforcement at the event venue;

(6) The impact of the event venue on fire and police protection and ambulance service to the areas contiguous to the event and to the Village in general;

(7) Verification that there are no outstanding violations on the property at which the event venue is proposed; and

(8) Any other matters that relate to the health safety and welfare of the general public and the environment.

O. Special use permit; duration. In the event the property is either sold or otherwise transferred, the permit will become null and void.

(1) The property shall be restored to its prior original use and any additional facilities constructed for the event venue shall be removed. If the new owner desires to utilize the property for an event venue, the new owner shall not be required to restore the property to its prior original use for a period of six months while the new owner diligently pursues a special permit from the Planning Board for an event venue use. During this six-month period, and unless and until a special permit is received, the property shall not be utilized as an event venue. The Planning Board may extend this six-month period if it finds that the new owner is diligently pursuing this special permit.

(2) The Planning Board is authorized to require as a condition to the issuance of a special permit that such special permit be renewed at a specified period after approval.

(3) The special permit shall comply with Village Code § 96-10, relative to operating permits.

P. Exterior lighting shall be limited to signs and any security and safety lights of the parking lot(s), walks and building entrances. All exterior lighting shall be shielded so as not to directly shine onto adjoining residential properties. No flashing, traveling, animated or intermittent lighting shall be visible from the property lines. All light levels shall be limited to 0.1 footcandle at the property line, and all fixtures shall meet IDA, LEED or Green Globes criteria for nighttime friendly or dark sky lighting.

Q. Fireworks shall not be permitted in connection with event venues.

R. All facilities are subject to an annual inspection by the Building Department.

§ 310-39.7 Farm distillery.

[Added 5-30-2023 by L.L. No. 7-2023]

A. The distillery must possess a New York State license for a farm distillery. Proof of an active application pending with the New York State Liquor Authority must be provided to the Building Department as part of an application for this use. Proof of licensure shall be a condition of special permit approval, and must be provided to the Building Department prior to the issuance of a certificate of occupancy.

B. The distillery must have frontage along and direct access onto New York State Route 32.

C. The actual distillery production area shall be limited to 4,000 square feet or less. This distillery production area may be separate from the tasting facility and/or gift shop.

D. Where a structure or structures of local or national historic or architectural significance exist on the site, existing structures shall be utilized, and any additions shall be, to the maximum practical extent, designed to be consistent with said original structures. All applications involving a structure of local or national historic significance shall be referred to the New York State Office of Parks, Recreation and Historic Preservation for review.

E. A farm distillery shall be permitted to host special events as an accessory use, where the primary use remains the production and consumption of alcoholic spirits. No special event held can exceed the maximum occupancy permitted for the buildings onsite; this shall include any events held outdoors.

F. A farm distillery and a farm winery may exist on the same property, and shall be exempt from the requirement to meet the bulk requirements for both uses. The more restrictive bulk requirements shall apply.

G. Applications for farm distillery should discuss and identify on the plans areas reserved for food service provisions.