General regulations. A special permit shall be required for any landfilling, excavation, regrading, removal, stripping or disturbance of topsoil, earth, sand, gravel, rock or other substance from the ground or for the establishment of a lake or pond, subsequently herein referred to as an "operation" or "operations," except as provided in Subsections C and D hereof. The provisions of this section as well as Article VII, Special Permit Uses, shall be applicable to all areas, except as provided in Subsection D hereof, in which an operation or operations are underway. No operation shall be extended in area nor a landfill operation be continued, except as provided in Subsection D hereof, without first securing a permit therefor.

Prohibited operations.

When other permit or approval deemed a special permit.

Exceptions.

Application procedure.

Town Engineer review and report.

Required performance bond and fees.

Conduct of work. The work shall be performed in accordance with the following conditions and requirements:

Rehabilitation of site.

Enforcement and penalties.

Distance from public and semipublic uses. No special permit shall be issued for the establishment or enlargement of an automotive service station if any part of the lot in question is situated within a radius of 200 feet of any property in use for a place of worship, hospital, public library, school, playground, community house or theater.

Minimum size of lot. The site shall have frontage of at least 100 feet on a public road and shall have a depth of at least 100 feet. Automotive service stations designed to serve trucks larger than five tons in capacity shall have sufficient additional frontage so that any vehicle leaving the service station property may turn into the nearest lane of traffic moving in the desired direction and be channeled within such lane before crossing the nearest intersection or proceeding along the road and any vehicle entering the service station property may turn out of the nearest lane of traffic without interfering with other traffic.

The following setbacks or yards shall be required, but in no case shall any yard be less than required on the Table of Dimensional Requirements[1] for the district in which the automotive service station is located:

Storage of fuels.

Driveways and service apron.

Use of service apron. All repair and service work, including car washing, but excluding emergency service and the sale of fuels and lubricants, shall be conducted entirely within a building and shall be performed only between the hours of 7:00 a.m. and 10:00 p.m. The number of vehicles outside at any one time shall not exceed the number of parking spaces designated on the site plan. The Board of Appeals may also limit the amount of overnight parking and require suitable fencing to protect surrounding properties. Where wrecked vehicles are impounded on the automotive service station property at the direction of a duly authorized law enforcement agency, such wrecked vehicles shall be removed from the property as soon as possible. Such wrecked vehicles may be stored in an outside area, provided that such area is fenced with an opaque fence of sufficient height so as to conceal the vehicles from ground-level view from the public road or from any adjacent properties in a residential district, but not higher than 10 feet.

Display space. Lubricants for sale may be displayed on the pump islands, in racks specifically designed therefor. Other automotive merchandise may be displayed within three feet of the front wall of the service station structure, but the total lot area (in square feet) devoted to such exterior display shall not exceed the linear footage of the front wall of such structure, less the distance used for doorways, times a factor of two feet.

There shall be no dumping of waste materials, such as oil or grease, except in a closed, underground, noncorrosive receptacle, at a place and of a design approved by the Board of Appeals. Debris and trash shall be deposited in receptacles maintained therefor.

There shall be no residence or sleeping quarters maintained in any automotive service station.

The shelter shall not have dimensions greater than 20 feet by 10 feet nor a height greater than seven feet at the eaves.

If such shelter is to be erected within the limits of the public road, the consent of the Town Board shall be obtained by the applicant; if such shelter is to be erected upon private property the consent of the owner shall be evidenced by a suitable deed or lease.

Such bus shelter shall be designed and constructed in a manner appropriate for the neighborhood in which it is sought to be placed.

The operating bus company shall furnish a bond to the Town covering removal of such shelter at the company's expense, in the event of the termination of its franchise or a change in route which would bypass such structure.

If determined necessary by the Board of Appeals, a suitable pavement in front of the passenger shelter to allow buses to stop off the traveled way shall be installed.

If determined necessary by the Board of Appeals, suitable landscaping shall be installed.

The privileges of the club shall be limited to bona fide regularly enrolled members and guests accompanying them. The club shall be operated solely for recreational, social, patriotic, political, benevolent or athletic purposes and not for pecuniary gain, but this requirement 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.

The Board of Appeals 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.

A club, organized for purposes which are generally conducted entirely within a building, shall be located on a site at least one acre in area, but not less than the minimum lot size of the district in which it is located. A club organized for purposes one or more of which are usually conducted outdoors shall be located on a site at least two acres in area, but not less than the minimum lot size of the district in which located.

