Pound Ridge City Zoning Code
ARTICLE VIII
Special Permit Standards
§ 113-49 Purpose.
The special "uses" for which conformance to additional standards is required by this chapter shall be deemed to be permitted "uses" in their respective "districts," provided that the special "use" is constructed, operated and maintained in conformance with the requirements and standards set forth herein in addition to all other requirements of this chapter. All such "uses" are declared to possess characteristics of such unique and special forms that each specific "use" shall be considered as an individual case.
§ 113-50 Procedure and general standards for special permit applications.
Application for required special permits shall be made to the Town Board. Within 45 days from receipt of the application, each such application shall be referred to the Planning Board and any other board(s) deemed appropriate for a report, which report shall be rendered prior to the date of public hearing on the application. The Planning Board's report shall specify whether and to what extent the application complies with the general standards of § 113-60 and the requirements of § 113-61 of this chapter. The Town Board shall forward a notice of public hearing on all applications affecting a change in the use of the property to the Westchester County Planning Board, and to the adjacent municipality where it affects land within 500 feet of said municipal boundary, at least 10 days prior to a public hearing in accordance with § 277.61 and § 277.71 of the Westchester County Administrative Code. The application shall also be referred to the County Planning Board 30 days prior to final action where such development abuts a state or County highway, park, drainage channel or "building" site in accordance with § 239-m of General Municipal Law. An act contrary to the recommendations of the County Planning Board shall require a vote of a majority plus one of all the members of the Town Board. Within 30 days after final action, the Town Board shall file a report of the final action it has taken with the County Planning Board. The Town Board, after public notice and hearing in the same manner as is required by law for zoning amendments, shall authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:
A.
The location and size of the "use," the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to "streets" giving access to it are such that it will be in harmony with the appropriate and orderly development of the "district" in which is located.
B.
The location, nature and "height" of "buildings," "walls" and "fences" and the nature and extent of the landscaping on the site are such that the "use" will not hinder or discourage the appropriate development and "use" of adjacent land and "buildings."
C.
Operations in connection with any special "use" will not be more objectionable to nearby properties by reason of noise, fumes, vibration, glare or flashing of lights than would be the operations of any permitted "use" not requiring a special permit.
D.
"Parking areas" will be of a size sufficient to provide an adequate number of spaces to serve the particular "use" and shall be properly located. The entrance and exit drives shall be located so as to achieve maximum safety. Landscaping and other forms of screening shall also be provided as determined to be necessary by the Town Board to protect adjoining and nearby properties.
§ 113-51 Submission of plan.
The applicant shall submit 10 copies of a complete application, including the following:
B.
A written statement describing the nature of the proposed special "use" and how it will serve to implement the intent and purposes of this chapter and the Town of Pound Ridge Plan of Development.
C.
An application fee shall accompany each such application in an amount set forth in a fee schedule as may be amended from time to time by resolution of the Town Board. The Town Board may require the establishment of an escrow account deposit required in accordance with § 113-94C herein to reimburse the Town for the costs of professional review fees charged in connection with the review of the application. If the approving agency shall not deem it necessary to establish an escrow account, the applicant shall still be responsible for reimbursing the Town for charges incurred for professional review services in accordance with § 113-94B.
§ 113-52 Conditions and safeguards.
[Amended 4-11-2003 by L.L. No. 4-2003]
The Town Board shall attach such conditions and safeguards to the special permit as are necessary to assure continuous conformance to all applicable standards and requirements. All required improvements, and compliance with all applicable laws and regulations of the Town Code, shall be guaranteed by a performance and restoration bond, or other suitable form of financial security deemed acceptable by the Town Attorney, in accordance with the provisions of § 113-92.1.
§ 113-53 Scope of permit; expiration.
A special permit shall be deemed to authorize only the particular "use" or "uses" specified in the permit and shall expire if said "use" or "uses" shall cease for more than six months for any reason. Any change in an approved "use" will require reapplication for a revised special use permit.
§ 113-54 Existing violations.
No permit shall be issued for a special "use" for a property where there is an existing violation of this chapter, except as provided in Article IV.
§ 113-55 Standards for automotive service stations.
No special permit shall be issued for an automotive service station, either as a separate "use" or in connection with an automotive garage, automobile repair shop or other "use," unless the Town Board shall find that, in addition to all other requirements of this section, the proposed "use" does not adversely affect the public health, safety or general welfare and the proposed "use" meets the following standards:
A.
Distance from public and semipublic "uses." No special permit shall be issued for the establishment or enlargement of an automotive service station if any part of the "lot" in question is within a radius of 200 feet of a "lot" in "use" for any church or other place of worship, hospital, public library, public or private school or community house.
B.
Minimum size of "lot." The site in question shall have a "frontage" of at least 100 feet on a public road and shall have a depth of at least 100 feet.
D.
Tanks for gasoline and/or other motor vehicle fuel must be installed underground. The location of same shall be in conformance with the provisions set forth in the Official Compilation, Codes, Rules and Regulations of the State of New York and any other regulatory agency having jurisdiction. Storage tank inlets shall be at least 15 feet from the road right-of-way.
E.
