Brighton City Zoning Code

No temporary or permanent fences, walls or other structures exceeding 30 inches in height measured from the curb, or street grade if no curb is present, shall be erected or maintained within the triangle formed by the street lines of such lots and a line drawn between points along such street lines 20 feet distant from their point of intersection; and

No plantings, trees, shrubs or hedges exceeding 30 inches in height measured from the curb, or street grade if no curb is present, shall be established or maintained within the triangle formed by the street lines of such lots and a line drawn between points along such street lines at such distance from their point of intersection as required to provide an unobstructed view of the street for a reasonable distance as determined under Subsection C below. In no case shall the points along the street lines exceed 20 feet. Trees exceeding 30 inches in height may be located in these clear vision areas, provided that all branches and foliage are removed to a height of six feet above grade.

To provide adequate visibility at street intersections, the parking of motor vehicles in the triangle formed by the street lines of such lots and a line drawn between points along such street lines 20 feet distant from their point of intersection shall be prohibited. However, where determined by the Commissioner of Public Works or designee based upon factors which include, but are not limited to, the speed of traffic on the intersecting street(s), the volume of traffic on the intersecting street(s), the volume of pedestrian traffic on the intersecting street(s), the presence/absence of sidewalks, changes in topography, or whether a traffic control device(s) is present, parking of motor vehicles may be allowed.

All members of the ovine (sheep), bovine (cows & cattle), camelidae (llamas, camels), caprine (goats), equine (horses and ponies), and swine (pigs and hogs) families, and any animals with hooves, either single or split;

Emus, rheas, and ostriches; and

Roosters and all other poultry.

All animals of every description and all animal quarters shall be kept in a clean and sanitary condition and shall be adequately ventilated.

No person or persons shall maintain, harbor, keep or possess any animal of any description in such a manner as to create offensive odors or unsanitary conditions, which odors or conditions are a menace to the health, comfort or safety of the general public or of the surrounding neighborhood.

No person shall keep, harbor, maintain or possess any animal of any description in such a manner as to cause a disturbance of the peace or to in any way interfere with the quiet use and possession by any person or persons of his or her property.

Animals shall be kept as pets and for personal use only.

Such buildings shall not exceed 16 feet in height.

Such buildings shall be set back a minimum of five feet from any lot line.

All such buildings, in the aggregate, shall not occupy more than 30% of the area of the rear yard.

All other Town regulations pertaining to accessory buildings shall apply.

Such buildings shall be located in a rear yard or a required rear yard only.

Such buildings 500 square feet or less in size shall be set back a minimum of five feet from any lot line and shall not exceed 16 feet in height.

Such buildings greater than 500 square feet shall require Planning Board and Architectural Review Board review and shall be subject to all bulk regulations of the district in which they are located.

All such buildings, in the aggregate, shall not occupy more than 30% of the area of the rear yard and shall be included in calculating maximum lot coverage.

Cornices, eaves, cantilevered roofs, awnings, gas fireplace box/vent projections and chimneys may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project no more than six inches into a required yard.

Window wells, including those providing emergency access to basement areas, may project not more than four feet into a required yard, provided that they are not closer than four feet to any lot line nor greater than 10 feet in length along the building.

Entries and porticos. A roofed-over but completely unenclosed projection in the nature of any entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front-yard requirements when the building otherwise complies with all other restrictions of these regulations.

Patio decks shall be permitted. Decks less than 18 inches above grade, measured to include any railing or other, attachments, shall be a minimum of four feet from any lot line and shall not require a building, permit. Decks 18 inches or more above grade shall not extend into a required yard and shall require a building permit.

Steps that provide access to a deck or building are permitted in a required yard, provided that they are less than 18 inches in height from grade as measured at the tread, that they are a minimum of four feet from any lot line, and that they are completely unenclosed and unroofed.

The placing of ornamental fountains not to exceed six feet in height above grade and gatehouses and other structures for security or traffic-control purposes of a nonhabitable type, not to exceed 10 feet in height above grade, may be permitted in any yard upon approval of the Planning Board and the Architectural Review Board. Flagpoles may be located in any yard without a permit, subject to height and sign regulations elsewhere in this chapter.

