East Rochester City Zoning Code
ARTICLE XI
Special Use Permits
§ 193-59 Purpose.
The purpose of this article is to provide for certain uses which require special care to ensure their appropriateness in a particular location. These uses may be permitted if an applicant can demonstrate adherence to the specific regulations contained herein and provide adequate protection to neighboring properties. These uses are generally for public or semipublic convenience and welfare, but because of the nature of the use, the importance of its relationship to the goals and objectives of the Town/Village's Comprehensive Plan and possible neighborhood impact, they require the exercise of sound planning judgment on an individual case basis.
B.
Any variation from the standards and criteria presented in this article shall require a variance from the Zoning Board of Appeals.
C.
Site plan review.
(1)
No building permit for a use allowed by special permit shall be granted until a site plan has been approved by the Zoning Board of Appeals in accordance with § 193-42 of this chapter. However, site plan approval shall not be a prerequisite to approval of the special use permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 193-60 Enumeration of special uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following buildings, structures and uses may be approved by the Zoning Board of Appeals, as specified in Article X, in accordance with the procedures and standards of this article, provided that the public health, safety, morals and general welfare will not be adversely affected, that adequate off-street parking facilities will be provided and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values, and further provided that the additional standards of this article are complied with. The uses enumerated below in this section shall be subject to the special use permit procedure.
A.
Public utilities. Public utility structures and uses, such as dial equipment centers and substations, but not power plants, telecommunications towers or repair and/or maintenance yards, may be permitted in any zone district with a special use permit. Repair and/or maintenance yards may be permitted with a special permit in the Industrial District.
(1)
No special use permit shall be issued unless the Zoning Board of Appeals shall determine that:
(a)
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(b)
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
(c)
Adequate and attractive fences and other safety devices will be provided.
(d)
A buffer strip 10 feet in depth shall be provided around the perimeter of the property, as specified in § 193-70.
(f)
All of the area, yard and building coverage requirements of the respective zone will be met.
B.
Gasoline service stations, public garages and motor vehicle repair shops. Gasoline service stations may be permitted in any commercial district, provided that the following standards are observed. Public garages and motor vehicle repair shops may be permitted in the GC and C/I Districts, subject to the following regulations:
(1)
In addition to the information required in the special permit application and enumerated in Article VII, § 193-43 of this chapter, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed. No underground storage tank shall have a capacity in excess of 24,000 gallons.
(2)
The entire area of the site traveled by motor vehicles shall be hard-surfaced with asphalt concrete.
(3)
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside an enclosed building.
(4)
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be permitted on the respective island if provided for in a suitable stand or rack.
(5)
No gasoline service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
(7)
No fuel pumps or fuel storage tanks shall be located within 20 feet of any street right-of-way or property line.
(9)
All exterior and interior lighting shall be so designed and directed as to cause no hazard to the operation of vehicles on public streets and to create no annoyance or hindrance to the occupants or users of nearby properties.
(10)
All setback and other requirements shall be consistent with those required for commercial uses in the GC District.
C.
Home occupations or home professional offices.
(1)
Home occupations or home professional offices may be permitted in any residential district, subject to the following requirements:
(a)
The proposed use shall be carried on by a member of the family unit residing on the premises.
(b)
The home occupation or professional office use is clearly subordinate to the principal use of the dwelling for residential purposes.
(c)
Not more than 25% of the total floor area of the principal building and associated accessory buildings may be used for such home occupation or profession.
(d)
No person who does not reside on the premises may be employed by such home occupation or profession. However, no more than one person who does not reside on the premises may be employed if the applicant demonstrates that such employee will not have a negative impact on the neighborhood.
(e)
(Reserved)
(f)
The proposed use shall not generate traffic beyond that normally expected in a residential neighborhood.
(h)
The proposed use shall not create noise, dust, vibration, odor, glare, fumes or electrical interference detectable by the normal senses of persons off the premises. In the case of electrical interference, there shall be no radio or television disruption or fluctuations in line voltages off the premises.
(i)
The type of home occupation or home office shall be consistent with the character of the neighborhood.
(j)
No outdoor storage or outdoor display shall be permitted.
