Roslyn Harbor, NY Zoning Ordinance

At least 10 days prior to the public hearing, the Board of Trustees shall give public notice thereof by publication in a paper of general circulation in the Village and a posting of the notice at Village Hall.

The applicant shall serve written notice by registered or certified mail on all known property owners within a radius of 200 feet of the lot lines of the parcel of land for which the special use permit application has been filed, at least 10 days prior to such hearing.

§ 275-25 Decision on application.

Within 62 days of the receipt of a completed application, unless such time is extended by mutual agreement with the applicant, the Board of Trustees shall approve, approve with modifications, or disapprove the application. The Board of Trustees shall approve the application where it finds that the standards of § 275-31 and the standards of §§ 275-38 to 275-44, as applicable, have been met. The Board of Trustees may approve such application conditionally where it finds that such conditions or modifications are necessary to ensure initial and continued conformance with the standards in § 275-31 and the standards of §§ 275-38 to 275-44, as applicable. Any changes in the use or uses of land, buildings or structures which were approved by special use permit under this chapter shall require another special use permit.

§ 275-26 Referral to Planning Board.

The Board of Trustees may, in its sole discretion, refer the application to the Planning Board for its advice and guidance on the special permit application.

§ 275-27 Conditions; security.

The Board of Trustees shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. The Board of Trustees may require a performance bond or other such security prior to the issuance of a building permit to cover the cost of all improvements for which the special use permit has been granted.

§ 275-28 Departure or variation from requirements.

Authorization to depart or vary from any dimensional requirements for the grant of a special use permit, as specified in this article (Article VI), shall only be granted by the Zoning Board of Appeals as set forth in § 275-45. Authorization to depart or vary from any other requirement for the grant of a special use permit as specified in this article (Article VI) shall be granted by the Board of Trustees in compliance with such requirements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate to a particular special use permit.

§ 275-29 Variances in conjunction with special use permit applications.

No application shall be deemed officially submitted unless it complies with all the requirements of this chapter and any necessary variances have been granted by the Zoning Board of Appeals.

In cases where an application requires one or more variances, the applicant shall be so advised by the Building Inspector, who shall also advise the applicant of the procedures and requirements to be followed in seeking any necessary variance or variances from the Zoning Board of Appeals. No further action shall be taken with respect to an application unless and until all required variances have been approved by the Zoning Board of Appeals.

After approval by the Zoning Board of Appeals of any necessary variances, an application for a special use permit may be submitted and processed in accordance with this article (Article VI).

§ 275-30 Submission requirements for special use permit application.

The applicant shall provide the following:

A completed application form in triplicate, as well as a narrative section describing the proposed special use's compliance with both the general standards (§ 275-31) as well as the individual standards and requirements for certain special uses as provided for in §§ 275-38 to 275-44, as applicable.

A check or money order made payable to the Village of Roslyn Harbor in the amount specified in Article XIII.

An affidavit of proof of service of notice pursuant to § 275-24B(2) with the Board of Trustees.

§ 275-31 General standards for special use permit applications.

The Board of Trustees' review of all applications for special use permits shall include, as appropriate, but is not limited to, the following general standards, in addition to the individual standards and requirements for certain special uses as provided in §§ 275-38 to 275-44:

Such a use shall be in harmony with the general purposes and intent of this chapter.

Such a use shall not affect adversely the character of the district, nor the conservation of property values, nor the health and safety or residents or workers on adjacent properties and in the general neighborhood.

Such a use shall be of such appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such a use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.

Such a use shall not conflict with the direction of building development in accordance with such plans as may have been adopted by the Board of Trustees.

Such a use shall not in any way jeopardize the health, safety and general welfare of the public.

The Board of Trustees may attach such additional conditions and safeguards to any special use permit as are, in its opinion, necessary to ensure initial and continued conformance with all applicable standards and requirements of this chapter.

§ 275-32 Reimbursable costs.

Costs incurred by the Board of Trustees for consultation fees or other expenses in connection with the review of a special use permit application may be charged to the applicant, as specified in § 275-66. The Board of Trustees may condition the grant of special use permit approval or building permits on the payment of such fees in full.

§ 275-33 Integration of procedures.

