Greenville City Zoning Code
ARTICLE XIII
Special Use Permits
§ 205-66 Definition.
As used in this article, the term "special use permit" shall mean an authorization of a particular land use which is permitted by this chapter, subject to the requirements of this chapter to assure that the proposed use is in harmony with the chapter and will not adversely affect the neighborhood if such requirements are met.
§ 205-67 Approval after application; objectives.
On application and after public notice and hearing, the Planning Board may authorize the issuance of special use permits for any of the uses subject to authorization and approval of the Planning Board, for which this chapter requires, in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
A.
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
B.
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
C.
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(1)
The location, size and character of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residential district or conflict with the normal traffic of the neighborhood.
(2)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(3)
The location, size and character of the proposed use will not unreasonably and adversely affect the enjoyment or value of the adjacent residential properties.
§ 205-68 Conditions; enforcement thereof.
Upon the granting of any special use permit with conditions or restrictions, the Building Inspector shall ensure that no permit be issued without assurance that such conditions and/or restrictions have been met or implemented.
§ 205-69 Application for area variance.
Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.
§ 205-70 Public hearing and decision.
The Planning Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section.
A.
Each application for a special use permit shall be accompanied by a proposed site plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives and parking areas, and all streets within 200 feet of the lot.
B.
Notice of the public hearing shall be printed in the official newspaper of the Town at least five days prior to the date thereof. In addition to such published notice, the Planning Board shall cause notice to be given of the substance of every application for a special use permit, together with notice of the hearing thereon, by causing notice thereof to be mailed by certified mail, return receipt requested, or other means at least 10 days before the date of said hearing, to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such application) and all other owners within 300 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application, as the names of said owners appear on the last completed assessment roll of the Town. It shall be the applicant's responsibility to issue any or all of the notices required, and proof of the mailing of such notice, in accordance with this section, must be filed by the applicant with the Planning Board. Provided that due notice has been published as above-provided and that there shall have been substantial compliance with the remaining provisions of this subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Planning Board in connection with the application for a special use permit.
C.
If the proposed special use permit involves any of the areas specified in § 239-m of the General Municipal Law, then the Planning Board, at least 10 days before the public hearing, shall mail notices thereof to the applicant and to the Orange County Planning Department as required by §§ 239-l and 239-m of the General Municipal Law.
D.
In considering any application for a special use permit, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
E.
The Planning Board shall decide the special use permit application within 62 days after the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board must be filed in the office of the Town Clerk within five business days after the decision is rendered, and a copy thereof must be mailed to the applicant.
§ 205-71 Special uses to be deemed conforming.
The granting of any special use permit application shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
§ 205-72 Renewal.
The Planning Board may require that special use permits be periodically renewed. Such renewal shall be granted following public notice and a hearing and may be withheld only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 62 days shall be granted the applicant for full compliance prior to the revocation of the said permit.
§ 205-73 Termination of approval in absence of building permit.
Special use permit approval shall be void after a one-year period from date of approval unless a building permit has been issued.
§ 205-74 Telecommunications facilities siting.
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
All equipment, apparatus and devices used in the supplying of personal wireless telecommunications services.
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICES
Commercial mobile services, unlicensed wireless services, cellular or digital telephone services and other common carrier wireless exchange access services as defined by the Federal Telecommunications Act.
TELECOMMUNICATIONS ACCESSORY STRUCTURE
Accessory buildings and structures, including base stations, designed and used to shelter telecommunications equipment and/or to support personal wireless telecommunications services. This term does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
TELECOMMUNICATIONS ANTENNA
An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission, including but not limited to whip, panel and dish telecommunications antennas.
TELECOMMUNICATIONS TOWER
Any ground- or roof-mounted pole, spire, structure or combination thereof taller than 15 feet in height, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting an antenna or similar telecommunications apparatus above grade.
B.
Special permit requirement. No personal wireless telecommunications service facility, including but not limited to telecommunications antennas and towers, shall hereafter be erected, altered or modified except after obtaining a special use permit from the Planning Board in conformity with this section and with Article XI of this zoning law. All telecommunications antennas and towers existing on the effective date of this section shall be allowed to continue their usage as they presently exist. New construction on or modification of an existing telecommunications antenna or tower, other than routine maintenance, shall comply with the requirements of this section. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to the proposed telecommunications antenna, tower or facility.
C.
Permitted siting.
(1)
Personal wireless telecommunications service facilities, including but not limited to telecommunications antennas and towers, are prohibited in the Town of Greenville except at the following locations:
(a)
The existing communications tower located in the median of United States Interstate Route 84 approximately 2,500 feet west of the intersection of Route 84 and Mountain Road.
(b)
The existing tower owned and operated by Orange and Rockland Utilities located off Greenville Turnpike near Mud Pond.
(c)
Property owned by the Town of Greenville located off Route 6 with Tax Map designation Section 7, Block 1, Lot 27.1; provided, however, that no facilities, antennas or towers shall be located in this parcel on the southeast side of Route 6 nor within 1,500 feet from Route 6 on the northwest side of Route 6.
(d)
A corridor extending along United States Interstate Route 84 1,000 feet west of the Town of Wawayanda boundary line to one mile east of the intersection of Route 84 and Mountain Road, said corridor not to exceed a distance of 250 feet from each side of the Interstate Route 84 right-of-way.
(2)
No personal wireless telecommunications service facilities, including but not limited to telecommunications antennas and towers, shall be erected within a distance of 1,000 feet from any residential dwelling in the Town of Greenville.
(3)
All personal wireless telecommunications service facilities, including but not limited to telecommunications antennas and towers, shall comply with zoning setback regulations in the affected zoning district. Notwithstanding such setback regulations, all telecommunications antennas and towers shall be set back a distance at least equal to the height of such antenna or tower. Additional setbacks may be required by the Planning Board in order to provide for the public safety. A tower or antennas setback may be reduced in the discretion of the Planning Board to allow collocation upon an existing tower or other structure.
D.
Collocation requirements.
(1)
A proposal for a telecommunications tower shall not be approved unless the Planning Board finds that the antenna planned for the proposed tower cannot be accommodated on the presently existing tower located in the median of United States Interstate Route 84 approximately 2,500 feet west of the intersection of Route 84 and Mountain Road or at the presently existing tower owned and operated by Orange and Rockland Utilities located off Greenville Turnpike near Mud Pond or at an existing or approved telecommunications tower or structure due to one or more of the following reasons:
(a)
The antenna would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified professional engineer, and the existing or approved tower or structure cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(b)
The antenna would cause interference materially impacting the usability of other existing or planned antennas at the tower or structure, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved towers or structures within or outside the Town of Greenville cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.
(d)
Other foreseen reasons that make it infeasible to locate the antenna upon an existing or approved tower or structure.
(2)
Any proposed telecommunications tower shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying height.
(3)
The tower applicant shall submit to the Planning Board a letter of intent committing the applicant, and his/her/its successors in interest, to negotiate in good faith for shared use of the proposed tower by other providers of personal wireless telecommunications services in the future. Any special use permits issued under this section shall commit the new tower owner and his/her/its successors in interest to:
(a)
Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared use of the new tower by other providers of personal wireless telecommunications services.
(c)
Allow shared use of the new tower if another provider of personal wireless telecommunications services agrees in writing to pay reasonable charges.
(d)
Make no more than a reasonable charge for shared use based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(4)
In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Planning Board shall require that:
(a)
An applicant who proposes a new tower shall notify, in writing, the legislative body of each municipality (within and without New York State) that borders the Town of Greenville. Such notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.
(b)
Documentation of this notification shall be submitted to the Planning Board at the time of application.
E.
Content of applications. All applicants for a special use permit for the placement, construction or modification of a personal wireless telecommunications service facility, telecommunications antenna or telecommunications tower shall submit the following additional information to the Planning Board:
(1)
A visual environmental assessment form, landscaping plan and visual assessment report, including appropriate modelling and photography assessing the visibility from key viewpoints identified in the visual environmental assessment form, existing tree-lines and proposed elevations.
(2)
A preliminary report prepared by a licensed professional engineer describing:
(a)
Feasibility of collocation on existing structures and telecommunications facilities and towers within and without the Town of Greenville.
