[Amended 12-11-1996 by L.L. No. 5-1996]
As used in this article, the term "special use
permit" shall mean an authorization of a particular land use which
is permitted by this chapter, subject to the requirements of this
chapter to assure that the proposed use is in harmony with the chapter
and will not adversely affect the neighborhood if such requirements
are met.
On application and after public notice and hearing,
the Planning Board may authorize the issuance of special use permits
for any of the uses subject to authorization and approval of the Planning
Board, for which this chapter requires, in the district in which such
use is proposed to be located. In approving any such use, the Planning
Board shall take into consideration the public health, safety and
welfare, the comfort and convenience of the public in general and
of the residents of the immediate neighborhood in particular and may
prescribe appropriate conditions and safeguards as may be required
in order that the result of its action may, to the maximum extent
possible, further the expressed intent of this chapter and the accomplishment
of the following objectives in particular:
A.
That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
B.
That the proposed use shall be of such location, size
and character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
C.
That, in addition to the above, in the case of any
use located in or directly adjacent to a residential district:
(1)
The location, size and character of such use, the
nature and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to or incongruous with said residential
district or conflict with the normal traffic of the neighborhood.
(2)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
(3)
The location, size and character of the proposed use
will not unreasonably and adversely affect the enjoyment or value
of the adjacent residential properties.
Upon the granting of any special use permit
with conditions or restrictions, the Building Inspector shall ensure
that no permit be issued without assurance that such conditions and/or
restrictions have been met or implemented.
Notwithstanding any provision of law to the
contrary, where a proposed special use permit contains one or more
features which do not comply with the zoning regulations, application
may be made to the Zoning Board of Appeals for an area variance pursuant
to § 267-b of the Town Law, without the necessity of a decision
or determination of an administrative official charged with the enforcement
of this chapter.
The Planning Board shall conduct a public hearing
within 62 days from the day an application is received on any matter
referred to it under this section.
A.
Each application for a special use permit shall be
accompanied by a proposed site plan showing the size and location
of the lot, the location of all buildings and proposed facilities,
including access drives and parking areas, and all streets within
200 feet of the lot.
B.
Notice of the public hearing shall be printed in the
official newspaper of the Town at least five days prior to the date
thereof. In addition to such published notice, the Planning Board
shall cause notice to be given of the substance of every application
for a special use permit, together with notice of the hearing thereon,
by causing notice thereof to be mailed by certified mail, return receipt
requested, or other means at least 10 days before the date of said
hearing, to the owners of all property abutting that held by the applicant
in the immediate area (whether or not involved in such application)
and all other owners within 300 feet, or such additional distance
as the Planning Board may deem advisable, from the exterior boundaries
of the land involved in such application, as the names of said owners
appear on the last completed assessment roll of the Town. It shall
be the applicant's responsibility to issue any or all of the notices
required, and proof of the mailing of such notice, in accordance with
this section, must be filed by the applicant with the Planning Board.
Provided that due notice has been published as above-provided and
that there shall have been substantial compliance with the remaining
provisions of this subsection, the failure to give notice in exact
conformance herewith shall not be deemed to invalidate action taken
by the Planning Board in connection with the application for a special
use permit.
C.
If the proposed special use permit involves any of
the areas specified in § 239-m of the General Municipal
Law, then the Planning Board, at least 10 days before the public hearing,
shall mail notices thereof to the applicant and to the Orange County
Planning Department as required by §§ 239-l and 239-m
of the General Municipal Law.
D.
In considering any application for a special use permit,
the Planning Board shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations.
E.
The Planning Board shall decide the special use permit
application within 62 days after the public hearing. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Board. The decision of
the Planning Board must be filed in the office of the Town Clerk within
five business days after the decision is rendered, and a copy thereof
must be mailed to the applicant.
The granting of any special use permit application
shall be deemed to be a conforming use in the district in which such
use is located, provided that such permit shall be deemed to affect
only the lot or portion thereof for which such permit shall have been
granted.
The Planning Board may require that special
use permits be periodically renewed. Such renewal shall be granted
following public notice and a hearing and may be withheld only upon
a determination by the Planning Board to the effect that such conditions
as may have been prescribed by the Planning Board in conjunction with
the issuance of the original permit have not been or are being no
longer complied with. In such cases, a period of 62 days shall be
granted the applicant for full compliance prior to the revocation
of the said permit.
Special use permit approval shall be void after
a one-year period from date of approval unless a building permit has
been issued.
[Added 12-16-1998 by L.L. No. 5-1998]
A.
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICES
TELECOMMUNICATIONS ACCESSORY STRUCTURE
TELECOMMUNICATIONS ANTENNA
TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
All equipment, apparatus and devices used in the supplying
of personal wireless telecommunications services.
Commercial mobile services, unlicensed wireless services,
cellular or digital telephone services and other common carrier wireless
exchange access services as defined by the Federal Telecommunications
Act.
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications services. This term does
not include offices, long-term storage of vehicles or other equipment
storage or broadcast studios.
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission, including
but not limited to whip, panel and dish telecommunications antennas.
Any ground- or roof-mounted pole, spire, structure or combination
thereof taller than 15 feet in height, including supporting lines,
cables, wires, braces and masts, built for the purpose of mounting
an antenna or similar telecommunications apparatus above grade.
B.
Special permit requirement. No personal wireless telecommunications service facility, including but not limited to telecommunications antennas and towers, shall hereafter be erected, altered or modified except after obtaining a special use permit from the Planning Board in conformity with this section and with Article XI of this zoning law. All telecommunications antennas and towers existing on the effective date of this section shall be allowed to continue their usage as they presently exist. New construction on or modification of an existing telecommunications antenna or tower, other than routine maintenance, shall comply with the requirements of this section. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to the proposed telecommunications antenna, tower or facility.
C.
Permitted siting.
(1)
Personal wireless telecommunications service
facilities, including but not limited to telecommunications antennas
and towers, are prohibited in the Town of Greenville except at the
following locations:
(a)
The existing communications tower located in
the median of United States Interstate Route 84 approximately 2,500
feet west of the intersection of Route 84 and Mountain Road.
(b)
The existing tower owned and operated by Orange
and Rockland Utilities located off Greenville Turnpike near Mud Pond.
(c)
Property owned by the Town of Greenville located
off Route 6 with Tax Map designation Section 7, Block 1, Lot 27.1;
provided, however, that no facilities, antennas or towers shall be
located in this parcel on the southeast side of Route 6 nor within
1,500 feet from Route 6 on the northwest side of Route 6.
(d)
A corridor extending along United States Interstate
Route 84 1,000 feet west of the Town of Wawayanda boundary line to
one mile east of the intersection of Route 84 and Mountain Road, said
corridor not to exceed a distance of 250 feet from each side of the
Interstate Route 84 right-of-way.
(2)
No personal wireless telecommunications service
facilities, including but not limited to telecommunications antennas
and towers, shall be erected within a distance of 1,000 feet from
any residential dwelling in the Town of Greenville.
(3)
All personal wireless telecommunications service
facilities, including but not limited to telecommunications antennas
and towers, shall comply with zoning setback regulations in the affected
zoning district. Notwithstanding such setback regulations, all telecommunications
antennas and towers shall be set back a distance at least equal to
the height of such antenna or tower. Additional setbacks may be required
by the Planning Board in order to provide for the public safety. A
tower or antennas setback may be reduced in the discretion of the
Planning Board to allow collocation upon an existing tower or other
structure.
D.
Collocation requirements.
(1)
A proposal for a telecommunications tower shall
not be approved unless the Planning Board finds that the antenna planned
for the proposed tower cannot be accommodated on the presently existing
tower located in the median of United States Interstate Route 84 approximately
2,500 feet west of the intersection of Route 84 and Mountain Road
or at the presently existing tower owned and operated by Orange and
Rockland Utilities located off Greenville Turnpike near Mud Pond or
at an existing or approved telecommunications tower or structure due
to one or more of the following reasons:
(a)
The antenna would exceed the structural capacity
of the existing or approved tower or structure, as documented by a
qualified professional engineer, and the existing or approved tower
or structure cannot be reinforced, modified or replaced to accommodate
the planned or equivalent antenna at a reasonable cost.
(b)
The antenna would cause interference materially
impacting the usability of other existing or planned antennas at the
tower or structure, as documented by a qualified professional engineer,
and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved towers or structures within
or outside the Town of Greenville cannot accommodate the antenna at
a height necessary to function reasonably, as documented by a qualified
professional engineer.
(d)
Other foreseen reasons that make it infeasible
to locate the antenna upon an existing or approved tower or structure.
(2)
Any proposed telecommunications tower shall
be designed, structurally, electrically and in all respects, to accommodate
both the applicant's antennas and comparable antennas for at least
two additional users if the tower is over 100 feet in height or for
at least one additional user if the tower is over 60 feet in height.
Towers must be designed to allow for future rearrangement of antennas
upon the tower and to accept antennas mounted at varying height.
(3)
The tower applicant shall submit to the Planning
Board a letter of intent committing the applicant, and his/her/its
successors in interest, to negotiate in good faith for shared use
of the proposed tower by other providers of personal wireless telecommunications
services in the future. Any special use permits issued under this
section shall commit the new tower owner and his/her/its successors
in interest to:
(a)
Respond in a timely comprehensive manner to
a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests
for shared use of the new tower by other providers of personal wireless
telecommunications services.
(c)
Allow shared use of the new tower if another
provider of personal wireless telecommunications services agrees in
writing to pay reasonable charges.
(d)
Make no more than a reasonable charge for shared
use based on generally accepted accounting principles. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance, financing, return on equity,
and depreciation and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
(4)
In order to keep neighboring municipalities
informed and to facilitate the possibility of directing that an existing
tall structure or existing tower in a neighboring municipality be
considered for shared use, the Planning Board shall require that:
(a)
An applicant who proposes a new tower shall
notify, in writing, the legislative body of each municipality (within
and without New York State) that borders the Town of Greenville. Such
notification shall include the exact location of the proposed tower
and a general description of the project, including but not limited
to the height of the tower and its capacity for future shared use.
(b)
Documentation of this notification shall be
submitted to the Planning Board at the time of application.
E.
Content of applications. All applicants for a special
use permit for the placement, construction or modification of a personal
wireless telecommunications service facility, telecommunications antenna
or telecommunications tower shall submit the following additional
information to the Planning Board:
(1)
A visual environmental assessment form, landscaping
plan and visual assessment report, including appropriate modelling
and photography assessing the visibility from key viewpoints identified
in the visual environmental assessment form, existing treelines and
proposed elevations.
(2)
A preliminary report prepared by a licensed
professional engineer describing:
(a)
Feasibility of collocation on existing structures
and telecommunications facilities and towers within and without the
Town of Greenville.
(b)
Applicant's full map and grid coverage in the
Town of Greenville.
(c)
Surrounding topography and relation to line
of sight transmission.
(d)
Available road access, electric power and land-based
telephone lines and/or microwave link capability.
(e)
Required improvements for construction activities,
including those within the public right-of-way or lands owned or controlled
by the Town of Greenville.
(f)
Identity of location, ownership and usage of
currently existing telecommunications facilities within the Town of
Greenville and all municipalities bordering the Town of Greenville
(inside and outside New York State).
(g)
Plans for construction of telecommunications
accessory equipment, buildings or structures.
(h)
Proposed mitigation measures for any identified
visual impacts.
(i)
Proposed safety measures.
(j)
Compatibility with existing telecommunications
networks, New York State Thruway Authority telecommunications network
and public safety and emergency networks, such as fire, ambulance,
police and 911.
(3)
Applicants for telecommunications towers shall
provide the following additional information:
(4)
Applicants who wish to mount a telecommunications
antenna on an existing structure shall provide the following additional
information:
(5)
Demonstration of need for the proposed personal
wireless telecommunications service facility, telecommunications antenna
or telecommunications tower showing the impracticality of upgrading
or expanding an existing site.
(6)
Demonstration that the proposed site is the
most appropriate site within the immediate area for the location of
the proposed personal wireless telecommunications service facility,
telecommunications antenna or telecommunications tower.
(7)
An inventory of existing telecommunications
facilities within the Town of Greenville and all bordering municipalities
(inside and outside New York State) outlining opportunities for shared
use as an alternative to the proposed use. The applicant must demonstrate
that the proposed telecommunications tower or telecommunications antenna
cannot be accommodated on an existing approved telecommunications
tower, structure or facility.
(8)
A description of the applicant's long-range
plans which project market demand and long-range facility expansion
needs within the Town of Greenville.
(9)
Proof of certified mail announcements to all
other telecommunications providers in the Town of Greenville and all
bordering municipalities (inside and outside New York State) declaring
the applicant's sharing capabilities and/or siting needs.
(10)
A map showing the location of the premises for
which the special use permit is sought and site plan showing all features
of the proposed facility necessary for providing road access, electrical
service, land-based telephone line connection and/or microwave link
capability within the property boundaries of the proposed location.
(11)
Such other information as may be required by
the Planning Board or Town Engineer.
F.
Performance standards governing issuance of special
use permits.
(1)
Minimal visual impact. All telecommunications
towers and telecommunications antennas shall be sited to have the
least possible practical visual effect on the environment.
(2)
Proof of noninterference from antenna. No application
for a telecommunications antenna shall be approved by the Planning
Board unless the applicant provides a statement, certified by a qualified
licensed engineer and approved by the Town Engineer, that the installation
of the proposed antenna, including reception and transmission functions,
will not interfere with the radio or television service enjoyed by
adjacent residential and nonresidential properties or with public
safety telecommunications.
(3)
Antenna safety. Antennas shall be subject to
state and federal regulations pertaining to nonionizing radiation
and other health hazards related to such facilities. The owner shall
submit evidence of compliance with the Federal Communications Commission's
and Federal Aviation Administration's standards on a yearly basis
to the Planning Board. If new, more restrictive standards are adopted
by any appropriate federal or state agency, the antennas shall be
made to comply with such standards or continued operations may be
restricted by the Planning Board which shall retain continuing jurisdiction
to oversee such compliance. The cost of verification of compliance
shall be borne by the owner and operator of the antenna or tower.
(4)
Tower lighting. Towers shall not be illuminated
by artificial means and shall not display strobe lights unless such
lighting is specifically required by the Federal Aviation Administration
or other federal or state authority for a particular tower. When incorporated
into the approved design of the tower, light fixtures used to illuminate
ball fields, parking lots or similar areas may be attached to the
tower in the discretion of the Planning Board.
(5)
Signs and advertisements on towers. The use
of any portion of a telecommunications tower for signs or advertisements
other than warning or equipment information signs is prohibited.
(6)
Tower height limitations. The height of telecommunications
towers should be limited to the minimum required to provide the proposed
telecommunications services. The maximum allowable height of a tower
is limited to 150 feet above the ground upon which the antenna is
placed. The Planning Board, in its discretion, may allow towers up
to 200 feet high if the applicant can demonstrate, based upon the
topography of the site and surrounding area, siting of the antenna,
antenna design, surrounding tree cover and structures and/or through
the use of screening, that off-site views of the tower will be minimized.
The height limitation may also be waived by the Planning Board when
the antenna is mounted on an existing structure or to accommodate
collocation.
(7)
Tower building requirements.
(a)
The use of guyed towers is prohibited.
(b)
Towers must be self-supporting without the use
of wires, cables, beams or other means. The design should utilize
a monopole configuration. Permanent platforms or structures exclusive
of antennas that serve to increase off-site visibility are prohibited.
The requirements of this subsection may be waived by the Planning
Board, but only for good cause shown.
(c)
The base of the tower shall occupy no more than
500 square feet and the top of the tower shall be no longer than the
base. The requirement of this subsection may be waived by the Planning
Board, but only for good cause shown.
(8)
Access to towers. A road and parking shall be
provided to assure adequate emergency and service access. Maximum
use of existing roads, public and private, shall be made.
(9)
Design of antennas, towers and accessory structures.
(a)
Towers and antennas shall be designed to blend
into the surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated
by federal or state authorities such as the Federal Aviation Administration.
Every antenna and tower shall be of neutral colors that are harmonious
with and that blend with the natural features, buildings and structures
surrounding such antenna and structure. Accessory structures shall
be designed to be architecturally compatible with principal structures
on the site.
(b)
The Planning Board may require that telecommunications
towers and antennas be of a galvanizing finish, or painted gray above
the surrounding treeline and gray or green below the treeline. The
Planning Board may require the mountings of antennas to be nonreflective
and of the appropriate color to blend with their background.
(10)
Screening. The Planning Board may require vegetative
and architectural screening of all personal wireless telecommunications
service facilities, telecommunications antennas and telecommunications
towers. Existing on-site vegetation should be preserved to the maximum
extent possible. The Planning Board may require the planting of rows
of evergreen or other trees to screen towers and antennas. The Planning
Board may also require the use of creative design methods involving
the use of walls, fences, earth berms, underground construction and
other barriers for screening purposes.
(11)
Security provisions. All personal wireless telecommunications
service facilities shall be provided with security measures, such
as fencing, anticlimbing devices, electronic monitoring and other
methods sufficient to prevent unauthorized entry and vandalism.
(12)
Safe zone. Telecommunications towers shall be
designed so that, in the event of failure, they will fall within the
setback area of the site and/or away from adjacent residential properties.
(13)
Annual inspection and report. Telecommunications
towers over 100 feet in height shall be inspected annually by a licensed
professional engineer, and a copy of the inspection report submitted
to the Town of Greenville Building Inspector.
(14)
Postinstallation field report. A postinstallation
field report identifying the personal wireless telecommunications
service facility's coverage area, the telecommunications tower's maximum
capacity, committed capacity and unused capacity, if any, and collocated
users of the telecommunications tower shall be submitted within 60
days of installation to the Town of Greenville Building Inspector.
(15)
Compliance with other laws. The operator of
every telecommunications antenna shall submit to the Town Building
Inspector copies of all licenses and permits required by other agencies
and governments with jurisdiction over the design, construction, location
and operation of such antenna and shall maintain such licenses and
permits and provide evidence of renewal or extension thereof when
granted.
(16)
Assignment of special use permit. No special
use permit issued under this section shall be assigned or transferred
without the approval of the Planning Board upon application thereto.
(17)
Review.
(a)
Each special use permit issued under this section
shall be subject to review by the Planning Board at five-year intervals
to determine whether the technology in the provision of personal wireless
telecommunications service facilities has changed such that the permit
should be modified to require the permit holder to use the best available
means or technology to mitigate visual and aesthetic impacts within
the Town of Greenville. The Planning Board shall have the authority
to so modify or terminate any special use permit issued under this
section if advanced technology warrants such action.
(b)
It shall be the duty of the Town Building Inspector
to enforce the requirements of this section. In the event that the
Building Inspector determines that a violation has occurred or is
occurring, the Inspector must report same to the Chairperson of the
Planning Board. Upon notice to the permit bolder with the opportunity
for a hearing, the Planning Board may, for good cause shown, modify
or revoke the permit.
(18)
Abandoned or unused facilities. All personal
wireless telecommunications service facilities, including but not
limited to towers, antennas and accessory structures, shall be dismantled
and removed from the site within one year of the cessation of their
operation, unless an extension is approved by the Planning Board.
In the event that any such facility, tower or antenna is not so removed,
the Town of Greenville may remove same with the cost assessed against
the owner. All special use permits issued under this section shall
require the applicant to post a bond or other suitable undertaking
to guarantee payment for removal of abandoned or unused facilities.
(19)
Nonconforming uses. All telecommunications antennas
and towers in existence which do not conform to or comply with this
section are subject to the following provisions:
(a)
Antennas and towers may continue in use for
the purpose now used and as now existing, but may not be replaced
or structurally altered without complying in all respects with this
section.
(b)
If such antennas or towers are hereafter damaged
or destroyed due to any reason or cause whatsoever, the antenna or
tower may be repaired and restored to its former use, location and
physical dimensions without complying with this section; provided
however, that if the cost of repairing the tower to the former, use,
physical dimensions and location would be 10% or more of the cost
of a new tower of like kind and quality, then the tower may not be
repaired or restored except in full compliance with this section.
