Walden City Zoning Code
ARTICLE IX
Board of Appeals
§ 305-49 Organization and general procedure.
A.
There shall be a Board of Appeals. Said Board shall consist of five members. The method of appointment, terms of office and tenure of its members shall be as prescribed by law.
B.
The Board shall have all the powers and duties prescribed by law and by this chapter.
C.
The Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
D.
All meetings of the Board of Appeals shall be open to the public. A quorum shall consist of three members.
E.
Every decision by the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case.
F.
Each member of the Board of Appeals shall complete, at a minimum, four hours of training each year in accordance with the requirements of § 7-712 of Village Law.
[Amended 3-8-2011 by L.L. No. 4-2011]
§ 305-50 Application and public hearing procedures of Board of Appeals.
[Amended 10-16-1975 by L.L. No. 5-1975; 5-28-1985 by L.L. No. 6-1985; 4-22-1986 by L.L. No. 5-1986; 5-28-1996 by L.L. No. 3-1996]
A.
Applications for any action by the Board of Appeals shall be submitted in the form required by the Board and filed in the municipal office.
B.
The Board shall fix a time and a place for a public hearing thereon and shall provide for the giving of notice at least five days prior to the date thereof as follows:
(1)
By publishing a notice in a paper of general circulation in the Village.
(2)
By requiring the applicant to give notice of the substance of every appeal for a variance, together with notice of the hearing thereof, by causing notices to be mailed at least 15 days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area and all other owners within 300 feet, or such additional distance as the Board of Appeals may deem advisable, from the exterior boundaries of the land involving such appeal, as the name of said owners appear in the last completed assessment roll. Such notice shall be prepared, addressed and mailed by first-class mail by the Board Secretary or other employee or officer of the Village who shall complete and file an affidavit of mailing with the Board certifying the date of the mailing and the address to which the notice was sent. All costs associated with the mailing shall be set forth in the Village Fee Schedule, as may be amended from time to time, and shall be borne by the applicant.
[Amended 1-15-2019 by L.L. No. 1-2019]
(3)
When the property involved in any public hearing is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Board shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[Amended 3-8-2011 by L.L. No. 4-2011]
(4)
If the land involved in any appeal is within 500 feet of the boundary of any existing or proposed county or state park or any other recreation area; the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or the boundary of a farm operation located in an agricultural district, except where the appeal is for an area variance, notice of the public hearing and a description of the applicant's proposal shall be mailed to the Orange County Planning Department in accordance with § 239-m of the General Municipal Law.
(5)
The Board shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(6)
A motion for the Board to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting on good faith and reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
C.
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal.
D.
A record shall be established of all variances granted pursuant to action of the Board of Appeals under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by applicant's name. Said files shall be available for public inspection.
E.
The Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and official actions, all of which shall be filed in the Clerk's office and shall be a public record.
F.
Building permits authorized by the Board of Appeals' actions on variance cases shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Board of Appeals where good cause is shown.
G.
The fees for applications to the Board of Appeals for all variances shall be determined by the Board of Trustees.
§ 305-51 Appeals on interpretation of chapter and Zoning Map.
The Board of Appeals shall, upon appeal, hear and decide:
A.
Any matter where the applicant alleges that the Building Inspector was in error in refusing to issue a building permit or certificate of occupancy as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
C.
Any matter which the Building Inspector appeals on the grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the Zoning Map.
§ 305-52 Special exception uses.
[Amended 8-10-1976 by L.L. No. 3-1976[1]]
Pursuant to Village Law § 7-725-b, Subdivision 2, the Planning Board shall have original jurisdiction and power to grant a permit for a special exception use on a particular site wherever it is expressly provided in this chapter that the special exception may be granted upon application to the Planning Board without a finding of practical difficulties or unnecessary hardship but subject to the general provisions of this chapter and more specifically to the guiding principles, general standards and the special conditions and safeguards contained in this section.
A.
Guiding principles.
(1)
Such use shall be one which is specifically authorized as a special exception use in the district within which the subject site is located.
(2)
Every decision by the Planning Board granting a permit for a special exception use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter, punishable under provisions of § 305-65.
(3)
A special exception use for which a permit is granted by the Planning Board pursuant to the provisions of this section shall be construed to be a conforming use.
B.
General standards. For every such special exception use, the Planning Board shall determine the following:
(1)
That such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 305-1.
(2)
That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(3)
That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
(4)
That the site is particularly suitable for the location of such use in the community.
(5)
That the characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
(6)
That the proposed use, particularly in the case of nonnuisance industry, does conform to the chapter definition of the special exception use where such a definition exists or with the generally accepted definition of such use where it does not exist in the chapter.
(7)
That access facilities are adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
(8)
That there are off-street parking and truck loading spaces at least in the number required by the provisions of Article VI, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9)
That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
(10)
That adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
C.
Special conditions and safeguards for certain special exception uses. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section unless the Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection B, the proposed special exception use also meets the special conditions and safeguards required in this section:
(3)
Arena, assembly hall.
(a)
No building or structure shall be built within 50 feet of any property line.
(b)
Lot coverage shall not exceed 20%.
(c)
The site boundaries shall be at least 200 feet distant along any bounding street from any residence district boundary line.
(d)
In the B-4 District, the site shall have a minimum area of five acres and a minimum frontage of 400 feet along the principal bounding road.
(5)
Building contractor storage and/or equipment yard.
(a)
The entire activity shall be contained within a six-foot fence.
(b)
There shall be no outdoor storage of waste materials or other debris resulting from construction projects or from servicing of equipment.
(c)
The site shall be kept in such a condition as not to attract or harbor pests, rodents or other vermin.
(8)
Temporary circus quarters.
[Added 4-13-1993 by L.L. No. 1-1993]
(a)
No building or structure shall be built within 50 feet of any property line.
(b)
No building or structure shall exceed the height of 60 feet.
(c)
All vehicles and trailers associated with the operation of the circus shall be parked or stored on site according to an approved site plan.
(d)
There shall be adequate provision for disposal of garbage, trash and refuse generated on the premises.
(e)
Disposal of animal wastes shall be provided for on a regular basis so as to prevent any nuisance of sanitary problems.
(f)
No animals shall be allowed to roam loose upon the premises. Animal shelter facilities shall be located at least 100 feet from any property line.
(g)
The hours of training and rehearsal operations shall be determined by the Planning Board so as to adequately protect adjacent properties from excessive noise.
(h)
All utility systems, including water supply, sewage disposal, electrical and fire protection, shall comply with all state and local requirements.
(i)
Entrance and exit driveways shall be designed in a manner to facilitate ingress and egress from the site and to avoid congestion on access roads.
(j)
Submittal of a site plan in conformance with § 305-60 of this chapter shall accompany the application for a special exception use permit. Review and approval of said site plan shall be required.
(k)
Any special exception use permit issued hereunder shall be valid as long as the permittee owns the premises and maintains its status as a not-for-profit circus organization. In the event that the permittee, through corporate reorganization, merger or otherwise, ceases to exist as an entity, the successor entity shall be entitled to the benefits of the permit as long as such successor entity maintains the status as a not-for-profit circus organization.
[Amended 8-8-1995 by L.L. No. 4-1995]
(9)
Commercial public recreation uses not otherwise permitted.
