Town of Kent, NY Article XII Supplementary Use Regulations

§ 77-40 Prohibited uses in all districts.

Any other provisions of this chapter notwithstanding, and except as provided hereinafter, the following uses shall be prohibited in all districts.

A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes, in any form, in a manner or amount so as to cause permanent damage to the soil or any stream or to adversely affect the surrounding area; or by reason of the creation of noise, vibration, electromagnetic or other disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard, or which can cause injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or the general welfare.

B. Lighting facilities of any kind with light sources visible beyond the lot lines.

C. Junkyards, auto wrecking yards or dumps, except a dump established as an official Town dump by the Town Board.

D. Mobile home parks.

E. Manufacture or storage of ammunition, explosives or fireworks.

F. Satellite dish antenna greater than one meter in maximum diameter in a residential district or greater than two meters in maximum diameter in a nonresidential district.

§ 77-40.1 Prohibited uses in certain districts.

[Added 12-19-2017 by L.L. No. 4-2017]

A. Purpose. In order to safeguard the health, safety and welfare of the residents of the Town of Kent, it is necessary to prohibit certain uses which, by the very nature in which they are conducted, have the potential to significantly impact the environment, pose a risk to human health and safety or disturb or interfere with reasonable community expectations regarding odors, noise, light, traffic and water quality.

B. Prohibition. In any use district, except for the Industrial/Office/Commercial District (IOC District), the production of concrete, the operation of a concrete products plant, or the manufacture in any form of concrete is hereby expressly prohibited.

C. Amortization. Any individual or business that is lawfully engaged in the production of concrete, the operation of a concrete products plant or the manufacture in any form of concrete, in any use district except for IOC District in the Town of Kent, upon the effective date of this section, shall become engaged in a legal nonconforming use, and that use shall terminate by amortization no later than two years immediately following the effective date of this section.

D. Extension. The Zoning Board of Appeals may extend the two-year amortization period for a limited period of time if the individual or business that is engaged in a legal nonconforming use, pursuant to Subsection C, applies to the Zoning Board of Appeals for an extension of time. The application for an extension of time must be made at least 180 days before the date on which the use must terminate. The applicant must demonstrate that it has made a substantial financial expenditure in the real property at issue prior to the enactment of this section; that the financial expenditure has not been substantially recovered by the end of the two-year amortization period; and the financial expenditure is not otherwise recoverable without engaging in the legal nonconforming use described herein. Nothing herein shall allow for an extension past the minimum period of time to allow for such recovery. Any decision on an extension application by the Zoning Board of Appeals may be appealed to the Town Board of the Town of Kent by the applicant or any other interested party within 30 days of the date of the entry of the extension decision in the office of the Town Clerk.

§ 77-41 Home occupations.

Home occupations, where permitted, shall be accessory to the principal use of a residential structure, and shall be subject to the following regulations:

A. A home occupation shall be incidental and secondary to the use of the lot for residential purposes. It shall be conducted in a manner which gives no outward appearance that a business is being conducted within the principal dwelling or within the accessory structure, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the district within which the use is located;

B. There shall be no alteration or physical change to the exterior of the principal dwelling or the accessory structure to accommodate the home occupation;

C. The home occupation shall be conducted within the principal dwelling or within an accessory structure located on the same lot with the principal dwelling solely by persons utilizing the principal dwelling as their domicile;

D. There shall be no sign or other advertisement as to the existence of the home occupation use;

E. There shall be no more than one home occupation use conducted on the premises;

F. There shall be no exterior storage of materials, equipment, vehicles or other supplies used in conjunction with the home occupation; and

G. Prohibited home occupations include animal hospitals, kennels, barbershops, beauty parlors, clinics, hospitals, dancing schools, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming or boarding houses and uses similar to those listed above.

§ 77-42 Swimming pools.

Except as provided hereinafter, no below-grade swimming pool and no aboveground swimming pool having a capacity of over 5,000 gallons shall be located, constructed or maintained on any lot in a residential use except in conformity with the requirements of Chapter 27 of the Code of the Town of Kent, the New York State Uniform Fire Prevention and Building Code, and State Energy Conservation Construction Code. Except as provided hereinafter, no below-grade swimming pool and no aboveground swimming pool having a capacity of over 5,000 gallons shall be located, constructed or maintained on any lot in a residential use except in conformity with the following requirements:

A. Such pool shall not be located nearer to the street line than the principal building nor nearer than 15 feet to any property line.

B. Every gate or other opening in the fence enclosing such pool shall be self-enclosed and self-locking and shall be securely locked at all times when said pool is not in use.

C. No loudspeaker or amplifying device shall be permitted which can be heard beyond the lot lines of the lot on which said pool is located.

D. No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.

E. Adjacent to every side and rear lot line nearest to the pool, there shall be a protective planting strip not less than six feet wide, consisting of suitable plant material capable of attaining a height of not less than six feet. Such screen shall be maintained at such height for the life of the pool. This requirement may be waived upon application by the Planning Board wherever such Board finds that natural conditions render such screen unnecessary.

F. An aboveground swimming pool having a capacity of 5,000 gallons or less shall not require a permit.

§ 77-43 Accessory recreational uses.

A. When accessory to a single-family residence, said recreation use shall be located no closer to any property line than is permitted for accessory structures in said district.

B. No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines on the lot on which said use is located.

C. A fence or suitable planting strip shall be provided to screen the facility from the view of adjacent properties.

D. No loudspeaker or amplifying device shall be permitted which can be heard beyond the lot lines of the lot on which the facility is located.

§ 77-44 Recreational vehicles, trailers and boats.

The storage or parking of recreational vehicles, including, without limitation, motor homes, travel trailers, tent campers, camping trailers or similar such devices, whether self-propelled or not, or trailers and boats is hereby prohibited on vacant lots in all residential districts and regulated on occupied lots in accordance with the following requirements:

A. One recreational vehicle may be stored, but not used for any purpose on an occupied lot in any residential district, provided that such recreational vehicle is not stored within any required yard nor between the street line and the principal building except within an approved driveway.

B. Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for one or more construction trailers for a period not to exceed one year. The number of trailers shall be limited to that which the Building Inspector shall deem to be necessary in each case. Said temporary permit may be extended for additional successive periods of six months each if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued.

C. Not more than one boat with a length in excess of 22 feet per dwelling unit may be stored on any lot in any residence district, provided that such boat shall not be stored within any side yard nor nearer to any street line than the nearest point of construction of the principal building except within an approved driveway.

§ 77-44.1 Communication facilities.

A. Purpose and intent. The purpose and intent of these supplementary use requirements and standards is as follows:

(1) To regulate the development of communication facilities in the Town of Kent consistent with the general purposes as stated in this chapter and to provide a procedural basis for action within a reasonable period of time on requests for authorization to place, construct, operate, or modify communication facilities within the Town of Kent.

(2) To establish clear standards and requirements for the siting of communication facilities, buildings and structures, equipment, antenna, or communication towers, including monopoles.

(3) To promote the health, safety, and general welfare of the residents of the Town of Kent, through the establishment of minimum standards to reduce the adverse visual effect of communication facilities, including but not limited to transmission towers and antennas, through the use of advanced technology, careful design and siting, stealth technologies, and effective all-season screening and buffering.

(4) To protect residential areas and land uses, and property values from potential adverse impacts of communication towers and antennas.

(5) To encourage the location of communication facilities and communication towers in areas suitably screened, buffered, and adequately separated from residential uses.

(6) To prevent unnecessary, excessive, or redundant communication facilities or communication towers erected in the community.

(7) To encourage the joint use of new and existing communication towers and sites as a primary option rather than construction of additional single-use communication towers.

(8) To require users of communication towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is shown to be minimal.

(9) To require users of communication towers and antennas to configure them in a way that minimizes adverse visual, aesthetic, and community character intrusion impacts caused by the installation and view of communication towers and antennas, through careful design, siting, landscape screening and buffering, sufficient setbacks to reduce visual impacts to adjacent properties, and innovative camouflaging techniques such as alternative tower structures and stealth technologies, thereby protecting the physical appearance of the community and preserving its scenic and natural beauty.

