Maybrook City Zoning Code
ARTICLE X
Special Exception Uses
§ 210-48 Authorization.
The Planning Board shall have original jurisdiction and power to grant a permit for a special exception use on a particular site wherever it is expressly provided in the Maybrook Village Code that the special exception may be granted upon application to the Planning Board without a finding of practical difficulties or unnecessary hardship but subject to the general provisions of this chapter and more specifically to the guiding principles, general standards and the special conditions and safeguards contained in this article.
§ 210-49 Application and public hearing procedure.
A.
An application shall be submitted in the form required by the Board and filed in the municipal office.
B.
Any special exception use application which requires a site plan approval shall comply with the preliminary review procedure in § 210-62E(2) prior to the Planning Board scheduling a public hearing.
[Amended 10-8-1993 by L.L. No. 4-1993]
C.
The Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice at least 10 days prior to the date thereof, as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to give notice of the substance of every application for a special use permit together with notice of the hearing thereof by causing notices to be mailed 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 appeal or application) and all other owners within 300 feet and within the Village limits, or such additional distance or such additional owners outside the Village as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such appeal or application, as the names of said owners appear on the last completed assessment roll. Such notice shall be by certified mail, return receipt requested, and the applicant shall furnish proof of compliance with notification procedure; provided, however, that the Board may accept substantial compliance with these provisions in cases of difficulty in serving such owners.
D.
If the land involved in an application for a special exception use permit is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality.
[Amended 10-8-1993 by L.L. No. 4-1993]
E.
If the land involved in an application for a special use permit is within 500 feet of the boundary of any other municipality; of the boundary of any county or state park or other recreation area; from the right-of-way of any county or state parkway, thruway, expressway or other controlled access highway; from the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or from the boundary of any county- or state-owned land on which a public building or institution is situated, then notice of the public hearing and a description of the applicant's proposal shall be mailed to the Orange County Planning Department.
§ 210-50 Review by County Planning Board.
[Amended 10-8-1993 by L.L. No. 4-1993]
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal.
§ 210-51 Records.
A record shall be established of all special exception uses, subdivision and site plans approved pursuant to action of the Planning Board under this chapter. Each case shall be identified by a sequential numbering system, alphabetically by applicant's name and by Tax Map number. Said file shall be available for public inspection.
§ 210-52 Minutes.
The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and official actions, all of which shall be filed in the Clerk's office and shall be a public record.
§ 210-53 Time period for obtaining building permit; extension.
Building permits authorized by Planning Board actions on special exception cases shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Planning Board where good cause is shown.
§ 210-54 Fees.
The fees for applications to the Planning Board shall be established from time to time by resolution of the Board of Trustees.
§ 210-55 Guiding principles.
A.
Such use shall be one which is specifically authorized as a special exception use in the district within which the subject site is located.
B.
Every decision by the Planning Board granting a permit for a special exception use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter, punishable under the provisions of Article XI.
C.
A special exception use, for which a permit is granted by the Board pursuant to the provisions of this article, shall be construed to be a conforming use.
§ 210-56 General standards.
For every such special exception use, the Planning Board shall determine the following:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 210-1.
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 nonnuisance industry, does conform with the chapter definition of the special exception use, where such a definition exists, or with the generally accepted definition of such use, where it does not exist in the chapter.
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.
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article V, 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 conductive to safe operation.
I.
Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
J.
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.
§ 210-57 Special conditions and safeguards for certain special exception uses.
[Amended 2-10-1986 by L.L. No. 3-1986; 1-11-1988 by L.L. No. 2-1988; 4-25-1988 by L.L. No. 4-1988; 3-22-1993 by L.L. No. 1-1993; 10-8-1993 by L.L. No. 4-1993; 1-24-1994 by L.L. No. 1-1994; 6-12-2000 by L.L. No. 2-2000; 8-8-2011 by L.L. No. 2-2011; 2-26-2018 by L.L. No. 1-2018; 10-15-2019 by L.L. No. 3-2019; 3-28-2022 by L.L. No. 2-2022]
It is the policy of the Village of Maybrook to allow a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment, or the character of the Village. Many uses are therefore permitted only upon the issuance of a special exception use permit by the Planning Board, in order to ensure that these uses are appropriate to their surroundings and consistent with the purposes of this chapter. Structures and land shall be used only as provided in the Tables of Use Regulations. No approval shall be granted by the Planning Board for a special exception use permit, unless it specifically finds that, in addition to meeting all the general standards set forth in § 210-56, the proposed special exception use also meets the special conditions and safeguards required in this section. No special exception use permit shall be granted by the Planning Board except as provided in the Tables of Use Regulations.[1]
