Pelham Manor City Zoning Code
ARTICLE VII
General Restrictions
§ 210-18 New buildings and uses.
No building or structure shall hereafter be erected, and no existing building or structure shall hereafter be enlarged or otherwise structurally altered, to be used or occupied for any purpose other than a use permitted in the district in which the building or land is located.
§ 210-19 Existing buildings and uses.
[Amended 9-25-2000 by L.L. No. 4-2000]
A.
Except as otherwise provided in this section and in § 210-20 below, the lawful use of land or buildings existing at the time of the adoption of this chapter may be continued although such use does not conform to regulations specified by this chapter for the district in which such land or buildings is located. Except as otherwise provided in this section and in § 210-20 below, the lawful use of land or buildings at the time of the adoption of any amendment to this chapter which is not consistent with such amendment may be continued although such use does not conform to the regulations specified by this chapter for the district in which such land or buildings is located, as so amended. Said uses shall be deemed nonconforming uses. The lawful use of a building heretofore authorized by a building permit lawfully issued prior to the adoption of this chapter or the adoption of the amendment to this chapter which made the use nonconforming, and the construction of which, at the time of the adoption of this chapter or the amendment thereto that made the use nonconforming, was actually begun and diligently prosecuted, may be continued, although such use does not conform with the provisions of this chapter.
B.
Where no building is involved, nonconforming use of the land may be continued; provided, however, that no such nonconforming use shall be enlarged or increased or shall be extended to occupy a greater area of land than was occupied by such use at the time it became nonconforming, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of the provisions of this chapter that made it nonconforming; provided, further, that if such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than 30 days or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter. No nonconforming use of land shall be changed to another nonconforming use.
C.
A building or structure, the use of which does not conform to the use regulations of the district in which it is situated, shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated. Such nonconforming buildings shall not be structurally altered unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition may be permitted; and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of adoption of this chapter. If any nonconforming use of the building ceases for a continuous period of more than one year, or if the building in or on which such use is conducted or maintained is moved for any distance whatever, for any reason, then any future use of such building shall be in conformity with the regulations specified by this chapter for the district in which such building is located. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which this building or land is located.
D.
Except as otherwise provided in this section and in § 210-20 below, the lawful use of land or buildings at the time of any amendment to this chapter for which, by reason of such amendment, a special permit is required may be continued without the issuance of a special permit; provided, however, that except upon the issuance of a special permit no such use shall be enlarged, increased or extended to occupy a greater area of land than was occupied by such use at the time of the adoption of the provision of this chapter requiring a special permit for such use; and no such use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied by such use at the time of the adoption of the provisions of this chapter requiring a special permit for such use. If any use for which a special permit is required ceases for any reason for any continuous period of more than 30 days or is changed to another use, no future use of the land for any use for which a special permit is required under this chapter shall be permitted except upon the issuance of a special permit.
E.
In the event that premises consisting of a club, not operated for profit churches, other places of worship and their accessory buildings, constituting a nonconforming use desire to be extended or rebuilt or a new building to be constructed so as to properly further the aims and purposes of said club, churches, other places of worship and their accessory buildings, such extension, rebuilding or construction of a new building may be permitted for such nonconforming use by the Board of Trustees, provided that a special permit is obtained from the Board of Trustees in each specific case after a public hearing and notice and, further, that the Board of Trustees finds that such use promotes the general health, safety, morals and welfare of the community and is in accordance with the general purposes and intent of this chapter.
F.
In the event that the owner of any premises being used for residential purposes constituting a nonconforming use desires to alter any existing structure or construct any new structures, such alteration or construction shall take place only pursuant to Subsection C or D of this section or pursuant to, and solely to the extent provided by, a special permit authorizing such alteration or construction that is granted by the Board of Trustees after a public hearing and notice in accordance with the following provisions:
(1)
Such a special permit shall not be granted except pursuant to findings by the Board of Trustees that each of the following five conditions has been met:
(a)
The alteration or construction is related to residential property and will cause a substantial reduction in the total number of residential units on the property comprising the nonconforming use (it being expected that a reduction of more than 30% in the number of residential units is a minimum threshold for a finding of such substantial reduction).
(b)
The structure(s), once completed, will be substantially more in conformity with structures in the surrounding neighborhood than was the nonconforming use prior to issuance of the special permit, and the structure(s) will have a maximum height of no more than 2 1/2 stories.
(c)
The total number of residential units on such nonconforming property after such alteration or construction will not exceed one unit for every 10,000 square feet of the total nonconforming lot.
(d)
The alteration or construction will be accomplished in exact conformity with the proposal set forth in a site plan that has been duly submitted to the Planning Board for recommendation, and that has been approved by the Board of Trustees.
(e)
Granting such a permit will promote the general health, safety and morals of the community and is in accordance with the general purposes and intent of this chapter.
(2)
Any alteration to or construction of a structure as to which a special permit has been granted pursuant to this subsection shall not change the status of the property as a nonconforming use. Construction of any structure as to which a special permit is granted pursuant to this subsection which is not authorized by such special permit and any structural alteration to such a structure not authorized either by such special permit or by variance issued by the Board of Appeals shall cause the nonconforming use to lapse.
(3)
The erection of independent structures on a nonconforming lot shall not be the basis for subdivision of that lot unless all lots existing after such a subdivision are in conformity with the regulations specified by this chapter for the district in which the land and buildings are located.
G.
Any building or structure which is nonconforming as to any required yard setback may not be expanded into any such existing nonconforming setback either horizontally or vertically.
[Added 2-10-2003 by L.L. No. 1-2003]
§ 210-20 Elimination of nonconforming uses in business districts.
[Amended 11-9-1992 by L.L. No. 4-1992; 9-25-2000 by L.L. No. 4-2000]
A.
Except as provided in Subsection B of this section, all nonconforming uses in the business districts shall cease and be discontinued in accordance with the following schedule:
[Amended 10-27-2003 by L.L. No. 3-2003]
(1)
Where no building or structure is employed in connection with the nonconforming use, on or before the date of the adoption of this zoning text amendment;
(2)
Where the use exists by virtue of a lease entered into prior to January 1, 2010, the earlier of the end of the current term of such lease, without regard to any right to renew set forth therein, or five years from the date of the adoption of this zoning text amendment;
[Amended 1-11-2010 by L.L. No. 1-2010]
(3)
Where the use consists of a petroleum bulk storage facility, on or before September 30, 2020;
(4)
In all other situations, upon discontinuance of the current use or occupancy but no later than on or before five years from the date of the adoption of this zoning text amendment.
B.
Continuation of use.
(1)
The Board of Appeals may permit any nonconforming use in the business districts to continue for a limited period of time beyond that provided for in Subsection A of this section, provided that:
(a)
An application is made by the owner of such establishment to the Board of Appeals at least 120 days prior to the date on which the use is required to cease and be discontinued.
(b)
The Board of Appeals shall find, in connection with such use, that:
[1]
The applicant has made, prior to the use becoming nonconforming, substantial financial expenditures related to the nonconforming use; and
[2]
The applicant has not recovered substantially all of the financial expenditures related to the nonconforming use; and
[3]
The period for which such establishment is permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the nonconforming use.