"Use" of the service apron. All repair and service work, including car washing, but excluding emergency service, and the sale of fuels and lubricants, shall be conducted entirely within a "building." The outside storage or sale of wrecked vehicles or vehicles without a valid registration, license or vehicle emissions inspection sticker shall not be permitted, except as follows. Where wrecked vehicles are impounded on the automotive service station property at the direction of a duly authorized law enforcement agency, such wrecked vehicles shall be removed from the property within 30 days of being impounded. Such wrecked vehicles may be stored in an outside area, provided that such area is screened with an opaque "fence" in accordance with the provisions of § 113-38A(3) so as to conceal the vehicles from ground level view from the public highway or from adjacent properties.
§ 113-56 Standards for "residential care facilities."
No special permit shall be issued for a "residential care facility" unless the Town Board shall find that, in addition to all other requirements of this article, the proposed "use" meets all of the following standards and conditions:
A.
Contents of application. Every application for a special use permit to operate a "residential care facility" shall contain the following information:
(1)
The location of the proposed facility by block and "lot" number.
(2)
The legal, statutory or governmental authorization to operate the facility.
(3)
The name, address and telephone number of the operating and/or supervising agency.
(4)
A copy of the operating and/or supervising agency's rules and regulations.
(5)
A copy of the license authorizing the agency to operate the facility.
(6)
The source and amount of the funds available for the purchase, staffing and maintenance of the property.
(7)
The maximum number of persons who will live fulltime at the facility, including both residents and staff.
(8)
The ages and physical and mental condition of the persons who will be served by the facility and information describing how, by whom and for what reason each of said persons has been given into the custody of or committed to the facility.
(9)
A full description of the nature of the services to be rendered to the proposed residents.
(10)
The names, home addresses and telephone numbers and qualifications of all resident supervisors of the facility and all other staff members, resident and nonresident.
(11)
Copies of all insurance policies covering the facility or its residents.
(12)
Copies of all written agreements between the facility (or its supervisory or operating agency) and medical groups, hospitals, ambulance services, state and County health and hospital facilities, social service departments and any other agencies rendering services germane to the purposes of this facility.
(13)
The number of cars to be parked at the facility by resident staff members and residents and the number of cars to be parked each day by nonresident staff and visitors.
(14)
A certificate of conformance from the Westchester County Department of Health certifying that the septic system in place is adequate for the proposed number of all live-in residents and daytime staff. In the event that the septic system is not adequate, the applicant shall submit a construction permit approved by the Department of Health for the construction of an adequate system.
(15)
Such other information as the Board may, from time to time, require.
B.
Inspections.
(1)
Prior to the granting of the special use permit, the Building Inspector shall be granted reasonable access to the proposed facility so that he may determine whether all of the applicable provisions of the New York State Uniform Fire Prevention and Building Code have been met. In addition, the Building Inspector may make such other comments as be deems appropriate concerning all matters of health and safety, keeping in mind the number, ages and physical and mental condition of the proposed residents. The Building Inspector shall render a written report of all of his findings and recommendations to the Town Board and the applicant within 30 days after he has completed his inspection.
[Amended 4-9-1998 by L.L. No. 3-1998]
(2)
The Town Board shall inspect the proposed site to determine the location of the proposed facility with relation to public roads, access by emergency vehicles, potentially dangerous natural features, the amount of recreational space available to the proposed residents, the impact upon neighboring property owners, the proximity of any other similar facilities, the nature and character of the neighborhood and the facility's impact upon it and such other conditions as may be pertinent.
C.
New construction.
(1)
Should the applicant wish to construct a new "building" to house the facility, it shall submit with its original application a complete set of plans for the proposed facility. All new construction must conform in all respects to the New York State Uniform Fire Prevention and Building Code, all local "building" and zoning codes and any applicable Planning Board regulations. The same requirements shall apply to any and all renovations and/or additions to existing "buildings."
[Amended 4-9-1998 by L.L. No. 3-1998]
(2)
No certificate of occupancy and certificate of conformance shall be issued until the Building Inspector has determined that all conditions of this section and all applicable codes and regulations have been met.
(3)
All new construction, renovations and/or alterations shall be compatible in appearance and quality with the "buildings" in the surrounding neighborhood.
(4)
No new "building" shall be constructed and no existing "building" shall be extended to include an area in excess of 3,500 square feet of habitable space.
D.
Findings. After conformance with all of the provisions of this article, the Town Board shall issue a special use permit for the operation of a "residential care facility" only upon finding that all of the following conditions have been met:
(1)
Legal authority requires the operation of the facility.
(2)
The facility complies with all of the applicable provisions of the New York State Uniform Fire Prevention and Building Code and such other requirements by the Building Inspector as may be necessary to ensure the safety, health and welfare of the proposed residents.
[Amended 4-9-1998 by L.L. No. 3-1998]
(3)
The septic system is adequate to provide for the total number of residents, staff members and visitors.
(4)
An adequate number of off-"street" "parking spaces" are available for residents, staff and visitors. If such spaces are not already in place, the Planning Board shall have approved a plan for their construction.
(5)
The "lot" on which the "building" housing the facility is located or is to be constructed meets the minimum acreage and all other bulk requirements of the zoning "district" in which it is located.
(6)
The location of the site and its features are suitable for the intended purposes of the facility.
