Dobbs Ferry City Zoning Code
ARTICLE XIII
Use Standards
§ 300-54 Use-specific standards.
A.
Accessory buildings.
(1)
Accessory buildings shall be located no less than the required front yard setback for the applicable zoning district from any street line or five feet from any side or rear lot line, except that party wall private garages for not more than two cars may be erected in any residence district across a side lot line between two adjacent lots.
(2)
No accessory building shall be located nearer the front lot line than the principal building to which it is accessory.
(3)
No accessory building shall exceed a height of 20 feet or 1 1/2 stories in height.
(4)
No accessory building or combination of accessory buildings in an MDR, DT or DB Zoning District shall exceed 800 square feet in floor area. Basements, cellars and unfinished attics shall not be included in the calculation of floor area.
(5)
Accessory buildings shall be counted toward the building and impervious coverage calculations required by Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(6)
Accessory buildings shall complement the principal building in terms of materials, roof form, and architectural detailing.
(7)
In residential zoning districts, garages for the storage of noncommercial motor vehicles may be incorporated as a part of a residential building or located in an accessory building on the following conditions:
(a)
In a one-family zoning district, a garage may provide for the storage of one motor vehicle for each 2,500 square feet of lot area, up to a maximum of four motor vehicles.
(b)
In MDR Zoning Districts, a garage may provide for the storage of one motor vehicle for each 1,500 square feet of lot area, up to a maximum of four motor vehicles.
B.
Adult uses. It is recognized that there are some adult uses which have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and other sensitive land uses. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent neighbors. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Village; to deter the spread of blight; and to protect minors from objectionable characteristics of these adult uses by restricting their proximity to residential neighborhoods, religious uses, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, and civic or other cultural facilities.
(1)
No adult use shall be permitted in a building any part of which is used for residential purposes, including nonconforming residential uses.
(2)
No more than one adult use shall be permitted in any building or on any lot.
(3)
The exterior of the adult use structure shall be consistent with the character of the surrounding structures and shall not detract from the appearance of the neighborhood.
(4)
An adult use shall not be located within 750 linear feet from any residential zoning district or existing residential use, religious use, school, nursery school, day-care center, educational institution, park, historic and scenic resource, and civic or other cultural building, or another adult use. Distance shall be measured in a straight line from the closest structural wall of such adult use to the closest property boundary of such residential use, religious use, school, nursery school, day-care center, educational institution, park, historic and scenic resource and civic/cultural building.
C.
Auto-related uses. Auto-related uses shall:
(1)
Be located within the DG Zone, be at least 200 feet from any residential zoning district, existing residential use, or civic or institutional building, and require a special permit.
(2)
Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation and turning movements.
(3)
Conduct any vehicle repair or storage within an enclosed building. Temporary vehicle storage may be allowed in an outdoor storage area that shall be no larger than 25% of the total lot area. Such areas shall be located to the rear of the principal structure and be suitably screened. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
(4)
Have no outdoor speaker or public address system which is audible off site.
(5)
Not park or store a vehicle as a source of parts or park or store a vehicle for the purpose of sale or lease/rent.
D.
Bed-and-breakfast. Bed-and-breakfasts shall:
(1)
Have the owner-operator residing on or adjacent to the premises.
(2)
Be limited to a maximum of six guest rooms.
(3)
Not include cooking facilities in guest rooms, including but not limited to stoves, grills, or ovens.
(4)
Limit meal service to breakfast for paying guests.
(5)
Limit exterior alterations to those necessary to assure safety of the structure or enhance compatibility of the bed-and-breakfast with the surrounding neighborhood.
(6)
Limit advertising signage to one on-site sign with a maximum of nine square feet in area and a maximum of four feet in height as measured from the top of the sign.
E.
Clubhouses, community centers and places of worship.
(1)
Any such use of 1,500 square feet or greater floor area requires a special permit and shall be located on a parcel or site that fronts on an arterial or connector road, as defined by the Vision Plan.
(2)
A day-care center, senior center, elementary or secondary school associated with and located on the same parcel as a place of worship shall be considered a second principal use and requires approval as such.
(3)
The Village Board of Trustees shall have the authority to grant modifications to any of the standards listed in this subsection in order to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. § 2000cc et seq.), as amended.
F.
Clustered development.
(1)
Purpose. The purpose of this subsection is to facilitate new residential cluster development and to:
(a)
Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;
(b)
Provide incentives for projects that meet community goals, including but not limited to open space protection, connectivity and circulation, affordable housing, green building, and public gathering spaces and recreation opportunities;
(c)
Protect environmentally sensitive areas of a development site and preserve open space and natural features permanently;
(d)
Promote cost savings in infrastructure installation and maintenance by techniques such as reducing the distance over which streets and utilities, such as sewer and water lines, must be run;
(e)
Promote a variety of dwelling unit sizes and types; and
(f)
With respect to density bonuses, the intent is to maximize open space.
