Munsey Park City Zoning Code
ARTICLE VII
General and Supplementary Regulations
§ 200-30 Construction in progress. [1]
Nothing herein contained shall require any change in the plans of buildings, the construction of which has proceeded to the completion of foundations and the setting of the first floor beams at the time of the adoption of this chapter, and the construction of which shall be diligently prosecuted within a year of passage hereof, and shall be completed within such year. The Board of Appeals may, in its discretion, extend the date of completion beyond the one year above fixed.
[1]
Editor's Note: Original Sec. Z306-1, which immediately preceded this section, was repealed 12-13-1989 by L.L. No. 4-1989. Said local law also provided for renumbering of subsequent sections.
§ 200-31 Restoration.
[Amended 12-13-1989 by L.L. No. 4-1989; 1-10-2024 by L.L. No. 7-2024]
Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or the public enemy, to the extent of not more than 50% of the total floor area of the building, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction or under the limitations and restrictions imposed by Article VI. But any building destroyed in the manner aforesaid to an extent exceeding 50% of the total floor area of the building at the time of its destruction may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of the current Village Code and regulations at the time of the reconstruction.
§ 200-31.1 Roofing.
[Added 12-9-2015 by L.L. No. 3-2015]
A.
All new pitched roofs shall be finished with a good grade of natural quarried slate. A pitched roof' that is required to be finished with slate is defined to be a roof which shall have minimum slope equivalent to four inches in vertical height for each 12 inches of horizontal dimension. All roofs with more gradual slopes on buildings required to be finished with slate roofs are deemed to be flat roofs.
B.
Existing roofs may be replaced, provided that the same material and color are used, except that existing wood roofs may only be replaced with material having a Class A fire rating.
§ 200-32 Parking and storage of vehicles.
[Added 11-8-1972; amended 3-7-1973; 10-8-1986 by L.L. No. 5-1986; 2-12-1992 by L.L. No. 1-1992[1]]
A.
Only Class 1 vehicles, as defined in the Vehicle and Traffic Law, shall be stored in Munsey Park. No bus, trailer, sleeping bus, sleeping car, or any other vehicle which is designed or used for living or sleeping shall be parked, stored, or maintained on any lot in Munsey Park. In case of special hardship, upon written application by a resident, the Board of Trustees may issue a temporary permit for such parking or storage.
[Amended 10-10-2001 by L.L. No. 2-2001]
B.
No truck or commercial-type vehicle shall be parked on any lot in the Residence Districts of Munsey Park except when being used in performing a service for the resident of the lot upon which such vehicle is parked, and when so marked or lettered on the outside of such vehicle as to state the name and address of the owner of such vehicle.
C.
Vehicles shall not be stored in a Residence or Business District on any portion of a lot except on a driveway or in a location designated on an approved on-site parking plan.
[1]
Editor's Note: Local Law No. 1-1992 also provided for the repeal of original Sec. Z307-3, Garage Exceptions, which was located here; for the moving of this section, Parking and storing of vehicles, from its original location as Sec. Z307-15; and for the renumbering of subsequent sections.
§ 200-33 Off-street parking and loading requirements.
[Amended 11-8-1972; 3-7-1973; 7-9-1980 by L.L. No. 3-1980; 8-14-1985 by L.L. No. 4-1985; 10-8-1986 by L.L. No. 5-1986; 7-27-1989 by L.L. No. 2-1989; 10-9-1996 by L.L. No. 3-1996; 10-10-2001 by L.L. 2-2001; 1-10-2024 by L.L. No. 8-2024]
A.
Required parking spaces. Off-street parking spaces shall be provided in accordance with the Schedule of Parking Requirements set forth in this subsection.
Schedule of Parking Requirements | |
|---|---|
Use | Minimum Off-Street Parking Spaces |
Funeral home | 1 per employee, plus 1 per 50 square feet of floor space in assembly rooms, plus 1 for each commercial vehicle garaged on the lot |
Places of worship, auditorium, athletic field, or other public assembly or school | 1 for each 3 seats; or in places without seats, 1 for each 100 square feet of floor space used for public assembly |
Professional or business office or studio | 1 space for every 200 square feet of floor area |
Restaurant | 1 space for every 3 seats, or 1 space for each 75 square feet of floor area, whichever is greater, plus 1 space per employee for the maximum number of employees on the premises at any one time |
Retail or service business | 1 space for every 200 square feet of floor area |
Telephone exchange | 1 for each 500 square feet of floor area |
(1)
Reasonable and appropriate off-street parking requirements for land uses which do not fall within the categories listed above shall be determined by the Board of Trustees upon consideration of all factors entering into the parking needs of each such use.
B.
All parking spaces provided on any lot shall be developed on-grade, and shall be open and unobstructed to the sky.
C.
Aisles. The width of aisles providing access to parking spaces shall conform to at least the following standards:
(1)
If the parking angle is between 80° and 90°, aisles shall be at least 25 feet wide, whether they be designed for one- or two-way traffic.
(2)
If the parking angle is less than 80° and aisles are designed for one-way traffic only, aisle width shall conform to at least the following standards:
Parking Angle (degrees) | Minimum Aisle Width (feet) |
|---|---|
0° to less than 60° | 14 |
60° to less than 80° | 19 |
D.
Reserved parking for handicapped persons. In accordance with § 1203-a et seq. of the Vehicle and Traffic Law, the New York State Building Code and the Americans with Disabilities Act[1] where at least 20 parking spaces are to be provided for use of employees or patrons, the lesser of 5% or 10 spaces shall be reserved for handicapped persons. Parking spaces reserved for handicapped persons shall be clearly identified by use of blue striping and appropriate markings or the international symbol of access.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
E.
Lighting of parking areas. The intensity of lighting of parking lots shall average 1.5 footcandles throughout. All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°. Where said parking areas directly abut residential districts, the lighting fixtures and equipment shall be designed and installed so as to shield such residential districts by reflecting the lights of the parking areas away therefrom. Pathways, sidewalks and trails shall be lighted with low or mushroom-type standards. No light shall be more than 12 feet above ground level.
F.
Access. Unobstructed access to and from a street, so designed as to not require the backing of any vehicle across a sidewalk or into the street right-of-way, shall be provided for all parking spaces. Such access shall consist of at least one twelve-foot-wide lane for parking areas with less than 30 parking spaces and at least two ten-foot-wide lanes for parking areas with 30 parking spaces or more.
G.
Paving. All parking and loading areas and access driveways shall be paved with a hard, dustless surface and maintained in such condition as to eliminate dust, dirt and mud.
H.
Drainage. Adequate drainage shall be provided for all parking and loading areas so that surface water will not drain onto or across any sidewalk, curb, street or abutting property.
§ 200-34 Reduction of existing front yards and setbacks.
No existing front yard, street yard or setback may be reduced, diminished or changed except in certain cases of hardship, and such reduction, diminution or change shall be subject to the prior approval of the Board of Trustees upon written application therefor setting forth the nature of such hardship.
§ 200-35 Swimming pools.
[Amended 11-8-1972; 3-7-1973; 6-11-1980; 7-9-1980 by L.L. No. 2-1980; 11-14-1984 by L.L. No. 4-1984; 12-13-1989 by L.L. No. 4-1989; 10-10-2001 by L.L. No. 2-2001; 1-10-2024 by L.L. No. 9-2024]
A.
A swimming pool is permitted as an accessory use subject to the regulations applicable to accessory uses and subject to the additional regulations set forth in this section. For the purpose of computing the building area, the required yards, and the distances from the lines of the lot, the walls or platform along the side of the pool, the base for the springboard or diving platform, and the foundation for the purifying apparatus, if any, shall be included. No swimming pool or part thereof shall be constructed or maintained in the front yard. All swimming pools shall be constructed with walls of reinforced concrete of proper mix, thickness and reinforcing to retain earth for heights specified when the pool is empty.
B.
The floor shall be of properly reinforced concrete or another method approved by the Board of Trustees in consultation with the Building Inspector.
C.
Design, with seal of engineer or architect, shall be submitted for approval.
D.
Each pool shall be provided with permanently installed facilities for the complete draining thereof. Such facilities shall include provisions, approved by the Building Inspector, for disposing of the entire contents of the pool by means of diffusion wells or otherwise beneath the surface of the ground within not more than 24 consecutive hours. Such facilities shall be entirely separate from the house drains and house sewer. In no case may the contents of the pool be permitted to discharge directly or indirectly into a street or public drain or catch basin or pond or watercourse, or in, upon or under the lands of another person without his written consent, or in such a way as to adversely affect the functioning of the house drains or house sewer of another property.
E.
No cabanas shall be created.
F.
No overhead lighting will be permitted.
G.
All pools shall be fenced in accordance with applicable provisions of the New York State Uniform Fire Prevention and Building Code and shall be shrubbed with evergreens to conceal the view of said fence from adjoining properties and from the street. The location, nature and design of the fence shall be approved before installation by the Board of Trustees. A landscaping plan shall be approved before installation by the Board of Trustees and thereafter maintained in good condition, appearance and health as long as the pool shall remain.
H.
Consent of adjoining property owners shall be obtained at request of the Village Board.
I.
A swimming pool shall be considered as new construction for fee purposes.
J.
Plumbing shall comply with the applicable provisions of the Plumbing Code of the State of New York.
K.
All accessory equipment, including but not limited to purifying equipment, heater, salinization or other mechanical equipment, shall be located in the side yard or any rear yard of any residential property having a setback depth from the adjacent property of not less than the applicable minimum required side yard setback and shall be in a location approved by the Board of Trustees upon application showing the proposed location of the equipment, approximate distance to the dwelling on adjacent properties, proposed or actual landscape screening and decibel information of the applicable equipment as requested by the Board of Trustees.
L.
No swimming pool shall be constructed on a plot containing less than 12,000 square feet.
M.
There shall be a distance between the swimming pool and each of the side and rear lot lines of at least 25 feet of landscaped area.
N.
A swimming pool shall be at least 15 feet distant from any other building or structure on the plot.
O.
A swimming pool shall be constructed only in the rear yard.
P.
For the purposes of this chapter, a swimming pool shall be considered an accessory structure.
§ 200-36 Air conditioning.
[Amended 2-8-1983 by L.L. No. 2-1983; 12-13-1989 by L.L. No. 4-1989; 4-12-1995 by L.L. No. 3-1995]
A.
No air-conditioning system or unit can be installed in any building in a Residence District unless it meets the following standards:
(1)
Central air conditioners must conform to the following:
(a)
All exterior systems, units, structures or apparatus for a central air conditioner:
[1]
May not be installed in a front yard, a required side yard, or within an extension of the required side yard, except on a corner lot, in which event they must be installed in a side yard having the greatest width.
[Amended 6-13-2012 by L.L. No. 1-2012]
[2]
Must be completely screened from adjoining properties and from the street by evergreen shrubs having a minimum height of six inches above the highest point of the system or unit being screened.
(b)
No central air conditioner can be installed unless an application is first made to the Building Inspector, which application shall include:
[1]
Plans and specifications depicting the system, the location of all components, any baffling or noise attenuating devices or appurtenances, and the type, size and location of all screening shrubbery for external components; and
[2]
An affidavit from the installer certifying that the installation complies with this section of this chapter and Chapter 119, Noise, of the Code of the Village of Munsey Park, as well as to all manufacturers' standards and instructions relating to the construction, maintenance and installation of the air-conditioning system.
(2)
Wall air conditioners must conform to the following:
(a)
Wall air conditioners can only be installed in a building wall facing a rear or a side yard.
(b)
No wall air-conditioning unit can be installed unless an application is first made to the Building Inspector, which application shall include:
[1]
Plans and specifications depicting the unit, its location, and its appearance from the outside of the building as installed; and
[2]
An affidavit from the installer certifying that the installation complies with this section of this chapter and Chapter 119, Noise, of the Code of the Village of Munsey Park, as well as to all manufacturers' standards and instructions relating to the construction, maintenance and installation of the air conditioning system.
(3)
Window air conditioners with a capacity of 12,000 British thermal units (BTU) or less can be installed in a window facing a side or a rear yard without any permit. A window air conditioner with a capacity of 12,000 BTUs or less may be installed in a window facing the front yard after application is made to the Building Inspector showing there are no windows in the room in which the air conditioning unit is to be installed facing either a side or a rear yard. All other window air conditioners must conform to the provisions of Subsection A(2) of this section, relating to wall air conditioners.
B.
The following definitions shall be applicable:
CENTRAL AIR CONDITIONER
An air-conditioning system designed and installed to cool an entire building or major portion thereof from an interior location, although components may be installed outside the building walls.
WALL AIR CONDITIONER
A self-contained air-conditioning unit installed in the exterior wall of a building.
WINDOW AIR CONDITIONER
A self-contained air-conditioning unit installed in a window of a building.
§ 200-36.1 Generators.
[Added 6-26-2013 by L.L. No. 4-2013]
A.
A permanent standby generator or a portable generator shall be located in the rear yard of any residential property, but not in the rear yard setback and not in any required side yard setback or prolongation of the side yard setback, but on a corner lot, a permanent standby generator or a portable generator must be installed in the side yard having the greatest width.
B.
The generator must be completely screened from adjoining properties and from the street by evergreen shrubs having a minimum height of six inches above the highest point of the generator being screened.
§ 200-37 Fences.
[Amended 12-13-1989 by L.L. No. 4-1989; 8-14-1996 by L.L. No. 1-1996; 10-17-2000 by L.L. No. 3-2000; 5-14-2014 by L.L. No. 3-2014; 1-10-2024 by L.L. No. 10-2024]
It shall be unlawful to construct a fence in the Village of Munsey Park except that, in certain cases of hardship, the Village Board may permit erection of a fence for a temporary period provided it complies with the following:
A.
An affidavit must be submitted by the owner of the property guaranteeing that the fence will be removed, at his expense, one year from date of approval or at any time thereafter at the request of the Board.
B.
That application for a permit and drawings will be submitted including:
(1)
A plot plan showing the property, the house and the location of the fence (1/16 scale).
(2)
An elevation showing a typical ten-foot unit (one-half-inch scale), sections through pickets and posts (three-inch scale).
(3)
Drawings of any extreme variations.
C.
No fencing of any kind shall be permitted beyond the front or street line of any building or in any front or street yard.
D.
No fence shall be permitted on any side line, in any side yard, along the rear lot line or surrounding the rear yard unless along a Village boundary or such fence is set back from the separating line between properties at least three feet, and evergreen shrubs are planted and maintained to adequately screen this fence from the adjoining property.
E.
No fence shall be taller than four feet six inches high except as permitted around swimming pools in § 200-35, and as may be permitted by the Board of Trustees pursuant to either § 200-28B and C, or Subsection K of this section. Solid stone or brick fences shall not be permitted unless used as a retaining wall to retain earth. Creosote or other finishes of this type will not be permitted above grade.
F.
The owner shall pay a permit fee plus a zoning fee as determined by the Board of Trustees.[1]
(1)
Upon any application for the annual renewal of a fence permit, payment of a fee as established by the Board of Trustees shall be required.
[1]
Editor's Note: See Ch. A208, Fees.
G.
Any existing fence no longer needed will be removed and will not be replaced. Any existing fence in disrepair will be removed and not replaced. Existing fences installed prior to this section may be legalized if the Village is notified by letter of such previous installation. Such notification must be completed and approved within 60 days after adoption of this section. Any fence installed without notification or permit will be considered illegal and must be removed.
H.
The Board reserves the right to revoke or reject any permit, at any time, after one year of permit approval date.
I.
Fences on property lines shall be maintained by both adjacent parties. Fences entirely within a property shall be maintained by the owner of that property.
J.
Permanent fences shall be permitted at the outside perimeter of Munsey Park, including Northern Boulevard and Port Washington Boulevard. Permanent fences are also permitted when separating a business zone from a residence zone. Permanent fences shall not exceed eight feet in height when measured from the ground level beneath the fence, except that for any residence with a rear yard abutting Northern Boulevard, permanent fences shall not exceed 10 feet in height when measured from the adjacent grade level of Northern Boulevard and no more than 12 feet in height when measured from the ground level beneath the fence. Approval for permanent fences must be obtained from the Board of Trustees.
K.
There shall be no privet hedge or other perimeter planting in a front yard unless approved by the Village Board.
L.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.
M.
Opaque or wall-type fences are prohibited except:
(1)
Along a Village boundary;
(2)
Along Northern Boulevard and Port Washington Boulevard; and
(3)
Between a business district and adjoining residential district in the Village.
N.
The provisions of this § 200-37 shall not apply to fences which:
(1)
Are not more than four feet six inches in height when measured from the existing grade at the base thereof, except as required to enclose swimming pools;
(2)
Are constructed of dark green or black vinyl clad wire mesh that is not greater than 14 gauge wire;
(3)
Do not extend or encroach into a front yard;
(4)
Are intertwined or embodied in evergreen plantings that are located entirely on the property of the owner of the fence and that are at least as high as the fence. The plantings must screen the fence as far as reasonably practicable from any street or the abutting property, with the fence remaining only so long as the evergreen plantings are maintained to screen the fence;
(5)
Are completely within the boundary lines of the property being fenced; and
(6)
Are attached to supports that may be inserted in but are not permanently affixed to the ground.
§ 200-38 Antennas.
[Amended 3-12-1986 by L.L. No. 1-1986]
It shall be unlawful to install a short wave antenna, dish antenna or shortwave dish antenna in Munsey Park except that with special permission of the Village Board one antenna may be installed on a temporary basis provided it meets the following requirements:
A.
It must be installed by the owner of the premises who shall agree to remove it at his own expense if he moves or building is sold.
B.
Any permit issued pursuant to this section may be revoked by the Board of Trustees after one year.
[Amended 12-13-1989 by L.L. No. 4-1989]
C.
The height of the antenna is not more than 30 feet above the nearest grade.
D.
The width of the antenna will not be more than six feet.
E.
The applicant will submit scale drawings showing plan, elevation, foundation with dimensions and a plot plan.
F.
Antenna may only be installed in a rear yard and placed so that it is not visible from the street.
G.
All connections shall be made at rear of house so that wiring and supporting cables will not be visible from the street.
H.
Lightning arrester, arrester ground and antenna ground must be bonded and part of the installation.
I.
Distance between antenna and electric service and street wiring shall be such that in the event of overturning, contact cannot be made between antenna and live wires.
J.
Standard UHF/VHF television antenna of a type approved by the Board shall be permitted without application.
[Amended 12-13-1989 by L.L. No. 4-1989]
K.
A dish antenna in excess of one meter in diameter may only be installed at ground level of the rear yard and not closer than 10 feet from any rear or side property line.
[Added 3-12-1986 by L.L. No. 1-1986; amended 10-10-2001 by L.L. 2-2001]
L.
Evergreen shrubs shall be planted between a dish antenna and the rear and side property lines. The shrubs shall be the same height at time of planting as the highest point of the antenna and adequately spaced so that the antenna is totally screened from the adjoining properties.
[Added 3-12-1986 by L.L. No. 1-1986]
M.
The Board may require the applicant to secure the consent of adjoining property owners.
[Added 3-12-1986 by L.L. No. 1-1986]
§ 200-39 Storage of boats.
[Amended 12-13-1989 by L.L. No. 4-1989]
No boat may be stored in a Residence District unless:
A.
It is owned by the resident storing it; and
B.
It is stored within the confines of the building; and
C.
It is not used for commercial purposes; and
D.
Under no circumstances is it visible from the street; and
E.
