Riga City Zoning Code

The location of property lines and permanent easements.

The location of the proposed telecommunications facility, together with guy wires and guy anchors, if applicable.

A side elevation or sketch of the telecommunications tower showing the proposed antennas.

The location of all structures, trees exceeding four inches in diameter measured at a height of four feet off the ground, and other significant and/or unusual features on the property and on any adjacent property within 20 feet of the property lines.

The names of adjacent landowners.

The location, nature and extent of any proposed fencing, landscaping and/or screening.

The location and nature of proposed utility easements and access driveways, if applicable.

A grid map of all of the owner/applicant's existing telecommunications tower site areas in the Town of Riga and contiguous towns and areas proposed or projected by the owner/applicant for installations for a period of two years.

The make and model of tower to be erected.

The manufacturer's design data for installation instructions and construction plans.

The applicant's proposed tower maintenance and inspection procedures.

The applicant's proposed tower maintenance and inspection schedules.

The applicant's maintenance and inspection records system.

Anti-climb devices for the tower and any guy wires.

Property with an existing telecommunications facility suitable for collocation.

Municipal or governmentally owned property.

Industrial districts.

Commercial districts.

Residential districts.

Said applicant/owner will design any telecommunications tower which may be a part of said application to be placed, erected or constructed with sufficient base, height, and carrying capacity to accommodate future collocation.

Such collocation shall not involve the installation or construction of any additional tower structure.

The placement, installation, operation or use of any antennas, devices or equipment which are collocated shall not interfere with the placement, maintenance, operation or use of the applicant's then-existing devices and equipment.

The applicant may require that any entity requesting to collocate pay all of the costs associated with any installation or construction which may be required for such collocation (including the cost, if any, of reinforcing or replacing the then-existing tower or monopole), and pay its pro-rata share of the operation and maintenance of the site and facilities used in common.

Collocation shall not result in the design load capacity of the tower or monopole being exceeded. Prior to placement, installation or construction of any antennas, devices or equipment, the applicant may require the company wishing to so collocate to provide an engineering study, acceptable to the Town of Riga and the applicant, showing that such collocation will not result in the design load capacity of the tower or monopole being exceeded.

The applicant may require that the company requesting to collocate provide evidence of adequate liability insurance coverage.

The company wishing to collocate shall execute and file with the Town of Riga an agreement to be bound by all the terms and conditions of the applicant's site plan application, and specifically those provisions relating to termination of use and restoration of the site.

Site plan approval (as amendment or modification to a prior approval) shall be required for any proposed collocation involving:

The number of Federal Communications Commission licenses available for the area in the foreseeable future.

The kind of telecommunications facility proposed.

The number of existing and potential Federal Communications Commission licensees without antenna tower spaces.

The number and location of available spaces at other existing and approved telecommunications facilities.

Potential adverse visual impacts by a telecommunications facility which has been designed to accommodate collocation.

The failure of the applicant to commence active operation of the telecommunications facility within 12 months of the issuance of a special use permit or final site plan approval by the Planning Board; or

The failure to request and receive the issuance of a building permit within six months of site plan approval; or

The discontinuance of the active and continuous operation of the telecommunications facility for a continuous period of 90 calendar days, regardless of any reservation of an intent not to abandon or discontinue the use or of an intent to resume active operations.

The Town desires to facilitate small-cell wireless telecommunication infrastructure investment by providing a fair and predictable process for the deployment, while enabling the Town to promote the management of its public ROW in the overall interests of the public health, safety, and welfare. The Town recognizes that wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 911 services to homes, businesses, and schools within the Town, and new technology has increased the need for towers and antennas to serve the Town. The Town further recognizes that SWF often may be deployed most effectively in the ROW. The Town desires to enact a legal framework which will permit the expedited review process for the deployment of such SWF when specified criteria are met and to permit placement of towers and antennas in locations which will allow telecommunications services to be rendered in conformity with both the Federal Telecommunications Act of 1996,[1] and with the goals of local comprehensive plans and zoning ordinances.

In enacting this section, the Town is establishing uniform standards to address issues presented by SWF, including, without limitation, to:

Special use permit application. All persons wishing to construct, install, modify (except for in-kind replacements of previously permitted SWF), colocate, relocate, or otherwise deploy SWF must submit an application for a special use permit for approval by the Planning Board of the Town of Riga. The Planning Board shall follow the procedures set forth in New York Town Law § 274-b for consideration of the special use permit applications. The SWF special use permit application shall contain the following, to include 17 hard copies and one digital copy:

One application required. Although each SWF requires its own special use permit, the applicant need submit only one application regardless of the number of proposed SWF or locations. The Planning Board may, in its sole discretion deny the application, grant the application in full, or partially grant the application by issuing special use permits for only some of the SWF proposed in the application.

Maintenance. Subject to the requirements for the initial application, an application shall not be required for routine maintenance or in-kind replacement, unless otherwise specified within this section. In-kind replacement shall mean replacement of an existing permitted SWF with another SWF of substantially the same dimensions, technology/functionality, and appearance. Any other modifications or replacements of any portion of an SWF shall require an amendment to the special use permit, requiring compliance with all applicable requirements and procedures set forth in this section.

Application fees. The applicant shall pay the Town a fee for review of the special use permit application, in an amount to be determined by the Town Board by resolution which may be amended from time to time by further resolution. Such fees shall be included on the Town's fee schedule.

Third-party professional consultants. The Town, in its sole discretion, may retain third-party consultant(s) to assist in the review of a proposed SWF. The cost of such third-party consulting services shall be reimbursed by the applicant to the Town within 30 days of the Town receiving an invoice for third-party consulting services.

Preferred locations. The Town prefers co-location and siting in industrial/manufacturing and/or commercial business districts as defined in Chapter 95 over residential zoning districts. The Town prefers co-location as opposed to the construction of a new support structure. The Town prefers the siting on existing buildings, provided they are camouflaged or concealed.

Discouraged locations. The Town discourages new support structures and the location in residential zoning districts, although siting in residential districts may be necessary if no alternatives are available to meet the provider's objectives. Where possible, efforts should be made to co-locate or to locate in manufacturing or business zoning districts. If location in a residential zoning district is necessary, techniques to minimize aesthetic impacts are mandatory, including camouflage.

Prohibited locations. The Town prohibits any structures or parts of structures associated with SWF placement from obstructing access to above- or underground traffic control infrastructure, public transportation vehicles, shelters, street furniture, or other improvements, above- or underground utility infrastructure, fire hydrants, doors, gates, or other ingress and egress points to any building appurtenant to the ROW, or any fire escape. Ground-mounted equipment shall not be closer than 12 feet from any permanent object, existing lawful encroachment in the ROW, and driveway aprons.

Construction categories. Each SWF shall comply with the standards set forth for each location type.

Engineering requirements. The applicant must provide an installation design prepared by a professional engineer licensed in New York State that demonstrates the pole strength of the pole to be used.

Aesthetic requirements. The character of the neighborhood and the visual quality of the surroundings must be taken into account when installing SWF, whether to new or existing poles. In order to avoid unnecessary adverse visual impacts and to preserve the area in which the SWFs are being installed, and in addition to the conditions set forth above, all SWFs shall meet the following requirements:

Approved plans. Before the permittee submits any applications to the Planning Board and/or Building Department, the permittee must incorporate the permit, all conditions associated with this permit and the approved photo simulations into the project plans. The permittee must construct, install and operate the SWF in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction, must be submitted in a written request subject to the Building Department prior to review and approval, which may refer the request to the Planning Board and/or Town Board if it is found that the requested alteration, modification or other change implicates a significant or substantial change to the approved plans or land use concern.

Build-out period. The permit will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct, and/or operate the approved SWFs and commences the installation and construction, which includes, without limitation, any permits or approvals required by any federal, state, or local public agencies with jurisdiction over the subject property, the SWF, or its use. The Town may grant extensions to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 45 days prior to the automatic expiration date in this condition.

Maintenance obligations; vandalism. The permittee shall keep the site, which includes, without limitation, any and all improvements, equipment, structures, and access routes, in a neat, clean, and safe condition in accordance with the approved plans and all conditions in the permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the Town, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee received notice or otherwise becomes aware that such graffiti or other vandalism occurred.

Compliance with laws. The permittee shall maintain compliance at all times with all federal, state, and local statutes, regulations, orders or other rules that carry the force of law applicable to the permittee, the subject property, the SWF or any use or activities in connection with the use authorized in the permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee's obligations to maintain compliance with all applicable laws, regulations, orders, and rules.

Inspections. The permittee expressly acknowledges and agrees that the Town or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the Town may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the Town or its designee while such inspection or emergency access occurs.

Contact information. The permittee shall furnish the Town with accurate and up-to-date contact information for a person responsible for the SWF, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address, and email address. The permittee shall keep such contact information up-to-date at all times.

Rescission of permit for noncompliance. The Planning Board may rescind any permit issued under this section for review at any time due to noncompliance with applicable law or any approval conditions. At a duly noticed hearing and in accordance with all applicable laws, the Planning Board may revoke any such permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

Record retention. The permittee shall retain full and complete copies of all licenses, permits, and other regulatory approvals issued in connection with the SWF, which includes, without limitation, all conditions of approval, approved plans, resolutions, and other documentation associated with the license, permit, or regulatory approval.

No exclusive, irrevocable property right or any other interest is created by the license. There is no right to convey, express or implied, with the license.

The license may not be assigned, except upon written consent of the Town, which shall not be unreasonably withheld, provided the assignee assumes all obligations of the license, agrees to abide by its terms, in writing, and meets all other criteria as set forth in this section.

A general license will be granted per applicant for all Town ROWs provided that the applicant meets the requirements for such a license.

An applicant shall demonstrate the entitlement to use the land for the designated purpose e.g., through demonstration that the Town owns the fee of the highway at issue, through the grant of an easement or a pole attachment agreement, and/or other legal mechanism that may be applicable. The applicant bears any and all risk that it has the legal right to construct the SWF in the location that it has chosen.

The license agreement shall be in the general form as developed by the Town.

Each license agreement is subject to approval by the Town Board.

By issuance of a license, the Town does not represent or warrant title or ownership of the ROW. The applicant proceeds at its own risk.

Indemnification. Any license agreement shall contain indemnification provisions, indemnifying the Town for the licensee's use of the Town ROW and related activities, to the maximum extent permitted by law.

Performance bond/surety. Any license agreement shall contain the requirement that the licensee provide a performance bond or other appropriate surety, as approved by the Town Board, in an amount equal to or greater than a written estimate from a New-York-licensed engineer with experience in SWF removal. The written estimate must include the cost to remove all equipment and other improvements, which includes, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether aboveground or below ground, constructed or installed, in connection with the SWF. In establishing or adjusting the bond amount required under this condition, and in accordance with New York Code, the Town shall take into consideration information provided by the licensee regarding the cost to remove the wireless facility.

The license shall require compliance with this section, as may be amended by the Town Board.

Insurance. Without limiting the indemnification provision herein, and in addition to the performance bond required herein, the license agreement shall contain a requirement that the licensee procure, at licensee's expense, insurance in an amount sufficient, as determined by the Town Board, with the Town named as an additional insured.

License review fee. The applicant shall pay the Town a license review fee upon execution of the license, in the amount to be determined by the Town Board by resolution, which may be amended from time to time by further resolution. This amount shall be added to the Town's fee schedule.

ROW authorization fee. A wireless provider authorized to place SWF in the ROW shall pay the Town a one-time authorization fee in an amount to be determined by the Town Board by resolution, which may be amended from time to time by further resolution. SWF in the Town ROW and on a Town-owned support structure or utility pole will pay an additional charge. Construction of a new pole will include an additional charge. This amount shall be added to the Town's fee schedule.

Annual license fee. A wireless provider authorized to place SWF in the ROW shall pay to the Town an annual license fee in an amount to be determined by the Town Board by resolution, which may be amended from time to time by further resolution. This amount shall be added to the Town's fee schedule.

The location of property lines and permanent easements.

The location of proposed wind energy facility, together with guy wires and guy anchors, if applicable, and elevation.

A side elevation sketch of the wind turbine tower showing the rotor blades.

The location of all structures on the property, trees exceeding four inches in diameter measured at a height of four feet off the ground, and other significant and/or unusual features on the property and any adjacent landowners within 500 feet of the property.

The names of adjacent landowners.

The location, nature and extent of any proposed fencing, landscaping and/or screening.

The location and size of structures above 35 feet located within a five-hundred-foot radius of the proposed wind turbine. For the purposes of this requirement, electrical transmission lines, antennas and open towers (other than turbines) are not considered structures.

To demonstrate compliance with the setback requirements, circles shall be drawn around each turbine equal to 1 1/2 the tower height with blades, the five-hundred-foot perimeter and, if an industrial wind turbine, the one-thousand-foot perimeter if within the property lines.

The make and model of tower to be erected.

The manufacturer's design data for installation instructions and construction plans.

The applicant's proposed tower maintenance and inspection procedures.

The applicant's maintenance and inspection records system.

Anti-climb devices for the tower and any guy wires.

The distribution to the structure or residence, power specifications and grounding.

Mid-daytime on a weekday (Monday through Friday).

Evening time on a weekday (6:00 p.m. to 9:00 p.m.).

When the wind speed is 15 mph or greater.

These readings must be taken in the direct path of the generated wind (90°) and at 45° to the left and 45° to the right of the direct wind path along the property line.

Measuring points cannot be taken at any point that is sheltered by obstructions such as woods, tree lines, or structures. The measuring point must be altered to assure a clear path and so identified on the report.

The anticipated life of the project.

The estimated decommissioning costs in current dollars.

The method and schedule for updating the costs of decommissioning and restoration.

The method of ensuring that funds will be available for decommissioning and restoration.

The anticipated manner in which the project will be decommissioned and the site restored.

A topographic map and color photograph of the project site 11 inches by 14 inches in size within the delineated site boundaries and a clear overlay of all components of the project for each.

A series of color photographs eight inches by 10 inches in size taken from about three miles from the site at approximately north/east/south and west of the proposed site. Each photograph must have a clear overlay depicting the precise location of all turbines via digitalized image to scale.

Solar panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof's surface and highest edge of the solar energy system at any point. Solar panels not facing the front yard can be mounted at any angle relative to the roof's surface, but shall not exceed a maximum height of 18 inches from the surface of the roof to the highest edge of the solar energy system at any point.

No part of a roof-mounted solar energy system shall extend above, beyond, or below the edge of the roof it is mounted to. Additionally, the Code Enforcement Officer may require, at his/her sole discretion, a minimum three-foot wide center walkway for safe access purposes.

If feasible, solar energy equipment shall be installed inside walls and attic spaces to reduce their visual impact.

If feasible, solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.

If the location of the proposed project is to be leased (either building facade or surface and/or real property), proof of legal consent between all parties, specifying the use(s) of the leased area(s) for the duration of the project, including any signed lease agreement, easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for applicant and initial landowner as set forth in the decommissioning agreement referenced in § 95-78C(5)(a)[9] below.

Plans and drawings for the solar energy system signed by a professional engineer showing the proposed layout of the solar energy system along with providing a description of all components, any non-building-mounted improvements or infrastructure, any proposed clearing and grading of the lot(s) on which the structure housing a commercial building-mounted solar energy system is situate, any anticipated or possible stormwater runoff or erosion disturbances resulting from the placement of the solar energy system, and utility lines (both above- and below ground) on the site and adjacent to the site. The applicant shall also provide a structural analysis signed by a professional engineer, demonstrating the structural adequacy of the building upon which a solar energy system is to be placed to support such system in a safe fashion.

Submitted plans and drawings shall show all property lot lines and the location and dimensions of all existing buildings or structures and uses on any parcel within 500 feet of the outer perimeter of the commercial building-mounted solar energy system.

Equipment specification sheets shall be provided for all solar panels, significant components, mounting systems, inverters or other solar energy equipment that are to be installed.

A property operation and maintenance plan which describes all ongoing or periodic maintenance of the solar energy system and upkeep of the property that houses such solar energy system. Such plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the solar energy system and Code Enforcement Officer (or his/her designated representative). Said plan shall also provide that, upon reasonable notice, the Town of Riga Code Enforcement Officer, or his or her designee, may enter a lot on which a solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. 24 hours' notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the solar energy system, as well as quarterly reports of inspection of the security systems relating to such solar energy systems. Said plan shall demonstrate how the applicant (or the successor owner of the solar energy system) shall ensure proper removal and disposal of all solar panels and/or solar energy equipment that becomes inoperable or is no longer being utilized and the same shall be disposed of at a properly certified and/or licensed recycling facility that recycles solar panels and solar energy equipment.

Clearing, grading, stormwater and erosion control plan. If deemed desirable by the Planning Board or the Town's professional engineer or consultant, applicant shall submit an engineered stormwater and erosion control plan to the Town of Riga Engineer for its review and approval which shall demonstrate that post-development runoff, storm drainage and erosion will not be negatively impacted by placement of the solar energy system on the site.

Parking and truck traffic. Applicant shall make available a designated parking area on the site of the solar energy system for employees of applicant (or the successor owner of the solar energy system) to park when providing monitoring or maintenance of the solar energy system. Additionally, the plans and drawings for a solar energy system shall show adequate staging areas during the construction process to ensure that roadways are not impacted by delivery of materials. The plans and drawings shall also show all areas in which stockpiling of materials and equipment will take place during construction. Applicant shall provide data on anticipated truck trips per day, including during peak material delivery periods.

Any such additional information as may be required by the Town's professional engineer or consultant, Town of Riga Planning Board, Town Attorney or Code Enforcement Officer.

A decommissioning plan that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to § 95-78E. The decommissioning plan shall be recorded at the office of the Monroe County Clerk at the applicant's expense so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement, and shall contain the following:

Height. Commercial building-mounted solar energy systems shall not be constructed in such a way that any portion of such system is higher than the highest point of the wall upon which it is attached. Commercial roof-mounted solar energy systems shall be constructed such that: (i) solar panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof's surface and highest edge of the solar energy system at any point; (ii) solar panels not facing the front yard can be mounted at any angle relative to the roof's surface, but no portion of the solar energy system shall exceed a maximum height of 18 inches from the surface of the roof to the highest edge of the solar energy system at any point; (iii) no part of a roof-mounted solar energy system shall extend above, beyond, or below the edge of the roof it is mounted to; (iv) if feasible, solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way; and (v) a minimum three-foot wide center walkway for safe access purposes may be required by the Code Enforcement Officer, at his/her sole discretion.

If feasible, solar energy equipment shall be installed inside walls and attic spaces to reduce their visual impact.

Distance from building. Commercial building-mounted solar energy systems shall not be constructed in such a way that any portion of the solar panels project more than 18 inches from the surface of the wall upon which it is attached.

Fencing and screening. All solar energy equipment shall be securely enclosed or placed about the property so as to prevent unauthorized access. Warning signs with the owner's contact information shall be conspicuously placed and maintained to aid in preventing injury by unauthorized access.

Glare. All solar panels shall have anti-reflective coatings(s) to reduce glare to the maximum extent practicable.

Number of commercial building-mounted solar energy systems allowed per lot. More than one commercial building-mounted solar energy system may be permitted and allowed per lot or parcel, regardless of lot size.

Any commercial building-mounted or roof-mounted solar energy system shall be accessible for all emergency service vehicles and personnel to the satisfaction of the Monroe County Office of Emergency Management and local Fire Chief.

After completion of a commercial building-mounted or roof-mounted solar energy system, the applicant shall provide a post-construction certificate from a professional engineer registered in New York State stating that the solar energy system complies with all applicable codes and industry practices and has been constructed and is operating according to the design plans.

Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval powers related to the completion of a commercial building-mounted or roof-mounted solar energy system.

Any application under this section shall meet substantive site plan requirements in Article IX that, in the judgment of the Riga Town Planning Board, are applicable to the solar energy system being proposed.

The Planning Board shall be required to hold a public hearing relating to site plan for any commercial building-mounted or roof-mounted solar energy system.

Prior to the determination or issuance of any permit, all commercial building-mounted or roof-mounted solar energy system applications shall be referred to the Monroe County Planning Department in accordance with § 239-m of the General Municipal Law.

Prior to determination or issuance of any permit, all commercial building-mounted or roof-mounted solar energy system applications shall be subject to the requirements of the New York State Environmental Quality Review Act (16 NYCRR 617).

Time limit on completion. After receiving site plan approval and special use permit approval of a commercial building-mounted or roof-mounted solar energy system, an applicant shall obtain a building permit within 12 months of such approvals or the approvals shall automatically terminate and be deemed null and void. Additionally, the applicant shall complete construction of an approved (site plan and special use permit) solar energy system within 24 months of obtaining such approvals or the approvals shall automatically terminate and be deemed null and void and be of no force an effect at law.

General complaint process. During construction, the Code Enforcement Officer can issue a stop-work order at any time for any violations of a special use permit approval or condition, site plan approval or condition or building permit. After construction is complete, the permit holder of a solar energy system shall establish a contact person, including name and telephone number for receipt of any complaint concerning any permit, approval, maintenance, or operational requirements.

Inspections. A commercial building-mounted or roof-mounted solar energy system shall be inspected by a New York State-licensed professional engineer that has been approved by the Town of Riga at any time upon a determination by the Town's Code Enforcement Officer that damage to such system may have occurred, and a copy of the written inspection report shall be submitted to the Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder and shall be reimbursed to the Town of Riga within 30 days after delivery to the permit holder of an invoice substantiating such charges. Any failure to pay such reimbursable charges may result in revocation of any special use permit granted. The Town of Riga reserves the right to levy all such un-reimbursed expenses onto the real property tax bill associated with the real property upon which the commercial building-mounted solar energy system is located.

If the property of the proposed solar energy system is to be leased, proof of legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for applicant and initial landowner as set forth in the decommissioning agreement referenced in § 95-78C(6)(a)[14]. below. Applicant shall be required to provide, as part of the application, any lease agreement, easements and other agreements between itself and initial landowner or any owner of property contiguous to the land upon which the solar energy system (or any component thereof, including access ways or utility lines) shall be constructed.

Plans and drawings for the Type 2 solar energy system signed by a professional engineer showing the proposed layout of the solar energy system along with providing a description of all components, existing vegetation, any proposed clearing and grading of the lot(s) involved, any anticipated or possible stormwater or erosion disturbances, and utility lines (both above- and below ground) on the site and adjacent to the site.

Submitted plans and drawings shall show all property lot lines and the location and dimensions of all existing buildings or structures and uses on any parcel within 750 feet of the outer perimeter fence line of the Type 2 solar energy system.

Equipment specification sheets shall be provided for all solar panels, significant components, mounting systems, inverters and other solar energy equipment that are to be installed.

A property operation and maintenance plan which describes all ongoing or periodic maintenance of the Type 2 solar energy system and property upkeep, such as mowing and trimming, which shall also include details of anticipated use of pesticides, herbicides and other chemicals for vegetative abatement and/or maintenance. The plan shall demonstrate that the use of any pesticide, herbicide or other chemical will be in compliance with all local, state and federal regulations and shall further demonstrate that alternatives to chemical treatments have been prioritized to the extent reasonably possible. Such plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the solar energy system and Code Enforcement Officer (or his/her designated representative). Said plan shall also provide that, upon reasonable notice, the Town of Riga Code Enforcement Officer, or his or her designee, may enter a lot on which a solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Twenty-four-hours' notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the solar energy system, as well as quarterly reports of inspection of the security systems relating to such solar energy systems. Said plan shall demonstrate how the applicant (or the successor owner of the solar energy system) shall ensure proper removal and disposal of all solar panels and/or solar energy equipment that becomes inoperable or is no longer being utilized and the same shall be disposed of outside the jurisdictional limits of the Town of Riga, unless there is a properly certified and/or licensed recycling facility within the Town that recycles solar panels and solar energy equipment. Said plan shall also obligate the applicant (or the successor owner of the solar energy system) to provide the Town, not less than every other year (commencing the second year after the solar energy system is commercially operable), with test results from soil sampling collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling, to demonstrate that the soils upon which the solar energy system is constructed have not been contaminated in any fashion as a result of the solar energy system placed on the property. Such test results shall be compared to the preconstruction soil sample analysis referenced in § 95-78C(6)(a)[12] (Pre-development site conditions) below.

A snow removal plan should be provided on the site plan by the applicant and approved by the local Fire Chief/Fire Code Official. It should include plow frequency, proposed snow storage locations, and a maximum allowable snow cover at any one time. This should also be further clarified within the operations and maintenance plan for projects.

Clearing, grading, stormwater and erosion control plan. Applicant shall submit an engineered stormwater and erosion control plan to the Town of Riga Engineer for its review and approval which shall demonstrate that post-development runoff, storm drainage and erosion will not be negatively impacted by placement of the Type 2 solar energy system on the site.

Parking and truck traffic. Applicant shall make available a designated parking area on the site of the solar energy system for employees of applicant (or the successor owner of the solar energy system) to park when providing monitoring or maintenance of the solar energy system. Additionally, the plans and drawings for a Type 2 solar energy system shall show adequate staging areas during the construction process to ensure that roadways are not impacted by delivery of materials. The plans and drawings shall also show all areas in which stockpiling of materials and equipment will take place during construction. Applicant shall provide data on anticipated truck trips per day, including during peak material delivery periods, which shall also be provided to the New York State Department of Transportation.

Noise study. Applicant shall provide a noise study of the impacts of construction and operation of the proposed solar energy system. Said study shall reference any then existing regulations or suggested industry or development standards put out by the NYS Office of Renewable Energy Siting. Such study shall analyze the projected noise levels for both daytime and nighttime periods generated by the solar energy system and all collector substation equipment relative to all surrounding dwellings.

Viewshed/line-of-site analysis. Applicant shall provide a viewshed/line-of-site analysis, with scaled color visual renderings to demonstrate the adequacy of proposed buffering/screening at the completion of construction of the solar energy system, and similar visual renderings of the projected maturation of the buffering/screening at five years and 10 years after completion of the solar energy system. The Planning Board may require the above viewshed/line-of-site analysis and scaled color visual renderings from multiple angles or perspectives as it deems appropriate.

The applicant shall provide visual renderings of actual fencing design under consideration to ensure compatibility and avoid adverse aesthetic impacts.

Pre-development site condition. Applicant shall provide a written and visual record of the pre-development site condition (which shall include the site condition prior to any logging/timber harvest or clearing of land in anticipation of the development of a solar energy systems), which must be verified as to being complete by the Building and Zoning Department, to facilitate full and proper remediation of the site upon decommissioning. As part of this record, applicant shall provide an analysis of pre-construction soil samples, with such samples collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects — Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling. Such samples shall be taken from various locations on the property on which the solar energy system is to be located and are specifically intended to demonstrate the pre-development condition and properties of the soils to ensure that full and proper remediation of the site occurs upon decommissioning.

Any such additional information as may be required by the Town's professional engineer or consultant, Town of Riga Planning Board, Town Attorney or Code Enforcement Officer.

A decommissioning plan that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to § 95-78E. The decommissioning plan shall be recorded at the office of the Monroe County Clerk at the applicant's expense so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement, and shall contain the following:

If a Type 2 solar energy system is proposed to be developed on land that is or could be in agricultural production, applicant shall demonstrate how the proposed development complies with the then current guidelines as may be established by the New York State Department of Agriculture and Markets relating to Construction Mitigation for Agricultural Lands.

The applicant shall be required to facilitate one or more site visits as deemed necessary or desirable by the Planning Board.

Height. Type 2 solar energy systems shall not exceed a maximum height of 15 feet as measured from the highest point of any solar panel (oriented at maximum tilt) or solar energy equipment, to the ground directly beneath it.

Setbacks. Type 2 solar energy systems shall be sited to create a setback from any property line of no less than 200 feet within the Light Industrial District or a setback from any property line of no less than 100 feet within the General Industrial District. Setbacks shall be measured from the fence-line of the solar energy system to the nearest property line. The above-stated property setback restrictions and those setbacks may be waived on any contiguous parcel (to that parcel upon which the solar energy system is being developed) owned by a participating landowner that owns the parcel upon which the subject solar energy system is being placed. The above waiver shall not apply to any contiguous parcels that are not owned by the same landowner that owns the land upon which the solar energy system is placed.

Lot/parcel size. Type 2 solar energy systems shall be located on parcels with a minimum lot size of 25 acres.

Lot/parcel coverage. Within the Light Industrial District, Type 2 solar energy systems coverage shall not exceed 50% of the total parcel size. It is the intent of this restriction to protect the valuable resource and benefits of prime farmland and farmland of statewide importance and it is the express intention of the Town of Riga that no variance or hardship request be granted to permit increased coverage by Type 2 solar energy systems on prime farmland and/or farmland of statewide importance by any board or commission or other agency having legal authority to consider and grant such a variance or hardship request. The coverage area shall be determined by the area covered by the perimeter of the solar energy system at minimum tilt and shall not include required fencing or access roads.

Glare. All solar panels shall have anti-reflective coatings(s). The applicant shall provide a glare analysis that meets the satisfaction of the Town and Town Engineer. The applicant should ensure that project would not produce glare affecting motor vehicles traveling along roads or neighboring residences/properties.

Fencing and screening. All Type 2 solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed and maintained on the entrance and perimeter of the fencing. The fencing and the solar energy system may be required to be further screened by landscaping to avoid adverse aesthetic impacts. All buffering/landscaping materials shall be designed to promote sustainability, diversity and visual variety, which shall include a mixture of plant species, sizes/heights, deciduous and evergreen trees and/or shrubs and shall be noted in detail on a landscaping plan that shall be approved by the Planning Board. The Planning Board shall provide for enhanced screening and buffering for Type 2 solar energy systems that are placed adjacent to residential zoning districts, areas containing residential parcels or abut a public road. A two-year warranty shall be provided for any screening.

Number of Type 2 solar energy systems allowed per lot. Only one Type 2 solar energy system shall be allowed per lot or parcel, regardless of lot size.

Vegetation and habitat. Type 2 solar energy system owners/developers shall develop and provide a written vegetation management plan (which shall be approved by the Planning Board and/or the Zoning Board of Appeals) to implement and maintain native, non-invasive plants and vegetation under and around the solar panels, such plantings to provide foraging habitat beneficial to game birds, songbirds and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, owners/developers shall use native, non-invasive plant species and seed mixes. Adequate spacing between the perimeter site fencing and limit of disturbance for vegetative buffers to be installed should be provided.

Lighting. Lighting of a Type 2 solar energy system shall be limited to that minimally required for safety as determined by the Planning Board.

Any Type 2 solar energy system shall be accessible for all emergency service vehicles and personnel to the satisfaction of the Monroe County Office of Emergency Management Director and local Fire Department Chief.

After completion of a Type 2 solar energy system, the applicant shall provide a post-construction certificate from a professional engineer registered in New York State, certifying that the Type 2 solar energy system complies with all applicable codes and industry practices and has been constructed and is operating according to the design plans.

Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county and local agencies having jurisdiction and approval powers related to the completion of a Type 2 solar energy system.

Any application under this section shall meet substantive site plan requirements in Article IX that, in the judgment of the Riga Town Planning Board, are applicable to the system being proposed.

The Planning Board shall be required to hold a public hearing relating to site plan for any Type 2 solar energy system.

Prior to the determination or issuance of any permit, all Type 2 solar energy system applications shall be referred to the Monroe County Planning Department in accordance with § 239-m of the General Municipal Law.

Prior to determination or issuance of any permit, all Type 2 solar energy system applications shall be subject to the requirements of the New York State Environmental Quality Review Act (6 NYCRR 617).

The development and operation of a Type 2 solar energy system shall to the extent practicable protect fish, wildlife or plant species or their critical habitats, or other significant habitats identified by the Town of Riga or other federal or state regulatory agencies. The Riga Town Planning Board may impose conditions on the approval of any site plan or special use permit under this section to enforce the standards referred to in this section.

Time limit on completion. After receiving site plan approval and special use permit approval of a Type 2 solar energy system, an applicant shall obtain a building permit within 12 months of such approvals or the approvals shall automatically terminate and be deemed null and void. The above time period may be extended by each of the approving boards, at their sole discretion, upon a showing of good cause by applicant. Additionally, the applicant shall complete construction of an approved (site plan and special use permit) Type 2 solar energy system within 24 months of obtaining such approvals or the approvals shall automatically terminate and be deemed null and void and be of no force an effect at law. The above time period may be extended by each of the approving boards, at their sole discretion, upon a showing of good cause by applicant.

General complaint process. During construction, the Code Enforcement Officer can issue a stop-work order at any time for any violations of a special use permit approval or condition, site plan approval or condition or building permit. After construction is complete, the permit holder of a Type 2 solar energy system shall establish a contact person, including name and telephone number for receipt of any complaint concerning any permit, approval, maintenance, or operational requirements.

Inspections. During construction and upon reasonable notice, the Town of Riga Code Enforcement Officer, or his or her designee, may enter a lot on which a Type 2 solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Twenty-four-hours' notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Furthermore, a Type 2 solar energy system shall be inspected by a New York State licensed professional engineer that has been approved by the Town of Riga at any time upon a reasonable determination by the Town's Code Enforcement Officer that damage to such system may have occurred, and a copy of the written inspection report shall be submitted to the Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder and shall be reimbursed to the Town of Riga within 30 days after delivery to the permit holder of an invoice substantiating such charges. Any failure to pay such reimbursable charges may result in revocation of any special use permit granted. The Town of Riga reserves the right to levy all such un-reimbursed expenses onto the real property tax bill associated with the real property upon which the solar energy system is located.

Construction hours. During initial construction or any major replacement of the solar panels or solar energy equipment after initial construction, all construction activities shall be limited to Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. No construction activities shall take place on Sunday or any federal holiday.

The local Fire Chief/Fire Code Official/County Emergency Management Director/County Emergency Medical Services Director comments (as required by the municipality) on the emergency operations/response plan shall be provided to the Planning Board/Zoning Board for review. In addition, the local Fire Chief/Fire Code Official will need to make a final determination on NYS Fire Code compliance. The emergency operations/response plan should include site-specific conditions in order to provide year-round emergency response access, and a checklist within the plan should be provided.

The emergency operations/response plan should include emergency responder site specific training, to be provided by the applicant/systems owner/operator, and that meets the satisfaction of the municipality. Training should involve both municipal and county responders, and be conducted prior to operation, and periodically at intervals as determined by the municipality. Training expenses should be paid by applicant/systems owner/operator.

Consideration of NYS Fire Code, Section 503 for Fire Apparatus Access Roads should be given. The applicant should ensure that the proposed meets local and fire code requirements, including length and width of access roads to adequately reach the proposed site, turnarounds and bump outs required to allow for emergency vehicle access/passing, and an approved driving surface capable of supporting the heavy weight of fire apparatus.

Proposed site plans should include a minimum of one access gate sized to accommodate maintenance equipment and/or emergency response equipment of local public safety agencies. Depending upon the length of each side of the security fence, the local Fire Code Official shall have the authority to require more than one access gate to be provided for vehicle egress and ingress for the project site, where it is deemed to be in the interests of promoting public safety of first responders.

Proposed site plans should include one emergency personnel exit gate provided along the security fence perimeter on all sides of the site to facilitate emergency egress and ingress from the enclosed area by system operators and first responders involved with extinguishing a solar panel fire and/or brush fire within the interior portion of a solar PV system site. Depending upon the length of each side of the security fence, the local Fire Code Official shall have the authority to require more than one emergency personnel exit gate per side, where it is deemed to be in the interests of promoting public safety of first responders.