One basketball backboard may be mounted on a principal or accessory structure, provided that it does not extend more than two feet into any front or side yard area; or one temporary or permanent freestanding basketball backboard may be erected, provided that:

Tennis courts shall be permitted in the rear yard, subject to the issuance of a building permit and subject to applicable requirements regarding paved areas and fencing.

Paved area shall include asphalt, cement, gravel, paving stones and other similar surfaces.

Front yard paved area: Paved area, other than a paved area located within a Town sidewalk easement or Town trail easement, shall not exceed 30% of the front yard area.

Rear yard paved area: Paved area, other than a paved area located within a Town sidewalk easement or Town trail easement, shall not exceed 35% of the rear yard area.

Front yard parking. Parking in the front yard shall be limited to paved areas.

Paved areas shall not project within 15 feet of a street line nor within four feet of any lot line, with the exception that approved driveways may be located within four feet of a lot line, provided that both the driveway and the lot line are located within an approved access easement.

Driveways and paved areas shall conform to Chapter 166 (Streets and Sidewalks),[1] § 205-28 (Driveways), § 207-16 (Access regulations) and any other relevant sections of the Code of the Town of Brighton.

Waste containers and grease/oil containers may be located in the same or separate enclosures, provided that all waste containers and grease/oil containers are completely enclosed in an approved enclosure.

Enclosures for waste containers and grease/oil containers shall, at minimum, equal the height of the container and shall not exceed 10 feet.

Solid waste and grease/oil containers shall be enclosed with durable building materials that completely screen the inside of the enclosure and are aesthetically acceptable, as determined by the Building Inspector or the Planning Board. Examples of acceptable materials include but are not limited to stockade fencing and wooden posts with lattice work. Chain link fencing with woven plastic strips is not an acceptable alternative.

The Planning Board or the Building Inspector may modify the conditions of this § 207-14.1A based on site-specific constraints or conditions, provided that potential aesthetic and litter impacts on surrounding properties are controlled.

Materials and capacity.

Maintenance.

Siting. In all districts, solid waste enclosures shall be located in the rear yard and should be either adjacent to the building they serve or a minimum of 30 feet from any residential lot line. The Planning Board or Building Inspector may modify siting requirements based on site-specific constraints or conditions, provided that potential aesthetic, litter and odor impacts on surrounding properties are controlled.

Shared containers. On lots with multiple commercial uses, individual businesses are encouraged to make arrangements to share dumpsters when such sharing is practical.

Applicability. The Building Inspector, the Town Engineer or the Planning Board shall determine whether grease/oil recycling or disposal containers are required, based upon the amount of used grease or oil generated by the business and information provided by the applicant.

Materials and construction. Containers used for outside storage of grease or oil for recycling or disposal shall be constructed of steel or material of similar durability, shall be of suitable design to present leakage, spillage or access by vermin and shall have lids which completely cover the container and/or access hole. The Planning Board or Building Inspector shall determine the suitability of proposed containers.

Maintenance. Containers used for outside storage of grease or oil for recycling or disposal shall be maintained in a good state of repair. All openings in the containers shall be kept closed except for times when the container is accessed for disposal or pickup. Any containers damaged so as to permit leakage, spillage or so that they are accessible to vermin shall be immediately replaced. The container itself and the surrounding area shall be cleaned immediately following any spillage of grease so as to maintain a safe environment and prevent the attraction of animals. For larger spills or leaks, the Monroe County Health Department shall be contacted for clean-up assistance. The exterior of the container and the surrounding area shall be cleaned at least once per week.

Siting. In all districts, grease/oil enclosures shall be located in the rear yard, adjacent to the building they serve. The Planning Board or Building Inspector may modify this siting requirement based on site-specific constraints or conditions, provided that potential impacts on surrounding properties are controlled.

Sharing of containers.

No restaurant use shall be located within 50 feet of a property line adjoining a residential district.

Refuse and grease handling.

Exhaust.

Litter. Any use providing food capable of being immediately consumed which is served in disposable packaging shall have at least one aesthetically acceptable, on-site, outdoor, covered trash receptacle for patron use located near the primary entrance and shall require employees to patrol the site each business day to ensure such packaging is properly disposed of in an enclosed container.

A minimum of one aesthetically acceptable outdoor trash receptacle shall be provided on site adjacent to each driveway exit. At least one additional aesthetically acceptable, on-site, outdoor trash receptacle shall be provided for every 10 required parking spaces.

Employees shall collect on-site and off-site litter, including food wrappers, containers and packaging from restaurant products generated by customers within a radius of 300 feet of the primary entrance at least once per business day. The consent of neighboring property owners shall be obtained prior to collection upon their property.

All other regulations for drive-through establishments contained in § 207-14.3, Drive-through standards, shall be adhered to.

Reduce noise, lighting and visual impacts on abutting uses, particularly residential uses;

Promote safer and more efficient on-site vehicular and pedestrian circulation; and

Reduce conflicts between queued vehicles and traffic on adjacent streets.

The regulations of this section apply to all uses that have drive-through facilities.

Site development. The regulations of this section apply only to the portions of the site development that comprise the drive-through facility. The regulations apply to new developments, the addition of drive-through facilities to existing developments and the relocation of an existing drive-through facility.

Drive-through service areas shall not be located in the front yard.

Abutting a residential zone. Service areas and stacking lanes must be set back at least 30 feet from all lot lines which abut a residential zone and shall be screened as determined necessary by the Planning Board.

Abutting a nonresidential zone. Service areas and stacking lanes must be set back at least 10 feet from all lot lines which abut nonresidential zones and shall be screened as determined necessary by the Planning Board.

Abutting a street. Stacking lanes must be set back 10 feet from all street lot lines and shall be screened as determined necessary by the Planning Board.

Drive-through and stacking lanes shall be a minimum of 12 feet wide.

Restaurants. A minimum of 120 feet of stacking lane is required for each restaurant drive-through service area.

Other drive-through facilities.

Stacking lane design and layout. Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation.

Stacking lane identification. All stacking lanes must be clearly identified, through the use of means such as striping, landscaping and signs.

Any drive-through speaker system shall emit no more than 50 decibels measured at four feet from the speaker and shall not be audible above daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any residential district or any property used for residential uses.

No noise-generating compressors or other such equipment shall be placed within 10 feet of a property line adjoining any residential district or any property used for residential uses. Noise-generating equipment shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property.

The generator shall be located in a rear yard behind the principal building, not extending past the side of the building;

The generator shall not be located closer than 10 feet to any lot line;

The placement of the generator shall not interfere with the safe passage of pedestrians or vehicles;

The generator shall be used only during electrical power outages and as required by the manufacturer for maintenance purposes;

Maintenance operation of the generator shall take place only during daylight hours;

The generator shall only operate on LP or natural gas; and

Documentation of the noise level of the generator per manufacturer's specifications at seven meters (23 feet) from the unit shall be presented with the application for a building permit and shall not exceed 72 decibels.

The term "access," as used in this article, shall mean an access point, curb cut, driveway, entrance/exit or any means of ingress or egress of vehicles from a street to a parcel.

All plans for structures to be erected, altered, moved or reconstructed, and for the use of premises within each district, shall contain a plan for proposed access to the premises. No such plan shall be approved unless such access is onto a dedicated public highway or a highway within a subdivision which appears upon a subdivision map approved by the Planning Board.

For county, state and Town highways, the design of access points must meet the design criteria and safety standards of the controlling jurisdiction or a design based on an agreement reached by coordination with the county or state as part of the project review/approval process. Requirements for access design standards are established for each jurisdiction as follows and as may be amended as necessary:

There shall be no more than one access point from any lot to any street, except that additional entrance and exit driveways may be provided where it is determined by the controlling jurisdiction that such are necessary to safeguard against hazards or to avoid traffic congestion on the street.

Where a lot has frontage on two or more streets, access to the lot shall be provided to the street where there is less potential for traffic congestion and for hazards to traffic or pedestrians.

On county and state highways, the use of frontage roads, reverse frontage or cross-access easements for multiple lot developments is encouraged.

Permanent access for individual residential lots shall only be permitted onto arterial streets when access is not available to another collector or local highway or when indirect access (shared access, frontage road or cross-access easement) is not currently feasible. Temporary access to an arterial highway will be permitted if indirect access will be required in the future as adjacent parcels are developed.

Where feasible, access points shall be aligned with existing or proposed access points on the opposite side of the street to promote safe traffic flow and, when deemed necessary, to allow for future signalization.

Where appropriate along highways containing large parcels of vacant land, the Planning Board, in coordination with the controlling jurisdiction, may designate the location of curb cuts to ensure limited access for future development within the parcel.

Driveway turnaround areas shall be required for all residential development (except where parking lots exist on site) so vehicles will not have to back out onto a highway. The turnaround areas shall be located at a point along the driveway which allows space for at least two vehicles to be parked between the garage and the turnaround area.

When internal circulation for public transit is planned for major developments, access shall be designed to accommodate turning movements by buses.

Setback requirements along county highways are to be measured starting from a point which is 40 feet from the highway center line. Where adjacent development exists, the setback of the proposed development may be that of the existing development as long as it does not encroach on the area that is 40 feet from the highway center line. Setback requirements along all other highways are to be measured from the existing highway right-of-way line or a proposed right-of-way line, if known, to ensure that adequate right-of-way will be available for any future widening of the highway.

If a local highway is proposed by the Town for jurisdictional transfer to the county, adjacent development will be designed to include appropriate access controls where feasible.

Where deemed appropriate and feasible by the Planning Board, Zoning Board of Appeals or authorized official, a cross-access easement shall be required to connect the parking areas between two or more adjacent lots. Cross-access easements shall be considered when reviewing proposals for new development, changes of use or any site modifications.

As contiguous parcels are developed on an individual basis, cross-access easements shall be required. In the meantime, temporary access/curb cuts shall be permitted until the cross-access easement is activated. When the cross-access easement is in use, the temporary access permit will be revoked. Temporary access shall be granted for one year and may be renewed without fee if the cross-access agreement cannot be activated.

Where appropriate along highways containing strip development, the Planning Board, Zoning Board of Appeals or authorized official may identify existing curb cuts that are to be removed or replaced with cross-access easements prior to approving an application for a proposed development or a change of use.

Type A: opaque screen. A screen is opaque if it is opaque from the ground to a height of at least six feet, with intermittent visual openings from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visible contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetation or existing vegetation shall be judged on the basis of the average mature height and density of the foliage of the plant material or field observation of existing vegetation. At maturity, the portion of intermittent visual openings should not contain any completely unobstructed openings more than 10 feet wide. See the Appendix, Part 1, for illustration of typical opaque screens.

Type B: semiopaque screen. A screen is semiopaque if it is opaque from the ground to a height of three feet, with intermittent visual openings from above the opaque portion to a height of at least 20 feet. The semiopaque screen is intended to partially block visual contact between uses and create a strong impression of separation of spaces. The semiopaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or existing vegetation will be judged on the basis of the average mature height and density of foliage of the plant material or field observation of existing vegetation. At maturity, the portion of intermittent visual openings shall not contain any completely unobstructed opening more than 10 feet wide. See the Appendix, Part 1, for illustration of typical semiopaque screens.

Type C: broken screen. A screen is broken if it is composed of intermittent visual openings from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the uses or spaces. The broken screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or existing vegetation shall be judged on the basis of the average mature height and density of foliage of the plant material or by field observation of existing vegetation. See the Appendix, Part 1, for illustration of typical broken screens.

Any new construction.

Any change of use.

Any redevelopment that increases the assessed value by more than 25% or more.

Major expansions of parking lots of more than 20 parking spaces.

A title block with the name of the project, the name of the person preparing the plan, a scale, North arrow and date.

All existing significant plant materials on the site.

All existing significant plant materials to be removed or relocated. As a guide to determining significance, all plant materials of a caliper of six inches or greater measured at four feet above grade shall be included and the function of all existing plant materials shall be considered, such as providing a screen or buffer, providing a public face (e.g. a street tree), performing a water quality function (e.g., materials along streams or drainage swales) or providing soil stabilization on sloped areas of the site.

All existing and proposed structures on the site.

Topographical contours at two-foot intervals.

Details of any berms, walls or other structural screening devices.

A plant list including all plant materials to be used keyed to the plan, using both common and botanic names, the quantity of materials used, the size of plant or plants, the ultimate size of plant materials at maturity, the root treatment and the quality of the plant materials to be used. Quality shall be consistent with American Standards for Nursery Stock published by the American Association of Nurserymen, Inc., Washington, D.C.

Landscape design, including location and spacing of each plant to be planted, shall be shown to scale, as well as methods to be used in welling, staking, guying, mulching and wrapping; ground cover to be used; and the screening of any utility boxes where they appear at or above ground level.

A performance bond or letter of credit in the amount of 125% of the cost of materials and installation shall be required for all landscaping to assure that all landscaping shall conform to an approved landscaping plan and that the landscaping survives in a healthy condition through the first full year. However, the Planning Board shall determine the amount of the performance bond or letter of credit for projects and shall consider the financial impacts of the one-hundred-twenty-five-percent performance bond standard on all projects it reviews. The performance bond or letter of credit shall be limited to one full year, beginning at the date of the landscape installation.

In addition to the performance bond, provision must be made for the Building Inspector to enter the property to inspect the landscaping and, after notifying the owner of any deficiencies, shall have the right to recommend to the appropriate board that the performance bond be used topay for the replacement of any landscaping which does not comply with the approved landscaping plan. If the owner of the landscaping fails to replace dead, dying, diseased, stunned or infested plant materials, the Building Inspector may also recommend to the appropriate board that the performance bond be used to replace approved plant materials. The owner of the landscaping shall be required to perform all normal maintenance, including mowing, pruning, trimming, watering, fertilizing, mulching, pest control, weed control required of newly installed plant materials, including restaking and reguying disturbed trees and plants and restoring drainage saucers around plant materials. The performance bond shall be limited to a period of three years after the commencement of initial planting of all landscaping materials.

All signs and all components thereof, including supports, braces and anchors, shall be kept in a good state of repair.

If the message portions of a sign are removed or a business or other activity is no longer operating, it shall be the property owner's responsibility to assure that the abandoned sign is promptly removed or properly covered to the satisfaction of the Building Inspector.

The following signs shall be permitted:

General regulations.

One identification sign per lot not exceeding 16 square feet in area. If the sign is to be freestanding, such sign shall not be nearer than 10 feet to any lot line, shall be anchored to the ground, shall not project more than six feet in height above grade and shall not be illuminated except indirectly.

All illumination of any sign permitted under this article shall cease at 10:00 p.m.

One sign for each building not exceeding two square feet in area and indicating only the address range and/or the number of the building. Such sign shall be attached to the building face or freestanding and shall not project more than six feet in height above the grade and shall not be illuminated except indirectly. Neither Board approval nor the obtaining of a building permit is required.

One identification sign not to exceed 16 square feet in area, indicating only the name and street address of the project, shall be permitted for each project. Such sign shall not be closer than 10 feet to any lot line, shall not project more than six feet in height above grade and shall not be illuminated except indirectly.

One sign not exceeding two square feet in area indicating only the street address of the property. To the maximum extent possible, the address sign should be a simple sign, on the building over the main entrance or, if it to be freestanding, perpendicular to the road. Neither Board approval nor the obtaining of a building permit is required.

Two signs, each not exceeding six square feet in area, indicating only entrance and exit to the property. Such signs shall not project more than four feet in height above grade and shall be no closer than 10 feet to any lot line. Neither Board approval nor the obtaining of a permit is required. In the case where the street address sign is combined with entrance and exit signs, the signs shall not exceed six square feet in area.