(7)
The proposed facility complies in all respects with all the rules, regulations, guidelines, etc., issued by the licensing, supervisory and/or operating agency.
(8)
The supervision to be provided to the proposed residents conforms to the requirements of all applicable New York State laws and regulations issued thereunder.
(9)
The operator has filed with the Town Clerk a consent form permitting a yearly inspection of the "premises" by the Building Inspector.
(10)
The operation of the facility will not change the nature or character of the neighborhood.
(11)
The proposed facility shall not be closer than 7,500 feet, measured in a straight line, from any other "residential care facility" or similar facility, and not more than three such facilities shall be located within the Town of Pound Ridge.
(12)
The operating and/or supervising agency shall have agreed, in writing, to "use" the facility only for the purposes specified in the application and the special use permit and not to sell, lease or otherwise transfer the property for any "use" other than a private one-"family" residence.
E.
All special use permits issued pursuant to the provisions of this section shall be subject to the following conditions:
(1)
"Premises."
(a)
The "premises" must, at all times, be maintained in conformity with the provisions of the New York State Uniform Fire Prevention and Building Code, this chapter, all of the rules and regulations of the licensing, supervisory and/or operating agency and such other conditions as the Town Board may have required in its original permit.
[Amended 4-9-1998 by L.L. No. 3-1998]
(b)
The Building Inspector shall have the right to inspect the "premises" each year to determine such compliance. In addition, the Building Inspector may inspect the "premises" at any time that he has sufficient reason to believe that any of the above-mentioned conditions are not being met. If he determines that any of the above-mentioned conditions are not being complied with, he shall, within 10 days, so notify the operator of the facility, setting forth the nature of the noncompliance and the remedial action necessary.
(c)
Failure to remedy the noncompliance within 30 days shall result in the cancellation of the special use permit.
(2)
The operators of the facility must, at all times, maintain the nature and level of supervision specified in their application and required by the terms of the special use permit.
(3)
No increase in the number of occupants or changes in the nature or character of the occupants or program or decrease in resident supervisors and all other staff members, live-in or daily, shall be permitted without the written consent of the Town Board. Failure to comply with this provision shall result in cancellation of the special use permit.
(4)
The operators of the facility shall furnish to the Town Board, in writing, the names, home addresses and telephone numbers and qualifications of each and every new staff member, together with the name of the member, if any, being replaced. They shall also furnish, in writing, the same information as required in Subsection A(7) for all new residents. Such notification shall be given not more than five days after the changes have been made.
(5)
Should the facility cease to operate, the property shall be placed on the market for sale or lease as a one-"family" residence within 90 days after the last resident leaves.
(6)
The "premises" shall, at all times, be maintained in such manner as to conform to neighborhood standards and not become a public nuisance.
(7)
The Building Inspector shall not issue any certificate of occupancy and certificate of conformance until a special use permit has been issued by the Town Board.
F.
Neighborhood advisory committee.
(1)
Each "residential care facility" operating under a special use permit shall be assisted by a neighborhood advisory committee. Such committee shall be appointed by the Town Board and shall consist of not more than 12 nor fewer than five local residents. Each appointee shall serve for a period of one year.
(2)
The committee shall visit the facility at least eight times a year to observe conditions within the facility, to check on compliance with the provisions of the special use permit, to make known the cares of the community to the operators of the facility, to advise the community regarding programs of the facility, to advise the operating agency with respect to the operation of the facility, to assist the facility in adapting to the community, to assist in the integration of the residents into the life of the community to an extent consonant with their condition and to make such other suggestions as may be mutually beneficial.
(3)
The neighborhood advisory committee shall keep minutes of each meeting and submit a copy to the operating and/or supervising agency. It shall also report immediately to the Town Board any changes described in Subsection E(3) above.
(4)
Every 12 months, the committee shall submit to the Town Board and the operating agency a written report summarizing the operations of the facility during the past year, together with such recommendations and suggestions as it may deem appropriate.
G.
Cancellation of special use permit. If after any inspection by the Building Inspector or the neighborhood advisory committee it appears that the facility is not in complete compliance with all of the terms and conditions of the special use permit the person or persons making the inspection shall, within 10 days, notify the Town Board and the operator, in writing, of the nature of the noncompliance and the action necessary to remedy the defect. Thirty days after the issuance of said notice, the person or persons making the original inspection shall again inspect the "premises." If the defect has not been remedied, the person or persons conducting the inspection shall, within five days, notify the Town Board and the operator, in writing, of the continuing noncompliance. The Town Board shall then hold a public hearing at which time it may modify or cancel the special use permit. A certified copy of the minutes of the public hearing modifying or canceling the special use permit shall be sent to the operator of the facility by registered mail. In the event that the special use permit is canceled, the "use" of the "premises" as a "residential care facility" must cease within 30 days of the mailing of the certified copy of the minutes canceling the special use permit.
§ 113-57 Standards for "multifamily housing."
[Amended 5-2-2013 by L.L. No. 2-2013; 2-6-2014 by L.L. No. 2-2014]
No special permit shall be issued for the development of "multifamily housing" unless the Town Board shall find in addition to the other requirements of this article, that the proposed "use" satisfactorily meets all of the following standards and conditions:
A.
