Customary agricultural uses.

Sale of agricultural products grown, raised or produced on the premises.

Open recreation uses (other than buildings or structures), such as parks and playgrounds, but not including such intensive commercial recreational uses as a racetrack or amusement park.

Wildlife, game and forest preserves.

Public off-street parking areas.

Lawns, gardens, play areas and seasonal docks.

Historic, scientific and scenic area preservation.

Railroads, streets, bridges, utility transmission lines and pipelines.

Uses of a character similar to uses permitted under § 95-22C but not specifically listed in that subsection, subject to issuance by the Planning Board of a special use permit. Such a permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above-permitted use and is in accord with the stated purpose of the district.

Structures (temporary or permanent) shall not be permitted, except as provided in Subsection D(1) above.

Filling of land for any purpose, deposit or storage of materials or equipment or the creation or maintenance of any obstructions shall not be permitted.

In making a determination on special uses or variances and the exact location of the FW District boundaries, the Planning Board or Zoning Board of Appeals shall consider the following factors in addition to its normal review procedures under Articles VII or VIII of this chapter:

Upon consideration of the above factors and the purposes of this section, the Board may attach such conditions to the granting of variances or special uses as it deems necessary to further the purpose of this section.

The authorized official shall maintain the records of all actions, including technical information, and report any actions to the Federal Insurance Administration upon request.

There is hereby established an FPO District to accomplish the purpose of this section; such district shall be an overlay on the district(s) which are otherwise established hereunder for the land area affected by the FPO designation. The boundaries of the FPO District are delineated more specifically on the Zoning Map, which is part of this chapter, and are considered to be the same as the limits of the one-hundred-year floodplain as delineated by the final Federal Insurance Administration's Flood Insurance Study for the Town of Riga, dated December 15, 1980, effective date June 15, 1981, as shown on the Flood Insurance Rate Maps (FIRM) and the Flood Boundary and Floodway Maps (FBFM) for the community. The study and these maps are on file in the offices of the Town Clerk and the Zoning Enforcement Officer. In the event that there is a discrepancy, the more stringent provisions shall prevail.

The FPO District provides regulations to areas not covered in the FW Floodway District(§ 95-22). The FPO District is subject to inundation by standing water from the one-hundred-year flood, hereinafter referred to as the "base flood." Larger floods may occur on rare occasions, the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris, and areas within these boundaries may flood to lesser degrees more often. This section does not imply that areas outside such districts will be free from flooding or flood damages.

The provisions of this overlay district are intended to be supplementary controls in the mapped primary zoning districts and shall be used in combination with such districts.

The location of the land or structure involved, showing its relationship to the floodplain, floodway and drainageway, water body or channel.

The elevation of the lowest habitable floor level, including basements, and its relationship to the base flood elevation and the insurance risk rate established by the Federal Insurance Administration's Flood Insurance Study.

An evacuation plan for the development for periods of major flooding.

The design and placement of the water supply and on- or off-site sewage systems. Such systems shall be so designed as to minimize or eliminate infiltration of floodwaters into the systems. Discharges from the systems into floodwaters shall not contaminate surface water from disposal systems. Such systems shall be designed to avoid impairment of the system during flood periods.

The design and placement of all public utilities and facilities to minimize or eliminate flood damage.

A drainage plan to reduce exposure to flood hazards.

The Planning Board may require conservation easements (either separately or in conjunction with any other easement required by the Town) over such portions of any parcel as may be contained in an EPO District, FW District or FPO District, which easement shall set forth covenants and restrictions reasonably intended to ensure that any of the regulations or prohibitions set forth in Subsection E below are observed. The Planning Board may condition any final approval granted upon the acceptance by the Town and the recording of such written easement.

The Planning Board may also require that applicable regulations, prohibitions and restrictions be set forth in a note appearing on any plat, site plan or other document approved as a result of the review process.

The Planning Board may require, as a condition of any approval, that appropriate erosion control measures be installed and maintained on the site, either within the protected area or within any area reasonably adjacent to such protected area, so as to ensure that any watercourse or wetland will be adequately protected from runoff, soil erosion and siltation resulting from construction or development activities. The Board may also require that such erosion control measures be in place prior to the issuance of any building permit or require the posting of a performance bond or other security, in form and amount acceptable to the Town Board, to ensure such work, as a condition of final approval.

The construction, erection or placing of any structure, including barns, storage sheds, satellite dishes and swimming pools.

The storage or parking of vehicles, equipment or containers, including but not limited to inoperable or unregistered automobiles, trucks, tractors, farm equipment, building debris, barrels or other waste materials.

The pasturing or housing of livestock or other animals, except, however, for livestock crossings or watering access installed and maintained in accordance with standards, specifications, policies and practices of the Monroe County Soil and Water Conservation District or other agency having jurisdiction.

The clear-cutting of trees or removal of vegetation, except that the following activities shall be exempt: lawn maintenance, gardening activities, passive recreation activities (such as picnicking, bird-watching, fishing and hiking), tree and shrub maintenance and removal of dead or deteriorating vegetation.

The construction, maintenance or placement of any private sewage disposal system or any part thereof.

The construction, erection or placing of any dam, gate, levee, barrier, embankment or other structure or device which would alter the natural flow pattern of a watercourse.

Any soil removal or filling activities or any other soil disturbance activities.

The construction, erection or placing of any road, driveway, bridge or other structure for the purpose of crossing streams or watercourses.

The use of motorized vehicles, including but not limited to motorcycles, motorbikes, ATV's, off-road vehicles, etc., except that this shall not prohibit the use of motorized vehicles reasonably required for maintenance of the area and the recreational use of snowmobiles.

The Planning Board, as part of its regular development review process, may authorize the clear-cutting of trees or removal of vegetation [otherwise prohibited by Subsection E(4)] or the construction or maintenance of structures or activities which would alter the natural flow pattern of watercourses [otherwise prohibited by Subsection E(6)] or soil removal or filling activities or other soil disturbance activities [otherwise prohibited by Subsection E(7)] when, in the Planning Board's sole discretion, subject to such permits and/or approvals as may be required by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, such activities or work is necessary to permit the reasonable development of the parcel in question. In any such case, the Planning Board shall first determine that the benefit sought by the applicant cannot be achieved by some other feasible means, having a less detrimental effect on the environment. In such cases, the Planning Board may attach such conditions, requirements and restrictions to its approval of an exception or modification as shall satisfy the intent and objectives of this section when weighed against the benefit sought by the applicant.

The Planning Board, as part of its regular development review process, subject to such permits and/or approvals as may be required by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, may authorize the construction, maintenance or placement of such roads, driveways, bridges or other structures [otherwise prohibited by Subsection E(8) above] as shall be reasonably required for access to those portions of a lot to which a property owner may not otherwise have reasonable access. In such cases, the Planning Board may attach such conditions, requirements and restrictions with regard to such structures as shall satisfy the intent and objectives of this section when weighed against the property owner's need for access.

The Zoning Enforcement Officer, following consultation with the Chair of the Conservation Board (which shall be deemed to satisfy the referral requirements of Subsection G below), may authorize modifications or exceptions to Subsection E(4) with regard to property for which no development review is pending or required when, in their discretion, the limited cutting of trees or removal of vegetation is designed to and will have the effect of improving the passive recreational enjoyment of the area for which the exception or modification is sought. Before granting any application for such an exception or modification, the Zoning Enforcement Officer shall find that the general intent and objectives of this section will not be adversely affected. Any authorization shall be in writing and shall clearly identify the activities to be permitted and may attach such reasonable conditions, requirements and restrictions as shall satisfy the intent and objectives of this section.

Customary agricultural uses.

Sale of agricultural products grown or raised on the premises.

Dairies.

Single-family residence.

Home occupation, provided that there is no external evidence of such use.

Construction of a building or structure, customarily considered an accessory building or structure, including but not limited to a garage, shed or storage building, on a lot which is vacant or on which there is not already existing a principal building or structure, provided that site plan approval is obtained from the Planning Board in accordance with Article IX hereof.

Churches and similar religious institutions.

Hospitals and rest, nursing and convalescent homes.

Public and private schools, including nursery schools, kindergarten and day nurseries, and child-care institutions, but not including business, dancing, trade, technical or similar schools.

Public and private utility buildings, structures and uses, but not including storage or repair yards, warehouses, power plants and similar uses.

Open recreation uses, such as parks, playgrounds, golf courses (with or without a driving range), country clubs, swimming clubs and tennis clubs, but not including such intensive commercial recreational uses as a driving range separate from a golf course, racetrack, amusement park or miniature golf course.

Wildlife preserves and preservation of scenic, historic and scientific areas.

Community centers, owned and operated by a governmental agency or a nonprofit organization.

Riding instruction and academies.

Cemeteries and related uses.

One mobile home when located on a farm and occupied by members of the farm family or by persons employed full-time on the premises and their families. Such mobile home shall be so located on the farm property that requirements may be met for lot size and setbacks as for a single-family dwelling, in addition to the requirements for any other dwelling or principal structure located on the property. This use shall be subject to the provisions of Chapter 62 of the Code of the Town of Riga.

Kennel.

(Reserved)

Two-family residences and in-law apartments.

Uses of a similar character to permitted uses listed in Subsection B of this section, but not specifically listed therein, upon application to and approval by the Planning Board as a special use. Such a use shall be permitted upon a finding by the Planning Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.

No public water or sewer or with either public water or sewer.

With public water and sewer.

The minimum lot frontage shall be as provided in § 95-71A.

The minimum front setback shall be 60 feet, measured from the front lot line.

The minimum rear yard setback shall be 50 feet from the lot line, except when a rear yard abuts a street, then the minimum setback shall be 60 feet.

The minimum side yard setback shall be 10% of the minimum required lot width at the building line, rounded to the nearest whole foot, except when a side yard abuts a street, then the minimum setback shall be 60 feet.

Any building housing livestock or any noxious commodity or activity shall be located at least 100 feet from any lot line.

The maximum building height shall be two stories or 35 feet, whichever is the lesser, provided that this regulation shall not apply to barns, silos, water towers or tanks or other farm buildings or structures, provided that they are not less than 100 feet from every property line if they exceed such height limitation. The exceptions outlined in § 95-61 shall also apply.

In the Residential RRA District, no dwelling shall be hereafter erected or altered unless provision shall be made therein for the following minimum square footage of livable areas:

In determining the square footage of such livable areas on the first floor or along the exterior of the main foundation wall, the measurements shall be made along the exterior of the main foundation walls of the dwelling, exclusive of garage, car park, carport, open porch or terrace, patios, cellars or basements or other extensions outside the body of the house.

In determining the minimum square footage of such livable areas on the floor other than the first floor or along the exterior of the main foundation wall, the measurements shall be made along the exterior of the main walls housing such livable areas, exclusive of garage, car park, carport, open porch or terrace, patios, cellars or basements or other extensions outside the body of the house.

Professional or business offices or office parks.

Banks and financial offices.

Offices and clinics for the provision of medical care and treatment on an ambulatory, outpatient basis, including offices for such practitioners as physicians, dentists, psychiatrists and psychologists, ophthalmologists and optometrists, chiropractors and physiotherapists.

Sale or rental of new or used motor vehicles, farm implements, construction equipment, boats, trailers or recreational vehicles. Such use may include incidental service, repair or towing of such vehicles or equipment, clearly secondary to the primary use, but shall not include junkyards or parking or storage of inoperable vehicles outdoors, other than temporarily while pending scheduled repair, which shall not exceed 30 days for any specific vehicle.

Hotels and motels.

Municipal and other public service offices.

Restaurants.

Customary agricultural uses.

Subject to the provisions of § 95-75 of this chapter, motor vehicle service stations and repair garages and facilities. Such use may include incidental towing of such vehicles, clearly secondary to the primary use, but shall not include junkyards, motor vehicle towing services, body and paint shops or the parking or storage of inoperable vehicles outdoors, other than temporarily while pending scheduled repair, which shall not exceed 30 days for any specific vehicle.

Car washes.

Commercial schools, such as for dancing, art and business.

Nursery or day-care centers; child-care institutions.

Animal hospitals and commercial kennels.

Indoor or outdoor recreational facilities, such as health and fitness clubs, miniature golf courses, bowling alleys or driving ranges.

Convenience stores and other retail or personal service establishments, provided that the development of such uses, either individually or collectively (such as shopping centers) is designed to:

Nursing homes.

Uses of a character similar to uses permitted under Subsection B of this section, but not specifically listed therein, subject to issuance by the Planning Board of a special use permit. Such a permit shall granted only upon a finding by the Planning Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.

Lot area: no minimum, except that the lot area provided shall be that necessary to accommodate the necessary structures and comply with all other applicable loading, parking, access and buffer area requirements contained elsewhere in this chapter, and the dimensional requirements which follow.

Lot width: minimum of 200 feet.

Lot depth: minimum of 200 feet.

Front yard: minimum of 50 feet, measured from the front lot line.

Side yard: minimum of 10% of the lot width at the building line, rounded to the nearest whole foot. The side yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.

Rear yard: minimum of 40 feet. This rear yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.

Maximum lot coverage by buildings and structures: 40% of total lot area.

Maximum building height: two stories or 35 feet, whichever is lesser.

All construction, new uses or changes in use within the district shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article IX.

Wherever a permitted use or special permit use in the HC District is located adjacent to any RRA Rural Residential/Agricultural District, a fully landscaped buffer 100 feet in width must be provided along the full length of the developed adjacency. This buffer area shall be planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the commercial activity from the adjacent district. The treatment of the buffer area shall, however, not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the same plan.

The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality of design as to be a visual asset to the area in which the buildings and grounds are located.

All storage and sale of goods or materials shall take place wholly within enclosed buildings.

In reviewing site plans and special use permit applications for development in the HC District, the Planning Board shall particularly consider the following:

Scientific research or experimental development of materials, methods or products, including engineering and laboratory research.

Administrative, educational and other related activities and facilities in conjunction with a permitted use.

Manufacture of electric, electronic or optical instruments or devices.

Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather or precious or semiprecious metals or stones.

Graphic arts and related light printing operations (but not including printing as a primary use), publishing or bookbinding.

Customary agricultural uses.

Agricultural-industrial operations.

Municipal and other public service and public utility buildings.

Warehouse and distribution uses.

Day-care centers and child-care institutions operated in conjunction with and on the same lot as a permitted use or authorized special permit use, provided that the applicant establishes, to the satisfaction of the Planning Board, that such use shall provide a service primarily to the employees of the use with which it is associated.

Commercial building-mounted solar energy systems.

Commercial roof-mounted solar energy systems.

Type 2 solar energy systems.

Uses of a character similar to uses permitted under Subsection B of this section, but not specifically listed therein, subject to issuance by the Planning Board of a special use permit. Such a permit shall be granted only upon a finding by the Planning Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.

Lot area: minimum of two acres if both public sewers and public water are available; minimum of five acres if both are not available or if only one utility is available.

Lot width: minimum of 250 feet.

Lot depth: minimum of 250 feet.

Front yard: minimum of 75 feet, measured from the front lot line.

Side yard: minimum of 10% of the lot width measured at the building line, rounded to the nearest whole foot. This side yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.

Rear yard: minimum of 80 feet. This rear yard shall be exclusive of and in addition to any buffer area required in Subsection E(2) below.

Maximum lot coverage by buildings and structures: 25% of the total lot area.

Maximum building height: two stories or 35 feet, whichever is the lesser.

Type 2 solar energy systems shall be sited to create a setback from any property line of no less than 200 feet. Setbacks shall be measured from the fence-line of the solar energy system to the nearest property line. The above-stated side and rear 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.

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.

All construction, new uses or changes in use within the district shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article IX.

Wherever a permitted use or special permit use in the LI District is located adjacent to any other district, with the exception of an industrial district, a fully landscaped buffer 100 feet in width must be provided along the full length of the developed adjacency. This buffer area shall be planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the industrial activity from the adjacent district. The treatment of the buffer area shall, however, not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, and shall be approved by the Planning Board during its review of the site plan.

All manufacture, assembly, research, development, engineering, administration, storage and other related activities shall be conducted wholly within enclosed buildings.

At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard of fire or explosion or any other physical hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.

The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality of design as to be a visual asset to the area in which the buildings and grounds are located.

Any use permitted in the LI District.

Cold storage plants and ice manufacturers, including storage and offices.

Printing, publishing and bookbinding.

Public and public utility buildings and yards.

Retail or combination retail and wholesale lumber and building materials yard, not including concrete mixing.

Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating, machine, sheet metal, stone monuments, upholstery and welding.

Wholesale distribution of all standard types of prepared or packaged merchandise, excluding, however, such uses as fertilizer, explosives, compost and nitrocellulose.

Processing uses, such as bottling plants, creameries, laboratories, blueprinting and photocopying, laundries, carpet- and rug-cleaning plants, cleaning and dyeing plants and tire retreading, recapping and rebuilding.

Sale or rental of new or used motor vehicles, farm implements, construction equipment, boats, trailers or recreational vehicles. Such use may include incidental service, repair or towing of such vehicles or equipment, clearly secondary to the primary use, but shall not include junkyards or parking or storage of inoperable vehicles outdoors, other than temporarily while pending scheduled repair, which shall not exceed 30 days for any specific vehicle.

Customary agricultural uses.

Agricultural-industrial operations.

Terminal facilities for transportation services.

(Reserved)

Subject to the provisions of § 95-75 of this chapter, motor vehicle service stations and repair garages and facilities, including motor vehicle towing services and body and paint shops, but not including any junkyard or the parking or storage of inoperable vehicles outdoors, other than temporarily while pending scheduled repair, which shall not exceed 30 days for any specific vehicle.

Storage tanks.

Recycling centers or facilities, composting facilities, landfills and any other solid waste facilities as may be defined by Part 360 of the New York Codes, Rules and Regulations.

Commercial building-mounted solar energy systems.

Commercial roof-mounted solar energy systems.

Type 2 solar energy systems.

Adult use establishments, in accordance with the provisions of Chapter 67, Peace and Good Order, Article I, Adult Use Establishments, of the Code of the Town of Riga, subject to the following conditions and criteria, which shall be in addition and supplementary to those matters which the Planning Board is to consider in reviewing special use applications under Article VII of this chapter:

Uses of a character similar to uses permitted under Subsection B of this section, but not specifically listed therein, subject to issuance by the Planning Board of a special use permit. Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character as the above permitted uses and is in accord with the stated purpose of this district.

Subject to the provisions of § 95-75 of this chapter, assembly of custom or special-order trucks, farm implements and recreational vehicles from new, previously manufactured parts produced elsewhere, such as the installation of custom bodies or equipment on standard frames.

Lot area: minimum of two acres if both public sewers and public water are available; minimum of five acres if both are not available or if only one utility is available.

Lot width: minimum of 250 feet.

Lot depth: minimum of 250 feet.

Front yard: minimum of 75 feet, measured from the front lot line.

Side yard: minimum of 10% of the lot width measured at the building line, rounded to the nearest whole foot. This side yard shall be exclusive of and in addition to any required buffer area as required in Subsection F(2) of this section.

Rear yard: minimum of 40 feet. This rear yard shall be exclusive of and in addition to any required buffer area as required in Subsection F(2) of this section.

Maximum lot coverage by buildings and structures shall be 50% of the total lot area.

Maximum building height shall be two stories or 36 feet, whichever is the lesser.

Type 2 solar energy systems shall be sited to create a setback from any property line of no less than 100 feet. Setbacks shall be measured from the fence-line of the solar energy system to the nearest property line. The above-stated side and rear 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.

All construction, new uses or changes in use in GI Districts shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Article VII.

Wherever a permitted use or special permit use in the GI District is located adjacent to any other district, with the exception of an LI Light Industrial Park District, a fully landscaped buffer 100 feet in width must be provided along the full length of the developed adjacency. This buffer area shall be planted and perpetually maintained with live trees and shrubs at least six feet in height and shall have such other grading and landscaping as necessary to visually and audibly screen the industrial activity from the adjacent district. The treatment of the buffer area shall, however, not appear to be unnatural or rigid, such as bunker-like straight ridges or walls, as determined by the Planning Board during its review of the site plan.

At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.

The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality of design as to be a visual asset to the area in which they are located.

It is the intent of this planned residential development section to provide flexible land use and design regulations through the use of performance criteria so that small- to large-scale residential neighborhoods or portions thereof that incorporate a variety of residential types and contain both individual building sites and common land areas, which are planned and developed as a unit, may be developed within the Town. Such a planned development is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common land areas in order to function as a neighborhood. This section specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwellings and by the conservation and more efficient use of land in such developments.

This section recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned residential development concept. Further, this section recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where PRD techniques are deemed appropriate through the rezoning of land to a planned residential development district by the Town Board, the use and dimensional specifications established elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.

A diversity of choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels.

More usable open space and recreation areas.

The construction of attractive new residential housing facilities for a variety of income groups so as to allow the existing village business district to continue its role as the Town focal point.

The preservation of trees, outstanding natural topography and geologic features and the prevention of soil erosion.

A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses.

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.

A development pattern in harmony with the objectives of the Community Comprehensive Plan.

A more desirable environment than would be possible through the strict application of other sections of this chapter.

Land development that is made to fit the existing land rather than the converse.

The incorporation of aesthetic qualities into the design process that will make the finished PRD project physically appealing to both the residents who will live there and the community in general.

A lessening of congestion in the streets.

The lessening of danger from fire, flood and other problems created by congestion.

The promotion of the health and general welfare of the Town.

Providing the adequate light and air and the prevention of the crowding of land resulting from undue concentration of population.

The facilitating of adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

Minimum area. Under normal circumstances, the minimum area required to qualify for a planned residential development district shall be 25 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section, the Town Board, on the recommendation of the Planning Board, may consider projects with less acreage.

Ownership. The tract of land for a project shall be owned, leased or controlled by a single person, corporation or other entity.

Location of PRD District. The PRD District may be applicable to any area of the Town where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section. Such designation of any PRD District shall be by amendment to this chapter and shall be made in accordance with the Community Comprehensive Plan.

Permitted uses. All uses within an area designated as a PRD District are determined by the provisions of this article and the approved plan of the project concerned.

Intensity of land uses. Because land is used more efficiently in a PRD, improved environmental quality can often be produced with a greater number of dwelling units per gross building acre than usually permitted in traditionally zoned districts. The Town Board shall determine in each case the appropriate land use intensity or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.

Common property in the PRD. "Common property in a PRD" is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.

General guidelines for design. The following items are intended to be general guidelines for the developer to follow when planning his development layout and design. Although they represent a pattern of customary requirements and restrictions, they are meant to be applied to a specific proposal open-mindedly and objectively. Specific circumstances may warrant slight changes in application if the developer can suggest alternatives which, in the opinion of the Town Board, Town Planning Board and Town Engineer, are more in keeping with the objectives of this chapter as previously listed.

Application for sketch plan approval.

Informational public hearing. After the developer has submitted his sketch plan and proposal to the Planning Board and within 15 days thereafter, the Planning Board shall cause a notice of a public hearing to be published once in the official paper of the Town of Riga concerning an informational public hearing to be held at a specified time and place before the Planning Board of the Town of Riga for purposes of disseminating information concerning the proposal to the general public and for purposes of discussions of the proposal with the general public. Thereafter, the Planning Board shall make its recommendations to the Town Board as provided for in Subsection D(3)(b) below.

Planning Board review process, report and recommendation. The Planning Board shall review the sketch plan and its related documents and shall render either a favorable or unfavorable report to the Town Board and the applicant. The Planning Board may call upon the County Planning Department, the Soil Conservation Service and any other public or private consultants that they feel are necessary to provide a sound review of the proposal.

Application to Town Board for PRD districting.

Grant of PRD districting; additional conditions and requirements. If the Town Board grants the PRD districting, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; circulation systems, both vehicular and pedestrian; availability of sites within the area for necessary public services, such as schools, firehouses and libraries; protection of natural and/or historic sites; and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in Subsection C(5).

Application for preliminary site plan approval shall be to the Planning Board and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect:

Factors for consideration.

Action on preliminary site plan application.

Request for changes in sketch plan. If, in the site plan development, it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board as his preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of this chapter. If a negative decision is reached, the Planning Board shall so notify the Town Board, stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.

Application for final detailed site plan approval.

Action on the final detailed site plan application. Within 60 days of the receipt of the application for final site plan approval, the Planning Board shall render a decision to the applicant and so notify the Town Board. If no decision is made within the sixty-day period, the final site plan shall be considered approved.

Staging. If the applicant wishes to stage his development and he has so indicated as per Subsection D(2)[b][4], then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged; and a staging plan must be developed. At no point in the development of a PRD shall the dwelling unit ratios between the several different housing types for that portion of the PRD completed and/or under construction differ from that of the PRD as a whole by more than 20%.

Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special use permit request to the Planning Board. Use changes shall also be in the form of a request for special use permit, except that Town Board approval shall be required. It shall be noted, however, that properties lying in planned residential development districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.

Site plan review. Site plan review under the provisions of this section shall suffice for Planning Board review of subdivisions under Chapter 81, subject to the following conditions:

The minimum land area to be included in any such rezoning shall be 10 acres.

The minimum lot frontage on a public street shall be 500 feet.

Any such area to be rezoned shall be serviced by public water and public sewers or such services shall be available prior to any development, as evidenced by written notice from each municipal agency having jurisdiction with regard to the provision of such services.