Not more than one recreational vehicle or boat per dwelling unit may be parked or stored outdoors on an occupied lot in any residence district;

No mobile home is used or occupied while it is so parked or stored and the doors thereof are kept securely locked; and

The doors of such mobile home are kept securely locked while so parked.

No pool or accessory equipment shall be located in any front yard.

No pool or accessory equipment shall be nearer than 20 feet to any property line.

The swimming pool shall be constructed and enclosed in compliance with the provisions of the New York State Uniform Fire Prevention and Building Code.

The area in which the pool is located shall be screened from the view of abutting properties by means of an opaque fence or wall or thick hedges with a height of not less than 6 1/2 feet above the ground.

No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.

Said pool shall be equipped with a filtration system which shall either be screened or enclosed on all sides or located below the ground.

No tennis court, deck- or paddle-tennis court or similar accessory facility shall be located in any front yard.

No part of any such facility shall be located nearer than 15 feet to any property line.

No lighting or spotlighting shall be permitted which will provide light rays beyond the lot lines of the lot on which said facility is located.

The area in which the facility is located shall be screened from the view of abutting properties by means of an opaque fence or wall or thick hedges with a height of not less than 6 1/2 feet above the ground.

The compactor, dumpster or container shall be located no closer to the property lines than is permitted for an accessory structure in said district.

The compactor, dumpster or container shall not be located in any required loading berth or in any required off-street parking space.

The compactor, dumpster or container shall be appropriately screened or located so as to minimize its effect on residential uses.

The design and operation of any trash compactor shall be of rodent-proof design and shall be approved by the Building Inspector of the Village of Mount Kisco prior to its installation.

Temporary permit. The Building Inspector may issue a temporary permit, upon payment of the minimum building permit fee, for a tent, provided that:

Duration of permit. In no case shall a tent be maintained or erected for a period of time exceeding 14 days from the date of erection specified in the temporary permit.

Frequency of permit. In no case shall more than one temporary permit for a tent be issued per calendar year quarter.

Exceptions. Notwithstanding any other definition or provision herein, a tent covering not more than 100 square feet of ground area and commonly used for play purposes, or a cemetery or house of worship canopy, or a tent used for purposes accessory to a residence and for fewer than 6 days in duration shall be permitted and shall not be subject to this section. Marquees, awnings or other similar structures, as defined in the Sign Law of the Village of Mount Kisco,[2] shall not be deemed tents, but shall be subject to all applicable provisions of this chapter and the aforesaid law.[3]

A principal structure with toilet facilities shall exist at any motor vehicle sales or rental facility. Said structure shall not be a trailer or a mobile home.

Repairs and service accessory to any motor vehicle sales or rental facility shall be permitted, provided that all work is performed within a totally enclosed building.

Outdoor area lighting shall be that generally necessary for security purposes. Lighting for illuminating an outdoor sales area shall be restricted to the front 1/3 of the lot depth. Said lighting shall be reduced to security lighting at the close of business. All outdoor area lighting shall be located at a height not more than 14 feet above ground level and shall be so directed that no illumination shall be visible beyond the lot lines.

Temporary signs or other advertising devices shall be subject to the provisions of Chapter 89 of this Code.

Used motor vehicle sales shall be permitted only if conducted as an accessory use to new motor vehicle sales.

Storage or display of used motor vehicles or rental vehicles shall be located on paved areas and shall not be permitted in the front yard. All storage or display areas visible from any street shall be completely screened from view by shrubbery or such other visual barrier as shall be acceptable to the Planning Board.

Motor vehicles for sale or rent shall not contain or bear advertising gimmicks or devices that can be seen from the street.

No loading, unloading or transfer operations shall be permitted on any public street, at the curb or within the required front yard.

A plan for vehicle circulation, customer dropoff and pickup areas, deliveries and vehicle preparation, repair and storage shall be designed in a manner acceptable to the Planning Board so that the plan achieves a safe, efficient, and aesthetically appropriate arrangement.

Any motor vehicle rentals available to the public shall be restricted to vehicles which are well maintained, in a clean and safe condition and not more than five years old.

No driveway to or from any commercial garage, gasoline station or motor vehicle repair shop shall be within 1,000 feet of any other such use or within 200 feet of the boundary line of any residential district or of any school, church, park, playground, hospital, public library, institution for dependents or children or any place of public assembly or restaurant designed for the simultaneous use of 100 persons or more, regardless of the district where either premises are located.

No building, accessory structure, fuel dispenser or service appliance shall be within 20 feet of any street line.

There shall be no opening in the wall or roof of any garage, gasoline station or motor vehicle repair shop, except chimney openings and emergency fire doors, within 15 feet of any property line, unless equipped with wire, glass and metal sash and frames.

When located adjacent to residence districts, a thirty-foot buffer area shall be provided. The Planning Board, as part of its site plan review, shall require landscaping, fencing or other measures to buffer the gasoline station, commercial garage or motor vehicle repair shop from residential properties.

Any canopy or similar type of roof structure provided over fuel pumps shall be permitted, but shall be deemed a structure for purposes of lot and bulk requirements and shall meet the setbacks required for a principal building.

Any property which is used for any purpose in addition to the sale of gasoline and motor oil shall be subject to the following restrictions:

Each individual use on site shall be required to meet the specific parking requirements as specified in § 110-28K(1) of this chapter.

The outdoor storage area shall not be located within 100 feet distant from any residence district boundary.

Material stored outdoors shall not be stored more than six feet high.

Any such storage area not conducted in a building fully enclosed on all sides shall be suitably screened by such material and/or planting of such height and density as the Planning Board may deem to be required to shield fully such use or the unenclosed side(s) of said building from the view of all surrounding properties.

Not more than 25% of the gross lot area shall be devoted to storage use conducted entirely or partially in the open, provided that any portion of the lot area devoted to off-street parking and loading shall be excluded from said twenty-five-percent limitation.

Not less than 50% of the aggregate floor area, as defined below, shall be located within fully enclosed buildings which are principally devoted to sales. For purposes of this section, the aggregate floor area shall include the floor area within buildings which are fully enclosed on all sides and the area which is occupied by uses not fully enclosed on all sides.

Except as otherwise provided for herein, all activities shall be carried on in buildings fully enclosed on all sides and having a roof.

The Planning Board may permit outdoor tennis courts, paddle and deck tennis, similar outdoor court games and outdoor swimming facilities, provided that such outdoor uses are incidental to the purposes of and not the principal use of the health and athletic membership club.

In determining whether to permit an outdoor use, the Planning Board shall consider the effect of such use upon nearby residential areas, the relative size of the proposed outdoor use and the indoor use on the same premises and the effect of any lighting or public address system which may be used in connection with the operation of the facility.

No special permit for tennis or swimming facilities shall be granted unless the facilities comply with all applicable provisions of Subsections B and C of this section.

No special permit shall be granted unless the applicant demonstrates compliance with Article 30 of the New York State General Business Law.

The following accessory uses may be permitted:

Accessory uses shall be permitted only subject to the following conditions:

Said facility shall be duly authorized or licensed as may be required by the State of New York.

Except as provided in Subsection K(5) below, said facility shall be located at a school, church or other such community facility deemed appropriate by the Mount Kisco Planning Board.

Said facility, if a child day-care center, shall include an outdoor play area of a size, design and location suitable for the specific use of the children attending the facility and shall have a plan which provides for safe pedestrian access to the site, including sidewalks if deemed appropriate by the approving agency.

Said facility shall be certified by the Building Inspector of the Village of Mount Kisco as being in compliance with fire safety requirements. This certificate shall be based on a review of a fire safety plan, submitted by the applicant, indicating ingress and egress locations, automatic fire-protection facilities and fire extinguisher locations.

Where not located as provided in Subsection K(2) above, said facility shall have a safely designed and clearly identified drop off/pick up area for vehicular queuing of automobiles completely on site. This area shall be separate from the main thoroughfare and may be within on-site parking areas.

Where not located as provided in Subsection K(2) above, said facility shall not be located on the same site as, or directly adjacent to, any property containing uses which generate a high volume of truck traffic; notwithstanding this provision, the facility may be so located if the approving agency requires additional safety precautions, such as fencing, as a condition of approval.

Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall not, however, be deemed an exhaustive list but shall have been included for the purposes of clarity and emphasis and shall illustrate by example some of the uses frequently proposed that are deemed undesirable and incompatible and that are thus prohibited.

Any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation or which presents a hazard to the public health and safety shall be prohibited.

Purpose. The Board of Trustees hereby finds that certain uses of property, by their nature, have serious objectionable operational characteristics which can lead to a significant impact on the surrounding community. The Board of Trustees further finds that the unrestrained proliferation of such uses is inconsistent with existing development and future plans for the Village/Town of Mount Kisco in that such uses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of such uses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. As business activity drops off and the quality of life deteriorates, merchants and families move away from the area, leaving it in a vacant and depressed state. The purpose of this subsection is to prevent the unrestricted proliferation of such uses and to ensure that the effects of such uses will not adversely affect the health, safety and economic well-being of the community, and particularly the children of the community, by enacting criteria for the establishment of adult entertainment uses.

Permit required. No adult entertainment use shall be permitted except upon the issuance of a special permit by the Planning Board pursuant to § 110-46 of this Code.

Standards. No special permit for an adult entertainment use shall be granted by the Planning Board except in compliance with the requirements of § 110-46 of this Code, and the following standards:

Effect on existing uses.

No billiard parlor shall be permitted in any building otherwise used in whole or in part for residential purposes.

No billiard parlor shall be permitted on any lot which is located within 1,000 feet of any other lot on which is located a billiard parlor.

No billiard parlor use shall be permitted on any lot which is located within 1,000 feet of any lot on which is located a church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.

The proposed use shall meet all other requirements of the laws of the Village/Town of Mount Kisco, including but not limited to district lot and bulk regulations, parking regulations and signage requirements.

In no event shall any of the following be permitted:

There shall be no display or sale of goods at retail, and there shall be no manufacture on the premises of articles for sale, except with respect to small quantities of test, experimental or trial products, models or prototypes that may be produced in accordance with the provisions of this chapter related to accessory uses, and except prototype items that may be called for specifically in development contracts undertaken for government or commercial agencies where such development contracts call for the delivery of such prototypes to confirm or exhibit the development work conducted.

No offensive noises, gases, fumes, odors, vibrations or radio, electric or electronic emanations, or other objectionable influences or hazards shall emanate from such use, and no waste products shall be discharged therefrom of a character to create a nuisance.

No radioactive materials shall be kept or used on the premises.

Garbage containers and dumpsters shall be located either inside or in a manner that does not adversely impact an adjoining property or tenant. All waste/recycled boxes shall be picked up on a delivery schedule with a frequency to prevent any odor, vermin or rodents from being detected outside of the store;

Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road or street providing access, and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances;

On-premises dining/consumption of food, wine and beer (subject to proper licensing) shall be limited to an area not exceeding 5% of the total square footage of the store or 2,000 square feet, whichever is less, and shall be permitted indoors and/or outdoors;

Outdoor display and/or storage shall be limited to plants, flowers, herbs, fruits, vegetables, and Christmas trees;

Any recycling facilities such as reverse vending machines (RVM) or similar equipment shall be located inside the building;

Any permitted accessory use, other than parking or a use expressly authorized as part of the special permit, shall be conducted indoors;

Cart corrals shall be provided and located in size and number to sufficiently accommodate patrons and minimize hazards within the parking lot;

The following accessory uses shall be permitted: banks (including indoor ATMs), pharmacies, and optician/optometrists;

No amplified music or sound system to be operated outdoors;

No trailers or containers shall remain on site for more than 24 hours, and trailers shall not be utilized for additional product storage;

All parking and loading requirements of §§ 110-28 and 110-29 shall be satisfied and designed in such a fashion as to minimize and/or eliminate truck deliveries from interfering with customer parking and pedestrian safety and circulation.

A family recreation facility shall only be permitted within a site that is not utilized in whole or in part for residential purposes, nor shall same abut a lot in which residential dwellings are allowed as a principally permitted use;

The operator/applicant of the family recreation facility shall submit a lease or letter from the owner of the property joining in the application;

Drug, cigarette and vape and related use paraphernalia sales and consumption shall be prohibited;

A management plan detailing operations, hours, security staffing, means of egress, etc., shall be provided by the applicant;

No amplified music or sound system shall be operated outdoors;

Term of permit. The permit shall expire upon transfer of ownership of the permitted premises;

Any amusement devices shall be subject to the provisions of Chapter 45;[7] and

Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road or street providing access, and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances.

Inner courts. An inner court may be permitted if the minimum dimension of such court is not less than 1 1/2 times the average height of all surrounding walls of the buildings; however, in the case of residential buildings, said minimum dimension shall in no event be less than 60 feet. The height of walls surrounding an inner court shall be measured from the finished grade at the base thereof to the top of such walls, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.

Outer courts. The minimum width of an outer court shall be 20 feet, and the depth shall not exceed its width.

Corner lots. All corner lots shall have front yards on both street frontages and two side yards.

Through lots. All through lots shall have front yards on both street frontages and two side yards.

Two-corner lots. All two-corner lots shall have front yards on two street frontages and two side yards.

Cornices, cantilevered roofs, window air conditioners and utility meters may project not more than two feet, and belt courses, window sills and other ornamental features may project not more than one foot, into a required yard.

Fences, hedges or walls, other than retaining walls, that are not over 6 1/2 feet in height may be erected anywhere on the lot, except that any such fence, wall or hedge, other than a retaining wall, that is erected in any front yard shall not have a height in excess of four feet. With respect to all new fence installations or replacements, the finished or formal presentation side of said fence shall face the adjacent property or street.

No accessory structure, except a sign for which a permit, pursuant to Chapter 89 of this Code, has been granted and which is erected pursuant to a site plan approved by the Planning Board, shall be located or project nearer to any street line or side lot line than does the principal structure on the lot.

Whenever, due to topographic conditions, practical difficulties would result from the enforcement of the requirement set forth in Subsection A with respect to the location of a private residential garage, the Zoning Board of Appeals may grant a variance from such requirement to permit the erection of such a garage within not less than 10 feet of the street line where the natural slope of ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where the natural slope of ground within 25 feet of such line is 20% or greater.

No detached accessory structure, except a freestanding sign for which a permit, pursuant to Chapter 89 of this Code, has been granted and which is erected pursuant to a site plan approval by the Planning Board, shall be permitted for any retail, service or other commercial use.

An accessory structure shall not exceed 15 feet in height.

An accessory detached garage shall not occupy more than 75% of the coverage of the existing or proposed principal building, shall not exceed 750 square feet of coverage, and shall not be closer than 15 feet to a rear lot line.

Except as hereinafter provided, all portions of improved multifamily and nonresidential properties which are not used for structures, off-street parking and loading, permitted outdoor storage, sidewalks or similar purposes or are not kept in their natural state shall be landscaped with grass, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff.

Landscaped screening areas shall be provided along all property lines of multifamily and nonresidential uses where such uses abut residential district boundaries. Such landscaped areas shall comply with the following minimum standards, as well as all applicable requirements set forth elsewhere in this chapter:

Purpose and intent. The Village Board of Trustees hereby finds that the regulation of outdoor lighting in the Village of Mount Kisco is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass, and/or unnecessary sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain night-time public safety, utility and security.

Light trespass. All new light fixtures, except street lighting, shall be designed, installed and maintained to prevent light trespass, as specified below.

Outdoor lighting. All outdoor lighting fixtures installed and thereafter maintained other than those serving single-family or two-family residential dwellings shall comply with the following requirements:

Illuminance requirements.

Site plan applications shall include the following:

Development limitations. To protect environmentally sensitive lands, preserve the Village's natural resources, and promote the orderly development of land, development on parcels that contain excessively steep slope areas, which parcel on the effective date of this chapter is in excess of 40,000 square feet and is in single, undivided ownership, shall be limited by deducting the following from the gross lot area of such parcels to determine the net lot area [in conjunction with § 110-33.1B(1) herein]:

Steep slopes protection regulations.

Development limitations. To protect environmentally sensitive lands, preserve the Village's natural resources, and promote the orderly development of land, development on parcels that contain wetlands and waterways, which parcel on the effective date of this chapter is in excess of 40,000 square feet and is in single, undivided ownership, shall be limited by deducting the following from the gross lot area of such parcels to determine the net lot area (in conjunction with § 110-33.1A(1) herein:

Development on parcels that contain any wetlands or waterways shall comply with Chapter 107, Wetlands and Drainage Control.

To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

To increase employment and business development in the Village, to the extent reasonably practical, by furthering the installation of solar energy systems;

To mitigate the impacts of solar energy systems on environmental resources such as forests, wildlife and other protected resources;

To create synergy between solar and the stated goals of the community pursuant to its Comprehensive Plan, such as the protection of environmental resources, assuring that community services sufficiently meet the needs of the Village's current and future population, and promote a balanced pattern of future land use;

To invest in a locally generated source of energy and to increase local economic value, rather than importing nonlocal fossil fuels;

To align the laws and regulations of the community with several policies of the State of New York, particularly those that encourage distributed energy systems;

To diversify energy resources to decrease dependence on the grid;

To make the community more resilient during storm events; and

The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Village of Mount Kisco after the effective date of this section, excluding general maintenance and repair.

Legally authorized solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing solar energy system that increase the solar energy system area by more than 20% of the original area of the solar energy system (exclusive of moving any fencing) or fail to comply with zoning shall be subject to this section.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Code of the Village/Town of Mount Kisco ("Village Code").

A building permit shall be required for installation of all solar energy systems.

Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").

Unless specifically superseded herein, all other chapters of this Code and any other applicable county, state or federal law or regulation shall apply.

The Building Inspector or the Planning Board shall have the discretionary authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary, including but not limited to the Fire Department, and emergency service providers, for reviews and recommendations.

Roof-mounted solar energy systems.

Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Tier one solar energy systems may also be installed on the roof of an accessory structure provided that collectively such panels shall not exceed 750 square feet and shall comply with zoning requirements for accessory structures.

Applications for the installation of Tier 3 solar energy system shall be subject to all rules, referrals, procedures and requirements applicable to special permit and site plan applications.

Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment.

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Signage.

Glare. All solar panels shall have anti-reflective coating(s).

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Tree-cutting. Removal of existing trees larger than eight inches in diameter should be minimized to the extent practicable and a mitigation/replanting plan shall be required on and/or off site pursuant to Chapter 99. Mitigation shall be determined based upon the area of disturbance as determined by the Planning Board. In determining any replanting or replacement, the Planning Board may require a pollinator-friendly habitat as an additional means of mitigation.

Decommissioning.

Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. Any site plan application shall, in addition to the material required by § 110-45, include the following information:

Special use permit standards.

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan.

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

Solar energy systems, and access to same, shall be maintained in good working order, in accordance with industry standards, and as may be specified or required by the Planning Board.

The special use permit and site plan approval for a solar energy system shall be subject to commencement of construction within 12 months from the date of site plan approval. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 12 months after commencement of construction, the Planning Board, upon prior written application of the applicant, may extend the time to complete construction for an additional six months. If the applicant fails to achieve substantial completion after 24 months, the approvals shall expire.

Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Village may notify and instruct the property owner and operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.

If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Village may remove of the solar energy system, restore the site in accordance with the decommissioning plan and place a lien on the property for the cost of such undertaking.

If, at the time of decommissioning, the property owner desires to pursue a utilization of the area different from the restoration set forth in the decommissioning plan, said owner shall pursue a site plan amendment in a timely fashion so that the application, approval and implementation may all be completed before the expiration of the three-hundred-sixty-day period referenced in Subsection I(2). Said application shall comply with then existing zoning regulations.

No personal wireless service facility (PWSF) as such terms defined in § 110-3.3C shall be sited, constructed, reconstructed, installed, materially changed or altered, expanded, replaced or used unless in conformity with this section.

For the installation, construction, erection, relocation, substantial expansion, or material alteration of any PWSF, the Village shall require a special permit pursuant to the provisions of this section, which shall be applied for in accord with the procedure set forth in § 110-46 unless otherwise provided herein below.

The performance of maintenance, routine maintenance, in-kind replacement of components, and/or repairs (as defined herein) with no expansion to an existing PWSF and/or existing personal wireless service equipment shall not require a special permit.

Each application for a special permit under this section and each individual PWSF for which an application for a special permit is submitted shall be considered based upon the individual characteristics of each respective installation at each proposed location as an individual case. In other words, each installation, at each proposed location, shall be reviewed and considered independently for its own characteristics and potential impacts, irrespective of whether the proposed facility is designed and intended to operate independently or whether the installation is designed and/or intended to operate jointly as part of a distributed antenna system.

The purpose of this section is to promote the health, safety, and general welfare of the residents of the Village of Mount Kisco and to preserve the scenic, historical, natural, and man-made character and appearance of the Village while simultaneously providing standards for the safe provision, monitoring, development, replacement, and removal of cell towers and other personal wireless service facilities consistent with applicable federal, state and local laws and regulations.

Consistent with the balancing of interests which the United States Congress intended to embed with the federal Telecommunications Act of 1996[1] (hereinafter "the TCA"), § 110-33.3 is intended to serve as a smart planning provision, designed to achieve the four simultaneous objectives of: (a) enabling personal wireless service providers to provide adequate personal wireless services throughout the Village so that Village residents can enjoy the benefits of same, from any FCC-licensed wireless carrier from which they choose to obtain such services, while (b) minimizing the number of cell towers and/or other personal wireless service facilities needed to provide such coverage, (c) preventing, to the greatest extent reasonably practical, any unnecessary adverse impacts upon the Village's communities, residential areas, residents, and individual homes, and (d) complying with all of the legal requirements which the TCA imposes upon the Village, when the Village receives, processes and determines applications seeking approvals for the siting, construction, replacement, and operation of cell towers and/or other personal wireless service facilities.

The Village seeks to minimize, to the greatest extent possible, any unnecessary adverse impacts caused by the siting, placement, physical size, and/or unnecessary proliferation of, personal wireless service facilities, including, but not limited to, adverse aesthetic impacts, adverse impacts upon property values, adverse impacts upon the character of any surrounding properties and communities, adverse impacts upon historical and/or scenic properties and districts, and the exposure of persons and property to potential dangers such as structural failures, ice fall, debris fall, and fire among others, known and unknown.

The Village also seeks to ensure that, in applying this section, the Planning Board ("Board") or the Village Board of Trustees if relevant ("Trustees") is vested with sufficient authority to require applicants to provide sufficient, accurate, and truthful probative evidence, to enable the Board or Trustees to render factual determinations consistent with both the provisions set forth herein below and the requirements of the TCA when rendering decisions upon such applications.

To achieve the objectives stated herein, the Village seeks to employ the "General Authority" preserved to it under Section 47 U.S.C.A. § 332(c)(7)(A) of the TCA to the greatest extent which the United States Congress intended to preserve those powers to the Village, while simultaneously complying with each of the substantive and procedural requirements set forth within the subsection 47 U.S.C.A. § 332(c)(7)(B) of the TCA.

Type I applications colocations of small wireless facilities. Type I applications shall be limited to applications wherein an applicant seeks to co-locate a new small wireless facility, as defined in this section, by installing new personal wireless service equipment upon an already existing small personal wireless services facility structure. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type I application. Type I applications for co-location of a small wireless facility in all districts delineated in § 110-2 of the Zoning Law outside of the PWSFDO shall require an applicant to obtain a special permit from the Board. Type I applications for co-location of a small wireless facility within the PWSFDO shall be governed by § 110-27.1.

Type II applications colocations which do not meet the definition of a small wireless facility. Type II applications shall be limited to applications wherein an applicant is seeking to co-locate new personal wireless service equipment by installing such new wireless equipment upon an already existing personal wireless services facility structure, tower, or complex, which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure. Type II applications for co-location of personal wireless service facility equipment in all districts delineated in § 110-2 of the Zoning Law shall either be a permitted use with a building permit, or a special permit, as set forth below.

Type III applications new small wireless facilities. Type III applications shall be limited to applications seeking to install and/or construct a new small wireless facility as defined in § 110-3.3C hereinabove. Type III applications in all districts delineated in § 110-2 of the Zoning Law outside of the PWSFDO shall require an applicant to obtain a special permit from the Board. Type III applications within the PWSFDO shall be governed by § 110-27.1.