It is no more than 20 feet in length.
§ 200-40 Signs.
No sign or advertising device shall be erected or attached to any building without the approval of the Board of Trustees. In addition to the approval of the Board of Trustees, all signs shall comply with the regulations set forth in this section and no sign, display or advertising device which is not classified herein shall be permitted.
A.
In a Residential District. In a Residential District, the following signs may be permitted and no other:
(1)
One sign displaying the house number, name and if permitted by this chapter the profession of the occupant of the premises, which sign shall not exceed six inches in height and 20 inches in width. Professional signs only may be illuminated. The sign may be attached to the building or on a post not more than six feet high and located at least 10 feet from the nearest property line. Any illumination shall be shielded so as not to disturb other residents.
(2)
One sign containing four square feet or less upon real property, stating that the property or a part thereof is for sale or rent; when not attached to a building, the same shall be located to conform with the minimum front and side yard setbacks of the district in which it is erected. Contractors' signs are not permitted.
B.
In a Business District. The following conditions shall govern the erection and maintenance of signs in a Business District:
(1)
No signs shall be permitted in a Business District except the following:
(a)
Signs permitted in a Residential District.
(b)
One wall sign applied or attached to the front of a building or store facing on a public street, subject to the following:
[Amended 7-27-1989 by L.L. No. 2-1989]
[1]
All signs shall be parallel to the face of the building and not project more than 12 inches.
[2]
No sign which is parallel to the face of the building shall exceed two feet in height or 15 feet in length, nor shall it be more than 22.5 square feet in area.
[3]
No sign may project outside the confines of the lot.
(c)
One pole sign. A pole sign on developed property shall not advertise any business or products sold other than the business conducted or the products sold on the premises. A pole sign shall not exceed a total area of 30 square feet with a maximum horizontal measurement of seven feet. The total maximum height of the sign structure shall not exceed 18 feet when measured from the existing crown of the nearest street with a minimum distance of 10 feet between the bottom of the sign and the surface of the ground. One pole sign shall be permitted for each 100 feet of street frontage of the plot on which it is erected and shall be located so that no part thereof shall project past any property line.
(d)
One ground sign on a developed plot where a business is conducted in a building having a front yard setback. Said sign shall be set parallel to the street line, except on corner lots where it may be set diagonally to the corner at least five feet back from the point of intersection of the street lines. Signs as described in this section will only be permitted where there is no other sign or advertising device erected or placed upon a building on the premises. Such signs shall be so located as to conform with the minimum front yard or established setback as provided for the district in which it is maintained except, however, that in no event shall any sign or part thereof extend closer than five feet to the front property line. An open space of at least three feet shall be maintained between the bottom of the sign and the ground. The area between the sign structure and the street line shall be maintained free of grass, weeds and debris. Such signs shall advertise only the business conducted or products sold on the premises and in no event shall the display surface of such sign exceed five feet in vertical dimension, eight feet in horizontal dimension or a total square foot area of 30 feet. Such signs, including the sign structure, shall not exceed a total height of nine feet when measured from the established street grade.
(2)
No right angle or projecting wall sign is permitted. A sign must be placed upon the front or face of a building and must be constructed and maintained parallel with building wall to which it is attached and extending outward from such wall, not more than 12 inches.
(3)
All signs on undeveloped property shall be set back at least 25 feet from any property line.
(4)
No show window display shall be so placed or illuminated as to be hazardous to users of the public highway or disturb occupants of any other building. Neon or lighted signs of any type are not permitted in show windows.
(5)
No sign shall be so illuminated as to create moving, flashing, flickering or intermittently lighted, visual images, nor shall animated, illuminated or so called "spectaculars" be permitted.
(6)
No signs may be erected above the cornice or parapet, nor on the roof, of any building.
(7)
All signs must be constructed in a manner acceptable to the Building Inspector. Signs containing electric wiring or electrical devices must be of metal. The safety and maintenance of all signs before, during and after erection will be the responsibility of the installer, tenant and owner of the premises in that order and the default of any shall shift the responsibility to the next.
(8)
All signs shall have white background with black numerals and letters except letters other than black including pastel colors may be used with special permission of the Board of Trustees. Neon signs are not permitted.
C.
Permits.
(1)
It shall be unlawful in the Village of Munsey Park to erect, maintain or display any bulletin, advertising structure, advertising sign or other advertising device upon buildings, structures or land without first obtaining a permit therefor from the Building Inspector as hereafter provided. Each advertising structure, sign, device or display for which a permit is required under the provisions of this section shall bear the permit number for same, and if erected or maintained by one engaged in the business of outdoor advertising, shall bear the name of the one so engaged. Nothing herein contained shall be construed to permit the erection, maintenance or display of any billboard or poster panel, nor any other type of sign other than those specifically permitted in this § 200-40. No permit or fee shall be required of any municipal authority.
(2)
A separate application for a permit as herein required shall be made for each separate advertising structure, sign or device on a form furnished by the Building Inspector. Each application shall be accompanied by the written consent of the owner of the real property upon which such structure, sign, device or display is to be erected or maintained. Application shall be made in like manner for a permit to maintain any existing structure, sign, device or display or to renew a permit.
(3)
No advertising structure, sign or device, whether new or existing, shall hereafter be altered, rebuilt, enlarged, extended, or relocated, except in conformity with the provisions of this § 200-40 and without the approval of the Building Inspector.
(4)
The Building Inspector shall issue permits and renewals thereof which shall be nontransferable and shall expire on January 1 of each year, upon finding that the proposed erection, maintenance and display are in conformity with the requirements of this chapter and the Building Code[1] as well as the requirements of any other public agency having jurisdiction. All permits shall be issued subject to such ordinances, codes and regulations. All permits previously granted shall expire upon the effective date hereof.
[1]
Editor's Note: See Ch. 87, Building Construction and Fire Prevention.
(5)
All outdoor advertising signs, structures or displays shall be removed by the one erecting, owning, maintaining or displaying the same or, in default of the removal by the one thus primarily charged with such duty, then by the owner or tenant of the premises upon which the structure or display is maintained, within 30 days from the date of the expiration of the permit therefor.
(6)
All applications for new permits under this § 200-40 shall be accompanied by a zoning fee plus a sign fee as established from time to time by resolution of the Board of Trustees. All applications for renewal of permits under this § 200-40 shall be accompanied by a fee as established from time to time by resolution of the Board of Trustees.[2] The Board of Trustees shall have the power to vary the requirements of this article upon such terms and conditions as it may deem necessary, or grant for limited periods of time applications for additional signs or for signs other than those herein specifically permitted under this § 200-40 of this chapter.
[Amended 10-10-2001 by L.L. 2-2001]
[2]
Editor's Note: See Ch. A208, Fees.
(7)
Existing signs.
(a)
Existing signs for which both plans and applications have been submitted and approved and do not meet the requirements of this § 200-40 shall be removed or made to meet the requirements of this chapter by January 1, 1972.
(b)
Existing signs for which both plans and applications have not been submitted and approved and do not meet the requirements of this § 200-40 shall be removed or made to meet the requirements of this chapter by March 1, 1971.
§ 200-41 Property maintenance. [1]
[Amended 10-10-2001 by L.L. 2-2001; 2-12-2014 by L.L. No. 2-2014; 1-10-2024 by L.L. No. 11-2024]
A.
Every owner of any house, store or building, and every person owning or being entitled to possession of any vacant lot or unimproved property, shall at all times keep the premises owned or occupied by them, or to which they are entitled to possession and use, free from accumulations of trash, garbage, refuse, rubbish or other debris, including overgrown weeds and plantings.
B.
All walks, sidewalks, driveways and exterior steps shall be kept in good repair.
C.
Front yard basketball courts, fountains, statuary, foot bridges, aluminum or plastic awnings or other unnecessary or unrelated ornamentation is not permitted without special application to and written approval of the Board.
(1)
Basketball hoops and poles in a front yard require permission of the Board of Trustees. Permission will be given automatically when they are attached to the front of the garage or when the pole is placed in the front of and next to the garage. Other locations in the front yard or driveway will be considered by the Board of Trustees with an aim of reducing the likelihood of a basketball hitting a neighbor's home. Under no circumstances may a basketball hoop be placed in the Village right-of-way.
D.
All garbage containers must be metal or plastic with tight covers. They must be readily available to the collector but out of view of the street.
E.
New owners should request a list of regulations which may be obtained from the Village Clerk.
F.
All properties within the Village shall be maintained in compliance with the Village Code and the Property Maintenance Code of New York State.
[1]
Editor's Note: See also Ch. 139, Property Maintenance.
§ 200-42 Solar energy installations.
[Added 11-11-1981 by L.L. No. 4-1981; amended 10-10-2001 by L.L. 2-2001; 1-10-2024 by L.L. No. 12-2024]
A.
Purpose and intent. Recognizing that there may be usefulness in the installation of systems for the utilization of solar energy, provision in this chapter of the Code of the Village of Munsey Park is desirable for the accommodation of such installations, so far as conditions may permit, and at the same time preserving the harmonious residential character, and architectural and design characteristics of a neighborhood, in conformity with existing provisions of this chapter and the Building Code of the Village,[1] and the protection of adjoining properties and their values.
[1]
Editor's Note: See Ch. 87, Building Construction and Fire Prevention.
B.
Application for solar installations. All installations for the utilization of solar energy shall require an application for a building permit to be submitted to the Building Inspector, accompanied by a suitable rendering showing location and architectural and design features, a plot plan showing the orientation of structures on the plot in relation to trees upon the plot and adjoining plots and a copy of the contract required by § 12-104 of the Energy Law.
C.
All solar installations shall be an integral part of the structure to be served, shall conform to height and yard limitations of the Village codes, and be so designed as to maintain the basic integrity of roof and wall lines and surfaces.
D.
The location of solar collectors shall be limited to the roof of a house.
E.
All applications shall be reviewed by the Building Inspector and the Building Advisory Committee and then referred to the Board of Trustees, and no permit shall be issued without final approval by the Board.
§ 200-43 Location of buildings.
[Added 8-14-1985 by L.L. No. 4-1985]
No part of any building and no appurtenance thereon shall project beyond any street lot line, except that purely decorative details which are part of the construction and which (unless water tables, sills, pilaster or belt courses) are not less than 10 feet above the curb level may project beyond a street lot line subject to the limitations of this chapter.
§ 200-44 Tool sheds, storage sheds, and small accessory buildings.
[Added 7-13-2011 by L.L. No. 1-2011[1]]
Tool sheds, storage sheds, and small accessory buildings of any kind that are detached from the main building are permitted only if they comply with the following conditions:
A.
It is located only in the side yard or the rear yard.
B.
It is not higher than seven feet at its highest point.
C.
It is not larger than 30 square feet in area. The Board of Trustees may grant permission for a shed or small accessory building larger than 30 square feet up to a maximum 80 square feet in area if it is located in the rear yard and it is approved by the Building Advisory Committee.
D.
It is set back no less than three feet from the side and rear property lines.
E.
It is screened in its entirety from the adjoining properties with evergreen shrubs planted along the side and rear property lines no less in height than the shed or building at the time of planting. The failure to maintain the screening in good condition will be grounds for revocation of a permit granted under this section.
F.
Any approval shall be temporary and shall expire upon a change in ownership of the premises.
[1]
Editor's Note: This local law also repealed former § 200-44, Buildings not permitted, added 8-14-1985 by L.L. No. 4-1985, as amended.
§ 200-45 Curbs, driveways and aprons.
[Added 8-14-1985 by L.L. No. 4-1985; amended 10-10-2001 by L.L. No. 2-2001]
The width or horizontal dimensions of driveways in Residence A and Residence B Districts shall not exceed 19 feet except that within three feet of the street line the width may taper to a maximum width of 22 feet. In the Business District there shall be no limitation as to the width of the driveway; however, the curb cut shall not exceed 25 feet.
§ 200-46 Wireless telecommunications services (WTS) and wireless telecommunications services facilities (WTSF).
[Added 6-14-2000 by L.L. No. 2-2000]
A.
Legislative intent. The Board of Trustees of the Village of Munsey Park determines that it is in the best interest of its residents to establish regulations and standards for the siting and installation of all WTSF equipment, including towers, monopoles, pole-mounted and building-attached equipment and other related devices and equipment. These regulations and standards are adopted in order to promote the safety and welfare of the residents of the Village of Munsey Park to the extent reasonably permitted under federal and state laws and rules and regulations. This section will ensure that all wireless telecommunication WTSF's and equipment be sited, designed, built and utilized in accordance with sound use planning that will preserve and protect the aesthetic qualities of the Village and promote and protect the safety and welfare of its residents.
B.
Purpose. The purpose of this section is to regulate, to the fullest extent reasonably permitted by law, the siting, location, construction and maintenance of WTSF's in the Village in order to:
(1)
Promote the safety and welfare of the residents of the Village and surrounding communities.
(2)
Minimize the adverse visual effects of WTSF's and protect the natural features, aesthetics and residential character of the Village by careful siting, design, buffering and screening of WTSF's.