[Amended 6-14-2011 by L.L. No. 6-2011]
(2)
Applicability. The tables in Appendix A[2] establish the zoning districts where cluster development is allowed as a permitted use.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(3)
Permitted uses. The appropriate mix of uses within a cluster development shall be determined by the Planning Board and/or Board of Trustees through the site plan review process. At a minimum, all principal and accessory uses authorized in the OF Zoning District shall be allowed within a cluster development. The approving body, as part of the required site plan review, may permit additional uses, including but not limited to attached and multifamily housing, civic and institutional uses, and limited commercial uses such as neighborhood serving retail sales and service uses. In approving such additional uses, the approving body shall make specific findings as to the consistency of the uses to the purposes of this chapter and to the protection of the health, safety and welfare of the Village.
(4)
Base dimensional standards.
(a)
The dimensional standards of the underlying zoning district shall serve as the base standards for the district.
(b)
Modifications to the base standards shall be approved as part of the required site plan review.
(c)
A deed restriction shall be included in the deed for each property filed with the Westchester County Clerk prohibiting future development on the open space parcel(s), and a notation mirroring the deed restriction shall be included on the filed plat.
(d)
Open space parcel(s) provided by a clustered development may be conveyed in one of the following ways:
[1]
To the Village of Dobbs Ferry, subject to approval by the Board of Trustees, for use as park, open space, or other specified uses for public benefit. The Land Use Officer, with assistance from the Conservation Advisory Board, shall monitor such parcels to ensure that any land conveyed to the Village pursuant to this subsection shall be maintained according to general standards of conservation practice (e.g., documentation of baseline conditions, regular monitoring, and the enforcement of any terms of the deed restriction or other legal requirements);
[2]
To a nonprofit organization whose principal purpose is the conservation of open space; or
[3]
To a homeowners' association, corporation or trust owned or to be owned by the owners of lots or dwelling units within the residential cluster development. If such a corporation or trust is used, ownership shall pass with the conveyances of the lots or dwelling units.
(e)
Density bonuses.
[1]
Except as provided in Subsection F(4)(e)[2] below, the maximum number of dwelling units proposed for a residential cluster development shall not exceed the number of dwelling units otherwise permitted for the tract by the standards of the underlying zoning district.
[2]
In order to further the objectives of the Vision Plan, the Board of Trustees and/or the Planning Board may provide density bonuses in accordance with this subsection in exchange for an applicant providing one or more of the following facilities or amenities:
[a]
Protection of open space areas;
[b]
Protection and/or rehabilitation of historic buildings, structures, archaeological sites, or other resources recognized as eligible for listing on the State or National Register of Historic Places or as a local landmark;
[d]
Design of the development to qualify for LEED certification as defined by the U.S. Green Building Council; and
[e]
Maximizing and facilitating public ingress, egress, access to and enjoyment of the open space parcel associated with the residential cluster development by providing linkages such as trails and bicycle/pedestrian paths between the open space and the rest of the Village.
[3]
For applicants who provide or make provision for amenities and facilities listed in Subsection F(4)(e)[2] above, the Board of Trustees and/or the Planning Board may, at its discretion, award bonuses by increasing the density of the underlying zoning district up to a maximum of 20%. A bonus awarded under this provision may be in any increment between 0% and 20% in proportion to the degree to which the proposed amenities confer benefits identified in Subsection F(4)(e)[2] above, and shall be computed by reducing the minimum size of plot per family by the amount of the bonus. For example, if a bonus of 10% were allowed, permissible density would be calculated based on a reduction of the minimum lot per family from 2,500 square feet to 2,250 square feet. The bonus permitted under this subsection is a bonus in permissible density only and does not authorize any enlargement of the permissible bulk or lot coverage of buildings to be constructed.
[4]
In awarding a density bonus under this subsection, the Board of Trustees and/or the Planning Board shall make specific findings that set forth in detail the amenities to be provided by the applicant, how those amenities further the purposes of the Vision Plan and, in particular, how they preserve and enhance the unique aesthetic, recreational, environmental and historic qualities and features of the district and the Village for the maximum benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community. The findings shall also set forth in detail the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus.
[5]
Development applications for residential density in excess of the maximum density available under these provisions shall seek a rezoning to a more intensive zoning district. In such case, any rezoning shall continue to require the new development to meet the cluster development standards of this subsection, modified for the more intensive base density.
G.
Dormitory. A dormitory shall:
[Added 6-14-2011 by L.L. No. 6-2011[4]]
(1)
Be located only in an EI Zoning District.
(2)
Be under the direct management and administration of an educational facility.
(3)
All residents in a dormitory shall be matriculated students at the education facility responsible for the management of the dormitory, except that representatives of the educational facility may also be residents of the dormitory for the sole purpose of supervising the resident students at a ratio not to exceed one resident supervisor per 12 students.
(4)
Dormitories shall require a special permit issued by the Planning Board.
H.
Entertainment or recreation uses, outdoor.
I.
General sales or service.
(1)
In the DB District, no general sales or service use shall exceed 10,000 square feet in floor area.
(2)
In the DT District, no general sales or service use shall exceed 5,000 square feet in floor area.
(3)
In the MDR-1 and MDR-2 Districts, no general sales or service use or office use shall exceed 1,500 square feet in floor area.
J.
Group home. In furtherance of the policy of the State of New York to deinstitutionalize those persons who cannot be cared for in their natural homes by placing them in small, dispersed group homes which are designed to give an outwardly similar appearance to other one-family dwellings, the following regulations shall apply:
(1)
Each home shall be operated or sponsored by a public social service agency or nonprofit agency, authorized by the New York State Department of Social Services.
