The park shall be at least 10 acres in size.

All manufactured homes shall be parked or otherwise be located a minimum of:

Where a manufactured home park has more than 20 manufactured homes, two points of entry and exit shall be provided. No individual manufactured home shall have direct access to a state, county or Town road without first entering a street or driveway in the manufactured home park leading to an exit. The internal road system shall be so designed to permit safe and convenient vehicular circulation within the park. All streets shall be provided with safe, dustless all-weather surfaces and have a minimum pavement width of 18 feet and otherwise meet Town highway specifications.

Two off-street parking spaces shall be provided on each manufactured home lot.

Each manufactured home park shall provide common open space for the use of the occupants of the park. Such space shall have a total area equal to at least 50% of the gross land area of the park such that the net overall density of the park shall not exceed one dwelling unit or manufactured home per 20,000 square feet of park land area.

Be no more than 10 years old at the time of their placement;

Possess a manufactured peaked shingled roof; and

Be placed on a monolithic concrete slab with concrete block wall skirting or permanent foundation.

An application for approval on a form to be supplied by the Town or, in the absence of such form, by a letter or brief from the developer or his or her representative indicating how the development will specifically comply with or meet the criteria set forth herein.

A proposed plot plan showing the approximate (generally within five feet) locations of all buildings and improvements, including parking areas, planting strips (if any), signs, storm drainage facilities, water supply, sewage treatment and collection systems and the specific areas provided as open space in connection with the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas (apart from the open space referenced below), lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in Town of Montour. Setbacks from property lines, improvements and other buildings shall also be indicated.

A schedule or plan and proposed agreement(s) either with the Town or a homeowners' association for the purpose of dedicating, in perpetuity, the use and/or ownership of the recreation area and open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall, in any event, provide to the satisfaction of the Town that maintenance and use of the property, regardless of ownership, be restricted to either:

No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed. Recreation areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting as provided for in Subsection G(2) below. They shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over 15% in grade, water bodies or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.

Land designated as open space shall be permanently maintained as such and not be separately sold, used to meet open space or recreation area requirements for other developments, subdivided or developed excepting that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided such lands are specifically defined and indicated as "reserved for future development" on all site plans. Such lands shall not be included in calculating permitted density for the proposed development. These provisions, however shall not be construed as granting or reserving to the developer any rights or privileges to develop on the basis of a preapproved plan if density or other zoning requirements shall have been modified to preclude such development.

Open space areas shall be permanently maintained so that their use and enjoyment as open space are not diminished or destroyed. Such areas may be owned, preserved and maintained by dedication to a property owners' association which assumes full responsibility for maintenance of the open space and/or deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, such portion of the open space as shall have been dedicated to recreation area for the project. This is intended to allow the owner/developer to retain ownership and use of a portion of the property (for hunting, fishing, etc.), provided the permanence of the open space is guaranteed.

Whichever maintenance mechanism(s) is used, the developer shall provide, to the satisfaction of the Town Attorney and prior to the granting of any special use and site plan review approval, for the perpetual maintenance of the open space and also the use and enjoyment of the recreation area by residents of the units being approved. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been finalized and recorded.

Developments of 50 units or more shall provide one-half acre of playground area per 50 units unless restricted to adult occupancy only.

There shall be no more than 10 dwellings in each multifamily building.

No structure shall be constructed within 50 feet of the edge of any access road to or through the development or within 10 feet of the edge of any parking area. No buildings shall be located within 100 feet of any pond, reservoir, lake or watercourse that is part of a water supply system.

Access roads through the development shall comply with minor street requirements as specified in this chapter, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.

Access and egress from the proposed development shall be to a public road, and a traffic engineering study shall be an integral part of the site plan application. Such entrances and exits shall be at least 100 feet from any intersection and shall have at least 300 feet of sight distance in both directions. No multifamily dwelling project shall be served by more than one entrance and one exit from any public highway, unless topography or other physical circumstances would preclude the use of a single entrance in a safe manner.

Parking spaces of two per unit shall be provided, plus for every two units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods.

No more than 60 parking spaces shall be provided in one lot, nor more than 15 in a continuous row without being interrupted by landscaping. All off-street parking shall be adequately lighted and so arranged as to direct lighting away from residences.

No structure shall be erected within a distance equal to its own height of any other structure.

Where a property line is not wooded, a planting strip of 50 feet in width shall be required to buffer adjoining property owners and ensure privacy. Similar buffering of areas adjoining county and state highways shall be required. A landscaping plan shall also be prepared and submitted to the Planning Board for approval.

Multifamily dwelling projects shall be subject to the stormwater management requirements of New York State law. All such planning shall also be subject to review and approval by the Town Planning Board on the advice of the Town Engineer.

All electrical and other utilities shall be placed underground and buried to a depth determined by the Town Engineer as sufficient for safety purposes.

In addition to the standards for landscaping set forth herein, the ground and vicinity of buildings shall be provided with decorative landscape materials subject to approval by the Planning Board.

Exterior lighting along walks and near buildings shall be provided utilizing architectural grade equipment and shall not create glare on adjoining units or adjoining properties.

Walks shall be provided throughout the development area to ensure that roads shall not be required for pedestrian circulation.

The Fire Inspector of the fire district in which the development is proposed shall review development plans to ensure adequate access for emergency vehicles.

The side yard applicable to a multifamily structure shall be increased by 10 feet for each dwelling unit over two within the structure.

Be for a period of not less than 15 years from the date of the final approval of said multifamily dwelling use by the Town;

Be in an amount equal to the amount collected or to be collected for long-term maintenance (as indicated in the budget referenced above) by the developer or other responsible parties from each purchaser during the first year after sales to such purchases begin, multiplied by the total number of expected purchasers.

The Planning Board shall review sign applications relative to the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. It may approve, approve with modifications, or disapprove signs. Approval shall be based on consistency with the design criteria established by the Planning Board, which may include the following:

The Planning Board shall be authorized to clarify and expand upon these review criteria, provided it shall do so in writing, and its actions are consistent with the intent of this chapter. It may also develop design examples and other materials to visually explain these review criteria.

A sign shall be permitted only in connection with a permitted use or for purposes of specifically directing drivers to a business or service location in or adjacent to the Town.

All signs shall be immediately removed when the reasons for their erection no longer apply.

Signs shall not be permitted on the roof or above the roof line of the building to which they are attached.

No part of any sign shall project above the top or beyond the ends of the wall surface upon which it is located or extend more than 18 inches perpendicular from such surface.

Signs, other than official traffic signs, shall comply with side yard setbacks as established for principal structures in the district where the sign is located.

No sign shall use any word, phrase, symbol or character that such sign could reasonably be interpreted by a motorist as being a public safety warning or traffic sign.

No light shall be permitted that by reason of intensity, color, location, movement or directions of its beam may interfere with public safety.

No sign or other advertising material or merchandise displayed for such purpose shall be attached to any tree, utility pole, public structure or other object not intended for such use.

A portable sign shall be considered a freestanding sign and be subject to all regulations pertaining to such signs. All portable signs shall require permits however.

No sign shall exceed in height 1/2 its distance from the highway right-of-way, notwithstanding any other height limitation which may also be applicable.

If such signs are pole signs or portable signs, they shall not exceed 32 square feet each in surface area for both sides combined, shall not exceed 20 feet in height and shall be setback from the edge of the highway right-of-way line no less than 25 feet. All pole signs shall be separated by a distance of no less than 100 feet.

If such signs are ground signs, they shall be permitted, provided they do not exceed 64 square feet each in surface area for both sides combined or six feet in height.

Name plate signs shall be permitted on all lots, provided they do not exceed two square feet in surface area or one in number per lot.

Signs connected with residential properties shall be limited to the following and nothing herein contained shall prevent the placement of the following signs in any other district:

Not more than two signs shall be placed upon any property unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage. No signs shall be illuminated.

The specific location of principal and accessory buildings on the site in relation to one another and to other structure in the vicinity.

Existing state, county or Town highways which provide access to the site.

The vehicular traffic circulation features within the site, including proposed highways to be dedicated to the Town, if any, proposed roadways and driveways, and the number, size and location of automobile parking areas, unloading areas, and access to such areas.

The height, bulk and general architectural style of buildings and the intended use for each such building.

The pedestrian circulation and open space in relation to structures.

The location, type and size of display signs, driveways and landscape features.

The safeguards to be provided to minimize possible detrimental effects of the proposed use on adjacent properties on the neighborhood in general.

The type and location of water supply system, storm drainage system, if any, and the sanitary waste collection and disposal system to be installed in the development.

Streets, highways and roadways.

The sanitary sewage disposal system.

The water supply system.

The storm drainage system.

Building placement and site development layout shall respectfully incorporate the site's topography, existing vegetation and other unique features. Spatial relationship between buildings and other structures shall be geometrically logical and/or architecturally formal (i.e., not haphazard or random). On a lot with multiple buildings, those located on the interior of the site shall front towards and relate to one another, both functionally and visually, and may be organized around features such as courtyards, greens or quadrangles. Smaller, individualized groupings of buildings are encouraged. Buildings shall be sited to provide adequate and safe fire and emergency access.

New construction affecting existing buildings of historically traditional architectural design within the community shall respect the existing height, bulk, scale and style of the existing architecture wherever practical. Materials used may be required to be of a similar color, texture and style of the existing architecture, excepting that the Town may require conversion to permanent structures in the cases of changes or additions to seasonal use buildings.

Buildings shall relate in scale and design features to the surrounding buildings, showing respect for existing and neighborhood architecture. Buildings shall avoid long, monotonous uninterrupted walls or roof planes. Building wall offsets, including projections, recesses, and changes in floor level, shall be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets shall be provided, in order to provide architectural interest and variety to the massing of the building and to relieve the effect of a single, long roof.

All materials, colors and architectural details used on the exterior of the building shall be compatible with the building's style and with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall incorporate such into its design.

The architectural treatment of the front facade shall be continued, in its major features, around all sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials colors and details. Blank walls or unscreened service areas along side and/or rear elevations are discouraged.

All nonresidential uses shall prepare a landscaping plan consistent with the requirements of § 175-18, Landscaping, screening and buffer regulations. Existing trees over eight inches dbh shall be incorporated in the site design to the maximum extent practical, as shall be determined by the Planning Board, and none shall be removed prior to site plan review and approval. Plant suitability, maintenance and compatibility with site and construction features are critical factors which shall be considered for areas landscaping along the building foundation; between the building and sidewalks and between the sidewalk and the roadways; within and around parking areas; and between the sidewalk and front of building.[1]

Driveway, sidewalk/walkway and curb materials shall be functional and compatible with the style, materials, colors and details of the surrounding buildings. The selection and use of pavement and curb materials shall consist of a stable material. Modular masonry materials, such as brick blocks, slate and concrete pavers, or cast-in-place materials, such as exposed aggregate concrete slabs, shall be used, whenever possible, on sidewalks, pedestrian walkways and pathways. Granite, concrete or Belgian block shall be used for curbs, except as may be required to accommodate storm drainage measures. Asphalt shall not be permitted for sidewalks or curbs. Transitions in paving patterns or materials shall provide a smooth and continuous surface.

Site access is required to be located at the point closest to the side property line to provide for a shared entrance with the adjoining property. If an adjacent property is already developed with an existing appropriately located access, opportunities for the shared use of the existing access shall be exhausted prior to consideration of separate access to the property. The Planning Board may require the establishment of easements as appropriate.

Where properties adjoin others with sidewalks, sidewalks with a minimum width of five feet shall be provided along the property's street frontages and at least eight feet shall be provided between the edge of the sidewalk and the back of curb or shoulder and shall be designed in accordance with applicable standards. These standards may be modified by the Planning Board to accommodate existing and adjacent sidewalks.

In addition to otherwise applicable parking standards contained herein, parking areas within the districts may be unpaved partially or wholly except for handicap accessible parking areas and travelways, but shall be of an appropriate material as set forth therein. Off-street parking and loading facilities shall generally be placed to the rear and/or on one side and with minimal parking between the front lot line and the buildings. At the time of change of use, or expansion, alteration or renovation of an existing use, existing parking at the front of the property of preexisting buildings shall require, at minimum, a ten-foot wide landscape buffer consisting of a hedgerow, berm or combination to screen the parking area from the adjacent road. Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spill-over light, glare, noise or exhaust fumes onto adjacent properties, in particular adjacent to residential properties. Parking areas shall be accessed by means of shared or common driveways, preferably from side streets or lanes. Off-street parking areas of less than 25 spaces shall, wherever possible, be interconnected with parking areas on adjacent properties. Cross-access easements for adjacent lots with interconnected parking areas shall be required.

Adequate lighting which provides security and visual interest shall be provided, while minimizing adverse impacts, such as overhead skyglow and glare on adjacent properties and the public rights-of-way. The maximum height from the ground to top of any lighting fixture shall be 15 feet if not mounted on a building. Lighting shall be decorative and blend with the architectural style of the development and surrounding area. Lighting fixtures attached to the exterior of the building shall be architecturally compatible with the styles, materials, colors and details of the building. Any outdoor lighting fixture shall be shielded in such a manner that the edge of the shield is below the light source and direct rays from the light source are confined to the property boundaries, except for access areas to commercial uses where additional lighting may be needed where such access intersects with a public road or walkway. In no instance shall site access lighting spill into the roadway of any public roads; and direct rays shall be prevented from escaping toward the sky. Lighting on all externally lit signs shall be mounted above the sign and focus on the sign from above the sign.

Signs shall be compatible with building style in terms of location, scale, color and lettering, and in proportion with the size of the building and existing area signage. Signs shall fit within the existing facade features, shall be confined to signable areas, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located. Signs located along highway must be integrated into site landscaping. New signs shall be subject to site plan review. Existing signs being altered shall also be modified to comply. All sign standards otherwise applicable shall also be met.

Utilities for new projects must be installed underground if on same side of the road. When possible, existing abovegrade utilities shall be placed underground.

Sites shall be maintained in accordance with the approved plans and shall be free of litter. Landscaping shall be appropriately maintained; dead, dying or diseased landscaping shall be replaced as needed. Every land use shall include adequate provisions for waste disposal, as determined by the Planning Board based upon documentation submitted by the applicant. Enclosure of waste storage facilities shall also be required.

Documentation of intent from the owner of any existing facility to allow shared use of the same.

A site plan depicting all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads.

A professional engineer's report certifying that any proposed shared use will not diminish the structural integrity and safety of the existing structure, and explaining what modifications, if any, will be required in order to so certify.

A completed visual environmental assessment form addendum. This addendum shall be accompanied by a visual impact assessment, including a zone of visibility map, which shall be provided in order to determine locations where the tower may be seen. Visual representations of before and after views from key viewpoints both inside and outside of the Town, including, but not limited to, state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.

A certified copy of the Federal Communications Commission (FCC) license to operate the telecommunications facility.

If land is leased, documentation of intent from the owner to allow use and affirming intent to remove the tower if abandoned, obsolete or unused for more than 24 months.

A letter of intent committing the owner of any proposed new tower and successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future.

Documentation that the proposed tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as Federal Aviation Regulations (Code of Federal Regulations, Part 77).

A site location alternative analysis, including an analysis of the location priorities set forth above, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen.

An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.

The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute, TAI/EIA-222-F Manual, as amended, and withstand wind gusts of up to 100 miles per hour.

An antenna may not be located on a building or structure that is listed on a historic register or within 500 feet of such a building or structure.

Telecommunications facilities shall be permitted in any B-1 or RD District.

Minimum yards of 200 feet shall be provided on all sides of telecommunications facilities. A telecommunications facility shall be permitted on a property with an existing use, provided the minimum yard shall apply to the area proposed for use as a telecommunications facility and the land remaining for accommodation of the principal use on the lot shall comply with the standard minimum yard provisions of the district.

Telecommunications towers shall not exceed 250 feet in height.

Where an antenna for a telecommunications facility is to be attached to an existing structure or building, it shall extend a maximum of 75 feet above the existing building or structure. Illustrations shall be provided for all such facilities.

Notwithstanding minimum setbacks provided for above, any tower shall be set back from all property lines a distance that is at least equal to the height of the tower.

Vehicular access shall be provided to the facility and be of such passable condition as to be safely accessible by emergency and maintenance vehicles and equipment. Road construction shall, at all times, minimize ground disturbance.

No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.

The Planning Board shall be satisfied that the tower for the telecommunications facility is the minimum height necessary for the service area and that the site chosen is the one that will afford the opportunity to construct the lowest height telecommunications tower possible, taking into consideration all lands available within a reasonable distance, including those which may lie within adjoining municipalities.

The need for additional buffer yard treatment shall be evaluated. Proximity of the telecommunications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.

Visual assessment data shall be used to determine how the telecommunications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers. Camouflaging or relocation of the structure may be required. The Planning Board shall also consider alternative sites in assessing visual impacts and the imposing of conditions as may be required to minimize such impacts, including requirements that any tower be of a shape, contour and finish (either painted or unpainted) that minimizes its visual impact. The Planning Board may also require a tower to be in the shape of a tree, flagpole, church steeple or other similar tall structures. Accessory structures shall similarly maximize the use of building materials, colors and textures designed to blend with natural surroundings.

Freestanding pole-type telecommunications structures shall be given preference over towers supported by guy wires.

All telecommunications structures shall be lighted for safety in a manner consistent with industry best practices and where lighted additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

Should any tower cease to be used as a telecommunications facility, the owner or operator of the tower or then owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Town of Montour to remove the facility and charge back the cost of removal to the foregoing parties. The Town of Montour may also file a municipal lien against the land to recover the costs of removal and attorney's fees.

Shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be given preference over construction of new towers. Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(1) of this section above. Any proposals for a new telecommunications tower on an existing site shall also be subject to special use permit procedures.

An applicant for approval of a telecommunications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of co-located facilities, and co-location shall be mandatory wherever physically feasible. Should co-location not be feasible, the applicant shall demonstrate that a good-faith effort has been made to mount the antenna on an existing building or structure, including of proof of contacts, building investigations and similar evidence. Should such efforts fail to result in a suitable site, a new telecommunications tower may be permitted, but shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities, including provision of the necessary tower height to accommodate such other users without adding additional height in the future. Where co-location is proposed, the different companies using the facility shall also work from common maintenance and service buildings, if the same are located on the site.

A copy of an executed interconnection agreement with NYISO and the transmission owner.

Location, approximate dimensions and types of major existing structures and uses on the site, public roads, and adjoining properties within 500 feet of the boundaries of any proposed wind turbines, or 1 1/2 times the total height of such wind turbines, whichever shall be greater.

Location and elevation of each proposed wind turbine.

Location of all above and below ground utility lines on the site as well as transformers, the interconnection point with transmission lines, and other ancillary facilities or structures.

Locations of buffers as required by this chapter.

Location of the nearest residential structure(s) on the site and located off the site, and the distance from the nearest proposed wind turbine.

All proposed facilities, including access roads, electrical substations, storage or maintenance units, and fencing.

A vertical drawing of the wind turbine showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors.

A lighting plan showing any FAA-required lighting and other proposed lighting.

A construction schedule describing commencement and completion dates, including a traffic analysis with a description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles.

An operations and maintenance plan providing for regular periodic maintenance schedules, any special maintenance requirements and procedures and notification requirements for restarts during icing events.

A decommissioning plan that addresses the anticipated life of the wind turbine, the estimated decommissioning costs and the method of ensuring funds shall be available for decommissioning and restoration.

A complaint resolution process to address complaints from nearby residents. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.

A full environmental assessment form, as provided by the New York State Environmental Quality Review Act (SEQRA).

A study of potential shadow flicker, including a graphic to identify locations where shadow flicker may be caused by the wind turbines and expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures to be taken to eliminate or mitigate problems.

A visual impact study of the proposed wind turbines as installed, which may include a computerized photographic simulation and digital elevation models demonstrating visual impacts from strategic vantage points. Color photographs of the site accurately depicting existing conditions shall be included. The visual analysis shall also indicate color treatment of system components and any visual screening to be incorporated into the project to lessen the system's visual prominence.

A noise analysis by a competent acoustical consultant documenting the noise levels associated with the proposed wind turbine, existing noise levels at site property lines and at the nearest residence not on the site. The noise analysis shall include low-frequency noise. The applicant shall also submit plans for post-development noise monitoring.

An assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication.

An assessment of the impact of the proposed development on the local flora and fauna, including migratory and resident avian species.

All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.

No television, radio or other communication antennas may be affixed or otherwise made part of any wind turbine, except with approval by the Town of Montour Planning Board. Applications may be jointly submitted for wind turbine and telecommunications facilities.

No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.

No tower shall be lit except to comply with Federal Aviation Administration (FAA) requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the wind energy facility development plan.

All applicants shall use measures to reduce the visual impact of wind turbines to the extent possible. Wind turbines shall use tubular towers. All structures in a project shall be finished in a single, nonreflective matte finished color or a camouflage scheme. Wind turbines within a multiple wind turbine project shall be generally uniform in size geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

Guy wires shall not be permitted except to address unique safety issues and then only with specific permission by the Planning Board in the form of a waiver.

No wind turbine shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other communication systems would produce electromagnetic interference with signal transmission or reception. If it is determined a wind turbine is causing electromagnetic interference, the operator shall take necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of issues with the affected parties. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy facility permit for the specific wind turbine or wind turbines causing the interference.