(2)
For purposes of this subsection, the term "financial expenditures" shall mean the capital outlay made by the applicant to establish the nonconforming use, exclusive of the fair market value of the building in which such nonconforming use is located and exclusive of any improvements unrelated to the nonconforming use.
§ 210-21 Prohibitions.
Except as hereinafter specifically provided, the following prohibitions shall apply throughout the Village of Pelham Manor:
A.
No driveway or entrance road to land or to a building in a multifamily or retail district, for the convenience of occupants, or for service or delivery, shall lead from or be connected with a street or highway located in a Residence AAA, AA, A or Residence B District.
B.
No building or structure shall be erected, nor shall any building or land be used as an airport or for the landing, takeoff or storage of any type of aircraft, or for any similar purpose; nor shall any building or structure be erected or land used for the storage, sale, manufacture or commercial development of airplanes, seaplanes, dirigibles, flying machines or similar devices.
C.
No building or structure shall be erected, maintained or operated as a hotel, tourist camp, motel, lodging house or trailer camp; nor shall any land be used, maintained or operated for such purpose or for the storage in the open of trucks or trailers where a fee or remuneration of any kind for such use is made, solicited or expected.
D.
No building or structure shall be hereafter erected or altered nor shall any land be used as or for an amusement park, ball park, motordrome, automobile race track, horse race track, dog race track, drive-in motion-picture theater, or as a golf driving range, Tom Thumb course or miniature golf course, or as a restaurant which offers car hop or curb service. No junk, waste, discarded or salvaged materials, except soil, gravel, rock or other natural material deposited for the purpose of regrading or landscaping the land on which it is deposited shall be dumped or deposited in any district within a distance of 100 feet from any street, water body, stream or property line; nor elsewhere except after obtaining a permit therefor from the Building Inspector, subject to such regulations as the Village Board of Trustees may prescribe, and further subject to any applicable regulations of the Westchester County Department of Health, and on the requirement that such dumping or deposit will not be objectionable by reason of dust, fumes, smoke or odor, or be otherwise detrimental to the public health or safety, and will not interfere with drainage to the extent of being injurious to adjacent land or buildings.
E.
No building or structure shall be hereafter erected, altered or used, nor shall any land be used, for carrying on a clinic, hospital, sanitarium, nursing home, asylum, institution for the care of invalids or mental defectives or for conducting an X-ray or other laboratory.
F.
No building shall hereafter be erected, altered or used, nor shall any land be used, for the manufacture, storage, sale, refining, rendering, distilling or mixing of ammonia, chlorine, asphalt, bleaching powder, celluloid, bones, fat, fertilizer, glue, size, gelatin, garbage, offal, refuse, lamp black, oil, turpentine, petroleum, printing inks, hides, skins (tanning or curing), soap, rubber, acids, vitriol tallow, grease, lard, tar or tar roofing, gun powder, explosives or highly hazardous (with respect to fire) material.
G.
No building shall hereafter be erected, altered or used, nor shall any land be used as a power station; boiler manufactory; foundry; steam laundry; salvage depot; saw mill; planing mill; distillery; brewery; slaughterhouse; stock yard; adult entertainment establishment, except on any lot which is located more than 2,000 feet from any lot on which is located a church, community center, funeral home, school, day-care center, hospital, alcoholism center, drug treatment center, counseling or psychiatric treatment facility, public park or parkland, or more than 2,000 feet from any school bus stop; or piggery.
[Amended 11-9-1998 by L.L. No. 4-1998]
H.
The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that in any residence district no fence or wall shall exceed four feet in any front yard or six feet in any rear yard or side yard to the rear of the required front yard setback, measured in all cases above the finished grade.
I.
On a corner lot in any residence district no fence, wall, hedge or other structure or planting more than four feet in height above the curb level, except a tree whose lowest branch is not less than seven feet above such curb level, shall be erected, placed or maintained within the triangular area formed by the intersecting street line and a straight line joining said street lines at points which are 15 feet distant from the point of intersection, measured along the street line.
J.
In a Residence AAA, AA, A, B and Multifamily Districts no building shall hereafter be erected, altered or used nor shall any land be used for the keeping of barnyard fowl, farm animals, horses or pigeons.
K.
No barbed wire, razor wire or similar fence or a fence in which barbed wire, razor wire or similar material is used, or any exterior security enclosure, shall hereafter be installed in the Village of Pelham Manor. Security enclosures may be installed within the exterior wall of the premises, provided that each such security enclosure:
[Added 9-25-2000 by L.L. No. 4-2000]
(1)
Is located, in the judgment of the Inspector of Buildings, at a sufficient distance from any transparent exterior wall or door of the premises so as not to create a deleterious visual or aesthetic impact upon the surrounding area;
(2)
Does not substantially diminish the passage of light from the exterior to the interior of the premises; and
(3)
Is installed in such a manner as to provide ready access to the locking mechanism of the security enclosure from an exterior door in the event of an emergency.
L.
No business, professional, artistic or educational activity may be conducted within a dwelling unit, whether or not such use is carried on for profit, except a home occupation that meets the following conditions and requirements:
[Added 1-22-2007 by L.L. No. 1-2007]
(1)
A home occupation shall not have employees, students, customers or other persons who visit the premises for any business purpose;
(2)
There shall be no warehousing, manufacturing, assembly or shipping of parts, nor any sale, merchandising, trade or barter to or with persons who come to the premises;
(3)
There shall be no display of goods, supplies or advertising of any nature visible to the exterior of the dwelling, nor any sign, display, lettering or logo identifying the premises as anything other than a residence;
(4)
There shall be no storage of goods or supplies to be utilized or shipped to any other location, and the only supplies that may be maintained at the premises are office supplies necessary to operate the home occupation at the premises;
(5)
There shall be no parking of any commercial vehicle, vehicle for hire nor any passenger vehicle containing any lettering, sign, display or logo identifying any business or occupation, other than private passenger license plates issued by the State of New York Commissioner of Motor Vehicles;
(6)
No person shall be employed or otherwise engaged on the premises in the conduct of the home occupation who does not reside in the dwelling unit;
(7)
No more than a total of 300 square feet or 20% of the square footage of the dwelling unit, whichever is less, shall be used for the home occupation;
(8)
The only equipment used on the premises shall be typical office equipment such as computers, copy machines and facsimile machines, and no noise, smells, fumes or vibrations may be perceptible outside of the dwelling unit;
(9)
No preparation of food for sale may be carried on at the premises;
(10)
No activity may be conducted at that premises that produces waste, trash or refuse in excess of that normally produced by a dwelling of similar size and number of bedrooms;
(11)
No deliveries to the premises or shipments from the premises shall be permitted other than those of a nature and frequency which is similar to normal residential package delivery by shippers similar to Federal Express, DHL and UPS;
(12)
The home occupation must be registered with the Village on a form prepared by the Village Manager, which shall provide for the name of the residents engaged in the home occupation, the name of the home occupation, the address, telephone number and nature of the home occupation being conducted and such other information as the Village Manager deems appropriate to ensure compliance with the provisions of these provisions.
(13)
Notwithstanding the foregoing, in the B District, medical doctors' and/or dentists' offices shall continue to be permitted as currently regulated, and nothing contained in this section shall limit such uses.
M.
There shall be no retail cannabis dispensaries and/ or on-site consumption establishments within the Village of Pelham Manor.
[Added 9-27-2021 by L.L. No. 1-2022]
§ 210-22 Unsafe and damaged buildings.
A.
No building or structure which has been damaged structurally by fire or other causes to the extent of more than 50% of its value, exclusive of foundations, shall be repaired or rebuilt, or thereafter occupied except in conformity with the provisions of this chapter or in accordance with a special permit issued under § 210-20E of this article that specifically provides for such rebuilding.
[Amended 11-9-1992 by L.L. No. 4-1992]
B.
Nothing in this chapter, however, shall prevent the strengthening or restoring to a safe condition of any wall declared unsafe by the Inspector of Buildings.
§ 210-23 Off-street parking.
A.
It is the intention of this chapter that all structures and land uses be provided with a sufficient amount of off-street automobile parking to meet the need of persons employed at or making use of such structures and land uses. No permit for the erection or substantial alteration of a structure or for the development of a land use shall be issued unless such parking facilities are to be provided in accordance with the appropriate requirements set forth below and approved by the Building Inspector.
B.
Structures and land uses in existence at the time of the adoption of this chapter shall not be subject to the requirements set forth below, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced below such requirements. Required parking facilities for such uses or structures as well as for an enlargement or extension shall, however, be provided as a condition for the issuance of any building permit or for the amendment of any building permit for such enlargement or extension in the future. In a church or other place of worship, additional parking facilities will not be required if any alteration, enlargement or extension does not increase the area of assembly.
C.
Unless the Planning Board determines otherwise based upon the particular characteristics of a proposed use, off-street automobile parking facilities shall be provided as follows:
[Amended 9-25-2000 by L.L. No. 4-2000; 10-27-2003 by L.L. No. 3-2003]
Use | Parking Requirement | |
|---|---|---|
One-family dwelling | 1 parking space | |
Multifamily dwelling | 1.5 parking spaces | |
Banks and financial uses | 1 per 300 square feet of gross floor area | |
Building supply stores | 1 per 500 square feet of gross floor area | |
Convenience stores/food and beverage store supermarkets | 1 per 200 square feet of gross floor area | |
Eating and drinking establishments/fast food restaurants | 1 per 150 square feet of gross floor area | |
Garden centers | 1 per 400 square feet of gross floor area plus 1 per 1,000 square feet of outdoor storage/sales area | |
Hotels | 0.75 per room plus parking calculated separately for other accessory uses | |
Medical and dental offices | 1 per 200 square feet of gross floor area | |
Personal service establishments/ health clubs and gymnasiums | 1 per 200 square feet of gross floor area | |
Public entertainment or amusement, when capacity can not be measured in terms of seats | 1 parking space for each 400 square feet of floor space devoted to patron usage | |
Offices | 1 per 300 square feet of gross floor area | |
Restaurants | 1 per 3 seats or 1 per 100 square feet of gross floor area, whichever is greater | |
Retail or service business | 1 per 250 square feet of gross floor area, except furniture stores: 1 per 500 square feet of gross floor area | |
Retail craft uses | 1 per 300 square feet of gross floor area | |
Theaters, movie theaters, auditoriums and other places of public assembly | 1 per 4 seats, except multiscreen movie theaters: 1 per 3 seats | |
Veterinary offices or hospitals | 1 per 200 square feet of gross floor area | |
Wholesale price clubs and big-box retail | 1 per 300 square feet of gross floor area | |
Planned/regional shopping centers | 1 per 200 square feet of gross floor area | |
Gas station, automobile supply and service store | 1 per 400 square feet of gross floor area plus 3 per service bay | |
Building supply yards | 1 per 400 square feet of gross floor area plus 1 per 1,000 square feet of outdoor storage/sales area | |
Light industrial uses | 1 per 400 square feet of gross floor area | |
Manufacturing and utilities | 1 per 300 square feet of gross floor area | |
Miniwarehouse or self-storage warehouses | 4, plus 1 per 2,500 square feet of gross floor area | |
Warehousing and storage of nonhazardous and noncombustible material | 1 per 3,000 square feet of gross floor area | |
Distribution and wholesaling | 1 per 300 square feet of gross floor area | |
Business or professional office building or use | 1 per 200 square feet of gross floor area | |
Church, other places of worship | 1 parking space for each 3 seats | |
Other uses | Such number as the Board of Trustees shall determine is reasonable and appropriate after considering the particular use |
D.
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Board of Appeals, which shall consider all factors entering into the parking needs of such use.
E.
The required off-street parking facilities for structures and land uses which are hereafter developed shall be provided on the same lot or premises with such structure or land use; except that off-street parking space required for structure and uses on two adjoining lots may be provided in a single common facility in one or both of such lots in accordance with an agreement between the owners of such adjoining lots, such agreement to be filed with the Building Inspector; and except that the Board of Appeals may permit all or part of the required spaces to be located on any lot within 500 feet of the building, except in a residence district, if the Board determines that it is impractical to provide time required parking on the same lot with the building.
F.
In any Residence AAA, AA, A and B District, no unenclosed off-street parking area shall be developed within 25 feet of a front lot line or shall be developed within five feet of a side or rear lot line. In any Residence AAA, AA, A, B or Multifamily Districts no commercial vehicle of any kind or description shall be garaged in or upon said premises nor shall any such vehicle be parked in the driveway or elsewhere in or upon said premises.
G.
The plans for any new building or any replacement or reconstruction of an existing building when submitted to the Building Inspector for a building permit shall show specifically the location and size of the off-street parking facilities required to comply with this chapter, and the means of access to such space from the public streets or highways; and except for one-family dwellings, the plan for traffic access, traffic circulation, location and general layout of the parking facility shall be approved by the Village Engineer with regard to safety to traffic on the street, safety to pedestrians on public sidewalks and safety and adequacy of access to cars and pedestrians using the parking facility, before a building permit shall be issued.
H.
Required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Building Inspector to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways. In appropriate situations, the Building Inspector may require suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
I.
Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses except where dedicated to and accepted by the Village as public parking areas.
J.
Off-street parking areas shall comply with the following standards:
[Added 9-25-2000 by L.L. No. 4-2000]
(1)
The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 18 feet.
[Amended 10-27-2003 by L.L. No. 3-2003]
(2)
Access to parking facilities shall be designed in such a way that no vehicle exiting the space will back out into or otherwise obstruct the free flow of traffic.
(3)
There shall be adequate provision for ingress and egress to all parking spaces to ensure ease of mobility, ample clearance and safety of vehicles and pedestrians.
(4)
In developments where vehicles may be expected to wait, including, but not limited to drive-through restaurants, banks and parking facilities, six stacking spaces shall be provided per drive-up window. A bypass lane shall also be provided.
(5)
Wheel stops shall be provided in all parking facilities without curbing. The vehicle side of the wheel stop shall be no more than 12 inches from the end of the parking space.
(6)
Parking facilities shall contain appropriate plant material to minimize noise, glare and other nuisances associated with automobile parking. Not less than 10% of each parking area shall be landscaped.
(7)
Each parking bay shall be separated from other parking bays by landscaped medians. Not more than 20 continuous parking spaces shall be allowed in a row of parking without separation by a landscaped median. A landscaped median at least 10 feet wide shall be provided at each end of a parking bay. All landscaped medians shall contain appropriate plant material.
§ 210-24 Minimum floor space.
No dwelling or house shall be constructed in any district with a total gross floor area of less than 1,200 square feet, not including attics which are not designed to be used for residence purposes, basements and unenclosed porches. No apartment or multiple-dwelling structure shall be constructed in any district with an average gross floor area of less than 750 square feet for each dwelling unit included therein, exclusive of basements, garages, unenclosed porches and attics which are not intended to be used for residence purposes.
§ 210-25 Off-street loading.
[Amended 9-25-2000 by L.L. No. 4-2000; 10-27-2003 by L.L. No. 3-2003]
Off-street loading and unloading facilities shall be provided on the same site as the use to be served and shall comply with the following standards:
A.
One berth for the first 5,000 to 10,000 square feet of floor area or major portion thereof used for business purposes, and two berths for up to 20,000 square feet, one additional berth for each additional 20,000 square feet of floor area or major portion thereof used for business purposes.
§ 210-26 Site development plans.
[Amended 9-25-2000 by L.L. No. 4-2000]
A.
Site development plan required. In all cases except single-family residences, no building permit shall be issued and no building or use shall be established or continued except in conformity with a site development plan approved by the Board of Trustees, and no certificate of occupancy shall be issued until all of the requirements of this section, including those required by the Board of Trustees under the provisions of this section, have been met. Continued conformance with such a plan shall be a condition of the approval of each such site development plan and of any certificate of occupancy.
B.
Application for site development plan approval. An application for site development plan approval by the Board of Trustees shall be made to the Inspector of Buildings in accordance with the following procedure:
(1)
Prior to the submission of a formal site plan application, the applicant shall request that the Inspector of Buildings conduct a presubmission conference with respect to the proposed site plan. The request for such review shall be accompanied by the fee therefor as established by the Board of Trustees. The purpose of the presubmission conference shall be to discuss the proposed site plan and the procedures and requirements of this section so that any subsequent steps may be taken with a clear understanding of the requirements relating to the development of the site.
(2)
Within six months following the presubmission conference, and at least 15 days prior to the Board of Trustees' meeting at which the plan is initially submitted to the Board of Trustees for review, 10 copies of the site plan and any related information, including a letter of application, shall be submitted to the Inspector of Buildings. The fifteen-day requirement may be reduced to a minimum of 10 days at the discretion of the Board of Trustees, provided that such reduction will not preclude a thorough review of the site plan by appropriate Village officials prior to its presentation at the Board of Trustees' meeting at which approval is requested. Subsequent submissions, data and material as deemed necessary and so requested by the Board of Trustees shall be submitted to the Inspector of Buildings at least seven days prior to the meeting at which such data or material will be reviewed, unless otherwise directed by the Board of Trustees.
(3)
The site plan shall be signed and sealed by the registered architect or professional engineer responsible for its preparation. Unless specifically modified by the Board of Trustees, the site plan shall be prepared at a scale of one inch equals 30 feet. The site plan shall include the elements hereinafter set forth and any other or further information required by the Inspector of Buildings in the presubmission conference and by the Board of Trustees thereafter, all of which information, in total, shall constitute the site plan.
(a)
Legal data.
[1]
The section, block and lot number of the property, taken from the latest tax records.
[2]
The name and address of the owner of record and the applicant, if not the same.
[3]
The name and address of the person, firm or organization preparing the plan.
[4]
The date, North arrow, graphic scale and latest revision date.
[5]
A survey of the site, prepared and certified to the property owner by a surveyor licensed in the State of New York. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
[6]
A vicinity map identifying the location of the site in context to the surrounding area and locating any municipal boundary within 500 feet of the site.
[7]
The location, names and existing widths of adjacent streets and curblines.
[8]
The locations and owners of all adjoining lands, as shown on the latest tax records.
[9]
The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.
[10]
An abstract of title, setting forth any existing easements, deed restrictions or covenants applying to the property.
[11]
Existing zoning district boundaries.
(b)
Natural features.
[1]
Existing contours with intervals of two feet or less, referred to a datum satisfactory to the Village Engineer.
[2]
The location of existing watercourses, wetlands, wooded areas, rock outcrops, areas of slope in excess of 20%, trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant environmental features.
(c)
Existing structures and utilities, both aboveground and underground.
[1]
The location of uses and outlines of structures, drawn to scale, on and within 50 feet of the site.
[2]
Paved areas, sidewalks and vehicular accessways between the site and public streets.
[3]
Locations, dimensions, grades and flow directions of existing sewers, culverts and waterlines, as well as other underground and aboveground utilities within and adjacent to the property.
[4]
Other existing development, including fences, landscaping and screening.
(d)
Proposed development.
[1]
The location of proposed buildings or structural improvements.
[2]
The location and design of all uses not requiring structures, including off-street parking and loading areas.
[3]
The location, direction, illumination and time of use for any proposed outdoor lighting or public address systems.
[4]
The location and plans for any freestanding signs.
[5]
The location and arrangement of proposed means of pedestrian and vehicular access, including curbs, sidewalks, driveways or other paved areas, and profiles indicating grading and cross sections showing the width of roadways and the location and width of sidewalks and curbs.
[6]
Any proposed screening and other landscaping, including types and locations of proposed street trees, on a landscape plan prepared by a licensed architect or landscape architect.
[7]
The location of all proposed waterlines, valves and hydrants, the location of storm sewers and drainage facilities and the location of all sewer lines and appurtenances or the location of alternate means of water supply and sewage disposal and treatment.
[8]
An outline of any proposed easements, deed restrictions or covenants.
[9]
A quantitative summary of proposed site plan features, including the gross lot area, net lot area, site development coverage, building coverage and building gross floor area.
[10]
Any contemplated public improvements on adjoining properties.
[11]
Any proposed new grades, indicating clearly how such grades will meet existing grades.
[12]
Architectural details of the proposed development, including exterior elevations, roof plans clearly indicating all proposed rooftop equipment, building materials information and samples of the same and any pertinent architectural renderings or other information that the applicant wishes to submit in support of the proposal.
(e)
If the site plan encompasses a large tract with several principal buildings, the applicant may submit a staging plan for the development of the entire tract, or the Board of Trustees may require an overall plan for said tract in accordance with existing zoning controls, assuming the first-stage use encompasses the entire tract. Such a plan shall indicate an overall illustrated design for the entire site, plus detailed information for the first stage or stages. The Board of Trustees shall review the stage presented in accordance with the provisions of this section and also with reference to the overall development planned for the site.
(f)
The submission shall also include a completed site plan application checklist, copies of which are available from the Inspector of Buildings.
(g)
Upon a finding by the Board of Trustees that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board of Trustees may vary or waive the requirement for such information, provided that such waiver will not have a detrimental effect on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Official Map, Village Comprehensive Plan or this chapter.
(4)
Applications for amendments to an approved site plan shall be made and acted upon in the same manner as the procedure set forth above. The Board of Trustees may refuse to consider an application for a new site plan or amendment to an approved site plan if the Inspector of Buildings determines that the site is not in compliance with its current approved site plan by reason of the failure of the applicant or property owner to satisfy any of the conditions imposed upon the approval of such site plan.
(5)
The Inspector of Buildings shall review each proposed site plan or amended site plan for compliance with the Village Code and shall present the site plan or amended site plan to the Board of Trustees only after he is satisfied that it does so comply with the Village Code. The application shall be deemed submitted to the Board of Trustees upon its presentation to the Board of Trustees by the Inspector of Buildings at a regular meeting. In the event that the Village Code is amended during the pendency of the application in any respect which may apply to the proposed site plan or amended site plan, the Board of Trustees shall suspend its review of the application and take no action with respect thereto until the Inspector of Buildings has reviewed the site plan or amended site plan for compliance with the Village Code, as amended. If the Inspector of Buildings determines that the site plan does not comply with the Village Code as amended, the Inspector of Buildings shall so report to the Board of Trustees, which shall thereupon deny the application for approval of the site plan or amended site plan.
(6)
Review of the application shall be coordinated with the requirements of the New York State Environmental Quality Review Act (SEQRA) and the review of any other application for a permit that may be required pursuant to state or local law. The Board of Trustees may refer the application to the Planning Board for the purpose of conducting a detailed review of the application and making a recommendation to the Board of Trustees with respect to any action to be taken. When the Board of Trustees deems it to be appropriate to do so, the Fire Department shall be requested to review a site plan for fire access and safety considerations.
(7)
Superseding Subdivision 2 of § 7-725[1] of the Village Law insofar as it imposes a limitation upon the time within which the Board of Trustees must decide upon an application for site plan approval and anything to the contrary contained therein notwithstanding, the Board of Trustees shall decide upon an application for approval of a site plan within six months of its submission or any public hearing held thereon, whichever shall be later, and shall not be required to decide sooner.
[1]
Editor's Note: Village Law § 7-725 was repealed L. 1992, c. 694, § 3, effective July 1, 1993, and is now covered by Village Law § 7-725-a.
(8)
In order to ensure that the cost to the Village of any engineering, planning, legal or other expert consultations required in connection with the review of any application for approval of a site plan or amendment to an approved site plan shall be borne by the applicant, the applicant shall, upon the submission of an application pursuant to this section, deposit with the Treasurer of the Village of Pelham Manor a sum in the amount established by the Board of Trustees. The Board of Trustees shall not consider any application for which a deposit is required under this section until the Treasurer has certified that the required deposit has been made. The sum deposited shall be held by the Treasurer in a separate trust and agency account for the benefit of the applicant and will be disbursed by the Treasurer for the payment of such engineering, planning, legal or other expert consultations as are required by the Board of Trustees or Village Manager for the review of the application for approval of the site plan or amendment to an approved site plan or other application related thereto, in accordance with the usual requirements of the Village for the payment of bills. In the event that, prior to the completion of the review of the application, the sum deposited is depleted, the applicant shall deposit an additional amount as established by the Board of Trustees. Review of the application shall be suspended until the applicant makes the additional required deposit. After the final action of the Board of Trustees with respect to the application and upon payment of all of the fees for the reviews contemplated herein, the balance remaining in the trust and agency account shall be returned to the applicant. The requirements of this section shall be strictly enforced by the Board of Trustees and the Inspector of Buildings, and no building permit or certificate of occupancy shall be granted until all of the fees required to be paid pursuant to this section have been paid.
C.
Standards for site development plan approval. In considering and acting upon site plans, the Board of Trustees shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the residents of the proposed development, if any, and of the immediate area in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the extent possible, further the expressed purposes of this chapter and the accomplishment of the following objectives in particular:
(1)
Pedestrian and vehicular access and safety: that all proposed accessways are adequate but not excessive in number, width, grade, alignment and visibility; are not located too near to street corners or other places of public assembly; and satisfy other similar safety considerations.
(2)
Traffic circulation: that the interior traffic circulation system is adequate to provide safe access to all buildings on the site and to all required off-street parking and loading areas.
(3)
Landscaping and screening: that all areas where landscaping is required are reasonably screened at all seasons of the year, particularly from the view of adjacent residential lots and streets.
(4)
Drainage and utilities: that all facilities for water, sanitary sewer, storm drainage and other utility services are adequately designed and that the site drainage system affords the best practical solution to on-site and off-site drainage problems.
(5)
Character and appearance: that the site layout of the proposed use, buildings, structures, signs and lighting shall be in general harmony with the character and appearance of the surrounding area and that of the Village as a whole.
(6)
Environmental preservation: that the proposed development or use is designed so as to minimize any adverse environmental effects; that all water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees, significant geological features and other areas of scenic or ecological value are preserved to the extent possible; that soil erosion is prevented to the extent possible; and that flood hazards are minimized.
(7)
Fire protection: that all proposed structures, equipment and materials and the design of all sites are readily accessible for fire protection.
§ 210-26.1 Approval of special permits.
[Added 9-25-2000 by L.L. No. 4-2000]
A.
Where a special permit is required for any particular use, no building permit shall be issued and no building or use shall be established or continued except in conformity with a special permit approved by the Board of Trustees, and no certificate of occupancy shall be issued until all of the requirements of this section, including those required by the Board of Trustees under the provisions of this section, have been met. Continued conformance with such a plan shall be a condition of the approval of such plan and of any certificate of occupancy.
B.
Prior to the submission of a formal application for a special permit, the applicant shall request that the Inspector of Buildings conduct a presubmission conference with respect to the proposed special permit. The request for such review shall be accompanied by the fee therefor as established by the Board of Trustees. The purpose of the presubmission conference shall be to discuss the proposed special permit and the procedures and requirements of this section so that any subsequent steps may be taken with a clear understanding of the requirements relating to the proposal.
C.
On application and after public notice given at least 15 days before a public hearing, the Board of Trustees may authorize the issuance by the Inspector of Buildings of a permit for any of the uses for which a special permit is required by this zoning law. In approving special permits, the Board of Trustees shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general. The Board of Trustees may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the extent possible, further the expressed intent of this chapter; and be of such location, size and character that, in general, the proposed development will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated; not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; and be so designed that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the neighboring uses or conflict with the normal traffic of the area.
D.
Each application for a special permit shall be accompanied by a proposed plan showing the size and location of the lot and the location of all existing and proposed buildings and facilities, including access drives, parking areas, all streets within 200 feet of the site and all municipal boundaries within 500 feet of the site.
E.
Each application for a special permit shall be accompanied by a fee as established by the Board of Trustees. In addition thereto, and in order to ensure that the cost to the Village of any engineering, planning, legal or other expert consultations required in connection with the review of any application for a special permit shall be borne by the applicant, the applicant shall, upon the submission of an application pursuant to this section, deposit with the Treasurer of the Village of Pelham Manor a sum in the amount established by the Board of Trustees. The Board of Trustees shall not consider any application for which a deposit is required under this section until the Treasurer has certified that the required deposit has been made. The sum deposited shall be held by the Treasurer in a separate trust and agency account for the benefit of the applicant and will be disbursed by the Treasurer for the payment of such engineering, planning, legal or other expert consultations as are required by the Board of Trustees or Village Manager for the review of the application for a special permit or other application related thereto, in accordance with the usual requirements of the Village for the payment of bills. In the event that, prior to the completion of the review of the application, the sum deposited is depleted, the applicant shall deposit an additional amount as established by the Board of Trustees. Review of the application shall be suspended until the applicant makes the additional required deposit. After the final action of the Board of Trustees with respect to the application, and upon payment of all of the fees for the reviews contemplated herein, the balance remaining in the trust and agency account shall be returned to the applicant. The requirements of this section shall be strictly enforced by the Board of Trustees and the Inspector of Buildings, and no building permit or certificate of occupancy shall be granted until all of the fees required to be paid pursuant to this section have been paid.
F.
In cases where a parcel of land for which a special permit has been requested is located within 500 feet of the boundary of another municipality, the Village Manager shall transmit a copy of the official notice of hearing to the Municipal Clerk of the affected municipality. Said notice shall also be submitted to the Westchester County Planning Board when so required by the Westchester County Administrative Code.
G.
The Board of Trustees may review any previously granted special permit for compliance with conditions imposed. Such review shall follow public notice given 15 days before a public hearing held thereon. Notice of such hearing shall be given to the owner of the property by certified mail, return receipt requested, not less than 15 days before the public hearing held thereon. The special permit may be revoked following the hearing upon a written determination by the Board of Trustees that specific, identified conditions upon which the special permit was granted have not been or are no longer being satisfied. The Board of Trustees shall set forth in its determination the reasonable time within which satisfaction of the conditions is required. If the applicant satisfies the conditions within the specified time period, the Board of Trustees shall reinstate the special permit. If the applicant fails to satisfy the conditions within the specified time period, the Inspector of Buildings shall revoke the certificate of occupancy for the premises.
§ 210-27 Wireless communication facilities.
[Added 2-23-1998 by L.L. No. 1-1998]
Wireless communication facilities shall be permitted pursuant to a special permit issued by the Board of Trustees in accordance with the provisions of this section.
A.
Application. An application for a special permit for a wireless communication facility pursuant to this section shall contain the following:
(1)
The name and address of the owner of the proposed wireless communication facility and the name and address of the owner of the property on which such facility is proposed to be located.
(2)
The name and address of a natural person who resides or has a place of business within 50 miles of the Village of Pelham Manor who shall be designated the managing agent in control of and responsible for the maintenance of the wireless communication facility and who shall be designated as the person upon whom process may be served as agent of the applicant.
[Amended 11-9-1998 by L.L. No. 2-1998]
(3)
A full environmental assessment form (EAF), Part 1, and the visual EAF addendum (Appendix A and Appendix B, 6 NYCRR Part 617.20), including graphic information in the form of photographs or computer generated images with the wireless communications facility superimposed, that portrays the visual impact of the facility from various vantage points.
(4)
If the applicant is not the owner of the property on which the wireless communication facility is proposed to be located, a copy of the signed lease or other agreement pursuant to which the applicant is entitled to utilize such property for such facility.
(5)
A report signed by a licensed professional engineer with expertise in wireless communication facilities, containing the following:
(a)
A description of the proposed wireless communication facility and all related fixtures, structures, appurtenances and apparatus, including, but not limited to, the number, type, design, make, model and manufacturer of the proposed antennas.
(b)
The frequency, modulation and class of service of the facility.
(c)
The transmission and maximum effective radiated power of the facility.
(d)
The direction of maximum lobes and associated radiation of the facility.
(e)
Certification, together with the data and calculations on which such certification is based, of the maximum amount of NIER and any other regulated frequency or emission which will be emitted from the proposed wireless communication facility upon its installation and that the facility will comply with the standard for public exposure to NIER established by the Institute of Electrical and Electronics Engineers/American National Standards Institute (1992 ANSI/IEEE C95.1), as same may hereinafter be revised, or, if a regulation establishing standards for NIER or any other regulated frequency or emission has been or is hereafter promulgated by the Federal Communications Commission in accordance therewith.
(f)
Certification, together with the data and calculations on which such certification is based, that the proposed antenna array will not cause interference with existing communication devices.
(6)
A report signed by a licensed professional engineer qualified to certify the structural soundness of the installation, containing the following:
(a)
With respect to a wireless communication installation, certification, together with the data and calculations on which such certification is based, that the building or structure on which the proposed wireless communication facility is to be mounted is capable of supporting the proposed facility, and that the proposed method of affixing the proposed facility to the building or structure is structurally sound.
(b)
With respect to a wireless communication monopole or wireless communication tower:
[1]
A description of the monopole or tower, including the number of antennas it can accommodate and the precise point at which the antennas shall be mounted.
[2]
Certification that the monopole or tower is capable of supporting the proposed installation and of sustaining wind pressure and overturning moment in accordance with New York State Uniform Fire Prevention and Building Code.
[3]
Documentation of the additional capacity for future shared use of the monopole or tower.
(7)
A statement of anticipated on-site service needs, including frequency of service visits and types of vehicles used for service.
(8)
A landscape plan delineating the existing trees to be preserved, the location and dimensions of proposed planting areas, the size, type and number of trees and shrubs to be planted and any other buffers, screening or fences, including elevations of fences and descriptions of materials to be used.
(9)
A map depicting and listing all existing sites containing wireless communications facilities in the Village and in adjoining municipalities used by or known to the operator, owner or applicant.
(10)
Copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the proposed wireless communication facility.
(11)
A letter of intent committing the applicant and the applicant's successors in interest to negotiate in good faith for shared use of the proposed tower by other wireless communication services providers in the future, in accordance with Subsection E(3) of this section.
(12)
An affidavit stating that the applicant has provided a copy of the application to each municipality which adjoins the Village not less than 20 days prior to the date on which the application will first be heard by the Board of Trustees.
(13)
The fee established by the Board of Trustees.
B.
Procedure. Before acting upon an application for a special permit in accordance with this section, the Board of Trustees shall:
(1)
Establish the amount of the deposit to cover the cost of reviewing the application, as provided in Subsection F of this section.
(2)
Commission and consider the report prepared by a qualified expert selected by the Board of Trustees at the cost of the applicant to review the technical and engineering aspects of the application.
(3)
Comply with the requirements of the New York State Environmental Quality Review Act.
(4)
Render a decision within a reasonable period after it has received all of the information required by this section.
(5)
If the Board of Trustees decides to deny the application, render its decision in writing, setting forth the reasons therefor.
C.
Determination. The Board of Trustees shall grant a special permit for a wireless communication facility pursuant to this section only upon finding that:
(1)
The applicant is duly authorized to provide wireless communication services by the FCC and is required thereby to provide such services in the area in which the Village is located.
(2)
The facility is necessary to meet the current or expected demands for the wireless communications services provided by the applicant.
(3)
The proposed wireless communication facility is necessary to provide service to locations which cannot be served with existing wireless communication facilities within and outside of the Village or from less obtrusive locations within or outside of the Village.
(4)
The proposed facility conforms with applicable regulations promulgated by the Federal Communications Commission.
(5)
The proposed facility is so sited as to minimize its visibility from surrounding public streets and adjacent properties.
(6)
The proposed facility is the least obtrusive type of wireless communication facility technologically capable of meeting the current or expected demands for the wireless communication services provided by the applicant.
(7)
The design and finish of the proposed facility minimize its visual impact.
(8)
The proposed facility is designed, and will be constructed, maintained and operated in a manner that minimizes noise and traffic to surrounding areas, ensures the security of the facility, and is inaccessible to the public by fencing or other means not inconsistent with this Code.
(9)
The application is for the collocation of the proposed facility with an existing or approved wireless communication facility, or the applicant has made a reasonable effort to collocate the proposed facility with existing or approved wireless communication installations, but such collocation is infeasible as defined in § 210-15 of this chapter and the applicant has made a reasonable effort to collocate the proposed facility with existing or approved wireless communication towers and wireless communication monopoles, but such collocation is infeasible as defined in § 210-15 of this chapter.
[Amended 11-9-1998 by L.L. No. 2-1998]
(10)
The applicant has made a reasonable effort to establish a preferred facility, as defined in § 210-15 of this chapter, but all such facilities are infeasible; provided, however, that the order of preference may be deviated from if the Board of Trustees, in its sole and absolute discretion, determines that there is a compelling reason for doing so.
(11)
The proposed facility complies with all dimensional requirements, including the lot and building limitations set forth in this chapter, for the district in which it is located except that:
(a)
The height of such facility, as measured to its highest point, may exceed the maximum otherwise applicable to buildings or structures in the zoning district in which it is located, but only to the following extent:
[1]
In the case of a wireless communication facility attached to an existing structure, by not more than 10 feet above the highest point of the building or structure on which it is located.
[2]
In the case of a wireless communication tower or monopole, by not more than the minimum height necessary to accomplish the purposes to be served by such installation or 100 feet above grade, whichever shall be less.
(b)
The facility shall meet the following setback regulations:
[1]
A wireless communication tower or monopole shall be located no closer than 125 feet from a dwelling or multifamily house.
[2]
An antenna array attached to the side of an existing structure may extend up to five feet horizontally from the side of the structure, provided that the antenna array does not encroach upon an adjoining parcel.
D.
Standards. Every wireless communication facility shall comply with the following standards:
(1)
A wireless communication tower shall not be permitted unless the applicant demonstrates that a wireless communication monopole is incapable of providing the structural support necessary for the proposed facility.
(2)
A wireless communication tower shall be self-supporting without the use of wires, cables, beams or other means and shall utilize an open framework configuration without permanent platforms or structures that serve to increase off-site visibility, exclusive of antennas.
(3)
A wireless communication facility which is attached to a structure shall be of colors that match, and cause the facility to blend with, the exterior of the structure to which it is attached.
(4)
A wireless communication monopole or wireless communication tower shall be of a neutral dark color that is harmonious with, and that blends with, the surrounding natural features, buildings and structures.
(5)
Every wireless communication monopole or tower shall be designed and constructed, structurally, electrically, and in all respects, to:
(6)
No accessory structure shall be permitted other than an equipment facility housing equipment which is required to be located at the site of the wireless communication facility, which such equipment facility shall be located completely below grade, unless such location is impracticable, in which case the equipment facility shall be located within an existing building or structure, unless such location is impracticable, in which case the equipment facility shall be located partially below grade, unless such location is impracticable, in which case the equipment facility may be located at grade. An equipment facility which is not located within an existing building or structure shall be treated in an architectural manner compatible with the buildings and structures in the vicinity using materials, colors and textures designed to blend with the surrounding natural features, buildings and structures.
(7)
The area surrounding the wireless communication facility shall be maintained in its existing state if sufficient to provide a natural vegetative buffer or it shall be landscaped and maintained with paving, evergreen trees, evergreen shrubs and ground cover consistent with the surrounding community character and preserving, to the maximum extent possible, the natural vegetation.
(8)
When a fence is required to secure a wireless communications facility, the outside of such fencing shall be landscaped with evergreen trees, evergreen shrubs or climbing evergreen material on the fencing.
(9)
Signal lights or illumination of the wireless communication facility shall be prohibited unless required by the Federal Communication Commission, Federal Aviation Administration or other governmental entity having jurisdiction.
(10)
No sign shall be placed on a wireless communication facility unless required by applicable laws or regulations.
(11)
Adequate emergency and service access to the site shall be provided by existing public or private roads, if possible, or by a new road if necessary, and sufficient parking shall be available to satisfy the anticipated demands of vehicles necessary to service the facility.
(12)
Uses ancillary to the wireless communications facility, other than the equipment required on-site to effectuate the purposes of the wireless communication facility are prohibited.
E.
Terms and conditions. Each special permit granted pursuant to this section shall be subject to such terms and conditions as the Board of Trustees shall establish with relation to the specifics of the application, which shall include the following:
(1)
The special permit shall be limited to the applicant, and neither the special permit nor any of the rights thereunder may be assigned or transferred without the prior approval of the Board of Trustees.
(2)
The permit shall be subject to review every 10 years to determine whether by reason of technological change or otherwise the special permit is no longer necessary and should be modified or terminated.
(3)
The wireless communication service provider shall:
(a)
Respond in a timely and comprehensive manner to a request for information from a potential applicant seeking to collocate on the facility.
(b)
Negotiate in good faith with each such potential applicant for shared use of the facility.
(c)
Allow shared use of the facility if such applicant agrees in writing to reasonable terms therefor, including a reasonable charge.
(d)
Make no more than a reasonable charge for shared use, based on generally accepted accounting principles, which such charge may include, but is not necessarily limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the facility to accommodate a shared user.
(4)
Prior to the commencement of construction, the applicant shall submit a bond acceptable in form to the Village Attorney and in an amount established by the Village Manager sufficient to ensure the safe and timely removal of the wireless telecommunications facility in case of abandonment, which such bond shall be renewed by the applicant annually thereafter.
(5)
The wireless communication service provider shall, by its qualified professional engineer and/or health physicist, certify on an annual basis that there has been no modification or change in the facility which will affect the maximum amount of NIER and any other regulated frequency or emission which will be emitted from the proposed wireless communication facility.
(6)
The wireless communication services provider shall certify on an annual basis the continuing compliance with the requirement set forth in § 210-27A(5)(e) hereof of compliance with the FCC standards for public exposure to NIER and any other regulated frequency or emission which will be emitted from the proposed wireless communication facility. If new, more restrictive standards are hereafter adopted, the wireless communication facility shall be made to comply therewith. The cost to the Village of verifying compliance shall be borne by the wireless communication services provider.
(7)
If the wireless communication service provider determines at any time during the operation of the wireless communications facility that the emissions of NIER and any other regulated emission from the wireless communication facility are not in compliance with standards established by the Federal Communication Commission, the wireless communication service provider shall immediately notify the Village Manager.
(8)
The wireless communication services provider shall maintain all licenses and permits required for the operation of the facility and shall provide to the Village evidence of each such renewal or extension thereof when granted.
(9)
A wireless telecommunications facility which is not operated for the provision of wireless communication services for a continuous period of 12 months or more may be deemed to be abandoned by the Village. Upon receipt of notice of a determination of abandonment from the Village, the wireless communication service provider shall remove the wireless communication facility within 90 days.
(10)
If the wireless communication provider files with the FCC a notice of intent to cease operations, a copy of such notice shall be provided to the Village within 30 days of the filing such notice, and the wireless communication facility shall be removed within 90 days of the filing such notice.
(11)
If a wireless communication service provider has failed to remove a nonoperating wireless communication facility within the time prescribed by this section, the Village may remove such facility and at the expense of the wireless communication service provider and may obtain reimbursement for the costs it has incurred thereby from the wireless communication service provider directly or under the terms and conditions of the bond required pursuant to this section.
F.
Review costs. The cost to the Village of reviewing an application for a special permit pursuant to this subsection and the cost of any subsequent or continuing review required by this subsection or the terms of any permit granted hereunder, shall be borne by the applicant. Upon the initial review by the Board of Trustees of an application for a special permit pursuant to this section, the Village Manager shall determine and report to the Board of Trustees an estimate of the cost to the Village of the review of the application, including the cost of the expert report required by Subsection B(2) of this section. The Board of Trustees shall consider the estimate reported by the Village Manager and shall require the applicant to deposit with the Village Treasurer an amount sufficient to satisfy such cost. The application shall not be considered further until the applicant has deposited the required amount with the Village Treasurer. The Village Treasurer shall maintain such amount in an interest-bearing account for the benefit of the applicant to be used to satisfy any obligation which the Board of Trustees shall determine the applicant to have for the cost of reviewing the application. Upon the Board's determination of such obligation, the Village Treasurer is authorized to transfer to the general fund of the Village any amount necessary to satisfy such obligation. To the extent that there are funds remaining in such account after the satisfaction of such obligation, such funds shall be returned to the applicant. In the event that the funds deposited with the Village Treasurer are insufficient to satisfy the applicant's obligation hereunder, the applicant shall deposit such additional sums as in the judgment of the Village Manager shall be sufficient to satisfy the applicant's anticipated future obligations. In rendering its decision with respect to the application, or upon the sooner withdrawal of the application, the Board of Trustees shall cause to be determined and shall set forth the cost to the Village of the review of the application. Such cost as determined by the Board of Trustees shall be paid to the Village Treasurer by the applicant prior to the issuance of any permit pursuant to this subsection. The Board of Trustees shall similarly determine any cost incurred by the Village subsequent to the issuance of a permit, which such cost shall be paid by the applicant within 30 days of the determination of the Board of Trustees. Any cost not so paid shall be collected in the manner provided by law.
G.
Effect on existing wireless communication facilities. Wireless communication facilities in existence and use on the effective date of this section which do not conform to or comply with this section may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section. Any such wireless communication facility which is hereafter damaged or destroyed due to any reason or cause other than the intentional act of its owner may be repaired and restored to its former use, location and physical dimensions without complying with this section, unless the cost of such repair or restoration would exceed 10% of the cost of a new facility of like kind and quality constructed in compliance with this section, in which case the damaged or destroyed facility may not be repaired or restored except in full compliance with this section.
§ 210-27.1 Development coverage in residential districts.
[Added 2-10-2003 by L.L. No. 1-2003]
A.
A lot of less than 10,000 square feet shall have a maximum development coverage of 45%.
B.
A lot of 10,000 square feet but less than 15,000 square feet shall have a maximum development coverage of 40%.
C.
A lot of 15,000 square feet but less than 20,000 square feet shall have a maximum development coverage of 35%.
D.
A lot of 20,000 square feet or greater shall have a maximum development coverage of 30%.
E.
In instances where no more than 40 square feet of additional coverage is proposed, the owner of a residential parcel need not provide a certified survey demonstrating compliance with the lot coverage requirements of the Zoning Ordinance, provided the records of the Village do not disclose that the permitted lot coverage for the parcel in question will be exceeded by the addition of the proposed additional coverage.
§ 210-27.2 Setbacks in residential districts.
[Added 2-10-2003 by L.L. No. 1-2003]
A.
A lot of less than 20,000 square feet shall have the principal building, sporting structures, not accessory to a driveway, and swimming pools set back no less than 10 feet from each side lot line.
B.
A lot of 20,000 square feet or more shall have the principal building, sporting structures, not accessory to a driveway, and swimming pools set back no less than 15 feet from each side lot line.
§ 210-27.3 Special permits.
[Added 2-10-2003 by L.L. No. 1-2003]
In the event of an application to build a residence on a vacant lot, to rebuild a residence on a lot where 50% or more of the existing residence has been removed or destroyed or to build an addition of 500 square feet or more to an existing residence, the applicant shall be required to obtain a special permit from the Board of Appeals, subject to the following criteria:
A.
The Board of Appeals must make a finding that there is a complementary relationship established between building height and setback, especially side yard setbacks to reduce any adverse impacts of a large house overshadowing a neighboring smaller house.
B.
When a structure is located on a parcel which exceeds the elevation of any adjoining parcel by seven feet or more (as measured from the top of the basement or cellar of the structure located on the applicant's property to the adjoining property line) such a height difference shall require that the house be set back an additional five feet from each side yard for each story above the first floor of the structure, it being intended that a story shall have a wall height of no more than ten feet between the floor and the ceiling.
§ 210-27.4 Elevation or grade.
[Added 2-10-2003 by L.L. No. 1-2003]
Depositing fill on any site which results in a change in the grade of any portion of the site by two feet or greater shall require a permit from the Village Manager or his/her designee. No such permit shall be issued until an application, on a form approved by the Village Manager, shall be submitted which shall demonstrate the need for the change in grade accompanied by a topographic survey showing existing and proposed grades at two-foot intervals and a plan signed by a licensed engineer or architect demonstrating that the change in grade shall not cause an increase in runoff onto streets or adjacent properties. In the event the Village Manager or his/her designee denies the permit, the applicant shall have the right, within 30 days of the filing of the denial in the Village Clerk's office, to seek review of the denial before the Board of Appeals.