All enclosed buildings shall be set back at least 75 feet from all street lines and at least 50 feet from all other property lines. All other buildings and all outdoor activity areas and facilities, other than golf courses, shall be set back at least 75 feet from all property lines. No setbacks shall be required for golf courses except that the line from any tee to its green shall be at least 100 feet from all property lines. No more than 10% of the site shall be covered by buildings. The Board may permit the use of an existing building not meeting the setback or area requirements of this section for club purposes, provided that the club meets all other standards and conditions of this chapter.

The Board of Appeals may permit the use of outdoor public-address systems, provided that no more sound shall carry beyond the limits of the club site than would be inherent in the ordinary residential use of the property. The permit may be contingent upon a demonstration by the applicant of ability to meet this standard.

No club shall be operated so as to create a nuisance to surrounding properties. The Board of Appeals shall attach such conditions to the permit and may require such fencing 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. Any use of a clubhouse or club site which involves the discharge of firearms, bow and arrow or any other dangerous weapons shall be permitted only upon compliance with all applicable state and local laws. The Board of Appeals shall establish such facilities as are necessary to protect neighboring properties from stray missiles and excessive noise.

One dwelling unit may be located in the clubhouse for use of the club manager or caretaker and his family. Sleeping rooms or suites, without individual kitchen facilities, shall be permitted for the overnight accommodation of club members and their guests, but there shall be no more than one such sleeping room for each two acres of site area.

Except as set forth above, all the requirements of the Schedule of Use Regulations[1] shall apply. A permit shall be issued to a qualified organization for a specific use or purpose and for a maximum number of members or seating capacity, and a new permit shall be required for any change of organization, use or purpose or increase in maximum membership or seating capacity.

Use of a hotel site and any buildings or structures thereon shall be limited to the usual hotel activities and accessory uses incidental to the operation of a hotel and of the same general character, provided that all accessory uses shall be planned as an integral part of the hotel and located on the same site therewith.

The site for each hotel shall be at least seven acres in area and shall have frontage of at least 300 feet on a state or county road.

All yards shall have a minimum width of 100 feet and off-street parking and loading areas shall be at least 25 feet from any property line.

The maximum building coverage shall not exceed 10% and the maximum length of any building shall not exceed 200 feet.

There shall be no more than one hotel sleeping room for each 3,000 square feet of site area or major portion thereof, and no more than 100 sleeping rooms in any one hotel building.

No building shall be more than two stories or 30 feet in height.

Buildings and structures shall be located at least 15 feet from any road or property line, except that where a residential district adjoins a property line, they shall be at least 50 feet from such lines.

The Planning Board shall require fencing or other suitable enclosures for any facilities located outside of a building and, in addition, may require buffer landscaping for screening purposes.

Such use shall comply in all respects with the requirements of the County Department of Health and such further safeguards as the Planning Board may deem appropriate.

The minimum lot area is that required by the zoning district in which it is located or two acres, whichever is larger. If the operation is conducted in conjunction with a residential use, the minimum lot area shall be that required for the residential use, plus two acres.

No structures used for nursery purposes, including greenhouses, shall be less than 75 feet from any property line.

Total floor area of all buildings used for nursery purposes shall not exceed 5% of the lot area. The floor area of all structures used as greenhouses shall not exceed 1,500 square feet. The Board of Appeals shall require such screening around all greenhouses as it deems necessary to prevent the dissemination of excessive light beyond the boundaries of the site.

No unenclosed storage of equipment or of malodorous or dust-producing substances shall be permitted.

No retail sale of goods or products shall be permitted, except those classes authorized by the Board of Appeals at the time of the issuance of the special permit. The Board of Appeals may, however, at the request of the owner and after public hearing as hereinbefore provided, permit the owner of a nursery for which a special permit has been issued to change or expand the classes of goods and products which are sold. In general, such classes shall be limited to trees, shrubs, flowers or other living plant material; plant and grass seeds; the fertilizers, mulches, soil conditioners, weed-control chemicals, etc., necessary for their propagation, nutriment and control; and seasonal decorative plant material, such as Christmas trees, wreaths, etc. It is not the intent of this subsection to permit the establishment in a residence district of a garden furniture or garden hardware center.

Exceptions.

Such school shall comply with all licensing, site area and dimensional requirements established for such schools by the New York State Department of Education or Department of Social Services.

Such school shall have at least 250 feet of frontage on an improved through or collector road as shown on the adopted Town Development Plan.

Maximum building area as a percent of lot area shall not exceed 10%, and the maximum of building area, plus paved area, as a percent of the lot shall not exceed 20%.

