Highland Falls City Zoning Code
ARTICLE VI
Special Exception Uses
§ 240-26 Delegation of authority.
The Planning Board is hereby authorized to act on proposed special exception uses which are specifically provided for in this chapter. Such action may include approval, conditional approval or disapproval based on the standards set forth in this article.
§ 240-27 General procedure and conditions.
A.
The Planning Board shall adopt and file in the Municipal Clerk's office such rules of procedure as it may deem necessary to the proper exercise of its responsibilities with respect to special exception uses.
B.
Prior to taking action on any special exception use, the Planning Board shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals in Article XI. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
C.
All matters which are the subject of a mandatory referral or notice to other agencies, as set forth in the Enabling Statutes and in Section 239 l and m, Article 12-B of the General Municipal Law, shall be transmitted to the appropriate agencies by the Secretary of the Planning Board in accordance with provisions of those sections.
D.
The Secretary of the Planning Board shall keep minutes of the Board's proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Secretary shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Planning Board and shall be a public record. Each decision of the Planning Board with respect to the approval of a special exception use shall be so stated and documented as to provide a definitive authorization to the Building Inspector for issuing a building permit or certificate of occupancy.
E.
A site plan for any proposed special exception use in any district where authorized shall be submitted to the Planning Board for approval prior to authorization by the Planning Board for the issuance of a building permit.
F.
Time limit. Approval of a special exception use permit shall be valid for one year from the date the Planning Board decision is filed in the office of the Town Clerk, after which time the approval shall be null and void unless a building permit has been issued. If there is not substantial change in the condition of the site, or its environs or the zoning requirements, the special exception use permit approval may be extended by the Planning Board for one additional year upon submission of a written request of the applicant submitted prior to the expiration of the initial one-year period. If no building permit has been issued within that period or any extended period, a new application must be submitted to the Planning Board for a special exception use permit approval.
[Amended 2-4-2019 by L.L. No. 1-2019]
G.
A special exception use for which a building permit is authorized by the Planning Board pursuant to the provisions of this article shall be construed to be a conforming use.
§ 240-28 General standards.
For every such special exception use, the Planning Board shall determine that:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 240-3.
B.
The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
C.
The proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
D.
The site is particularly suitable for the location of such use in the community.
E.
The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
F.
The proposed use, particularly in the case of a nonnuisance industry, conforms with the chapter definition of "special exception use."
G.
Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion; and, further, that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
H.
All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.
I.
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article VIII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
K.
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
§ 240-29 Special conditions and safeguards for certain special exception uses.
[Amended 11-1-1983 by L.L. No. 2-1983; 6-16-1987 by L.L. No. 4-1987; 6-14-1994 by L.L. No. 1-1994; 3-19-1996 by L.L. No. 1-1996; 9-15-2014 by L.L. No. 2-2014;[1] 2-16-2016 by L.L. No. 1-2016; 2-3-2020 by L.L. No. 1-2020; 8-3-2020 by L.L. No. 3-2020; 2-3-2025 by L.L. No. 1-2025[2]]
No authorization for a building permit shall be granted by the Planning Board for any use listed in this section unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 240-28, the proposed special exception use also meets the special conditions and safeguards required in this section:
B.
Automobile laundry.
(1)
The lot area shall be not less than 20,000 square feet and shall have a minimum frontage of 150 feet along a major street or highway.
(2)
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(3)
Storage area for vehicles waiting for service shall be provided on-site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.
(4)
An automobile laundry shall not provide other than washing, waxing, simonizing or similar treatment services.
(5)
Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.
D.
Eating establishment: drive-in, open-front or curb service.
(1)
Vehicular entrances and exits shall be controlled by curbing.
(2)
There shall be adequate off-street parking and loading space to serve the proposed use.
(3)
There shall be adequate provision for disposal of trash and refuse left on the premises.
(4)
There shall be either a suitable fence or landscape planting screen along side and rear lot lines.
E.
Filling station.
(1)
The lot area shall be not less than 20,000 square feet and shall have a minimum frontage along the principal street or highway of at least 150 feet.
(2)
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(3)
All pumps and lubricating and other devices shall be located at least 25 feet from any building, structure or street line.
(4)
Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
(5)
The area devoted to the outdoor storage of motor vehicles or parts thereof or to purposes of dismantling shall be screened from view of persons on adjacent properties by enclosing such area within a solid fence eight feet high, or such area shall be located inside a building. Not more than five motor vehicles shall be stored outdoors overnight.
(6)
Outdoor storage of other than motor vehicles shall be prohibited at all times. Premises shall not be used for the sale, rental or display of automobiles, trailers, mobile homes, boats or other vehicles.
F.
Funeral home. The lot shall have a minimum frontage of 200 feet on a major street or highway.
G.
Hotel. There shall be at least 1,000 square feet of lot area per guest room.
H.
Marina, commercial.
(1)
Street access through a residential district and into the site shall be adequate for the indicated traffic and shall not permit trucking that might damage street improvements or deteriorate the residential character of the area.
(2)
Accessory service functions of the marina may include the provision of fuel and supplies, minor and emergency repairs for recreational boating and boat rentals. Boat storage shall only be permitted in an enclosed, permanent structure.
(3)
In addition to any other applicable off-street parking requirements, one off-street parking space shall be provided for each boat berth or mooring.
(4)
Because commercial marinas will be located on the bank of the Hudson River, particular attention shall be given to the compatibility of the appearance of the proposed facility with the natural scenery. There shall be only one sign visible from the river, and that shall be limited to an area and lighting intensity sufficient to provide basic identification of the marina's location to passing boats. A second sign not exceeding six square feet in area may be placed at the land entrance to the marina site. Intermittent or flashing lights and moving or animated signs are prohibited.
H.1.
Mixed-use development.
(1)
Architectural review. The building design should incorporate an architectural style that is compatible with nearby uses. Architectural details may draw upon locally historic buildings or other nearby features that contribute to the aesthetic ambience of the Village. The Planning Board is authorized to consider facade and architectural features during its review, and may engage an architect licensed to practice in the state of New York to facilitate said review.
(2)
Building facade. The building should be placed to enforce a continuous street edge establishing a strong pedestrian corridor while avoiding long, unarticulated building facades and should employ, where practical, variable setbacks.
(3)
Architectural features. Balconies, porticoes, signs and architectural features shall be allowed to extend over Village sidewalks provided that no such feature shall be located at a height less than 20 feet above the sidewalk, shall provide for safe passage underneath said feature and shall extend no closer than five feet distance from electrical utility poles. Such features shall not encroach over any side or rear lot line except those lot lines that abut a Village sidewalk. This provision shall not be construed to permit any obstruction of any Village sidewalk.
(4)
Windows. Street-facing facades should be visually open to major streets and architecturally enhanced through the use of architectural features. A minimum of 60% of the first floor should be comprised of clear windows that allow views of indoor space. On all other floors, the maximum total wall plane without windows or entrances (on any facade) should not exceed 30%. The foregoing window standards are guidelines and the Planning Board may allow these standards to be exceeded, where it finds that doing so does not result in a diminishment of the architectural appearance of the building to the public right-of-way.
(5)
Landscaping. Landscaping between the building and the street is required for all new construction. Landscaping between the building and the street is encouraged to the greatest extent practicable where existing buildings are being renovated or repurposed for a use subject to this subsection. Transitional yards between a residential district and a mixed-use development shall be governed by § 240-39; provided, however, that the Planning Board, in its discretion, may vary the height and type of transitional screening provided therein.
(6)
Green elements. Building designs that incorporate green roofs, green walls, and other forms of living architecture are encouraged.
(7)
Lot coverage. Up to 100% of lot coverage shall be permitted only upon condition that acceptable snow and garbage storage areas and acceptable stormwater drainage are provided as determined by the Planning Board.
(8)
Rooftop amenities. Rooftop amenities shall be subject to reasonable conditions imposed by the Planning Board to limit noise and light emissions to the greatest extent practicable, including, but not limited to, dark sky lighting, limits on hours of operation, use of amplified sound and noise dampening technology.
(9)
Mechanicals. Mechanical equipment located on any other rooftop shall be placed to the greatest extent practicable so as not be visible from the street or neighboring properties. The Planning Board may require rooftop mechanical equipment to be screened.
(10)
Utilities. Electric, telephone, communication and other utilities shall be installed underground where feasible.
(11)
Parking garage. Below-grade parking structures are encouraged and permitted.
(12)
Parking waiver. Due to variations in parking demands and needs in mixed-use development projects, vehicle parking requirements and the design of parking areas, including ingress and egress, may be reduced or modified by the planning board as part of the special use/site plan review process. The Planning Board may reduce the number of off-street parking spaces required by up to but no greater than 25% where the applicant proves that additional parking is available in close proximity to the site.
(13)
Assigned parking. Parking for any dwelling units shall be assigned, secured and separated from public parking.
(14)
Home office. Home professional office use shall require a special permit issued to the owner of the dwelling unit or to the long-term residential tenant provided, however, that the tenant submit an owner affidavit of consent with the application to the planning board. Any change of profession office use shall require a new certificate of occupancy issued by the building inspector who may require resubmission to the Planning Board.
(15)
Application of Uniform Code and multifamily inspection. Multifamily residential use located above nonresidential use shall be subject to all applicable state and local building code and safety inspection requirements.
(16)
Efficiency dwelling units limited. No greater than 25% of dwelling units in mixed-use development projects shall be efficiency units.
J.
Mobile home court, licensed. The lot area shall be not less than five acres, and a proposed site development plan for the entire site, prepared by a licensed professional engineer, shall be submitted for approval. The initial development shall cover at least two acres, and subsequent additions shall be not less than one acre each. The site development plan shall reflect the following minimum standards and features:
(1)
A street system with paved roadways having a minimum width of 20 feet, and with curbs or gutters, giving access to all mobile home spaces; and at least two access drives to and from the public street.
(2)
Established mobile home spaces of not less than 2,000 square feet, with a minimum width of not less than 30 feet; provided, however, that the average area of all spaces shall be not less than 3,000 square feet and the average width of all spaces shall be not less than 40 feet.
(4)
All mobile homes and accessory structures shall be at least 30 feet apart.
(6)
On-site stormwater drainage system, including provisions for well-drained mobile home spaces, interior private streets and other public areas, as well as consideration for natural watercourses.
(7)
Sewage disposal and water supply systems approved by the New York State Department of Health.
(8)
A fire protection system in accordance with standards of the National Fire Protection Association recommendations, and as required and approved by local fire district officials.
(9)
A complete electrical system in conformance with Municipal Electrical Code provisions, including outdoor lighting along all interior streets, entrances and exits and in public open spaces, with at least one sixty-watt bulb for each 50 feet of street length, and an equivalent level of lighting over public open spaces.
(10)
Garbage and trash collection points so located that no mobile home is more than 150 feet from such a point, equipped with an adequate number of metal garbage cans with tight-fitting covers, and appropriately screened from view.
(11)
Centrally located public telephone, separate emergency sanitary facilities for men and for women and emergency public water supply.
(12)
The location of other desired community facilities.
(13)
An equipped recreation facility with an area equivalent to the proportion of one acre per 100 mobile home spaces in the court, but having an area of not less than 1/2 acre in any case.
(14)
A walkway system of paved or stabilized gravel all-weather paths along interior streets and leading to public open spaces.
(15)
All accessory structures in a mobile home court shall comply with the Building Code, this chapter and such other codes, ordinances and regulations as are applicable.
K.
Motel. There shall be at least 2,500 square feet of lot area for each first floor guest room and an additional 1,000 square feet of lot area for each guest room on other floors.
L.
Nursery school.
(1)
The lot area shall be not less than one acre.
(2)
There shall be not more than one pupil for every 1,500 square feet of lot area.
(3)
All buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.