(10) To enhance the ability of the providers of communication services to provide such services to the community quickly, effectively, and efficiently by facilitating the siting of communication facilities.

(11) To assure the integrity and financial soundness of any communication facility firm seeking to build a communication facility in the Town of Kent.

(12) To consider the public health and safety of communication facilities and towers.

(13) To avoid potential damage to adjacent properties from communication tower failure through careful engineering and appropriate siting of communication towers.

B. Regulatory compliance.

(1) No communication facility shall be located, constructed or maintained on any lot, structure or land area, except in conformity with this chapter.

(2) All communication facilities, equipment and devices shall be securely mounted to withstand the wind loads for the place of installation in accordance with the New York State Uniform Fire Prevention and Building Code.

(3) All communication facilities shall be constructed and maintained in conformance with all building; electrical, fire-prevention and other applicable codes adopted by the Town of Kent.

(4) All communication facilities shall be in conformance with the rules and regulations of any governmental entity having jurisdiction over such communication facilities and uses, antenna and/or supporting structures and towers, including, without limitation, the FCC and FAA.

(5) 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 provisions of telecommunications; are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; and do not regulate telecommunications 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.

(6) All communication facilities shall be shown to be necessary to provide coverage to an area within the Town of Kent which currently is proven to include inadequate coverage and that any related communication tower or antenna is proposed at the minimum height and aesthetic intrusion possible to provide that necessary coverage. The applicant seeking to locate a communication facility in the Town of Kent shall demonstrate the need for new or additional antennas or communication towers.

(7) All communication facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate communication towers and antennas. If such standards and regulations are revised or amended, then the owners of the communication facility governed by this chapter shall bring such communication facility into compliance with such revised or amended standards and regulations within the time period required by such revision or amendment. Failure to bring the communication facility into compliance with such revised or amended standards and regulations in the time period specified shall constitute grounds for the removal of the communication tower or antenna at the owner's expense.

C. Special use findings. The Planning Board shall issue the following findings before granting a permit for a special use permit pertaining to any communication facility:

(1) That the applicant is not already providing adequate coverage to the Town of Kent.

(2) That the applicant is not able to use existing communication facilities or alternative technology, either with or without the use of repeaters if appropriate for the technology in question to provide adequate coverage to the Town of Kent.

(3) That the owner/applicant has agreed to rent or lease available space for co-location purposes where technically and economically feasible, without discrimination to other communication service providers.

(4) That the proposed communication facility will not have an undue adverse impact on the community, environment, historic resources, scenic resources and views, property values, and natural or man-made resources.

(5) That the proposal shall comply with applicable FCC regulations regarding emissions of electromagnetic radiation.

D. Special use supplementary application requirements. The following shall be submitted in addition to all other application requirements set forth in § 77-59 and § 77-60 of this chapter:

(1) A full environmental assessment form (EAF), including a visual EAF addendum, shall be provided. Following review of the EAF and visual EAF addendum, a visual impact analysis may be required by the Planning Board to further assess the potential visual and aesthetic impacts incurred by implementation of the proposed action. The methodology and scope of study for any visual analysis shall be approved by the Planning Board; shall address potential impacts on nearby viewsheds, ridgelines, scenic features, historic sites and structures, and community compatibility issues with nearby land uses; and may be required to include the following:

(a) Photographic simulation or photographic montage, with and without foliage.

(b) A documented demonstration utilizing a crane to simulate the planned communication tower height (balloons may be utilized if placement of crane is shown to be prohibitive due to existing site constraints). The crane demonstration (or balloons) shall simulate the actual planned height; be demonstrated for a minimum viewing period of eight hours; and include sufficient written notification a minimum of 14 days prior to said demonstration to neighboring property owners located within 500 feet of the site by certified mail. In addition, a sign measuring three feet by four feet shall be posted at a visibly prominent road frontage location on the subject site to notify the general public of the planned demonstration. Said sign shall be installed and maintained on the subject property a minimum of 14 days prior to said demonstration and shall be removed immediately following the day of the demonstration. Wording on the sign shall be reviewed and approved by the Planning Board.