ABATTOIR: All activities related to the abattoir, including the detention pens, shall be conducted within a building. | |||
ACCESSORY APARTMENT: | |||
A. | Intent and purpose. It is the intent and purpose of allowing accessory apartments on parcels of a minimum size of 5,000 square feet to provide the opportunity for the development of small housing units to meet the special housing needs of the elderly and the young, and the relatives of the owners of the principal residence. | ||
B. | Occupancy. | ||
(1) | The owner(s) of the one-family lot upon which the accessory apartment is to be located shall occupy and maintain as his legal full-time residence at least one of the dwelling units on the lot. | ||
(2) | The maximum occupancy of the accessory apartment is three persons. | ||
C. | Location and number of units. | ||
(1) | An accessory apartment may be located in the principal dwelling building, provided that such principal building either has a certificate of occupancy or qualifies for a certificate of occupancy. | ||
(2) | An accessory apartment may be alternatively located in an accessory building such as a barn or garage, provided that such accessory building either has a certificate of occupancy or qualifies for a certificate of occupancy, and provided that the lot area is at least 5,000 square feet in size and contains no less than 50 feet lot width measured at the front lot line. | ||
(3) | There shall be no more than one accessory apartment permitted per one family building lot. An accessory apartment is not permitted on any lot where two dwelling units already exist, regardless of whether one is a prior nonconforming dwelling unit or not. | ||
D. | Size. | ||
(1) | The minimum floor area for an accessory apartment located within a principal dwelling building shall be 300 square feet, but in no case shall it exceed 25% of the total floor area of the dwelling building in which it is located. | ||
(2) | For accessory apartments located in existing accessory buildings, the minimum floor area shall be 300 square feet. In addition, the Zoning Board of Appeals may permit an increase in the footprint of the accessory building of up to the lesser of 50% of the footprint of the accessory building or 600 square feet. | ||
(3) | Each accessory apartment shall be limited to a maximum of one bedroom. | ||
E. | Other requirements. | ||
(1) | Exterior appearance. If an accessory apartment is located in the principal dwelling building, there will be only one front or principal entry to the building so that the appearance of the building will remain as a one-family residence. | ||
F. | Permit conditions. | ||
(1) | An accessory apartment use permit shall be issued by the Planning Board. | ||
(2) | Inspections. Inspections for compliance as required by the Building Inspector will be made and a certificate of occupancy must be secured prior to the use of the accessory apartment. Periodic inspections may be made by the Building Inspector to verify compliance with the permit condition during the term of the permit. Refusal by the property owner or the tenant of an inspection of the premises by the Building Inspector may be grounds for revocation of the special permit. | ||
G. | Fees. An application fee shall be paid in an amount set forth in a fee schedule established by resolution of the Board of Trustees. | ||
AIRPORT: | |||
A. | The proposed airport shall meet Federal Aviation Agency standards. | ||
B. | The proposed runways and resultant airport hazard zones shall not create unreasonable hazards or nuisances to existing or potential land uses on the ground. | ||
ANIMAL HOSPITAL: | |||
A. | Adjacent properties shall be adequately protected from noise, odors and unsightly appearance. | ||
B. | All buildings, structures or other accessory use areas, except off-street parking, shall be at least 50 feet from any property line. | ||
ARENA, ASSEMBLY HALL: | |||
A. | No building or structure shall be built within 500 feet of any property line. | ||
B. | The site boundaries shall be at least 200 feet distant along any bounding street from any Residence District boundary line. | ||
C. | In the B-4 District, the site shall have a minimum area of five acres and a minimum frontage of 400 feet along the principal bounding road. | ||
AUTOMOBILE LAUNDRY: See "filling station." | |||
BUILDING CONTRACTOR STORAGE AND/OR EQUIPMENT YARD: | |||
A. | The entire activity shall be contained within a six-foot fence. | ||
B. | There shall be no outdoor storage of waste materials or other debris resulting from construction projects or from servicing of equipment. | ||
C. | The site shall be kept in such a condition as not to attract or harbor pests, rodents or other vermin. | ||
BUS PASSENGER SHELTER: | |||
A. | Shelters shall be so located that there is ample room to permit the bus to leave the traveled roadway conveniently for picking up or discharging passengers. | ||
B. | The only advertising display on such structure shall be one plaque not to exceed two square feet in area. | ||
CHURCH OR SIMILAR PLACE OF WORSHIP, PARISH HOUSE, SEMINARY, CONVENT: All buildings and structures shall be at least 50 feet from any property line. | |||
COMMERCIAL PUBLIC RECREATION USES (INDOOR AND OUTDOOR): | |||
A. | Three or more video arcade or coin-operated amusements. | ||
(1) | The site must be located in a commercial or industrial zoning district. | ||
(2) | The number of machines may not be increased absent an amendment to the special exception use (SEU) permit. | ||
B. | Recreation uses not otherwise expressly listed as permitted. | ||
(1) | Such uses shall not include any use listed as a prohibited use in § 210-8. | ||
(2) | The lot shall have an area of five acres or more and a minimum frontage of 400 feet along the principal bounding roadway. | ||
(3) | All buildings or structures shall be at least 50 feet from any property line. | ||
(4) | Lot coverage shall not exceed 20%. | ||
(5) | Outdoor public address systems shall be prohibited. | ||
C. | Within the TDD District, commercial public recreation uses shall be considered permitted uses, not subject to the criteria listed in Subsections A and B, so long as the entirety of the use is conducted indoors. | ||
DAY CAMP: | |||
A. | The lot shall have an area of five acres or more. | ||
B. | There shall be no more than one camper for every 2,000 square feet of site area. | ||
C. | All buildings, structures and areas of organized activity such as baseball diamonds, basketball courts, riding areas, swimming pools, etc., shall be at least 100 feet from any property line. | ||
D. | Off-street parking areas shall be at least 50 feet from any property line. | ||
E. | 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. | ||
F. | Outdoor floodlighting or public address systems shall be prohibited. | ||
G. | Only one sign, not larger than 12 square feet in area, shall be permitted. | ||
H. | Landscaping and fencing shall be provided as required by the Board of Appeals. | ||
EATING ESTABLISHMENT, DRIVE-IN, OPEN-FRONT OR CURB SERVICE: | |||
A. | Vehicular entrances and exits shall be controlled by curbing. | ||
B. | There shall be adequate off-street parking and loading space to serve the proposed use. | ||
C. | There shall be adequate provision for disposal of trash and refuse left on the premises. | ||
D. | There shall be either a suitable fence or landscape planting screen along side and rear lot lines. | ||
E. | Within the TDD District, a drive-in eating establishment shall be prohibited. | ||
FILLING STATION: | |||
A. | The lot area shall be not less than 20,000 square feet and have a minimum frontage along the principal roadway of at least 150 feet. | ||
B. | No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site. | ||
C. | All pumps, lubricating and other devices shall be located at least 25 feet from any building structure or street line. | ||
D. | Entrance or exit driveways shall be located at least five feet from any side or rear property lines. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.[2] | ||
E. | Outdoor storage and display of accessories or portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles. | ||
F. | A canopy may be constructed over that portion of the lot which contains the filling station pumps. The roof of such canopy may encroach into a required yard area. | ||
FUEL STORAGE (in the B-4 and I-1 Districts only): | |||
A. | Fuel storage tanks shall be set back from all lot lines at least 75 feet. | ||
B. | Fuel storage facilities shall be so screened that adjacent properties shall be adequately protected from noise, odors and unsightly appearance. | ||
C. | The site shall provide adequate off-street parking for all employees and loading spaces for all trucks which may be involved with the facility. | ||
D. | The height of fuel storage tank may be increased to 50 feet above the average ground elevation at its base where it is determined that the terrain between the tank and the lot line is more than 15 feet above the average ground elevation at the tank's base for at least three-fourths ( 3/4) of the tank's surroundings. | ||
E. | All fuel storage areas and facilities shall comply at all times with all regulatory requirements of the New York State Department of Environmental Conservation. | ||
GOLF COURSE, COUNTRY CLUB ON SITE OF NOT LESS THAN FIFTY ACRES: See "commercial public recreation uses," etc., for additional conditions. | |||
HEALTH CLUB OR FITNESS FACILITY: | |||
A. | Intent and purpose. It is the intent and purpose of this legislation to permit health clubs and fitness facilities in the R-4 Zone subject to appropriate safeguards to locate such facilities near residential neighborhoods. | ||
B. | Size. Minimum lot size in a residential zone: 30,000 square feet. | ||
C. | Buffer. Buildings to be used as a health club or fitness facility shall be no less than 75 feet from the property line of any residence. | ||
D. | Screening. The applicant for the special exception permit shall be required to install a permanent visual screen of the parking areas of the proposed health club or fitness facility and adjacent residential structures. Issuance of a special exception permit for a health club or fitness facility shall impose on the owner/tenant the permanent obligation to maintain such screening in good repair and to replace screening materials when such materials are damaged or destroyed. | ||
E. | Hours of operation. A health club or fitness facility shall not operate before 8:00 a.m. or after 10:00 p.m. | ||
F. | Noise. Noise occurring inside a health club or fitness facility, originating from any source whatsoever, shall not be audible at any adjoining residential property. | ||
G. | Exterior lighting. All exterior lighting fixtures shall be shielded from adjoining structures. | ||
H. | Parking. There shall be one space for 200 square feet. | ||
HOSPITAL, SANITARIUM, NURSING HOME, REST HOME: | |||
A. | The lot area shall be not less than five acres and have a minimum frontage of 400 feet along the principal bounding roadway. | ||
B. | All buildings and structures shall be at least 50 feet from any property line. | ||
C. | Lot coverage shall not exceed 20%. | ||
HOTEL: There shall be at least 1,000 square feet of lot area for each guest room. | |||
MEMBERSHIP CLUB, NONPROFIT: See "church," etc. | |||
MOTEL: There shall be at least 2,500 square feet of lot area for each guest room. | |||
MULTIPLE DWELLING IN THE B-2 ZONE: | |||
A. | The following minimum dimensional regulations shall apply: | ||
Regulation | Minimum (square feet) | ||
Lot area | 10,000 | ||
Apartment size | 650 | ||
B. | With the exception of Subsection A, all standards applicable to two-family dwellings in the B-2 Zone shall apply to a multiple dwelling in the B-2 Zone. | ||
NURSERY SCHOOL: See "day camp." | |||
OFFICE: Within the TDD District, office uses shall be prohibited on the ground floor of a building with frontage along New York State Route 208. | |||
PARKING, OFF-STREET ACCESSORY: Off-street accessory parking for I-3 Districts shall be specially permitted in the B-4 Districts upon approval of a site plan subject to the following conditions: | |||
A. | No parking in required setbacks from state routes or neighboring premises. | ||
B. | Fifteen-foot green area along state routes (six-foot minimum height evergreens), and green area on neighboring lot lines where required by Planning Board. | ||
C. | Suitable privacy fencing behind green areas along state routes and where required by Planning Board. No barbwire to protrude near public walkways. | ||
D. | No tractor or trailer parking within 115 feet of state routes or within 50 feet of neighboring side lot lines where determined to be appropriate to protect the neighboring uses. | ||
PHILANTHROPIC, FRATERNAL, SOCIAL OR EDUCATIONAL INSTITUTION, OFFICE OR MEETING ROOM, NONPROFIT: See "church," etc.[3] | |||
PRIVATE SWIMMING POOL IN REQUIRED SIDE YARD: Such a pool shall be compatible with the development, existing or potential, of the adjacent property, but in no case shall it be less than 10 feet from the side lot line. | |||
PUBLIC LIBRARY, MUSEUM, COMMUNITY CENTER; FIRE STATION, MUNICIPAL OFFICE OR OTHER GOVERNMENTAL BUILDING OF SIMILAR CHARACTER: See "church," etc. | |||
PUBLIC PASSENGER TRANSPORTATION STATION OR TERMINAL: All loading or unloading locations for public transportation vehicles shall be off street. | |||
PUBLIC UTILITY BUILDING, PLANT, STRUCTURE OR STORAGE YARD: | |||
A. | All buildings, structures or equipment installations, exclusive of transmission lines, shall be at least 50 feet from any property line. | ||
B. | All open storage and equipment areas shall be adequately fenced and screened. | ||
PUBLIC UTILITY STRUCTURE OR RIGHT-OF-WAY NECESSARY TO SERVE AREAS WITHIN THE VILLAGE OF MAYBROOK, EXCLUDING BUSINESS OFFICE, REPAIR OR STORAGE OF EQUIPMENT: | |||
A. | All buildings, structures or equipment installations, exclusive of transmission lines, shall be at least 50 feet from any property line. | ||
B. | Outdoor installations shall be adequately fenced and screened. | ||
QUARRY, MINING, LOADING, HAULING AND/OR PROCESSING OF SAND, GRAVEL, SHALE OR TOPSOIL: | |||
A. | The proposal shall have a particular time limit for completion of either the entire operation or of each stage of the entire operation. | ||
B. | The proposal shall include a specific method for rehabilitating the site or portions of the site related to each stage of the operation. | ||
C. | The proposal shall indicate how adjacent properties and the public will be protected from the hazards of the operation, both in terms of on-site activity and off-street traffic generated by that activity. | ||
REPAIR GARAGE: | |||
A. | No repair work or servicing of vehicles shall be performed out of doors without approval of the Planning Board. | ||
B. | The area devoted to the outdoor storage of motor vehicles or parts thereof will be screened from view of persons on adjacent streets by enclosing such areas with an opaque fence eight feet high and situated at least 50 feet back from the front lot line or locating them inside a building. | ||
C. | All waste material shall be stored within a structure or enclosed within a fenced area and shall not be visible at any property line of the establishment. | ||
D. | Not more than five motor vehicles, presently incapable of being legally driven on the highways, shall be stored outdoors overnight.[4] | ||
SCHOOL, ELEMENTARY OR HIGH, PUBLIC, DENOMINATIONAL OR PRIVATE, HAVING A CURRICULUM THE SAME AS ORDINARILY GIVEN IN PUBLIC SCHOOLS: See "church," etc. | |||
SHOPPING CENTERS: | |||
A. | The lot shall have an area of five acres or more and a minimum frontage of 400 feet along the principal bounding roadway. | ||
B. | All buildings or structures shall be at least 50 feet from any property line. | ||
C. | Lot coverage shall not exceed 25%. | ||
D. | No building shall be greater than 35 feet in height. | ||
E. | There shall be at least one parking space for every 100 square feet of gross floor area. | ||
TEMPORARY CONSTRUCTION AND SALES OFFICE: | |||
A. | No special exception use permit shall be granted for a period of more than one year, but the same may be renewed without a public hearing, provided that any additional units remain to be constructed and/or two or more units other than the construction and sales office itself remain to be sold, and further provided that reasonable progress has been made toward completion of construction of the subdivision or development. | ||
B. | The temporary construction and sales office shall be constructed so as to be suitable for a single-family dwelling unit and shall be sold or conveyed as such upon the expiration of the permit. The office shall be maintained in such a manner as to give the outward appearance of a residence, other than for permitted signs and parking. | ||
C. | The Planning Board shall be empowered to make such requirements as conditions of the authorization as reasonable to protect the essential residential character of the "neighborhood." | ||
THEATER OR MOTION-PICTURE THEATER, OTHER THAN AN OUTDOOR DRIVE-IN THEATER: See "arena, assembly hall." | |||
TWO-FAMILY DWELLING IN B-2 ZONE: | |||
A. | The following minimum dimensional regulations shall apply: | ||
Regulation | Minimum (square feet) | ||
|---|---|---|---|
Lot area | 5,000 | ||
Livable floor area per dwelling unit | 500 | ||
Required yards | None | ||
B. | Each building shall have at least two off-street parking spaces per dwelling unit. | ||
C. | Buildings shall be architecturally compatible with other uses in the neighborhood. | ||
D. | Storefront windows shall be removed and replaced with windows suitable for a residence. | ||