Upon referral of the application to the Planning Board in accordance with § 113-50 herein, the Planning Board shall assist the Town Board, as necessary, in the review of the application with regard to the State Environmental Quality Review Act (SEQRA).[1] The special permit application shall be amended as necessary to enable the Planning Board to make a recommendation to the Town Board regarding a determination of significance. Site plan approval by the Planning Board shall be a condition of the issuance of any special permit by the Town Board.
[1]
Editor's Note: See Environmental Conservation Law Article 8.
B.
The "multifamily housing" plan shall utilize creative design and development techniques to achieve the conservation and/or preservation of significant natural environmental features, including steep slopes, wetlands, watercourses, water bodies and significant rock outcroppings, on properties which are not overly environmentally constrained and which, for safety purposes, are within proximity to the Town's major roads. The "multifamily housing" plan and the controls contained in this § 113-57 shall replace the bulk and other dimensional regulations found elsewhere in this chapter and, upon approval, the "multifamily housing" plan shall become the basis for continuing land use controls during the development period and thereafter.
C.
Minimum site area; location.
(1)
The "multifamily housing" site shall have an area of not less than 20 acres in the R-1A and R-2A "Districts" and not less than 30 acres in the R-3A "Districts," and the lot shall have road frontage not more than 1/4 mile in travel distance from at least one of the Town's major roads (that is, Westchester Avenue, High Ridge Road, Salem Road, Stone Hill Road, Pound Ridge Road and Long Ridge Road).
(2)
Notwithstanding the above, for lots which have road frontage within 1/4 mile in travel distance from the intersection of Westchester Avenue and Trinity Pass Road, the "multifamily housing" site shall have an area of not less than the minimum "lot area" required for "one-family dwellings" in the zoning "district" in which the site is located.
D.
The maximum number of "dwelling units" shall be determined by dividing the gross "lot area" (excluding slopes in excess of 25% and wetlands, watercourses and water bodies, as defined in the Town of Pound Ridge Freshwater Wetlands Law[3]) by the minimum "lot area" required for "one-family dwellings" in the zoning "district" in which it is located, multiplying that result by four and rounding down to the nearest whole number. The density may be further restricted in consideration of the following factors:
E.
There shall be no more than 50 "dwelling units" permitted in any "multifamily housing" development.
F.
Maximum "building coverage" limitations, as applied to the gross "lot area" of the "multifamily housing" site as per Subsection D above, shall be as follows:
"District" | |||
|---|---|---|---|
Requirements | R-3A | R-2A | R-1A |
Maximum "building coverage" | 5% | 7.5% | 15% |
G.
Landscaped buffer.
(1)
The "multifamily housing" plan shall maintain a minimum of 50% of the gross "lot area" as open space. For the purposes of this section, "open space" shall include all land and water areas on the site which are not covered by "buildings," "structures," roadways, other impervious surfaces, and semi-impervious surfaces such as gravel and porous paving. A suitably landscaped buffer area of a size to be determined to be adequate by the Planning Board based upon considerations of topography, adjoining land "use" and site design, but generally not less than 100 feet in width, shall be provided along all property boundaries. Such landscaped buffer area may contribute to the satisfaction of the fifty-percent open space requirement.
(2)
Notwithstanding Subsection G(1) above, for properties located entirely within 1/4 mile of the PB-A, PB-B or PB-C "Districts," the suitably landscaped buffer which shall be provided along all property boundaries shall be of a size to be determined to be adequate by the Planning Board based upon considerations of topography, adjoining land "use" and site design, but generally not less than 50 feet in width.
H.
"Multifamily" "dwelling units" may be located in attached or detached "structures"; provided, however, that there shall be no more than four "dwelling units" in any one dwelling "building" and the maximum building length shall not exceed 100 feet.
I.
All "dwelling units" shall be permitted a maximum "height" of 2 1/2 stories or 35 feet, whichever is less.
J.
The average area of all "multifamily" "dwelling units," excluding "garage" space and any enclosable porch, shall not exceed 2,500 square feet of habitable floor area, and no individual "dwelling unit" shall contain in excess of 3,000 square feet.
K.
The site shall have direct access from a public road.
L.
Common indoor and outdoor recreational facilities may be provided on site in lieu of recreation fees. Such facilities shall be as determined adequate by the Planning Board. All recreation areas shall be appropriately landscaped and shall include a combination of small, internal, private "yard" and court areas for a variety of passive activities. Safety shall be emphasized in the design and particular attention given to pedestrian "use." Vehicular circulation drives shall be separated from pedestrian walks. Abrupt changes in grade shall be avoided and all changes in grade in the walk system shall be accomplished by both ramps and stairs. Such facilities, where needed, shall be built in ANSI specifications.
M.
Parking.
(1)
There shall be provided a minimum of not less than 2.0 "parking spaces" for each "dwelling unit"; plus for each "dwelling unit" having bedrooms in excess of two there shall be an additional 0.5 "parking space" for each bedroom, plus 0.5 outdoor, unreserved "parking space" available for visitor "use" for each "dwelling unit."
(2)
Notwithstanding Subsection M(1) above, where the Town Board determines that less than the required number of parking spaces will satisfy the intent of this § 113-57, the Board may waive the initial improvement of up to 15% of the parking spaces required pursuant to Subsection M(1). In all cases it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the potential eventual improvement of any such spaces which may have been waived, and these spaces must be constructed by the property owner within six months of the date of written notice to the property owner by the Town Board that such spaces have been determined as necessary and must be constructed. In addition, the Planning Board shall have the authority to require, as a condition of approval on a project by project basis, a specific mechanism by which to ensure that the waived parking spaces, if required by the Town Board, will be built. The applicant may alternatively apply to the Town Board for approval to construct said waived spaces.
N.
"Multifamily" "dwelling units" shall not be serviced by individual wells and septic systems, but rather by communal or shared sewage disposal and water supply facilities.
O.
A homeowners' association shall be formed for purposes of owning, operating and maintaining all common land areas and all common facilities on the site. All "dwelling unit" owners must be members of the association and shall share in all costs incurred by the association on an equitable basis. The applicant shall execute and file with the Town such documents as, in the opinion of the Town Attorney, will be sufficient to create a property owners' association responsible for the continued ownership, "use" and maintenance of all common land areas and facilities in accordance with the following requirements and any other conditions and limitations deemed appropriate by the Town to assure that the interests of the Town and of the future property owners will be adequately protected. In addition to all other purposes, the association shall establish necessary rules and regulations from time to time which shall be consistent with the purposes of this chapter and govern the "use" of "premises" authorized hereunder.
(1)
Membership in the association must be mandatory for each property owner within the development and for any successive property owners.
(2)
All restrictions on the "use" and maintenance of the common lands and facilities must be perpetual.
(3)
The association must be responsible for liability insurance, local taxes and maintenance of the common land areas and facilities.
(4)
Each property owner within the development shall be made responsible for his proportionate share of the association's expenses, including taxes, and all assessments levied by the association shall become a lien on his property if not paid.
(5)
In the event that the maintenance, preservation and/or "use" of the common land areas and facilities ceases to be in conformance with any of the above requirements or any other requirements specified by the Town when approving the special permit or site plan, the Town shall be granted the right to take all necessary action to assure such conformance and to assess against the association and/or the individual property owner within the development all costs incurred by the Town for such purposes.
(6)
The homeowners' association may provide one "dwelling unit" for a resident manager and said person's "family" or other maintenance support staff. Such unit shall be restricted in occupancy to said resident manager and "family" or other maintenance support staff. Such unit shall be included in the computation of the allowable number of units for the property. It shall be the responsibility of the homeowners' association to maintain this unit in keeping with other units on the property and to accept all financial responsibility for it.
P.
"Multifamily housing" projects may contain or be comprised of "two-family dwellings," and the requirements pertaining to "multifamily housing" units and development herein shall apply thereto.
Q.
The Town Board, in its sole discretion, may modify the width of the landscaped buffer requirements of § 113-57G herein up to a maximum of 50%, upon demonstration by the special permit applicant that:
R.
So long as the total number of "dwelling units" in the project does not exceed 50, the Town Board may allow up to a 25% increase in the maximum number of "dwelling units" as determined in Subsection D above for such special benefits as the provision of:
(1)
At least 15% (rather than a minimum of 10%) of the "dwelling units" in the "multifamily housing" project as "affordable fair housing dwelling units" in accordance with § 113-100 of this chapter; and/or
(2)
A significant amount of environmental conservation and/or preservation which goes above and beyond that otherwise required for the approval of the special permit.
S.
The Planning Board shall render a specific advisory opinion to the Town Board on all waiver and modification requests made by an applicant in accordance with §§ 113-57M(2) and 113-57Q herein.
§ 113-58 Standards for take-out food establishments, bakeries, "delicatessens" and "sandwich shops."
No special permit shall be issued for the development of a "take-out food establishment," "bakery," "delicatessen" or "sandwich shop" unless the Town Board shall find, in addition to the other requirements of this article, that the proposed "use" satisfactorily meets all of the following standards and conditions:
A.
The Town Board shall find that the "use" will be complementary to the Scotts Corners business "district" by providing an additional service to retail establishments and pedestrian retail activity.
B.
The Town Board shall find that the appearance of the special "use" will be complementary to the Scotts Corners business "district."
C.
The "gross floor area" shall not exceed 2,000 square feet and shall be contained on the ground floor of a multitenanted "building."
D.
No drive-in or drive-through services shall be permitted.
E.
The business owner and the property owner shall be responsible for maintaining the area around the "use." The business owner and/or property owners shall provide one or more trash receptacles. In the PB-A "District," such receptacles shall be supplied by the Town and paid for by the applicant. The area must be kept free of waste, refuse, loose wrappers and containers or other materials associated with this special "use" at all times.
F.
The hours of operation may be limited by the Town Board.
G.
Water consumption shall be metered and reported to the Building Department on a regular basis.
§ 113-58.1 Standards for "wireless telecommunication services facilities."
[Added 8-13-1998 by L.L. No. 7-1998]
A.
The following special permit standards and requirements shall apply to all "wireless telecommunication services facilities." No special permit approval shall be granted unless the Town Board makes the findings in writing that the application fulfills all of the purposes and meets all of the requirements of this section.
B.
Purpose. The purpose of these special regulations is to reasonably control the location, construction and maintenance of "wireless telecommunication services facilities" in order to:
(1)
Limit the number of "wireless telecommunication services facilities" to the minimum necessary to provide "adequate coverage" and "adequate capacity" to the Town of Pound Ridge;
(2)
Upgrade the communications systems of the Town's local public and quasi-public agencies and service providers;
(3)
Minimize the impact of such facilities on residential properties through maximum separation among other methods;
(4)
Encourage the siting of "wireless telecommunication services facilities" on properties and areas which are not used exclusively for residential purposes; and
(5)
Protect, to the maximum extent practicable, aesthetic qualities, the open space character of the Town of Pound Ridge, the property values of the community, the health and safety of citizens and a citizen's ability to receive communication signals without interference from other communication providers, while not unreasonably limiting competition among communication providers.
C.
Use. Except as provided hereinafter, no "wireless telecommunication services facility" shall be located, constructed or maintained on any "lot," "building," "structure" or land area in the Town of Pound Ridge except in conformity with the requirements of this chapter and all other applicable regulations.
D.
Location and access.
(1)
"Wireless telecommunications services facilities" shall be located in accordance with the following priorities. The applicant shall evaluate and demonstrate the feasibility of the highest priority locations before considering the next lower priority:
(a)
Locations where one "wireless telecommunication services facility" site can provide at least "adequate coverage" and "adequate capacity" to the Town of Pound Ridge and which avoid and minimize impacts upon adjoining residential properties by providing a separation of 1,000 feet or more from all property boundaries and/or residences.
(b)
Locations where one "wireless telecommunication services facility" site can provide at least "adequate coverage" and "adequate capacity" to the Town of Pound Ridge.
(c)
Locations with existing or approved "wireless telecommunications facilities" or other existing communication towers which are used exclusively for public or quasi-public agencies or service providers or other available sites listed on the Existing Facilities and Available Sites Inventory.
(d)
Parcels or rights-of-way used exclusively for existing public utilities or watershed lands.
(e)
Locations or facilities of commercial or nonresidential uses.
(f)
Other locations or facilities.
(2)
Unless otherwise waived, modified or required by the Town Board for aesthetic, safety or other reasons, location on lower priority locations shall be permitted only because of unreasonable technological or structural limitations. Wherever possible, such facility shall be attached to an existing "building" or "structure." To the maximum extent practicable, existing roadways shall be "used" to provide access to the site of a "wireless telecommunication services facility." "Wireless telecommunication services facilities" shall not be located within 2,500 feet of any historic district or any site with official designation as a local landmark, or which is listed or designated as eligible for listing on the State or the National Registers of Historic Places or the Register of National Natural Landmarks, unless otherwise modified by the Town Board in an effort to accommodate collocation or other purposes of this chapter.
E.
Collocation.
(1)
The shared "use" of existing public utility and "wireless telecommunication services facilities" shall be strongly encouraged. The Town shall maintain an inventory of existing "wireless telecommunication services facilities" and available sites (the Existing Facilities and Available Sites Inventory) including "public utilities" that are obligated under the Federal Telecommunications Act of 1996 to provide "wireless telecommunication service" carriers with nondiscriminatory access to their facilities. Collocation shall be required unless it has been demonstrated to the satisfaction of the Town Board that:
(a)
"Adequate coverage" and "adequate capacity" cannot be provided from any sites identified on the Existing Facilities and Available Sites Inventory or other existing or approved sites in a reasonably technologically feasible manner;
(b)
None of the sites identified on the Existing Facilities and Available Sites Inventory or other existing or approved sites with communication antennas can accommodate the proposed "wireless telecommunication services facility" with respect to structural or other engineering limitations, including frequency incompatibilities; or
(c)
The owner(s) of the sites identified on the Existing Facilities and Available Sites Inventory or other existing sites with communication antennas lawfully refuses to permit the applicant use of the site.
(2)
All new "wireless telecommunication services facilities" and "premises" shall be of proper size, location and design to accommodate the collocation of other licensed "wireless telecommunication service" providers' facilities, and the communications equipment of all local emergency services as necessary to provide "adequate coverage" of the entire Town, unless otherwise permitted by the Town Board.
F.
Setbacks. It shall be a priority of the Town to maximize the separation between "wireless telecommunication services facilities" and residences and residential properties. Unless otherwise modified by the Town Board in an effort to accommodate collocation or other purposes of this chapter, freestanding "wireless telecommunication services facilities" shall be located not less than two times the otherwise applicable setback requirements for principal "structures" for the district in which the property is located, or the "height" of the facility plus the otherwise applicable setback requirements for principal "structures" for the district in which the property is located, whichever shall be greater. It shall be demonstrated to the satisfaction of the Town Board that the proposed facility is set back adequately to prevent damage or injury resulting from ice-fall or debris resulting from failure of a "wireless telecommunication services facility" or any part thereof, and to avoid and minimize all other impacts upon adjoining properties. "Wireless telecommunication services facilities" structurally mounted to the roof of an existing "building" shall be set back from the side of the "building" so as to minimize its visibility, but in no case less than 10 feet.
G.
Freestanding structures. No freestanding "wireless telecommunication services facility" shall be permitted except for a "monopole" unless another alternate design is otherwise permitted by the Town Board in an effort to accommodate collocation or other purposes of this chapter. "Wireless telecommunication services facilities" which require the "use" of guy wires are prohibited.
H.
Height limitations. Notwithstanding the following height limitations, in no case shall a "wireless telecommunication services facility" 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 "wireless telecommunication services facility" 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 height of any "monopole" or other freestanding "structure" utilized in a "wireless telecommunication services facility" shall not exceed 140 feet in height measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the "structure" unless otherwise modified by the Town Board in an effort to accommodate collocation or other purposes of this chapter.
I.
Visual mitigation. The applicant/provider shall prepare a visual impact assessment of the proposed "wireless telecommunication services facility" based upon appropriate modeling, photography and other pertinent analytical techniques as required by the Town Board, including but not limited to a map identifying the zone of visibility. 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, shall be required to minimize the visual impact of such facility from public thoroughfares, important viewsheds and vantage points and surrounding properties to the extent practicable as determined by the Town Board. No "signs" other than exempt "signs" or as may be required by the Town Board for security or safety purposes, shall be erected on any "wireless telecommunication services facility."
J.
Lighting. The "wireless telecommunication services facility" shall not be artificially lighted unless otherwise required by the Federal Aviation Administration (FAA).
K.
Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and "use" of the proposed "wireless telecommunication services facility," including its cumulative impact with other existing and approved facilities, 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. Unless the original certification is based on the maximum capacity of the site and all existing and approved equipment thereon, then the Town Board shall require annual certification of conformance with the applicable emissions standards and the requirement and conditions of special permit approval. Certification shall also be required prior to any modification of the "wireless telecommunication services facility," at any time the Building Inspector suspects such modification or upon modification of the FCC standards. The Town Board shall hire a qualified professional of its choosing to review and confirm such initial and annual certification report, the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures of § 113-94. 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 the Zoning Law or the conditions of special permit approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with § 113-96 of this Zoning Law.
L.
Noise. Noise-producing equipment shall be sited and/or insulated to minimize to the maximum extent practicable any increase in noise above ambient levels as measured at the property line.
M.
Utility service. Electrical and land-based telephone lines extended to serve the "wireless telecommunication services facility" sites shall be installed underground.
N.
Safety provisions. A "wireless telecommunication services facility" 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 "structure" shall be permitted which would be classified by the FAA Regulations Title 14 CFR Part 77 as an obstruction or hazard.
O.
Security provisions. A security program shall be formulated and implemented for the site of a "wireless telecommunication services facility." Such program may include physical features such as fencing, anti-climbing 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.
P.
Structural inspection and report. A "monopole" or other approved "structure" shall be inspected at the expense of the service provider in accordance with the escrow account procedures of § 113-94 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.
Q.
Lease agreement. In the case of an application for approval of a "wireless telecommunication services facility" to be located on lands owned by a party other than the applicant or the Town, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the Town Board and a copy shall be filed with the Town Clerk. The Town Board, 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 section or the conditions of the approvals for said facility, to be omitted or kept confidential. The Town Board shall not approve the special permit application unless it finds that the lease agreement is in conformance with and properly reflects the purposes and requirements of this section and the conditions of special permit and site plan approval.
R.
Removal.
(1)
A "wireless telecommunication services facility" 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 180 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" and "adequate capacity" in the Town of Pound Ridge. The applicant shall provide to the Town written notification including identification of the date the use of the facility 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" and "adequate capacity" in the Town of Pound Ridge by one or more of the service providers, acknowledgment of the requirement to remove the facility and identification of the plans for the removal of the facility.
(2)
The owner and/or applicant shall provide to the satisfaction of the Town of Pound Ridge a written agreement suitable for filing with the Westchester County Clerk, Division of Land Records, to ensure the dismantling, removal and restoration of such an abandoned "wireless telecommunication 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 Town of Pound Ridge Town Board.
(3)
In the event that such facility or portion thereof is not completely removed from such property within such time, the Town shall be authorized to effect such removal.
S.
Application procedure.
(1)
Application forms. An application for approval of a "wireless telecommunication services facility" shall be submitted on the relevant forms for special "use" permit approval. No application for a "wireless telecommunication services facility" shall be considered complete without multicolor signal level propagation plots at 10 dBm intervals to -100 dBm at standard United States Geological Survey (USGS) scale drawings of 1 to 25,000 or 1 to 100,000, including but not limited to radial propagation plots and drive propagation plot data, and identification of all of the relevant system design parameters of all existing, approved or proposed facilities which may affect or provide service within the Town of Pound Ridge. Separate signal level propagation plots shall be required for each proposed facility.
(2)
Demonstration of need and master plan. The operator(s) of the "wireless telecommunication services facility" shall submit a copy of the relevant FCC licensing and shall demonstrate to the satisfaction of the Town Board that there is a public need for each such facility at the location(s) proposed by the applicant to provide "adequate coverage" or "adequate capacity" in Pound Ridge. Such demonstration shall include the preparation of existing and master effective service area plans which:
(a)
Demonstrate that existing facilities do not and cannot provide "adequate coverage" or "adequate capacity" to Pound Ridge. In no case shall the provision of "adequate coverage" and "adequate capacity" constitute a public need for a new or additional "wireless telecommunication services facility" in Pound Ridge unless the applicant demonstrates to the satisfaction of the Town Board, in consultation with its engineer, that:
[1]
The provision of "adequate coverage" and/or "adequate capacity" unreasonably discriminates against the applicant in comparison to other "wireless telecommunication services" providers in Pound Ridge where imperfect coverage and inequities between competing services are unavoidable; or
[2]
For other technological reasons and considerations, the criteria for determining a public need should be waived or modified to further the intent and purposes of this chapter.
(b)
Minimize the number of such facilities within the Town of Pound Ridge;
(c)
Maximize collocation and shared "use" of existing public utility and "wireless telecommunication services facilities";
(d)
Identify all existing and proposed "wireless telecommunication services facilities" which impact the service area covering the Town of Pound Ridge and identify all proposed and other locations considered for such facility(ies); and
(e)
Analyze feasible alternatives, including alternative sites, to reasonably minimize the visual impacts.
(3)
Proof of collocation attempts. Any application for a "wireless telecommunication services facility" shall include a statement and appropriate documentation demonstrating to the satisfaction of the Town Board and in consultation with its consulting engineer that the Town's Existing Facilities and Available Sites Inventory has been reviewed and, to the extent relevant to provide "wireless telecommunication services" in the area in the Town of Pound Ridge which is the subject of such application, that all reasonable efforts have been made to collocate such facility on all sites identified in such Existing Facilities and Available Sites Inventory and all other existing sites with communication antennas within the service area.
(4)
Statement of collocation accommodation. As a condition of special permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing and prepared to the satisfaction of the Town Attorney, acknowledging that it shall be required to allow the collocation of other future "wireless telecommunication service facilities" 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.
(5)
Expedited approval for collocation on approved facilities. Where collocation of a "wireless telecommunication services facility" is proposed for any approved facility identified on the Existing Facilities and Available Sites Inventory or other existing site with communication antennas within the service area, the added "wireless telecommunication services facility" shall be permitted, as an amendment to the existing special "use" permit for such alternative site, by submission of an application for a building permit and without the need for an application for an amended special permit approval, provided that such facility meets all of the otherwise applicable requirements of this chapter and no physical modification other than the attachment of the antennas and the installation of associated equipment to be located on the ground is required. An amended written narrative and certification report indicating conformance with all of the special permit standards and conditions of approval shall be provided in addition to all required information in support of the required building permit and for review and approval by the Town Board in consultation with its consulting engineer. An as-built drawing of the modified facilities shall be filed with the Building Department. The Building Inspector shall provide written notification to the Town Board of such application for building permit.
(6)
Owner/applicant representative contacts. The applicant and all future owners of the premises and the "wireless telecommunication services facility" shall at all times keep on file in the office of the Town Clerk the name, address and telephone number of the owner and operator of such facility and of at least one individual who shall have authority to arrange for the maintenance of the premises and facility, 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 facility 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 Town against such owner and/or operator(s).
T.
Intermunicipal notification of applications. In addition to all other referral requirements for special permit applications pursuant to § 239 of the General Municipal Law and § 277 of the Westchester Administrative Code and as set forth in §§ 113-50 and 113-61E of the Zoning Law, notification shall be made to all municipalities of all applications involving "wireless telecommunication services." With said referral, the Town shall request reciprocal referral of all applications in the adjacent municipality involving "wireless telecommunication services."
U.
Decisions. All decisions of the Town Board involving applications for "wireless telecommunication services" shall be in writing and supported by substantial evidence contained in a written record.
V.
Waiver or modification of standards. In order to further the purposes of this section, the Town Board may, upon just cause shown, waive or modify any of the special permit standards and criteria contained herein.
§ 113-58.2 Residential use of 100% of maximum permitted floor area.
[Added 1-12-2006 by L.L. No. 1-2006; amended 5-2-2013 by L.L. No. 2-2013]
No special permit shall be issued for residential use of 100% of the maximum permitted floor area in the PB-C District unless the Town Board shall find that, in addition to all other requirements of this article:
A.
The project permanently contributes toward meeting the Town's special housing needs, as set forth in the Town's Comprehensive Plan, whereby the rent or purchase price of 20%, but in no case less than two, of the dwelling units (such units shall be of the same size, bedroom count, and construction as the market-rate units except as specifically approved by the Town Board with the advice of the Planning Board and the Town Housing Board), are below-market-rate units, and which are affordable to households with an income of not more than 80% of the median income in Westchester County, in effect at the time, and further that such units shall be deed restricted as to maximum rental rates or sales price and other factors as determined by the Town Board to be appropriate to meet the objective of this section.
B.
An occupancy and management plan for the restricted units shall be provided by the Housing Board to be appointed by the Town Board to administer the below-market-rate housing requirements of this section. Such occupancy and management plan shall include income eligibility requirements, sale, resale and rental restrictions and limitations, and a plan of priority for below-market-rate housing applicants.
C.
Adequate off-street parking will be provided, but in no case less than 1.5 spaces per dwelling unit, exclusive of driveway spaces in front of garages.
D.
Notwithstanding the subsections above, subsequent to the effective date of § 113-100 of this chapter, all new affordable dwelling units created in accordance with § 113-58.2 shall be affordable fair housing dwelling units regulated by § 113-100, rather than below-market-rate units. The same shall be true for all new occupancies of all existing below-market-rate units.