(10)
Day-care centers.
[Added 10-22-1996 by L.L. No. 4-1996]
(a)
A buffer landscape strip shall be required by the Planning Board in order to protect play yards from dust, dirt and noise as well as to screen and protect adjacent properties from any site-generated noise. The landscaped strip shall be densely planted in shrubs or trees to create an opaque screen. No plantings shall cause an interference with required lines of sight for entry and exit drives.
(b)
Outdoor play areas shall be provided with a minimum space of 40 square feet per design child. Play areas shall include turf grass areas and space for play equipment and circulation. Play areas shall not exceed 10% in slope.
(c)
Fencing not less than four feet high shall be required in addition to a buffer strip, unless it can be demonstrated to the satisfaction of the Planning Board not to be necessary for the protection of health and safety. Only a day-care center which is on a local road may apply for the waiver.
(d)
Outdoor floodlighting or public-address systems shall be prohibited.
(e)
Wherever site conditions permit, the Planning Board shall require facilities to provide off-street passenger discharge areas or other suitable accommodations to ensure safety and to allow for the free flow of traffic.
(11)
Eating establishment: drive-in, open-front or curb service.
(a)
Vehicular entrances and exits shall be controlled by curbing.
(b)
There shall be adequate off-street parking and loading space to serve the proposed use.
(c)
There shall be adequate provision for disposal of trash and refuse left on the premises.
(d)
There shall be either a suitable fence or landscape planting screen along side and rear lot lines.
(12)
Gas station.
[Amended 2-14-2006 by L.L. No. 2-2006]
(a)
The lot area shall be not less than 20,000 square feet and have a minimum frontage along the principal roadway of at least 150 feet.
(b)
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(c)
All pumps, lubrication and other devices shall be located at least 25 feet from any building, structure or street line.
(d)
Entrance or exit driveways shall be located at least five feet from any side or rear property lines. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
(e)
The area devoted to the outdoor storage of motor vehicles or parts thereof for purposes of dismantling will be screened from view of persons on adjacent streets by enclosing such areas with an opaque fence eight feet high or locating them inside a building. Not more than five motor vehicles shall be stored outdoors overnight.
(f)
Outdoor storage and display of accessories or portable signs are permitted, located at least 25 feet from the street line, and outdoor repair work shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
(13)
Fuel storage (in the I-2 District only).
[Amended 2-14-2006 by L.L. No. 2-2006]
(a)
Fuel storage tanks shall be set back from all lot lines at least 75 feet.
(b)
Fuel storage facilities shall be so screened that adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
(c)
The site shall provide adequate off-street parking for all employees and loading spaces for all trucks which may be involved with the facility.
(d)
The height of a fuel storage tank may be increased to 50 feet above the average ground elevation at its base where it is determined that the terrain between the tank and the lot line is more than 15 feet above the average ground elevation at the tank's base for at least 3/4 of the tank's surroundings.
(14)
Golf course, country club on site of not less than 50 acres. See Subsection C(9), Commercial public recreation uses, etc., for additional conditions.
(16)
Hospital, sanatorium, nursing home, rest home.
(a)
The lot area for hospitals or sanatoriums shall be not less than five acres and have a minimum frontage of 400 feet along the principal bounding roadway. The lot area for nursing homes or rest homes shall be not less than three acres.
(b)
All buildings and structures shall be at least 50 feet from any property line.
(c)
Lot coverage shall not exceed 20%.
(18)
Junkyard: not applicable.
(19)
Licensed mobile home court. The lot area shall be not less than five acres, and a proposed site development plan for the entire site, prepared by a licensed professional engineer, shall be submitted for approval. The initial development shall cover at least two acres and subsequent additions shall be not less than one acre each. The site development plan shall reflect the following minimum standards and features:
(a)
A street system with paved roadways a minimum of 20 feet wide, with curbs or gutters, giving access to all mobile home spaces; and at least two access drives to and from the public street.
(b)
Established mobile home spaces of not less than 2,000 square feet and with a minimum width of not less than 30 feet; provided, however, that the average width of all spaces shall not be less than 40 feet.
(d)
All mobile homes and accessory structures shall be at least 30 feet apart.
(f)
On-site stormwater drainage system, including provisions for well-drained mobile home spaces, interior private streets and other public areas, as well as consideration for natural watercourses.
(g)
Sewage disposal and water supply systems approved by the New York State Department of Health.
(h)
A fire protection system in accordance with standards of the National Fire Protection Association recommendations and as required and approved by local fire district officials.
(i)
A complete electrical system in conformance with municipal electrical code provisions, including outdoor lighting along all interior streets, entrances and exits and in public open spaces, with at least one sixty-watt bulb for each 50 feet of street length and an equivalent level of lighting over public open spaces.
(j)
Garbage and trash collection points so located that no mobile home is more than 150 feet from such a point, equipped with an adequate number of metal garbage cans with tight-fitting covers and appropriately screened from view.
(k)
Centrally located public telephone, separate emergency sanitary facilities for men and for women and emergency public water supply.
(l)
The location of other desired community facilities.
(m)
An equipped recreation facility with an area equivalent to the proportion of one acre per 100 mobile home spaces in the court, but not less than 1/2 acre in any case.
(n)
A walkway system of paved or stabilized gravel all-weather paths along interior streets and leading to public open spaces.
(22)
Nursery school.
(a)
The lot shall have an area of two acres or more.
(b)
There shall be no more than one child for every 2,000 square feet of site area.
(c)
All buildings, structures and areas of organized activity, such as baseball diamonds, basketball courts, riding areas, swimming pools, etc., shall be at least 35 feet from any property line; said structures or areas shall not be in the front yard area.
(d)
Off-street parking areas shall be at least 25 feet from any property line.
(e)
Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the district in which the lot is located.
(f)
Outdoor floodlighting or public-address systems shall be prohibited.
(g)
Only one sign, not larger than 12 square feet in area, shall be permitted.
(23)
Philanthropic, fraternal or social organization office or meeting room. See Subsection C(7), Church, etc.
(24)
Planned residential development. No authorization for a building permit shall be granted by the Planning Board unless the Board shall specifically find that the proposed special exception use is in keeping with the intent of this provision to provide flexible planning for residential development and to promote the Comprehensive Plan while meeting the following special conditions:
(a)
That an overall development plan shall be presented showing the use or uses proposed, including dimensions indicating the areas set aside for each use, and the locations of all structures, parking spaces and rights-of-way or driveways, and the provision for community sewer and water service.
(b)
That the gross density in terms of dwelling units per acre over the entire development shall not exceed the number of units permitted under the zone district regulation in effect as determined by multiplying the acreage of each zone district in the site by the following density factors: R-2, 2.4 dwellings per acre; R-3, 2.9 dwellings per acre; and R-4, 4.4 dwellings per acre, rounded to the nearest whole number.
(c)
That the density of the area actually set aside for housing shall not exceed 28 dwelling units per acre.
(d)
That the area set aside as open space or common land shall not be less than one acre.
(e)
That the resultant open space or common land shall be compatible with the municipal Comprehensive Plan, particularly with respect to such use.
(f)
That such open space or common land shall only be owned and operated by a nonprofit corporation for recreational purposes, including natural parkland, or offered for dedication to the municipality for the same uses, but, in the case of a nonprofit corporation, a preestablished offer of dedication shall be filed with the municipality for acceptance if the nonprofit corporation were ever discontinued or failed in providing the recreational use.
(g)
That the proposed planned residential development shall comply with all the applicable requirements of the municipality with respect to land development.
(h)
Senior citizen housing developments shall comply with the following additional regulations which amend or supersede the dimensional regulations of the district where the senior citizen housing developments are located:
[Added 9-14-1999 by L.L. No. 4-1999]
(i)
Application for a senior citizen housing development under this subsection shall be made to the Planning Board, and, in considering this application, the Board shall consider the application of the applicable standards as provided in this chapter. However, the granting of a special permit shall not relieve the applicant from obtaining site plan approval from the Planning Board through the submission of a site plan, complying with all other detailed plans, specifications and data as may be required by the Planning Board of the Village of Walden and the standards of this chapter.
[Added 9-14-1999 by L.L. No. 4-1999]
(j)
Senior citizen housing developments may contain one or more of the following ancillary facilities, provided that they are determined by the Planning Board to be ancillary and not primary uses:
[Added 9-14-1999 by L.L. No. 4-1999[5]]
[1]
Cafeteria.
[2]
Self-service laundry.
[3]
Game room/recreation room.
[4]
Exercise or multipurpose room/sauna/spa/whirlpool.
[5]
Workshop.
[6]
Library.
[7]
Office facility for operation of the facility.
[8]
First-aid clinic.
[9]
Twenty-four-hour security.
[10]
Caretaker's dwelling (not included in total unit count).
[11]
Elevators in all buildings.
[Added 8-18-2020 by L.L. No. 3-2020]
[12]
Community room/social hall.
[Added 8-18-2020 by L.L. No. 3-2020]
[13]
Pedestrian connection to downtown.
[Added 8-18-2020 by L.L. No. 3-2020]
[14]
Landscape buffers from adjacent properties.
[Added 8-18-2020 by L.L. No. 3-2020]
[15]
Garages for at least half of the units.
[Added 8-18-2020 by L.L. No. 3-2020]
[16]
On-site walking paths, trails and/or gardens.
[Added 8-18-2020 by L.L. No. 3-2020]
(k)
The gross density in terms of dwelling units per acre over the entire development shall not exceed the number of units permitted under the zone district regulation in effect as determined by multiplying the acreage of each zone district in the site by the following density factors: R-2, three dwellings per acre; R-3, four dwellings per acre; R-4, five dwellings per acre; RM-2, six dwellings per acre, rounded to the nearest whole number. In addition to the foregoing, the Planning Board may, in its discretion, extend an additional one-unit-per-acre credit to a development which includes one of the ancillary facilities set forth in § 305-52C(24)(j)[1] through [16]; an additional two-units-per-acre credit to a development which includes two of the ancillary facilities set forth in § 305-52C(24)(j)[1] through [16]; an additional three-units-per-acre credit to a development which includes three to four of the ancillary facilities set forth in § 305-52C(24)(j)[1] through [16]; an additional four-units-per-acre credit to a development which includes five to six of the ancillary facilities set forth in § 305-52C(24)(j)[1] through [16]; an additional five-units-per-acre credit to a development which includes seven to eight of the ancillary facilities set forth in § 305-52C(24)(j)[1] through [16]; an additional six-units-per-acre credit to a development which includes nine to 10 of the ancillary facilities set forth in § 305-52C(24)(j)[1] through [16]; and an additional seven-units-per-acre credit to a development which includes more than 10 of the ancillary facilities set forth in § 305-52C(24)(j)[1] through [16].
[Amended 8-18-2020 by L.L. No. 3-2020]
(25)
Public library, museum, community center; fire station, municipal office or other governmental building of similar character. See Subsection C(7), Church, etc.
(26)
Public utility structure or right-of-way necessary to serve areas within the Montgomery community, excluding business office, repair or storage of equipment.
(28)
Public passenger transportation station or terminal.
(a)
All loading or unloading locations for public transportation vehicles shall be off the street.
(29)
Quarry: mining, loading, hauling and/or processing of sand, gravel, shale or topsoil.
(a)
The proposal shall have a particular time limit for completion of either the entire operation or each stage of the entire operation.
(b)
The proposal shall include a specific method for rehabilitating the site or portions of the site related to each stage of the operation.
(c)
The proposal shall indicate how adjacent properties and the public will be protected from the hazards of the operation, both in terms of on-site activity and off-site traffic generated by that activity.
(d)
Material shall not be removed below the grade of the nearest public street unless adequate arrangements are made to ensure rehabilitation.
(30)
Repair garage. See Subsection C(12), Gas station, items (a) through (e).
(a)
Outdoor storage and display of accessories or portable signs are permitted, located at least 25 feet from the street line, and outdoor repair work shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m. Premises shall not be used for the sale, rent or display of trailers, mobile homes or other vehicles, but may be used for the sale, rent or display of automobiles or boats, but not to exceed a total of five.
(31)
Roadside markets for the sale of farm products produced on the premises.
(a)
The roadside market shall be so located as to provide adequate sight distance along the access roadway to permit customers reasonable time to turn into the site.
(b)
There shall be adequate off-street parking of sufficient depth so that the entrance areas shall not be blocked.
(c)
Entrance areas shall be so graded and stabilized as to assure convenient access to the site.
(d)
Outdoor floodlighting shall be prohibited.
(e)
Only one sign, not larger than 12 square feet in area, shall be permitted.
(32)
School, elementary or high, public, denominational or private, having a curriculum the same as ordinarily given in public schools. See Subsection C(7), Church, etc.
(33)
Self-service storage facilities.
[Added 7-28-1998 by L.L. No. 4-1998]
(a)
Site and design requirements:
[1]
Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the access road. Internal site circulation lanes shall be adequate in dimensional cross section, width and turning radii, where applicable, to provide for the maneuverability of fire trucks. Aisle width shall be a minimum of 23 feet for either one- or two-way traffic flows.
[2]
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire or razor wire fence components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control, subject to Architectural Review Board approval of the exterior finish of the same and other elements in Subsection C(33)(a)[3]. Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection C(33)(a)[8].
[3]
Aesthetics, screening, landscaping and lighting. Care shall be taken to provide an aesthetically pleasing, well landscaped and maintained facility and to avoid a monotonous or fortress-like appearance to the extent that the facility may be visible off site. Required yards shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and as approved by the Planning Board. The color, material and design of structures, including their roof pitch, and signs shall be reviewed by the Architectural Review Board as to their conformity with surrounding structures and community character to the degree said structures are visible to other properties. Security lighting shall be provided on the site but in no case shall lighting be directed so as to cause a nuisance or hazard to other properties.
[5]
Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, toxic, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site by lessees of storage units. The owners or operators of the site may conduct public or private sales on the site solely for the purposes of enforcing liens pursuant to § 182 of the Lien Law of the State of New York no more than three times per calendar year. Parking spaces required pursuant to Subsection C(33)(c) may not be rented as, nor used for, vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection C(33)(c) of this section may be provided for the unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft.
[6]
Limits on unit size. The maximum size of a storage unit permitted in a self-service storage facility is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single self-service storage facility.
[7]
Drainage. Adequate drainage control measures shall be provided on the site so as to avoid increasing the existing rates of flow off the site. Provision shall be made for protecting the quality of the surface water runoff from the site both during the operation of the site as well as during its construction.
[8]
Signs. The provisions of § 305-38 shall not apply to this use but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. The Planning Board may, in its discretion, permit an additional identification sign or lettering to be affixed to the front facade of the accessory office building. Such sign or lettering may not exceed 36 square feet in size. In no case shall any signage or other attention-getting devices be mounted to the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.
(b)
Accessory uses. A leasing office for the purpose of leasing the units within the self-service storage facility may be provided on the site. A manager's apartment may be provided for the use of a resident on-site manager in addition to an accessory leasing office. The combined total size of the manager's apartment and the leasing office may not exceed 1,200 square feet.
(c)
Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to that required for the remainder of the facility.
(d)
Separation requirements. In order to avoid an excessive concentration of such facilities in the Village of Walden, self-service storage facilities must be separated from the bounds of a lot containing any other existing such facility or approved site for such a facility within the Village of Walden by 1,500 feet.
(34)
A senior group residence may be located in any district subject to the following:
[Added 5-28-1985 by L.L. No. 6-1985]
(a)
A special exception permit for a senior group residence is valid for one year only and must be renewed annually on or before the expiration date stated on the permit.
(b)
A senior group residence must be owner-occupied.
(c)
The minimum age of a resident guest of a senior group residence shall be 60 years.
(d)
A resident guest must not require continuing medical supervision nor skilled nursing care as provided by facilities licensed pursuant to Article 28 of the Public Health Law or Article 23 or 31 of the Mental Hygiene Law.[6]
[6]
Editor's Note: Article 23 of the Mental Hygiene Law was repealed by L. 1978, c. 466, § 17.
(e)
A resident guest must be mentally competent and not be a ward of any governmental agency.
(f)
Services that may be provided in a senior group residence include room and board, housekeeping services, personal care services, supervision of attendants and such other nonmedical services as are necessary to assure health, safety and well-being and to sustain daily living.
(g)
Dwellings used as a senior group residence must meet all electrical and building code requirements.
(h)
A senior group residence shall contain a maximum of two resident guests per bedroom with separate beds and dressers for each resident guest.
(i)
There shall be a minimum of two feet of closet space per each resident guest bed in a senior group residence.
(j)
There shall be a minimum of one full bath with hold bars, for every five residents, including the proprietor of the senior group residence.
(k)
Every senior group residence shall contain a modern central heating system.
(l)
Kitchen and dining facilities must be adequate for all resident guests at one sitting.
(m)
The senior group residence must contain a common lounge area adequate for all resident guests.
(o)
Twenty square feet of outdoor recreation area shall be provided for each bed.
(p)
The dwelling and premises must be maintained in a neat and orderly manner at all times.
(q)
(r)
Inspections. The Building Inspector of the Village of Walden, or his designated representative, is authorized to make, or cause to be made, inspections to determine the condition of any dwelling lawfully or unlawfully used as a senior group residence to safeguard the health, safety, morals and welfare of the public. The Building Inspector or his designated representative is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit, rooming house, rooming unit or premises being lawfully or unlawfully used as a senior group residence at any reasonable time during daylight hours, or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this subsection.
(35)
Senior citizen development (B-3 District).
[Added 4-1-1997 by L.L. No. 2-1997]
(a)
The minimum floor space per dwelling unit must meet or exceed 500 square feet.
(b)
The location of the senior citizen development supports and is consistent with downtown revitalization.
(c)
The senior citizen development is adequately served by convenient off-street parking.
(d)
The senior citizen development is in harmony with and complements the other uses in the downtown area.
(36)
Temporary sand and gravel removal operations may be located in any district.
(37)
Theater or motion-picture theater, other than an outdoor drive-in theater. See Subsection C(3), Arena, assembly hall.
(39)
Wearing apparel or accessories manufacture.
(40)
Attached single-family dwellings. Group housing consisting of a series of attached one-family dwelling units, each unit located on its own individual lot, shall be permitted, provided that:
(a)
The site proposed for the group houses shall contain at least five acres.
(b)
No group shall be longer than 140 feet, but overall average minimum shall be 120 feet. Minimum average distance between any two groups shall be 30 feet.
(d)
In each group, one dwelling unit may be built to a building height of three stories, but building height is otherwise limited as hereafter provided.
(e)
The following lot and building standards shall apply to each one-family dwelling unit:
Minimum required | |||
Lot area (square feet) | 2,500 | ||
Lot width (feet) | 20 | ||
Lot depth (feet) | 100 | ||
Front yard depth (feet) | 40 | ||
Rear yard depth (feet) | 25 | ||
Livable floor area per dwelling unit (square feet) | 1,200 | ||
Off-street parking spaces per dwelling unit | 2 | ||
Maximum permitted | |||
Dwelling units per acre | 11 | ||
Building height (stories) | 2 1/2 | ||
Building height (feet) | 25 | ||
Percentage of individual lot coverage by building | 40% | ||
(41)
Mixed use development. Development within the MX Mixed Use District should advance the objectives of allowing for optimal development and redevelopment of land in the vicinity of Railroad Avenue consistent with the design principles of traditional mixed use neighborhoods. The MX District allows for flexibility in design in order to encourage creative development and redevelopment opportunities within the MX District that will stimulate reinvestment and strengthen the social and economic vitality of the neighborhood. Before site plan approval shall be granted by the Planning Board, the Board shall specifically find that the proposed special exception use is in keeping with the following objectives:
[Added 5-25-1993 by L.L. No. 3-1993; amended 2-14-2006 by L.L. No. 2-2006]
(b)
The proposed development shall include a mix of uses, including non-first-floor residential, commercial, civic and open space uses in close proximity to one another within the neighborhood.
(c)
Mixed use buildings must be two stories in height and are permitted to have a zero setback from the front and side yards. A floor area ratio of 1.5 shall be permitted and may be increased through a density bonus to a maximum floor area ratio of 2.0.
(d)
Results in interconnected streets with sidewalks and transit that offer multiple routes for motorists, pedestrians and bicyclists, and provides connections of those streets and pedestrian walkways to existing and future developments.
(e)
Retains existing buildings with historical or architectural features that enhance the visual character of such buildings.
(f)
Adequate off-street parking shall be provided and shall be designed in such a manner as to reflect the needs of proposed uses in the development. The number and distribution of off-street parking spaces shall ensure that each proposed use has adequate parking.
(g)
Sufficient off-street loading and garbage storage areas shall be provided and shall be located in such a manner as to minimize the visual, noise and odor impacts to adjacent residential uses.
(h)
All parking lots, plazas and paved areas intended for use by pedestrians shall incorporate decorative pavements and plant materials so as to prevent the creation of expanses of pavement.
(i)
The drainage system and the internal water and sewer systems shall be adequate, all connections to Village systems shall be in accordance with Village standards and sufficient capacity shall exist to permit connection to the Village systems.
(j)
Supplemental plan submittal requirements.
[1]
A conceptual site plan, at a scale of one inch equals 100 feet, which indicates topography in two-foot contours. The plan shall include outlines of existing buildings within 100 feet of the site, the location of streets, driveways, sidewalks, parking areas, pedestrian and bicycle paths, off-street loading areas and the location of existing vegetation to remain on the site after development.
