Village of Wesley Hills, NY
Rockland County
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Table of Contents
Table of Contents
Special permit uses are listed in Articles V and VI of this chapter. The special permit uses for which conformance to additional standards is required by this chapter are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess such unique and special characteristics or such unique and special forms that each specific use shall be considered as an individual case.
The Planning Board shall be the approving agency for all special permit uses.
A. 
Applicants are encouraged to submit a preliminary, informal application and to discuss it with the Planning Board prior to formal submission of a complete and detailed special permit application. The informal application should include a schematic plan showing the general layout of the property and the proposed use.
B. 
The schematic plan should be submitted to the Planning Board not less than three weeks prior to the date of the Board meeting at which it is to be considered.
C. 
At the Planning Board meeting, the Board shall review the schematic plan and may schedule a field inspection of the site. The Board shall notify the applicant of any changes recommended prior to the preparation of a complete site plan.
A. 
Submission.
(1) 
Formal application for a special permit shall be made in two originals and 12 copies to the Planning Board. The formal application shall include the following items:[1]
(a) 
A completed special permit application form, including the name and address of the person, firm or corporation for whom the use is intended, and the name and address of the property owner. If the applicant or owner is a firm or corporation, the full name and residence of the firm or principal officers of the corporation shall be shown.
(b) 
A written statement describing the nature of the proposed use and how it will serve to implement the purposes of this chapter and the period of time for which the permit is requested.
(c) 
Four copies of a site plan with the information required by § 230-46B of this chapter.
(d) 
Completed owner's consent affidavit.
(e) 
Long environmental assessment form.
(f) 
Application fee. A certified check payable to the Village of Wesley Hills in accordance with the Village of Wesley Hills Fee Schedule.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
A complete special permit application, including the information listed above, shall be submitted not less than three weeks in advance of the Planning Board meeting at which the special permit plan is to be officially reviewed.
B. 
Referrals.
(1) 
The Planning Board shall submit copies of the special permit application to the Building Inspector, Code Inspector and Village Engineer and to other Village agencies or officials as it deems appropriate, all of whom shall inspect the premises and report their findings to the Board in writing within 45 days of the date of forwarding. The Planning Board also shall submit copies of the application to each county, state, or federal agency with jurisdiction over the application for information, review and comment.
[Amended 7-11-2017 by L.L. No. 2-2017]
(2) 
The Planning Board shall refer to the Rockland County Planning Board for its recommendation all matters within the provisions of Article 120, §§ 239-l and 239-m, of the General Municipal Law, which includes real property lying within 500 feet of the boundary of any city, Village, or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road, highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, and any special permit affecting such use or property within a distance of 500 feet. The Rockland County Planning Board shall render its decision within 30 days of referral or within an extended period if agreed upon. If the Rockland County Planning Board fails to report within such period of 30 days or such longer period as has been agreed upon by it and the Planning Board, the Board may act without such report. If the Rockland County Planning Board disapproves the proposal, or recommends modification thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within seven days after final action by the Planning Board, a report shall be filed of the final action it has taken with the County Planning Board which had made the recommendations, modifications or disapproval.
(3) 
The Planning Board shall give notice of any public hearing to be held regarding a special permit application to any adjacent municipality within 500 feet of the proposed special permit use, in accordance with General Municipal Law § 239-nn. Such notice shall be given by mail or electronic transmission at least 10 days prior to the public hearing. Such adjacent municipality may appear and be heard.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Public hearing. The Planning Board shall hold a public hearing on the special permit within 62 days of the date of receipt of a complete submission. Public notice and notice to owners of property within the area shall be the same as that required for zoning amendments changing the district classification of land, as set forth in § 230-78 of this chapter.
[Amended 9-13-1993 by L.L. No. 2-1993]
D. 
Planning Board decision. The Planning Board shall approve, approve with modifications, or disapprove the special permit within 62 days of the close of the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. Board approval, approval with modifications, or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in §§ 230-22 and 230-26 of this chapter. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant forthwith.
[Amended 9-13-1993 by L.L. No. 2-1993[3]]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Site plan application. Site plan approval under § 230-44A is required for all special permit uses. Insofar as practicable, special use permit and site plan approval procedures shall run concurrently.
F. 
Extensions of time periods. The applicant may grant extensions of any of the above stipulated time limits; provided, however, that any extension of time granted to an official or agency making a report to the Planning Board shall equally extend any subsequent time limit for the Board.
G. 
Dismissal of inactive applications. Whenever an application for a special permit shall have been adjourned for at least 12 successive months at the request of the applicant, the Planning Board may adopt a resolution dismissing the application if it has concluded that the applicant is not pursuing the application in a timely manner. Before the adoption of a resolution dismissing the application, the Planning Board must give written notice of at least three weeks to the applicant indicating its intent to consider such a resolution.
[Added 5-7-2013 by L.L. No. 4-2013]
All special permit uses shall comply with the following standards, in addition to the site plan standards of Article X of this chapter. The Planning Board shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to insure initial and continual conformance to all applicable standards and requirements.
A. 
The location and size of the special permit use, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the area in which it is located.
B. 
The location, nature and height of buildings, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the special permit use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C. 
Operations in connection with any special permit use will not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other characteristics than would be the operations of permitted uses not requiring a special permit.
D. 
Parking and loading areas will be of adequate size for the particular special permit use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum convenience and safety.
E. 
The special permit use will not result in diminution of the value of property in the neighborhood or a change in the character of the neighborhood in which the use would be situated.
A. 
A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use shall cease for more than one year for any reason or if substantial construction, in accordance with the special permit, has not been completed within one year from the date of issue or if all such required improvements are not maintained and all conditions and standards are not complied with throughout the duration of the special permit use.
[Amended 10-12-1999 by L.L. No. 1-1999]
B. 
For a use intended to be temporary, the Planning Board may issue a special permit for a specific period of time.
C. 
In connection with issuance of a special permit, the Planning Board may establish a schedule of inspection by the Building Inspector of a special permit use to determine continued compliance with this chapter.
D. 
Any change in use or reduction in lot size requires amendment to the special permit, following the application and review requirements of this section.
No permit shall be issued for a special use permit for a property where the Building Inspector or Code Inspector has found a violation of this chapter and where such violation has not been corrected.
Application for a special use permit shall be accompanied by a fee as listed in the fee schedule adopted by the Board of Trustees.
The following individual standards and requirements are hereby established for special permit uses. They must be met before issuance of a special permit, in addition to all other requirements of this chapter.
A. 
Public utility buildings, substations, lines, poles and facilities; standpipes and water towers.
(1) 
When proposed in a residential district, these uses shall be subject to a finding, in addition to the standards of § 230-22, that a local public necessity exists for such use, and that use of the particular site for which application is made is necessary from the local public standpoint.
(2) 
The Planning Board may require that such use be enclosed by protective fencing with a gate which shall be closed and locked except when necessary to obtain access thereto.
(3) 
The installation shall be so designed, enclosed, painted, and screened with evergreens that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood.
(4) 
Adequate parking areas shall exist or be provided for maintenance, service or other vehicles. Parking areas may be on-street or off-street, as determined by the Board.
(5) 
All construction shall meet the requirements of § 230-17 for the district in which it is located.
B. 
Private membership clubs.
(1) 
To qualify for use as a private membership club, a lot must have a minimum area of 20 acres and must have frontage on and practical access to a major road as defined by this chapter.
(2) 
In residential districts, all buildings, structures and recreational facilities shall be set back from adjacent residential lot lines at least twice the minimum yard requirement for residential buildings in said district, except that the Planning Board may permit a reduction of this additional setback requirement where, because of topography, the installation of additional buffer landscaping or fencing, or the particular nature of the use, any potential adverse external effect of such use will be minimized. Buildings and structures shall meet the requirements of § 230-17 of this chapter for the district in which they are located.
(3) 
No club shall be operated so as to create a nuisance to surrounding properties. The Planning Board shall attach such conditions to the permit and may require such fencing and/or equivalent landscaping or such other facilities as are required to protect neighbors from excessive light or noise, or stray balls or other nuisances and hazards, which would be inherent in the operation of the club. No use of a clubhouse or club site shall involve the discharge of firearms, bow and arrow, or any other dangerous weapons. The Board shall establish such facilities as are necessary to protect neighboring properties from stray missiles and excessive noise.
(4) 
The Board may reduce the parking requirements with respect to the number of members or family memberships in any case where the maximum anticipated number of cars at the club, because of its particular type, location, hours of operation, capacity of club facilities, or other reason, would be less than the requirements of this chapter, but not less than one space for each three memberships, provided that the club facilities are so laid out that there are lawn areas or other spaces of ample size that could accommodate temporary overflow parking equivalent to the amount of reduction of the requirements.
(5) 
The requirements of this chapter shall not be construed to prevent the utilization or rental of such club, or parts thereof, for benefits or performances for a recognized charity, or for meetings of other organizations.
(6) 
In issuing a special permit for a private membership club, the Planning Board shall specify the specific use or purpose of the club and the maximum number of members, seating capacity or facility capacity for which the approval is given.
C. 
Neighborhood facilities.
[Amended 12-13-1988 by L.L. No. 7-1988]
(1) 
In residential districts, all buildings, structures and recreational facilities shall be set back from adjacent residential lot lines at least twice the minimum yard requirement for residential buildings in said district, except that the Planning Board may permit a reduction of this additional setback requirement where, because of topography, the installation of additional buffer landscaping or fencing, or the particular nature of the use, any potential adverse external effect of such use will be minimized. All buildings and structures shall also meet all other requirements of § 230-17 of this chapter for the district in which they are located.
(2) 
No outdoor public address systems shall be permitted.
(3) 
No facility shall be operated so as to create a nuisance to surrounding properties. The Planning Board shall attach such conditions to the permit and may require such fencing and/or equivalent landscaping or such other facilities as are required to protect neighbors from excessive light or noise, or stray balls or other nuisances and hazards, which would be inherent in the operation of the facility. No use of a facility shall involve the discharge of firearms, bow and arrow, or any other dangerous weapons. The Board shall establish such facilities as are necessary to protect neighboring properties from stray missiles and excessive noise.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
In issuing a special permit for a neighborhood facility, the Planning Board shall specify the specific use or purpose of the facility and the maximum number of members, seating capacity or facility capacity for which the approval is given.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
The lot on which such use is located shall have frontage on and practical access to a major road as defined in this chapter.
D. 
Farm stands.
(1) 
Such use shall sell only that produced or raised on the premises.
(2) 
No structure or combination of structures for said use shall exceed 1,000 square feet in ground floor area.
(3) 
All structures shall comply with the lot area, yard and coverage requirements of the zoning district in which they are located.
(4) 
The lot on which such use is located shall have frontage on a major road as defined in this chapter.
E. 
Camps.
(1) 
To qualify for use as a camp, a lot must have a minimum lot area of 20 acres and must have frontage on and actual access from a major road as defined in this chapter.
(2) 
Camps may include such structures as bungalows, tent stands and cottages, provided that no heating or plumbing facilities are installed to permit year-round residential communities.
(3) 
Camps shall not be deemed to include any trailer or recreational vehicle facilities or any accommodation for transient camping.
(4) 
In residential districts, all buildings, structures and recreational facilities shall be set back from adjacent residential lot lines at least twice the minimum yard requirement for residential buildings in said district, except that the Planning Board may permit a reduction of this additional setback requirement where, because of topography, the installation of additional buffer landscaping or fencing or the particular nature of the use, any potential adverse external effect of such use will be minimized. Buildings and structures shall meet all other requirements of § 230-17 of this chapter for the district in which they are located.
(5) 
No camp shall be operated so as to create a nuisance to surrounding properties. The Planning Board shall attach such conditions to the permit and may require such fencing and/or equivalent landscaping or such other facilities as are required to protect neighbors from excessive light or noise, or stray balls or other nuisances and hazards, which would be inherent in the operation of the camp. No use of a camp house or campsite shall involve the discharge of firearms, bow and arrow, or any other dangerous weapons. The Board shall establish such facilities as are necessary to protect neighboring properties from stray missiles and excessive noise.
(6) 
No outdoor public address systems shall be permitted.
F. 
Day-care centers.
[Amended 12-13-1988 by L.L. No. 7-1988]
(1) 
Such use shall comply with all licensing, site area and dimensional requirements established for such establishments by the New York State Department of Social Services.
(2) 
If located in a residential district, the minimum lot area and all yard setbacks for such use shall be equal to twice those required in the district. All other requirements of § 230-17 of this chapter shall be met.
(3) 
If located in a residential district, such use shall have frontage on and practical access to a major road as defined in this chapter.
(4) 
A buffer area conforming to the requirements of § 230-53C may be required along all adjoining residential property boundaries or across the street from residential properties, except where driveway access is required.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
No nursery school or day-care center shall be operated so as to create a nuisance to surrounding properties. The Planning Board shall attach such conditions to the permit as it deems necessary to protect surrounding properties.[4]
[4]
Editor's Note: Original § 6.9.7, Group family day care homes, added 12-13-1988 by L.L. No. 7-1988, which immediately followed this subsection, was repealed 1-10-2012 by L.L. No. 1-2012.
G. 
Neighborhood gatherings.
[Amended 1-13-2009 by L.L. No. 1-2009[5]]
(1) 
A neighborhood gathering is permitted as a special permit use by the Planning Board, provided that it finds:
(a) 
The building containing the neighborhood gathering shall comply with all requirements of all applicable building codes of New York State.
(b) 
The maximum number of persons using the neighborhood gathering shall be the maximum number that can comply with the building codes of New York State, as applied to the building containing the neighborhood gathering.
(c) 
The neighborhood gathering shall be located on a lot which contains at least the minimum front yard, side yard, and rear yard required for one-family detached dwellings in the district in which it is located and which complies with the maximum building height, impervious surface ratio, and front yard impervious surface ratio requirements for one-family detached dwellings in the district in which it is located.
(d) 
Notwithstanding anything contained to the contrary in § 230-17 of this chapter, the maximum building coverage for a lot on which a neighborhood gathering is located shall be 0.15.
(e) 
In its review of applications for certain neighborhood gatherings, the Planning Board may increase the maximum building height (feet) by a factor not exceeding 25%. This discretion shall be available for the following applications: a) neighborhood gatherings in exclusively nonresidential structures; and b) for neighborhood gatherings in or attached to single-family residences, only to that portion of the structure that contains the neighborhood gathering. However, the Planning Board shall not have authority to increase the maximum exposed building height.
[Amended 9-6-2011 by L.L. No. 2-2011]
(f) 
The Planning Board may require the provision of parking spaces in excess of the minimum number specified in § 230-31 if it determines that such additional spaces are necessary for the neighborhood gathering to be able to operate in a manner that is consistent with public safety and neighborhood character.
(g) 
All required parking spaces must be provided on the lot on which the neighborhood gathering is located. Unless the neighborhood gathering has frontage and practical access exclusively on a major road, an application may be made to the Planning Board for relief from this requirement. Upon such application, the Planning Board may determine to allow parking in any of the following locations to count towards satisfaction of the parking requirement if it determines that it would be consistent with public safety and neighborhood character to do so:
[Amended 9-6-2011 by L.L. No. 2-2011]
[1] 
On-street parking on any street other than a major road;
[2] 
On-street parking on any street other than a street or portion thereof which has pavement width of less than 30 feet;
[3] 
On-street parking on any street other than a street or portion thereof which has only a single means of access and egress;
[4] 
Parking on other lots within the Village of Wesley Hills and within 100 yards of the periphery of the lot on which the neighborhood gathering is located, with the permission of the owners of such lots; or
[5] 
A combination thereof.
(h) 
The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, landscaping and/or fencing to screen the neighborhood gathering from adjacent residential properties, outdoor lighting, and other conditions of use of the neighborhood gathering as, in the judgment of the Board, are necessary for the neighborhood gathering to be able to operate in a manner that is consistent with public safety and neighborhood character.
(i) 
One nonilluminated sign showing the name and address of the neighborhood gathering shall be allowed. Such sign may not exceed five square feet in area if such sign is located on a wall of the building. Such sign may not exceed one square foot if such sign is located on a post set in the ground.
[Amended 9-6-2011 by L.L. No. 2-2011]
(2) 
The lot shall be required to comply with the maximum impervious surface ratio set forth in § 230-17 of this chapter, unless the applicant shall also obtain a special permit for increased impervious surface pursuant to Subsection L of this section.
(3) 
For a neighborhood gathering located in a building that also contains a single-family residence, the Planning Board may waive the requirement that one indoor parking space shall be provided for the residence.
[Added 9-6-2011 by L.L. No. 2-2011][6]
[6]
Editor's Note: Original § 6.9.9, Religious or neighborhood gatherings, added 12-13-1988 by L.L. No. 7-1988, amended 3-11-2003 by L.L. No. 1-2003, which immediately followed this subsection, was repealed 1-13-2009 by L.L. No. 1-2009.
[5]
Editor's Note: This local law also repealed original § 6.9.8, Religious use, amended 12-13-1988 by L.L. No. 7-1988, 6-12-1990 by L.L. No. 3-1990, and 3-11-2003 by L.L. No. 1-2003.
H. 
Cemeteries.
[Amended 12-13-1988 by L.L. No. 7-1988]
(1) 
A cemetery is permitted as a special permit use by the Planning Board, provided it finds:
(a) 
The use meets all state and county requirements for a cemetery.
(b) 
The lot on which such use is located shall have a minimum area of 20 acres and must have frontage on and practical access to a major road as defined by this chapter.
(c) 
All buildings and structures on the property are limited to a maximum building height of 20 feet.
(d) 
All grave sites, walls, buildings or structures are located at least 50 feet from all lot lines.
(e) 
All buildings and structures on the property must be approved by the Planning Board.
[Amended 9-6-2011 by L.L. No. 2-2011]
(2) 
The Planning Board may impose such restrictions and regulations which would avoid or minimize traffic hazards, impairment of the use, enjoyment, or value of property in the surrounding area, as well as deterioration of the appearance of surrounding area.
I. 
Schools.
[Amended 6-17-1993 by L.L. No. 1-1993]
(1) 
To qualify for use as a school, a lot must have a minimum area of 10 acres. If the number of enrolled pupils in the school exceeds 200, the lot must have an additional minimum lot area of 0.01 acre for each pupil enrolled in excess of 200.
[Amended 12-16-2008 by L.L. No. 3-2008]
(2) 
No portion of any land under water shall be counted toward the minimum lot area. Not more than 1/4 of any land which is defined as "wetlands" in Chapter 221, Wetlands, § 221-3, of the Village Code, as the same may be amended from time to time, or which is within a one-hundred-year frequency floodplain or within utility or drainage easements or rights-of-way shall be counted toward the minimum lot area.
(3) 
No portion of any land with unexcavated slopes over 25% shall be counted toward the minimum lot area. Not more than 1/3 of any land with unexcavated slopes over 20% but not over 25% shall be counted toward the minimum lot area. Not more than 2/3 of any land with unexcavated slopes over 15% but not over 20% shall be counted toward the minimum lot area. However, notwithstanding anything to the contrary contained in this subsection hereinabove, all land within 75 feet of any of the lot lines shall be counted in full toward the minimum lot area, regardless of the slope thereof.
(4) 
Such use shall have frontage on and practical access to a major road as defined in this chapter. Such use shall be designed so that all vehicular ingress and egress shall be from a major road.
(5) 
All buildings and structures shall be set back from adjacent residential lot lines at least 100 feet. All unenclosed recreational facilities shall be set back from adjacent residential lot lines at least 75 feet. Such setback area shall include a buffer screening area at least 35 feet in width along every residential lot line, which buffer screening area shall contain such numbers, types, and arrangement of plantings, fencing, or other buffer screening material as, in the judgment of the Planning Board, will be adequate to screen the use from the adjoining lots.
(6) 
All driveways and unenclosed parking facilities shall be set back from adjacent residential lot lines at least 50 feet. Such setback area shall include a buffer screening area at least 35 feet in width along every residential lot line, which buffer screening area shall contain such numbers, types, and arrangement of plantings, fencing, or other buffer screening material as, in the judgment of the Planning Board, will be adequate to screen the use from the adjoining lots. Such setback area may be reduced by the Planning Board to not less than 35 feet when, in the judgment of the Planning Board, the existing or proposed vegetation, when considered together with existing or proposed topographic features and the distances to the used portions of the adjoining lots, shall be sufficiently dense to satisfy the same purpose.
(7) 
Buildings and structures shall meet all other requirements of § 230-17, Table of Dimensional Requirements, for the district in which they are located.
(8) 
The sources of exterior lighting shall be so shielded that they are not visible beyond the boundaries of the lot on which they are located.
(9) 
No illuminated outdoor recreation facilities shall be permitted.
(10) 
No illuminated signs shall be permitted.
(11) 
No outdoor public address systems shall be permitted.
(12) 
Such school shall comply with all licensing, site area, dimensional and other requirements established for such school by the New York State Department of Education and all applicable building and fire prevention codes.
(13) 
In addition to the requirements for site plan submission, a floor plan of any existing or proposed building or structure shall be submitted together with the maximum occupancy requested for each building, structure or facility.
(14) 
The Planning Board may impose such restrictions and regulations which would avoid or minimize traffic hazards, impairment of the use, enjoyment, or value of property in the surrounding area, as well as deterioration of the appearance of the surrounding area.
