Town of Riga, NY Article XII Supplementary Regulations

§ 95-68 Off-street parking and loading.

No building or other permit shall be issued until plans and evidence are presented and approved by the Planning Board to show how the off-street parking and loading requirements are to be fulfilled and that property is and will be available for exclusive use as off-street parking and loading space. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter.

A. Off-street loading. Every hospital, institution, hotel, commercial or industrial building hereafter erected or established having a gross floor area of 10,000 square feet or more shall provide and maintain at least one off-street loading space plus one additional off-street loading space for each additional 20,000 square feet of gross floor area. Any use requiring 1/2 or more of a loading space shall be deemed to require the full space. Each loading space shall be not less than 10 feet in width, 35 feet in length and 14 feet in height. The Planning Board may waive this requirement or require additional space, based upon anticipated use, and the reasons shall be set forth as part of the minutes of the proceedings.

B. Off-street parking. Off-street parking spaces shall be provided and maintained as set forth in this section for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time:

(1) A new building is hereafter erected or enlarged.

(2) A building existing on the effective date of this chapter is enlarged to the extent that the cost of construction exceeds 50% of the market value of the building as shown on the Town of Riga Assessor's records or to the extent that the building's capacity is increased by more than 50% in terms of the units used in the requirements column of Subsection C.

(3) The use is changed to another use with greater parking requirements, provided that, if the enlargement of a building existing at the time hereof is less than 50%, parking space shall be provided in proportion to the increase only. Any use requiring 1/2 or more of a parking space shall be deemed to require the full space. The provision and maintenance of off-street parking space is a continuing obligation of the property owner.

C. Number of spaces required.

(1) Off-street parking spaces shall be provided as follows:

	Use		Requirement (spaces)
	Residential
		One- and two-family dwelling	2 per dwelling unit
		Multifamily dwelling	2 per dwelling unit
		Apartment, hotel or rooming or boarding house	1 for each guest accommodation, plus 1 additional per 2 employees
	Commercial/residential
		Hotel	1 per guest room, plus 1 per 2 employees
		Motel	1 per guest room or suite, plus 1 additional for the owner or manager
		Club or lodge	Spaces to meet the combined requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc.
	Institutions
		Convalescent hospital, nursing home, sanitarium, rest home or home for the aged	1 per 2 beds for patients or residents
		Hospital	3 per 2 beds
	Places of public assembly
		Church	1 per 4 seats or 8 feet of bench length in the main auditorium
		Library or reading room	1 per 400 square feet of floor area, plus 1 per 2 employees
		Nursery, day-care center or child-care institution	2 per teacher
		College or commercial school for adults	1 per 3 seats in classrooms
		Auditorium or meeting room	1 per 2 seats or 4 feet of bench length
	Commercial amusements
		Theater	1 per 4 seats or 8 feet of bench length
		Bowling alley	5 per lane, plus 1 per 2 employees
		Skating rink	1 per 100 square feet of floor area, plus 1 per 2 employees
		Health and fitness center	1 per 100 square feet of floor area, plus 1 space per 2 employees
	Commercial
		Retail store except supermarkets and stores selling bulky merchandise and grocery stores 1,500 square feet gross floor area or less	1 per 100 square feet of floor area
		Supermarket or grocery store	1 per 75 square feet of floor area
		Service or repair shop, retail store or outlet selling furniture, automobiles or other bulky merchandise where the operator can show that bulky merchandise occupies the major area of the building	1 per 600 square feet of floor area
		Bank or office (except medical and dental)	1 per 400 square feet floor area, plus 1 per 2 employees
		Medical and dental office or clinic	1 per 200 square feet of floor area, plus 1 space per 2 employees
		Eating or drinking establishment	1 per 200 square feet of floor area
		Mortuary	1 per 4 seats or 8 feet of bench length in chapels
	Industrial
		Research and development, storage warehouse, manufacturing establishment or rail or trucking freight terminal	1 1/2 per employee on the maximum shift, plus additional spaces as required by the Planning Board for visitor parking
		Wholesale establishment	1 per employee, plus 1 per 700 square feet of patron serving area

(2) Other uses not specifically listed above shall furnish parking as required by the Planning Board. The Planning Board shall use the above list and other available resources as a guide for determining requirements for said other uses.

D. More than one use on one or more parcels. In the event that several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately. If a portion of the floor area, not less than 100 contiguous square feet, in a retail store will be used exclusively for storage of merchandise which is not being displayed for sale, such space may be deducted in computing parking requirements, but the owner shall not thereafter use the space for any other purpose without furnishing additional off-street parking as required by this chapter.

E. Joint use of facilities. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.

F. Location of parking facilities. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located on the same parcel or on an immediately adjacent parcel. The burden of proving the existence of such off-premises parking arrangements rests upon the person who has the responsibility of providing parking.

G. Use of parking facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use. If the parking of trucks or delivery vehicles in connection with a use is proposed, separate parking space in addition to that otherwise required herein shall be provided as determined by the Planning Board.

H. Front yard setback. Unless otherwise provided, required parking and loading spaces shall not be located in a required front yard setback, except in the case of a single- or two-family dwelling, but such space may be located within a required side or rear yard setback.

I. Development and maintenance standards. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

(1) An off-street parking area for more than five vehicles shall be effectively screened by a sight-obscuring fence, hedge or planting on each side which adjoins property situated in a residential district or the premises of any school or like institution.

(2) Any lighting used to illuminate the off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a Rural Agricultural District.

(3) Except for single-family and duplex dwellings, groups of more than two parking spaces shall be so located and served by a driveway that their use will require no backing movements or the maneuvering within a street or right-of-way other than an alley.

(4) In a multiple-residence development, parking shall be so distributed as to service the individual units. There shall be no more than 200 feet between car and door. Parking spaces shall not run continuous more than 10 adjacent spaces.

(5) Parking lots should be kept small and, in other ways, broken up into smaller units through provision of islands and plantings.

(6) Design and development standards, such as surfacing, size of spaces, size and number of access points and width of internal circulation drives, shall be established at the discretion of the Planning Board, based upon the use anticipated and the neighborhood planned development.

§ 95-69 Establishment and measurement of clear vision areas.

At all street intersections, clear vision areas shall be established and maintained as follows:

A. The minimum clear vision distance shall be 25 feet.

B. The clear vision area shall contain no plantings, branches, foliage, fences, walls, structures or temporary or permanent obstructions, between a height of three feet and a height of eight feet above the pavement.

§ 95-70 General provisions regarding accessory uses.

Accessory uses shall comply with all requirements for the principal use except where specifically modified by this chapter and shall comply with the following limitations:

A. An accessory building shall not be located within 10 feet of a principal use existing or under construction on the same lot.

B. In a residential district, a side or rear yard may be reduced to 10 feet for an accessory structure erected more than 55 feet from any street other than an alley, provided that the structure is detached.

C. A greenhouse or hothouse may be maintained accessory to a dwelling in a residential district, provided that there are no sales.[1]

[1] Editor's Note: Former Subsection D, regarding guest houses, which immediately followed this subsection, was repealed 4-13-1998 by L.L. No. 1-1998.

§ 95-71 Provisions applicable to all districts.

A. Street frontage. Every lot shall abut a street or public way (other than an alley) for a distance of at least 66 feet.

[Amended 3-10-2003 by L.L. No. 1-2003]

B. Maintenance of minimum requirements. No lot area, yard, other open space or off-street parking area existing on or after the effective date of this chapter shall be reduced below the minimum required for it by this chapter.

C. Dual use of required open space. No lot area, yard, other open space or off-street parking area for any use shall be used for another use.

D. (Reserved)[1]

[1] Editor's Note: Former Subsection D, regarding lots in the Highway Commercial District or industrial use districts which abut a lot in a residential use district, was repealed 3-13-2000 by L.L. No. 1-2000.

E. (Reserved)[2]

[2] Editor's Note: Former Subsection E, regarding two parcels in identical ownership was repealed 4-13-1998 by L.L. No. 1-1998.

F. No more than one single-family dwelling shall be erected on any one lot.

G. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.

H. Each room in a basement for living or sleeping purposes shall have a window area equal to not less than 1/10 of the floor area of such room. A basement, any part of which is used for sleeping purposes, shall not have less than two means of egress. One means of egress shall be a door having access to an open area whose surface is at least three inches below the level of the basement floor.

I. Used building materials shall not be stored within a residential district, except when intended for use in the erection of a structure for which a building permit has been issued.

J. No driveway shall be used to service more than one lot. Private roads are prohibited.

K. Uses not specifically permitted. In any zoning district, any use not specifically permitted as a permitted use or any use not permitted as a specifically designated special use is hereby prohibited in the respective district.

§ 95-72 Flag lots.

[Amended 4-13-1998 by L.L. No. 1-1998]

Flag lots with less than the required frontage on a public street are prohibited except in accordance with this section. In approving otherwise prohibited flag lots, the following requirements and conditions must be met:

A. The creation or development of any flag lot shall be subject to approval by the Planning Board, either as part of the subdivision review process or by means of site plan review pursuant to Article IX of this chapter.

B. The Planning Board, in approving any flag lot, shall make the following findings as part of its written record:

(1) That no more conventional approach to creation of the lot is reasonable, considering geographic conditions and the character of the area; and

(2) That construction and/or site development measures can be utilized which will protect the privacy of adjacent residential properties.

C. The minimum area of the interior portion of the lot, exclusive of the accessway, shall be three acres. The interior lot, exclusive of the accessway, shall be subject to the yard and lot width requirements otherwise applicable in the district.

D. The minimum lot frontage, which shall also be the accessway width, shall be 66 feet and a uniform width throughout said accessway. The accessway shall not exceed 1,000 feet in length from the street or highway right-of-way line to the interior portion of the lot nor be less than 200 feet. The stem of the flag shall be the accessway.

E. Each flag lot shall have its own accessway, and no more than one accessway servicing one separate flat lot shall intersect the public street at any point. No such intersection of one accessway with the public street shall be closer to another intersection of an accessway to a flag lot than 500 feet.

F. The side lines of the accessway shall intersect the street line at angles of between 75° and 90°.

G. The location of the intersection of the accessway with the public road shall be such that access to and from said public road, the improvement and use of the accessway, as well as drainage and other site considerations, will not adversely affect the remainder of the tract, the adjoining properties or the public road.

H. Drainage improvements shall be made to provide for the stability of the accessway, to minimize erosion, to minimize adverse effects on the land adjoining the accessway and to minimize the flow of stormwater, sedimentation and other adverse effects on the public road.

I. No structures of any type shall be erected on the accessway, other than as needed for drainage or driveway purposes.

J. All accessways shall be designed to permit adequate access for fire and rescue equipment.

K. The Planning Board shall require the siting of any structures on the interior lot in such manner as will assure the privacy of adjacent properties and shall require such plantings, screenings or berms as may be necessary to protect such privacy, at the time of construction and thereafter.

L. Lot layout shall be designed so as to avoid jogs and other sudden changes in lot lines.

§ 95-73 Telecommunications facilities.

A. Legislative intent. The Town of Riga recognizes the increased demand for wireless communications transmitting facilities and the public and private demand for the services they provide. Often, these facilities require the construction and maintenance of communications facilities, towers and accessory support structures. The bulk and visual impact of such installations create aesthetic problems, making it appropriate to have some special conditions as to the size and placement thereof. The intent of this section is to protect the Town of Riga's interest in maintaining its rural residential character, by properly siting towers and related facilities in a manner consistent with sound land use planning, while also allowing wireless providers to competitively meet their technological and service objectives.

B. Definitions. In addition to the provisions of § 95-14 and the terms defined therein, as used in this section, the following terms shall have the meanings indicated:

ACCESSORY FACILITY OR STRUCTURE

An accessory facility or structure serving or being used in conjunction with a telecommunications tower and located on the same lot as the telecommunications tower, including utility or transmission storage sheds or cabinets.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCS's) and microwave communications.

COLLOCATED FACILITY

A telecommunications facility which uses an existing building, tower or other structure for the placement of antennas, without need for the placement, erection or construction of a separate telecommunications tower for said placement of antennas.

COLLOCATION

The mounting of telecommunications facilities which are used by two or more telecommunications service providers on the same existing building, communications tower or other structure.

COMMUNICATIONS TOWER

A structure designed to support antennas. It includes without limit freestanding towers, guyed towers, monopoles and similar structures that employ camouflage technology. It is a structure intended for transmitting and/or receiving radio, television, telephone or microwave communications but excluding those used either for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizens bands, amateur radio and other similar communications.

FAA

Federal Aviation Administration.

FCC

Federal Communications Commission.

GRID MAP

A complete map of all existing or proposed telecommunications facility and tower locations within the Town of Riga and contiguous towns, together with such a narrative or technical data or information as the applicant shall deem relevant or necessary so as to establish the necessity of each tower site which is the subject of the application.

MICROWAVE

A method of providing telecommunications bandwidth by means of a series of antennas, transmitters and reflectors on towers.

MONOPOLE

Any freestanding pole which is used to support an antenna.

PREEXISTING STRUCTURES MAP

A complete map of the Town of Riga, inventorying and identifying all preexisting structures, municipal buildings or lands, public utility buildings, lands or rights-of-way or special geographic areas (i.e., hills, wooded areas, naturally screened areas), together with such a narrative or technical data or information as the applicant or Town shall deem relevant or necessary so as to establish whether or not any of such structures or areas may be suitable for any proposed telecommunications tower site.

PROPAGATION MAPS

Complete maps, plans, narrative, overlays and analysis of the signal propagation studies for the proposed telecommunications tower site, together with all propagation studies for all other proposed or existing telecommunications tower sites within the Town of Riga and contiguous towns which adjoin the proposed telecommunications tower site or which may impact on the siting process for the proposed telecommunications tower location.

SATELLITE ANTENNA

Any parabolic dish, antenna or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, light, microwave or other electronic signals, waves and/or communications from space satellites.

SPECIAL USE

See § 95-14.

TELECOMMUNICATIONS

The transmission and reception of audio, video, data and other information by wire, radio, light and other electronic or electromagnetic systems.

TELECOMMUNICATIONS FACILITY

Includes telecommunications towers, accessory facilities or structures and/or antennas and any buildings and/or equipment used in connection with the provision of cellular telephone service, personal communications services (PCS's), paging services, radio and television services and similar broadcast services.

TELECOMMUNICATIONS TOWER

A communications tower on which one or more transmitting and/or receiving antenna is located.

TOWER

See § 95-14.

ZONING OVERLAY MAP

A map of the Town of Riga adequately identifying each separate zoning district of the Town on an overlay to the grid map, propagation maps and preexisting structures map, respectively.

C. Conflicts or inconsistent provisions. In the event of any conflict or inconsistency between the provisions of this section and the provisions of any other portion of this Zoning Law, or the provisions of any other applicable, regulation, ordinance or law, the more restrictive provisions shall control, except for telecommunications towers, which are governed by the provisions of this section.

D. Compliance with State Environmental Quality Review Act. See § 95-8A.

E. Telecommunications facilities permitted by special use permit only.

(1) Telecommunications facilities will be permitted in any district in the Town only upon issuance of a special use permit and final site plan approval by the Town of Riga Planning Board, in accordance with the provisions of Article VII, Special Uses, and Article IX, Site Plan Approval, of this chapter.

(2) Telecommunications facilities are not permitted in an Environmental Protection Overlay (EPO) District.

F. Exemptions. The following are exempt from the application of this section:

(1) The repair and maintenance of existing telecommunications towers, antennas or accessory facilities or structures.

(2) Antennas used solely for residential household television and radio reception.

(3) Satellite antennas measuring two meters or less in diameter and located in commercial or industrial districts and satellite antennas measuring one meter or less in any district, provided that they are 10 feet or less above the surrounding grade or building to which they are mounted and that they have been installed according to manufacturers recommendations, adequately secured and meet all electrical code requirements regardless of the zoning districts in which they are located. For safety reasons, no such satellite antenna shall be placed on a fire escape, placed so as to impair ingress or egress to a building or structure or placed within 10 feet of a power line.

(4) Lawful or approved telecommunications facilities uses existing prior to, the effective date of this section; provided, however, that any alteration, modification or expansion of such uses shall require compliance with this section.

G. Application of special use regulations.

(1) No telecommunications facilities shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing tower or other structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations.

(2) These regulations shall apply to all property within the Town of Riga in the order of priority and preference hereinafter provided for.

H. Review fees and public notices.

(1) In addition to the application fee established pursuant to § 95-18B, the applicant shall be responsible for any and all expert fees which are incurred by the Town in review of the application, including review by engineers and consultants employed by the Town. As security for this, an applicant shall pay, on account with the Town, the sum of $1,000 at the time of application. Any additional engineering or consultant fees incurred by the Town over and above such sum shall be invoiced to the applicant from time to time. No certificate of occupancy or certification of completion or compliance shall be issued until all unpaid fees have been paid.

(2) No action shall be taken by the Planning Board to issue a special use permit or to issue preliminary site plan approval, nor by the Zoning Board of Appeals to grant use and area variances, until following public notice and hearing. Proper notice of a hearing before a Board shall be given by legal notice published in the official newspaper of the Town of Riga at least five days before the date set for the public hearing. The applicant shall be responsible for notifying by certified mail all property owners of record within 500 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such a hearing the applicant shall file with the Board his or her affidavit of mailing such notices. Failure to receive such notice shall not be deemed a jurisdictional defect.

I. Special use standards and requirements.

(1) Application and site plan.

(a) Any applicant for a telecommunications facility special use permit shall make written application to the Planning Board. An applicant shall be required to submit a site plan as described in Article IX of this chapter, which site plan sets forth specific site data on a map, acceptable in form and content to the Planning Board, which shall be prepared to scale and in sufficient detail and accuracy in compliance with the requirements of Article IX, showing at a minimum the following:

[1] The location of property lines and permanent easements.

[2] The location of the proposed telecommunications facility, together with guy wires and guy anchors, if applicable.

[3] A side elevation or sketch of the telecommunications tower showing the proposed antennas.

[4] The location of all structures, trees exceeding four inches in diameter measured at a height of four feet off the ground, and other significant and/or unusual features on the property and on any adjacent property within 20 feet of the property lines.

[5] The names of adjacent landowners.

[6] The location, nature and extent of any proposed fencing, landscaping and/or screening.

[7] The location and nature of proposed utility easements and access driveways, if applicable.

[8] A grid map of all of the owner/applicant's existing telecommunications tower site areas in the Town of Riga and contiguous towns and areas proposed or projected by the owner/applicant for installations for a period of two years.

(b) The site plan shall also include or there shall be separately submitted a grid map with zoning overlay, propagation maps and preexisting structures also noted thereon. The applicant shall be required whenever possible to locate the proposed telecommunications facility in accordance with the preference for higher intensity use and with due consideration given to existing facilities, as depicted upon the overlay map.

(c) The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required.

(d) Additionally, the Planning Board shall require that the site plan include a completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.

(e) In addition to other site plan requirements, an application for a telecommunications tower shall include all information prepared by the manufacturer of the tower and antenna for the application for which a special use permit is being sought, including but not limited to the following:

[1] The make and model of tower to be erected.

[2] The manufacturer's design data for installation instructions and construction plans.

[3] The applicant's proposed tower maintenance and inspection procedures.

[4] The applicant's proposed tower maintenance and inspection schedules.

[5] The applicant's maintenance and inspection records system.

[6] Anti-climb devices for the tower and any guy wires.

(2) No more than one telecommunications facility shall be allowed on any lot within the Town, and no existing lot may be subdivided solely for the purpose of obviating this provision.

(3) Preference for higher intensity use.

(a) The Planning Board may require that the proposed facility be located on property in a higher intensity use district in accordance with the guideline for preference listed below, provided that there is a technologically feasible and available location. The guideline for preference, from most favorable to least favorable district/property, is as follows:

[1] Property with an existing telecommunications facility suitable for collocation.

[2] Municipal or governmentally owned property.

[3] Industrial districts.

[4] Commercial districts.

[5] Residential districts.

(b) In the case that an applicant proposes that a telecommunications facility be located in a less preferable location based on the guideline for preference above, the burden shall be upon the applicant to show why a higher intensity use location is not feasible.

(4) Government services.

[Amended 3-10-2003 by L.L. No. 1-2003]

(a) An applicant shall make adequate provisions to permit the shared use of telecommunications facilities for the collocation of antennas and other communications devices and equipment by the Town of Riga or any other municipal, law enforcement and/or emergency services agency. Any such agency shall have use of a telecommunications tower without charge, and shall have access to the site and tower at any time, provided that any devices or equipment which are collocated by such agency do not interfere with the use or operation of existing devices and equipment and do not result in the design load capability of the tower being exceeded.

(b) Specifically, and in furtherance of the foregoing, any applicant, and any landlord and/or lessee, agrees to permit the County of Monroe (the "County") to collocate emergency telecommunications equipment that the County deems necessary in its responsibility for "911" and other public safety or emergency telecommunications purposes on any tower permitted hereunder, including but not limited to the use of tower space, equipment building space, rights-of-way and utility easements.

(5) Collocation.

(a) At all times, shared use of existing telecommunications towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antennas on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers and other structures within reasonable distance of the proposed site and outlining opportunities for collocated facilities and use of other preexisting structures as an alternative to a new construction.

(b) An applicant proposing collocation shall be required to submit documentation indicating the agreement or consent to such shared use by the existing telecommunications facility owner. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or leases required to accommodate collocation.

(c) In the case of proposed new telecommunications towers, the applicant shall be required to submit documentation demonstrating good faith efforts to secure collocation from owners of existing telecommunications towers, as well as document capacity for future shared use of the proposed tower. Copies of written requests and responses for collocation shall be provided.

(d) In the Interest of minimizing the number of telecommunications towers in the Town of Riga, the Planning Board may require, as a condition of special use permit approval, that the applicant for construction of a telecommunications facility indicate in writing its commitment to permit collocation on said facility by other personal communications systems (PCS) or telecommunications system companies, in accordance with the following:

[1] Said applicant/owner will design any telecommunications tower which may be a part of said application to be placed, erected or constructed with sufficient base, height, and carrying capacity to accommodate future collocation.

[2] Such collocation shall not involve the installation or construction of any additional tower structure.

[3] The placement, installation, operation or use of any antennas, devices or equipment which are collocated shall not interfere with the placement, maintenance, operation or use of the applicant's then-existing devices and equipment.

[4] The applicant may require that any entity requesting to collocate pay all of the costs associated with any installation or construction which may be required for such collocation (including the cost, if any, of reinforcing or replacing the then-existing tower or monopole), and pay its pro-rata share of the operation and maintenance of the site and facilities used in common.

[5] Collocation shall not result in the design load capacity of the tower or monopole being exceeded. Prior to placement, installation or construction of any antennas, devices or equipment, the applicant may require the company wishing to so collocate to provide an engineering study, acceptable to the Town of Riga and the applicant, showing that such collocation will not result in the design load capacity of the tower or monopole being exceeded.

[6] The applicant may require that the company requesting to collocate provide evidence of adequate liability insurance coverage.

[7] The company wishing to collocate shall execute and file with the Town of Riga an agreement to be bound by all the terms and conditions of the applicant's site plan application, and specifically those provisions relating to termination of use and restoration of the site.

[8] Site plan approval (as amendment or modification to a prior approval) shall be required for any proposed collocation involving:

[a] The extension or modification of a tower or monopole approved hereunder or the construction or installation of any new monopole or tower structure.

[b] Installation or construction of a new accessory facility or structure, or any enlargement of an existing accessory facility or structure.

[c] Expansion or enlargement of the leased site.

(e) The Planning Board may waive the collocation requirement if it is determined that accommodation of future collocation is not feasible or imposes an unnecessary burden, based upon:

[1] The number of Federal Communications Commission licenses available for the area in the foreseeable future.

[2] The kind of telecommunications facility proposed.

[3] The number of existing and potential Federal Communications Commission licensees without antenna tower spaces.

[4] The number and location of available spaces at other existing and approved telecommunications facilities.

[5] Potential adverse visual impacts by a telecommunications facility which has been designed to accommodate collocation.

(6) Height. The maximum height for telecommunications towers permitted under this section, including any antennas, extensions or other devices extending above the structure of the tower, measured from the ground surface immediately surrounding the location of the tower, shall not exceed 150 feet.

(7) Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to substantially contain on site icefall or debris from tower failure and/or to preserve privacy of adjoining residential or public property. Setbacks shall apply to all tower parts including guy wire anchors and to any accessory facilities. All towers and antennas shall maintain a minimum setback equal to the height of the tower (and any antenna or other fixtures affixed to the top of the tower) plus 25 feet, unless sufficient engineering detail shall be provided to warrant a lesser setback.

(8) Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:

(a) Telecommunications facilities shall be designed, located and screened or buffered in a manner which provides, to the maximum extent possible, compatibility with surrounding land uses.

(b) The use of a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower.

(c) The use of camouflage technology in order to hide, disguise or otherwise obscure or minimize the view of an antenna or tower.

(d) Reasonable landscaping consisting of trees or shrubs to screen the telecommunications facility to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.

(e) Towers should be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as required by the FAA. Towers shall be painted a galvanized finish or matte gray above the surrounding tree line and painted gray, green or black below the surrounding tree line unless other standards are required by the FAA.

(f) No telecommunications facility shall contain any signs or advertising devices except that identifying health, safety or general welfare messages intended for the protection of the public.

(g) Accessory facilities and structures shall maximize use of building materials, colors and textures designed to blend with natural surroundings.

(h) All utility lines shall be underground from the roadside utility connection to the communications facility or tower base accessory structures.

(9) Existing vegetation. 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 prior to approval of the special use permit. Clear-cutting of all trees in single contiguous areas exceeding 20,000 square feet shall be prohibited.

(10) Screening. Deciduous or evergreen tree plantings may be required to screen portions of the telecommunications facility from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetation screening shall be required. For all telecommunications facilities, 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 shall be provided to effectively screen the tower base and accessory facilities or structures. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

(11) Access and safety.

(a) The site plan shall detail the means of access to the telecommunications facility and all security or safety fencing proposed. Such detail shall include but not be limited to gate location, roadway or driveway location and design, height and type of fencing, and security measures, if any, for the site. Proper gating or other measures of securing the access road or driveway so as to eliminate nuisance usage must be considered and may be required by the Planning Board as a condition of approval.

(b) Access and parking. In order to ensure adequate emergency and service access to a telecommunications facility, an access road or driveway, two parking spaces and a turnaround area, outside of any fencing, shall be provided on the premises. An access road or driveway exceeding 150 feet in length will require delineators be placed every 50 feet, as well as proof that, as designed, the access road or driveway will be capable of supporting, at a minimum, a twenty-ton load. To the maximum extent practicable, existing roads or driveways shall be used for access. In order to ensure minimal visual disturbance and reduce soil erosion potential, construction of an access road or driveway shall, at all times, minimize ground disturbance and vegetation cutting, and grades shall closely follow natural contours.

(c) Fencing. All telecommunications facilities, including any guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism.

(12) Radio-frequency effects. Radio emissions from any telecommunications facility shall conform to applicable Federal Communications Commission (FCC) regulations on emissions, and telecommunications facilities shall be operated only at frequencies and power levels designated by the FCC. Violations of this subsection shall be grounds for termination of the special use permit under Subsection I(13) below.

(13) Expiration; termination.

(a) The special use permit and site plan approval shall expire upon:

[1] The failure of the applicant to commence active operation of the telecommunications facility within 12 months of the issuance of a special use permit or final site plan approval by the Planning Board; or

[2] The failure to request and receive the issuance of a building permit within six months of site plan approval; or

[3] The discontinuance of the active and continuous operation of the telecommunications facility for a continuous period of 90 calendar days, regardless of any reservation of an intent not to abandon or discontinue the use or of an intent to resume active operations.

(b) From time to time, the Planning Board, at it's discretion or upon direction of the Town Board, may direct the Code Enforcement Officer to review the special use permit or site plan approval to ascertain if the requirements, conditions and restrictions of this section are being substantially complied with in good faith. In the event that, upon review, the Planning Board finds that the site is not in accordance with the approved building and site plans and the requirements, conditions and/or restrictions of this section or of the special use permit are not being substantially complied with, the special use permit shall be canceled or terminated within a specified period of time unless the requirements, conditions and restrictions are complied with after reasonable notice.

J. Lease agreements. In the event that an applicant intends to site any telecommunications facility pursuant to a lease or occupancy or use agreement of any type, a copy of such lease or agreement shall be submitted with the special use permit application. Copies of any modification, renewal, extension or termination of such lease or agreement shall be submitted within 30 days of execution.

K. Security for maintenance and removal.

(1) The applicant shall submit, as part of its application, a detailed cost analysis and estimate of annual costs associated with the maintenance of any proposed telecommunications facility, access road or driveway and all other improvements as depicted upon the site plan. Such estimates shall be reviewed by the Town Engineer and, upon establishment of the annual costs of such maintenance, the applicant shall post a letter of credit or other financial security acceptable to the Planning Board so as to assure the performance of such annual maintenance services.

(2) Removal of telecommunications facility. In the event that a telecommunications facility is no longer used for the purpose specified in the application or the telecommunications facility ceases operations, or the special use permit is canceled or terminated, for a period of 90 calendar days, the applicant or its successor shall remove any tower, antenna and/or other accessory facility or structure, as well as site improvements (such as but not limited to fences), except for the driveway, and shall restore the property to substantially the same condition as existed prior to the installation and/or construction of the facility within 30 calendar days of receipt of a written notice from the Building Inspector and/or Code Enforcement Officer.

(3) Prior to issuance of a building permit and based upon the recommendation of the Planning Board, the owner and/or operator of any telecommunications facility shall provide the Town with a letter of credit or other financial security for removal and site restoration acceptable to the Town Board. The estimate shall be prepared by the applicant's licensed engineer, verified by the Town Engineer (or engineer hired by the Town to evaluate the application, if different from the Town Engineer) and approved, as to form, by the Town Attorney.

(4) Failure of the applicant to continuously maintain in full force and effect required letters of credit or other financial security shall automatically terminate all permits or approvals granted with respect to such site or sites, and shall constitute a violation of the provisions of this section.

L. Small wireless facilities.

[Added 11-13-2019 by L.L. No. 1-2019]

(1) Conditions applying to all small wireless facilities.

(a) Definitions. As used in this section, the following terms shall have the meanings indicated.

APPLICANT

A person or entity submitting an application to the Town for a special use permit under this section.

CAMOUFLAGE

To use concealment techniques to blend the installation of the structure into the surrounding area by mimicking its surroundings or otherwise disguising it in the environment.

CO-LOCATE

For purposes of this section, co-locate or collocation shall mean mounting or installing an SWF on a preexisting structure and/or modifying a structure for the purpose of mounting or installing an SWF on that structure.

CONCEALED INSTALLATION ON BUILDING

Building-mounted small wireless facilities that completely screen all associated equipment and facilities from public view by approved methods that are in keeping with the character of the building, surrounding area and any applicable design guidelines or standards as determined by the Town.

GROUND-BASED EQUIPMENT or GROUND-BASED ENCLOSURES

Any equipment associated with installation of a small wireless facility and/or support structure that will be located on the surface of the ground with some or all of the facility located above grade.

LICENSE

The document granted to an individual under this section which permits its holder, the licensee (see definition), to have all the rights, privileges, and obligations arising under this section. Any license issued under this section is nonexclusive and is subject to the limitations provided herein.

LICENSEE

Any person having applied for a license under this section and holding such a license.

PERMITTEE

An applicant that has received a special use permit under this section.

POLE

A legally constructed pole, such as a utility, lighting, traffic, or similar pole.

RF

Radio frequency.

RIGHT-OF-WAY or ROW

The area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement or similar property, under the jurisdiction of the Town.

SMALL WIRELESS FACILITY or MICRO WIRELESS FACILITY, SMALL CELL, SWF

A wireless facility that meets both of the following qualifications: i) each antenna is located inside an enclosure measuring no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and ii) all other wireless equipment associated with the facility measuring no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cutoff switch, and vertical cable runs for the connection of power and other services.

SUPPORT STRUCTURE

A freestanding structure such as a utility pole, monopole, or other existing or proposed structure designed to support or be capable of supporting wireless facilities.

UTILITY POLE

A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications; cable or electric service; or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Town-owned poles. Such term shall not include structures supporting only small wireless facilities.

(b) Purpose and legislative intent.

[1] The Town desires to facilitate small-cell wireless telecommunication infrastructure investment by providing a fair and predictable process for the deployment, while enabling the Town to promote the management of its public ROW in the overall interests of the public health, safety, and welfare. The Town recognizes that wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 911 services to homes, businesses, and schools within the Town, and new technology has increased the need for towers and antennas to serve the Town. The Town further recognizes that SWF often may be deployed most effectively in the ROW. The Town desires to enact a legal framework which will permit the expedited review process for the deployment of such SWF when specified criteria are met and to permit placement of towers and antennas in locations which will allow telecommunications services to be rendered in conformity with both the Federal Telecommunications Act of 1996,[1] and with the goals of local comprehensive plans and zoning ordinances.

[1] Editor's Note: See 47 U.S.C. § 1 et seq.

[2] In enacting this section, the Town is establishing uniform standards to address issues presented by SWF, including, without limitation, to:

[a] Prevent interference with the use of streets, sidewalks, alleys, parkways, and other public ways and places;

[b] Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

[c] Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property;

[d] Ensure reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed;

[e] Protect community aesthetics and visual and historic resources;

[f] Protect against environmental damage, including damage to trees;

[g] Facilitate the installation of SWF to provide benefits of reliable access to wireless telecommunications technology, broadband, and 911 services to homes, businesses, and schools within the Town.

(c) Applicability. This section applies to all existing SWF and all applications and requests for approval to construct, install, modify, co-locate, relocate, or otherwise deploy SWF.

(d) Application requirements.

[1] Special use permit application. All persons wishing to construct, install, modify (except for in-kind replacements of previously permitted SWF), colocate, relocate, or otherwise deploy SWF must submit an application for a special use permit for approval by the Planning Board of the Town of Riga. The Planning Board shall follow the procedures set forth in New York Town Law § 274-b for consideration of the special use permit applications. The SWF special use permit application shall contain the following, to include 17 hard copies and one digital copy:

[a] Letter application and applicable application fee(s). The letter application must contain a detailed description of the proposal, the number of SWFs involved in the subject application, their proposed locations, and a description of the proposed locations, including the zoning districts and nearby land uses. The letter application must also contain the applicant's name and contact information, as well as the names and contact information for all consultants acting on behalf of the applicant, if any.

[b] Owner's authorization and/or evidence of property rights. The applicant must demonstrate it has adequate real property rights for the installation and maintenance of the SWF. This would include, but not be limited to, owner authorization, an easement, a lease, and/or a license issued pursuant to this section. The applicant bears all risk that it has the legal right to construct the SWF in the designated location.

[c] Project plans. The applicant must provide a fully dimensioned site plan and elevation drawings prepared and sealed by a New-York-licensed engineer showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed SWF with all proposed transmission equipment and other improvements and the legal boundaries of the leased, licensed, or owned area in the general vicinity surrounding the proposed SWF and any associated access or utility easements.

[d] Site photos and photo simulations. The applicant must provide photographs and simulations that show the proposed SWF in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the photo location of each view angle. These simulations must indicate both location of the proposed SWF as well as design aesthetics that reflect compliance with this section.

[e] RF compliance demonstration. The applicant must provide an RF exposure compliance report prepared and certified by a New-York-licensed engineer acceptable to the Town that certifies that the proposed SWF, as well as any co-located SWF, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels [in watts effective radiated power ("ERPP")] for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of the areas with RF exposures in excess of the controlled/occupations limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site in accordance with FCC requirements, if applicable.

[f] Acoustic analysis. The applicant must provide a written report that analyzes acoustic levels for the proposed SWF and all associated equipment. The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturer's specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. This requirement may be satisfied by providing manufacturer's specifications of the SWF demonstrating that the equipment does not generate noise, or generates noise at an imperceptible level.

[g] Project purpose statement/need demonstration. The applicant must provide a written statement that includes:

[i] A description of the technical objectives to be achieved, including the services to be offered and/or improvement of existing services;

[ii] An annotated topographical map that identifies the targeted service area to be benefited;

[iii] The estimated number of potentially affected users in the targeted service area; and

[iv] Full-color signal propagation maps with objective units of signal strength measurements that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites (or a statement that the objectives are other than coverage related).

[h] Alternatives analysis. The applicant must list all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or not feasible, unavailable or not as consistent with the design standards. This explanation must include a comparative analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, not feasible, unavailable, or not as consistent with the design standards in this section as the proposed location. This would include an analysis of the siting preferences set forth in this section.

[i] The applicant shall provide manufacturer's information for the SWF and support structure, if applicable.

[j] The applicant shall provide technical specifications of the SWF and support structure, if applicable, and evidence that such structure is capable of handling the addition of SWF.

[k] The applicant shall provide a written maintenance and removal plan, made to and acceptable by the Town, to include an agreement by the applicant and/or owner to remove all the components of the SWF in the event the facility becomes nonfunctional, ceases to be used for its originally intended purposes or is otherwise abandoned, as determined by the Town. The maintenance and removal plan shall remain in full force for the life of the SWF. An acceptable bond and/or surety, for the purposes of removing the SWF, submitted to the Town for review, shall be purchased and remain in force for the life of the SWF.

[l] The applicant shall provide any other items that the Town shall deem necessary for a thorough and complete review of the proposal.

[2] One application required. Although each SWF requires its own special use permit, the applicant need submit only one application regardless of the number of proposed SWF or locations. The Planning Board may, in its sole discretion deny the application, grant the application in full, or partially grant the application by issuing special use permits for only some of the SWF proposed in the application.

[3] Maintenance. Subject to the requirements for the initial application, an application shall not be required for routine maintenance or in-kind replacement, unless otherwise specified within this section. In-kind replacement shall mean replacement of an existing permitted SWF with another SWF of substantially the same dimensions, technology/functionality, and appearance. Any other modifications or replacements of any portion of an SWF shall require an amendment to the special use permit, requiring compliance with all applicable requirements and procedures set forth in this section.

[4] Application fees. The applicant shall pay the Town a fee for review of the special use permit application, in an amount to be determined by the Town Board by resolution which may be amended from time to time by further resolution. Such fees shall be included on the Town's fee schedule.

[5] Third-party professional consultants. The Town, in its sole discretion, may retain third-party consultant(s) to assist in the review of a proposed SWF. The cost of such third-party consulting services shall be reimbursed by the applicant to the Town within 30 days of the Town receiving an invoice for third-party consulting services.

(e) Site location guidelines.

[1] Preferred locations. The Town prefers co-location and siting in industrial/manufacturing and/or commercial business districts as defined in Chapter 95 over residential zoning districts. The Town prefers co-location as opposed to the construction of a new support structure. The Town prefers the siting on existing buildings, provided they are camouflaged or concealed.

[2] Discouraged locations. The Town discourages new support structures and the location in residential zoning districts, although siting in residential districts may be necessary if no alternatives are available to meet the provider's objectives. Where possible, efforts should be made to co-locate or to locate in manufacturing or business zoning districts. If location in a residential zoning district is necessary, techniques to minimize aesthetic impacts are mandatory, including camouflage.

[3] Prohibited locations. The Town prohibits any structures or parts of structures associated with SWF placement from obstructing access to above- or underground traffic control infrastructure, public transportation vehicles, shelters, street furniture, or other improvements, above- or underground utility infrastructure, fire hydrants, doors, gates, or other ingress and egress points to any building appurtenant to the ROW, or any fire escape. Ground-mounted equipment shall not be closer than 12 feet from any permanent object, existing lawful encroachment in the ROW, and driveway aprons.

(f) Design standards.

[1] Construction categories. Each SWF shall comply with the standards set forth for each location type.

[a] Existing support structure or replacement support structure of the same type, size, and height, in the same location.

[i] Equipment. All equipment must be installed as close to the support structure as technically feasible to minimize its visibility from public view to the greatest extent feasible. All conduits, conduit attachments, cables, wires, and other connectors shall be concealed from the public view to the greatest extent feasible. Ground-mounted equipment is not preferred and shall be minimized to the greatest extent feasible. Where used, ground-mounted equipment must incorporate concealment techniques in compliance with the requirements of Subsection L(1)(f)[c].

[ii] Minimum clear height. With the exception of any ground-mounted equipment, no part of the SWF shall be less than 10 feet above grade or the maximum height permitted by the owner of the utility pole as confirmed by the utility pole owner in writing.

[iii] Maximum height. No part of the SWF shall exceed 10 feet above the existing support Structure. Ground-mounted cabinets shall be secured to a concrete slab and shall not exceed three feet in height.

[iv] Maximum volume. The maximum volume of each antenna shall not not exceed six cubic feet.

[v] Maximum equipment volume. The maximum equipment volume shall not exceed 28 cubic feet, or 15 cubic feet for ground-mounted equipment.

[vi] Reservation of rights. The Town reserves its right to request additional information, analysis, studies, including further expert opinion, at the applicant's expense, pertaining to the application and any issues of concern.

[vii] Each SWF shall be on one support structure.

[viii] Each SWF shall be at least 500 feet from another SWF.

[b] New support structure.

[i] Basis. The Town will consider new poles only if the applicant can demonstrate that replacing or utilizing an existing pole is not possible or feasible. Any new poles must meet all Town and other applicable laws.

[ii] Support structure requirements. All applicants shall propose new support structures that complement the community character of the area, and any applicable design guidelines that may exist for the area. When existing utility poles exist, new support structures may feature a similar design and aesthetic. Where no existing utility poles exist, architecturally significant support structures shall be proposed, including, but not limited to, flag poles and decorative light standards.

[iii] Equipment. All equipment must be installed as close to the support structure as technically feasible to minimize its visibility from public view. All conduits, conduit attachments, cables, wires, and other connectors shall be concealed from the public view to the greatest extent feasible. Ground-mounted equipment is not preferred and shall be minimized to the greatest extent feasible. Where used, groundmounted equipment must incorporate concealment techniques in compliance with the requirements of Subsection L(1)(f)[c].

[iv] Minimum clear height. With the exception of any ground-mounted equipment, no part of the SWF shall be less than 10 feet above grade or the maximum height permitted by the owner of the utility pole as confirmed by the utility pole owner in writing.

[v] Maximum height. No part of the SWF shall exceed 50 feet above ground level or 10 feet above the average height of all utility poles within a 500-foot radius, whichever is greater. This is the maximum height and the Town may approve a lesser height depending on the surrounding structures and character. Ground-mounted cabinets shall be secured to a concrete slab and shall not exceed three feet in height.

[vi] Maximum diameter. The maximum diameter of any new poles not intended for public distribution shall not exceed 24 inches at the base.

[vii] Maximum volume. The maximum volume of each antenna shall not exceed six cubic feet.

[viii] Maximum equipment volume. The maximum equipment volume shall not exceed 28 cubic feet, or 15 cubic feet for ground-mounted equipment.

[ix] Installation. Any new poles not intended for public distribution shall:

[A] Be installed as far as practicable off the traveled way;

[B] Meet the height requirements set forth herein;

[C] Not be installed in the ROW unless fixed objects exist at the same or closer distance from the roadway;

[D] Not be any closer to the roadway than any existing pole line;

[E] Be buried with no foundation unless an exception is justified and approved by the Town Engineer or designee; and

[F] To the extent practicable, be located outside of residentially zoned neighborhoods.

[x] Reservation of rights. The Town reserves its right to:

[A] Reject new poles for any of the following reasons: traffic, safety, conflict with existing structure or utilities, conflict with pedestrian or complete street features, or future planned activities. Any notice of denial must be in writing and explain the basis for the denial, and be sent to the applicant and the authority controlling the ROW, if not controlled by the Town of Riga.

[B] Request additional information, analysis, studies, including further expert opinion, at the applicant's expense, pertaining to the application and any issues of concern.

[c] Concealed installation on building.

[i] Equipment. All equipment must be installed such that its visual appearance is consistent with other accessory mechanical and/or building service appurtenances. All conduits, conduit attachments, cables, wires, and other connectors shall match the color of existing building mechanicals or the adjacent building material color. Groundmounted equipment is not preferred and shall be minimized to the greatest extent feasible. Where used, ground-mounted equipment must incorporate concealment techniques in compliance with the requirements of this section.

[ii] Minimum clear height. With the exception of any ground-mounted equipment, no part of the SWF shall be less than 10 feet above grade.

[iii] Maximum height. No part of the SWF shall exceed 10 feet above the building roof or parapet wall. Ground-mounted cabinets shall be secured to a concrete slab and shall not exceed three feet in height.

[iv] Maximum volume. The maximum volume of each antenna shall not exceed six cubic feet.

[v] Maximum equipment volume. The maximum equipment volume shall not exceed 28 cubic feet, or 15 cubic feet for ground-mounted equipment.

[vi] Applications. Applicants must secure an approved building permit.

[2] Engineering requirements. The applicant must provide an installation design prepared by a professional engineer licensed in New York State that demonstrates the pole strength of the pole to be used.

[3] Aesthetic requirements. The character of the neighborhood and the visual quality of the surroundings must be taken into account when installing SWF, whether to new or existing poles. In order to avoid unnecessary adverse visual impacts and to preserve the area in which the SWFs are being installed, and in addition to the conditions set forth above, all SWFs shall meet the following requirements:

[a] Poles and equipment shall be painted in a neutral color that is consistent with other new and existing poles in the general geographic area so as to reduce visual intrusiveness, unless existing surrounding poles are not painted.

[b] Poles shall be constructed of the same or similar material as other new and existing poles in the general geographic area.

[c] Poles shall be constructed in the same or similar shape as other new and existing poles in the general geographic area.

[d] Poles may be camouflaged or disguised as deemed appropriate by the Planning Board.

[e] No artificial lighting is permitted on the pole unless otherwise required by law or permitted e.g., where no existing utility poles exist and a decorative light pole is used with express permission. Any permitted lighting must be consistent in design and bulb type with other lighting fixtures in the general geographic area.

[f] Commercial signage is not permitted on any pole unless already existing at the time of the installation.

[g] Equipment shall be affixed to the pole in a tight, neat, and orderly fashion. Where possible, equipment shall be flush mounted with the pole and in no case shall offset mounting exceed the greater of six inches or the minimum distance permitted by the owner of the pole as confirmed by the owner of the pole in writing. No wires may be loose or dangling, with a preference that the wires be enclosed within the pole where possible.

[h] Equipment shall be consistent in size with the pole of which it is being attached and minimally shall be consistent with the suggested designs shown in the Appendix to this section.[2]

[i] Maximum volume. The maximum volume of each antenna shall not exceed six cubic feet.

[ii] Maximum equipment volume. The maximum equipment volume shall not exceed 28 cubic feet.

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

[i] Ground-mounted equipment shall be minimized to the greatest extent feasible. Where used, ground equipment shall incorporate camouflage techniques matching color and materials of the wireless support structure, unless other materials or colors are approved by the Town. Applications shall include proposed camouflage techniques for ground-mounted equipment, which may include, but are not limited to: strategic choice of color, paint, and/or materials, landscaping, placement in less visible locations, and placement within existing or replacement street furniture.

(g) Waiver. For good cause shown, the Planning Board may grant a waiver of any of the provisions of this section. The burden of demonstrating good cause is on the applicant.

(h) Standard conditions of approval. In addition to any other conditions imposed by the Planning Board, special use permits and approvals by the Code Enforcement Officer for the installation of SWFs shall be automatically subject to the conditions set forth herein. The Planning Board and/or the Code Enforcement Officer shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to allow for the proper operation of the approved facility consistent with the goals of this section.

[1] Approved plans. Before the permittee submits any applications to the Planning Board and/or Building Department, the permittee must incorporate the permit, all conditions associated with this permit and the approved photo simulations into the project plans. The permittee must construct, install and operate the SWF in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction, must be submitted in a written request subject to the Building Department prior to review and approval, which may refer the request to the Planning Board and/or Town Board if it is found that the requested alteration, modification or other change implicates a significant or substantial change to the approved plans or land use concern.

[2] Build-out period. The permit will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct, and/or operate the approved SWFs and commences the installation and construction, which includes, without limitation, any permits or approvals required by any federal, state, or local public agencies with jurisdiction over the subject property, the SWF, or its use. The Town may grant extensions to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 45 days prior to the automatic expiration date in this condition.

[3] Maintenance obligations; vandalism. The permittee shall keep the site, which includes, without limitation, any and all improvements, equipment, structures, and access routes, in a neat, clean, and safe condition in accordance with the approved plans and all conditions in the permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the Town, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee received notice or otherwise becomes aware that such graffiti or other vandalism occurred.

[4] Compliance with laws. The permittee shall maintain compliance at all times with all federal, state, and local statutes, regulations, orders or other rules that carry the force of law applicable to the permittee, the subject property, the SWF or any use or activities in connection with the use authorized in the permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee's obligations to maintain compliance with all applicable laws, regulations, orders, and rules.

[5] Inspections. The permittee expressly acknowledges and agrees that the Town or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the Town may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the Town or its designee while such inspection or emergency access occurs.

[6] Contact information. The permittee shall furnish the Town with accurate and up-to-date contact information for a person responsible for the SWF, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address, and email address. The permittee shall keep such contact information up-to-date at all times.

[7] Rescission of permit for noncompliance. The Planning Board may rescind any permit issued under this section for review at any time due to noncompliance with applicable law or any approval conditions. At a duly noticed hearing and in accordance with all applicable laws, the Planning Board may revoke any such permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

[8] Record retention. The permittee shall retain full and complete copies of all licenses, permits, and other regulatory approvals issued in connection with the SWF, which includes, without limitation, all conditions of approval, approved plans, resolutions, and other documentation associated with the license, permit, or regulatory approval.

(2) Conditions applying to small wireless facilities located in the Town ROW.

(a) Applicability. The contents of this Subsection L(2) are applied in addition to the contents of Subsection L(1), Conditions applying to all small wireless facilities, for applicants proposing SWF located in the Town ROW.

(b) License. Where the proposed SWF is in the Town ROW, before any application may be submitted, a nonexclusive license to place the SWF is required. No SWF is allowed in the Town ROW unless first a nonexclusive license is obtained from the Town by the applicant.

[1] No exclusive, irrevocable property right or any other interest is created by the license. There is no right to convey, express or implied, with the license.

[2] The license may not be assigned, except upon written consent of the Town, which shall not be unreasonably withheld, provided the assignee assumes all obligations of the license, agrees to abide by its terms, in writing, and meets all other criteria as set forth in this section.

[3] A general license will be granted per applicant for all Town ROWs provided that the applicant meets the requirements for such a license.

[4] An applicant shall demonstrate the entitlement to use the land for the designated purpose e.g., through demonstration that the Town owns the fee of the highway at issue, through the grant of an easement or a pole attachment agreement, and/or other legal mechanism that may be applicable. The applicant bears any and all risk that it has the legal right to construct the SWF in the location that it has chosen.

[5] The license agreement shall be in the general form as developed by the Town.

[6] Each license agreement is subject to approval by the Town Board.

[7] By issuance of a license, the Town does not represent or warrant title or ownership of the ROW. The applicant proceeds at its own risk.

[8] Indemnification. Any license agreement shall contain indemnification provisions, indemnifying the Town for the licensee's use of the Town ROW and related activities, to the maximum extent permitted by law.

[9] Performance bond/surety. Any license agreement shall contain the requirement that the licensee provide a performance bond or other appropriate surety, as approved by the Town Board, in an amount equal to or greater than a written estimate from a New-York-licensed engineer with experience in SWF removal. The written estimate must include the cost to remove all equipment and other improvements, which includes, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether aboveground or below ground, constructed or installed, in connection with the SWF. In establishing or adjusting the bond amount required under this condition, and in accordance with New York Code, the Town shall take into consideration information provided by the licensee regarding the cost to remove the wireless facility.

[10] The license shall require compliance with this section, as may be amended by the Town Board.

[11] Insurance. Without limiting the indemnification provision herein, and in addition to the performance bond required herein, the license agreement shall contain a requirement that the licensee procure, at licensee's expense, insurance in an amount sufficient, as determined by the Town Board, with the Town named as an additional insured.

(c) Rates and fees. In addition to the fees outlined in Subsection L(1)(d) of this section, the following fees apply for SWF to be located in the Town ROW:

[1] License review fee. The applicant shall pay the Town a license review fee upon execution of the license, in the amount to be determined by the Town Board by resolution, which may be amended from time to time by further resolution. This amount shall be added to the Town's fee schedule.

[2] ROW authorization fee. A wireless provider authorized to place SWF in the ROW shall pay the Town a one-time authorization fee in an amount to be determined by the Town Board by resolution, which may be amended from time to time by further resolution. SWF in the Town ROW and on a Town-owned support structure or utility pole will pay an additional charge. Construction of a new pole will include an additional charge. This amount shall be added to the Town's fee schedule.

[3] Annual license fee. A wireless provider authorized to place SWF in the ROW shall pay to the Town an annual license fee in an amount to be determined by the Town Board by resolution, which may be amended from time to time by further resolution. This amount shall be added to the Town's fee schedule.

§ 95-74 Signs.

[Added 3-13-2000 by L.L. No. 1-2000]

A. Legislative intent and purpose. The regulations, controls and standards for signs and outdoor advertising set forth in this section are made in accordance with a considered plan and program for safeguarding the public safety, preserving and protecting property values, enhancing and protecting the character of the community and advancing the general welfare of the Town of Riga. This section is intended to:

(1) Aid in traffic safety by preventing visual distractions and the obstruction of directional signs and traffic control devices and the view of vehicular and pedestrian traffic.

(2) Preserve and protect property values by controlling visual pollution and other public affronts to aesthetic sensibilities presented by unregulated outdoor signage.

(3) Maintain and preserve the predominantly rural, agricultural, open character of the Town of Riga by controlling the size, location and lighting of sign structures which are intrusive, discordant and inconsistent with that character.

(4) Lessen congestion of land and air space.

(5) Establish standards for the erection and maintenance of signs which are compatible with the nature and scale of business and commercial activity and development within the Town of Riga.

(6) Encourage the proper identification of businesses and services, for the information of the public.

(7) Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.

(8) Protect the rights of property owners and other citizens of the Town of Riga to engage in free speech activities and the communication of commercial and noncommercial messages.

(9) Otherwise provide for the safety and general welfare of the community.

B. Definition of terms. Various terms, as used in this section, are defined in § 95-14 of this chapter.

C. Existing signs. Signs or billboards erected or maintained prior to the effective date of this section, and not complying with this section, are nonconforming uses and/or structures and are subject to Article XI, Nonconforming Uses, Structures and Lots, of this chapter. Notwithstanding the foregoing, any existing sign shall comply with the provisions of Subsection D(3), (4), (11) and (13) below, and any noncomplying sign shall be removed or brought into compliance within 60 days of the effective date of this section.

D. General regulations and prohibitions. Signs are permitted in the Town of Riga only in accordance with the provisions of this § 95-74. The following regulations and prohibitions shall apply throughout the Town of Riga:

(1) Signs (and specifically billboards), as a primary, nonaccessory use, are not a permitted use or special use in any district. Signs are permitted as an accessory use or structure only, in accordance with the provisions of this section.

(2) No commercial sign shall contain information directing attention to any business, product or service not conducted at or available from the premises on which such sign is located, except for directional signs permitted under Subsection E(7) below and event signs permitted under Subsection E(9) below; provided, however, that this restriction shall not be interpreted in any way so as to limit or regulate the content of any noncommercial sign or message, so long as such sign otherwise complies with the provisions of this § 95-74.

(3) No sign shall be erected or maintained in such manner as to obstruct the view of any authorized traffic control or directional sign or device, or so as to obscure or obstruct the view of vehicle operators or pedestrians, whether at an intersection or otherwise. No sign shall be erected or maintained which would, by reason of its position, shape, color, wording content, illumination or location, mislead or confuse any vehicle operator because of similarity, resemblance or proximity to any authorized traffic control or directional sign or device.

(4) No sign, permanent or temporary, shall be erected or maintained within any public right-of-way, including any sign which overhangs or extends into the public right-of-way. This prohibition, and the provisions of this § 95-74, shall not apply to traffic control and directional signs or devices, and public information signs or devices (such as historical markers), placed or authorized by any federal, state, County or municipal agency or public utility. This prohibition also shall not apply to duly licensed trucks, trailers and other vehicles bearing the name, logo or other advertising of the company owning or operating such vehicle, or bearing any noncommercial message, so long as such vehicle is operated in compliance with all applicable vehicle and traffic and parking regulations and otherwise does not remain stationary within any right-of-way for any period of time exceeding 24 hours.

(5) No sign shall be illuminated by or contain any flashing, intermittent, rotating, animated or moving light or any light of varying intensity. Any light employed in or used to illuminate a sign, including a ground spotlight or searchlight intended to attract attention to a particular business or event, shall be so placed and directed as to not shine or beam upon any street, highway, sidewalk or adjacent premises and so as to avoid any glare or reflection that may constitute a traffic hazard or create a public nuisance.

(6) Any illuminated or lighted sign shall be illuminated or lit only at such times as the use to which it is accessory is actually open for business, except where such sign is located within a Highway Commercial, LI Light Industrial Park or GI General Industrial District, in which case any illumination or lighting shall be so designed, installed and maintained so as to not directly shine on any property within any district other than a Highway Commercial, LI Light Industrial Park or GI General Industrial or on any property occupied as a residence.

(7) No sign shall have attached to it any banner, pennant, pinwheel, streamer or other moving, fluttering or revolving device.

(8) No sign shall extend or project above the uppermost roof line of a building or structure (except as permitted with respect to pump island canopies for motor vehicle service stations), or, if a wall-mounted sign, beyond the extremities of such wall, nor shall a sign be painted or otherwise displayed upon any roof or roof-mounted structure, equipment or device.

(9) No sign shall be painted or otherwise displayed upon any fence, rock, tree or other natural feature, or upon the surface of any parking lot or driveway, except for the purposes of traffic direction and control, as otherwise permitted in this § 95-74.

(10) No sign shall be erected or maintained in such manner as to obstruct or interfere with the use of any door, window, fire escape or other means of egress from a building or structure.

(11) Any sign containing electrical wiring shall comply with the provisions of the National Electrical Code, and all electrical components shall bear the label of an approved testing agency.

(12) Every sign shall be erected, constructed or installed in conformance with all applicable building and fire prevention codes, rules and regulations. A sign permit and/or site plan approval, in accordance with the provisions of Subsection G(1) of this section, shall be required before the erection, installation or display or any sign, except as may be otherwise provided herein.

(13) Every sign, including any structural supports, shall be maintained at all times in good repair and in a neat, safe and structurally sound condition. Display surfaces shall be kept neatly painted at all times. Replacement of defective or worn parts or structural elements, repainting and cleaning shall be performed as required for proper maintenance under this subsection.

(14) No sign shall be erected or maintained within 10 feet of any lot line.

(15) The regulations of this § 95-74 shall be in addition and supplementary to any sign regulations relating to specific uses and appearing elsewhere in this chapter.

E. Permitted signs in all districts. Subject to the regulations and requirements otherwise set forth in this section, the following signs are permitted in all districts, without a permit:

(1) Signs not exceeding 11/2 square feet in cumulative area, for each lot, principal building or occupancy, bearing property or post box numbers and/or names of occupants of premises.

(2) Signs not exceeding two square feet in area regulating the use of property, such as "No Hunting," "No Trespassing," "No Solicitors," or identifying the name and telephone number of a company providing security or fire protection services to the property, provided that the number of such signs posted with respect to any lot shall be limited to one for each 100 linear feet of the lot line encompassing such lot.

(3) Signs not exceeding 16 square feet in area for any face, or 32 square feet cumulative for all faces, advertising the availability for sale, rental or lease of a lot, building or part of a building. Only one sign shall be permitted for each lot, building or occupancy.

(4) Signs not exceeding 16 square feet in area for any face, or 32 square feet cumulative for all faces, advertising the sale of customary agricultural products grown or produced on the property by the owner or occupant. More than one sign shall be permitted for each lot so long as the cumulative area of all sign faces does not exceed 32 square feet.

(5) A nonilluminated sign not exceeding 32 square feet for each subdivision, development or construction site, identifying the name and nature of the development, the owner and/or proposed occupant, contractors and subcontractors involved in the development and any governmental agencies, including officers or members thereof, or financial institutions having a significant relationship to the project. Two such signs are permitted on sites larger than five acres in single ownership fronting on two or more streets. Any such sign shall be subject to approval by the Planning Board as part of the site plan or subdivision review process. No such sign shall be installed until the Planning Board has granted final subdivision plat or final site plan approval, or until a valid building permit has been issued, whichever first occurs. All such signs must be removed within three months after occupancy of the project or three years after installation, whichever first occurs.

(6) Signs not exceeding one square foot in area, directing and guiding traffic for ingress and egress, internal circulation, parking and loading and unloading facilities. For the purposes of this subsection, the definition of "sign" shall not be interpreted to include traffic control legends ("Stop," "Right Turn Only," etc.), arrows or other traffic control devices painted or otherwise applied to the surface of a driveway or parking lot. For new commercial or industrial construction or uses, or expansion of existing commercial or industrial structures or uses, all such signage shall be subject to approval by the Planning Board as part of the site plan review process.

(7) Official signs, notices or direction devices erected or maintained by any federal, state, County or local government or agency, whether on-site or off-site; off-site identification and/or directional signs for churches, hospitals, schools, libraries, recreation uses, community centers and other public facilities permitted as a special permit use under § 95-25C, and for civic or service organizations, whether individual or displayed in a group with such signs for other similar uses or organizations, provided that individual signs shall not exceed two square feet in area.

(8) A sign not exceeding 40 square feet for each church, library, community center, hospital or nursing home, public or private school (but not including business, dancing, trade, technical or similar school) or cemetery.

(9) Temporary signs, in addition to any signs otherwise permitted pursuant to this § 95-74, in accordance with the following:

(a) No such sign shall be illuminated.

(b) Not more than one temporary message or event sign shall be displayed on any lot by the owner or occupant thereof.

(c) No such sign shall exceed 16 square feet in area for any face or 32 square feet cumulative for all faces.

(d) No such sign shall exceed a height of six feet measured from grade level.

(e) No event sign shall be erected more than 20 days in advance of the date of the event promoted, and all such signs shall be removed within seven days following the last day of such event. Message signs may be erected at any time.

(f) Not more than 20 event signs may be erected within the Town with respect to any one event or activity.

(g) Portable signs may not be placed, located or maintained on any lot for more than 30 days in any one calendar year.

(10) Any sign permitted pursuant to Subsection E(3), (4), (5) or (8) above may also display any public interest or other noncommercial message or information not otherwise prohibited by law, so long as the specified maximum area of such sign is not exceeded.

F. Permitted signs for commercial or industrial uses. In addition to signs permitted in all districts under Subsection E above, and subject to the regulations, and requirements otherwise set forth in this § 95-74, the following signs are permitted in the HC Highway Commercial, LI Light Industrial Park and GI General Industrial Districts, and in connection with any commercial use permitted (as a permitted use or special permit use) within the RA Rural Agricultural District, following the issuance of a permit in accordance with Subsection G(1) below, except that a permit shall not be required for any sign approved by the Planning Board as part of the site plan or subdivision review process:

(1) One sign for each building or occupancy, placed flat against the building or attached to structurally sound standards (freestanding). The cumulative area of all such signs for any lot shall not exceed 1/2 square feet of sign area for each linear foot of lot frontage on a public street, but not exceeding one hundred square feet. Where there is lot frontage on more than one street, the permitted square footage figure shall be calculated for each street, and one such sign per building or occupancy shall be permitted for each street, so long as the total cumulative area of all such signs does not exceed the limits set forth above. Freestanding signs shall not be more than 24 feet in height or be located closer than 25 feet to any lot line.

(2) One freestanding sign identifying a group of establishments or offices developed as a unit, such as a shopping center, office complex or industrial park, in addition to permitted sign areas for individual buildings and occupancies pursuant to Subsection F(1) above. Any sign permitted by this Subsection F(2) shall not contain the names of individual establishments or offices and shall not exceed 100 square feet in area. No such sign shall be more than 24 feet in height or be located closer than 25 feet to any lot line.

(3) For motor vehicle service stations, the following signs are permitted:

(a) The sign(s) permitted pursuant to Subsection F(1) above may be located above pump island canopies, but such signs shall not exceed a height of four feet above the top of the canopy, and the bottom of the sign shall not be more than one foot from the top of the canopy.

(b) One freestanding sign, in addition to the sign(s) permitted pursuant to Subsection F(1) above, but any such sign shall not exceed 32 square feet in area nor be more than 24 feet in height and shall be set back from the lot line a minimum of 25 feet.

(c) Accessory signs indicating services and products available on the premises, and prices and trade information relating thereto, but such signs shall not cumulatively exceed eight square feet per pump island.

(4) Any sign permitted under this Subsection F may be used for the display of any noncommercial or public interest message or information not otherwise prohibited by law, so long as the specified maximum area of such permitted signs is not exceeded.

G. Administration and enforcement.

(1) Permits.

(a) Except where a sign is approved by the Planning Board as part of site plan or subdivision plat review, or except as otherwise provided in this section, a permit shall be required for the erection, construction, display, enlargement or alteration of any sign. No permit shall be required for the repair, maintenance, cleaning or painting of any sign, or for the changing of any copy or logo or other content of a sign, so long as there is no structural or design change.

(b) Application for any permit required pursuant to this section shall be made by the property owner or lessee, sign erector or his or her authorized agent to the Zoning Enforcement Officer, on forms prescribed for that purpose, giving the name, address and telephone number of the applicant and of the owner, if different from the applicant, and the location of the lot and/or building where the sign or alteration thereof is proposed. The application shall be accompanied by a scale drawing of the proposed sign or alteration, showing dimensions, design, illumination, colors, materials and structural details, and by a survey or plot location map showing the placement of the sign on the lot in relation to any buildings or structures, lot lines, driveways and parking areas, streets and sidewalks, fences, trees and other features, and the dimensions of the lot. If the applicant is not the owner of the property, the consent of the owner to the application shall be evidenced by his written, notarized statement.

(c) Permits are not transferrable. Any sign permit shall become null and void if the work for which the permit was issued is not started within a period of six months after the date of issuance.

(2) Area of signs. For the purpose of calculating applicable fees, as well as determining compliance with the maximum area restrictions under this section, the total area of both sides of a double-sided sign shall be measured. The area of irregularly shaped signs or of signage consisting of a series of individual letters or panels shall be calculated by using the area of the smallest rectangle completely encompassing the shapes.

(3) Enforcement. In the event that any sign is or shall become unsafe, unsightly, damaged, deteriorated or in danger of collapse, the Zoning Enforcement Officer may give written notice to the owner of the lot where such sign is located, specifying the particulars in which such sign is in violation of this section or any other applicable law, code, rule or regulation, and of the time period, not less than 30 days, within which such sign shall be brought into compliance or removed. If the sign is not brought into compliance or removed within such thirty-day period, the Zoning Enforcement Officer shall be authorized to charge the owner thereof with a violation of this chapter or to cause the removal and demolition of the sign, or both. In the event that the Zoning Enforcement Officer causes the removal of the sign, the cost of such removal shall be charged against the property on the assessment rolls of the Town.

§ 95-75 Motor vehicle service uses.

[Added 3-13-2000 by L.L. No. 1-2000]

A. The regulations of this section shall apply to any motor vehicle service station or repair garage, towing service, body or paint shop or vehicle assembly operation, except that this section shall not apply to repair facilities or body or paint shops maintained and operated as an accessory use to an authorized motor vehicle sales establishment otherwise complying with the provisions of this chapter. In addition to compliance with this section, such uses are subject to site plan approval under Article IX of this chapter and, if required by the regulations applicable to the individual districts, grant of a special use permit under Article VII.

B. Operations to be enclosed or screened. All service, repair, painting or assembly activities, other than emergency repairs or such minor servicing as the sale of gasoline or oil, or the replacement of batteries, bulbs or headlights, wiper blades and the like, shall be conducted in a fully enclosed structure or completely screened from view from any adjacent public right-of-way or adjoining residential property. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times, but it shall be construed to mean that no lifts or pits, or other equipment for the service, assembly or repair of vehicles, shall be located or maintained anywhere on the premises except in a fully enclosed structure or fully screened from view as provided above. No service, repair, painting or assembly activities shall take place within any required buffer area or in any required front yard area.

C. Storage to be screened.

(1) The storage of the following shall be permitted only within an enclosed structure or when completely screened from view from any adjacent public right-of-way or from any adjoining residential property:

(a) Any dismantled or unassembled vehicles (including trailers), and any parts or supplies, including but not limited to tires, batteries and other motor vehicle accessories, whether for sale or as removed from vehicles or awaiting use in assembly or repair operations.

(b) Waste, rubbish or refuse resulting from any operations on the premises, debris from dismantled vehicles, junked or used tires, parts or oil and dumpsters or other containers for the storage of such materials.

(2) Notwithstanding the foregoing, no dismantled or unassembled vehicles, debris from dismantled vehicles, junked or used tires or batteries or discarded motor vehicle parts, used oil or other waste, rubbish, refuse, debris or other discarded items shall be permitted to remain on the property for more than 30 days, and there shall be pickup and disposal at least monthly of any such materials.

(3) No storage, as described in this Subsection C, shall take place within any required buffer area or in any front yard area.

D. Screening requirements. Any screening required by Subsections B and C above shall consist of a solid fence or wall (such as stockade or chain link with inserts blocking the view), dense plantings or any combination of such materials as shall accomplish the objective of fully screening the view of such items from any adjacent public right-of-way or any adjoining residential property. All such screening shall be subject to review and approval by the Planning Board, as part of any special permit use and/or site plan review process, and the Planning Board is authorized to modify these requirements and/or impose additional requirements so that the purpose of these requirements is achieved in light of individual circumstances.

E. Vehicle parking. The parking of vehicles (including trailers) on the premises shall be subject to the following:

(1) No vehicle shall be parked within any public right-of-way or within any required buffer area.

(2) The number of vehicles which may be parked outdoors overnight, whether awaiting scheduled service or repair, or assembly or installation of equipment, or having been serviced, repaired or assembled, shall be limited to five per service or repair bay, and such outdoor parking of any specific vehicle shall not exceed 30 days. For the purposes of this subsection, "service or repair bay" shall be interpreted to mean a defined space within an enclosed structure designed and equipped for the servicing or repair of a motor vehicle. This Subsection E(2) shall not apply to the display for sale of new or fully operable used vehicles by a duly licensed new or used motor vehicle dealer.

(3) Abandoned or inoperable vehicles (including trailers) shall be parked in a fully enclosed structure, unless awaiting scheduled service or repair under Subsection E(2) above or unless subject to the provisions of Subsection E(4) below.

(4) Any vehicle impounded or towed to the premises, whether at the direction of any police or other governmental agency or otherwise, shall be removed from the premises no later than 6:00 p.m. of the fifth full day (excluding Sundays and legal holidays) following the day that such vehicle was delivered to the premises, unless parked in a fully enclosed structure or completely screened from view as provided in Subsection E above or unless awaiting scheduled service or repair under Subsection E(2) above.

(5) All vehicles shall be parked in an orderly fashion so as to permit the free circulation of vehicles and so as to at all times preserve access to the premises by emergency vehicles.

F. Lighting. All exterior illumination shall be placed and maintained so as to direct the light away from adjoining properties or public rights-of-way.

G. Hazardous materials. All flammable liquids or hazardous materials, including fuel and paint, shall be stored and maintained strictly in accordance with applicable federal, state, County and local laws, ordinances, codes, rules and regulations.

H. Residential property. For the purposes of this section, "residential property" shall include property either zoned RA Rural Agricultural under this chapter or whose primary use is residential.

I. Compliance. Any motor vehicle service use, as described in Subsection A of this § 95-75, existing at the time of enactment of this section, shall fully comply with all of the requirements of this section within 60 days of the effective date hereof, except as to screening and buffer areas, but shall not be required to apply for a special use permit or site plan approval. Any existing motor vehicle service use which does not comply with the requirements of this § 95-75 as to screening and buffer areas, but otherwise complies with the requirements of this section, shall be deemed a preexisting nonconforming use and subject to the provisions of Article XI, Nonconforming Uses, Structures and Lots, of this chapter. Notwithstanding the foregoing, in the event of any addition, modification, expansion or change to such an existing use or structure, requiring site plan approval hereunder, and/or a building permit, full compliance with all requirements of this section shall be required in conjunction with such addition, modification, expansion or change.

§ 95-76 Wind energy facilities.

[Added 2-13-2007 by L.L. No. 1-2007]

A. Legislative intent. Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners and the general public.

B. Definitions. In addition to the provisions of §§ 95-14 and 95-73 and the terms defined therein, as used in this section, the following terms shall have the meanings indicated:

ANCILLARY

Any structure or component other than the tower necessary for the efficient operation of the wind energy facility.

ATTACHMENTS

Attachments to the tower shall be limited to those defined in this section unless dictated by federal, state or local law.

COMPLEX

A complex shall be defined as the location of one or more industrial wind turbines.

INDUSTRIAL WIND TURBINE

A wind turbine, the sole purpose of which is to convert the kinetic energy of wind to electricity via rotors and nacelles designed and operated to sell or provide the generated electricity to a power grid system and not directly to consumers.

MAINTENANCE ACCESS

Preventative maintenance to the nacelle or rotor must be limited to the interior passageway of the tower. Replacement of the nacelle or rotor may be accomplished by use of a crane as necessary.

TURBINE

Any tower, pole or structure that converts wind energy to electricity, often referred to as windmills, shall be identified as turbines in this section.

WIND ENERGY CONVERSION SYSTEM

(1) A turbine up to a maximum of 30 kw consisting of a rotor with blades connected to a generator situated on a tower that's purpose is to convert wind energy to electricity to supplement or provide power to a residence, business or farm.

(2) For the purposes of this section, a "wind energy conversion system" is deemed to be an accessory structure as defined in the zoning ordinance; provided, however, that it is customary and incidental on the same lot with a permitted structure.

WIND ENERGY FACILITY

Any wind energy conversion system or industrial wind turbine, including all related infrastructure, electrical lines, substations, access roads and accessory structures.

C. Conflicts or inconsistent provisions. In the event of any conflict or inconsistency between the provisions of this section and the provisions of any other portion of this Zoning Law, or the provisions of any other applicable regulation, ordinance or laws; the more restrictive provisions shall control, except for the wind energy facilities which are governed by the provisions of this section.

D. Compliance with State Environmental Quality Review Act. All applications are subject to compliance with the State Environmental Quality Review Act[1] and § 95-8A of the Riga Town Code.

(1) For a wind energy conversion system, the short EAF may be initially used by the property owner. The Planning Board shall have the right to request that a full EAF be completed as a part of the approval process if the application is classified as unlisted.

(2) With respect to site plans for industrial wind turbines, all costs associated with this process shall be borne by the applicant.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

E. Wind energy facilities permitted by special use permit only. No person, firm or corporation being the owner or occupant of any land or premises within the Town shall use or permit the use of said land or premises for the construction of a tower for energy-deriving purposes without first obtaining a special use permit and site plan approval.

(1) A wind energy conversion system will be permitted in any district in the Town, except EPO, only upon issuance of a special use permit and final site plan approval by the Town of Riga Planning Board in accordance with the provisions of Article VII, Special Uses and Article IX, Site Plan Approval, of this chapter.

(2) An industrial turbine or complex shall not be placed in districts zoned as RA, MHP, EPO, FW or Empire Zones.

F. Application of special use regulations.

(1) No wind energy facility shall be erected, moved, reconstructed or altered after approval and issuance of a special use permit in conformity with this section's regulations. No existing tower or other structure shall be modified to support a turbine, nor may any other devices be attached to a turbine tower without first applying for a special use permit under the applicable provisions of the Town Code.

(2) An application for a wind energy facility in a RA District for a single residence and or farm use shall be considered an application for an accessory structure. An accessory structure is to be on the same lot and customarily and incidental to the primary use of a permitted structure.

G. Public notices.

[Amended 9-10-2008 by L.L. No. 4-2008]

(1) No action shall be taken by the Planning Board to issue a special use permit or to issue preliminary site plan approval, nor by the Zoning Board of Appeals to grant use and area variances, without first holding a public hearing. Proper notice of a hearing before the Planning Board shall be given in accordance with § 95-37 of the Town Zoning Code. In addition, in the case where there are telecommunication facilities as per § 95-73 of the Town Zoning Code, the applicant shall be responsible for notifying by certified mail, returned receipt requested, all owners of such facilities within 3,000 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing at least 10 days prior to such hearing. At least seven days prior to such a hearing, the applicant shall file with the Planning Board his or her affidavit of mailing such notices together with receipts evidencing mailing of said notices. Failure to receive such notice shall not be deemed a jurisdictional defect.

H. Special use standards and requirements.

(1) Application and site plan.

(a) Any applicant for a wind energy facility special use permit shall make written application to the Planning Board, which shall include the information otherwise required by this Zoning Ordinance, i.e., the property address, name, address and telephone number of the applicant, agent, property owner and, if the applicant is not the property owner, a letter or other written permission signed by the owner confirming that the owner is familiar with the application and authorized submission of the same and a description of the project, including the number and maximum rated capacity of the wind turbine. For all wind turbines, an applicant shall be required to submit a site plan as described in Article IX of this chapter, which site plan sets forth specific data on a map, acceptable in form and content to the Planning Board, which shall be prepared to scale and in sufficient detail and accuracy in compliance with the requirements of Article IX, showing at a minimum the following:

[1] The location of property lines and permanent easements.

[2] The location of proposed wind energy facility, together with guy wires and guy anchors, if applicable, and elevation.

[3] A side elevation sketch of the wind turbine tower showing the rotor blades.

[4] The location of all structures on the property, trees exceeding four inches in diameter measured at a height of four feet off the ground, and other significant and/or unusual features on the property and any adjacent landowners within 500 feet of the property.

[5] The names of adjacent landowners.

[6] The location, nature and extent of any proposed fencing, landscaping and/or screening.

[7] The location and size of structures above 35 feet located within a five-hundred-foot radius of the proposed wind turbine. For the purposes of this requirement, electrical transmission lines, antennas and open towers (other than turbines) are not considered structures.

[8] To demonstrate compliance with the setback requirements, circles shall be drawn around each turbine equal to 1 1/2 the tower height with blades, the five-hundred-foot perimeter and, if an industrial wind turbine, the one-thousand-foot perimeter if within the property lines.

(b) The site plan shall also include or there shall be a separately submitted confirmation in writing by the installer or utility supplier of the proposed wind turbine that all transmission lines from the meter of the home, business or farm structure, including approved easements, if required, are acceptable. Underground transmission lines must be shown on the site plan and, for a wind energy conversion system, be at least four feet below ground level unless otherwise requested by the Planning Board.

(c) In the case of an industrial turbine or complex, the site plan shall include a completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.

(d) In addition to other site plan requirements, an application for a wind energy facility shall include all information prepared by the manufacturer of the tower for the application for which a special use permit is being sought, including but not limited to the following:

[1] The make and model of tower to be erected.

[2] The manufacturer's design data for installation instructions and construction plans.

[3] The applicant's proposed tower maintenance and inspection procedures.

[4] The applicant's maintenance and inspection records system.

[5] Anti-climb devices for the tower and any guy wires.

[6] The distribution to the structure or residence, power specifications and grounding.

(2) Except as provided for below, no more than one wind energy conversion system shall be allowed and only then only on a legally approved lot within the Town. No existing lot may be subdivided solely for the purpose of obviating this provision.

(3) Farms that are at least 150 acres and generate at least $10,000 in gross sales may apply for two wind energy conversion systems, provided the farm operator submits statistical evidence supporting the need for additional power generation to the satisfaction of the Planning Board. All other regulations of this section must be observed.

(4) The maximum height for wind energy facilities permitted under this section shall be as follows:

(a) A wind energy conversion system shall not exceed a total height of 150 feet as measured from ground level to the tip of a blade in the up (i.e., vertical) position and otherwise complies with all other regulations in this section.

(b) The height of an industrial turbine as measured with a blade tip up shall be a maximum of 225 feet as measured from ground level to the tip of a blade in the up (i.e., vertical) position and otherwise complies with all other regulations in this section.

(5) Setbacks and location.

(a) A wind energy conversion system shall be located in rear yards of residences and to the rear of business or farm structures.

(b) The setback from the front property line and the minimum distance between any wind turbine tower any structure shall be calculated at 1 1/2 times the height of the tower including the rotor blades. The side and rear property line setback shall be calculated at 1 1/10 times the height of the tower including the rotor blades.

(c) For a complex, the distance between turbines must be at least 500 feet.

(d) To minimize segmenting of land plots and fields, all turbines in rows or randomly placed shall be placed at 1 1/2 times the total tower height (blade tip up) from all lot lines, providing all setback restrictions in this Zoning Ordinance are adhered to on all sides of the lot lines.

(6) Safety.

(a) The site plan shall detail the means of access and all security and safety fencing proposed.

(b) Wind turbine towers shall not have any climbing pegs lower than 15 feet above the ground.

(c) All access doors to wind turbine towers and electrical equipment shall have locks.

(d) Warning signage as approved by the Town Building Inspector shall be placed on wind turbine towers, electrical equipment and wind energy facilities entrances.

(e) The minimum distance between the ground and any part of the rotor blade system shall be at least 30 feet.

(f) The turbine must be equipped with an automatic braking system to prevent over-speeding of the blades during periods of high wind speeds.

(7) (Reserved)[2]

[2] Editor's Note: Former Subsection H(7), Insurance, was repealed 9-10-2008 by L.L. No. 4-2008.

(8) Noise. A wind energy conversion system shall be located so that the noise level produced by the operation shall not exceed 50 dBA measured at all property lot lines. Proof of compliance (both before and after construction) with this requirement by a written independent certification shall be the applicant's responsibility.

(9) Lighting. No tower shall be lit except to comply with FAA or other federal, state or local laws or regulations. For industrial wind turbines, minimum security lighting for ground-level facilities shall be allowed as approved by the Planning Board.

(10) Signs. No advertising signs are allowed on any part of the wind energy facility, including fencing or support structures.

(11) No radio, television or other communication device or antenna may be affixed or otherwise made a part of a wind energy facility without the issuance of a special use permit as allowed or pursuant to Town Code.

(12) Construction of any wind energy facility shall be limited to the hours of 7:00 a.m. to 7:00 p.m. except for emergency activities, unless otherwise approved by the Town.

I. Special requirements for industrial wind turbine or complex. In addition to the above requirements, the following shall apply to all industrial wind turbines or complexes whose purpose is to generate electricity for wholesale to a major grid system for transmission where needed, including multiple turbines placed in tandem in complexes. The generated power is fed to a substation that is connected to a major grid distribution system.

(1) Any application for an industrial wind turbine or complex must be by special use permit filed with the Town of Riga Planning Board and shall comply with the requirements of § 95-76H. Pending its analysis, the Planning Board maintains the right to require the applicant to provide a more detailed visual analysis of the project area.

(2) In addition to the above required data, the following shall also apply:

(a) At its discretion, the Town reserves the right to hire consultants to evaluate and make recommendations to any suspect areas of the application as they see fit. All consultant fees shall be borne by said applicant(s). To assure compliance, the applicant(s) must advance to the Town a fee of $1 per foot of the height of each turbine to cover any costs incurred by the Town for consultant or incidental costs. If these initial fees do not cover said costs, the applicant(s) shall be billed at that time; payment shall be made within 21 days. Failure to timely pay the fees will void the application.

[Amended 9-10-2008 by L.L. No. 4-2008]

(b) In addition to the notices as required under the Town Code, should any county, state or federal regulation require additional notices, publication of public hearings or referendum, the same shall be at the sole cost of the applicant.

(3) Attachments. The following must be attached to each turbine tower:

(a) All towers must be properly grounded and meet all electrical code standards required by the National Electrical Code.

(b) A warning sign approximately 10 inches by 12 inches of an appropriate color containing the language "WARNING-HIGH VOLTAGE-STAY AWAY" or such other language as approved by the Town Building Inspector.

(c) A legible sign listing a 24-hour emergency telephone number of the owner and lessee, if any.

(d) In a complex, each tower must be identified by a number (i.e., 1, 2, etc.) shown on an identification sign. These tower numbers must be in their exact location on the complex layout map filed with the Town of Riga. In addition, map copies in a layout of 8 1/2 inches by 11 inches, encased in a permanent waterproof sheath, (two per each) need to be provided to Office of the Town of Riga Building Inspector, as well as the Churchville, Bergen and Clifton Volunteer Fire Departments.

(4) Industrial wind turbine construction requirements. Whether a single or multiple facility of industrial wind turbines, the National Electric Code (NEC) specifications shall apply to all pertinent phases of construction, as well as the following regulations shall apply:

[Amended 9-10-2008 by L.L. No. 4-2008]

(a) An color photograph eight inches by 10 inches in size taken prior to the start of any construction for each turbine site must be provided to the Town of Riga to assure proper restoration when the turbine(s) are removed.

(b) Earth core samples of at least six inches by 10 feet must be taken for the four corners plus the center of the wind turbine foundation footprint prior to any construction. The core samples must be evaluated for suitability for a wind turbine base and to assure that no underground streams or waterways will be interrupted. This data must be reviewed and filed with the Town of Riga.

(c) No turbine foundation can be placed where the bedrock is less than six feet from the ground surface or within 20 feet of the turbine base in all directions.

(d) No dynamiting, blasting or other explosive devices may be used anywhere or for any reason in the site.

(e) A detailed plan must be filed with the Clerk of the Town of Riga for the disposal of any and all debris generated during construction showing compliance with current standards. This must be accomplished within 60 days of completion of the project. The only exception is topsoil, which must be stored in an unobtrusive location in the project area to be used in restoration of the surrounding areas of the turbine(s).

(f) All underground transmission lines must be buried to the National Electric Code (NEC) specifications. A routing map must be filed with the Town of Riga and any other appropriate agency or municipality. In addition, the routing map must be shown and described in a document recorded in the Monroe County Clerk's Office, indexed to the property owner, the recording of which shall be at the expense of the applicant, owner or lessee.

(5) Noise.

(a) Industrial wind turbines and complexes shall be located so that the level provided by the operation shall not exceed 50 dBA measured at all property lot lines by an acceptable industrial standard sound meter using an A filter and industrial standard and approved techniques. Proof of compliance (both before and after construction) with this requirement by an independent certification shall be the applicant's responsibility. The applicant must provide a contingency plan in the event that the 50 dBA limit is exceeded by whatever means are necessary.

(b) In connection with determining the required sound level readings must be taken using the following procedure:

[1] Mid-daytime on a weekday (Monday through Friday).

[2] Evening time on a weekday (6:00 p.m. to 9:00 p.m.).

[3] When the wind speed is 15 mph or greater.

[4] These readings must be taken in the direct path of the generated wind (90°) and at 45° to the left and 45° to the right of the direct wind path along the property line.

[5] Measuring points cannot be taken at any point that is sheltered by obstructions such as woods, tree lines, or structures. The measuring point must be altered to assure a clear path and so identified on the report.

(c) On request and subject to the Planning Board approval, measurements may be done in accordance with the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11).

(6) Turbine complex guarantee hook-up to grid system. In addition to the completed and accurately detailed special use permit prepared by the applicant, the applicable user must also provide written proof from the grid system and or the New York State Energy Grid System or both if so dictated by law or statute guaranteeing said hook-up, including the following data:

(a) Approval of the project.

(b) That the underground transmission line routing from the complex to the substation to the grid is satisfactory and that any and all easements have been properly obtained.

(c) Specify any "must hook-up by date" in the event one is established by the grid system.

(7) Special setback restrictions for industrial wind turbines shall be as follows:

(a) Wetlands. The tower shall be 500 feet from the buffer zone surrounding the wetland; if there is no buffer zone, the distance must be 600 feet.

(b) Structures. The tower shall be 3,000 feet from any residence, church, school, barns or any other structures that house domestic livestock.

(c) Water resources. The tower shall be 1,500 feet from any aboveground pond, lake, stream or other waterway and from any known underground water sources, rivers, creeks, springs, private wells or artesian wells.

(d) Aquifers. No industrial wind turbine shall be placed over any known or suspected aquifer as defined by New York State geological or other mappings.

(e) Recreational facilities. The tower shall be 3,000 feet from any public recreational facility, including but not limited to Town, county or state parks and athletic fields.

(f) Roads. The tower shall be 1,500 feet from any public right-of-way. This includes interstates, expressways, state, county and Town roads.

(8) Decommissioning, restoration and bonding.

(a) As part of the application process, the applicant shall include the following information regarding decommissioning of the project and restoring the site:

[1] The anticipated life of the project.

[2] The estimated decommissioning costs in current dollars.

[3] The method and schedule for updating the costs of decommissioning and restoration.

[4] The method of ensuring that funds will be available for decommissioning and restoration.

[5] The anticipated manner in which the project will be decommissioned and the site restored.

(b) Prior to the issuance of a special use permit and based upon the approval of the Planning Board, the applicant shall provide a demolition bond or letter of credit in favor of the Town in a form approved by the Town Attorney and in an amount as deemed adequate by the Town's consulting engineer for purposes of removing the facility in case the applicant fails to do so as required above. Proof of this bond or letter of credit shall be provided each year. Failure to continuously maintain in full force and effect the required bond or letter of credit shall automatically terminate all permits or approvals with respect to the site or sites and shall constitute a violation of the provisions of this section.

(c) The sufficiency of the demolition bond shall be confirmed at least every three years by an analysis and report of the cost of removal and property restoration to be performed by a New York State licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determines that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report.

(d) The bond must contain a clause that in the event of default, the Town of Riga will receive an immediate cash settlement of the total amount of the bond plus a 20% surcharge to cover unanticipated costs and hardship. Operation of the facility shall be terminated at that time.

(e) Any turbine or turbine facility that fails to operate for any reason for more than a period of 180 days must be reported to the Building Inspector and the Riga Town Board.

(f) As part of the proposal, the time table for removal and restoration must be precise; no dynamiting or blasting materials of any type may be used during removal or restoration; the cement or other foundation matter be removed to at least eight feet below the final grade level; all turbine parts and ancillary components must be removed from the site, including but not limited to transmission cables and maintenance roadways, if installed; disposal of these materials must be detailed as to where, when and how complying with acceptable standards of the time; all holes, depressions, trenches etc. must be filled with subsoil equivalent to existing subsoil; the final 12 inches must be topsoil of the same quality of the surrounding area; and final grading must conform to existing topography.

(g) The applicant will provide a monitoring and remediation period of no less than two years immediately following the completion of initial restoration. The two-year period allows for the effects of climatic cycles such as frost action, precipitation and growing seasons to occur, from which various monitoring determinations can be made. The monitoring and remediation phase will be used to identify any remaining agricultural impacts associated with construction that are in need of mitigation and to implement the follow-up restoration.

(h) Any subsequent costs incurred through any future legal actions, litigation, etc., against or by the Town of Riga, shall be borne by the applicant, owner, lessee or assignee.

(9) Visual or waterflow and drainage impact. Single- or multiple-turbine complexes may not be placed in any location that would adversely impact the natural resources or the beauty of the Town.

(a) As part of the application for industrial wind turbines, the applicant, owner or lessee shall provide:

[1] A topographic map and color photograph of the project site 11 inches by 14 inches in size within the delineated site boundaries and a clear overlay of all components of the project for each.

[2] A series of color photographs eight inches by 10 inches in size taken from about three miles from the site at approximately north/east/south and west of the proposed site. Each photograph must have a clear overlay depicting the precise location of all turbines via digitalized image to scale.

(b) Clear cutting is limited to trees less than four inches in diameter at a height of four feet from ground level.

(c) Tree topping is limited to 10% of the total tree height measured from the top down.

(d) Any disruption to natural waterways, drainage systems or field tile systems caused by facility construction must have remedial programs detailed for each incursion to assure there will be no adverse impacts on the environment or historical use of the lands.

(e) If it can be proven to the satisfaction of the Planning Board that some changes would be beneficial to the immediate area and not adversely impact water flow or create erosion problems downstream, these changes may be made via waivers as required by the Planning Board.

(f) Distances between projects: a buffer zone of 3,000 feet is required from the nearest turbine in the project facility to any adjacent property boundary line unless the adjacent property is owned by the lessee of the plot the project facility is located on. Substations must be located on the plot the turbine facility is on and shall be considered the same as a turbine in the buffer zone.

(g) Under- or aboveground transmission lines from the substation to the power grid require easements agreed to by all property owners in the precise routing path of said lines. These routings cannot be altered once the project has been approved by the Planning Board. Required restoration resulting from disruption of the landscape, drainage ditches, waterways, driveways, etc. by installation of the transmission lines must be to the satisfaction of the property owner.

(10) Electromagnetic interference. Wind turbines have been known to adversely affect reception interference with some communication devices, including but not limited to TV reception, cell phones and their towers, radar towers and ham radio towers. The wind energy facility shall be installed to comply with any FCC regulations and operated such that no disruptive interference is caused. If it has been demonstrated that a system is causing harmful interference within a radius of 3,000 feet of the extremities of an industrial wind tower, the tower owner and the system operator shall promptly remedy these situations and mitigate the harmful interference or cease operation of that system.

(11) Abandonment. Any wind energy facility which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of a special use permit hereunder shall constitute grounds for the revocation of the permit by the Town.

(12) Transfer. No transfer of any wind energy facility or special use permit, nor the lease or sale of the entity owning such facility, including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange) will occur without the prior approval of the Town. Such approval will be granted upon the written acceptance of the transferee of the obligations of the transferor under this section § 95-76 and the posting of the required insurance coverage and bonding for decommissioning and restoration. No transfer shall eliminate the liability of an applicant nor of any other party under this section.

§ 95-77 Ponds.

[Added 2-11-2015 by L.L. No. 4-2015]

A. The location and construction of any pond, as defined in § 95-14, shall be subject to site plan approval pursuant to Article IX of this chapter. Separate site plan approval for a pond shall not be required where such pond is included in an application for subdivision of land or in an application for site plan approval for overall development of a lot, or where an excavation permit has been obtained pursuant to Chapter 47 of this Code.

B. Any pond shall be located at least 100 feet from any lot line or private sewage disposal system, and 100 feet from any public right-of-way.

C. In no event shall any pond occupy more than 10% of the lot area.

D. Ponds shall be designed, constructed and maintained so that there is a perimeter slope which will permit a person or animal to easily get out of the pond.

E. All pond designs must be approved by an agency designated by the Planning Board (i.e., the Monroe County Soil and Water Conservation District, New York State Department of Environmental Conservation, etc.). All required permits shall be received prior to final site plan approval. Upon completion of pond construction, grading and construction work shall be subject to inspection and issuance of a certificate of compliance by the Code Enforcement Officer, who may require that an "as-built" survey be submitted, certifying as to the location and dimensions of such pond.

F. Ponds shall be designed, constructed and maintained at all times so as to prevent stagnation, algae, mosquito breeding or odors, and otherwise so as to protect the health and safety of the public.

G. In reviewing and approving the site plan, the Planning Board may impose such additional regulations or conditions as it may deem reasonably necessary to protect adjacent or neighboring properties and the general public, including:

(1) The requirement of a stormwater management plan.

(2) Landscape buffering with berms and/or permanent plantings.

(3) Fencing or other barriers, alarm systems and other safety devices or measures.