(3)
Limit the total number of WTSF's to be constructed in the Village to the minimum number of WTSF's necessary to provide adequate coverage to the Village.
(4)
Maximize the use of any proposed site by encouraging collocation and multiple use of WTSF's to the extent reasonably permissible.
(5)
Encourage the siting of wireless telecommunications services facilities (WTSF's) on existing or other planned or approved WTSF's, and/or the use of alternative technologies, which eliminate the need for new or additional WTSF's in the Village of Munsey Park.
(6)
Where the siting of a WTSF within the Village is proven to be necessary, to limit new WTSF's to existing nonresidentially used buildings on property with frontage on a state or county road and zoned for commercial uses, and to prohibit WTSF's on residentially zoned lands which are vacant or contain a residence.
C.
Applicability and required findings. The following conditional use permit standards and requirements shall apply to all WTSF's. No conditional use permit approval shall be granted unless the Board of Trustees makes the findings in writing that the application fulfills all of the purposes and meets all of the requirements of this section.
D.
Use. Except as provided hereinafter, no WTSF shall be located, constructed or maintained on any lot, building, structure or land area in the Village of Munsey Park, except in conformity with the requirements of this section and all other applicable regulations.
E.
Location and access. WTSF's are expressly prohibited on residentially zoned lands which are vacant or contain a residence. WTSF's shall be located in accordance with the following priorities. The applicant shall evaluate and demonstrate the infeasibility of a higher priority location before considering the next lower priority:
(1)
Existing or other planned or approved WTSF's or buildings within a 1.5 mile radius of the proposed site which eliminate the need for new or additional WTSF's in the Village of Munsey Park.
(2)
The use of alternative technologies which eliminate the need for new or additional WTSF's in the Village of Munsey Park.
(3)
Siting WTSF's on property with frontage on a state or county road which is zoned for commercial uses.
(4)
Siting on existing nonresidentially used property with frontage on a state or county road.
(5)
Sites not meeting the foregoing criteria shall only be considered by the Board of Trustees after the applicant demonstrates that any site meeting the foregoing criteria is not available and that the alternate site protects and preserves the aesthetic qualities, residential characteristics of the Village of Munsey Park, the property values of the community, and the safety and welfare of its citizens, to the maximum extent practicable.
F.
Collocation requirements.
(1)
A proposal for a WTSF shall not be approved unless the Board of Trustees finds that the antenna planned for the proposed WTSF cannot be accommodated on an existing or approved WTSF or building within a 1.5 mile search radius of the proposed WTSF due to one or more of the following reasons:
(a)
The antenna would exceed the structural capacity of the existing or approved WTSF or building, as certified by a licensed professional engineer, and the existing or approved WTSF cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(b)
The antenna would cause interference materially impacting the function of other existing or approved antenna at the WTSF or building as certified by a qualified professional or other recognized authority and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved WTSF's and buildings within the 1.5 mile search radius cannot accommodate the antenna at a height necessary to function reasonably or to provide adequate coverage to the intended service area as certified by a qualified professional or other recognized authority.
(d)
Other reasons that make it infeasible to locate the antenna upon an existing or approved WTSF or building.
(2)
All WTSF's shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and base equipment and comparable antennas and base equipment for at least four additional licensed carriers. WTSF's must be designed to allow for future rearrangement of antennas upon the WTSF and to accept antennas mounted at varying heights. The Village Board of Trustees may reduce the number of licensed carriers required to be accommodated for just cause and consistent with the purposes of this section and this chapter.
(3)
The applicant shall submit to the Board a letter of intent committing the applicant, and its successors in interest, to negotiate in good faith for shared use of the proposed WTSF by other WTS providers in the future. The issuance of any permit for a WTSF shall commit the new WTSF owner and its successors in interest to:
(a)
Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared use of the WTSF by other WTS providers.
(c)
Allow shared use of the new WTSF if another WTS provider agrees in writing to pay charges.
(d)
Relocate antennas on the WTSF as necessary to accommodate collocation of additional licensed service providers, to provide adequate coverage, or to minimize the height or other avoidable impacts of the WTSF.
(4)
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing WTSF in a neighboring municipality be considered for shared use, an applicant shall submit to the Board of Trustees an affidavit that it has sent by registered or certified mail, return receipt requested, at least 15 days prior to the public hearing a notification to all of the Clerks of each municipality, and the secretaries of each district or commission, such as the fire departments and the water authorities, within two miles of the proposed location of the WTSF. Such notification shall include the exact location of the proposed WTSF, and a general description of the project, including but not limited to the height of the WTSF and its capacity for future shared use.
(a)
In addition to all other referral requirements for conditional use permit applications pursuant to § 239 of the General Municipal Law and as set forth in the Zoning Law, notification shall be made to all municipalities of all applications involving WTSF's. The Village shall request reciprocal referral of all applications in the adjacent municipality involving WTSF's.
G.
Setbacks.
(1)
It shall be a priority of the Village to maximize the separation between WTSF's and residences and residential properties.
(2)
Unless otherwise modified by the Board of Trustees in an effort to accommodate the purposes of this chapter, freestanding WTSF's shall be located not less than:
(a)
Two times the otherwise applicable setback requirements for principal structures for the district in which the property is located; or
(b)
The height of the WTSF plus the otherwise applicable setback requirements for principal structures for the district in which the property is located, whichever shall be greater.
(3)
A WTSF's setback may be reduced by the Board to allow the integration of a WTSF into an existing or proposed building or structure.
(4)
It shall be demonstrated to the satisfaction of the Board of Trustees that the proposed WTSF is set back adequately to prevent damage or injury resulting from icefall or debris resulting from failure of a WTSF or any part thereof, and to avoid and minimize all other impacts upon adjoining properties.
H.
Height limitations. Notwithstanding the following height limitations, in no case shall a WTSF exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.
(1)
The height of any antennas, or other associated equipment, structurally mounted as part of a WTSF shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment are affixed.
(2)
The maximum height of a WTSF is limited to 50 feet above the ground upon which the antenna is placed. The ground elevation may not be raised to increase the height of the WTSF.
(3)
Height limitations may be waived by the Board when the antenna is mounted on an existing building or structure or to accommodate collocation.
I.
Design and visual mitigation.
(1)
WTSF's shall only be permitted on, in or attached to existing or approved buildings or structures by use of stealth technologies or materials unless otherwise permitted by the Board of Trustees.
(2)
Where permitted, the only freestanding WTSF permitted shall be a monopole. WTSF's which require the use of guy wires or open framework are prohibited.
(3)
The applicant/provider shall prepare a visual impact assessment of the proposed WTSF based upon appropriate modeling, photography and other pertinent analytical techniques as required by the Board of Trustees, including but not limited to a map identifying the zone of visibility.
(4)
Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, and alternative construction, structural and transmission technologies such as antennas attached to or disguised as trees or other features or camouflaging techniques, shall be required to minimize the visual impact of such WTSF from public thoroughfares, important view and vantage points and surrounding properties to the extent practicable as determined by the Board of Trustees.
(5)
No signs other than exempt signs or as may be required by the Board of Trustees for security or safety purposes, shall be erected on any WTSF.
(6)
All ground-based equipment shall be located underground.
(7)
WTSF's shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. Every WTSF shall be of colors and design that are compatible and harmonious to blend with the natural features, buildings and structures surrounding such WTSF.
J.
Lighting. The WTSF shall not be artificially lighted unless otherwise required by the appropriate governmental authority.
K.
Operational characteristics.
(1)
Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed WTSF, including its cumulative impact with other existing and approved WTSF's, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report prepared in accordance with FCC Office of Engineering and Technology Bulletin 65, as amended. If new, more restrictive, standards are adopted, the antennas shall be made to comply or operation of the WTSF shall be terminated. The cost of compliance shall be borne by the owner and operator of the WTSF.
(2)
Annual certification of conformance with the applicable emissions standards and the requirements and conditions of conditional use permit approval shall be required.
(3)
Certification shall also be required prior to any modification of the WTSF or upon modification of the FCC standards.
(4)
The Board of Trustees may hire a qualified professional or recognized authority to review and report on such initial and annual certification report, the cost of which shall be reimbursed by the applicant.
(5)
Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of this chapter or the conditions of conditional use permit approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with this chapter.
L.
Noise. Noise-producing equipment shall be sited and/or insulated to conform to Chapter 119, Noise, of the Code of the Village of Munsey Park.
M.
Utility service. On-site electrical and land-based telephone lines extended to serve the WTSF sites shall be installed underground.
N.
Safety provisions. A WTSF shall be designed and erected so that in the event of structural failure, it will fall within the required setback area and, to the maximum extent possible, away from adjacent development. No new structure shall be permitted which would be classified by the FAA Regulations Title 14 CFR Part 77 as an obstruction or hazard.
O.
Insurance.
(1)
The owner and applicant shall provide and keep in full force and effect, at their own cost and expense, public liability insurance which shall afford protection in an amount to be fixed by the Board of Trustees, but in no case less than $5,000,000 per occurrence, naming the Village as an additional insured and indemnifying the Village against any and all losses for personal injury, death, property damage or other claim, obligation or liability, and all costs or expenses in connection therewith, including reasonable attorneys' fees and all costs of litigation, arising out of or relating to the existence, operation or use of any approved WTSF and any activities in connection therewith. Said insurance shall be written in form satisfactory to the Village by good and solvent insurance companies of recognized standing, authorized to do business in the State of New York (rated not less than "A" XV by Bests) and shall contain a provision that the policy or policies shall not be canceled on less than 30 days' written notice to the Village. Appropriate insurance certificates shall be deposited with the Village before any permit is issued.
(2)
The owner and applicant shall obtain and maintain at all times insurance of an appropriate type and amount from an insurer licensed and authorized in the State of New York meeting the satisfaction of the Village Board of Trustees and the Village Attorney.
P.
Security provisions. A security program shall be formulated and implemented for the site of a WTSF. Such program shall include physical features such as fencing screened by buffer vegetation, anticlimbing devices or elevating ladders on monopoles or other approved structure and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.
Q.
Structural inspection and report. A monopole or other approved structure shall be inspected at the expense of the service provider by a licensed professional engineer at any time upon a determination by the Building Inspector that the monopole or other approved structure may have sustained structural damage, but in no case less than every five years. A copy of the inspection report shall be submitted to the Building Inspector.
R.
Emergency plan. An emergency action plan shall be formulated and implemented for the site of a WTSF, to the satisfaction of the Board of Trustees and the local providers of emergency services to the Village of Munsey Park. Such plan shall include identification of all appropriate features and considerations of each WTSF, appropriate training of local police, fire and ambulance service providers, and appropriate provisions for notification of the public in the event of an emergency, to the satisfaction of the Board of Trustees and the local providers of emergency services to the Village of Munsey Park.
S.
Lease agreement.
(1)
In the case of an application for approval of a WTSF to be located on lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the Board of Trustees and a copy shall be filed with the Village Clerk.
(2)
The Board of Trustees, at its discretion and in cooperation with the involved parties, shall allow certain proprietary information contained in such lease which is unrelated to the requirements of this chapter or the conditions of the approvals for said WTSF to be kept confidential.
T.
Removal.
(1)
A WTSF, or any portion thereof, including any portion above the height of the antenna, shall be dismantled and removed from the property on which it is located when it has been inoperative or abandoned for a period of 90 days from the date on which it ceased operation, or no longer has a valid approval, permit or license, or is otherwise no longer necessary for the provision of adequate coverage in the Village of Munsey Park.
(a)
The owner of the WTSF and each of the WTS providers on any approved WTSF shall provide written certification of the status of the use and necessity of the WTSF, or any thereof, on a quarterly basis. Said WTSF, or any portion thereof, shall be removed within six months of such termination, abandonment or discontinuance of use, unless a time extension is approved by the Board.
(2)
The applicant shall provide to the Village written notification, including identification of the date the use of the WTSF was discontinued or abandoned or no longer has a valid approval, permit or license, or is otherwise no longer necessary for the provision of adequate coverage in the Village of Munsey Park by one or more of the service providers, acknowledgment of the requirements to remove the WTSF, and identification of the plans for the removal of the WTSF within six months of such termination, abandonment or discontinuance of use.
(3)
The applicant shall provide to the satisfaction of the Village of Munsey Park a written agreement suitable for filing with the County Clerk, Division of Land Records, to ensure the dismantling, removal and restoration of such an abandoned wireless telecommunications services facility. Performance of the removal requirements as set forth herein shall be secured by a bond posted by the applicant in an amount and for a duration determined to be adequate by the Village of Munsey Park Board of Trustees.
(4)
Unused portions of WTSF's above a manufactured connection shall be removed within six months of the time of antenna relocation or removal unless a time extension is approved by the Board. The replacement of portions of a WTSF previously removed requires the issuance of a new conditional use permit.
(5)
In the event that such WTSF, or portion thereof, is not completely removed from such property within such time, the Village shall be authorized to effect such removal at the expense of the property owner.
U.
Application procedure.
(1)
Application.
(a)
An application for approval of a WTSF shall be submitted for conditional use permit approval. The applicant shall submit a written narrative and a copy of any lease agreement which demonstrates conformance with the requirements of this section.
