5.1.1. Accessory buildings.

5.1.1.1. An accessory building may be located in any required side or rear yard provided:

(a)

Such building shall not exceed 15 feet in height.

(b)

Such buildings shall be set back five feet from any lot line and shall not be located nearer than ten feet from the principal building.

(c)

All such buildings in the aggregate shall not occupy more than 30 percent of the area of the required rear or side yard.

(d)

No accessory building on any lot in any district shall be used for residential purposes.

5.1.1.2. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.

5.1.1.3. An accessory building on that portion of a lot not included in any required yard shall conform with the height regulations for principal buildings.

5.1.1.4. No accessory building shall be located nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the planning board may authorize the erection of such garages under the following conditions:

(a)

If the natural slope is from ten percent to 20 percent within 25 feet of the street line, the planning board may permit a garage not closer than ten feet from the street line; and

(b)

Where such slope exceeds 20 percent a garage may be permitted not closer than five feet from the street line.

5.1.2. Deduction for steep slopes for all residential uses to determine net lot area. In order to reduce potential impacts to property, to reduce impacts from erosion, to promote good site drainage and to promote the health and safety of residents, on land not capable of supporting full development, 50 percent of land having slopes of between 15 percent to 25 percent shall be subtracted from the gross lot area. Seventy-five percent of land having slopes greater than 25 percent shall also be subtracted from the lot area to determine the net useable lot area. The net lot area shall be used to determine compliance with the bulk requirement for minimum lot area.

5.1.3. Exceptions to lot depth requirements. The required lot depth at any point may be decreased by the planning board by 25 percent if the average lot depth conforms with the minimum requirement.

5.1.4. Exceptions to yard requirements.

5.1.4.1. Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over 6½ feet shall conform to the requirements set forth herein for buildings. Paved areas (other than those needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a lot line.

5.1.4.2. Entries and porticos. A roofed-over but unenclosed projection such as an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this ordinance.

5.1.4.3. Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the two existing dwellings with the greatest setbacks within 200 feet on each side of the said proposed dwelling, on the same side of the street, within the same block, and the same district.

5.1.4.4. Front yards on narrow streets. On streets with less than a 50-foot right-of-way, the front yard setback shall be measured from the centerline of the existing street, and 25 feet shall be added to the front yard setback.

5.1.4.5. Health care uses related to an overall site plan. For uses integrally related to a comprehensive health care campus site plan and for which a separate site plan is proposed, the planning board is authorized to modify the yard requirements from lot lines abutting other lots within the campus.

5.1.5. Existing small lots. A lot owned individually and separately from any adjoining tracts of land on the effective date of this ordinance, which has a total lot area or lot width less than prescribed in this ordinance, may be used for a one-family residence only provided such lot shall be developed in conformity with all applicable district regulations other than the minimum lot area, lot width and side yards. Existing small lots meeting the above stipulations shall comply with the following:

5.1.6. Uniformity of design. In order to avoid monotony of architectural design, no building permit shall be issued for the erection of a home located within an approved major subdivision plat if it is substantially like any neighboring building which is existing or for which a building permit has been issued or is being concurrently considered.

5.1.6.1. A building shall be considered neighboring if it fronts on the same street as the building being considered and which is the first or second house along the street in either direction or which faces the building site being considered from across the street.

5.1.6.2. In considering those items listed in section 5.1.6.3, buildings shall be considered substantially alike in any dimension for which they differ by less than two feet except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be alike in related location of such elements.

5.1.6.3. Buildings shall be considered substantially alike unless they differ in at least three of the following respects or dimensions:

(a)

Setback from the street.

(b)

Relation of a garage visible from the street to the main structure.

(c)

Length of the main roof ridge.

(d)

Height of the roof ridge above the first floor elevation.

(e)

Width, measured perpendicular to main roof ridge, if the building has a gable extending from the main roof visible from the street.

(f)

Relationship to each other of either windows, doors, chimneys, or any porch in the front elevation.

5.1.6.4. The planning board may waive or vary any requirements of this section where the layout of the neighborhood, road pattern, topography, observation of natural features, views and the location of individual structures is such to avoid monotony of architectural design despite similarity of buildings.