(4)
Off-street parking areas shall be not less than 50 feet from any property line.
(5)
Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the district in which the lot is located.
(6)
Outdoor floodlighting or public-address systems are prohibited.
(7)
Only one sign, not larger than 12 square feet in area, shall be permitted.
(8)
Landscaping and fencing shall be provided as required by the Planning Board.
P.
Residential dwelling units.
(1)
Residential dwelling units may be in single-family, two-family or multiple-dwelling structures, provided that the total number of dwelling units shall not exceed 2.4 per gross acre in the R-1 and R-2 Districts, 5.7 per gross acre in the R-3 District, and 8.7 units per gross acre in the R-4 District, and further provided that the minimum yard provisions and, in the case of a multiple dwelling the minimum spacing between buildings, shall not be less than those required:
(3)
Residential dwelling units may be in single-family, two-family or multiple-dwelling structures, provided that the total number of dwelling units shall not exceed 2.4 per gross acre in the R-1 and R-2 Districts, 5.7 per gross acre in the R-3 District and 13 per gross acre in the R-4 District, and further provided that the minimum yard provisions and, in the case of a multiple dwelling, the minimum spacing between buildings shall not be less than those required:
(4)
Open space or common land resulting from the planned residential development design shall only be used for private or municipal recreation, including natural park land. Such land shall only be owned by a nonprofit corporation or shall be offered for dedication to the municipality or other public agency for the same uses, but in any case of a nonprofit corporation, a preestablished offer of dedication shall be filed with the municipality for acceptance if the nonprofit corporation were ever discontinued or failed to maintain the private recreation use or natural park land.
(5)
In an R-4 District and R-5 District, on sites of one acre or more in area new multiple-dwelling buildings may be permitted to have a maximum height of 35 feet, provided that it shall be determined that the resulting building:
(a)
Can be served adequately by the water distribution system and protected by the available fire-fighting equipment.
(b)
Has reasonable street access for the indicated number of dwelling units.
(c)
Is set back from all property lines at least 1/3 of the height of the building wall facing each property line.
(6)
The proposed planned residential development shall comply with all other applicable requirements of the municipality with respect to land development.
Q.
Office: business, professional or utility.
(1)
The lot shall have frontage on a major street or highway.
(2)
Access to off-street parking areas shall be so designed that traffic to the site will not be encouraged to travel through the minor street system.
(3)
Off-street parking areas shall be set back five feet from all property lines shared with adjacent lots in any residence district; further, a five-foot stockade-type fence or equivalent approved screening shall be located along such property lines.
R.
Multiple dwelling buildings.
(1)
Particular attention shall be given to the adequacy of access to the site and to the buildings and off-street parking areas.
(2)
The siting of the building and relating grading of the site shall not be such as to create hazardous conditions with respect to adjacent properties, or to cause increased stormwater runoff across such properties without a mutually agreed drainage system that is also satisfactory to the municipality.
(3)
The minimum floor area of each apartment shall be 900 square feet.
(4)
Maximum lot coverage by a building or buildings (exclusive of patios, driveways and parking areas) shall not exceed 35%.
(5)
Maximum density shall not exceed 8.7 dwelling units per acre.
(6)
Minimum horizontal distance between buildings shall be 20 feet or 2/3 the height of the higher building, whichever is greater.
(7)
Multiple dwelling unit buildings shall be offset every 40 feet of building length; provided, however, that the Planning Board may waive this requirement if the elevations of the units create sufficient visual distinction.
(8)
Common areas and proper maintenance thereof shall be required pursuant to conditions imposed by the Planning Board during the site plan approval process.
(9)
All multiple-dwelling unit development projects are subject to site plan review by the Planning Board.
S.
Townhouse development.
(1)
The following minimum lot and floor area standards shall apply to each dwelling unit (measured in feet or square feet):
Dimension | Minimum Permitted | |
|---|---|---|
Lot area (square feet) | 2,000 | |
Lot width (feet) | 20 | |
Lot depth (feet) | 100 | |
Front and rear yard, total (feet) | 65 | |
Rear yard (feet) | 20 | |
Side yard for end units (feet) | 10 | |
Side yard for end units abutting public street (feet) | 20 | |
Floor area (square feet) | 1,200 | |
First floor area (square feet) | 600 |
(2)
The following maximum standards shall apply to each building (measured in feet):
Dimension | Maximum Permitted (feet) | |
|---|---|---|
Length | 120 | |
Height | 35 |
(3)
Maximum lot coverage by a building or buildings (exclusive of porches, decks and accessory uses) shall not exceed 35%.
(4)
Maximum density shall not exceed 17.42 dwelling units per acre.
(5)
Minimum horizontal distance between buildings shall be 20 feet or 2/3 the height of the higher building, whichever is greater.
(6)
Dwelling units shall be offset every 40 feet of building length; provided, however, that the Planning Board may waive this requirement if the elevations of the units create sufficient visual distinction.
(7)
A minimum of two off-street parking spaces per unit shall be provided.
(8)
Where two or more units share a common wall, said wall shall contain fire-retardant material sufficient to provide two hours of fire retardation and shall extend from cellar floor to roof peak.
(9)
All townhouse development projects are subject to subdivision review and approval by the Planning Board.
T.
Bed-and-Breakfast Inn.
(1)
The owner-operator or manager of the bed-and-breakfast inn shall reside on the property.
(2)
Bed-and-breakfast inns shall be permitted in existing residences only.
(3)
No guests shall occupy the inn in excess of 14 days. The owner shall maintain a guest register open to inspection by the Building Inspector or Code Enforcement Officer and shall preserve all registration records for a minimum period of two years.
(4)
No regular meals other than breakfast shall be served.
(5)
Kitchen and dining facilities shall be limited to use by the owner, occupants of the bed-and-breakfast inn and bona fide guests and shall not be open to the general public. There shall be no individual kitchen or dining facilities in or for any guest room.
(6)
All amenities shall be limited to use by the owner, occupants of the bed-and-breakfast inn and bona fide guests and shall not be open to the general public.
(7)
One off-street parking space shall be provided for each employee and for each room available for guest occupancy in addition to the off-street parking spaces required for the residence of the owner.
(8)
Any sign shall comply with the requirements for the zoning district in which the inn is located.
(9)
Each guest room shall be equipped with a minimum of one single-station smoke detector.
(10)
All inns shall comply with all building and fire prevention codes and civil rights laws.
(11)
Each bed-and-breakfast inn authorization is subject to site plan approval by the Planning Board.
U.
Townhouse developments in R-5A Districts.
(1)
The following minimum lot and floor area standards shall apply to each dwelling unit (measured in feet or square feet):
Dimension | Minimum Permitted | ||
|---|---|---|---|
Lot area (square feet) | 1,000 | ||
Lot width (feet) | 18 | ||
Lot depth (feet) | 50 | ||
Front yard (feet) | 101 | ||
Side yard (feet) | 51 101 | ||
Total for both on interior lot | |||
Abutting side street on corner lot | 31 | ||
Rear yard (feet) | 201 | ||
Floor area (square feet) | 1,2001 | ||
First floor area (square feet) | 6001 | ||
NOTES: 1Requirements may be reduced by the Planning Board during the subdivision approval process. |
(2)
A minimum of two off-street parking spaces per unit shall be provided.
(3)
Where two or more units share a common wall, said wall shall contain fire-retardant material sufficient to provide two hours of fire retardation and shall extend from cellar floor to roof peak.
(4)
All townhouse development projects are subject to subdivision review and approval by the Planning Board.
V.
Wireless communications facilities.
(1) ADEQUATE COVERAGE ALTERNATIVE TOWER STRUCTURE ANTENNA BASE STATION COLLOCATION DBM EQUIPMENT SHELTER ERP FACILITY SITE MAJOR WIRELESS COMMUNICATIONS FACILITY MINOR WIRELESS COMMUNICATIONS FACILITY MONITORING PROTOCOL MONOPOLE MUNICIPAL CORPORATION PERSONAL WIRELESS SERVICE PROVIDER PERSONAL WIRELESS SERVICES RADIATION PROPAGATION STUDIES or RADIAL PLOTS REPEATER TELEPORT WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS SERVICES WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this Subsection, the following terms shall have the meanings indicated:
Coverage is considered to be adequate within the service area of the Village of Highland Falls if the minimum standards set forth by the Federal Communications Commission to permit the applicant to operate a personal wireless communications services within the area are met.
Existing water towers, clock towers, steeples, light poles and similar existing structures.
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications.
The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of personal wireless service provider can be located on a single tower structure.
The siting and/or mounting of multiple communication facilities used by the same provider, or by two or more competing providers, on the same property and/or antenna support structure or communication tower.
Unit of measure of the power level of an electromagnetic signal expressed in decibels, referenced to one milliwatt.
A structure located at the base station designed principally to enclose equipment used in connection with personal wireless service transmissions.
Effective radiated power.
A property, or any part thereof, which is owned or leased by one or more personal wireless service providers and upon which one or more personal wireless service facility(ies) and required landscaping are located.
Any wireless communications facility that is not a minor wireless communications facility. A major wireless communications facility includes all related and appurtenant buildings, structures and equipment, including a wireless communications tower.
Any wireless communications facility situated on or in an existing building or other structure where such equipment consists of a combination of antennas or other receiving device necessary in number to facilitate the provision of wireless communications services from such location, provided that such minor installation: 1) is comprised of antennas or transmitting or receiving devices which are no more than six feet in height, including supports, and which are mounted on supports affixed to the existing structure; and 2) may include, if necessary, a new small (10 feet by 20 feet and 10 feet high) building to house necessary equipment.
The testing protocol which is to be used to monitor the emissions from existing and new personal wireless service facilities upon adoption of this subsection. The Planning Board may, as the technology changes, require, by resolution, the use of other testing protocols.
A single self-supporting vertical pole, designed to be used for the purposes provided in the definition of "wireless communications tower" in this subsection, with no guy wire anchors, consisting of a galvanized or other unpainted metal, or a wooden pole with below-grade foundations.
The term "municipal corporation," as used in this subsection, includes a county, town, city, village, board of cooperative educational services, fire district or school district.
An entity licensed by the Federal Communications Commission (FCC) to provide personal wireless services to individuals or institutions.
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. These services include cellular services, personal communications services (PCS), specialized mobile radio services and paging services.
Computer-generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height aboveground, power input and output, frequency output, type of antenna, antenna gain and topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for the personal wireless service facility proposed for that site.
A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.
A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmitting in the C-Band (four to six Ghz) spectrum.
Any site containing equipment used in connection with the commercial operation of wireless communications services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including, but not limited to, antennas, repeaters, monopoles, equipment, appurtenances and structures.
The provision of personal wireless communications services, including, but not limited to, those more commonly referred to as cellular telephone service, which services are regulated by the Federal Communications Commission in accordance with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
Any freestanding structure, including a lattice structure or framework and freestanding self-supported vertical pole (commonly known as a monopole), constructed for the placement of any equipment for use in connection with the provision of wireless communications services.
(2)
Compliance with State Environmental Quality Review Act. The board responsible for reviewing wireless communications facility applications shall comply with the provisions of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations.
(3)
Applicability.
(a)
All applicants that seek approval to place a wireless communications facility in the Village of Highlands Falls shall be subject to the Village of Highland Falls Zoning Law and the provisions contained in this subsection, with the specific exception of:
[1]
The Village of Highland Falls as applicant.
[2]
An applicant seeking approval to locate a facility on property owned by the Village of Highland Falls.
[3]
An applicant seeking approval to locate a wireless communications facility expressly exempted by federal law.
[4]
An applicant seeking to repair and maintain a lawfully existing facility.
(b)
The above exemption shall not apply to parks, playgrounds and similar properties owned by the Village of Highland Falls and used by the public for recreational purposes. Nor shall these exemptions apply to cemeteries. Any applicant wishing to place a wireless communication facility upon such properties shall be subject to the regulations set forth in the Zoning Law and the provisions contained in this this subsection.
(c)
Where applicants are specifically exempted from the Zoning Law and the provisions of this subsection pursuant to Subsection V(3)(a)[1] or [2] above, the Village Board of Trustees shall have the sole responsibility to review said application. The Board of Trustees may engage such consultants as it deems necessary, in its sole discretion, to advise it during its deliberations. The cost of all such consultants shall be borne by the applicant.
(d)
Any municipal corporation seeking approval to place a wireless communications facility within the municipal boundaries of the Village of Highland Falls shall be subject to review by the Planning Board and full compliance with these regulations unless exempted by resolution of the Village of Highland Falls Board of Trustees after conducting a "balancing of the interest" analysis as set forth in Matter of County of Monroe v. City of Rochester, 72 N.Y.2d 338 (1988).
(e)
Nothing in this subsection shall eliminate the requirement to obtain a building permit from the Building Department for the construction of a wireless communications facility in the Village of Highland Falls.
(4)
Restrictions on use.
(a)
No wireless communications facility, except one approved by all authorities having jurisdiction prior to the effective date of this subsection, shall be used, located, constructed or maintained on any lot, structure or land area unless in conformity with this subsection. No wireless communications facility may hereafter be erected, moved, reconstructed, changed or altered unless in conformity with this subsection. No existing structure shall be modified to serve as a wireless communications facility unless in conformity with these regulations.
(b)
All wireless communications facilities shall at all times be in conformance with the rules and regulations of any governmental entity having jurisdiction over such communication facilities and uses, antenna and/or supporting structures and towers, including, without limitation, the FCC and FAA.
(c)
A wireless communications facility shall be operated and maintained by an FCC licensee only. An applicant who is not licensed by the FCC shall not be considered a public utility for the purposes of this subsection or this chapter.
(d)
The applicant of a wireless communications facility shall show that the facility is necessary to provide adequate coverage to an area of the Village which at that time is proven to have inadequate coverage and shall show that any proposed communication tower or antenna is the minimum height and aesthetic intrusion necessary to provide adequate coverage. The applicant seeking to locate a wireless communications facility in the Village shall demonstrate the need for a new or additional antenna or tower; that the primary purpose of the facility is to provide adequate coverage within the Village; and that the coverage area of the facility lies predominately (more than 50%) within the Village.
(e)
If the coverage area of a proposed wireless communications facility lies predominately (50% or more) outside of the Village, then the application may be denied by the Planning Board, unless the applicant demonstrates that wireless communications facility(ies) cannot be located within those adjoining municipality(ies) so as to provide service to the coverage area of the proposed facility within those municipality(ies).
(f)
If a wireless communications facility is proposed for placement on a lot that is within or abuts a residential zoning district, the applicant shall prove that adequate coverage cannot be achieved by placing a facility on a lot which is not within or does not abut a residential zoning district.
(g)
No wireless communications facility shall be located on the roof of a building or attached to the exterior of a building.
(h)
All wireless communications facilities shall be constructed and maintained in conformance with all building, electrical, fire prevention and other applicable codes.
(i)
All wireless communications facilities and all property upon which such facilities are proposed, regardless of ownership by a government entity or taxing district, shall be subject to requirements and provisions of this subsection.
(5)
Major wireless communications facilities.
(a)
(Reserved)
(b)
Conditions precedent to granting site plan or conditional use approval.
[1]
Service coverage map and report.
[a]
The applicant shall submit a service coverage map which shows and describes all existing and proposed areas of service coverage relating to the proposed communications facility. The service coverage map shall show the location and identify all existing sites in the Village and all existing and proposed sites within 20 miles (or a lesser distance, at the Planning Board's reasonable discretion) of the applicant's proposed site which contain communications towers or related facilities. A detailed report shall accompany the service coverage map and shall show why the proposed communications tower, equipment and facility is necessary. The report shall identify locations within the proposed project site service coverage area which are not, and could not be, served by existing facilities, collocation, utilization of alternative technology or an alternative tower or other structure.
[b]
With respect to the applicant's proposed site and each of the other existing and proposed sites identified as required above, the report or map shall include the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of tower or structure, type and number of antennas, antenna gain, height of each antenna on the tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing or proposed facilities sites, including changes in antenna type, orientation, gain, height or power output, shall be specified. Radial plots showing the effective radiated power (ERP) from each of these existing or proposed facilities sites, as it exists and with the above adjustments, shall be provided.
[c]
The applicant shall demonstrate that the use of repeaters in conjunction with the existing or proposed facility sites examined in compliance with Subsections W(4)(b)[1][a] and [b] is not feasible to provide adequate coverage. Radial plots showing the effective radiated power (ERP) of all repeaters considered for use in conjunction with those facility sites shall be provided.
[2]
Long-range communications facilities plan. The applicant shall submit a facilities plan which shows that the proposed location of the communications facility and related buildings and equipment have been planned to result in the fewest number of communications transmission tower sites within the Village. The plan shall indicate how the applicant intends to provide service throughout the Village and how the applicant plans to coordinate with all other providers of wireless communications services in the Village. The plan shall address the applicant's planned and possible location of additional tower sites, additional antennas, related or other service area coverage, and alternative long-range plan scenarios that illustrate the potential effects of multiple towers and of tower(s) height, community intrusion impacts, and visual and aesthetic impacts.
[3]
Community impacts. The applicant shall submit documentation which demonstrates that the proposed communication tower height and bulk is the minimum height and bulk necessary to provide licensed communication services to locations within the Village which the applicant is not able to serve with existing facilities. Such documentation shall include evidence that visual, aesthetic and community character impacts have been minimized to the greatest extent practicable.