(b)
No application for a WTSF shall be considered complete without multicolor signal level propagation plots at not less than five dBm intervals to -100 dBm at standard USGS scale drawings of 1:25,000, including but not limited to topography and elevations, existing buildings, streets, WTSF's and other similarly tall structures, tile propagation plots, radial propagation plots and drive propagation plot data, and identification of all of the relevant system design parameters of all existing, approved or proposed WTSF's which may affect or provide service within the Village of Munsey Park. Separate signal level propagation plots shall be required for each existing, planned, approved and proposed WTSF.
(2)
Demonstration of need and master plan.
(a)
The operator(s) of the wireless telecommunications service shall submit a copy of their FCC license and shall demonstrate to the satisfaction of the Board of Trustees that there is a public need for each such WTSF at the location(s) proposed by the applicant to provide adequate coverage in the Village of Munsey Park. Such demonstration shall include the preparation of existing coverage and gap plans and a master plan of the proposed service which:
[1]
Demonstrate that existing, or other planned or approved WTSF's, do not and cannot be modified to provide adequate coverage to the Village of Munsey Park; and
[2]
Minimize the number of such WTSF's within the Village of Munsey Park; and
[3]
Maximize collocation and shared use of existing public utility and WTSF's; and
[4]
Identify all existing and proposed WTSF's which impact the service area covering the Village of Munsey Park and identify all proposed and other locations considered for such WTSF; and
[5]
Analyze feasible alternatives, including alternative sites, construction and transmission technologies, to reasonably minimize the visual and other adverse impacts.
(b)
The Board of Trustees may hire a qualified professional or recognized authority to review and report on the information and conclusions contained in the application materials, the cost of which shall be reimbursed by the applicant.
(3)
Proof of collocation attempts. Any application for a WTSF shall include a statement and appropriate documentation demonstrating to the satisfaction of the Board of Trustees, in consultation with its consulting engineer, that to the extent relevant to provide WTS in the Village of Munsey Park which is the subject of such application, all reasonable efforts have been made to collocate such WTSF on all other existing, planned or approved sites with communication antennas which would eliminate the need for new or additional WTSF's in the Village of Munsey Park.
(4)
Statement of collocation accommodation. As a condition of conditional use permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing in the Nassau County Clerk's office and prepared to the satisfaction of the Village Attorney, acknowledging that it shall be required to allow the collocation of all other future wireless telecommunications service WTSF's unless otherwise unreasonably limited by technological, structural or other engineering considerations and expressly stating that it shall negotiate in good faith with all other providers and shall comply with all requirements of Subsection F(3) hereof.
V.
Owner/applicant representative contacts. The applicant and all future owners of the premises and the WTSF shall at all times keep on file in the office of the Village Clerk the name, address, and telephone number of the owner and operator of such WTSF and of at least one individual who shall have authority to arrange for the maintenance of the premises and WTSF, and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and WTSF and to bind the owner to any settlement, fine, judgment, or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted by the Village against such owner and/or operator(s).
W.
Decisions. All decisions of the Board of Trustees involving applications for WTSF's shall be in writing and supported by substantial evidence contained in a written record.
X.
Compliance with other laws. The operator of every WTSF shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. Upon the failure to do so after 30 days' notice, in the discretion of the Board, unless good cause for such failure is shown, shall result in the termination of the conditional use permit.
Y.
Assignment of permit. No permit granted under this section for any antenna or WTSF, or accessory structure, shall be assigned or transferred without the prior approval of the Board.
Z.
Review. All permits granted under this section shall be subject to review by the Board at two-year intervals, to determine whether the technology in the provision of WTSF has changed such that the necessity for the permit at the time of its approval has been eliminated or modified, and whether the permit should be modified or terminated as a result of any such change.
AA.
Fees. In addition to the fees set forth in other provisions of the Village Code:
(1)
Each owner and operator of a WTSF shall pay to the Village an annual fee, either based on the licensee's gross receipts from the facility or a flat fee, as established from time to time by resolution of the Board of Trustees,[1] whichever is greater, for each WTSF.
[Amended 10-10-2001 by L.L. No. 2-2001]
[1]
Editor's Note: See Ch. A208, Fees.
§ 200-46.1 Skylights.
[Added 9-10-2003 by L.L. No. 1-2003]
No skylight may be installed or enlarged in any residential or commercial building in the Village, except that flat skylights are permitted on a flat roof. A flat roof is a roof with a slope more gradual than four inches in vertical height for each 12 inches of horizontal dimension. A flat skylight is a skylight that is parallel to the surface of the roof within which it is being installed. The overall height of the skylight measured from the finished roof surface will not exceed eight inches. Notwithstanding any other provision in the this chapter, no skylight may be reconstructed or structurally altered if the cost of the reconstruction or the structural alterations exceeds 50% of the cost of the skylight.
§ 200-46.2 Temporary structures.
[Added 6-11-2008 by L.L. No. 2-2008]
A.
The following words, as used in this section, are defined as follows:
CLERK
The Village Clerk of the Village of Munsey Park.
TEMPORARY STRUCTURE
A structure, including a building, which may or may not meet the zoning requirements for the zoning district within which it is herein located, which will be erected for a period of time as established by the Board of Trustees and will then be removed. This definition shall include, but not be limited to, a portable moving and storage container of any type. No temporary structure may exceed 120 square feet in area.
B.
Permit for temporary structure required. No temporary structure, not otherwise permitted by the Village Code, shall be constructed or maintained without a permit from the Village Clerk.
C.
Vendor. No vendor or other person may place or install a temporary structure on any premises unless he has all required state licenses to transport and place such temporary structure and has all workers compensation coverage required by law and has liability insurance in such amount as shall be set from time to time by resolution of the Board of Trustees.
D.
Issuance of permits for temporary structures. Upon the applicant filing an affidavit attesting that he is aware of the standards in this section and that he will comply with them, the Village Clerk may issue permits for temporary structures, subject to the following terms and conditions.
(1)
The temporary structure must be placed in the driveway of the premises and as close as practical to the garage.
(2)
The temporary structure must not remain on the premises for longer than 48 hours. In his affidavit, the applicant shall state the date and time when he intends to place the temporary structure on his premises.
(3)
The temporary structure will not be greater than 120 square feet in area.
E.
Emergency. Where the dwelling is substantially damaged by fire, water or other disastrous and unforeseen event, in his sole discretion, the Mayor may extend the time that the temporary structure may remain on the premises.
F.
Filing fees. The filing fees on applications to the Board shall be as prescribed from time to time by the Board of Trustees.