(15) 
The special permit shall specify, as a condition thereof, the maximum number of pupils authorized to be enrolled in a school on the lot. The approved site plan also shall specify the maximum number of pupils permitted to be enrolled in the school, based upon the maximum design capacity of the proposed buildings with reference to the criteria set forth in the applicable fire prevention and building code, which number in any event may not exceed the maximum number of students allowed as a condition of the special permit.
(16) 
Schools which contain a dormitory shall comply with the following additional requirements:
[Added 9-9-1997 by L.L. No. 4-1997]
(a) 
A dormitory shall be permitted only where it is incidental and accessory to the principal use of the lot as a school. Dormitory building(s) shall be used only during the regular school year.
(b) 
In the R-50 District, 10,000 square feet of net lot area shall be required for each person residing on the lot; and in the R-35 District, 7,000 square feet of net lot area shall be required for each person residing on the lot. Net lot area shall be calculated with the same deductions as set forth for minimum lot area in Subsection I(2) and (3). A school containing a dormitory must satisfy both the minimum lot area requirement set forth in Subsection I(1) (which will determine the maximum number of pupils authorized to be enrolled in the school) and the net lot area requirement set forth in this paragraph (which will determine the maximum number of persons authorized to reside in the dormitory). The same lot area may be used to satisfy both of those requirements simultaneously.
(c) 
The special permit shall specify, as a condition thereof, the maximum number of persons authorized to reside on the lot. The approved site plan also shall specify the maximum number of persons permitted to reside in the dormitory, based upon the maximum design capacity of the proposed dormitory with reference to the criteria set forth in the applicable fire prevention and building code, which number in any event may not exceed the maximum number of persons allowed to reside on the lot as a condition of the special permit.
(d) 
The applicant shall be required to demonstrate to the satisfaction of the Planning Board that adequate nonstudent adult supervision of the resident students will be provided, taking into consideration the number and age of the students, the physical arrangement of the dormitory, and other relevant factors. In no case shall the ratio of nonstudent adult supervisors to resident students be less than 1:15 nor more than 1:10. In each building where students are residing, at least one nonstudent adult supervisor shall be present.
(e) 
No cooking shall be allowed in a dormitory.
(f) 
No student residing in a dormitory shall be allowed to park, store, or otherwise maintain a car at the school.
(g) 
A written statement submitted by the applicant shall include, in addition to other information which may be required, information regarding student residency restrictions and policies, security (i.e., fencing, lighting, supervision, etc.), minimum floor area of living area per student, emergency services, student health care, quiet hours, visitation policies, and resident student and staff transportation.
J. 
Home businesses.
[Amended 10-12-1999 by L.L. No. 1-1999]
(1) 
A home business, other than a home occupation, is permitted as a special permit use by the Planning Board, provided it finds:
(a) 
The primary residential purpose of the lot shall be maintained; to this end, the home business use of the property (inclusive of permitted storage of all materials) shall be limited to not more than 500 square feet or 25% of the gross floor area of the principal residential structure, whichever is less.
(b) 
The home business shall not generate round trips or require visits (for any purpose, including pickups or deliveries other than regular mail, commercial mail service, and next-day courier service) by nonresidents of the dwelling unit within which the home business is located in excess of eight per day. However, if the home business has frontage on and practical access to a major road as defined in this chapter, this limit shall not be applicable.
(c) 
Pickups or deliveries shall be allowed only between the hours of 8:00 a.m. and 6:00 p.m.
(d) 
The home business shall be carried on wholly indoors.
(e) 
There shall be no external display or advertising of goods or services or other external evidence of such use other than one nonilluminated identification sign as permitted by § 230-56D of this chapter.
(f) 
The establishment of such home business shall not require external alterations or construction features not customarily found in dwelling units.
(g) 
The appliances and equipment required for the home business shall be operated in such a manner that they do not produce and emit, beyond the boundaries of the premises on which the use is located, dust, glare, hazard, heat, light, noise, nuisance, odor, radiation, radio or TV interference, smoke, or vibration, and are in no other manner obnoxious, offensive, or detrimental to the immediate neighborhood.
(h) 
The home business itself shall be conducted in such a manner and during such hours that it is in no way obnoxious, offensive, or detrimental to the immediate neighborhood.
(i) 
The home business shall not involve merchandising, trade, or the exchanging of commodities by sale to persons who come to the premises.
(j) 
No service involving the repair of devices powered by gasoline, diesel fuel, kerosene or other fuels shall be permitted.
(k) 
The use shall not result in the parking of more than three client vehicles at one time on the property or on the street.
(2) 
The Planning Board shall determine the number of off-street parking spaces that must be provided, their location on the lot, and the screening which shall be provided in order to buffer parking areas and driveways from adjoining lots.
(3) 
In granting any such special permit, the Planning Board may impose reasonable conditions consistent with preserving the character of the neighborhood and the public health, safety, and general welfare of the community, including, without limitation, the number of patients, clients, customers, or students which may visit the premises at any given time and the time of day and days of the week of such visits.
(4) 
Any special permit granted by the Planning Board shall apply only to the use described in such permit, and it shall expire upon the termination or modification of such use.
(5) 
Notice of the home business use shall be given to the local Fire Department.
(6) 
A simple plot plan showing the lot, driveways, paved areas and all structures thereon shall be submitted as a part of the application. No site plan is required, unless otherwise required by the Planning Board.
K. 
Keeping of horses, cattle, goats or sheep.
(1) 
One animal shall be permitted per lot. One additional animal shall be permitted for each additional full acre of lot area in excess of the minimum lot area required by § 230-17 of this chapter. Not more than six animals shall be kept on a lot, regardless of its lot area. The acreage or lot standards required for one type of animal may not be used to meet the standards for another animal.
(2) 
All animals shall be kept at least 75 feet from each property line. Barns and manure storage areas shall be located at least 75 feet from each property line.
(3) 
The Planning Board may require landscaping or screening adjacent to neighboring properties.
(4) 
Commercial livery stables and boarding stables are not permitted.
L. 
Increased impervious surface. In the R-50 and R-35 Districts, the Planning Board may grant a special permit to increase the maximum impervious surface specified in § 230-17 of this chapter to 0.40, provided the following conditions are met:
(1) 
The report of the Village Engineer shall determine that stormwater runoff from the increased impervious surface can be accommodated without damaging neighboring or downstream properties.
(2) 
The Planning Board may require landscaping and/or screening to buffer the proposed construction from neighboring properties.
(3) 
All other requirements of § 230-17 of this chapter shall be met.
M. 
Wireless telecommunications facilities.
[Added 4-8-1997 by L.L. No. 2-1997; amended 7-11-2017 by L.L. No. 2-2017]
(1) 
The Village of Wesley Hills has received and expects to receive requests to site wireless telecommunications facilities within its municipal boundaries. It is the intent of the Village to protect and promote the health, safety and general welfare of its residents by establishing an orderly process for regulating the siting of wireless telecommunications facilities while balancing the need for adequate service levels. Therefore, the purposes of this subsection are to establish standards for the safe provision of telecommunications services consistent with applicable state and federal law; to minimize the adverse visual impact of wireless telecommunications facilities through proper design, site placement, height limitation and vegetative screening and thereby to retain the residential character of the Village and to maintain property values; and to encourage the shared use of wireless telecommunications facilities. In furtherance of these goals, the Village shall give consideration to the Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of wireless telecommunications facilities. There are numerous county and state roads within and adjacent to the Village; telecommunications providers are encouraged, if consistent with the provisions of this subsection, to consider sites on those roads as preferable to other sites.
(2) 
Every special permit for a wireless telecommunications facility shall be limited to the applicant, and any assignment or transfer of such special permit, or any of the rights thereunder, shall be made only with the approval of the Planning Board, except in the case of an assignment or transfer to a corporate affiliate or successor of the applicant. In the event that an assignment or transfer to a corporate affiliate or unaffiliated entity is intended, the assignor shall notify the Planning Board as soon as practical, but prior to the assignment or transfer, of its intent to transfer or assign such special permit or any rights thereunder.
(3) 
No wireless telecommunications facility shall be constructed or installed until the application is reviewed and approved by the Planning Board and the special permit has been issued. The Planning Board may reject any application that does not meet the requirements herein or is otherwise incomplete. The special permit shall be valid for five years, but may be terminated at any time, subject to re-application by the permit holder, if:
(a) 
The conditions under which the special permit was issued are no longer fully enforceable; or
(b) 
The Planning Board determines that in order to protect the public while providing for nondiscriminatory treatment of wireless telecommunications facilities, it is necessary to modify the conditions.
(4) 
Renewal of special permit.
(a) 
The holder of a special permit for a wireless telecommunications facility that shall be issued after the effective date of this subsection shall submit a written application to the Planning Board for renewal of the special permit at least six months prior to the expiration of the special permit. To be eligible for renewal, the applicant must meet the requirements of Subsection M(5) of this subsection and also the requirements of Subsection M(6) of this subsection, if applicable. If, after reviewing the application for renewal, the Planning Board determines that the permitted wireless telecommunications facility is in compliance with the special permit, and is otherwise eligible for a special permit, then the Planning Board may renew and/or issue a special permit for a wireless telecommunications facility, which may include new provisions or conditions imposed by the Planning Board or required by applicable statutes, laws, codes, rules and regulations. Such renewed special permit shall be valid for an additional five years. The Planning Board shall not renew or issue a special permit, but shall require reapplication, if any condition of the special permit is no longer fully enforceable, or if it is determined that the conditions, if maintained, must be extended to other installations and the Planning Board determines that in order to protect the public while providing for nondiscriminatory treatment of wireless telecommunications facilities, it is necessary to modify the conditions.
(b) 
If the holder of a special permit for a wireless telecommunications facility (including a special permit that was renewed pursuant to the provisions of the preceding subsection) does not submit a request for renewal at least six months prior to the expiration of that special permit or renewed special permit, as the case may be, then such special permit and any authorization granted thereunder shall terminate on the fifth anniversary of the original issuance of the special permit or the fifth anniversary of the most recent granting of renewal of such special permit, as the case may be.
(5) 
Standards.
(a) 
The proposed wireless telecommunications facility must be the least intrusive means of closing a significant gap in coverage and/or data capacity. An applicant for modification of a facility which previously demonstrated that the facility closed a significant gap or is entitled by law to modify a facility need not demonstrate that the modification closes a significant gap.
(b) 
Every wireless telecommunications facility shall be designed, constructed, maintained and operated in a manner that minimizes noise and traffic to surrounding areas and ensures the security of the facility.
(c) 
All uses ancillary to the wireless telecommunications facility, including a business office, maintenance depot and vehicle and equipment storage (other than equipment needed for the maintenance of the facility), shall be prohibited on the site.
(d) 
An application shall not be approved unless it is demonstrated that the wireless telecommunications facility, whether considered individually or in conjunction with other sources of radio-frequency emissions whose effects are to be considered in determining compliance with applicable laws and regulations, will comply with applicable standards for environmental effects of radio-frequency emissions. As a condition of any special permit, whether stated in the permit or not, a wireless telecommunications facility must at all times comply with the applicable individual facility and cumulative standards for environmental effects of radio-frequency emissions and power density standards, and upon request must demonstrate compliance with those standards. If at any time during the operation of the wireless telecommunications facility the radio-frequency emissions are not in compliance with applicable standards, the operator shall immediately notify the Village of Wesley Hills and immediately terminate the operation of the wireless telecommunications facility. Before resuming operation of the wireless telecommunications facility, the operator shall explain to the Planning Board the cause of the failure to comply with radio-frequency emissions standards or power density standards and demonstrate to the Planning Board all measures taken to correct the failure to comply and to prevent such noncompliance in the future.
(e) 
Co-location with an existing wireless telecommunications facility shall be required unless the applicant submits proof acceptable to the Planning Board that reasonable efforts to co-locate have been unsuccessful. Notwithstanding the previous sentence, co-location shall not be required or permitted where co-location would create a conflict with Subsection M(6) of this subsection.
(f) 
For any wireless telecommunications facility that is not located in a street, no freestanding support structure shall be permitted except for a monopole.
(g) 
The applicant shall document additional capacity for future shared use of the support structure and shall certify that such additional capacity shall be available to future applicants providing personal wireless services, subject to good-faith negotiations.
(h) 
Height limitations.
[1] 
Notwithstanding the following height limitations, in no case shall a wireless telecommunications facility exceed the maximum height reasonably necessary to accomplish the purpose it is proposed to serve.
[2] 
For an attached wireless telecommunications facility that is attached to a building, the height of the antenna array shall not exceed by more than 15 feet the highest point of the support structure on which such antenna array is affixed.
[3] 
The height of any freestanding wireless telecommunications facility shall not exceed 100 feet measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the support structure.
(i) 
Setback standards.
[1] 
An attached wireless telecommunications facility that is attached to a building shall comply with the applicable setback requirements for principal buildings for the zoning district in which it is located.
[2] 
In order to contain on-site substantially all debris resulting from support structure failure or ice-fall, a freestanding wireless telecommunications facility shall be located not less than twice the otherwise applicable setback requirements for principal structures for the zoning district in which it is located or the height of the facility, whichever shall be greater.
[3] 
An equipment facility shall comply with the applicable setback requirements for principal buildings for the zoning district in which it is located.
[4] 
None of the foregoing setback standards are intended to permit installation of wireless telecommunications facilities in the streets for which a special permit could not be issued under Subsection M(6) of this subsection.
(j) 
Visual impact.
[1] 
For an attached wireless telecommunications facility that is attached to a building, an antenna array located on the exterior of an attachment structure shall be of colors that are harmonious with the exterior of the attachment structure.
[2] 
For a freestanding wireless telecommunications facility, the support structure shall be of a neutral color scheme that is harmonious with the surrounding natural features, buildings and structures.
[3] 
An equipment facility shall be sited to minimize adverse visual impact on surrounding areas, parks, roadways and other community or cultural settings. The Planning Board may require that an equipment facility be located completely or partially below grade or be located within an existing building or structure. An equipment facility not located within an existing building or structure shall be treated in an architectural manner compatible with the buildings and structures in the vicinity using materials, colors and textures designed to blend with the surrounding buildings and structures and/or natural surroundings.
[4] 
To enable the Planning Board to assess the visual impact of the proposed facility, the applicant shall provide the graphic information required by § 230-26M(7)(c)[2], to the satisfaction of the Planning Board.
(k) 
Landscaping.
[1] 
In determining the appropriate landscaping to be provided, the Planning Board shall consider the visual impact of the wireless telecommunications facility in its setting with regard to immediate proximity of observers and the sight lines from major viewing points. The area surrounding the wireless telecommunications facility shall be landscaped and maintained with paving, trees, shrubs and ground cover consistent with the surrounding community character and satisfactory to the Planning Board.
[2] 
When a fence is required to secure a wireless telecommunications facility, the outside of such fencing shall be landscaped with trees, shrubs or climbing material on the fencing satisfactory to the Planning Board.
[3] 
An existing natural vegetative buffer which meets or exceeds the above requirements may be retained to meet the landscaping requirements set forth above.
(l) 
In approving an accessway to a wireless telecommunications facility, the Planning Board may waive the usual standards for the construction and width of public roads. The accessway shall provide an adequate turning radius for vehicles servicing the wireless telecommunications facility to enter and leave the site without reversing.
(m) 
Signal lights or illumination shall be prohibited unless required by the Federal Communications Commission or the Federal Aviation Administration or other applicable federal or state legislation.
(n) 
Signs shall be prohibited unless required by applicable laws or regulations or required or permitted by the Planning Board.
(6) 
Wireless telecommunications facilities in streets.
(a) 
The requirements of this Subsection M(6) are in addition to the requirements in any franchise, and the issuance of a special permit under this provision does not authorize installation of any facility that is not authorized by, or is in violation of, the conditions of any relevant franchise.
(b) 
Any special permit issued to an applicant terminates automatically on the revocation or expiration of the relevant franchise.
(c) 
For purposes of evaluating an application, all physical dimensions described in this subsection include the physical dimensions of the planned facility and any modifications which the applicant may be entitled to make to the wireless telecommunications facility as a matter of law.
(d) 
A special permit may specify modifications that may occur with notice but without further application to the Planning Board; but the specification of such permitted modifications does not relieve the permittee of its obligation to apply for and obtain permits, authorizations or inspections required from other Village departments in connection with performing work or placing facilities in the streets.
(e) 
For purposes of this subsection, existing support structures include utility poles, light standards, and other structures in the street that the applicant is authorized to use.
(f) 
A special permit may be issued with respect to a wireless telecommunications facility that an applicant proposes to locate in the streets if, in addition to satisfying the conditions of Subsection M(5) of this subsection, an applicant's proposal satisfies the following criteria:
[1] 
The supporting structure and antenna array will be located on a street defined as a "major road" in § 230-5, whenever it is possible for such location to close a significant gap in wireless telecommunications services.
[2] 
The supporting structure and antenna array will be located on a street where utility lines are aerial and where new communications lines may be placed above ground.
[3] 
Unless co-located on the same supporting structure, the antenna array will be located at least 1,000 feet from the antenna array associated with with any other wireless telecommunications facility located in the streets, or 1,000 feet minus a distance required to avoid placement of the antenna array in front of a one-family dwelling on the same side of the street as the antenna array, whichever is less. Distance is measured in a radius.
[4] 
All portions of the wireless telecommunications facility (other than the supporting structure and ground-mounted or underground equipment facilities) must be located at least eight feet above ground level and must be designed to provide adequate roadway clearance, to prevent interference or hazard to pedestrians, vehicular traffic, or other property in the roadway, and to minimize the visual impact of the facilities to adjoining properties.
[5] 
For installations on existing support structures, all facilities will be flush-mounted. Antenna arrays are treated as flush-mounted if the point of attachment is to the existing pole or a vertical extension of the existing pole. The design, placement and physical dimensions of the wireless telecommunications facility must be consistent with the design, placement and physical dimensions of the support structure to which it will be attached, and in any event may not:
[a] 
Require an expansion of the footprint of the existing support structure of more than 10%;
[b] 
Use an antenna other than an omnidirectional, whip or panel antenna, or result in an extension of the height of a supporting structure (including the vertical height of the antennas) of more than eight feet above the top of the existing support structure for omnidirectional or whip antennas, or more than four feet for panel antennas;
[c] 
Result in an expansion of more than 10% in the circumference or width of the existing support structure;
[d] 
Intrude on any sidewalk, vehicular roadway, or pedestrian walkway, or create a significant additional hazard for the same;
[e] 
Have more than one antenna array with three antennas, with no antenna extending more than 12 inches horizontally from the face of the pole, or have a single omnidirectional antenna the diameter of which exceeds the diameter of the existing pole; or
[f] 
Require installation of other equipment on the existing support structure that exceeds four feet in height and the greater of three feet in width or three times the width of the existing support structure at the point of attachment.
[6] 
New support structures shall be permissible only if there is no existing support structure that can accommodate the facilities required to provide service consistent with Subsection M(6)(f)[5]. For such installations:
[a] 
The new support structure and its footprint {as permitted by § 230-26M(6)(f)[5][a] and [c]} will be of a design and have physical dimensions consistent with existing utility poles in the area where it will be located;
[b] 
The new support structure will not intrude on any sidewalk, vehicular roadway, or pedestrian walkway, or create a significant additional hazard for the same; and
[c] 
The antenna array and other equipment installed on the new support structure would comply with the requirements of § 230-26M(6)(f)[5][b], [e] and [f] if the support structure were an existing structure.
[7] 
References to the dimensions of an "existing support structure" refer to the dimensions at the time of the initial installation of a wireless telecommunications facility upon that structure. By way of example and not limitation, if a utility pole were extended vertically six feet to accommodate a whip antenna, it could later be increased in size an additional two feet to modify that facility and comply with § 230-26M(6)(f)[5]; but a later addition of three feet would not comply with § 230-26M(6)(f)[5].
[8] 
References to specific dimensions, distances and locations in this section do not limit the authority of the Planning Board to impose additional conditions on the grant of the special permit, where warranted under § 230-26M(5), including, by way of example and not limitation, requiring placement of equipment to minimize visual impacts.
(7) 
Application procedure.
(a) 
An application for approval of a wireless telecommunications facility shall be submitted on the relevant forms for special permit and site plan approval. Site plan approval by the Planning Board in accordance with Article X of this chapter shall be required.
(b) 
The Planning Board (or the Board of Appeals in the event of an application for a variance) may hire a qualified professional consultant and/or expert of its choice to review the site plan and special permit applications and the initial and annual radio-frequency emissions certification report, the cost of which shall be reimbursed by the applicant from an escrow account established by the applicant with the Village for the reimbursement of professional review fees. The initial amount of such escrow account shall be in accordance with the Village of Wesley Hills Fee Schedule. The payment of such fees shall be required in addition to any and all other fees required by this chapter, or any other state or local law, ordinance or regulation. The applicant shall be provided with copies of the Village vouchers for such services as they are submitted to the Village. When the balance in such escrow account is reduced to one-half of the initial escrow deposit amount, the applicant shall deposit additional funds into such account to bring its balance up to 100% of the amount of the initial escrow deposit, or to some lesser amount as deemed acceptable by the Planning Board to complete the review of the application. If such account is not replenished within 20 days after the applicant is notified in writing of the requirement for such additional deposit, the Planning Board may suspend its review of the application. A building permit or certificate of occupancy shall not be issued unless all professional review fees charged in connection with the applicant's project have been reimbursed to the Village. After all pertinent charges have been paid, the Village shall refund to the applicant any funds remaining on deposit in such escrow account.
(c) 
Applicants other than applicants for renewal shall be required to submit the following, and such other information as the Planning Board may require in order to discharge its responsibilities under this subsection:
[1] 
The name and address of the owner of the wireless telecommunications facility and the name and address of the owner of the property on which such facility is proposed to be located. Additionally, the application shall include the name and address of a person who shall be designated as managing agent in control of and responsible for the maintenance of the facility and a person who resides or has a place of business in Rockland County who shall be designated as the person upon whom process may be served as agent of the applicant.
[2] 
The required full environmental assessment form (EAF), Part I, and the visual EAF addendum (Appendix A and Appendix B, 6 NYCRR Part 617.20), including graphic information in the form of photographs or computer-generated images with the wireless telecommunications facility superimposed that portrays the visual impact of the facility from various vantage points.
[3] 
A report signed by a New-York-State-licensed professional engineer with expertise in radio communication facilities and, as to Subsection M(7)(c)[3][d], [e], [f] and [g] hereof, by an expert on calculation of radio-frequency emissions, containing the following:
[a] 
The number, type and design of the proposed antenna array;
[b] 
The make, model and manufacturer of the proposed antenna array;
[c] 
A description of the proposed antenna array and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials and lighting;
[d] 
The frequency, modulation and class of service;
[e] 
Transmission and maximum effective radiated power;
[f] 
Direction of maximum lobes and associated radiation; and
[g] 
A certification that the facility will comply with all applicable standards for radio-frequency emissions, whether considered individually or in conjunction with other sources of radio-frequency emissions whose effects are to be considered in determining compliance with applicable laws and regulations; and a declaration describing the manner in which the radio-frequency emissions for the facility were calculated and the results of those calculations.
[4] 
A report signed by a New-York-State-licensed professional engineer specializing in structural engineering, containing the following:
[a] 
In the case of an attached wireless telecommunications facility, documentation of the ability of the building or structure to accept the antenna array, the proposed method of affixing the antenna array to the attachment structure, and the precise point at which the antenna array shall be mounted; and
[b] 
In the case of a wireless telecommunications facility with support structure, documentation that the structure is capable of sustaining a wind pressure and overturning moment in accordance with the New York State Uniform Fire Prevention and Building Code and is provided with lightning protection in accordance with the New York State Uniform Fire Prevention and Building Code and the National Electrical Code, and a description of the support structure's capacity, including the number of antenna arrays it can accommodate and the precise point at which the antenna array shall be mounted. This subsection does not apply to facilities located in the rights-of-way of streets.
[5] 
Certification that the applicant will allow co-location as provided for in § 230-26M(5)(e).
[6] 
If co-location is not proposed, certification and supporting evidence that co-location is not feasible.
[7] 
Certification and supporting evidence that the proposed antenna array will not cause interference with existing communication devices.
[8] 
Supporting documentation that the wireless telecommunications facility and related equipment facility will not create any excessive noise.
[9] 
A statement of anticipated on-site service needs, including frequency of service visits and types of vehicles used for service.
[10] 
A landscape plan delineating the existing trees to be preserved; the location and dimensions of proposed planting areas; the size, type and number of trees and shrubs to be planted; buffers; screening; and elevations of fences and materials used.
[11] 
A map depicting and listing all existing sites containing wireless telecommunications facilities in the Village and bordering municipalities used by the operator, owner or applicant.
[12] 
The proposed design, height, location, bulk and size of the wireless telecommunications facilities, and a declaration as to whether the facilities satisfy each of the requirements of this article applicable to the facility.
(d) 
Where a wireless telecommunications facility is part of a network of wireless telecommunications facilities that will be installed contemporaneously, a single application shall be submitted for all facilities that would individually qualify for a special permit. The denial of a special permit for one or more of the facilities for which the application is submitted does not require denial of all facilities for which the application is submitted. Special permits may be conditioned so that the wireless telecommunications facilities within the Village that are part of the network, considered together, are the least intrusive necessary to fill a significant gap in service.
(e) 
In the case of an application for approval of a wireless telecommunications facility to be located on lands owned by a party other than the applicant or the Village, the applicant shall provide to the Planning Board evidence satisfactory to the Planning Board of a valid lease agreement with the property owner, and a copy shall be filed with the Village Clerk.
(8) 
Application procedure for renewals.
(a) 
An application for renewal of a special permit for a wireless telecommunications facility shall include the following information and such other information as the Planning Board may require in order to discharge its responsibilities under this subsection:
[1] 
The name and address of the holder of the special permit.
[2] 
The date of the original granting of the special permit.
[3] 
Whether the wireless telecommunications facility has been moved, relocated, rebuilt, or otherwise modified since the issuance of the special permit and, if so, in what manner.
[4] 
If applicable, proof that the Planning Board approved such move, relocation, rebuild, or otherwise modified wireless telecommunications facility, and the terms and conditions of that approval.
[5] 
Certification from the applicant that the wireless telecommunications facility is in compliance with all conditions of the special permit and in compliance with all applicable statutes, laws, rules and regulations.
[6] 
Recertification that the support structure and/or attachments were designed and constructed and continues to meet all local, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be made by a New-York-State-licensed professional engineer.
(9) 
An applicant who wishes to modify a wireless telecommunications facility must comply with all requirements for applications for new installations, except as provided herein.
(10) 
Prior to the issuance of a certificate of occupancy, the Planning Board may require an applicant to submit reports certified by independent, qualified experts confirming that the wireless telecommunications facility as constructed complies with the terms and conditions of the special permit.
(11) 
A wireless telecommunications facility shall be deemed to be abandoned when it has not been operated for the provision of personal wireless services for a continuous period of one year from the date on which it ceased operation. A wireless telecommunications facility shall be dismantled and removed from the property on which it is located within 90 days of its deemed abandonment or within 90 days of the termination of the special permit for such facility pursuant to § 230-26M(3) or § 230-26M(4)(b) or § 230-26M(13). In the event that such facility is not completely removed from such property within such time, the Village shall be authorized to effect such removal in accordance with the following procedure:
(a) 
The Building Inspector or Code Inspector shall give written notice that such wireless telecommunications facility must be completely removed from such property within a time to be specified in such notice, which time shall be not less than 10 nor more than 30 days after service of such notice. Such notice shall contain a statement that in the event that such facility is not completely removed within the time specified therein, the Village will cause such removal to occur, and thereupon the property upon which the facility is situated will be assessed for all costs and expenses incurred by the Village for the purpose of effecting such removal, said costs and expenses to be collected in the same manner and time as Village special assessments and taxes. Such notice shall be served by the Building Inspector or Code Inspector either personally or by certified mail upon the following persons: (1) the owner of the property on which such facility is located, as such owner is shown on the last completed tax assessment roll of the Village; (2) the owner of such facility, as disclosed to the Village pursuant to § 230-26M(7)(c)[1] or § 230-26M(8)(a) [1] as the case may be; and (3) the individual agent for such owner, as provided to the Village pursuant to § 230-26M(c)[1]. If such notice is served by certified mail, it shall be mailed to the owner of the property at the address shown on the last completed tax assessment roll of the Village and to the owner of such facility and the individual agent for such owner at the respective addresses provided to the Village pursuant to § 230-26M(7)(c)[1] and/or § 230-26M(8)(a)[1] as the case may be.