(2)
Each home shall have a maximum occupancy of six persons, excluding full-time sleep-in householder(s).
(3)
Each home shall be set up in size, appearance and structure to bear the general character of a family unit in a relatively permanent household. As such, it shall not permit transients or transient living.
(4)
Each home shall conform to and shall be maintained in accordance with the overall character and appearance of the surrounding neighborhood. No sign that advertises the use or occupancy of said home shall be erected.
(5)
Each applicant for a special permit for an agency group home shall submit the following information to the Planning Board:
(6)
Any change in the nature or type of the operation of any approved group home shall be subject to a complete new application for a special permit in accordance with the same standards and procedures as required for the original application.
K.
Home-based business.
(1)
Any business or activity carried out for gain by a resident shall be conducted entirely within the dwelling unit and shall be clearly incidental to the use of the structure as a dwelling.
(2)
The exterior of the dwelling as well as the site shall maintain a residential appearance with no overt differentiation from the exterior as to which portion of the dwelling is being used in connection with the home-based business.
(3)
There shall be no storage of equipment or supplies associated with the home-based business outside the dwelling.
(4)
There shall be no display of products visible in any manner from the outside of the dwelling, except that one nonilluminated nameplate not to exceed two square feet in area mounted flat against the dwelling shall be permitted.
(5)
For those home-based businesses in which instruction or meetings are required, no more than three pupils, employees, visitors, clients and customers shall be permitted on site at one time.
(6)
In the event that adequate on-street parking adjacent to the property is not available, the Planning Board may require that off-street parking spaces be provided on the premises, but in no event shall more than three spaces in addition to those required to comply with the requirements of Table C-1[5] for the residential use be permitted. Parking shall adhere to all requirements of this chapter for off-street parking in the district in which the use is located.
[5]
Editor's Note: Table C-1 is included at the end of this chapter in Appendix C.
(7)
No equipment shall be used or process conducted which creates noise, vibration, glare, fumes or odors detectable to the normal senses at the boundary line of the premises.
(8)
No home-based business shall be conducted between the hours of 7:00 p.m. and 9:00 a.m.
(9)
No home business shall exceed 25% of the square footage of the home.
(10)
There shall be no pickups or deliveries other than regular mail, commercial mail service, and next-day courier service.
L.
Home occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, with not more than one nonresident assistant working at the same time, with no retail sales of products produced off the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of that secondary use other than a permitted nameplate, does not involve the use of other than customary home appliances and equipment and does not involve the keeping of a stock-in-trade. The conducting of a clinic, hospital, barbershop, beauty parlor, tea room, bed-and-breakfast, animal hospital or raising of animals, or any similar use, shall not be deemed to be a home occupation.
M.
Hotels and inns.
(1)
Access to a minimum of 90% of guest rooms shall be from the interior of the building through a lobby providing security. Facilities with more than 10% of the guest rooms accessed from the exterior shall be considered to be motels.
(2)
Hotels and inns shall address the local needs of the community, providing accommodations for heritage travelers, visitors to local schools, people attending to patients at the Dobbs Ferry Hospital, and guests, relatives and friends visiting local residents or attending local events. This is to differentiate the character of the facility from one intended primarily to serve business travelers and transients or to provide for extended stays.
(3)
Arrangements with providers of housing for the homeless, indigent or people dependent upon social services shall not be permitted.
(4)
Guest rooms shall not include cooking facilities, including but not limited to stoves, grills or ovens.
(5)
Hotels and inns may include restaurants, bars, boutiques, banquet rooms, meeting rooms, exercise areas, a swimming pool, and other facilities intended primarily to serve the guests.
N.
Private swimming pools.
(1)
Swimming pools shall meet the construction, fencing, and other safety requirements of all applicable state and local building codes.
(2)
A bathhouse or cabana serving a household swimming pool shall be permitted, provided it meets the setback and other dimensional requirements for accessory sheds and garages in the district in which it is located.
O.
Off-street parking, surface. Off-street parking as a principal or accessory use shall:
[Amended 6-14-2011 by L.L. No. 6-2011]
(1)
Be the principal use on the lot. Parking spaces may be rented for parking. No other business of any kind shall be conducted on the lot, including repair service, washing, display or storage of vehicles or other goods;
(2)
Not be located in a one-family residential, MF or MDR Zoning District;
(3)
Not have frontage along Main Street or Cedar Street in the DB or DT District, except to allow access by a driveway no more than 18 feet wide to a parking area primarily screened from view by permitted buildings; and
P.
Temporary uses and structures. A temporary use or structure may be approved, subject to the following general standards:
(1)
The temporary use or structure must not have adverse impacts on nearby properties.
(2)
The temporary use or structure must not result in permanent alterations to the site.
(3)
Unless otherwise stated in the terms of the permit, the temporary use must cease to operate 30 days after approval of the permit.
(4)
All temporary signs associated with the temporary use or structure must be removed when the activity ends.
(5)
If the property is undeveloped, it must contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use.
(6)
Temporary structures must be located so as not to interfere with the normal operations of any permanent use located on the property.
(7)
A temporary use is not permitted unless sufficient off-street parking is adequate to accommodate anticipated parking needs associated with the temporary use.
Q.
Water-related recreation facilities. Mooring, docking or launching of motorized and nonmotorized watercraft shall be in full compliance with the following conditions:
(1)
The Village Board, on recommendation of the Planning Board, may authorize the maintenance and use of one or more suitably sized motorized watercraft and appropriate docking facilities for up to 72 hours as part of a special permit approving a use listed in § 300-53.
(2)
Specific findings must be made as part of the approval that the availability of such watercraft is an important safety measure.
(3)
Jet skis are prohibited.
(4)
Habitation on watercraft designed for such use shall be limited to 72 hours within any seven-day period. Habitation is not permitted on watercraft that is not specifically designed for such.
(5)
Compliance with the requirements of all authorities having jurisdiction.
R.
Wireless telecommunication services facilities.
(1)
Legislative intent. The Board of Trustees of the Village of Dobbs Ferry determines that it is in the best interest of its residents to establish regulations and standards for the siting and installation of all wireless telecommunication services facilities (WTSF) equipment, including towers, monopoles, pole-mounted and building-attached equipment and other related devices and equipment. These regulations and standards are adopted in order to promote the safety and welfare of the residents of the Village to the extent reasonably permitted under federal and state laws and rules and regulations, to avoid blight, to prevent the interruption of viewsheds and to limit construction of any WTSF in an area where such construction would be incompatible with the surrounding area. This subsection will ensure that all WTSFs and equipment be sited, designed, built and utilized in accordance with sound use planning that will preserve and protect the aesthetic qualities of the Village and promote and protect the safety and welfare of its residents.
(2)
Purpose. The purpose of this subsection is to regulate, to the fullest extent permitted by law, the siting, location, construction and maintenance of WTSFs in the Village in order to:
(a)
Promote the safety and welfare of the residents of the Village and surrounding communities.
(b)
Minimize the adverse visual effects of WTSFs and protect the natural features, aesthetics and character of the Village by careful siting, design, buffering and screening of WTSFs.
(c)
Limit the total number of WTSFs to be constructed in the Village to the minimum number of WTSFs necessary to provide adequate coverage within the Village.
(d)
Maximize the use of any proposed site by encouraging co-location and multiple use of WTSFs to the extent reasonably permissible.
(e)
Encourage the siting of WTSFs on existing or other planned or approved WTSFs.
(f)
Encourage the use of alternative technologies which eliminate the need for new or additional WTSFs in the Village.
(g)
Where the siting of a WTSF within the Village is proven to be necessary, to limit new WTSFs to existing nonresidential buildings and areas zoned for industrial and commercial uses.
(3)
Definitions.
(a)
For purposes of this § 300-54R and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meanings given in this subsection. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include words in the singular number, and words in the singular number include the words in plural number. The word "shall" is always mandatory and not merely directory.
(b) ACCESSORY FACILITY OR STRUCTURE ANTENNA ANTENNA ARRAY ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY BOARD CO-LOCATION FAA FCC FREESTANDING TOWER NONIONIZING ELECTROMAGNETIC RADIATION (NIER) OCCUPIED BY THE PUBLIC PERSON STEALTH WIRELESS TELECOMMUNICATION SERVICES (WTS) WIRELESS TELECOMMUNICATION SERVICES FACILITY (WTSF)
As used in this subsection, the following terms shall have the meanings indicated:
A facility or structure serving or being used in conjunction with a WTSF and located on the same property or lot as the WTSF, including, but not limited to, utility or transmission equipment storage sheds or cabinets.
A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as whip antennas, and parabolic antennas, as part of or in conjunction with a WTSF. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal communications services (PCS) and microwave telecommunications.
One or more rods, panels, discs or similar devices used for the transmission and/or reception of radio frequency signals, which may include omnidirectional antennas (whip), directional antennas (panel) and parabolic antennas (disc).
An antenna array that is attached to an existing building or structure, with any accompanying pole or device which attaches the antenna array to the existing building or structure; connection cables; and an equipment facility which may be located either inside or outside of the attachment structure.
The Architectural and Historic Review Board of the Village of Dobbs Ferry is the designated agency or body of the Village to which applications for a special use permit for a WTSF must be made and that is authorized to review, analyze, evaluate and make decisions with respect to granting, recertifying or revoking special use permits for WTSF.
The use of the same structure or telecommunications tower to carry two or more antennas for the provision of wireless services by two or more persons or entities.
The Federal Aviation Administration.
The Federal Communications Commission.
Any structure that is specifically designed for the purpose of supporting a wireless telecommunications device. This definition shall include monopoles and self-supporting and guyed towers.
Electromagnetic radiation of such frequency that the energy of the radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.
Areas not under the control of the owner or operator of the facility to the exclusion of all others.
Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision and any legal successor, representative, agent or agency of the foregoing.
Any WTSF which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and WTSFs designed not to look like a conventional WTSF but like something else existing in the community, such as light poles, power poles, flagpoles, and trees.
The provision of wireless telecommunication services, including, but not limited to, those more commonly referred to as "cellular telephones," which services are regulated by the FCC in accordance with and as the term "personal wireless services" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended. With the exception of communications for the Village Highway Department, the term "wireless telecommunication services" shall specifically exclude all other services not included in the FCC definition of "personal wireless services."