(2)
Family day care, at-home product sales and demonstration parties and similar occasional events and businesses that do not involve client or customer visits to the premises shall not be subject to the regulations in this Subsection C and shall not require a special use permit, provided that no evidence of the business is apparent from outside of the premises.
D.
Appropriate public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature may be permitted as specified in Article X, provided that the following standards and conditions are observed:
(1)
A narrative description of the proposal shall accompany the application, describing the nature of the proposed use.
(2)
The proposal shall meet the minimum area and yard requirements for such uses as specified in Schedule I of this chapter.[2]
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
(3)
The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter, as may be appropriate.
(4)
The Zoning Board of Appeals, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Town/Village.
E.
Car wash establishments, including both coin-operated vehicle washers and automatic vehicle washers, may be permitted in the GC General Commercial District, provided that site plans consistent with the requirements of Article VII, § 193-43 are submitted and that the following standards and conditions are observed:
(1)
Coin-operated vehicle washers. These washers are intended to be those where the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.
(a)
The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 300 feet to any residential district and shall be separated from a residential district by another nonresidential use.
(b)
All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.
(c)
Vacuuming facilities may be outside the building but shall not be in the front yard and shall meet the respective setback requirements as required for accessory structures in the GC General Commercial District. Such area shall be buffered or screened as deemed necessary by the Zoning Board of Appeals.
(d)
Off-street parking shall be provided on the property in the ratio of not fewer than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall and one space per employee. Each space shall meet the minimum requirements for a parking space as set forth in Article X of this chapter.
(e)
All off-street parking areas shall be hard-surfaced and dust-free.
(f)
Any lights used to illuminate the area shall be directed away from adjacent properties.
(g)
The use shall close operations at a reasonable hour as determined by the Zoning Board of Appeals.
(2)
Automatic vehicle washers. These vehicle washers are intended to be those where the vehicle is either slowly driven through or pulled through, by automatic chain mechanism, a vehicle wash in which the vehicle operator does not perform any of the washing function other than to drive the vehicle where necessary.
(a)
The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 500 feet to a residential district and shall be separated from a residential district by at least two other nonresidential uses.
(b)
All vehicle wash operations shall be so soundproofed, the entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial uses measured at the same point on said adjacent property.
(c)
There shall be provided no fewer than 10 reservoir parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays and five parking spaces at the exit of each washing area. Each space shall meet the minimum requirements for a parking space as set forth in Article XII of this chapter. One parking space shall also be provided for each employee on the maximum shift.
(d)
Vacuuming facilities may be provided outside but shall meet the setback requirements as required for the GC General Commercial District. Such area shall be buffered or screened as deemed necessary by the Zoning Board of Appeals.
(e)
The only operations conducted on the property shall be the washing of vehicles and vacuuming of interiors of vehicles.
(f)
Any lighting shall be directed away from adjacent properties.
(g)
All off-street parking areas shall be hard-surfaced and dust-free.
(h)
All washing operations shall be conducted within enclosed structures which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.
F.
Funeral homes may be permitted in the R-1-70, R-1-48, LC, C/I and GC Zoning Districts, provided that the following standards and conditions are observed:
(1)
The site shall be large enough to permit the loading and formation of funeral processions on site.
(2)
All parts of the operation shall take place within an entirely enclosed building.
(3)
There shall be either screen plantings or an opaque-type fence consistent with the character of the surrounding area, or both, to act as a visual buffer along the boundaries of this site and adjacent uses.
(4)
The site shall have access to a thoroughfare which, in the opinion of the Town/Village Engineer, has sufficient capacity to accommodate the projected traffic from the proposed use without burdening adjacent uses.
(5)
The proposed use shall not use any minor residential neighborhood street as any part of a funeral procession route unless it can be demonstrated that such is absolutely necessary in order to reach a cemetery or similar facility.
(6)
The site should be located away from areas of heavy traffic and other relatively noisy uses. Similarly, the site shall be designed to offer privacy to the site itself as well as adjacent uses.
G.
Light industrial uses may be permitted in the C/I Mixed Commercial/Industrial and GC General Commercial Districts, provided that the proposed use observes the following standards and conditions:
(1)
The proposed use shall be specifically identified as a permitted use in the I Industrial District, § 193-58 of this chapter, or, in the opinion of the Zoning Board of Appeals, shall be similar in nature and scale to those permitted.
(2)
The proposed use meets the dimensional requirements of this chapter for industrial uses as specified in Schedule I of this chapter.[3]
[3]
Editor's Note: Schedule I is included as an attachment to this chapter.
(3)
The proposed use meets all of the off-street parking and loading provisions, standards and requirements of this chapter.
(4)
The proposed use shall meet all of the provisions, standards and requirements of this chapter for industrial uses, including but not limited to industrial processes, outside storage, accessory buildings and uses, landscaping and seeding, fencing, lighting, driveways and access cuts.
H.
Windmills or wind generators may be located in any district, provided that the following standards and regulations are observed:
(1)
In addition to the information required in the application and enumerated in Article VII, § 193-43 of this chapter, the site plan submitted shall also show:
(a)
Location of the tower on the site and the tower height, including blades.
(b)
Underground utility lines within a radius equal to the proposed tower height, including blades.
(c)
Dimensional representation of the various structural components of the tower construction, including the base and footings.
(d)
Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.
(e)
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.
(2)
No windmill, including blades, shall extend more than 50 feet above the average ground level of the permanent structure.
(3)
No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.
(4)
Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.
(5)
No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Building Inspection Department indicating the degree of expected interference and the possible effect on the microwave communications link.
(6)
Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones and clearance around VOR and DVOR stations.
(7)
No windmills shall produce noise in excess of the limits established by the Chapter 123, Noise, of the Code of the Town/Village of East Rochester.
(8)
All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation in accordance to the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference.
(9)
Contiguous property owners may construct a windmill for their common use. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the Zoning Board of Appeals for approval.
(10)
No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Zoning Board of Appeals to be detrimental to the general neighborhood character.
(11)
If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the Rochester Gas and Electric Company.
(12)
Towers shall be located in rear yards and screened as determined appropriate by the Zoning Board of Appeals.
(13)
Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.
(14)
All windmills shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.
(15)
The minimum distance between the ground and any protruding blades shall not be less than 15 feet, as measured at the lowest point of the arc of the blades.
I.
Light assembly and light fabrication and other light industrial uses may be permitted in the LC Limited Commercial and C/I Mixed Commercial/Industrial Districts, provided that the proposed use observes the following standards and conditions:
(1)
The proposed use shall be specifically identified as a permitted use in the I Industrial District, § 193-58 of this chapter, or, in the opinion of the Zoning Board of Appeals, shall be similar in nature and scale to those permitted.
(2)
The proposed use meets the dimensional requirements of this chapter for limited commercial uses as specified in Schedule I of this chapter.[4]
[4]
Editor's Note: Schedule I is included as an attachment to this chapter.
(3)
The proposed use meets all of the off-street parking and loading provisions, standards and requirements of this chapter.
(4)
The proposed use shall meet all of the provisions, standards and requirements of this chapter for limited commercial uses.
(5)
The parcel must adjoin land within the I Industrial District. Parcels separated by a street or railroad track shall be considered to be adjoining parcels.
J.
Two-family dwellings constructed or converted prior to zoning restrictions excluding the same and not eligible for treatment as prior existing nonconforming uses, only when owner-occupied and only when modified to comply with the New York State Uniform Fire Prevention and Building Code as of the date of the issuance of the special permit, may be permitted in residential districts, provided that the following standards and conditions are observed:
K.
Motor vehicle sales and service businesses may be located in the C/I Mixed Commercial/Industrial District, provided that the use observes the following standards and conditions:
(1)
The proposed use meets the dimensional requirements of this chapter for limited commercial uses as specified in Schedule I of this chapter.[6]
[6]
Editor's Note: Schedule I is included as an attachment to this chapter.
(2)
The proposed use meets all of the off-street parking and loading provisions, standards and requirements of this chapter.
(3)
The proposed use shall meet all of the provisions, standards and requirements of this chapter for general commercial uses.
L.
Apartments or a multifamily dwelling or complex may be located in the TR Townhouse Residential District, provided that the following standards and requirements are met:
(1)
The minimum land area required for such uses shall be one acre.
(3)
Not more than 10% of the units in any single development shall contain three bedrooms.
(4)
Where there is more than one building in a complex, no buildings shall be closer together than the height of the lower building.
(5)
A strip of land at least six feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.