One nonilluminated sign, not exceeding 32 square feet in area, in connection with the development, subdivision, repair or renovation of a parcel of land in progress. Such sign shall not project more than eight feet in height above grade and shall be no closer than 10 feet to any lot line. Such sign may identify the project, owner, developer, architect, engineer, contractors and funding source, and shall be subject to approval of the Building Inspector and shall require a building permit which shall be valid for a period of not more than one year. All extensions thereof shall be subject to the approval of the Board and subject to obtaining of another building permit.

One nonilluminated sign not exceeding six  square feet in area advertising only the prospective sale or rental of the premises on which the sign is located. Such sign shall be no closer than 10 feet to any lot line, shall not project more than six feet in height above grade and shall be removed within 24 hours after the time of sale or rental. Neither Board approval no the obtaining of a building permit is required. In the event that the principal frontage of any property under common ownership exceeds 100 linear feet, a larger sign for the same purpose may be approved by the Board, but limited to six additional square feet of sign area for each 100 linear feet of principal frontage of any property up to a maximum of 32 square feet. If approved, a building permit for such sign may be granted for a period up to but not to exceed one year with the right to apply for a renewal.

Development/building directory signs indicating he name of the occupants of the building and the building number in order to direct persons to their proper destination once they are on site. These signs shall not be readable from the highway. Signs are to be single faced, carry no advertising and be no larger than 16 square feet in area, including the nameplates of all the tenants or uses, and shall project not more than six  feet in height above grade. The proposed sign's construction shall complement the architectural style and materials used in the construction of the building for which it will serve. The proposed sign shall be subject to Board review and shall require a building permit. In determining the design, location and hours of illumination, the Board shall be guided by other pertinent sections of these regulations.

Places of worship shall be permitted one identification sign per lot not exceeding 16 square feet in area. If the sign is to be freestanding, such sign shall not be nearer than 10 feet to any lot line, shall be anchored to the ground, shall not project more than six feet in height above grade and shall not be illuminated except indirectly.

A maximum of three political signs, which shall be nonilluminated, shall not exceed six square feet in area, shall not be closer than 10 feet to any lot line, shall be anchored to the ground and shall not project more than six feet in height above grade. Political signs may be erected not more than 90 days prior to the election to which they relate and shall be removed by the owner or occupant of the property not later than seven days thereafter. Neither Board approval nor the obtaining of a building permit shall be required.

No business identification sign shall be erected unless attached to the building face. A building on a corner lot with side walls approximately parallel to the street lines shall have one face which shall be the side containing the principal entrance. This face shall be the one on which the sign is to be located.

The total area of a business identification sign affixed to the face of a building shall not exceed 10% of the first-floor area of the building face or 150 square feet, whichever is less. The vertical projection to be used in calculation of the first-floor building face area is 15 feet.

Signs may not project in any part more than 20 feet above grade measured at the building face.

Illumination of business identification signs:

Temporary nonilluminated window signs may be displayed inside windows, except in industrial districts. They shall be affixed flat against the window. The copy, including graphics, shall not exceed 50% of the total area of the window in which they are displayed. Neither Board approval nor obtaining a building permit shall be required.

One temporary banner may be placed on the building face prior to the installation of the permanent business identification sign, provided that:

Except as otherwise permitted in these regulations, portable signs shall be prohibited because they can be hazardous to both vehicular and pedestrian traffic and can cause visual clutter and visual overload.

Awning and canopy signs shall be subject to review and approval of the Planning Board after a review by the Architectural Review Board. The Architectural Review Board shall review all applications for awnings and canopies first to determine if the color, style and shape of the proposed awnings or canopies are consistent with the architectural style of the building. The Planning Board shall determine the amount and appropriateness of any sign or graphics. Any portion of the awning or canopy used as a sign will be debited from the ten-percent standard for determining the maximum size of business identification signs. Awnings or canopies shall be unilluminated. A building permit shall be required for all awning or canopy signs.

Except as otherwise permitted in these regulations, no electronic-message or changeable-copy signs shall be permitted within the Town of Brighton.

Except as expressly provided by these regulations, no sign, banner or any other attention-getting device shall be attached to any pole, fence, tree or other vegetation or upon any public walk or right-of-way.

Accommodate the need for communications facilities while regulating their location and number so as to ensure the provision of necessary services;

Provide for the managed development of communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Town residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of tower-based communications facilities, non-tower communications facilities, and small communications facilities in the Town, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, small communications facilities, cable wi-fi and other communications facilities;

Minimize the adverse visual effects and the number of such communications facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

Promote the health, safety and welfare of the Town's residents.

Notification by applicants for communications facilities.

Non-tower communications facilities.

Tower-based communications facilities on Town-owned property or in a BE-1, BF-2, IG or TOP District shall require:

Tower-based communications facilities in a BE-L, BE-2, BE-3, BF-1 or PUD District shall require site plan review, a building permit and a tower permit as set forth in this § 207-42.

Tower-based communications facilities in a residential district shall require site plan review, a building permit and a tower permit as set forth in this § 207-42. Additionally, applications for such new tower-based communications facilities in residential districts shall be treated as a Type I action for purposes of the State Environmental Quality Review Act (SEQRA).

Small communications facilities.

Prior to approval of an application for a small communications facility in the public rights-of-way, the communications facility applicant shall be required to enter into a right-of-way license agreement with the Town. Communications facilities that do not meet the definition of a "small communications facility" shall not be permitted in the public rights-of-way.

Eligible facilities request. Communications facility applicants proposing a modification to an existing communications facility that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Town Commissioner of Public Works or the Commissioner's designee. In order to be considered for such permit, the communications facility applicant must submit a permit application to the Town Commissioner of Public Works or the Commissioner's designee in accordance with Chapter 73 of the Town Code.

Non-tower communications facilities, tower-based communications facilities and small communications facilities may be repaired and maintained without restriction.

Antennas used solely for video programming signal reception shall be subject to the requirements of § 207-43.

Timing of approval.

All communications facility applicants for a tower permit shall make written application to the Planning Board, which application shall include:

Siting preferences.

Aesthetics. Communications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the communications facility applicant, including the following:

Additional requirements.

All owners of every property within 1,000 feet of the proposed facility, regardless of the municipality in which the property is located; and

The communications facility applicant shall provide to the Planning Board an affidavit that this requirement has been fulfilled, and shall supply to the Planning Board a list of the names and addresses of those to whom the notice was mailed.

Small communications facilities shall be permitted to co-locate upon nonconforming tower-based communications facilities and other nonconforming wireless support structures. Co-location of communications facilities upon existing tower-based communications facilities is encouraged even if the tower-based communications facility is nonconforming as to use within a zoning district.

Any small communications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the Town noise ordinance as established by Chapter 102 of the Town Code, the Town property maintenance ordinance as established by Chapter 129 of the Town Code, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any communications facility shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Town.

No small communications facilities may be attached to or installed upon a decorative light pole owned by the Town, a building or structure that is listed on either the National or New York State Registers of Historic Places, or eligible to be so listed, or which has been designated as a historic structure under Chapter 224 of the Town Code, or is a property which has not been designated as a landmark but is included in the list of properties adopted by the Commission for which a cultural survey has been prepared for consideration of possible designation by the Commission.

All small communications facilities shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

Small communications facilities shall comply with all applicable federal and state laws and regulations concerning aviation safety.

Small communications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties and lawfully operating.

A small communications facility shall, by itself and in conjunction with other communications facilities, comply with the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

The Town Commissioner of Public Works or the Commissioner's designee shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small communications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

All construction, maintenance, repair and/or removal of small communications facilities shall be performed in compliance with the requirements of Chapter 175 of the Town Code relating to trees.

Small communications facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Town Commissioner of Public Works or the Commissioner's designee.

Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Town Commissioner of Public Works or the Commissioner's designee.

All small communications facilities in the Town shall comply with the requirements of the Town Small Communications Facility Design Manual. A copy of such shall be kept on file at the Town Building and Planning Department.

Within 90 days following written notice from the Town, or such longer period as the Town determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of a small communications facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications facilities when the Town, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a small communications facility, as well as inspection, monitoring and other related costs. Such permit fees shall be established by the Town Fee Schedule and shall comply with the applicable requirements of the FCC.

In addition to permit fees as described in this section, every small communications facility in the ROW is subject to the Town's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Town's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Town. The owner of each small communications facility shall pay such annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

Each person that owns or operates a small communications facility shall annually provide the Town Commissioner of Public Works or the Commissioner's designee with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications facility.

Each person that owns or operates a small communications facility shall, at its sole cost and expense, execute an agreement to indemnify, defend and hold harmless the Town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of the construction, installation, operation, maintenance or removal of the small communications facility. Each person that owns or operates a small communications facility shall defend any actions or proceedings against the Town in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the small communications facility, excepting any claims resulting from the Town's gross negligence or willful misconduct. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

The Town Commissioner of Public Works or the Commissioner's designee may require that a communications facility applicant reimburse the Town for the costs to conduct an independent professional review of the communications facility applicant's evidence.

Tower permit process.

The standards in this § 207-43 shall apply to communications reception devices within the exclusive use or control of the user of the device where the user has a direct or indirect ownership interest in the property where the device is to be located.

Any exterior installation or use of communications reception devices by persons other than those described in § 207-43A(1) shall require a building permit, applied for by the owner of the property or his/her agent, accompanied by such evidence as is required by the Town to show that the device will not have an adverse aesthetic impact, either by itself or in combination with other such devices, existing or potential (e.g., in the case of apartment buildings), on any public right-of-way or any existing or proposed residential property, and that all local, state and federal safety, construction and other applicable regulations are met.

Video programming reception devices one meter (39 inches) or less in diameter and television broadcast service antennas:

Video programming reception devices greater than one meter (39 inches) in diameter and all other communications reception devices not included in § 207-43B(1):

Video programming reception devices two meters (78 inches) or less in diameter and all television broadcast service (TVBS) antennas which are ground-mounted:

Video programming reception devices two meters (78 inches) or less in diameter and all television broadcast service (TVBS) antennas which are building-mounted:

Video programming reception devices greater than two meters (78 inches) in diameter and all other communications reception devices not included in § 207-43C(1) shall require a building permit and:

If permitted in other than the rear yard, no more than one antenna or dish of whatever size shall be installed in any yard except the rear yard.

Installation of antennas and dishes of whatever size shall not be allowed in clear vision areas as defined in § 207-1 of these regulations.

They are mounted on a single-family or two-family dwelling or townhouse so as to be visible from the street directly in front of the building; or

They are mounted on any principal building other than a single-family or two-family dwelling or townhouse.

The slope and proportions of a roof-mounted solar array should match the slope and proportions of the roof. The distance from the roof surface should be minimized.

Solar arrays should be installed in a regular shape, usually rectangular, but using other, geometric shapes where appropriate, such as to match hip or mansard roofs.

Single arrays of panels are preferred, but multiple panel arrays may be used where deemed appropriate by the Board.

Interruptions of the array with rooftop projections, such as vents or skylights, should be avoided if feasible.

Frame, panel, and equipment colors should match or complement the colors of the roof or wall where mounted, while maintaining the functional integrity and viability of the system.

Durable, nonreflective, factory-applied coatings should be used.

Text, advertising, and/or logos should not be visible.

The visibility of equipment (conduits, pipes, transformers, etc.) should be minimized. Where visible, the conduit should be painted to match the background color.

A site plan showing the location of major components.

Specification sheets and installation manuals for all manufactured components.

A letter or drawing, stamped or signed by a licensed architect or engineer, certifying that the structure can bear the loads imposed by the proposed solar energy system.

Any additional information required by the Building Inspector.