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.
(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.
(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]
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]]
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.
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]
(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]
(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)
(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]
(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.
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:
(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.
(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.