E. | Stairways leading to an upper floor of the building shall be located inside the building whenever possible. | ||
F. | There shall be no stairwells or fire escapes on the wall fronting the street. | ||
TWO-FAMILY DWELLING IN TDD DISTRICT: | |||
A. | The following minimum dimensional regulations shall apply: | ||
Regulation | Minimum (square feet) |
|---|---|
Lot area | 5,000 |
Livable floor area per dwelling unit | 500 |
Required yards | None |
B. | Each building shall have at least two off-street parking spaces per dwelling unit. | ||
C. | Buildings shall be architecturally compatible with other uses in the neighborhood. | ||
D. | Storefront windows shall be removed and replaced with windows suitable for a residence. | ||
E. | Stairways leading to an upper floor of the building shall be located inside the building whenever possible. | ||
F. | There shall be no stairwells or fire escapes on the wall fronting the street. | ||
G. | Within the TDD District, two-family dwellings shall not be permitted on lots having frontage along New York State Route 208. | ||
H. | Within the TDD District, two-family dwellings shall not be permitted on any lot that is located between two lots each containing any legally existing nonresidential use. | ||
VETERINARIAN: See "animal hospital." | |||
[1]
Editor's Note: The Tables of Use Regulations are included at the end of this chapter.
[2]
Editor's Note: Original Section 135-40-13(e), regarding screening of outdoor storage areas, which immediately followed this subsection, was repealed 10-8-1993 by L.L. No. 4-1993.
[3]
Editor's Note: Original Section 135-40-27, Planned Residential Development, which immediately followed this section, was repealed 9-22-1986 by L.L. No. 7-1986.
[4]
Editor's Note: Original Section 135-40-35, Roadside markets for the sale of farm products produced on the premises, which immediately followed this section, was repealed 10-8-1993 by L.L. No. 4-1993.
§ 210-57.1 Wireless communications facilities.
[Added 11-23-1998 by L.L. No. 4-1998]
A.
Legislative purposes:
(1)
To establish clear standards for the siting of wireless communications facilities, buildings and structures, equipment, communications towers, antenna towers and monopoles.
(2)
To promote the health, safety and general welfare of the residents of Maybrook through the establishment of minimum standards to reduce the adverse visual effects of communications facilities, including but not limited to transmission towers and antennas, through the use of advanced technology, careful design, siting, screening and buffering.
(3)
To protect residential areas and land uses and property values from potential adverse impacts of towers and antennas.
(4)
To encourage the location of communications facilities and communications towers in areas suitably screened, buffered and adequately separated from residential uses.
(5)
To minimize the total number of communications facilities and communications towers throughout the community.
(6)
To encourage the joint use of new and existing communications tower sites as a primary option rather than construction of additional single-use communications towers, while recognizing that collocation on higher towers is not always preferable to two less visible, less obtrusive shorter towers, thereby maximizing the use of existing communications towers or alternative antenna host sites, while not unreasonably limiting competition among communications providers or unreasonably limiting reception of receive-only antennas.
(7)
To require users of communications towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is shown to be minimal.
(8)
To require users of communications towers and antennas to configure them in a way that minimizes adverse visual, aesthetic and community character intrusion impacts caused by the installation and view of communications towers and antennas, through careful design, siting, landscape screening and buffering, sufficient setbacks to reduce visual impacts to adjacent properties and innovative camouflaging techniques such as alternative tower structures, thereby protecting the physical appearance of the community and preserving its scenic and natural beauty.
(9)
To avoid potential damage to adjacent properties from communications towers through careful engineering and appropriate siting of communications towers.
(10)
To enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently by facilitating the siting of personal wireless communications facilities.
B. ADEQUATE COVERAGE ANTENNA ALTERNATIVE TOWER STRUCTURE COLLOCATION WIRELESS COMMUNICATIONS SERVICES WIRELESS COMMUNICATIONS FACILITY MINOR WIRELESS COMMUNICATIONS FACILITY MAJOR WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Coverage is considered to be adequate within the service area of the Village of Maybrook if the minimum standards set forth by the Federal Communications Commission (FCC) to permit the applicant to operate a personal wireless communications services within the area are met.
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.
Water towers, man-made trees, clock towers, steeples, light poles and similar alternative designs, including structures that camouflage or conceal the presence of antennas or towers.
The siting and/or mounting of multiple communications facilities used by the same provider, or by two or more competing providers, on the same property and/or antenna support structure or communications tower.
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. Section 332 (c) (7) (C), or as hereafter amended.
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. Section 332 (c) (7) (C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures.
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 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 an existing structure; and operates with all significant equipment accessory thereto (other than the antennas and transmitting or receiving devices, supports and connecting cables), installed in interior space appurtenant to such existing structure.