Whenever the development for which a special use permit is being sought is also subject to other approval procedures, such as variances, or other requirements of this chapter and other local laws of the Village, the approving agencies shall attempt to integrate, as appropriate, special use permit review as required in this article with the procedural and submission requirements for such other compliance.

§ 275-34 Expiration of special use permits.

A permit for a special use approved by the Board of Trustees pursuant to this article (Article VI) shall be deemed to have expired, unless:

The lot, or land where no building or structure is involved, shall have been put into use within 12 months after the date of issuance of such permit, for the purpose for which such permit was approved.

The building or structure for which such permit was approved shall have been actually begun within 12 months after the date of issuance of such permit.

The entire building or structure for which such permit was approved shall have been completed according to filed plans within three years after the date on which such permit was granted.

§ 275-35 Fees for special use permits.

The fees for special use permits are provided in Article XIII.

§ 275-36 Compliance with State Environmental Quality Review Act.

In its review of special use permit applications, the Board of Trustees shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

§ 275-37 Individual standards and requirements for certain special uses.

[Amended 3-21-2007 by L.L. No. 3-2007]

Individual standards and requirements are hereby established for certain special uses in §§ 275-38 to 275-44.1. Special use permits shall only be approved where the applicant can demonstrate compliance with such standards, except as provided for in § 275-28.

§ 275-38 Home professional offices.

Any professional occupation or activity carried out for gain by a resident shall be conducted entirely within the dwelling unit and shall be clearly incidental to the use of the structure as a dwelling. No accessory structures or areas outside the principal structure shall be used for or in connection with the home professional office.

No more than 25% of the gross floor area of the dwelling unit or 1,500 square feet, whichever is lesser, shall be used in connection with the home professional office.

The exterior of the dwelling as well as the site shall maintain a residential appearance with no differentiation from the exterior as to which portion of the dwelling is being used in connection with the home professional office.

There shall be no storage of equipment, vehicles or supplies associated with the home professional office outside the dwelling.

There shall be no display of products visible in any manner from the outside of the dwelling, except that one nonilluminated nameplate not to exceed two square feet in area mounted flat against the dwelling shall be permitted.

The home professional office shall be limited to the residents of the dwelling unit and not more than two additional persons on the premises.

Use of commercial vehicles for delivery to or from the premises shall be limited to one vehicle, not to exceed 3/4 of a ton and owned by the resident of the dwelling, which shall be parked in enclosed garage on the premises. Commercial vehicles with more than two axles shall not be permitted to make deliveries of materials to or from the premises.

For those home professional offices in which instruction or meetings are required, no more than three pupils, visitors, clients or customers shall be permitted on site at one time.

Adequate off-street parking spaces shall be provided on the premises, but in no event shall more than three spaces in addition to those required to comply with the requirements of § 275-18G for the residential use be permitted.

No equipment shall be used or process conducted which creates noise, vibration, glare, fumes or odors detectable to the normal senses at the boundary line of the premises.

No home professional office shall be conducted between the hours of 9:00 p.m. and 9:00 a.m.

§ 275-39 Parabolic discs or antennas.

No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc or satellite receive-only antenna or other similar antenna or device having a diameter of more than one meter, the purpose of which is to receive telephone, radio and/or microwave or other electrical or similar signals from satellites or from ground facilities which transmit such signals, except as provided herein. Where the diameter of such antenna or device exceeds one meter, any application for a permit shall be accompanied by a sketch drawn to scale showing existing structures upon the real property, their location and the distance from the proposed disc or antenna, the dimensions of the disc or antenna or of existing structures, the setbacks of the disc or antenna from each property line, and a landscape plan illustrating proposed screening of the disc or antenna from the roadway and adjoining property owners. If attached to a structure, the sketch shall show where on the structure the proposed disc or antenna is to be attached and the materials used to attach to the structure. All work to be performed in conjunction with the mounting or placement of a disc or antenna, including the topping of any trees or change of grade of real property, shall be shown on the plans submitted in conjunction with an application for a permit.

The first special use permit granted to any applicant under this section for a parabolic disc or antenna of more than one meter shall be conditional and shall be for a period of not more than two years. Any application for renewal of such a permit shall be acted upon in the same manner as an initial application.