[2]
Architectural drawings, including a building elevation that is prepared by an architect that is drawn to scale. Such drawings shall include the dimensions of building height and width, facade treatment, building materials and roof style. Applicant should also provide conceptual drawings or computer simulations that will show the proposed building in the context of existing structures within the Railroad Place Design District. Applicant shall demonstrate to the Planning Board that the proposed structure is in keeping with the character of the neighborhood and not out of scale with surrounding structures.[12]
§ 305-53 Wireless communications facilities.
[Added 5-11-1999 by L.L. No. 2-1999]
A.
Legislative purpose. The purpose of this section is as follows:
(1)
To establish clear standards for the siting of wireless communications facilities, buildings and structures, equipment, communications towers, antenna towers and monopoles.
(2)
To promote the health, safety and general welfare of the residents of Walden through the establishment of minimum standards to reduce the adverse visual effects of communications facilities, including but not limited to transmission towers and antennas, through the use of advanced technology, careful design, siting and screening and buffering.
(3)
To protect residential areas and land uses and property values from potential adverse impacts of towers and antennas.
(4)
To encourage the location of communications facilities and communications towers in areas suitably screened, buffered and adequately separated from residential uses.
(5)
To minimize the total number of communications facilities and communications towers throughout the community.
(6)
To encourage the joint use of new and existing communications tower sites as a primary option rather than construction of additional single-use communications towers, while recognizing that co-location on higher towers is not always preferable to two less visible, less obtrusive shorter towers, thereby maximizing the use of existing communications towers or alternative antenna host sites, while not unreasonably limiting competition among communications providers or unreasonably limiting reception of receive-only antennas.
(7)
To require users of communications towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is shown to be minimal.
(8)
To require users of communications towers and antennas to configure them in a way that minimizes adverse visual, aesthetic and community character intrusion impacts caused by the installation and view of communications towers and antennas, through careful design, siting, landscape screening and buffering, sufficient setbacks to reduce visual impacts to adjacent properties and innovative camouflaging techniques, such as alternative tower structures, thereby protecting the physical appearance of the community and preserving its scenic and natural beauty.
(9)
To avoid potential damage to adjacent properties from communications towers through careful engineering and appropriate siting of communications towers.
(10)
To enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently by facilitating the siting of personal wireless communications facilities.
B. ADEQUATE COVERAGE ALTERNATIVE TOWER STRUCTURE ANTENNA CO-LOCATION MAJOR WIRELESS COMMUNICATIONS FACILITY MINOR WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS SERVICES WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Coverage is considered to be adequate within the service area of the Village of Walden if the minimum standards set forth by the Federal Communications Commission to permit the applicant to operate a personal wireless communications services within the area are met.
Water towers, man-made trees, clock towers, steeples, lightpoles and similar alternative designs, including structures that camouflage or conceal the presence of antennas or towers.
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications.
The siting and/or mounting of multiple communications facilities used by the same provider, or by two or more competing providers, on the same property and/or antenna support structure or communications tower.
Any wireless communications facility that is not a minor wireless communications facility. A major wireless communications facility includes all related and appurtenant buildings, structures and equipment, including a communications tower.
Any wireless communications facility situated on or in an existing building or other structure where such equipment consists of a combination of antennas or other receiving device necessary in number to facilitate the provision of wireless communications services from such location, provided that such minor installation is comprised of antennas or transmitting or receiving devices which are no more than six feet in height, including supports, and which are mounted on supports affixed to an existing structure; and operates with all significant equipment accessory thereto (other than the antennas and transmitting or receiving devices, supports and connecting cables) installed in interior space appurtenant to such existing structure.
Any site containing equipment used in connection with the commercial operation of wireless communications services, as defined herein, and as the term "personal wireless services facility" 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, equipment, appurtenances and structures.
The provision of personal wireless communications services, including, but not limited to, those more commonly referred to as "cellular telephone service," which services are regulated by the Federal Communications Commission in accordance with 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.
Any freestanding structure, including a lattice structure or framework and freestanding self-supported vertical pole (commonly known as a "monopole"), on which any equipment is located in connection with the provision of wireless communications services.
C.
Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law) and its implementing regulations. An application for approval of a wireless communications facility proposed to be located in a residential zoning district shall constitute a Type 1 action, except where the facility is permitted as a special exception use as provided in Subsection E(1)(a) and (b).
D.
Restrictions on use. No wireless communications facility, except one approved by all authorities having jurisdiction prior to the effective date of this section, shall be used, located, constructed or maintained on any lot, structure or land area unless in conformity with this section. No wireless communications facility may hereafter be erected, moved, reconstructed, changed or altered unless in conformity with this section. No existing structure shall be modified to serve as a wireless communications facility unless in conformity with these regulations.
(1)
All wireless communications facilities shall at all times be in conformance with the rules and regulations of any governmental entity having jurisdiction over such communications facilities and uses, antennas and/or supporting structures and towers, including, without limitation, the FCC and FAA.
(2)
A wireless communications facility shall be operated and maintained by an FCC licensee only.
(3)
The applicant of a wireless communications facility shall show that the facility is necessary to provide adequate coverage to an area of the Village which at that time is proven to have inadequate coverage and shall show that any proposed communications tower or antenna is the minimum height and aesthetic intrusion necessary to provide adequate coverage. The applicant seeking to locate a wireless communications facility in the Village shall demonstrate the need for a new or additional antenna or tower.
(4)
If a wireless communications facility is proposed for placement on a lot that is within or abuts a residential zoning district, the applicant shall prove that adequate coverage cannot be achieved by placing a facility on a lot which is not within or does not abut a residential zoning district.
(5)
All wireless communications facilities shall be constructed and maintained in conformance with all building, electrical, fire prevention and other applicable codes.
E.
Major wireless communications facilities.
(1)
Approved zoning districts or other locations.
(a)
Major wireless communications facilities, including an alternative tower structure or existing tower, but excluding a new tower, are permitted as a special exception use in all zoning districts.
(b)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use on Village water tank(s), subject to an agreement with the Board of Trustees.
(c)
If the application demonstrates that there is no site as provided in Subsection E(1)(a) and (b) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the OLI Zoning District.[1]
(d)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b) or (c) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the I-2 Zoning District.
(e)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c) or (d) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the B-1 Zoning District.
(f)
If the applicant demonstrates that there is no site as provided in Subsections E(1)(a), (b), (c), (d) or (e) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the R-3 Zoning District located at the southern boundary of the Village.
(g)
If the applicant demonstrates that there is no site as provided in Subsection E(1)(a), (b), (c), (d), (e) or (f) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in the R-3 Zoning District located at the northern boundary of the Village.
(h)
If the applicant demonstrates that there is no site as provided in Subsections E(1)(a), (b), (c), (d), (e), (f) or (g) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special exception use in any other location.
(2)
Conditions precedent to granting site plan or conditional use approval.
(a)
Service coverage map and report. The applicant shall submit a service coverage map which shows and describes all existing and proposed areas of service coverage relating to the proposed communications facility. The service coverage map shall show the location and identify all existing sites in the Village and in bordering municipalities which contain communications towers or related facilities. A detailed report shall accompany the service coverage map and shall show why the proposed communications tower, equipment and facility are necessary. The report shall identify locations within the proposed project site service coverage area which are not, and could not be, served by existing facilities, co-location, utilization of alternative technology or an alternative tower or other structure.
(b)
Long-range communications facilities plan. The applicant shall submit a facilities plan which shows that the proposed location of the communications facility and related buildings and equipment have been planned to result in the fewest number of communications transmission tower sites within the Village. The plan shall indicate how the applicant intends to provide service throughout the Village and how the applicant plans to coordinate with all other providers of wireless communications services in the Village. The plan shall address the applicant's planned and possible location of additional tower sites, additional antennas, related or other service area coverage and alternative long-range plan scenarios that illustrate the potential effects of multiple towers and of tower(s) height(s), community intrusion impacts and visual and aesthetic impacts.
(c)
Community impacts. The applicant shall submit documentation which demonstrates that the proposed communications tower height and bulk is the minimum height and bulk necessary to provide licensed communications services to locations within the Village which the applicant is not able to serve with existing facilities. Such documentation shall include evidence that visual, aesthetic and community character impacts have been minimized to the greatest extent practicable.
(d)
Demonstration that shared use is impracticable. A conditional use permit may be authorized for a major wireless communications facility only if the applicant demonstrates that shared use of existing structures or sites is impractical. An applicant shall be required to present a report inventorying all existing structures within 1/2 mile of the proposed site which are at an elevation suitable as potential sites. The report shall describe opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate that the applicant used its best efforts to secure permission for shared use from the owner of each existing facility, as well as documentation of the physical, technical and/or financial reasons why shared usage is not feasible or practical in each case. The applicant's written responses shall be provided.
(e)
Commitment for future shared use. New wireless communications towers shall be designed to accommodate future shared demand for reception and transmitting facilities. The applicant shall submit to the Board of Trustees an irrevocable letter of intent committing the owner of the proposed new tower and its successors-in-interest to permit future shared use of the proposed tower by other telecommunications providers. This letter shall also be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the conditional use permit following a hearing and opportunity to be heard. The letter shall commit the new tower owner and its successors-in-interest to the following:
[1]
To respond within 90 days to a request for information from a potential shared-use applicant.
[2]
To use best efforts and negotiate in good faith concerning future requests for shared use of the tower by other telecommunications providers.
[3]
To allow shared use of the tower if another telecommunications provider agrees, in writing, to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation and all of the costs of adapting the tower and/or equipment to accommodate a shared user without causing electromagnetic interference.
(f)
NIER certification. A written certification shall be submitted, prepared by a qualified engineer and/or health physicist, which calculates the maximum amount of nonionizing electromagnetic radiation (NIER) which will be emitted from the proposed wireless communications facility and demonstrates that any such emissions from the facility will be within the threshold levels adopted by the Federal Communications Commission as of the day of application. The certification shall include a statement or explanation of how compliance was determined; an explanation as to what, if any, restrictions on access will be maintained to ensure compliance; and a statement as to whether other significant transmitting sources are located at or near the transmitting site and, if so, whether those emissions were considered in determining compliance and the reasons why those emissions were or were not considered.
(g)
The applicant shall comply with all other requirements, standards and conditions set forth in this chapter governing conditional use and site plan applications.
F.
Other requirements.
(1)
Design.
(a)
Visual impact assessment. The applicant shall submit the following:
[1]
A viewshed analysis in order to determine locations where the tower and appurtenant facilities may be visible.
[2]
Graphic representations of before and after views from key viewpoints located inside and outside of the Village, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, residential developments and any other location where the site is visible to a large number of visitors or travelers.
[3]
Assessment of alternative tower designs and color schemes, as set forth in Subsection F(1)(b) below.
[4]
Assessment of the visual impact of the tower base, guy wires, accessory buildings and structures and overhead utility lines on abutting properties and streets.
(b)
Tower design. The applicant shall submit a report describing alternative tower designs which includes lattice and monopole structures and other designs to minimize visual impacts. The Board may request a view of the tower design by a qualified engineer in order to evaluate the need for, and the design of, any new tower and potential alternatives. All designs to be considered shall be required to include, at a minimum, the following characteristics:
[1]
Towers shall be designed to accommodate future shared use by other wireless communications providers.
[2]
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
[3]
No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners and streamers.
[5]
The height of any new tower shall be the minimum height necessary, considering shared use, to meet the minimum requirements of the Federal Communications Commission for adequate coverage of the service area.
(c)
Fully engineered site plan. The applicant shall submit a site plan showing, at a minimum, all existing and proposed roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(d)
Engineer's report.
[1]
The applicant shall submit a report prepared by a New York State licensed professional engineer specializing in electrical engineering with expertise in communications facilities. If a monopole or tower is required and/or the electrical engineer is not qualified to certify the structural soundness of the installation, then an additional report shall be submitted by a New York State licensed professional engineer specializing in structural engineering. The report(s) shall contain the following information:
[a]
Name(s) and address(es) of person(s) preparing the report.
[b]
Name(s) and address(es) of the property owner, operator and applicant.
[c]
Postal address and section, block and lot number of the property.
[d]
Zoning district in which the property is situated.
[e]
Size of the property and the location of all lot lines.
[f]
Location of nearest residential structure.
[g]
Location of nearest occupied structure.
[h]
Location of nearest day-care center, school, camp or recreational area.
[i]
Location of all structures on the property.
[j]
Location, size and height of all proposed and existing antennas and all appurtenant structures.
[k]
Type, size and location of all proposed and existing landscaping.
[l]
Number, type and design of antenna(s) proposed and the basis for the calculations of capacity.
[m]
Make, model and manufacturer of the antenna(s).
[n]
Description of the proposed antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.
[o]
Frequency, modulation and class of service of radio equipment.
[p]
Transmission and maximum effective radiated power of the antenna(s).
[q]
Certification that the proposed antenna(s) will not cause interference with existing communications devices.
[r]
Elevation drawings depicting the front, side and rear of the property, illustrating the proposed antenna(s), mounting device and structure, if any, on which the antenna(s) is mounted.
[s]
A map depicting and listing all existing sites of the Village and bordering municipalities containing transmitting antenna(s) used by the operator, owner or applicant.
[t]
All applications, communications and permits submitted to or used by the Federal Aviation Administration and Federal Communications Commission.
[2]
The Planning Board may, in a proper case, waive one or more of the requirements of this subsection and may require additional reports or evidence that it deems necessary to ensure the health, safety and welfare of the community is adequately protected.
(e)
Intermunicipal notification. In order to keep neighboring municipalities informed, to facilitate the consideration of shared use of existing tall structures in a neighboring municipality, and to assist the continued development of communications for emergency services, the applicant shall provide the following additional notice of the application:
[1]
Notification, in writing, to the clerk of any adjoining municipality within one mile of a proposed site or a greater distance if determined by the Board to be impacted by a proposed new telecommunications tower.
[2]
Notification, in writing, by certified mail, of all landowners within 1,000 feet of the property line of the parcel on which a new tower is proposed.
(2)
Location, lot size and setbacks.
(a)
Any proposed wireless communications tower and its accessory structures shall be located on a single parcel and shall comply with setback requirements as identified below.