(b) 
In the event that such wireless telecommunications facility is not completely removed as directed in the notice of the Building Inspector or Code Inspector within the time specified therein, the Village may at any time thereafter enter upon the property and cause such facility to be removed; provided, however, that no demolition shall take place without the express approval of the Board of Trustees. All costs and expenses incurred by the Village in connection with such removal, including all administrative expenses and financing expenses, if any, shall be assessed against such property by the Board of Trustees in the manner provided in § 230-26M(11)(c).
(c) 
The Board of Trustees shall serve personally or by certified mail upon the owner of record of such property at the address shown on the last completed tax assessment roll of the Village a written notice, stating that at a time and place specified therein, it will assess the expense of such removal against such property. Such notice shall be served at least eight days previous to the time specified therein. If directed against a corporation, it may be served upon the corporation at its principal place of business, upon an agent of the corporation within the Village, or upon the Secretary of State. Notice served upon the Secretary of State shall be served at least 12 days previous to the time specified therein. At the time and place so specified, the Board of Trustees shall hear the parties interested and shall thereupon finally determine the assessment, stating therein the name of each owner and the amount so assessed. The amount so assessed shall constitute a lien on the real property on which it is levied until paid or otherwise canceled pursuant to the provisions of § 5-516 of the Village Law and shall be collected in the same manner as other Village special assessments pursuant to the provisions of § 5-518 of the Village Law.
(12) 
As a condition of special permit approval, the applicant shall be required to provide a written agreement by the owner of the property on which the wireless telecommunications facility is to be located, in recordable form suitable for filing and prepared to the satisfaction of the Village Attorney, authorizing the Village and any contractors selected by it to enter upon such property pursuant to § 230-26M(11)(b) without liability for trespass or other damages.
(13) 
A special permit may be revoked or suspended for violation of this § 230-26M or a breach of any special permit condition if a permittee fails to abate any violation within 10 days after written notice has been sent to the business address for service shown on the application for the special permit or to the person identified in § 230-26M(14), if applicable.
(14) 
Each permittee is responsible for notifying the Village of any change in the name, address, or telephone number of the owner of the wireless telecommunications facility or of the person designated as the agent to whom notice may be sent pursuant to § 230-26M(7)(c)[1].
N. 
Arborist services, landscape services, and/or wholesale nurseries.
[Added 6-13-2006 by L.L. No. 3-2006]
(1) 
Arborist services, landscape services, and/or wholesale nurseries are permitted on lots in the R-35 district with a minimum area of two acres.
(2) 
Such use shall have frontage on and practical access to two major roads as defined in this chapter. Such use shall be designed so that all vehicular ingress and egress shall be from a major road. If either major road shall be a county road, designed access shall be subject to the approval of the Rockland County Superintendent of Highways or his representative pursuant to Highway Law § 136.
(3) 
All buildings, equipment, and activities of such use shall be set back from adjacent residential lot lines at least twice the minimum yard requirement and shall be set back from all other lot lines at least the minimum yard requirement. Such setback area may be reduced by the Planning Board when, in the judgment of the Planning Board, the same purpose can be satisfied and any potential adverse external effect of such use will be minimized because of the existing or proposed topographic features, the installation of additional buffer landscaping or fencing, or the particular nature of the use.
(4) 
Such use shall comply with the buffer requirements of § 230-53C(1) of this chapter. In addition:
(a) 
The required buffer shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity of the lot from neighboring residential areas. Nonevergreen planting may be included to supplement evergreen planting, but not to take its place.
(b) 
A wall or fence of location, height, design and material approved by the Planning Board may be substituted for part or all of the required planting and buffer area.
(c) 
All plantings shown on an approved site plan shall be maintained in a vigorous growing condition throughout the duration of the special permit use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
(5) 
In granting any such special permit, the Planning Board may impose reasonable conditions consistent with preserving the character of the neighborhood and the public health, safety, and general welfare of the community, including, without limitation, the number, type, size, and location of vehicles on said premises.
(6) 
The amount of materials stored at the premises shall not exceed 200 cubic yards per net acre (herein defined as the gross lot area less areas of slopes in excess of 25% and all areas of wetlands and water bodies and floodplains). Not more than 25 cubic yards of stone or gravel per net acre shall be permitted on the premises. All structures for the storage of materials shall have at least three sides and a cover. Such storage structures shall not exceed 25 cubic yards' capacity, each, for stone and/or gravel. Such storage structures shall not exceed 50 cubic yards per net acre capacity, each, for other materials. The Planning Board shall determine the locations of all such storage structures, which locations shall comply with the requirements of Subsection N(3) of this section. Such storage structures shall be located outside of floodplains, wetlands, and areas with unexcavated slopes over 25%.
(7) 
The preparation of all plant health materials shall be conducted in an environmentally safe manner on the premises in accordance with all other relevant laws and regulations. All proposed uses shall be required to prepare a best management plan to ensure the safe handling and storage of plant health materials on the premises. Notification to emergency services of all plant health materials shall be required to ensure proper action in the event of an emergency.
(8) 
The Planning Board shall determine the hours of operation of such use. Exceptions shall be permitted to the hours of operation for emergency services and for major weather or other natural events, or as otherwise permitted by the Board of Trustees on a case-by-case basis.
(9) 
The use shall comply with the performance standards required by § 230-15 and by Article XII of the Rockland County Sanitary Code. In addition, the Planning Board may require reasonable modifications to the site plan or operation of the proposed use to protect adjoining and nearby residential properties from potentially noxious uses or activities specific to the particular arborist service, landscape service, and/or wholesale nursery use that may create a nuisance for or otherwise adversely affect the proper use and enjoyment of such residential properties.
(10) 
Noise levels from such use shall comply to those set forth from time to time by the Rockland County Health Department for commercial, business and industrial operations.
(11) 
One nonilluminated sign shall be permitted on the lot. If such sign is mounted on a building, it shall not exceed 16 square feet in area. If such sign is freestanding, it shall not exceed eight square feet in area and shall not be higher than six feet from the finished grade.
(12) 
Notwithstanding any other provisions of this chapter to the contrary, the following activities are expressly prohibited as part of any such use:
(a) 
Grinding or chipping of trees, branches, and stumps (except that occasional trimming of individual branches or logs for purposes of transport or storage is permitted).
(b) 
Preparation of mulch or other material resulting from the decomposition of organic material.
(c) 
Storage of mulch produced elsewhere except in compartments and areas expressly designated for such storage and in amounts in compliance with Subsection N(6).
(d) 
Retail sales of plants or other materials on site. This prohibition shall not extend to the sale of services or materials to be performed or delivered off site.
(13) 
As a part of any approval under this section, the Planning Board shall require the applicant to demonstrate that the proposed activities will not result in a degradation of surface water or groundwater quality by the submission of a water quality assessment prepared by a qualified hydrogeologist. Such assessment shall include a list of any pesticides, herbicides, and/or fertilizers that have been or are proposed to be used on the site, reports of the existing quality of surface water or groundwater, and the potential impacts of the proposed activities. Proposed measures to monitor water quality, including a reporting schedule, shall be specified. The cost to the Village of hydrogeologic review of this assessment shall be paid by the applicant.