Town of LaGrange, NY Supplemental Regulations: General

In the case of any application for the establishment of a use subject to the above performance standards, the Zoning Administrator may require the applicant, at his own expense, to provide such evidence as he or she deems necessary to determine whether the proposed use will conform to said standards.

If the Zoning Administrator or Planning Board deem it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.

During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.

Enforcement. If, in the judgment of the Zoning Administrator or the Town Board, there is a violation of the performance standards:

The Zoning Administrator shall give written notice, either by personal service or by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator within a reasonable time limit set by said Administrator. The notice shall state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made, and that if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of determination will be borne by the Town.

If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Zoning Administrator, he shall note "violation corrected" on his copy of the notice, shall notify the Town Board and Planning Board in writing, and shall retain the notice among his records.

If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the Zoning Administrator within the time limit set, he shall proceed to take action in accordance with Article VIII of this chapter.

In any case of imminent danger to public health and safety, the Zoning Administrator may order any action, process or operation to cease immediately upon his verbal or written notice to the operator, owner, tenant or agent(s). A written report of the Zoning Administrator's action will be submitted to the owner and the Town Board within three days.

Sewer and water facilities.

[Added 12-14-2016 by L.L. No. 15-2016]

Any residential subdivision or residential site plan use which is not designed or approved for individual subsurface septic systems for each residential unit, or which is not designed or approved with a potable private well for each residential unit, will be required to design and to build communal sewer or water facilities, as the case may be, to be dedicated to the Town as municipal facilities.

Any commercial site plan use may be required to connect, where feasible, to existing municipal sewer or water infrastructure. Any commercial site plan use which presents an approvable septic system or septic treatment plant, or a potable private well, may be required to dedicate such facilities to the Town in the exercise of the Town's discretion. As part of the approval process, each site will be reviewed by the Administrator of Planning and Public Works to determine if connection to existing municipal sewer or water infrastructure is feasible or, if not feasible, whether the neighboring area is in need of municipal facilities for sewer collection or water supply. In the event that connection to existing municipal facilities is not feasible, and there is need shared by the neighboring area, the Administrator of Planning and Public Works will notify the property owner and site plan applicant, if different, that dedicated and expandable municipal sewer collection or water supply facilities will be necessary as early as possible in the review process.

The Administrator of the Planning and Public Works Department will be responsible, with the Town's Engineer, for design approval and final acceptance of all sewer collection or water supply facilities to be dedicated to the Town. The Administrator of Planning and Public Works will make recommendations to the Town Board if the new sewer collection or water supply facility will require the establishment of a special improvement district, an extension of an existing special improvement district, or an improvement area, and whether the new facility or facilities to be dedicated will be required to be expandable at municipal expense to accommodate additional surrounding areas of need.

§ 240-42 Off-street parking, loading and driveway standards.

General provisions.

All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this chapter to meet the needs of persons using or occupying such structures or land.

The plans for any new building or any expansion of an existing building or use, when submitted for a site plan approval, special use permit or construction permit, shall show specifically the location, size and type of improvements of the off-street parking and loading space required to comply with this chapter and the means of access to such space from the public streets or highways. Except for a one-family residence, no building permit shall be issued until such plan for parking and loading space and access to it and improvement is approved by the Planning Board, which shall determine that traffic access, traffic circulation and general layout of the parking facility are planned with regard to pedestrians using the parking facility as part of its site plan study and review. No certificate of occupancy shall be issued for any building or land use until the required off-street parking space has been constructed in accordance with the site plan approval of the Planning Board.

Required off-street parking facilities that, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures of which they were originally provided.

Existing structures and uses. Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities then existing to serve such structures or uses shall not, in the future, be reduced except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking and loading facilities shall, however, be provided as a condition for the issuance of any building permit for any enlargement of such structures or uses in the future. The reduction or elimination of existing parking and loading areas shall not be permitted unless it is in excess of the requirements.

Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Town, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this chapter. Also, the Planning Board may permit all or part of the required off-street parking spaces to be located on any lot within 500 feet of the building if the Board determines it is impractical to provide parking on the same lot with the building. In no event shall such parking and loading spaces for a nonresidential use be located in any residence district. In any residence district, no required off-street parking shall be developed within the required front yard, apart from the driveway of a width of no more than 20 feet, nor shall it be developed within 15 feet of a side or rear lot line.

Size of parking spaces.

Each parking space shall be nine feet wide and 18 feet long, except handicap-accessible spaces, which shall meet state and federal requirements. Backup and maneuvering aisles between rows of parking spaces shall be at least 24 feet wide, except where the Planning Board approves a lesser dimension as adequate to serve parking spaces arranged at less than a ninety-degree angle or landscaped area.

[Amended 12-14-2016 by L.L. No. 15-2016]

The Planning Board may consider, in the site plan approval process and upon the request of the applicant, a reduction in the size of the parking spaces for up to 15% of the total number of parking spaces. In no event shall any parking space be less than 8 1/2 feet wide and 18 feet long.

Landscaping. Except for parking spaces accessory to a one-family dwelling, all off-street parking areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board. At least one tree with a minimum diameter of three inches at a height of five feet above ground level shall be provided within such parking area for each six parking spaces.

Wherever possible, raised planting islands, at least six feet in width, except that the planting island between the parking area and the street shall be a minimum of 10 feet, shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles, and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands should be designed so as to facilitate surface drainage, when necessary, and prevent vehicles from overlapping sidewalks and damaging landscaping materials, and front or rear overhang shall not encroach on any sidewalk.

In all off-street parking areas containing 25 or more parking spaces, at least 15% of the area within the inside perimeter of the parking surface of the parking area shall be curbed and landscaped with appropriate trees, shrubs and other plant materials as determined necessary by the Planning Board to assure the establishment of a safe, convenient and attractive parking facility.

Grades, drainage, paving and marking. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 3%. The Planning Board may, in special cases, allow a portion of the lot to have a slope of 5%. The Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

Traffic circulation.

In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, enforceable by the Town, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.

Adequate access to buildings by use of fire lanes shall be provided and maintained in all off-street parking and loading zones.

Waiver of improvement. Where the authority approving a site plan or special permit application determines that less than the required number of parking spaces will satisfy the intent of this chapter, said Board may waive the requirement in part, but not in excess of 50% of the number required according to this section. In all cases, it shall be expressly demonstrated on the site plan that sufficient space is reserved for the provision of the total amount of off-street parking required, and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guarantees shall be submitted by the applicant for the eventual improvement of any such spaces that may have been waived; these spaces must be constructed by the property owner within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed. Written guarantees and proposed designs of future parking shall be shown on the site plan.

[Amended 12-14-2016 by L.L. No. 15-2016]

The supply of parking spaces shall not exceed minimum requirements unless clearly justified by parking generation data submitted by the applicant and approved by the Planning Board.

The Planning Board may, at its sole discretion, approve the joint use of a parking facility and allow a reduction in the parking requirement of up to 30% for two or more principal buildings or uses on adjacent parcels where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by patrons or employees among such establishments (offset peak parking demand). There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal uses. Such covenant shall be:

Executed by the owner of said lots or parcels of land and by all other parties having beneficial use of, or some other legal interest in, the property, such as, but not limited to, a collateral or security interest;

Enforceable by any of the parties having shared beneficial use of the facility; and

Enforceable against the owner, the parties having beneficial use, and their heirs, successors, and assigns.

Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained as long as the use of the structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the Town as public parking areas.

Off-street parking requirements.

Off-street motor vehicle parking facilities shall be provided as follows, except as may be modified in other provisions of this section or where additional parking requirements may be made as a condition of the issuance of a special permit, in which case provisions of the appropriate section shall apply.

[Amended 6-13-2007 by L.L. No. 2-2007]

	Use	Minimum Off-Street Parking (number of spaces)
	Single-family dwellings	2 for each dwelling unit (garages excluded)
	Multifamily dwellings	1 per dwelling unit, plus an additional 1/2 space for each bedroom within each dwelling unit (senior citizen housing pursuant to § 240-36: 1 per dwelling unit, plus an additional 1/4 space for each bedroom within each dwelling unit)
	Professional office or home occupation permitted in a residential district with site plan approval.	2 in addition to spaces required for the residential and allowable employee's use, and additional home occupation spaces may be required on a case-by-case basis
	Place of worship, theater, auditorium, athletic field or other place of assembly	1 for each 4 seats or pew spaces or, in places without seats, 1 for each 100 square feet of floor space used for public assembly (a pew space shall be 20 inches wide); 1 per 3 theater seats
	Residential health care facilities and adult homes	1 for each 3 patient beds and 1 for each employee, including medical, nursing and service staff
	Golf and country club	1 for each 2 memberships
	Centers of public amusement	1 per 100 square feet of floor space used for public amusement
	Research and development lab	1 per employee, but not less than 1 per 600 square feet
	Bowling alley	5 for each alley
	Retail or service business	1 for each 200 square feet of gross floor area, plus 1 for each employee
	Restaurant	1 for each 3 seats or 1 for each 100 square feet of gross floor area, whichever is greater
	Office for business or professional use (other than accessory to residential use)	1 for each 175 square feet of ground floor area and 1 for each 300 square feet of other floor, except accessory storage
	Banking office	8, plus 1 for each employee, plus 4 additional for each person in excess of 2 acting as tellers, including waiting spaces for drive-through window
	Inn/bed-and-breakfast	1 for each guest sleeping room, plus 1 for each 1.5 employees
	Industrial	1 for each employee, but not less than 1 per 400 square feet
	Funeral home	1 per employee, plus 1 per 25 square feet of gross floor space in assembly rooms
	Kennel or animal hospital or veterinary office	4 per examining room, plus 1 per employee, but in no case less than 1 per 400 square feet of gross floor area
	Gasoline filling stations and motor vehicle repair establishments	10, or 5 for each garage bay, whichever is greater

Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Planning Board, which shall consider all factors entering into the parking needs of each such use as part of its site plan review process.

Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot, except that the Planning Board may approve the joint use of parking space by two or more establishments on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments.

Off-street loading requirements. Off-street loading and unloading facilities shall be located on the same site with the use to be served and shall be provided as follows:

Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may be each 12 feet in width, except where delivery service will be by tractor trailer, in which case the minimum length shall be 60 feet and the minimum width shall be 14 feet.

Required number of spaces.

For retail and/or service business establishments: a minimum of one space for the first 6,000 square feet, plus one space for each additional 8,000 square feet of gross floor area or major part thereof, except that no berths shall be required for buildings with a gross floor area of less than 5,000 square feet.

For office establishments: a minimum of one space for the first 10,000 square feet of gross floor area, plus one space for each additional 15,000 square feet of gross floor area or major part thereof, except that no berths are required for buildings of less than 5,000 square feet of gross floor area.

For office research establishments: a minimum of one space for the first 8,000 square feet of gross floor area of building, plus one space for each additional 10,000 square feet of gross floor area, or major part thereof.

For wholesale business, industry, storage, warehouses, and other commercial establishments: a minimum of one space for each establishment, plus one space for each 8,000 square feet of gross floor area or major part thereof.

Any loading dock facing a road frontage shall be sufficiently far back from the road to permit the largest permitted tractor trailer to maneuver into said loading dock without encroaching on the required front yard. Any such dock shall be screened so it is not visible from the road.

Driveways.

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

[Amended 5-23-2018 by L.L. No. 6-2018]

No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street center lines.

Driveway grades.

The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a street shall not exceed 10%, as measured between any two-foot contour interval, except where it can be demonstrated to the satisfaction of the approving authority that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed 15%.

The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as above, provided that such grades shall in no case exceed 10%.

Notwithstanding the maximum permitted grades specified above, no driveway shall have a grade in excess of 1 1/2% within 30 feet of the edge of the pavement, within 30 feet of the traveled way of the street, or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.

Clear visibility shall be provided and maintained in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway, but not less than 300 feet) and so that there is a similar view of the automobile in the driveway.

Shared driveways may be permitted to serve up to five residences, providing the minimum road frontage for the specific zoning district is physically available.

Additional driveway design details shall conform to current Town driveway standards, which may be obtained from the Zoning Administrator or Town Engineer.

§ 240-43 Signs.

[Amended 8-26-2009 by L.L. No. 3-2009; 9-10-2014 by L.L. No. 4-2014; 5-23-2018 by L.L. No. 6-2018]

Legislative intent. The intent of this section of the Zoning Law of the Town of LaGrange is to define provisions applicable to the location, construction, design and placement of signs within LaGrange and the zoning districts thereof and to provide a reasonable period for replacement of nonconforming signs. The purpose of the provisions herein is to regulate signs and related advertising materials in order to promote safety, health, economic development, community character and convenience. Among the objectives are the reduction of or elimination of nonconforming signage, and the containment or curtailment of unauthorized postings. The following are additional purposes:

Provide a method for the implementation of this section reasonably related to the foregoing purposes and to objectives sought to be promoted by the community consistent with the guidelines and intent of the Comprehensive Master Plan of the Town;

Protect and enhance the unique visual qualities of LaGrange;

Encourage the installation of appropriate signs that harmonize with the buildings, neighborhood, and other signs in the area;

Eliminate excessive and unsightly competition for visual attention through signs;

Safeguard the general public by elimination of signs which may distract a motorist and/or contribute to the hazards of driving;

Safeguard objects having special aesthetic interest or value;

Preserve citizens' rights to a customary means of earning a living;

Facilitate the reasonable needs of businesses to identify themselves in ways harmonious with their landscapes;

Foster, encourage and provide uniformity and/or continuity of visual characteristics within the community;

Maintain a standard of quality of all signs;

Regulate without regard to commercial or noncommercial content;

Ensure that the owner of any sign that is otherwise allowed under this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting, except for signs requiring permits in this section. The purpose of this provision is to prevent any inadvertent favoring of commercial messages over noncommercial messages.

Purpose. To help achieve these goals and promote the objectives of the Town's Comprehensive Plan, the following standards shall regulate the use of signs in the Town of LaGrange.

Definitions: see § 240-111, Word Usage, and § 240-112, Definitions.

General provisions. No sign shall be erected, placed, constructed, painted, altered, relocated, reconstructed, modified, extended, enlarged, displayed or maintained except in conformity with the provisions of this chapter. The following rules apply to all signs where applicable.

Signs shall pertain to a use conducted on the same premises where the business(es) are located, except as may be permitted elsewhere in the code.

Signs shall be harmonious and compatible with the architectural character pertaining to the style, size, shape, materials used, location, lettering and color of the building and premises to which the sign refers. Signs should reflect the neighborhood, surrounding vernacular, landscape and the general character of the Town.

Signs shall be securely fastened to the ground or be securely attached to a building.

Double-faced signs are permitted. The sign area will be measured using one face in determining conformity with sign area limitations.

The street number of the premises shall be prominently located on all freestanding signs, which will not be calculated as part of the sign area.

Freestanding signs shall be located no closer than 10 feet to the street. The code official may reduce the minimum setback to three feet in the C, GB and MGH Zoning Districts, when the required minimum setback would place the sign in an existing parking lot. The "code official" shall mean Building Inspector or Deputy Building Inspectors.

For each site, only one of the following types of freestanding signs will be permitted: monument, post-and-arm, ground or pole sign, except as may be permitted elsewhere in the code.

The height of a freestanding sign will be measured from the curb or road elevation except where the grade ascends from the roadway, the height of the sign will be measured from the average grade elevation below the sign.

For each tenant occupying a building or space, only one of the following sign types may be permitted; facade, wall, projecting or blade sign. Shared office tenants will not be permitted to install individual signs; the sign area will be calculated as a single tenant.

Corner lots are permitted to have two signs, except as may be restricted elsewhere in this chapter, subject to all other relevant provisions of this chapter.

This section shall not prohibit or regulate the installation by a town, state or federal agency of any street, emergency, traffic control, warning or directional sign.

Illuminated signs, when permitted, shall be subject to the applicable provisions enumerated in § 240-43J of this chapter.

Signs shall not conflict with or impair corner visibility at street intersections, nor obstruct or interfere with the view of any traffic control sign, signal or device and shall not obstruct free ingress or egress to or from any window, door or fire escape.

Removal of signs. Any sign which no longer advertises an existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which the sign is located. All permitted temporary signs shall be removed within seven days of the lawful use, event, election, sale or project.

Electronic message display (EMD). Civic/noncommercial monument signs utilizing EMD shall be regulated pursuant to the standards set forth in § 240-43K and O.

Prohibited signs. Signs listed below are expressly prohibited in all districts. Any sign not permitted by the code are prohibited by omission.

Advertising signs on a bench.

Animated signs, to include: flashing, glaring or moving.

Banners.

Billboards.

Exterior neon signs.

Inflatable signs.

Internally illuminated signs in all residential districts except civic/noncommercial monument signs.

Obstructive signs.

Pennant signs.

Portable signs, except for sandwich board signs as permitted.

Posters and handbills.

Roof signs.

Signs adversely affecting safety.

Signs mounted or fastened on utility poles, streetlights, traffic control or street signs.

Signs advertising outdoor display of materials, supplies and products.

(16)

Spike signs.

(17)

Vehicles used exclusively for the purpose of advertising. All other vehicles possessing large areas of advertising shall not be parked in commercial lots for extended periods of time.

Signs exempt from permit. The following signs and features shall be exempt from permits, subject to the following standards; any sign that is not listed below will require a permit:

Any public notice or warning required by any federal, state or local law or regulation.

Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located.

Any works of art that do not include commercial content.

Any holiday lights and decorations with no commercial message, from November 16 to January 15 of the following year.

Any traffic control signs on private property, such as "stop" or "yield" and similar signs which contain no commercial message of any sort.

Any directional sign not to exceed 1.5 square feet in area and no more than eight feet in height. Where additional need is demonstrated to the code official, additional signs may be allowed.

Any private drive sign not to exceed 1.5 square feet in area and no more than eight feet in height.

Any security/warning sign not to exceed 1.5 square feet in area.

Any nameplate per building, not to exceed 1.5 square feet in area.

Any community bulletin board mounted to a building that does not exceed 12 square feet in area and is no more than eight feet in height; in a suitable location approved by the code official.

Any private for sale or event yard sign not to exceed six square feet in area and no more than four feet in height.

Any construction yard sign per road frontage not to exceed five square feet in area and no more than four feet in height.

Any election yard sign not to exceed five square feet in area and no more than four feet in height.

Any real estate yard sign not to exceed five square feet in area and no more than four feet in height.

Any window sign not to exceed 20% of the total area of the window in which it is located.

(16)

Any directory sign mounted to a building that does not exceed 10 square feet in area. One sign is permitted per building entrance.

Signs permitted in all districts. Signs requiring a permit in all districts, subject to the following standards:

Mailbox post home occupation sign: one sign not to exceed four square feet in area and no more than seven feet in height; in compliance with all postal service regulations. All other home occupation signs will be regulated as a standard sign.

Farm/farm stand sign: one sign per frontage not to exceed six square feet in area and no more than eight feet in height.

Permanent residential development sign: one sign per street entrance not to exceed 12 square feet in area and no more than eight feet in height. Signs shall be located out of the right-of-way on private property. The Town will not be responsible for any maintenance.

Civic/noncommercial sign: one monument sign not to exceed 40 square feet in area and no more than 12 feet in height, or one ground sign not to exceed 30 square feet in area and no more than eight feet in height. Monument signs are subject to the standards set forth in § 240-43O. When EMD is utilized as part of a civic monument sign, § 240-43K to M shall also apply. If illumination is provided, § 240-43J will apply.

Nonresidential sign in a residential district: one sign not to exceed 12 square feet in area and no more than eight feet in height.

Seasonal agricultural sign not to exceed 32 square feet in area and no more than eight feet in height.

Temporary residential development sign not to exceed 24 square feet in area and eight feet in height at each new road entrance. Signs must be removed when 75% of the lots are sold or dwelling units are rented.

Signs permitted in nonresidential zoning districts. Signs requiring a permit in the TCB, GH, MGH, H, C, GB and I Zoning Districts subject to the following standards:

Facade or wall sign (single tenant building): one sign not to exceed 10% of the facade area, not to exceed 50 square feet; except in the TCB Zone, the maximum sign permitted is 20 square feet.

Facade or wall sign (multitenant building): one sign per tenant, not to exceed 10% of the facade area, not to exceed 20 square feet.

Projecting, shingle or blade sign: one sign not to exceed six square feet in area. The minimum clearance above any sidewalk shall not be less than eight feet. Clearance may be less where headroom is not required.

Monument sign: shall be regulated pursuant to the standards set forth in § 240-43O.

Post-and-arm sign: one sign not to exceed 12 square feet in area and eight feet in height.

Ground sign: one sign not to exceed 24 square feet in area and eight feet in height.

Gas station sign: shall be regulated pursuant to the standards set forth in § 240-43I.

Awning sign: one sign per business, the area of which shall not exceed 25% of the vertical surface of the awning; with the exception of when the building design elements require additional consideration to maintain the architectural character of the structure. Light shall not transmit through the awning surface.

Sandwich board sign: not to exceed six square feet and be no higher than four feet. One sign is permitted per business in the TCB, H, and GH Zoning Districts. A sandwich board sign shall be permitted in addition to other signage. A sandwich board sign may be displayed only during the operating hours of the business at a distance not to exceed five feet from the building and shall be stored inside during nonoperating hours.

Commercial temporary sign: one sign not to exceed 10 square feet in area and shall be placed in a location approved by the code official; for a period not to exceed 30 days in any single year.

New business temporary sign: not to exceed 24 square feet in area and shall be placed in a location approved by the code official; for a period not to exceed 60 days or the sign shall be removed upon the installation of the approved permanent sign.

Community event temporary sign: two signs not to exceed 24 square feet in area and shall be placed in suitable locations approved by the Town using the permit procedure in § 240-90 of this chapter.

Gas station/convenience store signs. Gas station/convenience store signs requiring a permit are subject to the following standards:

Monument sign: one sign not to exceed 40 square feet in area and 10 feet in height. Gas station/convenience store monument signs are permitted to have three digital pricing displays. The digits may not exceed 10 inches in height. The sign may include the fuel supplier name and/or the name of the convenience store. Monument signs are only permitted to have digital pricing displays. EMD is expressly prohibited.

Building or wall sign: to be limited to 10% of the front facade length or to a maximum of 20 square feet excluding a canopy sign. For the purpose of this code, gas station canopy signs are not building or wall signs.

Canopy sign in the TCB Zoning District: two signs not to exceed five square feet each; the canopy shall be solid white. The company logo or brand will be the only sign permitted.

Canopy sign in the C, I, MGH and GB Zoning Districts: two signs not to exceed five square feet each. The canopy shall be limited to solid corporate color(s). The company logo or brand will be the only sign permitted. Screen-printed graphics are prohibited.

Window sign: a maximum of 20% of the window surface area in which the sign is located.

Fuel dispenser digital pricing displays: not to exceed one digital price per product at each dispenser.

Monument signs and fuel dispensers utilizing digital price displays shall be fitted with automatic dimming technology, as certified by the manufacturer, to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of 0.3 footcandle above ambient light measured at the nearest property line.

Fuel dispenser monitor: one LCD monitor not to exceed 17 inches diagonal per fuel dispenser. Monitors shall be fitted with light dimming technology as certified by the manufacturer, to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of 0.3 footcandle above ambient light measured at the nearest property line.

Fuel dispenser graphics: The maximum number of corporate logos or brand will not exceed one per pump.

Illuminated signs. The following rules shall apply to any sign that is illuminated by an artificial light source:

Internally illuminated signs are prohibited in all residential districts, except as may be permitted elsewhere in this chapter.

Externally illuminated signs shall be illuminated in a manner that does not produce light spillage in excess of six inches beyond the face/panel. Lighting fixtures or luminaires shall be shrouded to prevent glare.

All illuminated signs shall be fitted with dimming technology. The installer shall certify to the Town that the source of illumination will be wired in such a manner that will adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of 0.3 footcandle above ambient light measured at the nearest property line.

Electronic messaging display (EMD). Signs incorporating an electronic messaging display (EMD) are subject to the following standards in all districts, where and when allowed in this section. EMD is only permitted to be incorporated as part of a monument sign and subject to all other standards regulating a monument sign in § 240-43O of this chapter.

No EMD shall include any audio message.

One sign utilizing EMD is permitted per site. A minimum distance of 400 feet shall be required between an EMD and another EMD.

The owner of any sign utilizing EMD must register with Amber Alert and shall be required to display all Amber Alert messages when requested to do so.

Signs utilizing EMD are not permitted as wall, window, or projecting signs.

All copy, characters or other changeable images shall be one color only with light copy on a dark background, except those which bear a state or federal registered trademark.

Signs utilizing EMD shall be fitted with automatic dimming technology, as certified by the manufacturer, to adjust the brightness of the sign relative to ambient light so that at no time shall a sign exceed a brightness level of 0.3 footcandle above ambient light measured at the nearest property line.

EMD shall contain static messages only, changed only through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images, but which may otherwise not have movement of any illumination or flashing, scintillating or carrying of light intensity.

EMD in residential districts. In addition to all of the standards regulating EMD in Subsection K, the following standards shall apply to all EMD in residential districts:

EMDs are allowed on nonresidential properties with permitted noncommercial uses (e.g., schools, churches, civic buildings).

EMDs are prohibited on residential properties and on subdivision, apartment, multifamily dwellings and condominium properties.

Display time. EMD signs, where permitted, shall have a minimum display time of 12 seconds for each message.

Prohibited features. The following EMD display features are prohibited: scrolling, traveling, flashing, spinning, rotating, or any other moving effects or patterns of illusionary movement or simulated movement.

EMD in nonresidential districts. In addition to all of the standards regulating EMD in Subsection K, the following standards shall apply to all EMD in nonresidential districts:

EMDs are permitted only for noncommercial uses (e.g., schools, churches, civic buildings).

Display time. EMD signs shall have a minimum display time of eight seconds.

The following EMD display features are prohibited: scrolling, traveling, flashing, spinning, rotating, or any other moving effects or patterns of illusionary movement or simulated movement.

Enforcement of EMD. To assure that light emanating from any EMD does not adversely affect neighboring properties or visually interfere with motorists, pedestrians and neighboring property owners, the code official shall have the authority to require changes to any EMD device that, in the opinion of the code official, is malfunctioning or operated in a manner that causes or creates excessive glare or intensity of light, visual interference or blind spots. Such changes may include, but are not limited to: requiring that the EMD device be turned off, or requiring the installation of lower wattage bulbs, or requiring that the device be fitted with shields to deflect light, or such other changes as may be required to eliminate the offending condition. Failure to implement the changes as directed by the code official shall be a violation of this section, and of any permit or approval granted under this section.

Monument signs. Where permitted, monument signs are subject to the following standards:

Monument sign: one sign not to exceed 32 square feet in area and no more than 10 feet in height for a single tenant building. Six additional square feet will be permitted for each additional tenant except for shared office to the maximum of 72 square feet in area and no more than 12 feet in height.

For sites that require additional signage a second sign may be permitted by the code official to a maximum of 72 square feet.

Vertical monument sign: one sign not to exceed 24 square feet, no more than six feet in width and 12 feet in height for a single tenant building. Four additional square feet will be permitted for each additional tenant to a maximum of 56 square feet in area and no more than 15 feet in height.

Where site conditions do not allow for a standard monument sign as determined by the code official, a vertical monument sign may be erected with a reduced setback, subject to the provisions set forth in § 240-43D(6).

To determine the maximum sign area, multitenant monument signs will be evaluated using the following criteria: architectural design elements, square footage of building, number of potential tenants, number of current tenants, height of building and lot size.

Design criteria: Architectural design features shall be incorporated on all monument signs, to include but not limited to: columns, pilasters, pediments, finials and corbeling. A pedestal or base is required and shall not be less than 30 inches above grade plane and no more than 36 inches above grade plane. Columns and pilasters shall not be less than 16 inches wide or square. The sign must incorporate 911 address. The sign box should not project beyond columns or pilasters.

A sign header used to identify the entire site by name may be utilized, provided that the sign area allocated for such a purpose does not exceed 10 square feet in area, which will not be used to calculate the maximum sign area permitted. When need is demonstrated to the code official, additional square footage may be approved.

Nonconforming signs. Nonconforming signs and sign structure may remain except as qualified below:

Other than sign maintenance, no nonconforming sign shall be reconstructed, remodeled, modified, relocated, altered or changed in size, height, setback or content to show a new trade name, different words, letters or numbers, new design, different colors or different logo, unless such action will make the sign conforming in all respects. Where applicable, a sign that is to be changed so that it will be conforming in all respects requires a sign permit.

Nothing in this chapter shall be deemed to prevent keeping in good repair a nonconforming sign, including sign maintenance, repainting and replacement of broken or deteriorated parts of the sign itself. Supporting structures for nonconforming signs shall not be replaced, unless such replacement will make the sign and sign structure conforming in all respects.

A nonconforming sign or sign structure which is destroyed or significantly damaged may not be replaced except with a conforming sign. Where applicable, a sign permit is required for any replacement sign.

Removal of billboards. Unless compensation therefor is provided pursuant to § 88 of the Highway Law, any billboard that is leased or rented for profit and located in an area zoned other than industrial or manufacturing shall be deemed a nonconforming sign. Pursuant to New York General Municipal Law § 74-C, Subdivision 2, such billboards shall be removed in accordance with the schedule below upon written notice sent by the Building Inspector or any duly appointed deputy administrator to the owner(s) of the property at the last known address of record by certified mail, return receipt requested, and billboard owner at the billboard owner's last known address of record by certified mail, return receipt requested. The years allowed shall run from the date of notice from the Building Inspector or any duly appointed deputy administrator.

Fair Market Value of Sign on Date of Notice of Removal Requirement	Years Allowed
$1,999 and under	3
$2,000 to $3,999	4
$4,000 to $5,999	6
$6,000 to $7,999	7
$8,000 to $9,999	9
$10,000 and over	10

Failure to terminate and remove a billboard upon written notice from the Building Inspector or any duly appointed deputy administrator shall be considered a violation of this chapter.

For the purpose of this Subsection P(4), the "value of sign" shall be deemed to mean the total cost of the physical replacement of the sign, which cost shall be determined by the Building Inspector or any duly appointed deputy administrator.

§ 240-44 (Reserved)

§ 240-45 Site alterations.

Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which it shall be taken except in connection with the construction or alteration of a building on such premises pursuant to an approved site plan or subdivision plat and excavation or grading incidental thereto and in connection with a permitted mining operation.

Erosion and sediment control plans.

[Amended 10-24-2007 by L.L. No. 4-2007]

Erosion and sediment control plans, consistent with Town Code Chapter 197 must be approved prior to issuance of a building permit and must be implemented by the contractor(s) prior to commencement of construction activities, and inspected and maintained at all times during construction, subject to inspection by the Town Stormwater Management Officer, Building Inspector, Town Engineer and/or other consultant during construction for compliance with the approved plan. These measures must be in accordance with the practices and standards set forth in the New York State Standards and Specifications for Erosion and Sediment Control, latest revised edition. They must be reviewed and approved by the Town Stormwater Management Officer, Planning and Zoning Administrator, Building Inspector, Town Engineer, and/or other consultant.

The following practices are just some of the practices that must be considered in all developments that involve the exposure of bare earth that is susceptible to erosion:

Temporary seeding. All unvegetated areas in excess of five-percent slope shall have temporary seed mix of fast-germinating rye, applied at a rate of 10 pounds to 15 pounds per 1,000 square feet; however, any exposed soils in areas that no further disturbance or construction activities will occur for 21 days shall be stabilized by a temporary seed mix within 10 days.

Drainage diversion from upper elevations. Temporary drainage swales (one-percent-grade minimum) must be used to direct runoff away from construction sites. Discharge areas and energy dispersion requirements shall be in accordance with an approved plan.

Graded areas at lower elevations. Drainage swales (one-percent minimum grades), combined with properly installed, staked and secured appropriate silt fence in accordance with the New York State Standards and Specifications for Erosion and Sediment Control, latest revised edition, must be used to prevent downstream and down-gradient siltation. Locations and types of discharge areas and energy dispersion requirements shall be in accordance with an approved plan.

Seeding. Permanent seeded areas for erosion control are required for all unvegetated earth surfaces. Seed mix shall be determined by Table 3.2 in the New York State Standards and Specifications for Erosion and Sediment Control, latest revised edition. Fertilize with one-pound nitrogen per 1,000 square feet, using a complete fertilizer with a 2:1:2 or 4:1:3 ratio Apply mulch after soil amendments and planting is accomplished with straw (cereal grain) mulch at a rate of two tons per acre. For grades in excess of 15%, mulch anchoring shall be determined by Table 3.8 in the New York State Standards and Specifications for Erosion and Sediment Control, latest revised edition, unless another treatment is recommended by the Town Stormwater Management Officer, Building Inspector, Town Engineer, and/or other consultant, such as biodegradable or structural erosion control matting.

(e)

All permanent drainage interceptor swales must be seeded in accordance with maximum permissible velocities for selected seed mixtures determined by Table 3.6 in the New York State Standards and Specifications for Erosion and Sediment Control, latest revised edition.

(f)

Based upon a site inspection and a determination by the Town Stormwater Management Officer, Building Inspector, Town Engineer, and/or other consultant, additional erosion and sediment control measures may be required to be implemented by the contractor(s) during construction.

Filling and alteration of land contours. The placement of 100 cubic yards or more of fill or alteration of contour by two feet or more, not connected with an approved site plan, shall require issuance by the Planning Board of a special permit. The applicant shall state the purposes of the site alterations and shall demonstrate, through the submission of a grading plan, if deemed necessary by the Planning Board, that the proposed filling and recontouring will not result in erosion, sedimentation, or groundwater contamination and will not have an adverse impact on drainage, stormwater retention, ecology and aesthetics. For the purposes of this section, all filling or recontouring shall be cumulative, relating back to the first alterations made to the site by the current owner.

[Amended 5-23-2018 by L.L. No. 6-2018]

§ 240-46 Storage of flammable liquids.

The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks up to and including 10,000 gallons' capacity are placed not less than 50 feet from all property lines and when all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons shall be properly diked with earthen dikes having a capacity of not less than 1 1/2 times the capacity of the tank or tanks surrounded.

§ 240-47 Accessory structures.

Accessory structures which are not attached to a principal structure may be erected in accordance with the following requirements:

[Amended 9-10-2014 by L.L. No. 4-2014]

An accessory building may occupy not more than 10% of a required rear yard.

No accessory structure shall be located closer to the street than the principal structure.

[Amended 12-14-2016 by L.L. No. 15-2016]

An accessory structure that is accessory to a residential use shall respect the scale and design of the primary residential structure.

For corner lots, the setback from the side street shall be the same for accessory buildings as for principal buildings.

A single accessory structure storage shed, as defined within § 240-112 of this chapter, may be permitted to be constructed without a building permit when the footprint of the storage shed is no greater than 120 square feet, provided that the height, width and length are not more than 12 feet and provided that the structure is compatible in appearance and design with the principal residential structure. The storage shed may occupy land located within the prevailing rear yard and side yard setback area but may not be situated any closer than within five feet of the lot's rear and side yard property lines. Only one storage shed meeting these criteria shall be permitted to use this exception. All other accessory building/storage sheds shall comply with the Schedule of Bulk Regulations and Coverage Limitations pursuant to § 240-28 of this chapter.

An accessory building (cabana/poolhouse) as defined within § 240-112 of this chapter may be permitted, provided that the size of a cabana/poolhouse does not exceed 320 square feet. The cabana/poolhouse is limited to one story in height. The entry and access to the cabana/poolhouse is restricted to the pool area only with the exception of pool equipment access. The cabana/poolhouse does not have independent electric and/or gas metering. The cabana/poolhouse shall not be permitted as an accessory apartment. The cabana/poolhouse shall be for the exclusive use of the residents of the single family and guests. A permit for a cabana/poolhouse shall not be granted without the presence of an existing inground pool and/or the substantial completion of an inground pool.

When an accessory structure is attached to the principal building, it shall comply in all respects with the yard requirements of this chapter applicable to the principal building.

§ 240-48 Flood damage control.

All activities regulated by this chapter must comply with the provisions of Chapter 120, Flood Damage Prevention, of the Code of the Town of LaGrange, as amended.

§ 240-49 Wireless communications towers and facilities.

[Amended 2-20-2008 by L.L. No. 1-2008; 9-10-2014 by L.L. No. 4-2014; 12-14-2016 by L.L. No. 10-2016; 4-12-2017 by L.L. No. 2-2017; 5-23-2018 by L.L. No. 6-2018]

Purpose. It is the purpose of this section to protect the aesthetics of the Town of LaGrange, and the health and safety of the Town's residents, by regulating the siting and design of communications facilities located in the Town. Specifically, this section shall:

Establish clear standards for the location of communications facilities and accessory structures;

Minimize the total number of communications towers located within the Town of LaGrange;

Attempt to protect residential areas and sensitive land uses from the potential adverse impacts of communications towers;

Establish clear standards to minimize the negative aesthetic impacts of communications towers;

Establish a permitting system that ensures periodic reevaluation of the sites and communications towers;

Ensure timely removal of an abandoned or unused communications tower and accessory structures;

Encourage a streamlined approval process for proposed communications towers and accessory structures which comply with the regulations of this section.

Intent. These regulations are intended to be consistent with the Telecommunications Act of 1996 in that:

They do not prohibit, or have the effect of prohibiting, the provision of wireless communications services.

They are not intended to be used to unreasonably discriminate among providers of functionally equivalent services.

They do not regulate wireless communications services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

Compliance with the State Environmental Quality Review Act. The Planning Board shall comply with all provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. An application for a communication facility that conforms to the regulations of this section and the Town of LaGrange Town Law shall be an unlisted action. Should any variance from these regulations be requested, the proposed facility shall be considered a Type I action.

Special permit review. Except as otherwise set forth in this subsection, communications facilities are allowed in all zoning districts and overlay zoning districts subject to the granting of a special use permit. All applicants for new communications facilities shall conform to the application procedures and requirements required by the special use permit review process detailed in this section, as well as those found within §§ 240-71 and 240-72 of this chapter. However, with respect to the RLD, RMD, RFD, H and TCR Zoning Districts, and any overlay districts found therein, no portion of such residential zoning districts, or of any overlay district found therein, that meets the following criteria shall constitute a permissible site for establishment of a new tower to be used as a part of a communications facility:

Land comprising any portion of a lot of less than 10 acres in size, whether or not improved by a dwelling, which was created by means of a land subdivision approved by the Town of LaGrange Planning Board, where the purpose of such land subdivision was to establish lots for the construction of single-family or multifamily residences;

Land having a means of proposed access from a public or private road which was laid out and established as part of a land subdivision approved by the Town of LaGrange Planning Board, where the purpose of such land subdivision was to establish lots for the construction of single-family or multifamily residences, or lands having a proposed means of access by private easement over a lot created by such a land subdivision; or

A parcel of less than 10 acres which is already devoted to principal use as a residential dwelling.

Decision. Any decision of the Planning Board to grant or deny an application shall be in writing and supported by substantial evidence on the record.

Siting. Communications facilities shall be sited, to the maximum extent feasible, on existing tall structures such as utility poles, silos, buildings, church steeples, water tanks, and the like. Applicants must demonstrate exhaustion of all reasonable efforts to site facilities on existing structures before approval shall be granted to construct a new communications tower.

Bulk requirements. In preparing its decision concerning any application, the Planning Board shall consider the standards detailed in Article VII, § 240-72E, Planning Board standards for site plan approval, as well as the following:

Lot siting. All structures, access roads, buffers, setbacks, fences, and all other facility appurtenances shall be located on one lot and shall not straddle a boundary line.

Height.

For noncommercial wireless facilities (i.e., those not subject to the federal Telecommunications Act of 1996), the total height of proposed structures and accessory elements shall not be more than the maximum allowed in the zoning district in which the facility is to be located and shall be measured from the natural ground level to the top of the structure or the top of the uppermost fixture, antenna, or appurtenance affixed to the structure, whichever is higher.

For commercial wireless facilities (i.e., those subject to the federal Telecommunications Act of 1996):

[1]

Telecommunications towers shall be no higher than the minimum height necessary, including any potential co-locators to the extent reasonably anticipated.

[2]

The maximum height of any telecommunications tower and antennas constructed after the effective date of this chapter shall not exceed a height which shall permit operations without artificial lighting of any kind.

Lighting. The lighting of the area surrounding a communications facility shall be in keeping with the needs and safety of the surrounding neighborhood. No light shall be permitted to spill from the site onto surrounding properties, and every attempt shall be made to prevent light from spilling into and beyond the buffer strip.

Noise. When a facility has power equipment on site, including both temporary equipment, including but not limited to tools and generators, or permanent equipment, including but not limited to HVAC and emergency generators, steps shall be taken to minimize, to the maximum extent feasible, the amount of noise heard off site.

Location and setbacks.

The proposed yard setbacks from the property line must be no less than 1.5 times the height of the tallest proposed structure or the setback requirements in the existing zoning regulations, whichever is greater.

The maximum area permitted to be cleared shall be no more than 50 feet in extent from the outer edge of the primary structure's footprint.

During construction and installation of facilities and structures, only the minimum amount of existing vegetation shall be cleared.

Buffer strip. A buffer strip is required to minimize, to the maximum extent possible, any visual impacts of the proposed freestanding facilities.

The buffer shall be a minimum of 25 feet wide and shall begin at the outer edge of the cleared area. The buffer strip shall contain, or be planted with, vegetation of sufficient height and density as determined by the Planning Board.

The buffer strip shall be free of any man-made structures, including but not limited to fences, facilities, and roads.

Signage. Only signs that are for security purposes are permitted on communications facility structures. All other signs are prohibited on all communications facilities.

Security. If the Planning Board determines that a security fence is necessary, said fence shall surround all structures and guy wires and shall be at least six feet high and opaque in nature.

Maintenance. A safety and structural inspection of the facility shall be prepared by a licensed professional engineer every four years. The report shall be submitted to the Zoning Administrator. All costs associated with the inspections shall be paid by the facility owner.

Collocation.

All wireless communications facility structures should be of a type and design that will maximize collocations.

Collocation is required of a communications facility unless the applicant has provided clear and convincing evidence that:

[1]

There are no other usable existing structures in service area.

[2]

Collocation does not achieve the minimum reasonable technical needs of the proposed facility.

[3]

Structural or other engineering limitations, absent reasonable refurbishment, are clearly demonstrated to be prohibitive to the proposed facility.

[4]

After demonstrated thorough and good faith efforts, the applicant is unable to secure permission from another facility or structure owner to collocate.

Clustering. The clustering of towers and structures on the same site should be considered if collocation cannot be facilitated.

Alternative technologies. The use of repeaters and other alternative technologies is strongly encouraged in order to reduce or minimize the number and height of towers in the Town.

Visual appearance.

All equipment shelters and accessory structures shall be architecturally uniform and no taller than 12 feet.

All equipment shelters shall be used only for the housing of equipment related to the particular facility on the particular site.

Materials and colors for proposed communications facility structures shall be of an appearance that is compatible with any surrounding structures and/or vegetation to the maximum extent practicable and as approved by the Planning Board.

Facility design shall incorporate, to the maximum extent feasible, alternative designs that minimize a discordant intrusion on the aesthetic landscape. Alternative designs shall be considered and shall include the camouflaging of the facility in order to make it blend in with surrounding structures and facilities.

Application requirements. In addition to the requirements and fees outlined in Article VII, § 240-71G, Required plan, and § 240-72C, Application procedures, an applicant proposing to construct a communication facility in the Town shall also complete or submit the following:

Applicants shall meet with the Zoning Administrator prior to submitting a formal application for a proposed communication facility. The purpose of the preapplication meeting is for the applicant to disclose to the Zoning Administrator:

The specific location and nature of the proposed facility; and

The applicant's proposal and date for a visual analysis.

The applicant shall complete fully the Town of LaGrange "Application for Communication Tower Siting Approval."

A SEQR full environmental assessment form (Parts I, II, and III).

A five-year buildout plan for the proposed site and other sites within the Town and within adjacent towns, clearly demonstrating the applicant's plans for other structures, proposed application and building dates, and justification for additional structures. Additionally, the five-year buildout plan must take into consideration known and potential changes in technology which may have an effect on the number, design, and type of facilities needed in the near future. In keeping with the buildout plan, the applicant shall also notify the Planning Boards of all adjacent communities and the Coordinator of the Dutchess County Office of Emergency Response concerning the location and height of the proposed action.

The applicant for a new communications facility must demonstrate a proposed structure's ability to handle additional collocators and must identify the maximum number of collocators, or alternative collocation strategies, that could be supported on the structure.

The applicant shall provide to the Town a copy of the applicant's liability insurance, which shall name the Town as an additional insured party.

A copy of the applicant's FCC licenses for service in the proposed area.

The applicant must identify the number, size, type, materials, manufacturer and model number, and location of antennas or other types of transmitting devices, including but not limited to microwave dishes or microwave panels to be placed on the structure.

The applicant must provide clear and convincing evidence that the proposed height and bulk of the facility is the minimum necessary to provide licensed communications services to locations in the Town which the applicant is unable to serve with existing facilities and with a facility of a lower height. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage; and/or if there is a capacity need, such documentation shall include an analysis of current and projected usage. Drive test or call test data shall be required as determined to be appropriate by the Building Department, the Town's wireless consultant, or the Planning Board.

The applicant must provide clear and convincing evidence that the visual, aesthetic, and community character intrusion impacts have been minimized to the maximum extent practicable.

The applicant must submit landscaping and reclamation plans in the event of future structure removal. This plan shall include provisions for site remediation, landscaping, removal of structures, utility lines, and accessory structures and shall cover the building site and buffer area controlled by the facility owner.

The applicant must demonstrate by clear and convincing evidence the exhaustive consideration of alternative sites, alternative technologies, and alternative design considerations, which include but are not limited to alternative structure types and heights, materials, colors, multiple smaller structures versus one larger structure, or other design parameters as may be requested by the Planning Board. The applicant must also document and inventory all tall structures within four miles of the proposed location and provide a qualification as to each structure's ability to meet the service requirements of the applicant.

All electrical power supply service to all structures and facilities shall be installed underground, and plans for the installation shall be approved by a licensed professional engineer.

A visual analysis, conducted after sufficient public notice and open to the public, the methodology of which is to be approved by the Planning Board prior to the commencement of this analysis.

The owner of the tower and/or facility, if different from the applicant, is a necessary party to any application submitted pursuant to this section. As part of the application, the owner of the tower and/or facility must disclose, in writing, the existence of all negotiations, ventures, discussions, contracts, proposals or other active communications said owner has, or has had, within the preceding one year with any person, corporation, partnership or other entity regarding additional co-location of facilities at the subject site. For purposes of this subsection, which is intended to identify foreseeable cumulative visual and related environmental impacts and to avoid piecemeal and staggered environmental review, "active communications" shall be defined as one or more written proposals by either party regarding terms for the co-location of facilities or those which identify the physical nature, height of placement, configuration, shape and size of the facilities to be co-located at the site. The identity of the co-locator(s) and the monetary terms and conditions of the active communications with the owner need not be disclosed, and may be redacted, as it is the purpose and intent of this provision to obtain disclosure of the physical nature and aspects of the potential facilities, including but not limited to visual effects, to be co-located at a site in order to allow for consideration of physical and environmental impacts in a cumulative fashion.

(16)

Additional information as requested by the Planning Board and/or the Town Zoning Administrator.

Expiration of special permit. A recipient of a special permit has one calendar year from date of approval of the special permit to commence construction; if construction is not begun within this year, the special permit shall expire.

Alterations. All modifications to a structure shall require that the applicant submit a new special use permit application to the Planning Board. Exceptions that conform to Subsection J(1) and (2) below do not require a new special use permit:

Increasing the originally approved size of any structure's building footprint a maximum of 250 square feet; and

Increasing the originally approved height of the structure by a maximum of 10 feet.

Structure removal.

If a special permit has expired, the communication facility owner or user has lost its FCC license, or a continued need for the facility has not been demonstrated to the satisfaction of the Town, the structure and accessory structures must be dismantled and removed.

Within 90 days from the date of the Zoning Administrator's decision to require facility removal, the owner shall completely remove the structure and all accessory structures from the site.

Site remediation shall be completed in conformance with the reclamation plan and to the satisfaction of the Planning Board within 180 days of structure removal.

Upon each application for a special permit the Town Engineer shall determine the cost of removal of a wireless communications facility for which a special permit or renewal has been requested. The owner of the facility or any other person with an interest in the facility deemed suitable by the Town shall, prior to issuance of a special permit, or any renewal thereof, provide the Town with security to cover the cost of removal of the facility, in one of the following forms:

A letter of credit in the amount of the cost of removal for the term of the special permit, plus 90 days, or such lesser initial terms as the Town shall approve, subject to draw down by the Town to defray the cost to the Town of removal when the facility has not been removed in conformity with the provisions of this section; or

The cash deposit of the cost of removal into an escrow account in the name of the Town subject to withdrawal of the deposited funds by the Town to defray the cost of removal of the facility when the facility has not been removed in conformity with the provisions of this section.

Prior to the issuance of a special permit under § 240-49, the owner of the facility and/or, if different, the owner of the underlying real property shall deliver to the Town a recordable license of suitable duration with the Town of LaGrange as grantee, authorizing access to the site and structure by the Town or its designee to remove the facility.

§ 240-49.1 Small cell wireless communications facilities.

[Added 5-8-2019 by L.L. No. 3-2019; amended 6-26-2019 by L.L. No. 5-2019]

Purpose. The purpose of this section is to establish uniform policies and procedures for the deployment and installation of small cell wireless telecommunication facilities (each a small cell facility) in the Town of LaGrange, which will provide a public health, safety, and welfare benefit consistent with the preservation of the integrity, safe usage, and visual qualities in the Town. Any installation of a small cell facility shall require either a special permit or site plan permit from the Planning Board.

The installation of small cell communications facilities shall comply with Section § 240-49 above with the following exceptions:

The following applications shall require only a building permit application:

Installation or collocation of small cell facility or DAS facility on an existing tower, utility pole, or streetlight.

Installation or collocation of small cell facility or DAS facility on an existing building.

The following applications shall require only a site plan application, and no special use permit:

Installation or collocation of small cell facility or DAS facility on existing tower, utility pole, or streetlight, increasing tower height to a new height of less than 50 feet high.

Installation of a new pole for location of small cell facility or DAS facility with a height of less than 50 feet.

Any installation described in § 240-49.1B(1)(a) above which also requires changes or additions to accessory equipment or the base station and, in the judgement of the Zoning Administrator, requires an amended site plan.

Any installation described in § 240-49.1B(1)(a) above which, in the judgement of the Zoning Administrator, requires an amended site plan or is located within the Historic Overlay Zone or other environmentally sensitive area.

Application requirements. For applications requiring site plan approval, in addition to the requirements and fees outlined in Article VII, § 240-72C, Application procedures, an applicant proposing to construct a small cell communication facility in the Town shall also do, complete, submit and/or comply with the following:

The applicant may meet with the Zoning Administrator prior to submitting a formal application for a proposed communication facility. The purpose of a preapplication meeting is for the applicant to disclose to the Zoning Administrator:

The specific location and nature of the proposed facility; and

The applicant shall complete fully the Town of LaGrange "Application for Small Cell Communication Facility Approval."

A SEQR environmental assessment form.

The applicant shall provide to the Town a copy of the applicant's liability insurance, which shall name the Town as an additional insured party.

A copy of the applicant's FCC licenses for service in the proposed area.

All electrical power supply service to all structures and facilities shall be installed underground, and plans for the installation shall be approved by a licensed professional engineer.