5.1.7. Corner lots.

5.1.7.1. Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such street lines 30 feet distant from their point of intersection.

5.1.7.2. Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other, or others, shall be deemed to be side yards.

5.1.8. Bed and breakfast accommodations. A bed and breakfast is permitted in the R-1 zoning district on lots of at least one acre within 1,000 feet of a state highway with a permit from the building inspector. This permit shall be nontransferable to future owners of the premises. Prior to the issuance of a permit for a bed and breakfast use, the premises shall be subject to inspection by the village building inspector to confirm the premises meets all current building and fire codes.

5.1.8.1. A bed and breakfast shall provide one off street parking space for each guest room available for rent in addition to those required for the single family dwelling. No parking shall be permitted closer to a public road than the principle structure.

5.1.8.2. Any outdoor amenities available for use by guests, including swimming pools or sitting areas shall be a minimum of ten feet from all property lines and screened from neighboring properties.

5.1.8.3. All amenities, both indoor and outdoor, on the subject property shall be available to guests only. No public use is permitted.

(L.L. No. 3-2021, § 3, 8-23-21)

5.2.1. Height regulations. Building height shall be determined using the vertical distance measured from the average elevation of the proposed finished grade of the building to the highest point of the roof for flat roofs and mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Structures such as flagpoles, chimneys, mechanical appurtenances, flues, and spires are exempt from height restrictions provided they occupy not more than 20 percent of roof area.

5.2.1.1. Subject to planning board approval and notwithstanding other height provisions in this ordinance, structures located within 850 feet of the centerline intersection of the right-of-way of a grade separated interchange between two state highways, one of which is a limited access highway, shall not exceed 50 feet in height. In granting said approval the planning board may establish the required distances between any such building and surrounding buildings, uses, or lot lines.

5.2.1.2. Any application for a building in excess of 40 feet in height shall be reviewed and approved by the board of commissioners of the Goshen Fire District as to fire safety and internal access, and its recommendation made to the planning board.

5.2.2. Courtyards. The minimum dimensions of an inner courtyard shall not be less than twice the height of the highest surrounding wall. However, in no case shall an inner courtyard have a dimension of less than 30 feet. (The height of walls surrounding an inner courtyard shall be measured from finished grade at the base thereof, to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of the said wall [and] the highest point of the roof.) The minimum dimension of an outer courtyard shall be 20 feet and its depth shall not exceed its width.

5.2.3. Commercial design standards. The following additional site development plan review standards shall apply to nonresidential land developments and buildings within DS designated shopping center, CS central shopping, OB office building and IP industrial park districts (see also article IX, X, XI and XII hereof):

5.2.3.1. Building design and location. Building design and location shall be suitable for the use intended and compatible with natural and man-made surroundings. New buildings, for example, shall preferably be placed along the edges and not in the center of large open spaces, except in the case of large scale developments in the IP district or when the planning board as part of its site plan approval determines such location is not appropriate given the general surroundings of the neighborhood. Buildings should also be sited so as to not protrude above treetops or the crestlines of hills seen from public places and busy highways. Building color, materials and design shall be adapted to surroundings.

5.2.3.2. Large commercial buildings. Commercial facades of more than 75 feet in length shall incorporate recesses and projections, such as windows, awnings and arcades, must collectively equal 20 percent of the facade length. Variations in roof lines shall, wherever possible, be added to reduce the scale of these structures and add interest. All facades of such a building that are visible from adjoining streets or properties shall exhibit features comparable in character to the front so as to better integrate with the community. Where such facades face adjacent residential uses, earthen berms planted with evergreen trees shall, wherever necessary to achieve effective buffering, be provided. Loading docks and accessory facilities shall be incorporated into the building design and screened with materials comparable in quality to the principal structure. Sidewalks of no less than five feet in width with a landscaped lawn area of five feet in width between the sidewalk and building shall be provided along the full length of any facade offering a customer entrance and integrated into a system of internal landscape defined pedestrian walkways breaking up all parking areas. Exceptions to these requirements may be granted by the planning board for warehouse and manufacturing uses. Individual retail commercial structures, not including office, warehouse and manufacturing uses in the IP district, but specifically including membership clubs and any wholesale establishments selling goods directly to the general public, shall be limited to a maximum of 60,000 square feet of gross floor area. Drive-through service at commercial facilities, excepting banks, is prohibited in the ADD overlay district.

5.2.3.3. Lighting and signage. All improvements made to the site shall not detract from the character of the neighborhood by producing excessive lighting or excessive sign proliferation. Recessed or period lighting and landscaped ground signs shall be used. (See also articles VII and IX.)

5.2.3.4. Parking and accessory buildings. Parking areas shall be situated in the rear and provide for connections with adjoining developed or undeveloped lots, where deemed appropriate by the planning board. If placement of parking areas in the rear is not possible, parking lots shall, wherever possible, be located to the side with screening from the street.

All parking areas designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control. No more than 12 parking spaces shall be allowed in a continuous row uninterrupted by landscaping. Raised planting beds shall be located at intervals of 12 spaces and at the end of each row. Such beds shall be a minimum of five feet in width and each planted with at least one shade tree of three-inch caliper. The remainder of the bed shall be surfaced with flowers, grass, groundcover, low maintenance shrubs and/or mulches (no crushed stone or chips). Planting beds meeting these standards, with at least one shade tree of three-inch caliper for every 20 lineal feet of bed, shall also be required along the perimeter of all parking areas and between parking areas and buildings.

No parking areas shall be designed such that a vehicle might directly back out onto a public highway or through road on the site. Traffic flows through a parking area shall be minimized and limited to connections from one lot to another and to the public highway or through road. All parking spaces associated with commercial uses shall be located not more than 300 feet distant from the nearest entrance to the inside of the structure wherein the enterprise is situated, except in the IP district.

Accessory buildings shall, wherever possible, also be located in the rear with access from rear alleys.

5.2.3.5. Drainage systems. Storm drainage, flooding and erosion and sedimentation controls shall be employed to prevent injury to persons, water damage to property and siltation to streams and other water bodies. See also section 10.1.1.5.

5.2.3.6. Landscape preservation. Trees, shrubs and other landscaping shall be used to buffer or soften a use in terms of visual or other impacts on adjoining property owners. Existing landscape features such as stone walls, hedgerows, tree borders and individual large trees shall be retained for this purpose and removal shall be limited to the area of building or driveway construction unless additional sight-distance is required. (See also section 5.3.5.8 hereof.)

5.2.3.7. Driveway and road construction. Existing roads onto or across properties shall be retained and/or improved instead of building new, so as to maximize the use of present features such as stone walls and tree borders and avoid unnecessary destruction of landscape and tree canopy. Developers building new driveways or roads through wooded areas shall reduce removal of tree canopy by restricting clearing and pavement width to the minimum required for safely accommodating anticipated traffic flows.

5.2.3.8. Construction on slopes. The crossing of steep slopes with roads and driveways shall be minimized and building which does take place on slopes shall, wherever possible, be multi-storied with entrances at different levels as opposed to regrading the site flat.

5.2.3.9. Tree borders. New driveways onto principal thoroughfares shall be minimized for both traffic safety and aesthetic purposes. Interior access drives that preserve tree borders along highways shall be used as an alternative.

5.2.3.10. Development at intersections. Buildings proposed at prominent intersections shall be reserved for equally prominent buildings or features which will appropriately terminate the street vistas. New buildings shall generally conform to existing or historical buildings substantially contiguous to the site with respect to scale, roof line and design. All street corners shall be defined with buildings, trees or sidewalks.

5.2.3.11. Streets and sidewalks. Roads and drives that connect to existing streets on both ends shall be used wherever possible, as opposed to cul-de-sac and dead-end streets, unless required for traffic safety. Sidewalks shall also be provided in connection with new commercial development adjacent to residential areas.

5.2.3.12. Setbacks. Notwithstanding specific front yard requirements, new buildings on a street shall conform to the dominant existing or historic, as appropriate, setback line and be aligned parallel to the street so as to create a defined edge to the public space.

5.2.3.13. Environmental review and traffic study requirements. An applicant for site plan/conditional use, shall be required to complete a full environmental assessment form pursuant to the state environmental quality review act and a traffic study that assesses impacts on levels of service for adjoining streets and intersections, including projections ten years forward. The planning board may waive these requirements for minor projects.

5.3.3.14. Demolition of existing buildings. In order to provide for safe conditions and insure reasonable future use of lands, demolition of existing buildings shall be subject to site plan review and approval by the planning board. In reviewing applications for demolition the board shall consider the architectural character of the subject building(s), determine the appropriateness of preservation and approve, disapprove or approve with modifications the application for demolition. Reference 15.2.3 of the ADD regulations, requiring retention of landmarks, buildings that are identified as historic resources and properties which contribute to the character of the ADD. Applications for demolition must be accompanied by photographic documentation. The sole exception to this subparagraph shall be the demolition of an unsafe or unstable building as determined in writing by the village building inspector.

(L.L. No. 5-2001, § 2, 12-17-01)

5.3.1. Landscape plan. The planning board shall, to assure an acceptable buffer between adjacent residential and nonresidential uses and create a healthy, safe and aesthetically pleasing environment in the village, require a landscape plan be prepared as part of any site plan/conditional use application. Such a plan shall also be required whenever any non-residential use is proposed in any district so as to buffer parking areas and buildings from the street, each other and other uses. Where it is determined that a proposed use would not, because of its size or nature, have a significant impact on the natural environment, adjoining landowners or the view from a public street, these requirements may be appropriately modified and provide exceptions for small or minor uses.

5.3.2. Plan requirements. Where an applicant proposes removal of mature trees as part of site plan and the planning board determines that the proposed plan includes a large number of such trees or the removal of significant such trees, at the discretion of the planning board may require that the landscape plan shall specify locations of all mature shade trees or other species of six-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors, and textures will be blended with the natural and man made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Clearing limits, specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall, too, be provided as part of the plan.

5.3.3. Registered landscape architect. Landscape plans shall be prepared by a NYS licensed landscape architect or other design professional qualified to perform such services and include consideration of all man-made and natural features, including signs.

5.3.4. Plan review assistance. The planning board, in reviewing a landscape plan, may employ the assistance of a registered landscape architect or other design professionals in accordance with the village's established review and professional escrow procedures. The planning board shall also specifically consider the following before approving, approving with modifications or disapproving the site plan/conditional use:

5.3.4.1. The plan should promote attractive development, preserve existing vegetation to the maximum extent possible and complement the character of the surrounding area.

5.3.4.2. The plan should use landscaping to delineate or define vehicular and pedestrian ways and open space.

5.3.4.3. The plant material selected should be of complementary character to buildings, structures and native plant species and be of sufficient size and quality to accomplish its intended purposes.

5.3.4.4. The plan should effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment.

5.3.4.5. The plan should be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to zone 5.

5.3.5. Minimum specifications. All new landscaping required shall meet the following specifications:

5.3.5.1. The minimum branching height for all shade trees shall be six feet.

5.3.5.2. Shade trees shall have a minimum caliper of three inches (measured four feet above grade) and be at least 12 feet in height when planted.

5.3.5.3. Evergreen trees shall be a minimum of six feet in height when planted.

5.3.5.4. Shrubs shall be a minimum of 24 inches in height when planted. Hedges shall be designed and planted in order to form a continuous visual screen within two years after planting.

5.3.5.5. For buildings over 2,500 square feet in size, a landscaped buffer screen at least 25 feet in width along any residential lot line lacking an existing natural buffer of mature trees in the same width shall be provided. It shall include, at a minimum, an opaque fence six feet in height and one evergreen tree for every 15 linear feet of property line, or, in the alternative, an earthen berm with plantings to achieve an equal level of screening. Chain link fences are prohibited as screening measures. Additional rows of evergreens meeting these standards and off-set such that each row serves to place trees between the gaps of the other, shall be permitted as a substitute for the stockade fence or may also be required by the planning board to achieve effective screening. This bufferyard shall be increased by ten feet for each 10,000 square feet of gross building area above the initial 10,000 square feet of gross building area.

