Set aside to be built on the site no fewer than 10% of the units as affordable units under § 300-11.6B either for sale or for rental; or

Payment of a sum of money to the Sag Harbor Community Housing Trust Fund incident to issuance of any approval, which said sum shall equal $186,000 of units otherwise times twice the number of units otherwise to be built under Subsection A(1) above or such other per-unit sum as is fixed from time to time by resolution of the Board of Trustees, so that, by way of illustration not limitation, if the actual density on any such project is 10 units, requiring one to be affordable, and if built on site, the trust fund contribution would be $372,000.

Location. In the VB District, any new accessory apartment shall not be located on the first floor or below said floor.

Bedrooms. In no event shall the number of bedrooms in an accessory apartment exceed two bedrooms.

Off-street parking. Any applicant hereunder shall in good faith seek to provide at least one off-street parking space for any such accessory apartment, but no off-street parking spaces shall be required for an accessory apartment hereunder.

Code compliance. Any accessory apartment shall be improved and maintained in compliance with the Village Code, the New York State Fire Prevention and Building Code and the Suffolk County Sanitary Code.

Inspection. As a condition of approval of any permit for an accessory apartment, the applicant or its designated, authorized representative shall authorize the Building Inspector and/or Fire Marshal to make or cause to be made inspections, upon reasonable notice, to determine the condition of the dwellings and compliance with the provisions of this section to safeguard the health, safety and welfare of the public.

It is in compliance with the requirements of this section and all other provisions of this chapter.

A special exception permit has been issued for a bed-and-breakfast under this section by the Planning Board permitting the bed-and-breakfast.

Implementing an application process for person(s) seeking a special use permit for placement and construction and maintenance of wireless telecommunications facilities;

Establishing a policy for examining an application for and issuing a special use permit for wireless telecommunications facilities that is both fair and consistent to all licensed wireless telecommunications providers;

Promoting and encouraging the sharing and/or co-location of wireless telecommunications facilities among service providers;

Promoting and encouraging the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth and other innovative technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and near the requested location of such wireless telecommunications facilities;

Promoting and encouraging the implementation of alternative types of wireless telecommunications facilities and technology such as secondary wireless telecommunication service facilities, repeaters, and micro-cell technology to minimize the adverse visual and physical effects of wireless telecommunications facilities and to protect the natural features, aesthetics and open space character of the Village;

Promoting and encouraging the priority of siting of wireless telecommunications facilities to minimize the adverse visual and physical effects of wireless telecommunications facilities and to protect the natural features, aesthetics and open space character of the Village;

To minimize the impact of such facilities on residential properties;

To encourage the siting of wireless telecommunications services facilities on properties and areas which are not used for residential purposes;

To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound; and

To ensure that towers and telecommunications facilities are compatible with surrounding land uses.

For purposes of this section, and where not inconsistent with the context of a particular subsection, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

As used in this section, the following terms shall have the meanings indicated:

All applicants for a special use permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section; applications for a special use permit for wireless telecommunications facilities shall be made to the Board of Trustees. Said Board is the officially designated agency that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for wireless telecommunications facilities. The Village may, at its discretion, delegate or designate other official agencies of the Village to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for wireless telecommunications facilities.

An application for a special use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

Applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected by the Board.

The applicant shall include with the application a written certification:

All applications for the construction or installation of new wireless telecommunications facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in this state. The application shall include as a minimum the following information:

In the case of a new wireless telecommunications facility, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing wireless telecommunications facilities, or the use of alternative buildings or other structures within or adjoining the Village. Copies of written requests and responses for shared use shall be provided to the Board as part of the application, along with any letters of rejection stating the reason for rejection. A written technical report from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another existing tower or usable antenna support structures owned by others, located within a one-half-mile radius of the proposed tower site, shall be provided.

The applicant shall certify that the wireless telecommunications facility, foundation and attachments are designed and will be constructed to meet all local, Village, state and federal structural requirements for loads, including wind and ice loads.