All yard setbacks shall be equal to twice those required in the adjoining district, but in no case shall such setbacks be less than 75 feet.

A buffer area of at least 20 feet in width, containing evergreen landscaping or fencing as, in the judgment of the Board of Appeals, will be adequate to screen the use from the neighboring residential area, shall be required along all adjoining residential property boundaries or across the street from residential properties, except where driveway access is required.

Intent.

Permit requirements.

Submission requirements for child care center, school-age child care and nursery schools. The following items shall be submitted with each application:

Dimensional requirements for child day-care centers, school-age child care and nursery schools. The lot shall meet all requirements of § 125-50 herein for the district in which the use is located.

Outdoor play areas for child day-care centers, school-age child care and nursery schools.

Off-street parking and dropoff and pickup areas.

Additional conditions.

The facility shall serve the area of the Town of Bedford and/or immediately adjacent communities.

The minimum lot for a public utility facility shall be that required by the zoning district in which it is located or one acre, whichever is greater. The maximum building area, in percentage of the lot, shall be 25%. There shall be provided suitable fencing to protect the public and evergreen planting of sufficient height and density to screen effectively the substation from surrounding property.

Setbacks.

There shall be adequate off-street parking area for maintenance, service or other vehicles, but in no case less than two parking spaces.

The provisions of this section shall not apply to telephone, electric light and power distribution lines usually located along public highways or to local underground conduits, cables, gas, sewer and water distribution mains or pipes, provided that such lines are installed in accordance with nationally recognized standards in such a manner and location so as not to create an unusual hazard or otherwise jeopardize public safety.

The lines shall serve the area of the Town of Bedford and/or immediately adjacent communities, and it shall be clearly demonstrated that such lines will not endanger the public or the surrounding property.

A right-of-way of sufficient width shall be provided to permit the safe construction and maintenance of the transmission line and to prevent any nuisance or hazard to surrounding property. Transmission towers shall be located along the center line of the right-of-way. The right-of-way shall be of sufficient width so that the horizontal distance between any base of any transmission tower and the boundary of the right-of-way is at least equal to the height of the tower.

In built-up areas, the Planning Board may require that the lines be located underground.

The Planning Board shall require suitable fencing and landscaping of the right-of-way and of the towers or other structures, where such fencing and landscaping is required for the safety of the public or conservation of the values of surrounding property.

Any substations along such transmission lines shall be subject to the provisions of § 125-76 of this Article.

Gas booster stations or storage tanks shall not be permitted.

Barns and manure storage areas shall be located at least 50 feet from any property line and at least 150 feet from any existing residence other than that on the lot. Fences and all exercise yards or pasture lands shall be located at least five feet from each property line. Abutting lots with common beneficial ownership shall be considered a single lot.

All feed shall be housed in rodentproof containers.

Such use shall comply in all respects with the requirements of the Westchester County Department of Health.

Commercial livery stables are not permitted.

The Planning Board may specify other requirements as applicable to the circumstances of a particular case.

It is the intention of this section to permit the creation, subject to the standards listed below, of accessory apartments in the Town for the purposes of maintaining a supply of small rental or owner-occupied housing units designed to meet the needs of persons, both young and old, of moderate income and to permit the efficient use of the Town's housing stock by providing economic support for owners of larger structures and incentives for maintenance of these structures. To achieve these goals and to promote the other objectives of the Zoning Ordinance to serve the health and welfare of the Town's people, the regulations below have been created.

In all residence districts, the Planning Board may grant a special permit to create an accessory apartment in an existing single-family dwelling, but not in an accessory structure, provided that:

In the R-2A and R-4A Districts, the Planning Board may grant a special permit to create a cottage in an existing accessory building, provided that:

The duration of the permit shall be limited to five years and may be renewed by application to the Building Inspector. Prior to the renewal of the permit, the Building Inspector shall inspect the building and determine that all of the criteria above and those imposed upon the original special use permit continue to be met. The property owner shall pay to the Town Clerk a fee, in an amount set forth in the Town fee schedule,[1] for all inspections pursuant to this section.

The minimum lot area required for the establishment of a group-care facility shall be the same as that required for other dwellings in the district in which it is located, except that the minimum lot area requirement shall be increased by 10% for each nonsupervisory resident in excess of six up to the maximum permitted number of 12.

For purposes of furthering the state's dispersal and deinstitutionalization policy, to prevent the undue concentration of group-care facilities in any one area and to preserve the social as well as the physical character of one-family residential neighborhoods, no new group-care facility shall be established within one-half (1/2) mile of any existing such facility.

A minimum of one off-street parking space shall be provided for each vehicle located at the group-care facility or operated on a daily basis in connection therewith, but in no case shall less than two off-street parking spaces be provided.

In addition to all other normally required items of information, the following additional documentation shall also be submitted with the special permit application:

Uses. Sites in the PB-O(K) District may be used for business and professional offices, including executive, medical, administrative, editorial, educational, engineering, financial and statistical purposes, and two-family dwellings in buildings existing prior to September 1, 1985.

Lots less than 20,000 square feet. Residential structures which are existing in the PB-O(K) District and are on lots less than 20,000 square feet in area may be converted to office or two-family use, provided that there is no physical enlargement of the structure and the lot area is not reduced.

Landscaping. In addition to the requirements of §§ 125-24 and 125-108, the following shall apply: Landscaping of those portions of the property not covered by buildings, driveways, walks or parking areas shall be required. Where a side or rear yard abuts a residence district boundary, Sunrise Avenue, Orchard Street or Congdon Lane, evergreen trees or shrubs, of such type and spacing as may be required by the Planning Board, shall be planted. Such plantings shall have an initial height of at least five feet and shall be planted in sufficient density to screen from view from abutting land in the residence district any accessory parking, loading or storage area and any business operations not hidden by buildings or other walls and fences. A fence or wall, suitable in appearance to the surrounding area, may be substituted for or required in addition to the landscaping, upon a finding by the Planning Board that such wall or fence will better achieve the desired screening effect. Proper maintenance of all landscaping shall be a continuing requirement. No driveway, parking, loading, storage or other area with a paved or graveled surface shall be located within 25 feet of a residence district boundary.

Driveway access. All vehicular access to uses in the PB-O(K) District shall be only over Bedford Road (Route No. 117). No driveway shall be located within 25 feet of a residence district boundary.

Working hours. The normal hours of operation of office uses in the PB-O(K) District shall be limited to between 7:00 a.m. and 8:00 p.m.

Refuse disposal. Storage of refuse shall be within the principal building or within a locked, roofed accessory building.

Purpose and legislative intent.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Permits for wireless telecommunications facilities.

Small wireless facility permit required.

Applications for small wireless facilities.

General and specific requirements for small wireless facilities.

Approval procedures.

Location.

Height.

Setback. All wireless telecommunications that support structures for small wireless facilities located outside the public right-of-way shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including the support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure.

Visibility.

Security.

Recertification of small wireless facilities permit.

Application fees. At the time that a person submits an application for a small wireless facility, such person shall pay a nonrefundable application fee in an amount as determined by the Town Board and as set forth in the Town Fee Schedule, in addition to any other fee required by law.

Performance security for small wireless facilities. The applicant and the owner of record of any proposed small wireless facilities property site shall comply with any requirements set forth in Chapter 104 of the Town Code regarding the posting of security to place a small wireless facility in the public right-of-way.

Authority to inspect. In order to verify that the holder of a small wireless facilities permit and any and all lessees, renters, and/or licensees of small wireless facilities place and construct such facilities, including supporting structures, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Town may inspect at any time, upon providing reasonable notice, all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, structures, antennas, accessory equipment and electromagnetic output, radio frequency emissions, etc.

Liability insurance.

Indemnification. Any approval for small wireless facilities that is proposed for Town property or in a public right-of-way pursuant to this section shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town and its elected officials, officers, board members, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town.

Annual NIER certification. The holder of any small wireless facilities permit shall, annually, certify to the Planning Board, or its authorized designee, that NIER levels at the site where a small wireless facility is located are within the threshold levels adopted by the FCC. In addition, the Town, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any small wireless facility is located, with or without notice to the wireless telecommunications provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Town.

Default and/or revocation of small wireless facilities permit.

Removal.

Additional requirements relating to small facility permits.

Regulations applicable to small facility permits in the public right-of-way.

Reimbursement for the use of the public right-of-way. In addition to permit fees for a small wireless facility permit, every small wireless facility located in the public right-of-way is subject to the Town's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way. Such compensation for use of the public right-of-way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of-way management activities by the Town. The owner of each small wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in the Town Fee Schedule.

Special use permit applications for large wireless facility applications.

General and specific requirements for large wireless facilities. Large wireless facilities are permitted in all zones, subject to the restrictions and conditions prescribed below:

Approval procedures.

Location.

Height. Wireless telecommunications facility support structures shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate co-location by additional antenna arrays, but under no circumstances is the height to be in excess of 150 feet.

Setback. All large wireless facilities, including any support structures and accessory equipment, located outside the public right-of-way shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure.

Visibility.

Security.

Escrow for review costs. In accordance with the procedures set forth in Chapter 47 of the Town Code, and to the extent permissible under federal law, for large wireless facility applications, the applicant shall be required to provide funds to an escrow account held by the Town to allow the Planning Board to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.

Recertification of special use permit.

Application fees. At the time that an application for a special use permit is submitted for a large wireless facility, or to renew any such application, a nonrefundable application fee shall be paid in an amount as determined by the Town Board and as set forth in the Town Fee Schedule, in addition to any other fee required by law.

Performance security for special permits. The applicant and the owner of record of any proposed large wireless facilities property site shall, at their cost and expense, be jointly required to execute and file with the Town a bond, or other form of security acceptable to the Town as to type of security and the form and manner of execution, in an amount of at least $75,000 for a large wireless facility on a new wireless telecommunications support structure and $25,000 for a co-location on an existing wireless telecommunications facility support structure or other existing structure; and with such sureties as are deemed sufficient by the Planning Board to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special use permit.

Authority to inspect. In order to verify that the holder of a special use permit for a large wireless facility and any and all lessees, renters, and/or licensees of large wireless facilities place and construct such facilities, including the wireless telecommunications support structure, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Town may inspect at any time, upon providing reasonable notice, all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, wireless telecommunications support structures, antennas, accessory equipment, electromagnetic output and buildings.

Liability insurance.

Indemnification. Any special use permit for a large wireless facility that is proposed for Town property or in the public right-of-way, pursuant to this section, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town and its elected officials, officers, board members, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town.

Regulations applicable to large wireless facilities in the public right-of-way.

Reimbursement for the use of the public right-of-way. In addition to permit fees for a large wireless facility permit, every large wireless facility located in the Town public right-of-way is subject to the Town's public right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way and for any applicable permitting fees set forth in Chapter 104 of the Town Code. Such compensation for use of the public right-of-way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of-way management activities by the Town. The owner of each large wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in the Town Fee Schedule.

Annual NIER certification. The holder of any special use permit shall, annually, certify to the Planning Board or its authorized designee that NIER levels at the site where the large wireless facilities are located are within the threshold levels adopted by the FCC. In addition, the Town, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any large wireless facility is located, with or without notice to the wireless telecommunications provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Town.

Default and/or revocation of special use permit.

Removal.

Penalties for offenses. In addition to any other remedies in this section, a violation of any provision of this section with respect to either large wireless facilities or small wireless facilities is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each continued violation shall constitute a separate additional violation.

Adherence to state and/or federal rules and regulations.

The lot on which the country inn is proposed shall have frontage on and practical access to a road owned by the State of New York and shall consist of a single lot with an area of at least 10 acres.

The Planning Board shall determine that the proposed country inn use will substantially preserve the historic character of the property as a whole and will not detract from the character of the property or of the surrounding neighborhood.

Location.

The Planning Board may permit the construction of accessory buildings or structures for accessory uses for the country inn, provided that, in the opinion of the Planning Board, these buildings or structures do not detract from the historic characteristics of the property. The Planning Board may permit limited accessory uses for the country inn, such as exercise facilities and other amenities, provided these uses conform to the spirit of the regulations and do not detract from the historic character of the property.

One parking space shall be provided on the lot for each 100 square feet of gross floor area in the restaurant portion of the country inn. The Planning Board may reduce this requirement where it determines that the parking needs of the use will be met by other means, including valet parking or permanent off-site parking, and where the reduction will conform to the spirit of the regulations and will not detract from the historic character of the property.

The proposed use shall comply with all of the dimensional requirements listed in Article V, § 125-50, of the Town Code for lots in the R-4A District, except for front yard and building height. The Planning Board may modify the requirements for front yard and building height where it determines that these modifications will conform to the spirit of the regulations and will not detract from the historic character of the property.

All signs and exterior lighting for the proposed country inn shall be approved by the Planning Board.

In granting a special permit, the Planning Board may regulate the hours of operation of the country inn and any of its accessory uses.

The Planning Board may specify the planting of buffer screening on the lot to provide privacy from the road or from adjoining properties for the activities of the country inn.

The country inn may include a maximum of 10 guest rooms for overnight accommodations.

The Planning Board may approve proposed changes to the size, color, materials, or other features of all buildings only if it determines that such changes are consistent with the historic character of the building and the criteria in Subsection C above.