[1]
In order to protect the health, safety and welfare of children who may be injured by falling ice or debris, all wireless communications towers shall be a distance of not less than 350 feet from the nearest property line of a school, day-care center, camp, public park, playground, recreation area or other area where children may congregate.
[2]
Wireless communications towers shall be located with minimum setback from any property line equal to the height of the tower in any zoning district; except however, if the applicant can demonstrate that the fall zone for the structure can be safely accommodated on a smaller size parcel or with reduced setbacks to no less than the minimum bulk requirements in the underlying zoning district, the Planning Board shall have the discretion to reduce the size accordingly. The applicant must demonstrate that there is adequate protection to adjoining properties from the damages of falling ice or debris through either an easement or other safeguards. The Planning Board shall make findings of fact justifying a reduction and shall impose such additional conditions that the Board may deem appropriate to protect the health, safety and welfare. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
[3]
The lot size of major wireless communications facilities sites shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel.
[4]
Additional setbacks may be required by the Planning Board to contain on site all ice fall or debris from tower failure and preserve the privacy of any adjoining residential and public properties.
(3)
Vegetative screening and fencing; marking; lighting; signs.
(a)
Landscaping. All facilities shall provide landscaping as follows:
[1]
All towers shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment.
[2]
The area surrounding the installation, other than the area necessary to maintain a clear line of sight to the signal source, shall be landscaped and maintained with trees, shrubs and ground cover to maximize screening and visual buffering. The Board may determine that an existing natural vegetative buffering which meets or exceeds the above requirements is sufficient.
[3]
Landscaping shall include trees of a height and density established by the Planning Board that will, over time, further screen the site, buffer neighboring properties, and reduce visual impacts resulting from the installation of said facility.
[4]
The outside of security fencing shall be screened with evergreen shrubs, trees or climbing evergreen material.
[5]
The base of any communications tower and any accessory structure shall be effectively screened using primarily vegetative screening, including a continuous evergreen screen planted in a natural setting and consisting of native plant species. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen and buffer all structures from nearby properties or important viewsheds of scenic areas. All landscaping shall be properly maintained to ensure continued screening and buffering.
(b)
Security and safety fencing. Security and safety fencing shall be located around all communications towers, equipment and related facilities to prevent unauthorized access. Access to all structures shall be through a locked gate or locked principal building. Fencing shall be designed to minimize visual and aesthetic impacts and shall be equipped with appropriate anticlimbing devices. Failure to maintain said security and safety fencing in an appropriate manner shall be grounds for immediate revocation of all permits and certificates of use by the Building Inspector. In addition:
[1]
All communications towers, antenna towers, monopoles and other supporting structures shall be made inaccessible to unauthorized persons, particularly children, and shall be constructed or shielded in such a manner that they cannot be climbed.
[2]
All transmitter controls shall be designed and installed in such a manner that they are accessible only to persons authorized by the licensee to operate or service them.
[3]
All transmitters used with in-building radiation systems shall be designed in such a manner that, in the event that an unauthorized person does gain access, that person cannot cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations.
[4]
All transmitters (other than hand-carried or pack-carried mobile transmitters) and control points shall be equipped with a visual means of indicating when the control circuitry has been activated to cause the transmitter to radiate.
[5]
All transmitters shall be designed in such a manner that they can be turned off independently of any remote control circuits.
(c)
Coloring and marking. Unless otherwise required by the FAA or FCC, all communications facilities, including antenna and communications towers, shall be colored, camouflaged and/or shielded to blend with surrounding areas, provided that such coloring, camouflage and/or shielding does not inhibit their effectiveness. The painting or marking of such facilities shall have a finish or coloring which will minimize visual and aesthetic impacts. Towers and all appurtenances shall generally have a galvanized finish and shall be painted gray or blue gray or some other finish or color that is shown to be visually unobtrusive.
(d)
Signals and lights. No antenna or tower shall include any signals, lights or illumination unless required by the FAA or other applicable authority. The applicant shall provide to the Board any legal authority which requires lighting. If lighting is required, the lighting shall be such as to cause the least disturbance to surrounding properties and views. Any lighting necessary for accessory structures or buildings shall be the minimum necessary and shall be properly shielded to prevent light emission and glare onto adjacent properties.
(e)
Signage.
[1]
No signs, including advertising signs, shall be permitted on any antenna, communications tower, antenna tower or monopole or antenna support structure, except as follows: Signs specifically required by a federal, state or local agency.
[2]
Each site shall include a sign containing the name and emergency phone number of the owner and operator of all antennas. Any door having access to a roof-mounted antenna and all entrances to the fenced enclosure shall be similarly posted.
[3]
All signage shall comply with the sign regulations of this chapter.
[4]
Any graffiti on a structure shall be removed within 48 hours.
(4)
Subterranean installation of electrical power and noise suppression. All electrical power supply to service the on-site buildings and appurtenances supporting the tower antenna operations shall be installed underground. Noise suppression shall be utilized in the structural design and construction of the tower support buildings and appurtenances.
(5)
Access and parking.
(a)
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(b)
Parking. Parking shall be provided on site in an amount determined by the Board based upon recommendation from the applicant. No parking shall be located in any required front yard.
G.
Minor wireless communications facilities.
(1)
Minor wireless communications facilities are a permitted use in all zoning districts, subject to site plan review by the Planning Board. The Planning Board may require the applicant to submit any of the items set forth in Subsection F herein as part of the site plan review process.
(2)
An application for site plan approval of a minor wireless communications facility shall include the following:
(a)
Consent from the owner of the existing facility to allow shared use.
(b)
Site plan showing all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking, landscaping, grading plans, any methods used to conceal the modification to the existing facility and all other items required by this chapter for site plans.
(c)
Engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing structure and will not hamper existing emergency networks and explaining what modifications, if any, will be required in order to certify the above.
(d)
Copy of the applicant's Federal Communications Commission (FCC) license.
(3)
The Planning Board may waive any of the above requirements if it is demonstrated by the applicant that under the facts and circumstances the submission of such documentation would cause an unnecessary and undue hardship. The reason(s) for any such waiver shall be stated in writing.
(4)
The Planning Board may require any other documentation, reports or evidence that it deems necessary to ensure the health, safety and welfare of the community is adequately protected.
H.
Required conditions of all approvals.
(1)
Removal.
(a)
Any antenna, communications facility, communications tower, antenna tower or monopole, including any supporting structure and related appurtenances or part thereof, which is not used for six months, including a noncontinuous but cumulative period of six months, in any twelve-month period, shall be removed by the property owner or the operator of said facility and the property restored at his sole cost and expense.
(b)
An extension of an additional six months may be granted by the Planning Board upon submittal of a written request for said extension, including proof as determined reasonable by the Planning Board that the owner is actively engaged in the marketing of the property for sale or rent.
(c)
In the event that the tower is not removed as herein required, the Village, after notice and opportunity for the owner and operator to be heard, may cause the tower to be removed and the property restored. The total cost of such removal and restoration, including but not limited to removal and disposal costs and engineering, attorney and employee expenses, if not paid, shall be assessed against the property and collected in the same manner as real property taxes.
(2)
Operational certification. Within 45 days of initial operation or modification of a wireless communications facility, the owner or operator shall submit to the Building Inspector a written certification by a professional engineer that the operation is in compliance with the application submitted, all conditions imposed and all other provisions of this section. Such certification shall be a condition of lawfully operating past this forty-five-day period. The Village may confirm and periodically reconfirm compliance as necessary to ensure compliance with all provisions of law, including NIER levels as set forth by the FCC. The owner/operator of the facility shall supply all necessary documentation to permit the Village to make such a determination regarding compliance. If found to be not in compliance, the facility shall cease operation until compliance is restored.
(3)
Existing installations.
(a)
The current operator of any communications facility or communications tower, antenna or monopole in lawful existence at the time of adoption of this section shall be permitted to remain in operation, provided that the operator submits proof within six months of said adoption that a valid building permit(s) was issued for the facility, that the facility complies with current emission standards as promulgated or recommended by the FCC and that the facility meets the security requirements of this section.
(b)
Any lawful nonconforming communications facility or communications tower shall be permitted to remain until such time as the use, facility or structure is altered, at which time compliance with this section shall be required.
(c)
Any facility for which emission and security compliance documentation is not received shall cease operation within six months of adoption of this section and shall be immediately removed thereafter. If the facility is not removed, then the Village may cause removal in the manner set forth in Subsection H(1) above.
I.
Review and compliance costs.
(1)
The applicant and operator, respectively, of a facility are responsible for the payment of all of the Village's costs to review an application and to determine continued compliance after commencement of operation. Payment of all such costs within 30 days of billing shall be a condition of approval and of continued operation.
(2)
The Board is authorized and shall require the applicant to post funds in escrow in the amount determined by the Board to pay for the Board's review costs. Such escrow amount shall be replenished by the applicant, as directed by the Board, such that sufficient funds are available at all times.
(3)
As a condition of approval, the applicant shall be required to post funds in escrow in an amount determined by the Board to pay for the Village's cost of inspection and determining continued compliance with the conditions of approval, this section, and all other applicable requirements. Such escrow amount shall be replenished by the operator, as directed by the Board of Trustees, such that sufficient funds are available at all times.
§ 305-54 Variances.
A.
Except as otherwise provided in this chapter or the Village Law, the jurisdiction of the Board of Appeals is appellate only and is limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the Building Inspector. On appeal from the decision or determination of the Building Inspector, the Board shall have the power to grant use variances and area variances as specified in Subsection C of this section.
[Amended 5-28-1996 by L.L. No. 3-1996]
B.
Guiding principles.
(1)
Every decision by the Board of Appeals granting a variance shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Board of Appeals may be made subject to conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards as are a part of the Board's decision shall be deemed a violation of this chapter, punishable under the provisions of § 305-65.
(3)
Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use.
C.
[1]Specific types of variances. In the instances of the following types of variances, the Board of Appeals is hereby specifically empowered to grant the variance pursuant to the guiding principles and general standards stated in Subsection B and the following provisions:
(1)
With respect to lots in a single ownership lying across district boundaries at the effective date of this chapter or any subsequent amendment thereto, to grant a variance, in appropriate cases, for the extension into the more restrictive district of a lawful, conforming use permitted in the less restrictive district but for a distance not exceeding 50 feet measured at right angles to such district boundary line. In granting such a variance and except in the case of a single- or two-family residence, the Board of Appeals shall require the applicant to acquire approval of the Planning Board where the applicant proposes any construction activities across the district boundary line.
[Amended 11-14-2000 by L.L. No. 7-2000]
(2)
With respect to nonconforming uses, buildings and lots:
[Amended 11-14-2000 by L.L. No. 7-2000; 11-20-2018 by L.L. No. 7-2018]
(a)
To grant a variance pursuant to New York State Village Law § 7-712-b(2) for the expansion in size or volume or intensity of use or the enlargement or extension of a nonconforming use as defined in Article VIII of this chapter, provided that such enlargement or extension shall be subject to Planning Board approval pursuant to § 305-60 of this chapter; and any such variance and site plan approval shall be made in compliance with all parking and truck loading requirements of Article VI.
(b)
To grant a variance pursuant to New York State Village Law § 7-712-b(2) for the reconstruction, structural alteration, restoration or repair of the building or structure used for a nonconforming use, provided that if such reconstruction, structural alteration, restoration or repair will change, alter, modify or otherwise extend the original building or structural footprint or location on the lot, any accessory building or structure thereon, then the grant of the variance shall be subject to Planning Board approval pursuant to § 305-60 of this chapter.
(c)
To grant a variance pursuant to New York State Village Law § 7-712-b(2) for a change of a nonconforming use to another nonconforming use, provided that such variance will be subject to Planning Board approval pursuant to § 305-60 of this chapter, except where such change in use is to a single- or two-family residence.
(d)
To grant a variance pursuant to New York State Village Law § 7-712-b(3) for the expansion, enlargement or extension of a conforming use utilizing the criteria set forth in New York State Village Law § 7-712-b(3).
(3)
With respect to yard requirements, to grant a variance modifying the yard requirements of a nonconforming lot which qualifies under the terms of § 305-44 as to ownership, but where compliance with the dimensional provisions of the chapter is infeasible.
(5)
With respect to accessory parking and truck loading spaces:
(a)
To waive the requirements of §§ 305-26, 305-27, 305-28 and 305-29 for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the Board of Appeals determines that there is no need for additional facilities.
(b)
(c)
To permit a reduction in the number of off-street parking spaces or truck loading spaces originally required and installed for a particular use pursuant to §§ 305-26, 305-27, 305-28 and 305-29, in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents or in floor area, seating capacity or area, number of employees, or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of §§ 305-26, 305-27, 305-28 and 305-29, and further provided that the areas so withdrawn from these uses remain in reserve for potential future increases in need.[2]
[2]
Editor's Note: Former Subsection D(6), pertaining to temporary building permits, which immediately followed this subsection, was repealed 11-14-2000 by L.L. No. 7-2000.
§ 305-55 Special exception use and public hearing procedure.
[Added 5-28-1996 by L.L. No. 3-1996]
A.
Application for a permit authorizing a special exception use shall be made directly to the Planning Board in the form required by the Planning Board accompanied by a filing fee to the Village Clerk and a site plan according to § 305-60.
B.
The Planning Board shall hold a public hearing within 62 days from the time of receipt of the complete application by the Planning Board and shall provide for the giving of notice at least five days prior to the date thereof in the same manner as provided for in § 305-50B for applications to the Board of Appeals for variances.
C.
No action shall be taken on applications referred to the Orange County Department of Planning until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal.
D.
The Planning Board shall render a decision on a special exception use within 62 days of the public hearing. The time within which the Planning Board must render its decision may be extended by the mutual consent of the applicant and the Board. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
E.
A record shall be established of all special exception uses granted pursuant to action of the Planning Board under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by applicant's name. Said files shall be available for public inspection.
F.
Upon the granting of a permit for a special exception use by the Planning Board, the Secretary of the Planning Board shall transmit written approval of such use to the Building Inspector prior to his issuance of a building permit for the special exception use.
G.
Building permits authorized by the Planning Board's actions on special exception cases shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Planning Board where good cause is shown.
H.
The fees for applications to the Planning Board shall be determined by the Board of Trustees.
I.
The Planning Board shall comply with the provisions of the State Environmental Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.