5.3.5.6. A landscape strip at least 25 feet in width, that includes at least one deciduous tree for every 25 linear feet of perimeter lot line shall be required for any nonresidential use lacking an existing natural buffer of mature trees in the same width. Such deciduous trees shall also be accompanied by smaller shrubs and ground cover as may be required to effectively separate and buffer the activity from the highway but still allow for visibility of the use.

5.3.5.7. All lot area (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other suitable vegetation.

5.3.5.8. No tree over six inches in caliper at four feet above the ground within 25 feet of the front lot line shall be removed without prior written approval of the planning board. The preservation of mature shade trees shall be required except:

a)

Within 25 feet of any approved principal structure,

b)

Within ten feet of a driveway or the edge of any required pavement,

c)

Within ten feet of an approved sewage or stormwater control improvement,

d)

Where the trees are dead, diseased, heavily damaged or dangerous to public safety.

5.3.5.9. Where natural buffers of mature trees are relied upon to screen adjoining properties and meet the requirements of this section, the planning board may require and specify interplantings of additional plant material to ensure the purpose of the buffer is achieved.

5.3.5.10. Trees shall not be deliberately planted in locations where they would directly and substantially shade and block the view from a neighboring residential property owner's window, an existing electronic reception or an existing solar energy device.

5.3.6. Performance guarantee. A performance guarantee in a form acceptable to the village attorney in the amount of 125 percent of the cost of materials and installation may be required to assure that all landscaping survives in a healthy condition two full years and all landscaping shall be properly maintained throughout the life of any use on the lot. The planning board, in consultation with its own design professionals and the code enforcement officer, shall determine the amount of the guarantee and consider financial impacts of this requirement on the project. The code enforcement officer shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunted or infested plant materials.

5.3.7. Completion prior to certificate of occupancy. All required improvements of the landscaping regulations shall be fully met prior to the code enforcement officer issuing a certificate of occupancy for a new building or use subject to these regulations, unless such improvements have been bonded. Improvements that have not been completed at the time of application for a certificate of occupancy may be bonded in accordance with prevailing village bonding procedures and requirements.

5.3.8. Clearing limitation. Whenever any owner or occupant of any property in the village shall clear, excavate or grade land in advance of expanding an existing use or establishing a new use, (except for construction of a driveway onto a property) such owner or occupant shall first comply with the requirements of this zoning ordinance and obtain a site plan approval.

(L.L. No. 3-1996, §§ 2.1, 2.2, 3-11-96; L.L. No. 5-2001, § 2, 12-17-01)

5.4.1. In nonresidential districts, fences of no more than eight feet may be permitted, provided such fences do not obstruct motorist visibility in any way.

5.4.2. In residential districts, fences of no more than six feet in height shall be permitted in side and rear yards, provided such fences do not encroach into required front yards or obstruct motorist visibility in any way. Within front yards, fences of no more than four feet in height shall be permitted, provided such fences do not obstruct visibility in any way.

5.5.1. Direct access from any individual lot to a state, county, or limited access highway is prohibited.

5.5.2. In conjunction with a site development plan, and where conditions warrant, the planning board may permit direct access to a collector street as defined by the subdivision regulations. No road or street in section 5.5.1 above shall be considered a collector street for the purposes of these regulations.

5.6.1. Purpose and intent.

The purpose and intent of this law is to establish predictable and balanced regulations for the siting and screening of personal wireless services antennas, towers and accessory structures in order to accommodate the growth of such systems within the village while protecting the public health, safety and welfare against any adverse and negative impacts on aesthetic and financial resources, avoiding potential damages to adjacent properties from tower failure through structural standards and setback requirements, and to reduce the number of towers needed to serve the community by maximizing the use of existing towers and buildings.

5.6.2. Definitions.

Accessory structures. Accessory buildings and structures, including base stations designed and used to shelter equipment and/or to support PWS. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage, or broadcast studios.

Antenna. A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as panels and microwave dishes and omnidirectional antennas, such as whip antennas.

Personal wireless services (PWS). Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by section 704 of the Federal Telecommunications Act.

Tower. Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables wires, braces, and masts, built for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

5.6.3. Planning board review authority.

(1)

No antenna or tower shall hereafter be used, erected, changed or altered except after obtaining a conditional use permit and site plan approval in conformity with this law from the village planning board.

(2)

The village planning board is hereby authorized to review and approve, approve with modifications or disapprove conditional use permits and site plans pursuant to this law. The planning board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower, or accessory structures.

5.6.4. Co-location requirements.

All towers erected, constructed, or located within the village shall comply with the following requirements and shall be located only within the industrial park (IP) zoning district of the village:

(1)

A proposal for a tower shall not be approved unless the planning board finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the IP district due to one or more of the following reasons:

a.

The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.

b.

The antenna would cause interference materially impacting upon the usability of other existing or planned antenna at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.

c.

Existing or approved towers and buildings within the IP zoning district cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional engineer.

d.

Other foreseen reasons that make it unfeasible to locate the antenna upon an existing or approved tower or building.

(2)

Any proposed tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for a least one additional user if the tower is over 60 feet in height. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept and accommodate antennas mounted at varying heights.

The applicant shall submit to the planning board a letter of intent committing the applicant, and, its successors or assigns in interest, to negotiate in good faith for shared use of the proposed tower by other PWS providers in the future. The issuance of a permit (assuming the tower is approved according to this section), shall obligate the new owner and, its successors or assigns in interest to:

a.

Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.

b.

Negotiate in good faith concerning future requests for shared use of the new tower, by other PWS providers.

c.

Allow shared use of the new tower if another PWS provider agrees in writing to pay reasonable charges.

d.

Make no more than a reasonable charge for shared use, based upon generally accepted accounting principles. The charge may include but is not limited to a share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

(3)

In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the planning board shall require that:

a.

An applicant who proposes a new tower shall notify in writing, by certified mail return receipt requested, the legislative body of each municipality that borders the village and the county planning department. Notification shall include the exact location of the proposed tower, and a general description of the project including, but not limited to the height of the tower and its capacity for future shared use.

b)

Proof of this written notification shall be submitted to the planning board at the time of application.

5.6.5. Performance standards; general conditions.

(1)

Proof of non-interference from antenna. Each application for installation of an antenna shall include either a preliminary or a certified statement that the installation of the antenna, including reception and transmission functions, shall not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event only a preliminary statement is submitted with the application, a final certified statement of non-interference shall be provided and approved by the planning board prior to the granting of a conditional use permit and site plan approval. The statement of non-interference shall be prepared by a professional engineer and certified as to accuracy by the professional engineer.

(2)

Antenna safety. Antennas shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC standards on a yearly basis to the planning board. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the planning board. All costs of verification of compliance shall be borne by the owner and operator of the tower.

(3)

Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration (F.A.A.) or any other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate athletic fields, parking lots, or similar type areas may be affixed to the tower.

(4)

Signs and advertising on towers. The use of any portion of a tower for signs, other than warning or equipment information signs shall be prohibited. The use of any portion of a tower for banners and advertising shall also be prohibited.

(5)

Tower height limitations. Maximum height of a tower is limited to 150 feet above the ground upon which the antenna is placed. The planning board, in its discretion, shall allow towers up to 199 feet in height if the applicant can demonstrate that based upon the possibilities for co-location, the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized.

6)

Tower building requirements.

a.

The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole configuration. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.

b.

The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no larger than the base.

c)

Minimum spacing between tower locations shall be one-quarter mile.

(7)

Access to towers. A road and parking shall be provided to assure adequate emergency and service access. Any road servicing the tower, shall be at least 15 feet in width and of a sufficient base and surface to support emergency vehicles. Maximum uses of existing roads, public or private, shall be made.

(8)

Setbacks for towers and accessory structures. Towers and all accessory structures shall conform with each of the following minimum setback requirements:

a.

The minimum setbacks of the IP zoning district shall be met.

b.

Towers and accessory structures shall be setback from the public rights-of-way, streets and highways as shown on the most recently adopted plan or map of the village showing such rights-of-way, streets and highways by a minimum distance equal to one-half of the height of the tower including all antennas and attachments.

c.

A tower's setback may be reduced in the sole discretion of the planning board to allow the integration of a tower into an existing or proposed structures which otherwise meet the requirements of the village's zoning law.

(9)

Screening and security of towers and accessory structures.

a.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

b.