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 communications tower.
Any freestanding structure, including a lattice structure or framework and freestanding self-supported vertical pole (commonly known as a monopole), on which any equipment is located in connection with the provision of wireless communications services.
C.
Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations. An application for approval of a wireless communications facility proposed to be located in a residential zoning district shall constitute a Type I action, except where the facility is permitted as a special exception use as provided in subsection E(1)(a) and (b).
D.
Restrictions on use.
(1)
No wireless communications facility, except one approved by all authorities having jurisdiction prior to the effective date of this section, shall be used, located, constructed or maintained on any lot, structure or land area unless in conformity with this section. No wireless communications facility may hereafter be erected, moved, reconstructed, changed or altered unless in conformity with this section. No existing structure shall be modified to serve as a wireless communications facility unless in conformity with these regulations.
(a)
All wireless communications facilities shall at all times be in conformance with the rules and regulations of any governmental entity having jurisdiction over such communications facilities and uses, antennas and/or supporting structures and towers, including, without limitation, the FCC and Federal Aviation Administration (FAA).
(b)
A wireless communications facility shall be operated and maintained by an FCC licensee only.
(c)
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 communications 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.
(d)
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.
(e)
All wireless communications facilities shall be constructed and maintained in conformance with all building, electrical, fire prevention and other applicable codes.
E.
Major wireless communications facilities.
(1)
Approved zoning districts of other locations.
(a)
Major wireless communications facilities, including an alternative tower structure or existing tower, but excluding a new tower, are permitted as a special exception use in all zoning districts.
(b)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use on Village water tanks(s), subject to an agreement with the Board of Trustees.
(c)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a) or (b) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the I-1 Zoning District.
(d)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b) or (c) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the I-2 Zoning District.
(e)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c) or (d) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the I-3 Zoning District.
(f)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c), (d) or (e) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the RA-3 Zoning District located at the southern boundary of the Village.
(g)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c), (d), (e) or (f) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the RA-3 Zoning District located at the northern boundary of the Village.
(h)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c), (d), (e), (f) or (g) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in any other location.
(2)
Conditions precedent to granting site plan or conditional use approval.
(a)
Service coverage map and report. 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 in bordering municipalities 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)
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.
(c)
Community impacts. The applicant shall submit documentation which demonstrates that the proposed communications tower height and bulk is the minimum height and bulk necessary to provide licensed communications 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.
(d)
Demonstration that shared use is impracticable. A conditional 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 structures within 1/2 mile of the proposed site which are at an elevation suitable as potential sites. The report shall describe opportunities for shared use of these existing facilities as an alternative to a proposed new tower. 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.
(e)
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 Board of Trustees 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 conditional 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:
[1]
To respond within 90 days to a request for information from a potential shared-use applicant.
[2]
To use best efforts and negotiate in good faith concerning future requests for shared use of the tower by other telecommunications providers.
[3]
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.
(f)
Nonionizing electromagnetic radiation (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.
(g)
The applicant shall comply with all other requirements, standards and conditions set forth in this chapter governing conditional use and site plan applications.
F.
Other requirements.
(1)
Design.
(a)
Visual impact assessment. The applicant shall submit the following:
[1]
A viewshed analysis in order to determine locations where the tower and appurtenant facilities may be visible.
[2]
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.
[3]
Assessment of alternative tower designs and color schemes, as set forth in Subsection F(1)(b) below.
[4]
Assessment of the visual impact of the tower base, guy wires, accessory buildings and structures and overhead utility lines on abutting properties and streets.
(b)
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 Board may request a review of the tower design by a qualified engineer 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:
[1]
Towers shall be designed to accommodate future shared use by other wireless communications providers.
[2]
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
[3]
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.
[5]
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.
(c)
Fully engineered site plan. The applicant shall submit a site plan showing, at a minimum, all existing and proposed roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(d)
Engineer's report.[2]
[1]
The applicant shall submit a report prepared by a New York State licensed professional engineer specializing in electrical engineering with expertise in communications 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:
[a]
Name(s) and address(es) of person(s) preparing the report.
[b]
Name(s) and address(es) of the property owner, operator and applicant.
[c]
Postal address and section, block and lot number of the property.
[d]
Zoning district in which the property is situated.
[e]
Size of the property and the location of all lot lines.
[f]
Location of nearest residential structure.
[g]
Location of nearest occupied structure.
[h]
Location of nearest day-care center, school, camp or recreational area.
[i]
Location of all structures on the property.
[j]
Location, size and height of all proposed and existing antennas and all appurtenant structures.
[k]
Type, size and location of all proposed and existing landscaping.
[l]
Number, type and design of antenna(s) proposed and the basis for the calculations of capacity.
[m]
Make, model and manufacturer of the antenna(s).
[n]
Description of the proposed antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.
[o]
Frequency, modulation and class of service of radio equipment.
[p]
Transmission and maximum effective radiated power of the antenna(s).
[q]
Certification that the proposed antenna(s) will not cause interference with existing communications devices.
[r]
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.
[s]
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.
