Adequate erosion control and drainage measures will be in place so that erosion and sedimentation does not occur during or after construction. Erosion control and stormwater management measures shall comply with all applicable standards and guidelines of federal and state agencies.

Cutting of trees, shrubs, and other natural, nonnuisance vegetation will be minimized, except in conjunction with logging operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation. Clearing for any building site, including accessory structures and parking areas, but excluding the area required for driveway and utility access, shall not exceed 20,000 square feet of area with a 15% or greater slope.

Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches.

Proper engineering review of plans and construction activities will be conducted by the Town to ensure compliance with this section, paid for by escrow deposits paid by the applicant.

If the land lies within the Ridgeline Overlay District, the proposal will comply with all requirements of § 245-31.

No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.

Wherever agricultural uses and other uses unrelated to the agricultural operations abut, buffers shall be provided to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances related to the agricultural operation. Provision of buffers shall be the responsibility of the proponent of the nonagricultural use, unless such use predates the agricultural use. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features.

Within existing and new agricultural uses, unenclosed storage of manure shall not be permitted within 200 feet of a property line. New structures housing fowl or other animals shall not be located in the required front yard nor within 200 feet of a side or rear property line. These setbacks may be reduced by special permit for small-scale operations found by the Zoning Board of Appeals not to pose a threat of nuisance to neighboring properties.

All mobile homes, and any deck or other addition, shall be mounted on a permanent concrete slab base or footing at least four inches thick, with skirting provided.

Mobile homes shall be finished with a natural wood exterior or other natural or artificial materials that, because of their color and texture, have the appearance of clapboards, wood shingles or other traditional house siding and blend in with the landscape to enhance or maintain the attractive visual character of the Town.

Mobile homes shall have shingled, peaked roofs with a minimum pitch of 4:12.

Mobile homes shall comply with currently applicable federal and state building standards.

Mobile homes shall have a minimum size of 720 square feet and a minimum width of 14 feet.

No evidence of a mobile home's trailer hitch or wheels shall be visible once it has been installed.

For single-family or two-family dwelling: two spaces per dwelling unit.

For multifamily dwelling: two spaces per dwelling unit.

Home occupation in a dwelling: one space for each 200 square feet devoted to such home occupation, plus the required spaces per dwelling unit.

Lodging facility: one space for each bedroom.

These requirements may be reduced in the case of multifamily dwellings containing units with less than 1,000 square feet of floor space, or containing housing predominantly for senior citizens, if the reviewing board determines that such reductions are warranted.

In the HM District, the reviewing board may require that parking spaces for multifamily dwellings be located behind the principal building.

Purpose. The Town finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots may damage the historic layout and architectural fabric of hamlet areas, harm the natural environment and visual character of the community, interfere with pedestrian accessibility, and reduce the quality of life in developed areas. However, the Town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The Town therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking, and to avoid the negative impacts of excessive parking requirements.

Procedure. Off-street parking requirements for nonresidential uses shall be established by the Planning Board, Zoning Board of Appeals, and/or Zoning Officer on a case-by-case basis in the course of reviewing applications for site plans, special permits, variances, and building permits. Where more than one board or official reviews an application, the decision on the number and layout of parking spaces shall be determined by only one board or official. If the Planning Board reviews an application, it shall make the determination. If the Zoning Board of Appeals reviews an application and the Planning Board does not, the Zoning Board of Appeals shall make the determination. If neither Board reviews the application, the Zoning Officer shall make the determination.

Criteria. The number and layout of parking spaces shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed uses. In determining the parking requirements for any proposed use, the reviewing Board or official shall consider:

Set-aside for future parking. The reviewing board may require that an applicant set aside additional land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped, but may not be used in a manner that would prevent it from being used for parking in the future.

Parking lot as accessory use to residential dwelling. Parking spaces may be made available for nonresidential uses on residential lots in the HM District, by special permit. Such spaces shall be screened from adjoining properties and roads and shall not exceed eight spaces per lot.

All off-street parking shall be located behind or to the side of the principal building. Parking spaces located in a side yard shall be screened from public view.

Construction of parking areas. Required parking areas for more than five cars accessory to commercial, industrial, or multifamily uses shall be surfaced with a suitable dustless, durable, all-weather or permeable surface appropriate for the use of the land, with adequate drainage. Oil traps may be required for larger paved parking lots. Surfacing, grading, and drainage shall facilitate groundwater recharge, to the extent practical, by minimizing impermeable pavement and runoff. Parking areas to be used at night shall be lighted in a manner that does not result in glare to adjoining residential properties or cause a traffic hazard due to glare or color.