(b)
Applicant's full map and grid coverage in the Town of Greenville.
(c)
Surrounding topography and relation to line of sight transmission.
(d)
Available road access, electric power and land-based telephone lines and/or microwave link capability.
(e)
Required improvements for construction activities, including those within the public right-of-way or lands owned or controlled by the Town of Greenville.
(f)
Identity of location, ownership and usage of currently existing telecommunications facilities within the Town of Greenville and all municipalities bordering the Town of Greenville (inside and outside New York State).
(g)
Plans for construction of telecommunications accessory equipment, buildings or structures.
(h)
Proposed mitigation measures for any identified visual impacts.
(i)
Proposed safety measures.
(j)
Compatibility with existing telecommunications networks, New York State Thruway Authority telecommunications network and public safety and emergency networks, such as fire, ambulance, police and 911.
(3)
Applicants for telecommunications towers shall provide the following additional information:
(a)
Tower height and design, including a cross section of the structure.
(b)
The tower's compliance with applicable structural standards.
(c)
The tower's capacity, including the number and type of telecommunications antennas it can accommodate and the basis of calculation of capacity.
(4)
Applicants who wish to mount a telecommunications antenna on an existing structure shall provide the following additional information:
(a)
The existing structure's suitability to accept the proposed antenna.
(b)
The proposed method of affixing the new antenna to the structure.
(c)
Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.
(5)
Demonstration of need for the proposed personal wireless telecommunications service facility, telecommunications antenna or telecommunications tower showing the impracticality of upgrading or expanding an existing site.
(6)
Demonstration that the proposed site is the most appropriate site within the immediate area for the location of the proposed personal wireless telecommunications service facility, telecommunications antenna or telecommunications tower.
(7)
An inventory of existing telecommunications facilities within the Town of Greenville and all bordering municipalities (inside and outside New York State) outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed telecommunications tower or telecommunications antenna cannot be accommodated on an existing approved telecommunications tower, structure or facility.
(8)
A description of the applicant's long-range plans which project market demand and long-range facility expansion needs within the Town of Greenville.
(9)
Proof of certified mail announcements to all other telecommunications providers in the Town of Greenville and all bordering municipalities (inside and outside New York State) declaring the applicant's sharing capabilities and/or siting needs.
(10)
A map showing the location of the premises for which the special use permit is sought and site plan showing all features of the proposed facility necessary for providing road access, electrical service, land-based telephone line connection and/or microwave link capability within the property boundaries of the proposed location.
(11)
Such other information as may be required by the Planning Board or Town Engineer.
(12)
The application must be accompanied by the fee prescribed in Article II of Chapter A212, Fees, of the Code of the Town of Greenville, together with any fees determined by the Planning Board to be reasonable and necessary for adequate review of the application by the Town Engineer.
F.
Performance standards governing issuance of special use permits.
(1)
Minimal visual impact. All telecommunications towers and telecommunications antennas shall be sited to have the least possible practical visual effect on the environment.
(2)
Proof of noninterference from antenna. No application for a telecommunications antenna shall be approved by the Planning Board unless the applicant provides a statement, certified by a qualified licensed engineer and approved by the Town Engineer, that the installation of the proposed antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications.
(3)
Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the Federal Communications Commission's and Federal Aviation Administration's standards on a yearly basis to the Planning Board. If new, more restrictive standards are adopted by any appropriate federal or state agency, the antennas shall be made to comply with such standards or continued operations may be restricted by the Planning Board which shall retain continuing jurisdiction to oversee such compliance. The cost of verification of compliance shall be borne by the owner and operator of the antenna or tower.
(4)
Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower in the discretion of the Planning Board.
(5)
Signs and advertisements on towers. The use of any portion of a telecommunications tower for signs or advertisements other than warning or equipment information signs is prohibited.
(6)
Tower height limitations. The height of telecommunications towers should be limited to the minimum required to provide the proposed telecommunications services. The maximum allowable height of a tower is limited to 150 feet above the ground upon which the antenna is placed. The Planning Board, in its discretion, may allow towers up to 200 feet high if the applicant can demonstrate, based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized. The height limitation may also be waived by the Planning Board when the antenna is mounted on an existing structure or to accommodate collocation.