(6)
Courtyards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
(7)
Apartments or multiple-family dwelling complexes shall be attractively shrubbed and properly maintained. Open space adjacent to, around or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
M.
Telecommunications towers. The Zoning Board of Appeals may approve a special use permit for the creation and maintenance of telecommunications towers within the I Industrial District, provided that the following standards and provisions are maintained:
(1)
Purpose. The purpose of these special use permit regulations is to promote health, safety and the general welfare of the residents of the Town/Village of East Rochester; to provide standards for safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping.
(2)
General criteria. No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications tower shall be authorized by the Zoning Board of Appeals unless it finds that such telecommunications tower:
(a)
Is necessary to meet current or expected demands for service.
(b)
Conforms to all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration and other federal agencies.
(c)
Is designed and constructed in a manner which minimizes visual impact to the extent practical.
(d)
Complies with all other requirements of this chapter, unless expressly superseded herein.
(e)
Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications tower.
(f)
Is designed to accommodate future shared use by at least one other telecommunication service provider. Any subsequent location of telecommunication equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower. However, the additional equipment will require site plan review.
(3)
Collocation.
(a)
The Town/Village of East Rochester prefers the shared use of towers to the construction of towers for individual use. Where shared use is not possible, consideration should be given to the location of antennas on preexisting structures. Any special permit applications or renewal or modification thereof shall include proof that reasonable efforts have been made to collocate within (share) an existing telecommunications tower or upon an existing structure.
(b)
Applicants shall present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and the use of other preexisting structures as an alternative to the construction of a new tower. Such report shall identify existing telecommunications tower sites and structures exceeding 75% of the height of the proposed tower within the search range of the cell grid. The inventory report shall contain an evaluation of opportunities for shared use and alternatives to the proposed location.
(c)
Applicants intending to share use of an existing tower shall document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs may include, but are not limited to, structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or lease required to accommodate shared use.
(d)
Applicants proposing to build new towers shall submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. The applicant must demonstrate that the proposed telecommunications tower cannot be accommodated on existing telecommunications tower sites in the inventory due to one or more of the following reasons:
[1]
The planned equipment would exceed the structural capacity of existing and approved telecommunications towers or other structures, considering existing and planned use for those facilities.
[2]
The planned equipment would cause radio frequency interference with other existing or planned equipment which cannot be reasonably prevented.
[3]
Existing or approved telecommunications towers or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably.
[4]
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures.
[5]
The property owner or owner of the existing telecommunications tower or other structure refuses to allow such collocation.
(4)
Dimensional standards.
(a)
No more than one telecommunications tower shall be permitted on any single parcel of land.
(b)
The minimum lot size for a tower shall be sufficient to include the entire fall zone, regardless of whether the site is leased or owned in fee.
(c)
The minimum setback of any tower part, including accessory facilities, from any property line for each telecommunications tower shall be equal to the height of the tower to be erected.
(d)
A fall zone around any telecommunications tower must have a radius at least equal to the height of the tower and any antennas attached upon its zenith. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement and may not contain any structure other than those associated with the telecommunications tower.
(e)
The frontage requirement of the zone district shall not apply, provided that the telecommunications tower is not proposed on a parcel to be partitioned specifically for the facility and provided that the facility is not designed for occupancy by staff. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or ownership, shall be in accord with Subsection M(7) herein.
(5)
Lighting and marking. Telecommunications towers shall be marked and lighted, as appropriate, in order to comply with standards and requirements of any governmental agency with jurisdictional authority. Whenever possible, towers should be designed and sited so as to avoid the application of FAA lighting and painting requirements.
(6)
Appearance and buffering.
(a)
The use of any portion of a telecommunications tower for signs or promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers and balloons, is prohibited.
(b)
All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment, as determined by the Zoning Board of Appeals.
[1]
Any tower that is not subject to FAA marking, pursuant to Subsection M(5) herein, shall have a galvanized finish or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Zoning Board of Appeals, or be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.
[2]
Generally, guyed towers shall be preferable to freestanding structures.
[3]
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
[4]
The Zoning Board of Appeals may require the planting of deciduous or evergreen trees to ensure adequate screening around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas or public roads. The Zoning Board of Appeals may similarly require screening adjacent to waterways, landmarks, refuges, community facilities or conservation or historic areas within common view of the public.
[5]
Existing on-site vegetation shall be preserved to the maximum extent possible.
(7)
Access and parking.
(a)
An access road and sufficient off-street parking facilities shall be provided to assure adequate emergency and service access. Maximum use shall be made of existing roads. New rights-of-way established solely for access to telecommunications towers must be at least 20 but no more than 30 feet wide. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(b)
The road surface (driveways) shall be centered within rights-of-way and shall not comprise more than 60% of the width of the right-of-way.
(c)
Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.
(d)
Driveways or parking areas shall provide adequate interior turnaround such that service vehicles will not have to back out onto a public thoroughfare.
(8)
Security.
(a)
All commercial telecommunications towers shall be completely enclosed by a fence, with suitable locking facilities, not less than eight feet in height above ground level. The top foot of such fencing may, at the discretion of the Zoning Board of Appeals, in deference to the character of the neighborhood, be comprised of three strands of barbed wire to discourage unauthorized access to the site.
(b)
Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered.
(c)
There shall be no permanent climbing pegs within 15 feet of the ground on any tower.
(d)
A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.
(9)
Engineering and maintenance.
(a)
Site plans for all telecommunications towers must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).
(b)
Every facility shall be inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Building Inspector/Code Enforcement Officer.
(c)
A safety analysis by a qualified professional must accompany any special permit or site plan application or renewal thereof or modification for the purpose of certifying that general public electromagnetic radiation exposure does not exceed standards set by federal regulations.
(10)
Removal.
(a)
In the event that a telecommunications tower becomes obsolete due to new technology or is no longer used for the purpose specified in the application or the telecommunications facility ceases operations for a period of 12 consecutive months, such tower, structures or facilities shall be dismantled and removed from the site within 120 days of receipt of written notice from the Town/Village and based upon the Town/Village's declaration to the effect specified herein. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.
(b)
The Zoning Board of Appeals may, as a condition of special use permit approval, require the applicant to provide a letter of credit, performance bond or other financial guaranty, with the municipality as the assignee, to insure that funds will be available for the Town/Village's use for removal of the telecommunications tower and for property restoration, should the tower become obsolete or abandoned.
(c)
At time of modification of the special use permit, the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications tower and property restoration.
(11)
Additional information required for site plan review. Site plan approval shall be granted by the Zoning Board of Appeals in accordance with the provisions of this chapter. In addition to the specific requirements, a site plan application for a telecommunications tower shall include the following additional information:
(a)
The location of all structures and trees on the site and on any adjacent property within 50 feet of the subject property line.
(b)
Documentation of the proposed intent and capacity of use as well as a justification for the height of any tower and antennas and justification for any proposed clearing of land or vegetation.
(c)
All information prepared by the manufacturer of the tower, or the applicant for which a special use permit is being sought, including but not limited to the following:
[1]
Type of tower to be erected.
[2]
Identification of any anticlimb device to be installed.
[3]
Identification of the levels of radiation to be emitted by or from the telecommunications tower.
[4]
Identification of the effects that the operation of the tower will have on other existing telecommunications towers or antenna within 1,000 feet of the proposed structure.
(d)
The Zoning Board of Appeals may retain the services of a telecommunications consultant to review the proposed site plans for a telecommunications tower. All reasonable and necessary consultant costs incurred by the Town/Village in the review of site plans and application documents shall be borne by the applicant, to the extent permitted by law.
(12)
Exceptions. The following telecommunications towers are excepted from the provisions of this Subsection M:
(a)
Satellite dish antennas as regulated elsewhere in this chapter.
(b)
Conventional television and radio antennas when used exclusively for private benefit and involving a structure with a height of less than 15 feet above existing grade or, if attached to a structure, less than 15 feet above the maximum height of the building.
(c)
Lawfully approved uses existing prior to the effective date of these regulations.
(d)
Facilities located on property owned by the Town/Village of East Rochester.
(13)
Time limit. In consideration of a special use permit for the erection and maintenance of a telecommunications tower, the Zoning Board of Appeals may impose a specific time period for the operation of the use. Said time limit shall clearly stipulate the conditions imposed for granting the special use permit and the basis for the Zoning Board of Appeals not to renew said permit for another specified time period.