Type IV applications new towers and all other wireless facilities. Type IV applications shall include applications for the installation of a new telecommunications tower, personal wireless service facility, complex, structure, or equipment, which does not meet the criteria for Type I, Type II, or Type III applications. Type IV applications in all districts delineated in § 110-2 of the Zoning Law outside of the PWSFDO shall require an applicant to obtain a special permit and site plan approval from the Board. Type IV applications, within the PWSFDO shall be governed by § 110-27.1.

Type I applications colocations of small wireless facilities 60 days.

Type II applications colocations on existing towers, structures or other facilities which do not meet the definition of a small wireless facility 90 days.

Type III applications new small wireless facilities 90 days.

Type IV applications new towers and all other wireless facilities 150 days.

Tolling of the applicable shot clock due to incompleteness and/or applicant error.

Shot clock extension by mutual agreement.

Reasonable delay extensions of shot clock periods.

Applications for special permits under this section shall be made to the Building Inspector, who shall initially determine whether or not the application is complete and/or free of defects upon receipt of the same.

If the Building Inspector determines that the application is defective or incomplete, they shall promptly mail a notice of incompleteness to the applicant, in accord with § 110-3.3E to toll the applicable shot clock, to ensure that the Village and the Board are afforded sufficient time to review and determine each respective application.

Each application shall include the following materials, the absence of any one of which listed hereinbelow, shall render the respective application incomplete:

Small wireless facilities. Small wireless facilities (SWF) shall be sited to inflict the minimum adverse impacts upon individual residential properties, schools, and houses of worship, and specifically, to minimize, to the greatest extent reasonably feasible, adverse aesthetic impacts upon residential homes or reductions in the property values of same.

Telecommunications towers and personal wireless service facilities which do not meet the definition of a small wireless facility. The design of a proposed new telecommunications tower or personal wireless service facility shall comply with the following:

Public hearings. The Board shall conduct a public hearing upon each special permit application, consistent with the procedures in § 110-46, except the Board shall have authority to schedule such additional or more frequent public hearings as may be necessary to comply with the applicable shot clocks imposed upon the Village and the Board under the requirements of the TCA.

Required public notices.

Evidentiary standards. In determining special permit applications for personal wireless service facilities, the Board shall have sole discretion to determine what probative evidence it shall require each applicant to produce in support of its application to enable the Board to make each of the factual determinations enumerated below. By way of common examples of the types of evidence which the Board may require an applicant to produce, are the following:

Factual determinations. To decide applications for special permits under this section, the Board shall render factual determinations, which shall include two specific types of factual determinations, as applicable. First, the Board shall render local zoning determinations according to Subsection K(2)(a) hereinbelow. Then, if, and only if, an applicant asserts claims that: (a) its proposed wireless facility or installation is necessary to remedy a significant gap in personal wireless services for an explicitly identified wireless carrier; and (b) that its proposed installation is the least intrusive means of remedying a specifically identified significant gap or gaps, the Board shall additionally render TCA determinations, in accordance with Subsection K(2)(b) hereinbelow. The Board shall separately record each factual determination it makes in a written decision and shall reference, or make note of, the evidence based upon which it rendered each of its factual determinations. Each factual determination made by the Board shall be based upon substantial evidence. For purposes of this provision, "substantial evidence" shall mean such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It means less than a preponderance but more than a scintilla of evidence. Evidence which the Board may consider shall include any evidence submitted in support of an application, and any evidence submitted by anyone opposing a respective application, whether such evidence is in written, oral, or photographic form, or whether it is in the form of testimony by any expert, or any person who has personal knowledge of the subject of their testimony. The Board may, of course, additionally consider as evidence any information or knowledge which they, themselves, personally possess, and any documents, records or other evidence which is a matter of public record, irrespective of whether such public record is a record of the Village, or is a record of or is maintained by, another federal, state, local, and/or other governmental entity and/or agency which maintains records which are available for, or subject to, public review. The requirements for specific factual determinations set forth below are intended to inure to the benefit of the Village, its residents, and property owners, and not applicants. If, and to the extent that the Board fails to render one or more of such determinations, that omission shall not constitute grounds upon which the respective applicant can seek to annul, reverse or modify any decision of the Board.

Use of consultants. Where deemed reasonably necessary by the Board and/or the Village, the Board and/or the Village may retain the services of professional consultants to assist the Board in carrying out its duties in deciding special permit applications for personal wireless service facilities. Where the Board uses the services of private engineers, attorneys, or other consultants for purposes of engineering, scientific, land use planning, environmental, legal, or similar professional reviews of the adequacy or substantive aspects of applications, or of issues raised during the course of review of applications for special permit approvals of personal wireless service facilities, the applicant and landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and necessary costs incurred by the Village for such services. In no event shall that responsibility be greater than the actual cost to the Village of such engineering, legal, or other consulting services.

Advance deposits for consultant costs. The Village and/or Board may require advance periodic monetary deposits held by the Village on account of the applicant or landowner to secure the reimbursement of the Village's consultant expenses. The Board shall establish policies and procedures for the fixing of escrow deposits and the management of payment from them. After audit and approval of itemized vouchers by the Village Treasurer as to reasonableness and necessity of the consultant charges, the Village may make payments from the deposited funds for engineering, legal or consultant services. Upon receiving a request by the applicant or landowner, the Village shall supply copies of such vouchers to the applicant and/or landowner reasonably in advance of audit and approval, appropriately redacted where necessary to shield legally privileged communications between Village officers or employees and the Village's consultant. When it appears that there may be insufficient funds in the account established for the applicant or landowner by the Village to pay current or anticipated vouchers, the Village shall cause the applicant or landowner to deposit additional sums to meet such expenses or anticipated expenses in accordance with policies and procedures established by the Board. Consultants shall undertake no review on any matter scheduled before the Board until the initial escrow deposit has been made or requested replenishment of the escrow deposit has been made. No reviewing agency shall be obligated to proceed unless the applicant complies with escrow deposit requirements.

Reasonable limit upon consultant expenses.

Audits upon the request of an applicant. Upon request of the applicant or landowner, the Board shall review and audit all vouchers and determine whether such engineering, legal and consulting expenses are reasonable in amount and necessarily incurred by the Village in connection with the review and consideration of a special permit application for personal wireless service facility. In the event of such a request, the applicant or landowner shall be entitled to be heard by the Board on reasonable advance notice. The determination of the Board shall be deemed final.

Liability for consultant expenses. For a land-use application to be complete, the applicant shall provide the written consent of all owners of the subject real property, both authorizing the applicant to file and pursue land development proposals and acknowledging potential landowner responsibility, under this section, for engineering, legal, and other consulting fees incurred by the Village. If different from the applicant, the owner(s) of the subject real property shall be jointly and severally responsible for reimbursing the Village for funds expended to compensate services rendered to the Village under this section by private engineers, attorneys, or other consultants. The applicant and the owner shall remain responsible for reimbursing the Village for its consulting expenses, notwithstanding that the escrow account may be insufficient to cover such expenses. No special permit, building permit or other permit shall be issued until reimbursement of costs and expenses determined by the Village to be due. In the event of failure to reimburse the Village for such fees, the following shall apply:

Small wireless facilities. Within all districts delineated in § 110-2 all small wireless facilities shall be set back a minimum of 300 feet from any residential dwelling or structure, unless the facility is being installed upon a pre-existing utility pole or is being co-located upon a pre-existing personal wireless service facility.

Cell towers and all personal wireless service facilities that do not meet the definition of a small wireless facility.

Small wireless facilities. Personal wireless service facilities which meet the definition of a small wireless facility shall not exceed a maximum height of 45 feet aboveground elevation in all districts delineated in § 110-2.

Non-small wireless facilities. Personal wireless service facilities which do not meet the definition of a small wireless facility shall not exceed a maximum height of 100 feet aboveground elevation in all districts delineated in § 110-2.

Type I applications; no use variance required. Type I applications for co-location of a small wireless facility in all districts delineated in § 110-2 outside of the PWSFDO shall be a special permit use, requiring an applicant to obtain a special permit from the Board. Type I applications for co-location of a small wireless facility within the PWSFDO shall be governed by § 110-27.1.

Type II applications; no use variance required unless determined otherwise.

Type III applications; no use variance required. Applications for installing new small wireless facilities that meet the criteria for Type III applications shall be considered a special permit use in all districts outside of the PWSFDO. They shall require a special permit and building permit but shall not require a variance, unless they do not meet the applicable setback requirements or height limitation. Type III applications within the PWSFDO shall be governed by § 110-27.1.

Type IV applications variance requirements. Type IV applications seeking approval for the installation of a new cell tower and/or all other wireless facilities that are not a small wireless facility in all districts outside of the PWSFDO shall be a prohibited use which shall require a use variance, special permit, building permit, and area variance if the proposed installation does not meet the applicable height limitation and/or setback requirements. Type IV applications within the PWSFDO shall be governed by § 110-27.1.

If, and to the extent that, the Board determines a proposed installation bears the potential for a significant adverse impact upon the environment within the meaning of SEQRA and/or the NEPA, then the Board shall be expected to comply with the requirements of SEQRA in determining both: (a) the extent of adverse impacts upon the environment and/or historic properties; and (b) what mitigation measures the applicant should be required to undertake to minimize the adverse environmental impacts and/or adverse impacts upon historic sites, structures and/or districts.

If a respective applicant fails to obtain a review from the NYSDEC and/or NEPA and opinion letters from the NYSDEC and the FCC pertaining to its proposed installation prior to a first public hearing before the Board for the respective application, then the Board may make direct requests to the NYSDEC and the FCC for their review of the application. The Board may request SHPO and the FCC's review and input in completing the statutorily-required environmental impact analysis pursuant to SEQRA and NEPA.

In addition, the Board shall comply with the statutory requirements of SEQRA to complete a SEQRA review, make determinations of significance, and where appropriate, require the applicant to complete a draft environmental impact statement, and if additionally appropriate, to thereafter complete a final environmental impact statement and analysis.

So long as the Board acts with reasonable diligence in completing its SEQRA and NEPA review, if compliance with the statutory requirements for environmental review requires a period of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond such period shall be deemed reasonable.

The Board shall consider the potential adverse impacts of any proposed facility upon any historic site, district, or structure consistent with the requirements of the Village's historic preservation law and comprehensive plan and SEQRA.

If, and to the extent that, the Board determines that a proposed installation bears the potential for a significant adverse impact upon a historic site or a historic district within the meaning of SEQRA and/or the NHPA (especially if the historic site at issue is listed upon the national register of historic places), then the Board shall comply with the requirements of both SEQRA and Village law in determining both: (a) the extent of adverse impacts upon the historic properties; and (b) what mitigation measure might the applicant be required to undertake to minimize the adverse environmental impacts and/or adverse impacts upon historic sites, structures and/or district.

Should a respective applicant fail to obtain a SHPO and/or a Section 106 review under NHPA, and opinion letters from SHPO and the FCC pertaining to its proposed installation prior to a first public hearing before the Board for the respective application, then the Board shall make direct requests to SHPO and the FCC for their review of the application. They shall request SHPO and the FCC's review and input in completing the statutorily-required environmental/historic impact analysis pursuant to SEQRA and NHPA.

This request shall include, but not be limited to, a request to the FCC for a Section 106 review, as defined in this section, as the Village recognizes each application for a special permit for the installation of a personal wireless services facility shall constitute "an undertaking" for purposes of compliance with the National Historic Preservation Act.[3]

In addition, the Board shall comply with the statutory requirements of SEQRA to complete a SEQRA review, make determinations of significance, and where appropriate, require the applicant to complete a draft environmental impact statement, and if additionally appropriate, to thereafter complete a final environmental impact statement and analysis.

So long as the Board acts with reasonable diligence in completing its SEQRA and NHPA review, if compliance with the statutory requirements for historic preservation review requires a period of effort that extends beyond the expiration of the applicable shot clock period, the delays beyond such period shall be deemed reasonable.

In the event that an applicant tenders eleventh-hour submissions to the Village and/or the Board in the form of: (a) expert reports; (b) expert materials; and/or (c) materials which require a significant period for review due either to their complexity or the sheer volume of materials which an applicant has chosen to provide to the Board at such late point in the proceedings, the Board shall be afforded a reasonable time to review such late-submitted materials.

If reasonably necessary, the Board shall be permitted to retain the services of an expert consultant to review any late-submitted expert reports which were provided to the Board, even if such review or services extend beyond the applicable shot clock period, so long as the Board completes such review and retains and secures such expert services within a reasonable period of time thereafter, and otherwise acts with reasonable diligence in completing its review and rendering its final decision.

As disclosed upon the FCC's public internet website, personal wireless services facilities erected at any height under 200 feet are not required to be registered with the FCC.

Of even greater potential concern to the Village is the fact that the FCC does not enforce the RF radiation limits codified within the CFR by either: (a) testing the actual radiation emissions of wireless facilities either at the time of their installation or at any time thereafter; or (b) requiring their owners to test them. See relevant excerpts from the FCC's public internet website annexed as Appendix 2.[4]

This means that when wireless facilities are constructed and operated within the Village, the FCC will have no idea where they are located and no means of determining, much less ensuring, that they are not exposing residents within the Village and/or the general public to illegally excessive levels of RF radiation.

The Village deems it to be of critical importance to the health, safety, and welfare of the Village, its residents, and the public at large that personal wireless service facilities do not expose members of the general public to levels of RF radiation that exceed the limits which have been deemed safe by the FCC, and/or are imposed under CFR.

In accord with the same, the Village enacts the following RF radiation testing requirements and provisions set forth herein below.

No wireless telecommunications facility shall at any time be permitted to emit illegally excessive RF radiation as defined in § 110-3.3C or to produce power densities that exceed the legally permissible limits for electric and magnetic field strength and power density for transmitters, as codified within 47 CFR 1.1310(e)(1), Table 1 Sections (i) and (ii), as made applicable pursuant to 47 CFR 1.1310(e)(3).

To ensure continuing compliance with such limits by all owners and/or operators of personal wireless service facilities within the Village, all owners, and operators of personal wireless service facilities shall submit reports as required by this section.

As set forth hereinbelow, the Village may additionally require, at the owner and/or operator's expense, independent verification of the results of any analysis set forth within any reports submitted to the Village by an owner and/or operator.

If an operator of a personal wireless service facility fails to supply the required reports or fails to correct a violation of the legally permissible limits described hereinabove, following notification that their respective facility is believed to be exceeding such limits, any special permit or other zoning approval granted by the Board or any other Board or representative of the Village is subject to modification or revocation by the Board following a public hearing.

Bond requirement.

Removal of abandoned facilities.

Balancing of interests.

Conflict with federal or state laws. To the extent that any provision of this section is found to conflict with any applicable federal or state law, it is the intent of the Village that the remaining portion of this section which has not been found to conflict with such law be deemed to remain valid and in full force and effect.