The applicant shall certify that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property, and installed with appropriate surge protectors.

The applicant shall furnish a visual impact assessment, which shall include:

The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed wireless telecommunications facilities.

Any and all representations made by the applicant or its counsel to the Board, on the record or otherwise, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Board.

All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the Village, including, specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.

All applications for wireless telecommunications facilities shall demonstrate that the facility has been sited to minimize the adverse visual and physical impacts and effect on the environment, the adjacent neighborhood, and the Village and its character.

Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed, and/or to harmonize with the natural surroundings, which shall include the utilization of stealth or concealment technology as may be required by the Board.

Telecommunications sites shall provide an access road, turnaround space, and parking to assure adequate emergency and service access. Existing roads, whether public or private, shall be used to the maximum extent possible. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

A person who holds a special use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all then current applicable technical, safety and safety-related codes adopted by the Village, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code, the National Electrical Code, FAA and FCC, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors, as modified and updated from time to time. The codes referred to are codes that include, but are not limited to, use, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

A holder of a special use permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same in full force and effect for as long as required by the Village or other governmental entity or agency having jurisdiction over the permittee.

With respect to the application process, the Board will seek lead agency status pursuant to SEQRA. The Board shall conduct an environmental review of the proposed project pursuant to SEQRA in combination with its review of the application pursuant to this section.

An applicant shall submit to the Village the number of completed applications determined to be needed at the preapplication meeting.

The applicant shall examine the feasibility of designing a proposed wireless telecommunications facility to accommodate future demand for at least five additional commercial applications for future co-locations. As determined by the Board, the wireless telecommunications facility shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant and located as close to the applicant's antenna as possible without causing interference.

Future shared use.

There shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting shall also include a site visit, if there has not yet been a prior site visit for the requested site. Costs of the Village's consultants to prepare for and attend the preapplication meeting will be borne by the applicant. Any and all representations made by the applicant or its counsel during the preapplication meeting and site visit shall be deemed a part of the application and may be relied upon in good faith by the Village of Sag Harbor.

The holder of a special use permit shall notify the Village of any intended modification of a wireless telecommunications facility and shall apply to the Board to modify, relocate or rebuild a wireless telecommunications facility.

In order to better inform the public of the potential visual impact of a new wireless telecommunications facility, the applicant shall, at the discretion of the Board, conduct a balloon test prior to the public hearing on the application. The applicant shall arrange to fly or raise upon a temporary mast a minimum of three feet in diameter, a brightly colored balloon at the maximum height of the proposed new wireless telecommunications facility. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be published in the official newspaper of the Village. The applicant shall inform the Village, in writing, of the dates and times of the test at least 14 days in advance. The balloon shall be flown for at least three consecutive hours sometime between 9:00 a.m. and 4:00 p.m. on the initial date. The secondary date may be on a weekday.

The applicant shall provide a written copy of an analysis, completed by a qualified individual or entity, to determine if the wireless telecommunications facility or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any new wireless telecommunications facility or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA, and any related correspondence shall be provided to the Village in a timely manner.

Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunication facilities in accordance with the following priorities, (a) being the highest priority and (g) being the lowest priority. The applicant shall demonstrate to the Board its attempts to locate on the highest priority sites available.

Towers shall be permitted only as a last alternative after all other transmission alternatives have been proven not to be effective to eliminate substantial gaps in service within the Village. Guyed wire towers shall not be permitted.

If the need for a new tower is proven, the tower shall be no taller than the minimum height necessary to eliminate substantial gaps in service or portions thereof within the Village.