(7)
Tower building requirements.
(a)
The use of guyed towers is prohibited.
(b)
Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize a monopole configuration. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited. The requirements of this subsection may be waived by the Planning Board, but only for good cause shown.
(c)
The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no longer than the base. The requirement of this subsection may be waived by the Planning Board, but only for good cause shown.
(8)
Access to towers. A road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public and private, shall be made.
(9)
Design of antennas, towers and accessory structures.
(a)
Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with and that blend with the natural features, buildings and structures surrounding such antenna and structure. Accessory structures shall be designed to be architecturally compatible with principal structures on the site.
(b)
The Planning Board may require that telecommunications towers and antennas be of a galvanizing finish, or painted gray above the surrounding tree-line and gray or green below the tree-line. The Planning Board may require the mountings of antennas to be non-reflective and of the appropriate color to blend with their background.
(10)
Screening. The Planning Board may require vegetative and architectural screening of all personal wireless telecommunications service facilities, telecommunications antennas and telecommunications towers. Existing on-site vegetation should be preserved to the maximum extent possible. The Planning Board may require the planting of rows of evergreen or other trees to screen towers and antennas. The Planning Board may also require the use of creative design methods involving the use of walls, fences, earth berms, underground construction and other barriers for screening purposes.
(11)
Security provisions. All personal wireless telecommunications service facilities shall be provided with security measures, such as fencing, anticlimbing devices, electronic monitoring and other methods sufficient to prevent unauthorized entry and vandalism.
(12)
Safe zone. Telecommunications towers shall be designed so that, in the event of failure, they will fall within the setback area of the site and/or away from adjacent residential properties.
(13)
Annual inspection and report. Telecommunications towers over 100 feet in height shall be inspected annually by a licensed professional engineer, and a copy of the inspection report submitted to the Town of Greenville Building Inspector.
(14)
Post-installation field report. A post-installation field report identifying the personal wireless telecommunications service facility's coverage area, the telecommunications tower's maximum capacity, committed capacity and unused capacity, if any, and collocated users of the telecommunications tower shall be submitted within 60 days of installation to the Town of Greenville Building Inspector.
(15)
Compliance with other laws. The operator of every telecommunications antenna shall submit to the Town Building Inspector copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
(16)
Assignment of special use permit. No special use permit issued under this section shall be assigned or transferred without the approval of the Planning Board upon application thereto.
(17)
Review.
(a)
Each special use permit issued under this section shall be subject to review by the Planning Board at five-year intervals to determine whether the technology in the provision of personal wireless telecommunications service facilities has changed such that the permit should be modified to require the permit holder to use the best available means or technology to mitigate visual and aesthetic impacts within the Town of Greenville. The Planning Board shall have the authority to so modify or terminate any special use permit issued under this section if advanced technology warrants such action.
(b)
It shall be the duty of the Town Building Inspector to enforce the requirements of this section. In the event that the Building Inspector determines that a violation has occurred or is occurring, the Inspector must report same to the Chairperson of the Planning Board. Upon notice to the permit bolder with the opportunity for a hearing, the Planning Board may, for good cause shown, modify or revoke the permit.
(18)
Abandoned or unused facilities. All personal wireless telecommunications service facilities, including but not limited to towers, antennas and accessory structures, shall be dismantled and removed from the site within one year of the cessation of their operation, unless an extension is approved by the Planning Board. In the event that any such facility, tower or antenna is not so removed, the Town of Greenville may remove same with the cost assessed against the owner. All special use permits issued under this section shall require the applicant to post a bond or other suitable undertaking to guarantee payment for removal of abandoned or unused facilities.
(19)
Nonconforming uses. All telecommunications antennas and towers in existence which do not conform to or comply with this section are subject to the following provisions:
(a)
Antennas and towers may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this section.
(b)
If such antennas or towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the antenna or tower may be repaired and restored to its former use, location and physical dimensions without complying with this section; provided however, that if the cost of repairing the tower to the former, use, physical dimensions and location would be 10% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this section.