[4]
Demonstration that shared use is impracticable. A special exception use permit may be authorized for a major wireless communications facility only if the applicant demonstrates that shared use of existing structures or sites is impractical. An applicant shall be required to present a report inventorying all existing towers and other structures which may serve as potential alternative sites. The report shall describe opportunities for shared use of these existing facilities as an alternative to a proposed new tower or related facilities. The report shall demonstrate that the applicant used its best efforts to secure permission for shared use from the owner of each existing facility as well as documentation of the physical, technical and/or financial reasons why shared usage is not feasible or practical in each case. The applicant's written request for shared use and the property owners' written responses shall be provided. The applicant's report shall contain the same type of data as required in Subsection W(4)(b)[1][b] above.
[5]
Commitment for future shared use. New wireless communications towers shall be designed to accommodate future shared demand for reception and transmitting facilities. The applicant shall submit to the Planning Board an irrevocable letter of intent committing the owner of the proposed new tower and its successors in interest to permit future shared use of the proposed tower by other telecommunications providers. This letter shall also be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special exception use permit following a hearing and opportunity to be heard. The letter shall commit the new tower owner and its successors in interest to the following:
[a]
To respond within 90 days to a request for information from a potential shared-use applicant.
[b]
To use best efforts and negotiate in good faith concerning future requests for shared use of the tower by other telecommunications providers.
[c]
To allow shared use of the tower if another telecommunications provider agrees in writing to pay reasonable charges. 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 and/or equipment to accommodate a shared user without causing electromagnetic interference.
[6]
NIER certification. A written certification shall be submitted, prepared by a qualified engineer and/or health physicist, which calculates the maximum amount of nonionizing electromagnetic radiation ("NIER") which will be emitted from the proposed wireless communications facility and demonstrates that any such emissions from the facility will be within the threshold levels adopted by the Federal Communications Commission as of the day of application. The certification shall include a statement or explanation of how compliance was determined; an explanation as to what, if any, restrictions on access will be maintained to ensure compliance; and a statement as to whether other significant transmitting sources are located at or near the transmitting site and, if so, whether those emissions were considered in determining compliance and the reasons why those emissions were or were not considered.
[7]
Requirements applicable to all wireless communications facilities.
[a]
For proposed sites within 1,000 feet of other sources of radio frequency (RF) energy, emanating from other wireless communication facilities, the applicant shall provide an estimate of the maximum total exposure from all such nearby stationary sources and comparison with relevant standards. This assessment shall include individual and ambient levels of exposure. It shall not include residentially based facilities such as cordless telephones.
[b]
No source of nonionizing electromagnetic radiation (NIER), including facilities operational before the effective date of this subsection, shall exceed the federal or state NIER emission standard.
[8]
The applicant shall comply with all other requirements, standards and conditions set forth in the zoning code governing special exception use and site plan applications.
(6)
Other requirements.
(a)
Design.
[1]
Visual impact assessment. The applicant shall submit the following:
[a]
A viewshed analysis in order to determine locations where the tower and appurtenant facilities may be visible.
[b]
Graphic representations of before and after views from key viewpoints located inside and outside of the Village including, but not limited to, state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, residential developments, and any other location where the site is visible to a large number of visitors or travelers.
[c]
Assessment of alternative tower designs and color schemes, as set forth in Subsection W(5)(a)[2] below.
[d]
Assessment of the visual impact of the tower base, guy wires, accessory buildings and structures, and overhead utility lines on abutting properties and streets.
[2]
Tower design. The applicant shall submit a report describing alternative tower designs which includes lattice and monopole structures and other designs to minimize visual impacts. The Planning Board shall have authority to hire an independent qualified engineer to review the tower design in order to evaluate the need for, and the design of, any new tower and potential alternatives. All designs to be considered shall be required to include, at a minimum, the following characteristics:
[a]
Towers shall be designed to accommodate future shared use by other wireless communications providers.
[b]
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
[c]
No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including, but not limited to company name, phone numbers, banners and streamers.
[d]
Any new tower shall be securely mounted to withstand the wind and ice loads and earthquake damage for the place of installation in accordance with New York State Uniform Fire Prevention and Building Code.
[e]
The height of any new tower shall be the minimum height necessary, considering shared use, to meet the minimum requirements of the Federal Communications Commission for adequate coverage of the service area.
[f]
The Planning Board shall have authority to hire a radio frequency engineer at applicant's sole expense to evaluate the need for a new wireless tower and facility at the proposed location.
[3]
Fully engineered site plan. The applicant shall submit a site plan in accordance with § 240-70 and showing, at a minimum, all existing and proposed roads, buildings, tower(s), guy wire and anchors, antennae, parking and landscaping, and shall include grading plans for new facilities and roads.
[4]
Engineer's report.
[a]
The applicant shall submit a report prepared by a New York State licensed professional engineer specializing in electrical engineering with expertise in communication facilities. If a monopole or tower is required and/or the electrical engineer is not qualified to certify the structural soundness of the installation, then an additional report shall be submitted by a New York State licensed professional engineer specializing in structural engineering. The report(s) shall contain the following information:
[i]
Name(s) and address(es) of person(s) preparing the report;
[ii]
Name(s) and address(es) of the property owner, operator and applicant;
[iii]
Postal address and section, block and lot number of the property;
[iv]
Zoning district in which the property is situated;
[v]
Size of the property and the location of all lot lines;
[vi]
Location of all residential structures within 1,000 feet;
[vii]
Location of nearest occupied structure;
[viii]
Location of day-care center, school, camp or recreational area within 1,000 feet;
[ix]
Location of all structures on the property;
[x]
Location, size and height of all proposed and existing antennas and all appurtenant structures;
[xi]
Type, size and location of all proposed and existing landscaping;
[xii]
Number, type and design of antenna(s) proposed and the basis for the calculations of capacity;
[xiii]
Make, model and manufacturer of the antenna(s);
[xiv]
Description of the proposed antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting;
[xv]
Frequency, modulation and class of service of radio equipment;
[xvi]
Transmission and maximum effective radiated power of the antenna(s);
[xvii]
Certification that the proposed antenna(s) will not cause interference with existing communication devices;
[xviii]
Elevation drawings depicting the front, side and rear of the property, illustrating the proposed antenna(s), mounting device and structure, if any, on which the antenna(s) is mounted;
[xix]
A map depicting and listing all existing sites in the Village and bordering municipalities containing transmitting antenna(s) used by the operator, owner or applicant;
[xx]
All applications, communications and permits submitted to or issued by the Federal Aviation Administration and Federal Communications Commission;
[xxi]
Soil and foundation, or supporting structure report demonstrating adequate stability and support.