A facility or structure designed or intended to be used or used to support and include antennas for WTS. A WTSF is a facility or structure intended for transmitting and/or receiving radio, television, cellular, paging or personal wireless telecommunication services or microwave telecommunications, but excludes facilities or structures used exclusively for fire, police and other dispatch telecommunications, private radio and television reception, private citizen bands, amateur radios and other similar telecommunications. A WTSF includes, without limitation, antennas applied or affixed to the facade of a building or roof-mounted antennas, freestanding towers, guyed towers, monopoles, equipment shelters, and similar structures that employ camouflage technology, and includes, but is not limited to, structures such as a church steeple, water tower, flagpole, sign or combination thereof or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such.
(4)
Applicability and required findings. The following special use permit standards and requirements shall apply to all WTSFs. No special use permit approval shall be granted unless the Board makes the findings in writing that the application fulfills all of the purposes and meets all of the requirements of this subsection.
(5)
Use. Except as provided hereinafter, no WTSF shall be located, constructed or maintained on any building, structure or land area in the Village, except in conformity with the requirements of this subsection and all other applicable regulations. Any alteration of an existing WTSF must comply with requirements of this subsection and all other applicable regulations.
(6)
Location and access.
(a)
Location priorities.
[1]
Notwithstanding any other provision of the Zoning Ordinance or any other local law, WTSFs may, subject to the provisions of this article, be located in any zoning district. The owner of the property or properties proposed and the person seeking to install the WTSF (collectively, the "applicant") shall seek permission from the Village to locate, site and erect the WTSF(s), including towers or other tall structures, in accordance with the following priorities, which shall be applied in order to effectuate the legislative intent of this subsection as specified in § 300-54R(1). Generally, the following priorities shall be applied, with No. 1 being the highest priority and No. 8 being the lowest priority:
Priority | Location | |
|---|---|---|
1 | Village-owned property and structures; co-location on a site with existing telecommunications towers or structures containing existing telecommunications facilities | |
2 | Existing nonresidential structures greater than 20 feet in height (above ground level) | |
3 | Industrial or commercial zoning districts | |
4 | Other nonresidential areas | |
5 | Co-location on existing telecommunications towers or structures in residential districts | |
6 | Existing residential structures under special permit for commercial use | |
7 | Existing residential structures more than five stories in height | |
8 | Other property in the Village |
[2]
If the proposed WTSF is not to be on a site with existing telecommunications towers or structures containing existing telecommunications facilities, then a detailed explanation must be provided as to why a site of a higher priority is not being proposed by the applicant. The applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site, which shall be supported by propagation studies and such other data that demonstrates that the applicant cannot achieve coverage utilizing sites with a higher priority of preference.
[3]
An applicant may not bypass sites of higher priority by stating that the site presented is the only site that has been leased or selected by the applicant unless it is factually demonstrated in the application that the site is the only one that can be leased or selected by the applicant for physical, technological, legal or financial reasons.
[4]
An application shall address co-location as an option. If co-location is not proposed, the applicant must explain why co-location is commercially or otherwise impracticable. Agreements limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.
[5]
Notwithstanding the above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is one that promotes the legislative intent of this subsection as specified in § 300-54R(1).
(b)
The applicant shall submit a written report demonstrating the applicant's review of the proposed WTSF location(s) in order of priority, demonstrating the technological reason for the site selection(s).
(c)
The applicant shall, in writing, identify and disclose the number and locations of any additional WTSF sites that the applicant is considering, reviewing or planning, however preliminarily, for wireless telecommunications facilities in the Village and all municipalities immediately adjoining the Village for a two-year period following the date of the application.
(d)
Notwithstanding that a potential site may be situated in an area of highest available priority, the Board may disapprove an application or condition the granting of an application where granting of the application as submitted would violate any of the following considerations:
[1]
Safety and safety-related codes and requirements.
[2]
Traffic patterns or traffic laws.
[3]
The historic nature of a designated neighborhood or historical district or one deemed eligible to be registered, regardless of whether any of the properties within such district have been registered on the national or state register of historic places.
[4]
Proximity to residences or other noncommercial uses so as to create a discernible impact upon any adjoining property by virtue of visual or aesthetic impacts that are out of keeping with the area.
[5]
Viewsheds.
[6]
The Village Zoning Ordinance or the Village Vision Plan.
(7)
Shared use of telecommunications facilities.
(a)
Location of antennas on existing WTSFs shall be considered and preferred over the construction of new telecommunications towers or facilities. Where such shared use is unavailable, the applicant shall submit a comprehensive report which lists existing WTSFs and other appropriate structures which could possibly be used to support antennas within 1.5 miles of any proposed new WTSF site, unless the applicant can show that some other distance is more reasonable, and outlining the opportunities for shared use of existing facilities and the use of other existing structures as a preferred alternative to new construction.
(b)
In the event that an application to share the use of an existing freestanding telecommunications tower does not increase the height of the freestanding telecommunications tower, the Board may, in its sole discretion, waive such requirements of the application required by this subsection as may be unnecessary to the review of the application.
(c)
Proposed shared use shall consist only of the minimum antenna array technologically required to provide service within the Village, unless it is demonstrated that a more extensive antenna array is necessary to fill a service gap which cannot be filled without erecting additional freestanding towers or telecommunications structures within the Village.