[t]
All applications, communications and permits submitted to or issued by the Federal Aviation Administration and Federal Communications Commission.
(e)
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 communications for emergency services, the applicant shall provide the following additional notice of the application:
[1]
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 Board to be impacted by a proposed new telecommunications tower.
[2]
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.
(2)
Location, lot size and setbacks.
(a)
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.
[1]
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 350 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.
[2]
Wireless communications towers shall be located with a minimum setback from any property line equal to the height of the tower in any zoning district, except, however, if the applicant can demonstrate that the fall zone for the structure can be safely accommodated on a smaller-size parcel or with reduced setbacks to no less than the minimum bulk requirements in the underlying zoning district, the Planning Board shall have the discretion to reduce the size accordingly. The applicant must demonstrate that there is adequate protection to adjoining properties from the dangers of falling ice or debris through either an easement or other safeguards. The Planning Board shall make findings of fact justifying a reduction and shall impose such additional conditions that the Board may deem appropriate to protect the health, safety and welfare. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
[3]
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 entire area required shall be leased from a single parcel.
[4]
Additional setbacks may be required by the Planning Board to contain on site all icefall or debris from tower failure and preserve the privacy of any adjoining residential and public properties.
(3)
Vegetative screening and fencing.
(a)
Landscaping. All facilities shall provide landscaping as follows:
[1]
All towers shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment.
[2]
The area surrounding the installation, other than the area necessary to maintain a clear line of sight to the signal source, shall be landscaped and maintained with trees, shrubs and ground cover to maximize screening and visual buffering. The Board may determine that an existing natural vegetative buffer which meets or exceeds the above requirements is sufficient.
[3]
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.
[4]
The outside of security fencing shall be screened with evergreen shrubs, trees or climbing evergreen material.
[5]
The base of any communications 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.
(b)
Security and safety fencing. Security and safety fencing shall be located around all communications 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 anti-climbing 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:
[1]
All communications 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.
[2]
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.
[3]
All transmitters used with in-building radiation systems shall be designed in such a manner that, in the event that 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.
[4]
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.
[5]
All transmitters shall be designed in such a manner that they can be turned off independently of any remote-control circuits.
(c)
Coloring and marking. Unless otherwise required by the FAA or FCC, all communications facilities, including antennas and communications towers, shall be colored, camouflaged and/or shielded to blend with surrounding areas, provided that 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.
(d)
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 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.
(e)
Signage. No signs, including advertising signs, shall be permitted on any antenna, communications tower, antenna tower or monopole, or antenna support structure, except as follows:
[1]
Signs specifically required by a federal, state or local agency.
[2]
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.
[3]
All signage shall comply with the sign regulations of this chapter.
[4]
Any graffiti on a structure shall be removed within 48 hours.
(4)
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.
(5)
Access and Parking.
(a)
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 top 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.
(b)
Parking. Parking shall be provided on-site in an amount determined by the Board based upon recommendation from the applicant. No parking shall be located in any required front yard.
G.
Minor wireless communications facilities.
(1)
Minor wireless communications facilities are a permitted use in all zoning districts, 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 F herein as part of the site plan review process.
(2)
An application for site plan approval of a minor wireless communications facility shall include the following:
(a)
Consent from the owner of the existing facility to allow shared use.
(b)
A site plan showing 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 this chapter for site plans.
(c)
An 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.
(d)
A copy of the applicant's Federal Communications Commission (FCC) license.
(e)
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.
(f)
The Planning Board may require any other documentation, reports or evidence that it deems necessary to ensure that the health, safety and welfare of the community is adequately protected.
H.
Required conditions of all approvals.
(1)
Removal.
(a)
Any antenna, communications facility, communications 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 property owner or the operator of said facility and the property restored, at their sole cost and expense.
(b)
An extension of 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 Planning Board that the owner is actively engaged in the marketing of the property for sale or rent.
(c)
In the event that the tower is not removed as herein required, the Village, after notice and opportunity for the owner and operator to be heard, may cause the tower to be removed and the property restored. The total cost 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 assessed against the property and collected in the same manner as real property taxes.
(2)
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 a professional engineer that the operation is in compliance with the application submitted, all conditions imposed and all other provisions of this section. 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 owner/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.
(3)
Existing installations.
(a)
The current operator of any communications facility or communications tower, antenna or monopole in lawful existence at the time of adoption of this section shall be permitted to remain in operation, provided that the operator submits proof within six months of said adoption that a 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 section.
(b)
Any lawful nonconforming communications facility or communications tower shall be permitted to remain until such time as the use, facility or structure is altered, at which time compliance with this section shall be required.
(c)
Any facility for which emission and security compliance documentation is not received shall cease operation within six months of adoption of this section 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 H(1) above.
I.
Review and compliance costs.
(1)
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.
(2)
The Board is authorized and shall require the applicant to post funds in escrow in an amount determined by the Board to pay for the Board's review costs. Such escrowed amount shall be replenished by the applicant, as directed by the Board, such that sufficient funds are available at all times.