[b]
The Planning Board may, in a proper case, waive one or more of the requirements of this Subsection W(5)(a)[4] and may require additional reports or evidence that it deems necessary to ensure the health, safety and welfare of the community is adequately protected.
[5]
Intermunicipal notification. In order to keep neighboring municipalities informed, to facilitate the consideration of shared use of existing tall structures in a neighboring municipality, and to assist the continued development of communication for emergency services, the applicant shall provide the following additional notice of the application:
[a]
Notification in writing to the clerk of any adjoining municipality within one mile of a proposed site or a greater distance if determined by the Planning Board to be impacted by a proposed new telecommunications tower.
[b]
Notification in writing by certified mail of all landowners within 1,000 feet of the property line of the parcel on which a new tower is proposed.
(b)
Location, lot size and setbacks.
[1]
Any proposed wireless communications tower and its accessory structures shall be located on a single parcel and shall comply with setback requirements as identified below.
[a]
In order to protect the health safety and welfare of children who may be injured by falling ice or debris, all wireless communications towers shall be a distance of not less than 500 feet from the nearest property line of a school, day-care center, camp, public park, playground, recreation area or other area where children may congregate.
[b]
Wireless communications towers shall be located with a minimum setback from any property line equal to the height of the tower or the required setback in the zoning district, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the zoning district.
[c]
The lot size of major wireless communications facilities sites shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the leased area shall be adequate to meet the setback requirements, and the entire area required shall be leased from a single parcel.
[d]
Additional setbacks may be required by the Planning Board to contain on site all ice fall or debris from tower failure and preserve the privacy of any adjoining residential and public properties.
[e]
All wireless communications facilities shall be located at least 500 feet from a (residence) parcel perimeter measured from the nearest component of the facility.
(c)
Vegetative screening and fencing.
[1]
Landscaping. All facilities shall provide landscaping as follows:
[a]
All facilities shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment.
[b]
The area surrounding the installation, other than the area necessary to maintain a clear line of site to the signal source, shall be landscaped and maintained with trees, shrubs, and ground cover to maximize screening and visual buffering. The Planning Board may determine that an existing natural vegetative buffer which meets or exceeds the above requirements is sufficient.
[c]
Landscaping shall include trees of a height and density established by the Planning Board that will, over time, further screen the site, buffer neighboring properties, and reduce visual impacts resulting from the installation of said facility.
[d]
The outside of security fencing shall be screened with evergreen shrubs, trees or climbing evergreen material.
[e]
The base of any communication tower and any accessory structure shall be effectively screened using primarily vegetative screening, including a continuous evergreen screen planted in a natural setting and consisting of native plant species. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen and buffer all structures from nearby properties or important viewsheds of scenic areas. All landscaping shall be properly maintained to ensure continued screening and buffering.
[2]
Security and safety fencing. Security and safety fencing shall be located around all communication towers, equipment and related facilities to prevent unauthorized access. Access to all structures shall be through a locked gate or locked principal building. Fencing shall be designed to minimize visual and aesthetic impacts and shall be equipped with appropriate anticlimbing devices. Failure to maintain said security and safety fencing in an appropriate manner shall be grounds for immediate revocation of all permits and certificates of use by the Building Inspector. In addition:
[a]
All communication towers, antenna towers, monopoles and other supporting structures shall be made inaccessible to unauthorized persons, particularly children, and shall be constructed or shielded in such a manner that they cannot be climbed.
[b]
All transmitter controls shall be designed and installed in such a manner that they are accessible only to persons authorized by the licensee to operate or service them.
[c]
All transmitters shall be designed in such a manner that, in the event an unauthorized person does gain access, that person cannot cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations.
[d]
All transmitters (other than hand-carried or pack-carried mobile transmitters) and control points shall be equipped with a visual means of indicating when the control circuitry has been activated to cause the transmitter to radiate.
[e]
All transmitters shall be designed in such a manner that they can be turned off independently of any remote control circuits.
[f]
Facility and stations shall be monitored from a central station continuously.
[3]
Coloring and marking. Unless otherwise required by the FAA or FCC, all communication facilities, including antenna and communication towers, shall be colored, camouflaged and/or shielded to blend with surrounding areas, provided such coloring, camouflage and/or shielding does not inhibit their effectiveness. The painting or marking of such facilities shall have a finish or coloring which will minimize visual and aesthetic impacts. Towers and all appurtenances shall generally have a galvanized finish and shall be painted gray or blue gray, or some other finish or color that is shown to be visually unobtrusive.
[4]
Signals and lights. No antenna or tower shall include any signals, lights or illumination unless required by the FAA or other applicable authority. The applicant shall provide to the Planning Board any legal authority which requires lighting. If lighting is required, the lighting shall be such as to cause the least disturbance to surrounding properties and views. Any lighting necessary for accessory structures or buildings shall be the minimum necessary and shall be properly shielded to prevent light emission and glare onto adjacent properties.
[5]
Signage. No signs, including advertising signs, shall be permitted on any antenna, communication tower, antenna tower or monopole, or antenna support structure, except as follows:
[a]
Signs specifically required by a federal, state or local agency.
[b]
Each site shall include a sign containing the name and emergency phone number of the owner and operator of all antennas. Any door having access to a roof-mounted antenna and all entrances to the fenced enclosure shall be similarly posted.
[c]
All signage shall comply with the sign regulations of the zoning code.
[d]
Any graffiti on a structure shall be removed within 48 hours.
(d)
Undergrounding of electrical power and noise suppression. All electrical power supply to service the on-site buildings and appurtenances supporting the tower antenna operations shall be installed underground. Noise suppression shall be utilized in the structural design and construction of the tower support buildings and appurtenances.
(e)
Access and parking.
[1]
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
[2]
Parking. Parking shall be provided on site in an amount determined by the Planning Board based upon recommendation from the applicant. No parking shall be located in any required front yard.
(f)
The Planning Board may waive any of the requirements of this Subsection W(5) if demonstrated by the applicant that any such requirement is inapplicable or unnecessary to the particular application. The Planning Board shall specify in writing, with supporting reasons, any requirement so waived.
(7)
Minor wireless communications facilities. At all times, shared use within or on existing uninhabited tall structures and on existing approved towers shall be preferred to the construction of major wireless communications facilities.
(a)
Minor wireless communications facility is a permitted use on an existing approved tower or other approved structure, subject to site plan review by the Planning Board. The Planning Board may require the applicant to submit any of the items set forth in Subsection W(5) herein as part of the site plan review process.
(b)
An application for site plan approval of a minor wireless communications facility shall include, at a minimum, the following:
[1]
Consent from the owner of the existing facility to allow shared use.
[2]
Site plan shall show all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking, landscaping, grading plans, any methods used to conceal the modification to the existing facility, and all other items required by the zoning code for site plans.
[3]
Engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing structure and will not hamper existing emergency networks and explaining what modifications, if any, will be required in order to certify the above.
[4]
Copy of the applicant's Federal Communications Commission (FCC) license.
[5]
The Planning Board may waive any of the above requirements if it is demonstrated by the applicant that under the facts and circumstances the submission of such documentation would cause an unnecessary and undue hardship. The reason(s) for any such waiver shall be stated in writing.
[6]
The Planning Board may require any other documentation, reports or evidence that it deems necessary to ensure the health, safety and welfare of the community is adequately protected.
(8)
Required conditions of all approvals.
(a)
Removal.
[1]
Any antenna, communication facility, communication tower, antenna tower or monopole, including any supporting structure and related appurtenances, or part thereof, which is not used for six months, including a noncontinuous but cumulative period of six months, in any twelve-month period shall be removed by the operator of said facility and the property restored, at its sole cost and expense. Applicant must deposit in escrow a minimum of 50% of the present cost to remove the facility.
[2]
An extension of up to an additional six months may be granted by the Planning Board upon submittal of a written request for said extension, including proof as determined reasonable by the Board that the owner is actively engaged in the marketing of the property for sale or rent.
[3]
In the event the tower is not removed as herein required, the Village, after notice and opportunity for the property owner and operator to be heard, may cause the tower to be removed and the property restored. The total cost to the Village of such removal and restoration, including but not limited to removal and disposal costs and engineering, attorney and employee expenses, if not paid, shall be drawn from the escrow fund with the remainder assessed against the property and collected in the same manner as real property taxes.
(b)
Operational certification. Within 45 days of initial operation or modification of a wireless communications facility, the owner or operator shall submit to the Building Inspector a written certification by an independent professional engineer hired by the Planning Board at the sole expense of the applicant that the operation is in compliance with the application submitted, all conditions imposed, and all other provisions of this subsection. Such certification shall be a condition of lawfully operating past this forty-five-day period. The Village may confirm and periodically reconfirm compliance as necessary to ensure compliance with all provisions of law, including NIER levels as set forth by the FCC. The operator of the facility shall supply all necessary documentation to permit the Village to make such a determination regarding compliance. If found to be not in compliance, the facility shall cease operation until compliance is restored.
(c)
Existing installations.
[1]
The current operator of any communication facility or communication tower, antenna or monopole in lawful existence at the time of adoption of this subsection shall be permitted to remain in operation, provided the operator submits proof within six months of said adoption that valid building permit(s) was issued for the facility, that the facility complies with current emission standards as promulgated or recommended by the FCC, and that the facility meets the security requirements of this subsection.
[2]
Any lawful nonconforming communication facility or communication tower shall be permitted to remain until such time as the use, facility or structure is altered, at which time compliance with this subsection shall be required.
[3]
Any facility for which emission and security compliance documentation is not received shall cease operation within six months of adoption of this subsection and shall be immediately removed thereafter. If the facility is not removed, then the Village may cause removal in the manner set forth in Subsection W7(a) above.
(9)
Review and compliance costs.
(a)
The applicant and operator, respectively, of a facility are responsible for the payment of all of the Village's costs to review an application and to determine continued compliance after commencement of operation. Payment of all such costs within 30 days of billing shall be a condition of approval and of continued operation.
(b)
The Planning Board is authorized and shall require the applicant to post funds in escrow in an amount determined by the Planning Board to pay for the Planning Board's review costs. Such escrowed amount shall be replenished by the applicant, as directed by the Planning Board, such that sufficient funds are available at all times.
(c)
As a condition of approval, the applicant shall be required to post funds in escrow in an amount determined by the Planning Board to pay for the Village's cost of inspection and determining continued compliance with the conditions of approval, this subsection, and all other applicable requirements. Such escrowed amount shall be replenished by the operator, as directed by the Planning Board, such that sufficient funds are available at all times.
(d)
An amount equal to 50% of the cost of removal shall be deposited as a condition of the approval.
[1]
Editor's Note: Section 3 of this subsection stated that it supersedes other provisions of the Village Zoning Law which permit or regulate public utilities.
[2]
Editor's Note: L.L. No. 1-2025 provided that "any application to develop property located in the B-3 zoning district that has received a Negative Declaration pursuant to the State Environmental Quality Review Act (“SEQRA”) and received a conditional approval granted by the Consolidated Planning Board prior to the effective date of this Local Law shall be exempt from its effect for a period of eighteen (18) months from said effective date. Thereafter, the Board of Trustees, in consultation with the Consolidated Planning Board, may grant one (1) additional eighteen-month exemption. No additional exemptions of any time period whatsoever shall be permitted."