(d)
A proposal for a WTSF shall not be approved unless the Board finds that the antenna planned for the proposed WTSF cannot be placed on an existing or approved WTSF or building within a search radius of 1.5 miles of the proposed WTSF due to one or more of the following reasons:
[1]
The antenna would exceed the structural capacity of the existing or approved WTSF or building, as certified by a licensed professional engineer, and the existing or approved WTSF cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
[2]
The antenna would cause interference materially impacting the function of other existing or approved antenna(s) at the WTSF or building, as certified by a qualified professional, and the interference cannot be prevented at reasonable cost.
[3]
Existing or approved WTSFs and buildings within the search radius of 1.5 miles cannot accommodate the antenna at a height necessary to function reasonably or to provide adequate coverage to the intended service area, as certified by a qualified professional.
[4]
Other bona fide reasons make it infeasible or undesirable to locate the antenna upon an existing or approved WTSF.
(e)
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing WTSF in a neighboring municipality be considered for shared use, an applicant shall submit to the Board with its application an affidavit that it has sent, by registered or certified mail, return receipt requested, at least 15 days prior to the public hearing on the application, a notification to the clerk of each municipality and the secretary of each municipal district or commission, such as the fire departments and the water authorities, that is wholly or partly within two miles of the proposed location of the WTSF. Such notification shall include the precise location of the proposed WTSF and a general description of the proposal, including but not limited to the height of the WTSF and its capacity for future shared use.
(8)
Setbacks. All WTSFs and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. It shall be demonstrated to the satisfaction of the Board that the proposed WTSF is set back adequately to prevent damage or injury resulting from icefall or debris resulting from failure or collapse of a WTSF or any part thereof and to avoid and minimize all other impacts upon adjoining properties. In addition, the following setbacks shall be observed:
(a)
To ensure public safety, the minimum distance from the base of any ground-mounted WTSF to any property line, road, habitable dwelling, business or institutional use, accessory structure or public recreation area shall be the height of the facility/structure, including antennas or other appurtenances. This setback is considered the "fall zone." Additional setbacks may be required by the Board to provide for the public safety.
(b)
In the event that an existing structure or building is proposed as a mount for a WTSF, a fall zone shall be required unless the Board finds that a substantially better design will result from a reduced setback. In making such a finding, the Board shall consider both the visual and safety impacts of the proposed use.
(9)
Height limitations. All WTSFs and their equipment shelters shall comply with the height provisions of the zoning district in which the facility is located. Notwithstanding the following height limitations, in no case shall a WTSF be higher than is reasonably necessary under contemporary technology for it to accomplish the purpose it is proposed to serve.
(a)
The height of any antennas or other associated equipment structurally mounted as part of a WTSF shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment are affixed.
(b)
The maximum height of a WTSF is limited to 50 feet above ground level upon which the antenna is placed. The ground elevation may not be raised to increase the height of the WTSF.
(c)
In the event that improving technologies permit the installation of smaller or lower antennas without degradation of their capabilities and without excessive replacement cost, the Board may require installation of such upgraded facilities upon renewal of the special permit or if the WTSF is being altered.
(10)
Design and visual mitigation.
(a)
WTSFs shall only be permitted on, in or attached to existing or approved buildings or structures by use of stealth technologies or materials unless otherwise permitted by the Board.
(b)
Where permitted, the only freestanding WTSF permitted shall be a monopole. WTSFs which require the use of guy wires or open framework are prohibited.
(c)
The applicant/provider shall prepare a visual impact assessment of the proposed WTSF based upon appropriate modeling, photography and other pertinent analytical techniques as required by the Board, including but not limited to a map identifying the zone of visibility and a visual simulation prepared by a professional engineer licensed in the State of New York. Such assessment shall also include a cataloging of the visual impact of the proposed WTSF on all existing views of the Hudson River within the Village.
(d)
Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, and alternative construction, structural and transmission technologies, such as antennas attached to or disguised as trees or other features or camouflaging techniques, shall be required to minimize the visual impact of such WTSF from public thoroughfares, important view and vantage points and surrounding properties, to the extent practicable, as determined by the Board.
(e)
No signs other than exempt signs or signs that may be required by the Board for security or safety purposes shall be erected on any WTSF.
(f)
All ground-based equipment and utilities shall be located underground to the extent feasible.
(g)
WTSFs shall be designed to blend as much as feasible 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. Every WTSF shall be of colors and design that are compatible and harmonious to blend with the natural features, buildings and structures surrounding such WTSF. WTSFs shall not materially alter or interfere with existing Hudson River views from residences or surrounding areas.
(11)
Lighting. The WTSF shall not be artificially lighted on an ongoing basis but may be artificially lighted for use, as and when necessary for repair and safety purposes, or as otherwise required by appropriate governmental authority.
(12)
Operational characteristics.
(a)
Unless otherwise superseded by the FCC, the design and use of the proposed WTSF, including its cumulative impact with other existing and approved WTSFs, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. This certification shall include a report prepared in accordance with the FCC Office of Engineering and Technology Bulletin 65, as amended. If new more-restrictive standards are adopted, the antennas shall be made to comply as soon as is practicable; failing which, operation of the WTSF may be terminated by the Village. The cost of compliance shall be borne by the owner and operator of the WTSF.
(b)
Annual certification by a professional engineer specializing in electrical engineering, certifying conformance with the applicable emissions standards and the requirements and conditions of conditional use permit approval, shall be required.
(c)
Certification by a professional engineer specializing in electrical engineering shall also be required prior to any modification of the WTSF or upon modification of the FCC standards.
(d)
The Board may hire a qualified professional or recognized authority to review and report on such initial and annual certification report, the cost of which shall be reimbursed by the applicant, owner and operator of the WTSF.
(e)
Any violation of the emissions standards shall be reported to the Board and shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of the requirements of this subsection or the conditions of conditional use permit approval shall be deemed to be an offense punishable by a fine in accordance with this subsection.
(14)
Utility service. On-site electrical and land-based telephone lines extended to serve the WTSF sites shall be installed underground.
(15)
Safety provisions. A WTSF shall be designed and erected so that, in the event of structural failure, it will fall within the required setback area and, to the maximum extent possible, away from adjacent development. No new structure shall be permitted which would be classified by the FAA Regulations, Title 14 CFR Part 77, as an obstruction or hazard.
(16)
Insurance. The owner, operator or applicant shall provide and keep in full force and effect, at its own cost and expense, public liability insurance which shall afford protection in an amount to be fixed by the Board, but in no case less than $2,000,000 per occurrence, naming the Village as an additional insured and indemnifying the Village against any and all losses for personal injury, death, property damage or other claim, obligation or liability, and all costs or expenses in connection therewith, including reasonable attorneys' fees and all costs of litigation, arising out of or relating to the existence, operation or use of any approved WTSF and any activities in connection therewith. This insurance shall be written in form satisfactory to the Village by good and solvent insurance companies of recognized standing, authorized to do business in the State of New York (rated not less than "A" XV by Bests) and shall contain a provision that the policy or policies shall not be canceled on less than 30 days' written notice to the Village. Appropriate insurance certificates shall be deposited with the Village before any permit is issued.
(17)
Security provisions. The owner, operator or applicant shall formulate and implement a security program for the site of a WTSF. Such program shall include physical features, such as fencing screened by buffer vegetation, anticlimbing devices or elevating ladders on monopoles or other approved structure, and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.
(18)
Structural inspection and report. A monopole or other approved structure shall be inspected at the expense of the service provider by a licensed professional engineer at least every five years or at any other time upon a determination by the Land Use Officer that the monopole or other approved structure may have sustained structural damage. A copy of the inspection report shall be submitted to the Land Use Officer. Necessary repairs/alterations shall be made to the structure by the owner or operator to ensure structural integrity.
(19)
Lease agreement.
(a)
In the case of an application for approval of a WTSF to be located on lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the Board, and a copy shall be filed with the Village Clerk.
(b)
The Board, at its discretion and in cooperation with the involved parties, shall allow proprietary information contained in such lease which is unrelated to the requirements of this chapter or the conditions of the approvals for the WTSF to be kept confidential to the extent permitted by law.
(20)
Removal.
(a)
A WTSF, or any portion thereof, including any portion above the height of the antenna, shall be dismantled and removed from the property on which it is located when it has been inoperative or abandoned for a period of 90 days from the date on which it ceased operation or no longer has a valid approval, permit or license or is otherwise no longer necessary for the provision of adequate coverage in the Village of Dobbs Ferry. The owner of the WTSF and each of the WTS providers on any approved WTSF shall provide written certification of the status of the use and necessity of the WTSF, or any part thereof, on a quarterly basis.
(b)
The applicant shall provide to the Village written notification, including identification of the date the use of the WTSF was discontinued or abandoned or no longer has a valid approval, permit or license or is otherwise no longer necessary for the provision of adequate coverage in the Village of Dobbs Ferry by one or more of the service providers, acknowledgment of the requirements to remove the WTSF, and identification of the plans for the removal of the WTSF within six months of such termination, abandonment or discontinuance of use.
(c)
The applicant shall provide to the satisfaction of the Village a written agreement suitable for filing with the County Clerk, Division of Land Records, to ensure the dismantling, removal and restoration of such an abandoned wireless telecommunications services facility. Performance of the removal requirements as set forth herein shall be secured by a bond posted by the applicant in an amount and for a duration determined to be adequate by the Board.
(d)
Unused portions of WTSFs above a manufactured connection shall be removed within six months of the time of antenna relocation or removal, unless a time extension is approved by the Board. The replacement of portions of a WTSF previously removed requires the issuance of a new conditional use permit.
(e)
In the event that such WTSF, or portion thereof, is not completely removed from such property within such time, the Village shall be authorized to effect such removal at the expense of the property owner.
(21)
Application procedure. All applicants for a special use permit for a WTSF or any modification of such facility shall comply with the requirements set forth in this subsection. All applications for a special use permit for a WTSF shall be submitted to the Board for consideration. Applications shall indicate compliance with site plan and special permit procedures and requirements as described in this chapter. In addition, applicants shall be required to submit the following:
(a)
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 Westchester County who shall be designated as the person upon whom process may be served as agent of the applicant.
(b)
A 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 determined by the Board.
(c)
A report signed by a licensed professional engineer with expertise in radio communication facilities and, as to Subsection R(21)(c)[4], [5], [6] and [7], by a professional having expertise in radio frequency emissions, containing the following:
[1]
The number, type and design of the proposed antenna array.
[2]
The make, model and manufacturer of the proposed antenna array.
[3]
A description of the proposed antenna array and all related fixtures, structures, appurtenances and apparatus, including height above ground level, materials and lighting.
[4]
The frequency, modulation and class of service.
[5]
Transmission and maximum effective radiated power.
[6]
Direction of maximum lobes and associated radiation.
[7]
Certification that the NIER levels based on the maximum equipment output at the proposed site comply with emission standards adopted by the FCC, such certification to be updated periodically as determined by the decisionmaking body.
[8]
Multicolor signal level propagation plots indicating adequate coverage under the FCC regulations and Telecommunications Act of 1996, as amended, or other applicable law, at standard USGS scale drawings of 1:25,000, including but not limited to topography and elevations, existing buildings, streets, WTSFs and other similarly tall structures, tile propagation plots, radial propagation plots and drive propagation plot data, and identification of all of the relevant system design parameters of all existing approved or proposed WTSFs which may affect or provide service within the Village of Dobbs Ferry. Separate signal level propagation plots shall be required for each existing, planned, approved and proposed WTSF.
(d)
The information requirements for the report in Subsection R(21)(c), directly above, may be supplemented or modified by the Board in its discretion, depending on the nature and circumstance of the application, on a case-by-case basis. The Board is not empowered to determine that the application for the WTSF, if fully in compliance with FCC standards, may be rejected for health-related reasons because of projected emissions.
(e)
A report signed by a licensed professional engineer specializing in structural engineering, containing the following:
[1]
In the case of an attached WTSF, documentation of the ability of the building or structure to accept the antenna array, the proposed method of affixing the antenna array to the structure and the precise point at which the antenna array shall be mounted.
[2]
In the case of a WTSF with support structure, documentation that the structure is capable of sustaining wind pressure and overturning moment in accordance with 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 National Electrical Code, and a description of the structure's capacity, including the number of antenna arrays it can accommodate and the precise point at which the antenna array shall be mounted.
(f)
Certification that the applicant will allow co-location, including a statement that all reasonable efforts have been made to co-locate such WTSF on all other existing, planned or approved sites with communication antennas which would eliminate the need for new or additional WTSFs in the Village.
(g)
If co-location is not proposed, certification and supporting evidence that co-location is not feasible.
(h)
Certification and supporting evidence that the proposed antenna array will not cause interference with existing communication devices.
(i)
A statement of anticipated on-site service needs, including frequency of service visits and types of vehicles used for service.
(j)
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 and fences; screening elevations of fences, and materials used.
(k)
A map depicting and listing all existing sites containing wireless telecommunications facilities in the Village and bordering communities, used by the operator, owner or applicant.
(l)
A copy of the FCC license and demonstration that there is a public need for each such WTSF at the location(s) proposed by the applicant to provide adequate coverage in the Village.
(m)
A written agreement, in recordable form suitable for filing in the Westchester County Clerk's office and prepared to the satisfaction of the Village Attorney, acknowledging that it shall be required to allow the co-location of all other future WTSFs unless otherwise unreasonably limited by technological, structural or other engineering considerations and expressly stating that it shall negotiate in good faith with all other providers.
(n)
A bond in form and amount acceptable to the Village Attorney sufficient to ensure the safe and timely removal of the WTSF in case of inoperation or abandonment, such bond to be renewed annually.
(22)
Retention of consultants.
(a)
When additional expertise is needed, the Board may hire any consultant and/or expert to assist the Board in reviewing and evaluating the application for a special use permit. The review and evaluation by the consultant may include, but is not limited to, the construction and modification of the site of a proposed renewal/recertification of a WTSF.
(b)
Upon filing of its application, an applicant shall deposit with the Village funds in the amount of $5,000 or such other amount as the Board deems applicable to reimburse the Board for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application and/or recertification of a WTSF. To the extent that the initial deposit is insufficient to cover the costs of such consultant and expert evaluation, the applicant shall immediately upon request of the Board make an additional deposit in an amount required by the Board.
(23)
Owner/applicant representative contacts. The applicant and all future owners of the premises and the WTSF shall at all times keep on file in the office of the Village Clerk the name, address and telephone number of the owner and operator of such WTSF and of at least one individual who shall have authority to arrange for the maintenance of the premises and the WTSF, and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and the WTSF.
(24)
Decisions. All decisions of the Board involving applications for WTSFs shall be in writing and supported by substantial evidence.
(25)
Compliance with other laws. The operator of every WTSF shall submit to the Village Clerk 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. Upon the failure to do so after 30 days' notice, unless good cause for such failure is shown, the Board shall have the discretion to terminate the conditional use permit.
(26)
Assignment of permit. No permit granted under this subsection for any antenna or WTSF or accessory structure shall be assigned or transferred without the prior approval of the Board.
(27)
Review. All permits granted under this subsection shall be subject to review by the Board at five-year intervals to determine whether the technology applicable to WTSFs generally has changed such that the necessity for the permit at the time of its approval has been eliminated or modified and whether the permit should be modified or terminated as a result of any such change.
(28)
Penalties for offenses. A violation of this subsection is hereby punishable by a fine not exceeding $1,000 per day per occurrence or imprisonment for a period not to exceed 15 days. Each day's continued violation shall constitute a separate offense.