Landscaping. At least 8% of the area of a lot used for off-street parking shall be landscaped with lawn, trees, shrubs, or other plant material. Any parking lot for more than 10 cars shall be screened to the extent practical from the road and adjoining properties. Such screening shall not interfere with safety standards for sight distance at road access points.

All parking areas and landscaping shall be properly maintained.

The expected maximum number of trucks using the loading facilities at times of peak usage.

The type of business, size of the structure, and size of trucks to be servicing the structure.

The need to ensure pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation.

The need to screen trucks and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers, and/or fencing.

The desirability of requiring service roads or alleys to achieve the purposes of this § 245-51D.

Applicable planning and engineering standards, adapted to meet the needs of the particular business use proposed.

Other operational characteristics of the business or physical characteristics of the site deemed appropriate by the reviewing board or official.

The siting guidelines contained in Appendix II[2] and the purposes of this chapter as set forth in § 245-3.

For reasons of traffic and pedestrian safety, as well as to provide for possible future road widening or other improvements, all new driveways entering onto any street shall comply with the requirements of this section and shall be subject to the approval of the Town Highway Superintendent. Where such driveways are part of a subdivision application or site plan approval, they shall also be subject to Planning Board approval.

In the RU District, no driveway center line shall intersect a street line less than 70 feet from the intersection of any two street center lines.

Driveway grades.

Shared driveways may be permitted to serve up to four residences. If the road frontage is not physically suited to driveway use, driveway maintenance agreements satisfactory to the Town and its reviewing attorney must be recorded in the Columbia County Clerk's office as a condition of any driveway, site plan, special permit, or subdivision plan approval.

Driveways shall minimize erosion and comply with applicable state and federal erosion control requirements and guidelines for best management practices.

Construction of driveways on slopes 10% or greater shall require an adequate stormwater drainage system to minimize erosion and sedimentation to the maximum extent possible both during and after construction. In order to receive a permit for such driveways, the applicant shall submit engineering data prepared by a professional engineer, licensed by the State of New York, that meets the following standards:

Driveway access on to Town, county, or state roads shall not create a traffic hazard.

Additional Town driveway requirements.

Finding. The Town finds that the installation and maintenance of sidewalks within the hamlet area of the Town is important to the safety of pedestrian traffic along the major streets and roadways within the hamlet area of the Town of Hillsdale.

The installation of sidewalks is hereby required in connection with any future capital road improvements and/or curb cuts for properties adjacent to the following roads and/or streets in the Hamlet area of the Town of Hillsdale:

The Town Board is authorized and empowered to construct and repair sidewalks, curbs and gutters along such streets, wholly at the expense of the Town or of the owner or occupants of the adjoining land, or partly at the expense of each, and may describe the manner of doing such work and the kind of materials to be used therein. If a sidewalk, curb or gutter is required to be constructed or repaired wholly at the expense of the owners or occupants of the adjoining lands, a notice specifying the place and manner and time not less than 30 days in the case of a new sidewalk, nor less than 48 hours in the case of repairs, within which the sidewalk, curb, or gutter is required to be constructed or repaired shall be served upon such owners or occupants. If an owner or occupant shall fail to construct or repair the sidewalk, curb or gutter as required by the notice, the Town Board may cause the same to be so constructed or repaired and assess the expense thereof upon the adjoining land. If a sidewalk, curb or gutter is to be constructed or repaired at the joint expense of the Town and the owners or occupants, the Town Board may cause the same to be constructed or repaired and assess upon the adjoining land the portion of the expense chargeable against the same. All grading and work done on sidewalks, curbs or gutters laid out and repaired by the owners of adjoining lands shall be in accordance with the specifications and under the direction and supervision of the Town Board. The assessment for such repairs and improvements shall be made by the Town Board. If the bill for such repairs and improvements is not paid within 30 days of its mailing, the same shall become a lien upon the real property adjoining the sidewalk and shall be relevied against the property on the next Town real property tax bill.

The notice provided for in the foregoing Subsection F(3) shall be sufficient if given to the person, or one of them whose name appears as owner of the adjacent property on the latest completed assessment roll of the Town. Such notice may be given either personally or by certified or registered mail, return receipt requested. If notice by mail is undeliverable, then said notice shall be sufficient if published once in the official newspaper of the Town, and notice shall be deemed complete two days following such publication.