The antenna or other device shall be located only in the rear yard of the lot, unless the applicant establishes that other placement is necessary to obtain reasonable reception.

No permit shall be issued if either the type of antenna or disc or the method of its placement will endanger the safety of residents, neighbors or pedestrians or threaten property on the applicant's lot or adjoining lots.

Use of any illumination for the disc or antenna is strictly prohibited.

All connections shall be made so that wiring and supporting cables shall not be visible from the street or sidewalk.

No more than one parabolic, hemispheric, satellite receive-only or similar antenna shall be erected, constructed, installed or maintained on a single lot or premises.

If freestanding, the height of the parabolic disc or antenna shall not exceed the height of any accessory building permitted in the district. If located upon a structure upon a lot, the height of such disc or antenna shall not be greater than six feet above the height of the principal building.

Irrespective of when constructed and irrespective of the material out of which it has been constructed, a parabolic disc or a similar antenna, and also boarding structures, shall be considered a structure with respect to building area and shall comply with all rules and regulations regarding excess restructures.

The Board shall impose such screening requirements as are reasonable to effectuate the purposes set forth in this section and that will not substantially limit reception.

A application for a special use permit for a parabolic disc or antenna of more than one meter in diameter shall describe the subject premises by street address and by section, block and lot number and shall describe the present use of the premises. In addition, the application shall be accompanied by the following:

A location survey showing existing structures upon the premises, their location and distance from the proposed disc or antenna, the dimensions of the parabolic disc or antenna, the setbacks of the parabolic disc or antenna from each property line and all properties and structures within a two-hundred-foot radius of the premises, showing the names and street addresses of the record owner of such property.

A detailed plan showing the material from which the parabolic disc or antenna is to be constructed and the proposed color of the parabolic disc or antenna and details illustrating the structural support system.

A landscape plan illustrating adequate screening of the parabolic disc or antenna which will be provided to screen the parabolic disc or antenna from the roadway and adjoining property owners. Unless demonstrated to be impracticable, all screening required shall be by coniferous trees and shall be of sufficient height and density to screen 100% of the parabolic disc or antenna from sight at ground level from the roadway and from properties located within a two-hundred-foot radius of the premises during the entire year.

§ 275-40 Places of worship and schools.

All principal and accessory buildings shall not exceed the maximum height requirements applicable to the district in which they are located as set forth in this chapter.

Any accessory buildings and structures shall be located not less than 20 feet distant from any wall of the main building.

Each lot shall meet the minimum setback requirements for front, side and rear yards applicable to the district in which it is located.

On each lot there shall be a paved parking area with one parking space for every three seats in the principal building and the accessory buildings, and one space for each 50 square feet of floor space used for public assembly which does not contain seats.

Wherever a parking area is adjacent to a street or a residential lot, there shall be planted, kept and continuously maintained in good condition along the property line between the parking area and the street or the residential lot, as the case may be, a thick screen of shrubbery or hedge to a height of not less than six feet and a depth of not less than five feet.

Drainage and lighting plans shall be approved by the Board. Dry wells shall be provided at locations approved by the Board for roof water and other runoff. Any drainage plans shall contain design calculations matching design criteria. Drainage plans for any parking areas shall provide for diffusion wells with asphalt or similar hard-surfaced areas designed to accommodate a two-inch rainfall within a twenty-four-hour period with a runoff coefficient equal to one. All lighting on the premises shall be shielded to minimize lighting beyond the property lines, and all lighting fixtures shall be of a design and wattage, and located in such location and in such manner, as shall be approved by the Board.

§ 275-41 Telecommunications towers.

[Amended 12-8-2016 by L.L. No. 5-2016]

Legislative intent. The Board of Trustees determines that it is in the best interest of its residents to establish regulations and standards for the siting and installation of all wireless equipment, including towers, monopoles, pole-mounted and building-attached equipment and other related devices and equipment. These regulations and standards are adopted in order to promote the safety and welfare of the residents of the Village to the extent reasonably permitted under federal and state laws and rules and regulations. This section will ensure that all wireless telecommunication service facilities and equipment be sited, designed, built and utilized in accordance with sound use planning that will preserve and protect the aesthetic qualities of the Village and promote and protect the safety and welfare of its residents.