(3)
As a condition of approval, the applicant shall be required to post funds in escrow in an amount determined by the Board to pay for the Village's cost of inspection and determining continued compliance with the conditions of approval, this section and all other applicable requirements. Such escrowed amount shall be replenished by the operator, as directed by the Board of Trustees, such that sufficient funds are available at all times.
J.
Telecommunications Advisory Board.
(1)
A Telecommunications Advisory Board may be created to consist of three members appointed by the Board of Trustees to serve staggered three-year terms and to participate in regional planning efforts; review advancements in antenna technology and zoning compliance with Federal Communications Commission rulings; and offer recommendations on applications made pursuant to this section and on amendments and enforcement of this section. The creation of such Board shall be consistent with the following:
(a)
Appointment of members. The Board of Trustees shall appoint three members and shall designate the Chairperson thereof. When selecting candidates, the Board of Trustees shall weigh and consider geographical representation and endeavor to ensure that membership is representative of the larger population to the extent possible. In the absence of a Chairperson, the Advisory Board may designate a member to serve as Acting Chairperson. In making such appointments, the Board of Trustees may require Advisory Board members to complete training and continuing education courses to assure competency in the subject area.
(b)
Terms of members first appointed. The appointment of members to the Advisory Board shall be for terms such that one member's term shall expire at the end of the calendar year in which the members were initially appointed. The remaining members' terms shall be such that one member's term shall expire at the end of each year thereafter. At the expiration of each original member's appointment, the reappointed or new member shall be appointed for a three-year term.
(c)
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Board of Trustees shall appoint a new member to the unexpired term.
(d)
Chairperson Duties. All meetings of the Advisory Board shall be held at the call of the Chairperson and at such other times as the Advisory Board may determine.
(2)
Advisory board obligations. The Advisory Board shall publish at least once each year, in February, a summary of the previous year's rulings and notices of proposed ruling-making by the Federal Communications Commission affecting the provisions of this section or shall state where such a summary may be obtained. Such summary should focus on rulings and notices which affect municipalities within the county, including a list of proposed and actual sites of all transmitting antennas installed in the Village during the prior year, keyed to a map of the Village and illustrating the distribution of said antennas, and a list of all pending antenna applications before the Village and surrounding areas.
§ 210-57.2 Portable home storage units/Portable On Demand (PODS®).
[Added 4-13-2020 by L.L. No. 2-2020]
A.
No portable home storage units or Portable On Demand (POD) storage structures may be utilized as a temporary structure unless a permit is obtained for each portable home storage unit or POD by application to the Code Enforcement Officer, who shall issue such permit, provided the following requirements of this section are satisfied:
(1)
The portable home storage unit or POD is located as a temporary structure on property within the Village for period not to exceed 30 consecutive days in any one-year period.
(2)
No more than one portable home storage unit or POD may be located on a piece of property within the Village at one time.
(3)
Such portable home storage unit or POD may not be located on a property more than two times in any given thirty-calendar-day period referenced in Subsection A(1) above. Such portable home storage unit or POD shall be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. (See Subsection B.)
(4)
All locations of such portable home storage unit or POD must be on paved off-street surfaces. (See Subsection B.)
(5)
Such structure may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It shall be the obligation of the owner or user of such portable home storage unit or POD to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, any law enforcement officer(s) or other first responders or emergency management personnel may require the immediate removal of such temporary structure.
(6)
When necessary to facilitate cleanup and/or restoration activities resulting from a flood, fire or natural disaster to a building or structure, one portable home storage unit or POD may be located on the property for a period not to exceed 180 days.
(7)
All portable home storage units or PODs must include a placard not to exceed one square foot in area which is clearly visible from the right-of-way which includes the container identification number, date of its placement on the property, date that removal will be required, and a local telephone number.
B.
The applicant must obtain site plan approval from the Planning Board in the following situations:
C.
Additional guidelines.
(1)
No portable home storage unit or POD shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, or goods for property other than at the residential property where the storage unit is located.
(2)
Storage of hazardous material within the portable home storage unit or POD is prohibited.
(3)
All portable home storage units and PODs shall be locked and secured by the property owner, tenant or property manager at all times when loading or unloading is not taking place. The property owner, tenant or property manager or user of a portable home storage unit or POD must secure it in a manner that does not endanger the safety of person or property in the vicinity of the temporary structure. In the event of severe weather conditions in which the unit may become a physical danger to persons or property, the Village may require the removal of the portable home storage unit or POD.
(4)
No temporary or permanent wiring shall be installed in or attached to a portable home storage unit or POD.
(5)
A portable home storage unit or POD must be placed on the ground as designed and not raised for underneath storage.
(6)
No materials or equipment may be stored on top of a portable home storage unit or POD.
(7)
The portable home storage unit or POD shall not be placed within any public right-of way or roadway, including sidewalks.
(8)
No human or animal shall occupy any portable home storage unit or POD except for the express purpose of loading or unloading the container.
(9)
No heat source of any kind shall be placed in any portable home storage unit or POD.
(10)
Each and every day that a portable home storage unit or POD remains on the property beyond the applicable permitted time shall be considered as a new and separate violation. Each and every portable home storage unit or POD more than the quantity of one located on the property shall be considered a new and separate violation.