All construction debris shall be removed from the site or otherwise disposed of in a manner acceptable to the Planning Board.

Wind turbines shall be designed to minimize the impacts of land clearing and the loss of important open spaces. Development on agricultural lands shall follow the Guidelines for Agricultural Mitigation for Windpower Projects published by the State Department of Agriculture and Markets, to the maximum extent practicable.

Wind turbines shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity.

No shadow flicker shall be permitted on any off-site residences.

All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

Wind energy facilities shall be gated or fenced to prevent unrestricted public access to the facilities and reduce any attractive nuisance aspects of the use.

Warning signs shall be posted at the entrances to the wind energy facility and at base of each tower warning of electrical shock or high voltage and containing emergency contact information.

No climbing pegs or tower ladders shall be located closer than 15 feet to the ground level at the base of the structure for freestanding single pole or guyed towers.

The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.

Wind turbines shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.

Construction and delivery vehicles for wind turbines and/or associated facilities shall propose, and the Planning Board shall approve or modify, designated traffic routes to minimize traffic impacts from construction and delivery vehicles, wear and tear on local roads and impacts on local business operations.

The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a wind turbine. A public improvement bond may be required prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to Town or county roads if any of these roads will be among the designated traffic routes. The applicant shall consult with the Town Highway Superintendent and/or the Schuyler County Department of Public Works to obtain a written recommendation for bonding form and amount, which form and amount shall be approved by the Planning Board.

Each wind turbine shall be set back a distance of 500 feet or 1 1/2 times the total height of the largest wind turbine, whichever shall be greater, from any public road, off-site residence, lodging facility, public building, church and other institution. No wind turbine shall be located within its own total height of a site boundary line.

The statistical sound pressure level generated by a wind turbine shall not exceed L10 - 30 dBA measured at the nearest residence located off the site. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. Independent verification by an acoustical engineer certified with the Institute of Noise Control Engineering shall be provided before and after construction demonstrating compliance with this requirement.

In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection C(17) of this section shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.[1]

Should the ambient noise level (exclusive of the development in question) exceed the applicable standard given above, the applicable standard shall be ambient dBA plus five dBA. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than six minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public buildings. Ambient noise level measurements shall be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation.

An applicant may, with approval from the Planning Board, meet noise and setback standards by obtaining written consents from affected property owners stating they are aware of the wind energy facility and the noise and/or setback limitations imposed by this chapter, and that consent is granted to allow noise levels to exceed the maximum limits provided herein or reduce setbacks to less than required. Such consents shall be in the form required for easements and be recorded in the County Clerk's office describing the benefited and burdened properties. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Planning Board, which consent shall be granted upon either the decommissioning of the benefited wind turbine in accordance with this chapter, or the acquisition of the burdened parcel by the owner of the benefited parcel or the wind turbine. No such easement shall permit noise levels at any other location within or outside the areas prescribed to exceed the limitations of this chapter.

A system shall be located on a lot a minimum of one acre in size; however, this requirement can be met by multiple owners submitting a joint application.

Only one small wind turbine per legal lot shall be allowed, unless there are multiple applicants, in which their joint lots shall be treated as one site for purposes of this chapter.

Small wind turbine shall be used primarily to reduce the on-site consumption of electricity.

Total heights shall be a maximum of 100 feet on parcels between one and five acres and 150 feet or less on parcels of five or more acres.

The maximum turbine power output is limited to 100 kW.

Tower-climbing apparatus shall be located no closer than 12 feet from the ground, a locked anticlimb device shall be installed on the tower or a locked, protective fence of at least six feet in height that encloses the tower shall be installed to restrict tower access.

Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three feet to eight feet above the ground.

No adult use shall be located within a five-hundred-foot radius of a RD Zoning District.

No adult use shall be located outside a B-1 Zoning District or within a one-thousand-foot radius of the property of any residence, residential facility, institution, health facility, child-care center, church, synagogue, other place of religious worship, school, public or semi-public use, public park or recreation facility, youth oriented center, playground or playing field, cemetery, other adult use or any establishment that sells alcoholic beverages.

Public appearance by a person knowingly or intentionally engaged in specified sexual activities.

The knowing and intentional public appearance of a person in a state of nudity.

Touching of patrons or the performance by any entertainer in an adult use facility within six feet of the nearest patron.

Sale of alcoholic beverages.