Preserve public health and safety by controlling the size, location, and character of signs so they will not confuse, distract, mislead, or obstruct vision necessary for traffic safety; and

Preserve the general welfare by controlling the aesthetics and attractiveness of signs in order to:

Nonilluminated signs as specified below are permitted on premises in all districts:

Illuminated signs shall be permitted on nonresidential premises, provided that:

Neon-type lighted signs and portable signs mounted on wheels are prohibited.

No signs shall interrupt a roofline or be placed on the roof of a structure. Signs placed in windows shall not occupy more than 30% of the window area.

No banners, posters, pennants, ribbons, streamers, spinners, or other similar moving, fluttering, or revolving devices shall be used for advertising purposes, whether or not on a sign. Representational signs depicting products or services in three dimensions may only be flush-mounted on a building or displayed inside a window.

No signs shall use fluorescent material or paints. Garish colors and combinations of colors shall not be used.

Any sign existing on or after the effective date of this chapter which no longer advertises an existing business conducted or product sold on the premises shall be promptly removed by the owner of the premises upon which the sign is located. Such removal shall occur no later than 30 days after the date of written notice from the Zoning Officer to remove the sign.

If the Zoning Officer finds that any sign is unsafe or insecure or otherwise endangers the public, he shall give written notice to the owner of the land upon which the sign is erected. The landowner shall promptly remove or repair the sign. If the sign is not removed or repaired within 30 days of the date of the notice, the Zoning Officer shall revoke any permit for such sign, and may remove or repair the sign, assessing all costs and expenses incurred in such removal or repair against the land or structure on which the sign was located. The Zoning Officer may cause any sign which is a source of imminent danger to persons or property to be removed summarily and without notice.

A sign erected prior to the effective date of this chapter which does not conform with the provisions of this chapter may remain for a period of three years, at which time the sign must be replaced to meet the provisions of this chapter or be removed, unless the sign has historical significance to the Town and has been so designated.

Only one nonilluminated sign, not over four square feet in size, is permitted per dwelling unit where a home occupation is conducted.

Signs shall be set back at least 10 feet from any property line and 20 feet from a street line. A sign that is not attached to a building shall not project more than 15 feet above ground level.

In the Hamlet District, the setback distance for signs is 13 feet from the street curb where there is a sidewalk, and eight feet from the street curb where there is no sidewalk.

Fifteen percent when the sign is made of wood.

Fifteen percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.

Twenty percent if the sign is the only sign identifying the establishment or its principal product.

Twenty percent if the sign is not designed or used with illumination.

Thirty percent if the Planning Board finds that the sign has special aesthetic merit, or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed.

Ensure the compatibility of home occupations with other uses;

Maintain and preserve the rural character of the Town;

Ensure that public facilities and services designed for residential areas are not misused for inappropriate commercial purposes;

Ensure peace, quiet, and domestic tranquility within residential areas; and

Allow residents to engage in gainful employment in their homes while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of commercial uses.

A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the neighborhood. A home occupation may be conducted within a dwelling unit and/or within accessory structures.

The home occupation is to be conducted only by members of the family residing in or maintaining the dwelling unit plus no more than three nonresident assistants or employees at any one time.

Any signs used in conjunction with a home occupation shall meet the requirements of § 245-52, Signs, of this chapter, and shall not exceed four square feet.

Off-street parking shall be provided as required in § 245-51A(3).

Automobile and truck traffic generated shall not be excessive, considering both the character of the road on which the use is located and the volume of traffic that would otherwise be generated by a typical residential use.

There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties.

No offensive appearance, noise, vibration, smoke, electrical interference, dust, odors, or heat shall occur. The use of substances which may endanger public health or safety or which pollute the air or water are prohibited.

More than one home occupation may be conducted on a parcel, provided that the combined impact of all home occupations satisfies these criteria and standards.

Professional office, as defined in Article XIV;

Art restoration;

Art studio;

Babysitting;

Data processing;

Dental technician with laboratory;

Drafting and graphic services;

Dressmaking, sewing, tailoring, contract sewing;

Flower arranging;

Gardening, landscape maintenance;

Home crafts, including ceramics with kiln up to six cubic feet, jewelry making, basketry;

Housecleaning service;

Locksmith;

Sales or manufacturer representative (office only);

Swimming pool cleaning;

Telephone answering, switchboard, and call forwarding;

Tutoring;

Typing and word processing;

Watch and small appliance repair;

Writing, computer programming; and

Any other use that is permitted by right within the Base Zoning District, pursuant to the Use Table in § 245-15.

Ingress from and egress to public thoroughfares controlled by the Town;

Routing of mineral transport vehicles on roads controlled by the Town;

Requirements and conditions specified in the permit issued by the DEC concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, and hours of operation;

Enforcement of reclamation requirements contained in any DEC permit.

Shared use of existing communication towers and use of other existing structures shall be preferred to the construction of new towers. Where shared use of an existing validly approved tower occurs, the new user shall be exempt from the provisions of this § 245-56, except that any ground-level site alterations shall require site plan review. Alterations to an existing tower and installation of new equipment on an existing tower shall require a building permit only, provided that the height of the tower is not increased and that no lights are added more than 35 feet above average grade level.

Where shared use of an existing tower or location of communications equipment on another existing structure as an accessory use (see § 245-57) is a technically feasible alternative, the applicant may be denied a special permit for a new tower. In determining feasibility, the Town Board shall consider the costs to the applicant of adapting an existing facility to shared use, including structural reinforcement, preventing transmission or receiver interference, additional site screening and other physical changes to the tower and/or the site, as well as acquisition of a lease to accommodate shared use. Costs associated with this Subsection A(2) shall be considered unreasonable if they exceed the cost of the proposed new tower by more than 10%.

In approving any new communication tower, the Zoning Board of Appeals shall require that:

The minimum lot size for a new communication tower shall be five acres.

The minimum setback from any property line shall be at least the height of the tower to be erected, plus 30 feet, and shall apply to all tower parts, guy wire anchors, and accessory facilities. The setback shall be adequate to protect neighboring properties from falling ice or debris and from tower structural failures.

No communications tower shall be located within 500 feet of a residence, school, day-care center, children's camp, or other facility regularly used by minors.

Communication towers shall not be artificially lighted or marked except to ensure public safety if required by the Federal Aviation Administration (FAA). However, they shall be sited and designed to be the minimum height necessary to fulfill their purposes and to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall be an appropriate color to harmonize with the surroundings, as approved in advance by the Planning Board.

Communication tower structures shall not contain any signs other than safety warning signs.

Communication towers and related accessory facilities shall be enclosed by a fence not less than eight feet in height above ground level.

All towers and accessory facilities shall be designed and sited to minimize any adverse visual effect on the environment. The choice of a monopole, lattice or other type of structure shall be based upon technical feasibility as well as ensuring that the structure blends into its surroundings. Accessory facilities shall use building materials, colors, and textures designed to blend with the natural surroundings.

Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured four feet from the ground) shall take place prior to approval of the special permit and site plan. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited, except as may be necessary for construction of an access road.

Adequate emergency and service access and parking shall be provided, making use of existing roads, public or private, to the maximum extent feasible. Road construction shall minimize disturbance and cutting of vegetation to within the toe of fill, the top of cuts, and no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal adverse visual impact and reduce soil erosion potential.

The locations of all structures and trees on the site and on any adjacent property within 30 feet of the subject property lines.

All information prepared by the manufacturer of the tower and associated apparatus for which a special permit is being sought, including but not limited to the following:

Applicant's proposed tower maintenance and inspection procedures and records system.

In the case of new towers, the applicant shall be required to submit a report documenting the following:

A report by a qualified professional which demonstrates compliance of the proposed facility with applicable radiation and other health standards established by the FCC, as well as any other information the Board or its consultant deems necessary to establish compliance with applicable health standards.

A statement agreeing to defend and indemnify the Town of Hillsdale and any of its agents or employees from any and all claims made in connection with the installation, construction, use, or operation of the communication tower, as well as proof of insurance in an amount deemed necessary by the Zoning Board of Appeals to cover damage to persons or property, with coverage limits of at least $3,000,000. The applicant shall provide a certificate of insurance to the Town Board on annual basis, naming the Town of Hillsdale as an additional insured. The ZBA may from time to time require the applicant to increase the limits of such coverage.

A completed visual environmental assessment form (visual EAF) as part of the SEQRA documentation. The Planning Board may require a more detailed visual analysis based on the results of the visual EAF.

Landscaping and screening. The landscape plan required for site plan shall pay particular attention to visibility from key publicly accessible viewpoints within and outside the Town as identified in the visual EAF. At least one row of native evergreen scrubs or trees capable of forming a continuous hedge at least 10 feet high within two years of planting shall be provided and maintained to effectively screen the tower base and accessory facilities from adjoining property.

This section is adopted to advance and protect the public health, safety, and welfare of the Town of Hillsdale, including taking advantage of a safe, abundant, renewable, and nonpolluting energy resource; decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and increasing employment and business development in the region by furthering the installation of solar energy systems and equipment.

The goal of this section is to promote the accommodation of solar energy systems and equipment and the access to the sunlight such systems and equipment require, and to balance the potential impact on neighbors when solar collectors may be installed near their property, and on the community when solar farms or solar power plants are constructed within the Town of Hillsdale, while preserving the rights of property owners to install solar energy systems and equipment without excess regulation.

This section is also adopted in accordance with the Town of Hillsdale's Comprehensive Plan, which seeks to protect the Town's environmental and agricultural resources while also encouraging economic development.

The requirements of this section shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the State Building Code and the Town local laws and regulations.

Solar collectors, unless part of a solar farm or solar power plant, shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit collective, community, or shared solar installations or the sale of excess power through a net-billing or net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.

Solar energy systems and equipment shall not be installed or operated in the Town except in compliance with the provisions of this Solar Energy Systems Law.

Rooftop and building-mounted solar systems. Rooftop and building-mounted solar systems are permitted in all zoning districts in the Town subject to the following conditions:

Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted with the building permit application for the building containing the system.

Freestanding and ground-mounted solar energy systems. Freestanding and ground-mounted solar energy systems are permitted as accessory structures in all zoning districts of the Town subject to the following conditions:

Solar thermal systems. Solar thermal systems are permitted in all zoning districts subject to the following conditions:

Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including, but not limited to, the following:

Solar collectors and related equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties and roadways.

All solar collector installations must be performed by a qualified solar installer.

Prior to operation, electrical connections must be inspected by the Town Building Inspector and by an appropriate electrical inspection person or agency, as determined by the Town.

Any connection to the public utility grid must be inspected by the appropriate public utility.

Solar energy systems and equipment shall be maintained in good working order.

Rooftop and building-mounted solar systems shall meet New York's Uniform Fire Prevention and Building Code standards.

If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.

Marking of equipment.

Solar farms and solar power plants are permitted through the issuance of a special permit by the Zoning Board of Appeals within the RU and HB Districts, subject to the additional requirements set forth in this subsection, including site plan approval, except that solar farms and solar power plants are not permitted in the Ridgeline and Steep Slope Overlay Districts. Furthermore, it is in the interest of the Town to protect the best agricultural lands from development in order to preserve the rural character of the Town and to maintain the availability of agricultural soils for productive use. Accordingly, solar farms and solar power plants shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, soils classified as "Prime" or of "Statewide Importance" by the Natural Resources Conservation Service of the United States Department of Agriculture.

All solar farms and solar power plants are major projects for purposes of special permit review, and therefore, site plan approval by the Planning Board is also required.

Applications for the installation of solar farms and solar power plants shall be reviewed by the Zoning Officer and referred, with comments, to the Zoning Board of Appeals for special permit approval and the Planning Board for site plan review.

The Town of Hillsdale shall require any applicant to pay all associated costs incurred by the Town for any application review, including but not limited to engineering, legal, environmental, planning, and the review under SEQRA. When the Planning Board or Zoning Board of Appeals determines that a review is anticipated to require engineering, legal, environmental, or planning costs, it shall provide an estimate to the applicant. Subsequently, funds adequate to cover such estimated costs shall be placed into escrow by the applicant prior to commencement of any further Planning Board or Zoning Board of Appeals review, and shall be replenished or increased at the direction of either of such Boards.

Additional special permit application requirements.

Additional site plan review standards.

Additional supplementary regulations.

New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and wind-screen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.

To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations and to the extent practicable, new streets shall be located on an east-west axis to encourage building siting with the maximum exposure of roof and wall area to the sun. The Planning Board shall also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.

The impact of street trees on the solar access of the surrounding property shall be minimized to the greatest possible extent in selecting type and locating shade trees. Every effort shall be made to avoid shading possible locations of Solar Collectors.

When the Planning Board reviews and acts upon applications for subdivision approval or site plan approval, it shall take into consideration whether the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m. Eastern standard time for existing approved solar collectors or for solar collectors for which a permit has been issued.

The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of the Town local laws and regulations.

The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote solar access for all dwelling units. Considerations may include the following: