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.
At all street intersections, clear vision areas
shall be established and maintained as follows:
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.
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.
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.
[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:
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.
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.
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
COLLOCATED FACILITY
COLLOCATION
COMMUNICATIONS TOWER
FAA
FCC
GRID MAP
MICROWAVE
MONOPOLE
PREEXISTING STRUCTURES MAP
PROPAGATION MAPS
SATELLITE ANTENNA
SPECIAL USE
TELECOMMUNICATIONS
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS TOWER
TOWER
ZONING OVERLAY MAP
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:
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.
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.
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.
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.
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.
Federal Aviation Administration.
Federal Communications Commission.
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.
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
Any freestanding pole which is used to support an antenna.
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.
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.
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.
See § 95-14.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
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.
A communications tower on which one or more transmitting
and/or receiving antenna is located.
See § 95-14.
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.
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:
(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)
APPLICANT
CAMOUFLAGE
CO-LOCATE
CONCEALED INSTALLATION ON BUILDING
GROUND-BASED EQUIPMENT or GROUND-BASED ENCLOSURES
LICENSE
LICENSEE
PERMITTEE
POLE
RF
RIGHT-OF-WAY or ROW
SMALL WIRELESS FACILITY or MICRO WIRELESS FACILITY, SMALL CELL,
SWF
SUPPORT STRUCTURE
UTILITY POLE
Definitions. As used in this section, the following terms shall
have the meanings indicated.
A person or entity submitting an application to the Town
for a special use permit under this section.
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.
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.
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.
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.
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.
Any person having applied for a license under this section
and holding such a license.
An applicant that has received a special use permit under
this section.
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole.
Radio frequency.
The area on, below, or above a public roadway, highway, street,
sidewalk, alley, utility easement or similar property, under the jurisdiction
of the Town.
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.
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.
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.
(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.
[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.
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.
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.
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.
[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.
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.
(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.
[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.
ANCILLARY
ATTACHMENTS
COMPLEX
INDUSTRIAL WIND TURBINE
MAINTENANCE ACCESS
TURBINE
WIND ENERGY CONVERSION SYSTEM
(1)
(2)
WIND ENERGY FACILITY
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:
Any structure or component other than the tower necessary
for the efficient operation of the wind energy facility.
Attachments to the tower shall be limited to those defined
in this section unless dictated by federal, state or local law.
A complex shall be defined as the location of one or more
industrial wind turbines.
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.
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.
Any tower, pole or structure that converts wind energy to
electricity, often referred to as windmills, shall be identified as
turbines in this section.
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.
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.
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.
(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:
(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.
[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: