The proposed use or structure is appropriate for the specific site and is compatible with adjacent buildings in form, placement and design. The design and layout of buildings and other proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity. The scale, height, bulk and proportions of the proposed buildings, their design, including roof style, facade openings, architectural style and detailing and building materials, shall be visually and dimensionally compatible with the surrounding area.

The proposed use as developed will not adversely affect the established physical and visual pattern of land use and will not have negative effects on Island and neighborhood character. The landscape shall be developed in such a manner as to be in keeping with the character of the surrounding neighborhoods and in accordance with good development practice by minimizing vegetation and soil removal, retaining existing vegetation where desirable, and keeping any grade changes in character with the general appearance of neighboring areas. If a site includes a ridge or ridges above the surrounding areas and provides scenic vistas for surrounding areas, special attempts shall be made to preserve the natural environment of the skyline of the ridge.

The proposed use or structure will not cause a nuisance or serious hazard to pedestrians or landward and seaward vehicles and their users.

Adequate and appropriate infrastructure facilities, including but not limited to sewage disposal and drainage, will be provided to assure the proper operation of the proposed use or structure.

There will not be significant negative impact on important natural resources, including but not limited to habitats or species listed as endangered, threatened or of special concern to the Rhode Island Natural Heritage Program, or on historic or archeological resources identified in the Comprehensive Plan or a document referenced therein.

If involving employment, the use will be supportive of the goals and objectives for economic development in the Economic Development element of the New Shoreham Comprehensive Plan, as most recently amended.

The use is consistent with the purpose of this Zoning Ordinance, the purpose of the zoning district in which the use is proposed, and the goals and objectives of New Shoreham's Comprehensive Plan, as amended, the Old Harbor Plan, as amended, or any other adopted Town Plan.

To the degree reasonably possible, dependency on individual motor vehicles for access by users shall be reduced through site selection (e.g. relatively central, or proximate to users), development design and facilities (e.g. good pedestrian and bicycle provisions, site arrangement facilitating shuttle buses or other auto alternatives, on-site mixture of uses), and proposed operations (e.g. provision of employee transportation).

The proposed uses and structures will not cause a degradation of the quality of surface or groundwater.

Assembly Halls.

Commercial Radio/TV.

Commercial Day Care Center.

Government Facility.

Public Works Facility.

Religious Facility.

Commercial Stables.

Theaters.

Permanent preservation of open space, particularly in large contiguous areas within the site or linked to off-site protected areas;

Protection of natural or cultural resources, including agricultural land and historic and archeological assets;

Protection of the character of Block Island through preservation of open space within view from public roads, preservation of stone walls and other historic landscape features, and siting of dwellings at low-visibility locations;

Protection of road appearance and capacity by avoiding development close to or egression directly onto such roads;

Location of development on sites best suited for development, and avoidance of development potentially damaging to environmentally fragile or historically important locations;

Low impact development by minimizing roadway length and width, making use of nonstructural drainage facilities, and siting dwellings to allow efficient use of alternative energy (solar and wind); and

Privacy for residents of individual lots.

Number of Lots. The total number of building lots created from any parcel shall be no greater than the number which could be expected to be built upon that parcel under a conventional subdivision plan. This must take into consideration how much of the land is actually buildable in compliance with all applicable town and state development requirements, based upon review of a concept plan submitted by the applicant showing division in compliance with the dimensional standards of Article 3.

Lot Area. While variations in lot size and configuration are encouraged in order to preserve open space and protect important site features, the following minimum lot areas are required:

Road Frontage. There is no categorical minimum frontage along either a public or private road required. The frontage provided need only be that necessary to meet building envelope location requirements and to provide for adequate access to the building site. Where shared driveways or other circumstances render frontage on a road to be not necessary for physical access to the lot, none is required.

Existing Road Protection. Lots having reduced area or frontage shall not have frontage on a road other than one created by the development involved, unless specifically authorized by the Planning Board where justified by peculiar site circumstances.

Building Envelope Dimensions. All existing and proposed buildings shall be located within a building envelope to be designated for each lot on the land development plan, approved by the Planning Board, subject to the following dimensional requirements:

Building Envelope Standards. In addition to the dimensional requirements above, the designation of a building envelope shall be subject to the following site standards:

Minimum Open Space Required. Although the amount of open space land may vary depending upon the characteristics of the parcel proposed for Flexible Design Residential Development, a minimum of 50% of the developable land area (See § 202) must be set aside as protected open space.

Open Space Design Standards.

Allowable Uses in the Open Space. Uses within the open space shall be limited to the following, and must be approved by the Planning Board as part of an open space plan:

Open Space Ownership and Management Standards.

In addition to any relevant submittal requirements for a Special Use Permit application, the applicant shall submit the following:

The Zoning Board shall refer the application to the Planning Board for an advisory recommendation regarding the special use permit application, and to the Historic District Commission for an advisory on building siting and massing.

An approval of a Secondary Dwelling Development may include additional conditions as deemed appropriate to achieve the purpose of this section, and shall be conditioned upon completion of the review and approval of site plans by the Planning Board.

In reviewing the plans and materials, the relevant development plan review standards shall be applied, as well as the design intent and standards contained in this section.

The Planning Board shall determine the consistency of the application for a Secondary Dwelling Unit with the purpose of this section and with the Comprehensive Plan.

An approval of a site plan for a Secondary Dwelling Development may include additional conditions as deemed appropriate by the Planning Board to achieve the design intent of this section, provided such conditions do not serve to deny the applicant the right to construct a secondary dwelling unit as allowed by the permitting authority.

The floor area used for living space (See § 202, Definitions, "Floor Area, Living") of the dwellings within a Secondary Dwelling Development shall be limited as follows:

The building height of the Secondary Dwelling Unit, or of both units if neither is constructed at the time of the application, shall not exceed 30 feet.

The total lot building coverage in the Residential A Zone shall not exceed 2.5%, except however, if the building height of the secondary dwelling unit is 28 feet or less, the lot coverage may be increased to 3%. The total lot building coverage in the Residential B Zone shall not exceed 4.5%, except however, if the building height of the secondary dwelling unit is 28 feet or less, the lot coverage may be increased to 5%.

The two dwellings shall be separated by not more than 50 feet unless the permitting authority determines that site circumstances require a wider separation in order to achieve consistency with the design intention of the ordinance or for public safety purposes.

Units in existing structures not served by municipal sewer shall be developed at a density based on no less than 20,000 square feet of lot area per unit.

Each unit shall have a minimum of 800 square feet of floor area, year round insulation, and a full heating system.

Only such additions to an existing building shall be allowed as are necessary to meet health, building and fire code requirements.

No additional entries shall modify the street frontage of the building.

Dimensional Requirements. Developments shall conform to the following dimensional requirements:

Unit Configuration Standards. The following layout standards shall be met:

Other Standards. New Multi-Family Developments shall also meet the following standards:

Open Space. The provisions of § 402, Flexible Design Residential Development, shall apply.

For each affordable unit provided, or in the case of a subdivision, for each lot to be set aside for the construction of an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to 50%.

The residential density allowed on a parcel of land, or the number of lots in a subdivision, shall be determined by the total of:

The provision of an affordable housing unit or units under this section may allow the development of up to two dwelling units (one market rate and one affordable or two affordable) on a single lot in those zoning districts which otherwise limit residential use to one dwelling unit per lot. Such units may also be attached (two-family structure).

For each affordable unit provided, or for each lot to be set aside for an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to 75%.

The provision of affordable housing under this section may allow attached multi-family development in those zoning districts where such use is otherwise prohibited:

The provisions of this § 405E shall automatically expire upon the first of the following to occur:

Type of units proposed, with preference given to projects that address the greater affordable housing need, whether rental units or home ownership units;

Whether or not the project involves new development or redevelopment, with preference given to adaptive reuse of existing structures, and conversion of existing units to long-term affordable units; and

Location of proposed project relative to the location of other affordable housing units, with consideration given to the distribution of affordable housing throughout the island.

The housing conforms to the definition of affordable housing in § 202.

The project is environmentally sustainable in view of the carrying capacity of the land and the availability of utilities, and concerns regarding drainage, water quality, traffic, access and parking, as applicable, have been adequately addressed.

Concerns regarding drainage, water quality, traffic and access, as applicable, have been adequately addressed, and parking commensurate with projected need has been provided onsite, including the minimum of two spaces per dwelling unit as well as that for additional expected vehicle ownership, and with consideration of guest parking needs. As a condition of approval, the permitting authority may require parking spaces in excess of that required under § 502.

The project is compatible with neighboring land uses, or has been designed to mitigate the impacts of any necessary incompatibilities.

The affordable housing units are to be duly deed-restricted so as to remain permanently affordable to the extent permitted by applicable law, but in no event less than 99 years, including a suitable mechanism for monitoring the long term affordability of the units.

The sponsoring person or entity has the qualifications, resources and due capability to complete the project and to duly arrange for its financing and construction.

The affordable housing project does not exceed 16 units.

For multi-family affordable rental units provided under § 405E,2.b above, each one bedroom unit does not exceed 800 square feet of habitable space, each two bedroom unit does not exceed 1,200 square feet of habitable space, each three bedroom unit does not exceed 1,400 square feet of habitable space, and each four bedroom unit does not exceed 1,600 square feet of habitable space.

The project, if involving a subdivision of three or more lots, has been designed as a Flexible Design Residential Development under the provisions of § 402, unless a waiver is granted by the Planning Board. In order to accommodate the increased density while providing for the protection of open space, the minimum lot area within a Flexible Design Residential Development in the RA and RB Zones may be reduced to 5,000 square feet.

Individual building footprint in excess of 2,000 square feet, exclusive of ground level or first floor decks, or one story (no floor area above) unenclosed porches;

Total living area in excess of 4,000 square feet;

Total gross area in excess of 5,000 square feet, exclusive of ground level or first floor decks or one story unenclosed porches;

Total building volume in excess of 45,000 cubic feet; and/or

Any retaining wall constructed of concrete, metal, fiberglass or other similar manufactured material that is in excess of five feet in height and/or 15 feet in length necessary for the siting and construction of the building. Retaining walls constructed only of stone or timber, or associated with a walk-out basement for a total length not to exceed 20 feet on either side of the walk-out, are excluded from this category.

Interior work, including the conversion of existing floor area, such as an attic or unfinished basement, into living area;

Replacement of building materials (siding, windows, doors, roofing, etc.);

Structural repairs involving in-kind replacement (such as foundations, walls, porches, columns and the like); and/or

Changes in building footprint that involve addition of a ground level or first floor deck, or a one story unenclosed porch.

All other changes involving an increase in building footprint, gross floor area or building volume, or any site alteration involving the new construction of a concrete or similarly constructed retaining wall exceeding either five feet in height or 15 feet in length, shall be subject to the special use permit provisions contained in this section.

In addition to any relevant submittal requirements for a Special Use Permit application, the applicant shall submit the following:

The Zoning Board shall refer the application to the Planning Board for an advisory opinion regarding the Special Use Permit application.

An approval of an application for a Special Use Permit for a residential structure under the provisions of this section may include conditions deemed appropriate by the Zoning Board to achieve the purposes of this section, including changes in architectural elements.

The construction of the residential structure does not require a variance for any dimensional standard including lot building coverage, lot coverage or building height, with the exception of a variance for a yard setback as recommended by the Planning Board to provide for more appropriate siting of the structure on the lot.

All performance standards contained in § 514, Residential Structures, in the RA and RB Zones, are met.

A structure with a building footprint greater than 3,000 square feet in area, exclusive of ground level or first floor deck, or one story unenclosed porch, is mitigated as follows:

Balconies, decks and other similar flat unroofed features projecting from a residential structure at a deck floor height of more than five feet above ground level may not exceed 1,200 SF. Balconies, decks and other similar flat unroofed features must be supported by at least one of the following means: (1) bordered on a minimum of two sides by exterior walls of the residential structure resulting in the unroofed feature having a maximum of two sides with guard rails, (2) located above and supported by enclosed and heated finished living space below, (3) supported by and built into a sloping roofline below, (4) supported by and located above a finished porch. Balconies, decks and other similar unroofed features must be well integrated into the design of the building in scale, placement and detailing.

No kitchen or food preparation facilities are allowed in individual units regardless of form of ownership and use pattern.

Individual accommodations shall not be less than 240 square feet including closets but not bathrooms.

Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

Standards for Renovation of Existing Buildings. The development of hotels within existing structures shall conform to the following standards governing renovations, additions and occupancy:

Accessory to a hotel: A restaurant in the RC/M Zone shall be allowed only as an accessory use to a hotel which is actively operating on the property, and shall be contained on the same parcel as the hotel.

Conforming lot: The hotel for which a restaurant is proposed as an accessory use shall be on a parcel meeting the dimensional requirements of § 407, Hotels.

Liquor service limitations: The liquor license granted to a hotel restaurant shall be restricted to a BV license with service hours as established by the licensing authority.

Capacity limit: The capacity of the restaurant shall be in accordance with applicable Town rules and regulations, but in no case exceed fire safety requirements. The permitting authority may further limit seating based upon site and neighborhood characteristics.

Outside seating: Outside seating may be allowed as part of a restaurant accessory to a hotel, provided that the total number of restaurant seats does not exceed that allowed under the provisions of this section. Any outside seating arrangement shall be included in the site plans approved by the permitting authority as part of the special use permit. Outside seating shall be designed so as to mitigate visual, noise and lighting impacts on adjoining properties through proper screening and placement.

Hours of operation: All restaurants located on the same parcel as a hotel as approved under the provisions of this section shall be limited to operating between the hours of 6:00 a.m. and 10:00 p.m.

Parking: In addition to the required parking for the hotel, there shall be one parking space provided per 10 restaurant seats. The Zoning Board of Review may allow a reduction in the required parking, however there shall be no fewer than one parking space per 15 seats.

Special provisions. The development plans for a restaurant proposed as an accessory use to a hotel shall show, in addition to all other Development Plan Review requirements of this Ordinance, the following:

Discontinuance of use. If such restaurant should cease to operate for a period of two years, the special use permit shall expire. Reinstatement of the restaurant use shall require submittal of a new application and appropriate approvals by the Zoning Board of Review and the Planning Board.

No kitchen or food preparation facilities are allowed in individual units regardless of form of ownership and use pattern.

Individual accommodations shall not be less than 240 square feet including closets but not bathrooms.

Specific Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

Accessory hotel rooms are allowed. The total number of accessory hotel rooms in any hotel shall not exceed one accessory hotel room for every four hotel rooms in the main hotel building. In no event shall there be more than six accessory hotel rooms for any hotel.

Standards for Renovation of Existing Buildings. The development of hotels within existing structures shall conform to the following standards governing renovations, additions and occupancy:

No kitchen or food preparation facilities are allowed in individual units regardless of form of ownership and use pattern.

Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

Accessory to an Inn. A restaurant in the M Zone shall be allowed only as an accessory use to an inn which is actively operating on the property, and shall be contained within the same building as the inn.

Conforming Lot. The inn for which a restaurant is proposed as an accessory use shall be on a parcel meeting the dimensional requirements of § 408, Inns.

Liquor Service Limitations. Such restaurant shall not include any bar seating and the liquor license granted to an inn shall be restricted to a BVL license with service hours not to extend beyond 10:00 p.m.

Capacity Limit. The capacity of the restaurant shall be limited to no more than four seats per room or suite, but in no case exceed 40 seats. The permitting authority may further limit seating based upon site and neighborhood characteristics.

Outside Seating. Outside seating may be allowed as part of a restaurant accessory to an inn, provided that the total number of restaurant seats does not exceed that allowed under the provisions of this section. Any outside seating arrangement shall be included in the site plans approved by the permitting authority as part of the special use permit. Outside seating shall be designed so as to mitigate visual, noise and lighting impacts on adjoining properties through proper screening and placement.

Hours of Operation. All restaurants located within an inn as approved under the provisions of this section shall be limited to operating between the hours of 6:00 a.m. and 10:00 p.m.

Parking. In addition to the required parking for the inn, there shall be one parking space provided per 10 restaurants seats. The permitting authority may allow a reduction in the required parking, however there shall be no fewer than one parking space per 15 seats.

Buildings. Any building associated with a recreational facility shall have allocated to it a minimum lot area of 5,000 square feet in addition to the playing field or court and associated buffers; such building shall have a footprint not to exceed 800 square feet and shall be no more than 20 feet in height. Such building shall be used only for purposes directly related to the recreational use that it serves.

Lighting. General nighttime illumination of a recreational facility shall be permitted only if it has no adverse impact on neighboring properties.

Field Sports. Field sports shall have a fifty-foot wide planted buffer at the borders of the playing area and a 100-foot wide buffer from any wetlands and bluffs.

Golf Courses. Golf courses shall conform to the following dimensional, buffering and grading requirements:

Tennis Courts. Tennis courts shall be constructed in groups of not more than four contiguous courts, each such group to be bordered by a fifty-foot wide open buffer. Fences shall be no more than 10 feet high and shall be screened by a contiguous hedge at least eight feet high.

Commercial. The first floor at street level shall be used for commercial purposes, except that the rear portion of the building not fronting on a street may be used for residential purposes. Commercial uses include retail trade, professional and business services, and restaurants, provided such uses are allowed in the zoning district in which the Commercial/Residential Mixed Use is located.

Residential. A portion of, or the entire second floor, or upper floors if the building is more than two stories in height, shall be used for residential purposes consisting of separate dwelling units. A total of 40% of the dwelling units, but a minimum of one dwelling unit per building, shall be dedicated for occupancy by persons deriving income from seasonal or year-round employment from the operation of a business in the town through a deed restriction running with the property in favor of the Town of New Shoreham in accordance with the provisions of § 513E, or by qualifying as low or moderate income housing under the RI Low and Moderate Income Housing Act. The 40% requirement may be applied on a parcel basis if more than one building on a lot or lots under common ownership consists of a Commercial/Residential Mixed Use building, provided there is one such dedicated or affordable apartment per building regardless of the total number of residential units included as part of the Commercial/Residential Mixed Use.

Public Sewer and Water. A Commercial/Residential Mixed Use shall be required to be connected to the municipal sewer system and where feasible, to the municipal water system.

Density. Dwelling units that are part of a Commercial/Residential Mixed Use are permitted on the lot or parcel in question without regard to the residential density that would otherwise be required for the zoning district under Article 3. Density shall be determined by availability of parking for all uses and limits on lot building coverage, lot coverage and building height.

Minimum Dwelling Size. Dwelling units in a Commercial/Residential Mixed Use shall not be less than 340 square feet of living area.

Parking, Landscaping and Lighting Provisions. The minimum parking requirements for all uses contained in § 502, the specific landscape and buffer requirements of § 503, and the outdoor lighting standards of § 512, as applied to a Commercial/Residential Mixed Use project, shall be adhered to.

Location. Marinas shall be located adjacent to water suitable for use by pleasure and cruise boats.

Size. The size of the marina shall be determined by the carrying capacity of the land, the adjacent water, and adjacent roads. The capacity of the site shall be based on the number and configuration of boat slips in the water and shall not include dry storage on land.

Dimensional Requirements. The dimensional requirements set forth in the following table shall apply:

Use. Docks are to be used by transient boats and temporarily docked small cruise boats. Docks and adjacent areas shall not be used for dry-stacking facilities. The marina shall not provide residence facilities nor shall any boat docked at the marina be used as a residence.

Required Facilities. Pump out stations and/or holding tanks are to be provided in accordance with municipal and state standards, as are facilities for adequate garbage disposal.

Recreational Paths and Passive Recreational Uses. Paths shall not be constructed or used so as to cause breaching of dunes or disruption of wildlife habitats.

Rights-of-Way to Water. Existing access ways shall be maintained and new access ways constructed so as to control erosion and cause minimal change to the natural environment.

Shoreline Alterations. Shoreline alterations involving filling or modifying of the shore and/or shoreline features shall be carried out only for increased protection from storm winds and water or enhancement of beaches and other natural conditions.

Aquaculture. Aquaculture facilities and their use shall conform to accepted standards and procedures, the application of which shall be evidenced as part of Development Plan Review.

Docks, Ramps, and Accessory Use Structures. Docks, ramps, moorings and related marine service structures shall conform to accepted siting and engineering standards, the application of which shall be evidenced as part of Development Plan Review.

Marinas. (See § 414, Marinas.)

Warehouse and Storage Facilities. (See § 416, Warehouse and Storage Facilities.)

Parking Lots. (See § 420, Parking Lots.).

Other Waterfront Uses. (See § 401, General Criteria for Special Use Permits.)

Enclosure. Warehouses and storage facilities shall be fully enclosed.

Dimensional Requirements. Warehouses and storage facilities shall conform to the following:

Visual Screening. Siting of any warehouse and storage facility shall minimize adverse visual impact and the facility shall be screened by planting to the extent feasible.

Any utility facility located in the Residential A Zone or in a Residential B Zone shall to the extent feasible be designed to resemble a single-family residence or accessory building. To this end, the general special use criteria set forth in § 401(A)(1) of this Zoning Ordinance shall be strictly construed and applied to such facility.

No utility facility located in the Residential A Zone or the Residential B Zone shall be allowed to attach an antenna or any other device related to the operation of the utility facility to a wind energy conversion system. (Section Amended October 3, 1994)

No earth removal shall be conducted within 50 feet from any lot line except one formed by a street, 150 feet from any dwelling, or 200 feet from any coastal feature.

Drainage systems shall be installed to prevent the permanent collection of surface water and the flooding and erosion of surrounding property. A drainage plan must be reviewed and approved by the Town Engineer.

Upon cessation of earth removal operations on any portion of an earth removal site, all slopes and grades shall be regraded to near-natural forms and no grade shall be left at an angle greater than the natural angle of repose of the material. The regrading area shall then be seeded with native plants listed in the URI Native Plant Guide to establish a firm cover of grass or other vegetation sufficient to prevent erosion.

A reclamation plan shall be submitted to be approved by the Town Engineer with detailed information on site uses, construction and operation details, post-operation, and long-term maintenance protocols.

A survey plan must be submitted showing the parcel of land upon which earth removal is to take place, showing all landscape features, topographical contours at two-foot intervals, and areas of previous, existing, and/or proposed future earth removal.

Hours of earth removal operation shall be no greater than 7:00 a.m. to 6:00 p.m. on Mondays through Saturdays. Earth removal operations may not be conducted on Sundays or any legal holiday or any other time without prior written authorization from the Town's Zoning Official.

Fencing shall be provided where portions of the boundary of the tract of land upon which earth removal is being conducted are adjacent to developed residential property. Such fencing shall be six feet in height and effective to control access to the area in which such earth removal is being conducted.

Water shall be applied to all non-hard-surfaced roads within land in which earth removal is being conducted to minimize dust distribution.

A historic and archaeological inventory of the site shall be conducted prior to construction to ensure that the site is not of historic or cultural importance and that no artifacts are located on the site.

The levels of noise generated by any earth removal services, measured at any property line, may not exceed the noise levels allowed under the New Shoreham Noise Ordinance. Applicants must provide a plan showing how noise will be mitigated to remain in compliance.

Each facility shall have a minimum lot area of 5,000 square feet of developable land with no gasoline storage, work areas, parking of cars or storage of any kind permitted within 200 feet of any coastal or inland wetland or waterbody.

All procedures for use of toxic or hazardous materials including procedures for collecting, storing and disposal of waste oil off-Island shall conform to § 505, Uses Involving Toxic or Hazardous Materials.

No facility shall store or park cars within the front setback other than transient cars for which gas and related services are being purchased; the total number of cars on site, in any condition, shall be limited to 10.

Buffer planting shall be required on all sides except in the immediate sales and service area.

The layout of any lot shall conform to the standards of § 502, Off-Street Parking/Sidewalks, and shall, if containing 25 or more parking spaces, have an access and circulation system which meets with the approval of the police and shall receive a recommendation for approval by the Planning Board following the Development Plan Review process. If such circulation is needed for access to the water, other services or similar uses, the lot shall be designed to serve these needs.

Parking areas, if possible, shall not be of impervious materials. Where asphalt or similar surfacing is used, the grading of the lot shall minimize run-off into ponds, wetlands or into the ground, mitigation measures shall be implemented.

The applicant shall demonstrate that all possible avenues for sharing space on an existing tower have been exhausted.

The maximum power output and maximum exposure limits, at ground level, must fully comply with the applicable Federal Communications Commission (FCC) standards.

All antennae shall be mounted higher than 90 feet above ground level, and only at a lower height if permitted by a specific FCC standard.

The tower shall not exceed a height of 250 feet above ground level. The applicant shall provide evidence that the Federal Aviation Administration has determined that the location and height of the tower upon which the antennae are to be installed do not constitute a hazard to air navigation.

The tower shall not be located within 250 feet of any existing residential structure, or within 250 feet of the building envelope of an undeveloped lot zoned for residential use. The Zoning Board of Review may reduce this setback to a minimum of 100 feet upon a showing that the 250 feet is unnecessary for the location and design of the tower proposed.

Any change in the nature, type, or design of the antennae tower, or other elements of the system, including the number of channels initially approved, shall require another Special Use Permit.

The applicant must demonstrate that the proposed system is the minimum necessary to provide cellular service to New Shoreham customers.

The owner must agree to provide the Zoning Enforcement Official with a copy of any notice to the Federal Communications Commission of intent to cease operations. The owner must agree that if operations are ceased, the owner will remove the antenna or antennae, and any accessory structures, including the tower if such tower is no longer in use, within 90 days. A bond shall be provided, in a form acceptable to the Town's Finance Director, ensuring the compliance by the owner with the requirements of this subsection.

The owner must agree to provide the Town with a certificate of insurance coverage for any injury or damage resulting from the facility so long as it is in place. The certificates shall be in a form acceptable to the Town's Finance Director and provide for notice of cancellation to the Town.

A site plan, drawn to scale, showing existing and proposed features, including topography at not greater than ten-foot contours and complete landscaping plans.

A written narrative report containing:

A study using photographs, narrative or both, that describes where, and to what extent, any portion of the antennae or tower will be visible within a three mile radius of its location. (Section Amended December 17, 1997)

A complete set of plans for the proposed wind turbine, including all manufacturer specifications and details;

An analysis of soils from the site of the proposed turbine that evaluates bearing capacity, and which includes a core sample tested for the presence of any environmental contaminants;

Structural design and installation plans prepared by a Rhode Island registered professional engineer;

Manufacturer's documentation of noise impacts of the turbine under various wind conditions, including a chart or map indicating the expected decibel levels at given distances from the turbine;

A visual representation of the proposed wind turbine as viewed from surrounding properties as well as from other areas of the island from which the turbine will be visible, including from roadways, areas of higher elevation and publicly owned or protected scenic and conservation areas;

An evaluation of the shutter or flicker effect (shadows caused by sunlight passing through the moving blades) of the turbine as it is sited on the parcel, including the seasonal times and duration, and a delineation of the areas impacted; and

An evaluation of the potential impact of the turbine on birds and other wildlife, including review of dominant bird species, and migratory, nesting and feeding patterns.

The limitations on wind turbine size, noise levels and lighting impacts contained in § 508G;

Potential adverse impacts on birdlife and wildlife are minimized through appropriate siting and design of the facility; and

The public convenience and welfare will be substantially served and there will not be resulting conditions inimical to the public health and safety.

An existing conditions site plan consisting of an accurate survey of the parcel showing topography, water bodies and wetlands, vegetative cover and trees, site features and the location and dimensions of all existing structures;

A radius map showing all properties within 500 feet of the lot or parcel, with notice sent to all such property owners under the provisions of § 702, and the location of all structures within 500 feet of the property lines;

Building elevations and floor plans, including total square footage of gross floor space, of the building(s) to be used for light assembly purposes. Photographs of an existing building may be accepted in place of drawings of the building exterior;

A proposed site plan which indicates the location and dimension of all buildings and structures, existing and proposed, and all site improvements including proposed grading at two-foot contours, designated parking and loading areas, areas for storage of raw materials and by-products, and proposed fencing, landscaping and lighting; and

A plan that describes the types and quantities of any solid or liquid waste or by-products of the light assembly activity, and procedures for temporary storage and final disposition.

In reviewing the plans and materials, the Planning Board shall apply the relevant development plan review standards contained in § 501, and the relevant requirements contained in § 505 involving the use of any toxic or hazardous material.

The Planning Board shall determine the consistency of the application for a light assembly use with the purpose of this section and with the Comprehensive Plan.

The Planning Board may attach conditions or restrictions as part of their advisory recommendation.

Space. A light assembly use shall be limited to 2,500 square feet of gross floor area and shall be completely enclosed within a building;

Employees. The production shall involve a work force (excluding business owners) of no more than five full-time employees, or a total of 10 full-time and seasonal employees, at any given time;

Infrastructure. The lot on which a light assembly use is proposed shall have adequate water and waste disposal to support the production, and shall meet all town and state standards for wastewater disposal, including appropriate approvals from the New Shoreham Water and Sewer Commission;

Parking/Loading. The minimum parking and loading requirements as contained in § 502 shall be provided on-site; and

Conforming Lot. The lot for which a light assembly use is proposed shall meet the minimum lot area requirements of the zoning district in which it is located.

The retail use is clearly accessory to the principal use on the lot;

The sale of products includes only those items produced on-site as part of the light assembly operation;

Sales activities take place within a building or within a specifically defined location on the lot;

The additional number of parking spaces required for the retail use is provided onsite (based only on the amount of gross area specifically used for retail purposes); and

Signage and advertisement related to retail sales are in accordance with the provisions of this ordinance and other applicable town ordinances.

Power and communication lines running between sub arrays of solar panels and to the off- site electric distribution system or interconnections with buildings onsite shall be buried underground.

Solar energy systems shall be designed and located to prevent reflective glare towards any inhabited building or roadway.

Solar energy systems shall be constructed and maintained in a way that minimizes the use of herbicides and pesticides. Vegetative cover, consisting of native plants, shall be maintained to prevent soil erosion.

Solar energy systems shall be sited and designed to minimize any negative aesthetic impact on viewsheds and abutting properties. The siting of solar energy systems should prioritize limiting visibility from public roadways. The design shall incorporate landscaping and design elements to visually screen the SES from public roadways and abutting properties.

A site plan showing the location and dimensions of the proposed generator and distances to all property lines and existing structures, including those on adjoining lots.

Manufacturer's specifications including rated capacity and noise levels, specifically the anticipated dBA levels at given distances from the generator. These must include the dBA levels at the nearest property line and, if applicable, at the location of the nearest residence on an adjoining property.

A description of the applicant's intended use schedule, both seasonally and daily.

Screening. The generator must be adequately screened from view from nearby roads and properties by means of fencing or vegetative screening. In no case shall a generator be located within the front setback of a property, as defined in § 202.

Noise Impacts. The generator shall not exceed the Town of New Shoreham Noise Ordinance at the nearest property line, or otherwise have an adverse noise impact on adjoining properties, based on evidence presented at the public hearing.