Purpose. The purpose of this section is to regulate, to the fullest extent reasonably permitted by law, the siting, location, construction and maintenance of wireless telecommunication service facilities in the Village in order to:

Promote the safety and welfare of the residents of the Village and surrounding communities.

Minimize the adverse visual effects of wireless telecommunication service facilities and to protect the natural features, aesthetics and open space character of the Village by careful siting, design, buffering and screening of wireless telecommunication service facilities.

Avoid potential dangers to the community, adjacent properties and the site from structural dangers pertaining to the construction and maintenance of wireless telecommunication service facilities.

Limit the total number of wireless telecommunication service facilities to be constructed in the Village to the minimum number of facilities necessary to provide adequate coverage to the Village.

Maximize the use of any proposed site by reducing the number of facilities to be constructed on the site and encourage co-location and multiple use of facilities to the extent reasonably permissible.

SECONDARY WIRELESS TELECOMMUNICATION SERVICE FACILITIES

Encourage the priority siting of wireless telecommunication service facilities on properties in the Village.

Definitions. As used in this section, the following terms shall be defined as follows:

ADEQUATE COVERAGE

Coverage for wireless telecommunication service facilities is considered to be adequate within that area when the transmitted signal is capable of being sent or received. It is acceptable for there to be holes within the intended coverage area.

CO-LOCATION

The use of wireless telecommunication service facilities or other structure to support antennae for the provision of wireless services without increasing the height of such facility or other structure.

FAILURE OF COVERAGE

An area within the Village of Roslyn Harbor where there is not adequate coverage.

MONOPOLE

A freestanding pole having a single point of location on the ground comprising a part of a wireless telecommunication service facility. For purposes of this section, the term monopole shall include, in addition to the pole, all other components of the wireless telecommunication service facilities.

REPEATER

A small, supplementary and accessory bi-directional amplifier facility designed and limited in height and transmission power to provide service only where there is a failure of coverage and to minimize visual impacts and the need for primary base stations which may be attached to a structure or pole.

A small wireless telecommunication services facility that is intended, designed and limited in its implementation to provide service only in and for an area where there is a failure of coverage. Such facility shall be limited in height and transmission power to the minimum necessary to achieve adequate coverage in the area where there is a failure of coverage.

TOWER

A guide wired or self-supporting tower constructed as a free standing structure comprising a part of a wireless telecommunication service facility. For purposes of this section, the term tower shall include, in addition to the tower, all other components of wireless telecommunication service facilities.

WIRELESS TELECOMMUNICATION SERVICE FACILITIES

Any and all equipment and structures used in connection with the commercial operation of wireless telecommunication services, as defined herein, and as the term personal wireless service facilities is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996,47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including, but not limited to antennas, monopoles, secondary wireless telecommunication service facilities, repeater, and such other equipment, appurtenances and structures relating thereto.

WIRELESS TELECOMMUNICATION SERVICES

The provision of wireless telecommunication services, including those more commonly referred to as cellular telephones, which services are regulated by the Federal Communications Commission (FCC) in accordance with, and as the term personal wireless services is defined in, the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332 (c)(7)(C), or as hereafter amended. With the exception of communications for the Village and local police, fire, ambulance and other municipal emergency service, the term wireless telecommunication services shall specifically exclude all other services not included in the FCC definition of personal wireless services.

Special use permit. No wireless telecommunication service facilities shall be sited, located, constructed or maintained on any lot, building, structure or land area in the Village, unless and until a special use permit is issued by the Board of Trustees in conformity with the requirements of this section, and all other applicable requirements of this zoning ordinance and those rules and regulations governing wireless telecommunication service facilities.

Location.

Wireless telecommunication service facilities shall be located on properties meeting the below criteria in the noted order of priority. The applicant shall evaluate and demonstrate the feasibility of all available higher priority locations meeting the criteria before considering a lower priority location:

(a)

Private or public properties exceeding 100 acres in area, where one wireless telecommunication services facility site can provide at least adequate coverage to the Village and which avoids and minimizes impacts upon adjoining residential properties by providing a separation of 1,000 feet or more from all property boundaries and/or residences.

(b)

Village-owned property used for municipal purposes.

(c)

Co-location on a site with a current legally permitted wireless telecommunication service facility or structure, or location on a site previously approved for a telecommunication tower.

(d)

Properties having in excess of 12 acres in area, which property location minimizes the economic and aesthetic impacts upon adjoining residential properties, while providing adequate coverage to the Village.

(e)

On existing legal, nonresidential structures such as water tower, church steeple, or other similar nonresidential structures, when placement of wireless facilities, including, but not limited to, antennas, which do not increase the height of the existing structure by more than three feet.

Location sites not meeting with the above priority criteria shall only be considered by the Boardof Trustees when the applicant demonstrates to the Board's satisfaction that a priority site is not available and that the alternate site protects and preserves the aesthetic qualities, open space characteristic of the Village of Roslyn Harbor, the property value of the community and the safety and welfare of its citizens, to the maximum extent practicable.

An applicant may not by-pass sites of higher priority by stating the site proposed is the only site available.

An application shall address co-location options. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Village, why co-location is not feasible. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim that co-location is not feasible.

Notwithstanding the above, the Village may approve any site located within an area in the above list of priorities, provided that the Village finds that the proposed site is in the best interest of the health, safety and welfare of the Village and its inhabitants and will not have a deleterious effect on the aesthetic nature and character of the community, the neighborhood and on nearby property values.

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Village may disapprove an application for any of the following reasons:

(a)

Conflict with safety and safety-related codes and requirements;

(b)

Conflict with the historic nature or aesthetic character of a neighborhood or historical district;

(c)

The use or construction of wireless telecommunication service facilities which is contrary to or, violates contractual agreements with the Village;

(d)

The placement and location of wireless telecommunication service facilities which would create an unacceptable risk, or the reasonable probability or such, to residents, the public, employees and agents of the Village, or employees of the service provider or other service providers;

(e)

Material or substantial conflicts with the provisions of this section.

Shared use of wireless telecommunication service facilities and other structures. Applications which locate facilities on existing wireless telecommunication service facilities or other structures without increasing the height, as opposed to the construction of a new wireless telecommunication service facility, shall be preferred by the Village. The applicant shall submit a comprehensive report inventorying existing wireless telecommunication service facilities and other suitable alternative structures within two miles of the location of any proposed new site or wireless telecommunication service facilities. The applicant may show that a lesser distance is more reasonable, provided it is demonstrated that the two-mile distance is not applicable. The Village shall only show that the needs of the minimum antenna array necessary to provide service primarily and essentially within the Village is by co-location.

Design of antenna, towers, and accessory structures. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure, provided however, that directional or panel antenna and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.

Freestanding structures.

The type and design of freestanding wireless telecommunication service facilities shall be disguised to minimize its visibility and impact to the satisfaction of the Board of Trustees. Wireless telecommunication service facilities which require the use of guide wires are prohibited.

The Board of Trustees may limit the tower to the minimum size and height required to provide service adequate to attain minimum coverage to eliminate required gaps in service within the Village.

Freestanding structures, setbacks.

It shall be a priority of the Village to maximize the separation between wireless telecommunication service facilities and residences and residential properties.

Unless otherwise modified by the Board of Trustees in an effort to accommodate co-location, location on a site previously approved for telecommunication tower, or other purposes of this section, freestanding wireless telecommunication service facilities shall be located from the property line and all dwelling units not less than:

(a)

Two times the height of the facility plus the applicable setback requirements for principal structures for the district in which the property is located; and

(b)

Such additional setbacks as shall be determined by the Board of Trustees in order that the proposed facility will not create damage or injury from a structural failure of wireless telecommunication service facilities.

Height limitations.

Notwithstanding any provision to the contrary in the Building Zone Ordinance, the following maximum height limitation for wireless telecommunication service facilities shall apply, but under no circumstances shall the height exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.

The height of any monopole or other freestanding structure utilized in a wireless telecommunication service facility shall not exceed 150 feet, measured from the highest point of such facility to the original grade elevation of the ground immediately adjacent to the structure.

Visual mitigation.

The applicant shall prepare a visual impact assessment of the proposed wireless telecommunication service facilities based upon appropriate modeling, photography and other pertinent analytical techniques as required by the Board of Trustees, including but not limited to a map identifying the zone of visibility.

Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, and alternative construction, structural and transmission technologies such as antennas attached to or disguised as trees or other features or camouflaging techniques, shall be required to minimize the visual impact of such facility from public thoroughfares, important views and vantage points and surrounding properties to the extent practicable all as determined by the Board of Trustees.

No signs other than as approved by the Board of Trustees for security or safety purposes, shall be erected on any wireless telecommunication service facilities.

All ground based equipment and structures shall be located underground.

Lighting. The wireless telecommunication service facilities shall not be artificially lighted unless otherwise required by the Federal Aviation Administration (FAA).

Application fees. The applicant is responsible for the payment to the Village of a permit fee of $5,000 for each application for a single wireless telecommunication services facility and an additional $5,000 for each co-located licensed wireless telecommunication services provider for each site requested in the application.

Hearing charges.

An applicant shall deposit with the Village funds sufficient to reimburse the Village for all reasonable costs of such consultant and expert evaluation and consultation to the Board in connection with the review of any application including the construction and modification of the site, once permitted. The initial deposit shall be $10,000 and shall be modified to the application filing fee. The Village will maintain a separate escrow account for all such funds. The Village's consultants/experts shall invoice the Village for its services in reviewing the application and, if permitted, overseeing the construction of the facility. If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the Village, replenish said escrow account so that it has a balance of at least $10,000. Such additional escrow funds shall be deposited with the Village before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Village is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.

Each applicant shall pay in addition to the application fee, hearing charges required above prior to the hearing and meeting for which the fees are required and the charges are incurred, to the extent that the latter are then determined. To the extent that hearing charges are subsequently determined to exceed the funds on hand, the applicant shall pay the same prior to the next stage (after such charges are determined) in connection with the application, or approval, including the filing of a final decision.

No hearing shall be held and no consideration shall be given by the Board of Trustees on any application unless all required fees and charges, to the extent that the latter are then determined, shall have been paid.

The Board of Trustees may retain any consultant and/or expert necessary to assist it in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for re-certification.

The total amount of the funds needed as set forth in this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

The applicant shall also reimburse the Village for the actual and necessary charges for legal fees which have been incurred by the Village in connection with the application not to exceed $150,000.

Lease agreement. In the case of an application for approval of wireless telecommunication service facilities to be located on lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided and a copy shall be filed with the Village Clerk.

Removal.

Wireless telecommunication service facilities, or any portion thereof, including any portion 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 Village.

The applicant shall provide to the Village written notification 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 Village by one or more of the service providers. The applicant will also acknowledge in this notification the requirement to remove the facility and set forth the plans for its removal.

The owner and/or applicant shall provide to the satisfaction of the Village a written agreement suitable for filing with the Nassau County Clerk to ensure the dismantling, removal and restoration of an abandoned wireless telecommunication service facilities or portion thereof. Compliance with the requirements of removal as set forth herein shall be secured by a bond or cash deposit posted by the applicant in an amount and for a duration determined to be adequate by the Board of Trustees.

In the event that such facility or portion thereof is not completely removed from the property within the required time, the Village shall be authorized to cause such removal and be reimbursed for all expenses incurred, including reasonable attorney's fees which cost shall be assessed against the property.

Performance security. The applicant and the owner of record of any proposed wireless telecommunication service facilities property site shall, at its cost and expense, be jointly required to execute and file with the Village a bond, or other form of security acceptable to the Village as to type of security and the form and manner of execution, in an amount to be determined by the Board of Trustees but not less than $75,000 and with such sureties as are deemed sufficient by the Village to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original use permit.

Operational characteristics.

Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunication service facilities, 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.

The Board of Trustees shall require annual certification of conformance with the applicable emissions standards and the requirement and conditions of approval.

Certification shall also be required prior to any modification of the wireless telecommunication service facilities, at any time the Building Inspector suspects such modification has been made, or upon modification of the FCC standards.

The Board of Trustees shall hire a qualified professional of its choice to review and confirm such initial and annual certification report, the cost of which shall be reimbursed by the applicant.

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 Building Zone Ordinance or the conditions of the special permit approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with this Building Zone Ordinance.

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.

Utility service. All utility device lines extended to the wireless telecommunication service facilities site shall be installed underground.

Safety provisions. Wireless telecommunication service facilities shall be designed and erected so that in the event of structural failure, it will fall within the required setback area and, to the maximum extent possible, away from adjacent development. No new structure shall be permitted which would be classified by the FAA Regulations as an obstruction or hazard.

Insurance and indemnification.

The property owner and applicant, if leased, shall indemnify, defend, protect and hold harmless the Village, its board members, officers, employees and agents from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and the costs of defense, directly or proximately resulting from activities undertaken pursuant to the use and operation of any approved wireless telecommunication service facilities.

The owner and applicant shall obtain and maintain at all times insurance of an appropriate type and amount from an insurer licensed and authorized in the State of New York meeting the requirement of the Village Board of Trustees and the Village Attorney.

Security provisions. A security program shall be formulated and implemented for the site of wireless telecommunication service facilities. Such program shall 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 as required by the Board of Trustees.

Structural inspection and report. An approved wireless telecommunication services facility shall be inspected by a licensed professional engineer every five years at the expense of the service. If at any time upon a determination by the Building Inspector that the approved structure may have sustained structural damage or is in violation of the conditions of approval, the Village may require reinspection. A copy of the inspection report shall be submitted to the Building Inspector.

Emergency plan. An emergency action plan shall be formulated and implemented for the site of wireless telecommunication service facilities, to the satisfaction of the Board of Trustees and local emergency services to the Village of Roslyn Harbor. Such plan shall include identification of all appropriate features and considerations of each facility, appropriate training of local police, fire and ambulance service providers, and appropriate provisions for notification of the public in the event of an emergency, to the satisfaction of the Board of Trustees and the local providers of emergency services to the Village of Roslyn Harbor.

For purposes of this Code, the term "wireless telecommunication service facilities," should also include the term "telecommunication towers."

§ 275-42 Utility substations and detention basins.

A statement setting forth the need and purpose of the substation or detention basin shall be filed along with the application for a utility substation or detention basin.

Proof shall be furnished to the approving agency that the proposed substation or detention basin in a specific location is necessary and convenient for the efficiency of the utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; further provided that the design of any building or structure in connection with such facility conforms to the general character of the district and will in no way adversely affect the safe and comfortable enjoyment of property rights of the district in which it is located and that adequate and attractive screening, buffering, protective fencing, gates, and other safety devices will be provided and will be periodically maintained.

The dimensional requirements for utility substations or detention basins shall conform to those of the district in which the use is to be located, except, however, that the approving agency shall have the discretion to increase the minimum dimensional requirements or decrease the maximum dimensional requirements of the district in which such a use is located as necessary to protect the safety of the residents and the character of the district in which such a use is located.

All such uses shall comply with all federal, state, county and Village codes and ordinances and shall be equipped with all safety devices and protective measures as required by the appropriate building and fire codes.

The height of structural towers or pylons shall be the minimum necessary to safely accommodate electric transmission lines. The routing of such lines shall be planned to cause the least visual and other disturbance to the built and natural environment in the Village.

§ 275-43 Off-street parking lot for catering and/or restaurant facility.

[Amended 12-9-2013 by L.L. No. 2-2013]

Such use shall only be permitted where such property within the Village is adjacent to and held in common ownership with a parcel of property located outside the boundaries of the Village in the unincorporated area of the Town of North Hempstead (the "outparcel"), when such outparcel has as its only use the operation of a catering and/or restaurant facility.

For the purposes of this section, the term "restaurant" shall not include a nightclub, cabaret or other similar use which provides for eating and/or drinking and also provides, as a principal component, nonincidental music or other live or electronic entertainment for the general public.

The following criteria shall be met:

The off-street parking in the Village of Roslyn Harbor is required in order to alleviate an on-street parking problem;

It is not feasible to provide the necessary off-street parking outside the Village boundaries;

Permitting the off-street parking will enhance and improve the quiet and enjoyment of adjoining property owners and diminish or alleviate an existing adverse impact upon said adjoining property owners and the neighborhood;

Site plans submitted demonstrate maximum screening and protection of the surrounding residential area feasible from both the property located in the Village and the outparcel;

No other practical alternative exists; and