The area surrounding the base of the tower and any accessory structures shall be landscaped. The applicant shall be required to maintain the landscaping as approved by the planning board in perpetuity.

c.

Towers and accessory structures shall be provided with security fencing approved by the planning board, to prevent unauthorized entry.

10)

Design of antennas, towers, and accessory structures. Towers and antennas shall be designed to blend into the surrounding environment through use of stealth technology and the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the F.A.A. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure, provided however, that directional or panel antenna and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures and security fencing shall be designed to be architecturally and aesthetically compatible with principal structures on the site.

5.6.6. Compliance with other laws.

The operator of every PWS antenna shall submit to the building inspector of the village, 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.

5.6.7. Assignment of permit.

Every permit granting conditional use approval of an antenna or tower shall state that any assignment or transfer of the permit or any rights thereunder may be made only with the consent and approval of the board of trustees of the village.

5.6.8. Review.

The conditional use permit shall be subject to annual review by the planning board, to determine whether the technology in the provision of PWS has changed such that the necessity for the conditional use permit at the time of its approval has been eliminated or modified, and/or whether the permit should be modified or terminated as a result of any such change.

5.6.9. Fees.

(1)

The applicant/owner shall pay all fees incurred by the planning board in reviewing the application and any extension or modification thereof and the fees of any professionals retained by the planning board in connection with the application or renewal. The planning board shall establish an escrow at time of application to insure payment of all fees, which escrow account shall be replenished to provide sufficient funds to accommodate future costs.

(2)

The applicant/owner shall pay to the Village of Goshen a yearly payment of $10,000.00. The initial payment shall be due on the granting of the conditional use permit and site plan approval and on each anniversary date thereof. This permit fee may be modified, increased or reduced by the village board after a public hearing.

5.6.10. Abandoned or unused towers.

Abandoned or unused towers or portions of towers shall be removed as follows:

(1)

All abandoned or unused towers and associated facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the planning board. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the village and the costs of removal assessed against the real property and collected from the next year's taxes. The village board may require the posting of a cash bond or other form of security to cover the cost of demolition of unused towers.

(2)

Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed shall require the issuance of a new conditional use permit and new site plan approval from the planning board.

5.6.11. Effect of law on existing towers and antennas.

Antennas and towers in existence, on the effective date of this local law, which do not conform to or comply with this local law are subject to the following provisions:

(1)

Antennas and towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this law.

(2)

If such antennas or towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the antenna or tower may be repaired and restored to its former use, location, and physical dimensions without complying with this law, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this law.

5.6.12. Procedural requirements.

The planning board shall conduct a public hearing within 60 days from the day a complete application is received. The planning board shall issue a decision within 62 days after the close of the public hearing. Any denial by the planning board of a permit and/or site plan approval under this law shall be in writing and supported by substantial evidence.

5.6.13. State environmental quality review act.

The applicant for a conditional use permit and site plan approval under this local law or any renewal, extension or modification thereof, shall in addition to fulfilling the requirements imposed herein shall also comply in all respects with the provisions of the State Environmental Quality Review Act as currently exists or as same may be amended from time to time and any permit application submitted pursuant to this local law shall be subject to the requirements of the State Environmental Quality Review Act.

(L.L. No. 5-1998, §§ II—XIII, 9-14-98)

5.7.1. Development coverage shall not exceed that permitted for residential uses in the respective district.

5.7.2. In reviewing all applications for a place of worship consideration shall be given to scale and architecture of adjoining uses.

5.7.3. Parking areas shall not be closer to adjoining properties than the required building setbacks for adjoining uses. Further, where a place of worship adjoins a residence, screening, acceptable to the planning board, shall be provided.

(L.L. No. 6-2012, § 4.1, 9-10-12)

Pursuant to the applicable provisions of the New York State Village Law, as may be amended from time to time, the fee in lieu of parkland which may be imposed as provided by law is established by the village board of trustees in the amount of $3,500.00 for each new residential unit approved by the planning board. Future amendments to the fee in lieu of parkland may be implemented by resolution of the village board and the amount of such fee shall be set forth in the village fee schedule.

(L.L. No. 1-2021, § 3, 4-26-21)