If the proposed site is not the highest priority listed in Subsection A(1)(a) through (g) of this section, then a detailed explanation must be provided as to why any individual site of any higher priority type was not selected or available. The applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

An applicant may not bypass sites of higher priority by stating that the site proposed is the only site leased or selected. An application shall always address co-location as the first preference of the Village. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Board why 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 the above, the Village may disapprove any site located within an area in the above list of priorities, provided that the Village finds that the proposed site is not in the best interest of the health, safety and welfare of the Village and its inhabitants and will have a deleterious effect on the aesthetic nature and character of the community, the neighborhood and on nearby property values.

The applicant shall submit a written report demonstrating the applicant's review of the above categories of locations in order of priority, demonstrating the reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation shall be included with the application, explaining why categories of sites of a higher priority were not selected or available.

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:

Co-locating on existing wireless telecommunications facilities or other structures without increasing the height, as opposed to the construction of a new wireless telecommunications facility or increasing the height of the existing facility, shall be preferred by the Village. The applicant shall submit a comprehensive report inventorying existing wireless telecommunications facilities and other suitable alternative structures within a two-mile radius of the location of any proposed new site or wireless telecommunications facilities and demonstrate conclusively why an existing wireless telecommunications facility or other suitable structure cannot be used.

An applicant intending to locate on an existing wireless telecommunications facility or other suitable structure shall be required to document the consent of the existing owner to permit its use by the applicant.

Such shared use shall consist only of the minimum antenna array necessary to provide service primarily and essentially within the Village.

The applicant shall submit documentation justifying the total height of any wireless telecommunications facility and/or antenna and the basis therefor. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the Village.

If the need for a new wireless telecommunications facility can be proven, the maximum permitted height of a wireless telecommunications facility shall be no higher than the minimum height necessary to eliminate substantial gaps in service within the Village, whether in whole or in part. In no event shall a tower be higher than 75 feet.

All wireless telecommunications facilities shall employ stealth design technology, as determined by the Board.

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.

Wireless telecommunications facilities shall be galvanized or, if deemed necessary, painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section.

If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under applicable regulations.

Wireless telecommunications facilities and all related cabling that are co-located on a structure other than a wireless telecommunications facility shall be of a color that matches the color of the structure to which the facilities are attached. Whenever possible, wireless telecommunications facilities shall employ stealth technology to minimize the visual impact of such facilities and equipment.

In all cases, structures offering slender silhouettes (i.e., monopoles) shall be preferable to freestanding structures, except where such freestanding structures offer capacity for future co-location. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

Landscaping and/or other screening and visual mitigation treatments, including but not limited to the use of camouflage, stealth or concealment technologies or treatments shall be required to minimize the visual and aesthetic impact of such facility.

All ground-based equipment and structures shall either be located underground or placed so as not to be directly or easily visible from any property line.

Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place without prior approval of the Board. Clear-cutting of all trees in a single contiguous area exceeding 5,000 square feet shall be prohibited.

Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important viewsheds or vistas. Where the site abuts residential or public property, including streets, the vegetative screening shall be required, consisting of at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting, to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall exclude the height of any berm. Required vegetation shall be maintained as a condition of the special use permit.

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

Any application submission shall be simultaneously submitted to the Board's consultants by the applicant.

No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this section without having first obtained a special use permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special use permit shall be required for those exceptions noted in the definition of "wireless telecommunications facilities."

All wireless telecommunications facilities legally existing on or before the effective date of this section shall be allowed to continue as they presently exist; provided, however, that any modifications of an existing wireless telecommunications facility must comply with the provisions of this section.

Prior to the approval of any application for a special use permit for wireless telecommunications facilities, a public hearing shall be held by the Board, notice of which shall be published in the official newspaper of the Village no less than 10 calendar days prior to the scheduled date of the public hearing. The applicant shall notify all landowners, in writing, whose property is located within 1,500 feet of any property line of the lot or parcel on which the new wireless telecommunications facilities are proposed to be located and any property owner or organization directly impacted by the proposed facility, as determined by the Board, by certified mail, return receipt requested, no less than 10 calendar days prior to the scheduled date of the public hearing.

There shall be no public hearing required for an application to co-locate on an existing wireless telecommunications facility or other structure, provided that there is no proposed increase in the height of the wireless telecommunications facility or other structure, including attachments thereto.

The Board shall schedule the public hearing referred to in Subsection A of this section once it determines that the application is complete. The Village, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary. The Board may waive any part or item to be contained in the application upon request of that applicant for good cause shown as determined by the Board.

The Board will undertake a review of an application pursuant to this section in a timely manner, consistent with its responsibilities with SEQRA, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest.

The Board may refer any application or part thereof to any advisory or other committee for a nonbinding recommendation.

After the public hearing and after formally considering the application, the Board may approve, approve with conditions, or deny a special use permit. The Board's decision shall be in writing and shall be supported by substantial evidence contained in the record. The burden of proof for the grant of the permit shall be upon the applicant.

Construction of a wireless telecommunications facility permitted under this section shall be started within 90 days of the date of the grant of the special use permit and be completed, obtain a certificate of completion, and provide service within 180 days of the date of the grant of the special use permit. If the requirements of this Subsection P(4) are not complied with, the wireless telecommunications facility shall be deemed to have been abandoned, the special use permit shall be revoked and the provision of Subsection Z shall be enforced.

All special use permits approved pursuant to this section shall expire five years from the date of issuance unless, between 12 months and six months prior to the five-year anniversary date of the special use permit and all subsequent five-year anniversaries of the issuance of the original special use permit for wireless telecommunications facilities, the holder of a special use permit for such facility shall submit a signed, written request to the Board for recertification. In the written request for recertification, the holder of such special use permit shall include the following:

If, after such review, the Board determines that the permitted wireless telecommunications facility is in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations currently in effect, then the Board shall issue a recertification of the special use permit for the wireless telecommunications facility, which may include any new provisions or conditions that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facility is not in compliance with the special use permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Board may refuse to issue a recertification of the special use permit for the wireless telecommunications facility, and in such event, such wireless telecommunications facility shall not be used after the date that the applicant receives written notice of the decision by the Board and until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in the record and shall be promptly provided to the owner of the facility. In the event the wireless communications facility shall not be brought into compliance within 90 days from the date of the decision of the Board, the facility shall be removed by the permittee in accordance with Subsection Z below.

If the applicant represents that the wireless communications facility can be replaced by a facility of improved visual appearance through the use of stealth technology pursuant to Subsection P(1)(g) above, the special use permit shall be renewed on the condition that the wireless telecommunications facility shall be replaced by a wireless communications facility of improved stealth technology as approved by the Board prior to the expiration of the conditional renewal.

If the applicant has submitted all of the information requested and required by this section, and if the review is not completed as noted in Subsection P(2) above prior to the five-year anniversary date of the special use permit or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facility shall receive an extension of the special use permit for up to six months in order to complete the recertification review.

If the holder of a special use permit for a wireless telecommunications facility does not submit a request for recertification of such special use permit within the time frame noted in Subsection P(1) above, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit or subsequent five-year anniversaries.

Such special use permit shall be nonexclusive;

Such special use permit shall not be assigned, transferred or conveyed without the express prior written notification of the Village of Sag Harbor; and

Such special use permit may be revoked, canceled or terminated for a violation of the conditions and provisions, if any, of the special use permit or for material violation of this section.

At the time of submission of an application for a special use permit for a wireless telecommunications facility, a nonrefundable application fee of $6,000 shall be paid to the Village. If the application is for a special use permit for co-locating on an existing wireless telecommunication facility or other structure, the nonrefundable fee shall be $3,000. Joint applications for co-location on one site shall be treated as separate applications.

The application fee for recertification of a special use permit for a wireless telecommunications facility shall be $1,500 unless there has been a modification of the wireless telecommunications facility since the date of the issuance of the original special use permit for which the conditions of the special use permit have not previously been modified. In the case of any modification, the fees provided in Subsection R(1) shall apply. Any submissions or information provided of any kind shall simultaneously be provided to the Village's consultant.

The holder of a special use permit for a wireless telecommunications facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage for the duration of the special use permit in amounts as set forth below:

The commercial general liability, automobile and umbrella insurance policies shall specifically include the Village and all elected and appointed officials, and its employees, volunteers, committee members, attorneys, agents and consultants as additional named insureds by endorsement to the policy of insurance.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Village with at least 30 days' prior written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the Village at least 15 days before the expiration of the insurance that such policies are to renew or replace.

Before construction of a permitted wireless telecommunications facility is initiated, but in no case later than 15 days after the grant of the special use permit, the holder of the special use permit shall deliver to the Village a copy of each of the policies or certificates representing the insurance in the required amounts.

Any application for wireless telecommunication facilities that is proposed for property located within the Village pursuant to this section shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save and hold harmless, and exempt the Village and its officers, boards, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of or are caused by the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Village. Said indemnity shall be signed by a duly authorized corporate officer or representative of the applicant.

Notwithstanding the requirements noted in Subsection X(1) of this section, an indemnification provision will not be required in those instances where the Village itself applies for and secures a special use permit for wireless telecommunications facilities.

In the event of a violation of this section or any special use permit issued pursuant to this section, the Village may impose and collect from the property owner and/or holder of a special use permit for wireless telecommunications facilities the fines or penalties as set forth below. A violation of this section is hereby declared to be an offense, punishable by a fine not exceeding $350 per day, per occurrence, or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 per day or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine of not less than $700 per day nor more than $1,000 per day or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this section or of such ordinance or regulation shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Notwithstanding anything in this section to the contrary, the holder of a special use permit for a wireless telecommunications facility may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this section or any subsection of this section. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The Village may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the Village.

If wireless telecommunications facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the special use permit, then the Village shall notify the holder of the special use permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other subsection of this section, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Village may, at its sole discretion, order the violation remedied within 24 hours.

If, within the period set forth in Subsection Z(1) above, the wireless telecommunications facilities are not brought into compliance with the provisions of this section or of the special use permit or substantial steps are not taken in order to bring the affected wireless telecommunications facility into compliance, then the Village may revoke such special use permit for such wireless telecommunications facility and shall notify the holder of the special use permit within 48 hours of such action.

Under the following circumstances the Village may determine that the health, safety and welfare interests of the Village warrant and require the removal of wireless telecommunications facilities.

If the Village makes such a determination as noted in Subsection AA(1) of this section, then the Village shall notify the holder of the special use permit for the wireless telecommunications facility within 48 hours that said wireless telecommunications facility is to be removed. The Village may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facility.

The holder of the special use permit or its successors or assigns shall dismantle and remove such wireless telecommunications facility and all associated structures and facilities from the site and restore the site to as close to its original condition as is possible within 90 days of receipt of written notice from the Village. However, if the owner of the property upon which the wireless telecommunications facility is located wishes to retain any access roadway to the wireless telecommunications facility, the owner may do so with the approval of the Board.

If a wireless telecommunications facility is not removed or substantial progress has not been made to remove the wireless telecommunications facility within 90 days after the permit holder has received notice, then the Village may order officials or representatives of the Village to remove the wireless telecommunications facility at the sole expense of the owner and/or special use permit holder.

If the Village removes or causes to be removed a wireless telecommunications facility, and the owner of the wireless telecommunications facility does not claim and remove it from the site to a lawful location within 10 days, then the Village may take steps to declare the wireless telecommunications facility abandoned and sell it and its components.

Notwithstanding anything in this section to the contrary, the Village may approve a temporary use permit/agreement for the wireless telecommunications facility, for no more than 90 days, during which time a suitable plan for removal, conversion or relocation of the affected wireless telecommunications facility shall be developed by the holder of the special use permit, subject to the approval of the Village, and an agreement to such plan shall be executed by the holder of the special use permit and the Village. If such a plan is not developed, approved and executed within said ninety-day time period, then the Village may take possession of and dispose of the affected wireless telecommunications facility in the manner provided in this section.

To the extent that the holder of a special use permit for a wireless telecommunications facility has not received relief or is otherwise exempt from appropriate state and/or federal agency rules or regulations, then the holder of such a special use permit shall adhere to and comply with all applicable rules, regulations, standards and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

To the extent that applicable rules, regulations, standards and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, security and RF emissions standards are changed and/or are modified during the duration of a special use permit for a wireless telecommunications facility, then the holder of such a special use permit shall conform the permitted wireless telecommunications facility to the applicable changed and/or modified rule, regulation, standard or provision within 12 months of the effective date of the applicable changed and/or modified rule, regulation, standard or provision, or sooner, as may be required by the issuing entity.

Waiver or modifications. The Board may waive or modify any of the provisions and requirements contained herein upon application of the applicant to the Board showing just cause for such waiver in order to further the purposes and intent of this section and compliance with the Telecommunications Act of 1996.

The diameter of such dish antenna shall not exceed one meter (39.37 inches).

Such dish antenna shall be mounted on the ground, except as hereinafter provided. In the VB Village Business and WF Waterfront Districts, such dish antenna may be mounted on the roof of a building and the number of such dish antennas mounted on the roof shall not exceed one per building, and the dish antenna shall be concealed from public view.

Such dish antenna shall be installed in conformity with the provisions of this chapter relating to accessory structures.

Such dish antenna shall be installed at the location approved by the Board of Historic Preservation and Architectural Review, provided same is concealed from public view.

The height of such dish antenna shall not exceed the height approved by the Board of Historic Preservation and Architectural Review, and said Board shall limit its approval to the smallest dish antenna available in the marketplace and reasonably useful at the subject site.

Landscape screening for such dish antenna, approved by the Board of Historic Preservation and Architectural Review, shall be installed and maintained.

The dish antenna shall be installed at a location which minimizes or avoids, to the maximum extent practicable, the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.

The height of the dish antenna shall not exceed a height which minimizes or avoids, to the maximum extent practicable, the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.

Landscaped screening shall be provided which minimizes or avoids, to the maximum extent practicable, the adverse visual and aesthetic impact of the dish antenna on adjoining properties, adjacent streets and the neighborhood, consistent with the need to receive adequate signal reception and economic considerations.

The site plan depicts compliance with the parking requirements of this chapter.

The Planning Board shall determine that the proposed use(s) will not have an undue adverse impact on the community. In making such a determination, the applicant shall conduct or hire a consultant to conduct a market and municipal impact study at the expense of the applicant. The Planning Board shall be afforded the opportunity to consider its own such study. Such study shall include, but shall not be limited to, an analysis of the projected impact of the retail store(s) on:

In no event shall any use be larger than 8,000 square feet.

For every 1,000 square feet or portion thereof greater than 3,000 square feet of additional building space, one second-floor apartment shall be provided. Any such apartment shall be reserved for a moderate-income family, as defined by the U.S. Department of Housing and Urban Development, and its occupancy shall be governed by the provisions of § 300-11.6B.

Where a site adjoins land zoned R-20, any special exception approval shall be conditioned on transitional yards of not less than 40 feet.

The outdoor dining shall be subject to prior issuance of a license therefor by the Board of Trustees;

The outdoor dining shall be limited to an area within the width of the building;

The outdoor dining shall not extend more than six feet into any sidewalk;

The outdoor dining shall provide an unobstructed sidewalk width of no less than 36 inches as measured between the outdoor seating and the edge of sidewalk or any physical obstruction;

The outdoor dining area may be required by the Planning Board to have nonpermanent barriers to delineate dining areas consisting of planters, stanchions, or similar structures.

Unless otherwise approved by the Planning Board, all tables and chairs used for outdoor dining shall be removed nightly on any public property and seasonally when not in active and continuous use on private property;

Any application hereunder shall be accompanied by a plan of the proposed outdoor dining area illustrating the proposed number of seats and the configuration and the width of the sidewalk available for pedestrian passage, including minimum distance between the outdoor dining area and any physical obstruction on the sidewalk or to the edge of sidewalk; and

All outdoor dining areas on public property shall be used for the service of food to seated patrons for the consumption of prepared foods from retail food stores and restaurants by seated patrons. Service of beverages shall be accessory to the service of food. Patrons shall not be permitted to use outdoor dining areas for the consumption of beverages only. Service of food or beverages on public property to persons that are standing is prohibited.

Adequate on-site land area for picking up and dropping off of students;

Adequate on-site recreational area;

Prohibition on boarding or residential use;

Compliance with requirements of Suffolk County Department of Health Services and the schedule of off-street parking spaces under this chapter;

Accreditation if required by the appropriate agencies of the State of New York;

Absence of outdoor speakers and audio systems;

Use of exterior lighting designs least intrusive of neighboring properties;

Maintenance of vegetated buffers in side and rear yards so as to maintain privacy of adjacent uses; and

Compliance with all applicable general special exception standards.

Any convenience store shall operate with limited hours that shall not be greater than the operation of the filling station for the sale of gasoline. In no event shall the convenience store operate as a separate nonaccessory or independent use unrelated to the filling station.

In no event shall a convenience store exceed 600 square feet of gross floor area for the display of goods for retail sale.

In all events, a convenience store shall be a typical mini mart, subordinate to the principal use as a filling station.

No convenience store shall be located within less than a fifty-foot front yard setback and side yards of not less than 30 feet; no convenience store shall exceed a height of 20 feet and one story and total lot coverage for all structures at any such site inclusive of a filling station, its accessory structures, the convenience store and any canopy shall not exceed lot coverage of 8% or, if the site includes an automobile repairs and service use in addition to the sale of gasoline and the operation of a convenience store, then the total lot coverage shall not exceed 15%.

The location of fuel tanks shall be approved by the Fire Marshal.

Any dumpster must be fully enclosed and its location approved by the Planning Board. Outdoor storage of tires is prohibited.

At least 35% of any site at which a convenience store and filling station is located shall be maintained with landscaping.

At least 10 feet along the front lot line shall be landscaped.

There shall be a planted buffer along the border with any parcel zoned or employed for residential purposes. The planted buffer shall be a minimum of 30 feet wide and shall contain evergreens which are at least six feet in height when planted and set approximately six feet apart. There shall also be a six-foot-high fence of type and design as set by the Planning Board during site plan review. However, if fencing is placed within 20 feet of any right-of-way, said fencing shall be four feet in height and said evergreens planted and maintained at four feet in height.

Any approval of a convenience store as a special exception use still requires an affirmative finding by the Planning Board that the addition of a convenience store at a filling station shall not result in traffic congestion; that there shall be adequate area on the site, separate from any area used by cars buying fuel, for the parking of automobiles and the delivery of goods, in no event less than one space per 100 square feet of the gross floor area of the convenience store; and that the convenience store would not be an intensification of any existing use of the premises as a filling station. For purposes of this subsection, an impermissible intensification would be a convenience store use which is not subordinate to the filling station use and/or which exceeds 600 square feet of gross floor area and/or which is not consistent in character with the filling station including the typical, subordinate uses of a filling station.

Driveways shall be offset a minimum of 25 feet from grading or point of intersection with any right-of-way and 25 feet from any adjoining property at the curbline.

There shall be a minimum of one driveway per front yard and a maximum of two driveways per front yard and no more than two driveways per street frontage. Any one-way driveway shall be 14 feet in width.

All lighting for the site must comply with §§ 300-9.9 and 300-14.4A(5).

All light fixtures shall be mounted at the lowest practical height, taking into account the area to be illuminated and the relationship between the mounting height and the number of fixtures required to illuminate that area. Light fixtures shall not be mounted at a height greater than 12 feet above natural grade unless a greater mounting height is required by the nature of the use or the size of the structure.

All exterior lighting and illumination shall be extinguished when the gasoline facilities are closed for operation.

The price/grade signs must at all times accurately reflect the actual price of automotive fuel and kerosene being offered for sale. Any sign is limited to the price of fuel, must be no larger than the minimum required by county or state law, and in no event may be internally illuminated.

Signs bearing the corporate insignia and/or brand name of the gasoline sold and/or type of services available on site (i.e., full-service and/or self-service) shall be the only signs permitted on the canopy.

Signs affixed to or incorporated into the canopy shall not face residentially zoned or developed properties.

One additional sign, measuring no larger than 24 inches by 24 inches or four square feet, and having a depth of no more than one inch, shall be allowed at each product dispenser, which identifies said product dispenser and/or pump island as providing full service and/or self-service.

Whether the proposed use and design is consistent with the goals, spirit and intent of § 300-15.1 of the Village Code (WFOD).

Whether the design, scale and appearance of the buildings on-site are compatible with each other and with the neighborhood, adjacent properties, and the WFOD, including a consideration of the materials used, roof pitch, variation in rooflines, facade, arrangement of windows and doors, and architectural style and details.

The applicant demonstrates a need for a building or building complex larger than 3,500 square feet; and

The size of the subject property can accommodate the proposed building and use.

Traffic:

Whether adequate parking is provided on-site and screened from adjacent residential properties by incorporating shade trees and landscape features into the design. A parking plan shall be provided and such plan shall be made as unobtrusive as possible by incorporating shade trees and landscape features in the design, while respecting transition yard and buffer requirements.

Whether buildings, site designs, and on-site activities are consistent with Chapter 167, Noise, of the Village Code and incorporate appropriate measures to ensure that site activities and operations do not generate noise that adversely affects adjacent residential uses and districts.

Whether the design includes transitional side and rear buffers to be installed and maintained by the nonresidential property owner along the property lines, including landscape plantings and a fence or berm.

Principal structures shall be set back 25 feet from any rear property line or a minimum of five feet from the required transition yards or buffers, whichever is greater. The Board of Trustees may but shall not be required to allow lesser setbacks when preexisting, nonconforming buildings are incorporated into the proposed special exception use, and the Board finds that the use of such building setbacks shall not cause adverse impacts due to the proposed special exception use.

The maximum height of structures in the WFOD shall be governed by Village Code § 300-15.3D.

Whenever practical, the primary structure on the lot shall have its main entrance facing the principal street on which it is located.

Signs shall meet the standards set forth in § 300-9.7 of the Village Code.

A waste management plan shall be required to ensure that the site is kept clean and free from litter, vermin and odors. The details of such plan shall be presented to and approved by the Planning Board during site plan review but must include, at a minimum, details regarding dumpster location, method and design of screening, and days and times of garbage pickup. Waste receptacles shall be designed to be sensitive to adjacent residential properties and waste receptacles recessed within principal buildings are encouraged.

Submission of a drainage plan and stormwater pollution plan, prepared by a New York State licensed engineer shall be submitted to determine whether the proposed development of the property will result in a negative impact to the waterfront, groundwater, or surface waters. Proposed plans shall comply with Chapter 232, Stormwater Management.

The general standards for a special exception use as enumerated in § 300-11.3 of Chapter 300, Zoning, of the Sag Harbor Village Code.

The State Environmental Quality Review Act (SEQRA).

The Local Waterfront Revitalization Plan (LWRP) of the Village of Sag Harbor.

The requirements of Chapter 275 ,Water Consistency Review, of the Sag Harbor Village Code.

The requirements of Chapter 278, Waterways, of the Sag Harbor Village Code.