(c) The consideration of alternative designs and stealth technologies which camouflage support structures and antennas may be requested as part of the visual assessment, such as but not limited to simulated farm silos, monopole with internal antennas, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) as opposed to bulky equipment configurations, connection to a fiber optic network if available, or other designs that may provide for the mitigation of visual impacts.

(2) A service coverage map and report shall be provided. The service coverage map shall show and describe all existing and proposed areas of service coverage relating to the proposed communication facility. The service coverage map shall locate all existing sites in the Town and in bordering communities which contain communication towers or related facilities. A detailed report shall accompany the service coverage map and shall indicate why the proposed communication tower, equipment and facility is necessary. The report shall identify locations within the proposed project site service coverage area which are not, and could not be, served by either existing facilities, by co-location, or by other development alternatives, including utilization of alternative technology, an alternative tower structure, or stealth techniques. All technical information shall be summarized in layman terms.

(3) A long-range communications facilities plan shall be provided, evidencing that the proposed location of the communication facility and supporting buildings and equipment have been planned to result in the fewest number of communication tower locations within the Town of Kent. The plan shall indicate how the applicant intends to provide service throughout the Town, and how the applicant plans to coordinate with all other providers of communication services in the Town of Kent. The plan shall address the applicant's planned and possible location of additional communication tower sites, additional antennas, related service area coverage, and alternative long-range plan scenarios that illustrate the potential effects of multiple communication towers and communication tower height, community intrusion impacts, and visual and aesthetic impacts.

(4) Documentation, sufficient to demonstrate that the proposed communication tower height and bulk is the minimum height and bulk necessary to provide licensed communication services to locations within the Town of Kent which the applicant is not able to serve with existing facilities in the project site area, shall be provided, including evidence that visual, aesthetic and community character intrusion impacts are minimal and have been further minimized through mitigation measures to the greatest extent practicable. Documentation regarding height and bulk should address any variations in height and bulk necessary to accommodate co-location of additional antennas and related equipment and facilities. All technical information shall be summarized in layman terms.

(5) A written description of the existing site setting and how the elements of the proposed communication facility, communication tower and antenna will be blended into that setting shall be provided. The design of buildings and related structures shall use materials, colors, textures, screening and landscaping which blend them into the existing natural setting and character of surrounding buildings and structures. Communication equipment of co-located service providers shall be sheltered in a single structure or structure designed and constructed to appear as a single integrated structure.

(6) A written commitment valid for the duration of the existence of any communication tower, to rent or lease available space for co-location on the communication tower where technically and economically feasible, without discrimination to other personal wireless service providers shall be provided.

(7) A structural engineering safety and compliance report and certification, prepared by a New York State licensed professional engineer specializing in structural engineering, shall be provided. The report shall certify the structural integrity of the proposed communication tower, antenna and related equipment and facilities. The report shall demonstrate the compliance of all structures with all applicable standards and requirements and shall describe the capacity of that structure, including wind load and the number and type of antennas it can accommodate. Illustrations shall be utilized to support the contents of the report. In the case of antennas being mounted on an existing tower or structure, the equivalent of the above-required information shall be provided about the existing tower or structure. All technical information shall be summarized in layman terms.

(8) An emissions safety and compliance report, and certification, prepared by an RF engineer qualified expert specializing in electrical engineering with expertise in radio and telecommunications regulations, technology, and facilities, shall be provided. All technical information shall be summarized in layman terms. The report shall certify the safety of all emissions of the proposed facility and shall include documentation to address the following:

(a) Evidence of FCC license/permit to grantee/applicant, including information regarding all related permitting standards and specifications, including information regarding all related permitting standards and specifications.

(b) The location, size, height, construction, and operating specifications of all proposed and existing communication facilities, including:

[1] The quantity, type (make, model and manufacturer), and design of any antenna proposed and the basis for the calculations of capacity.

[2] The frequency, modulation, and class of service of all communications equipment.

[3] Transmission and maximum effective radiated power of any antenna.

[4] Direction of maximum lobes and associated radiation of any antenna.

[5] A description of the proposed antenna and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.

[6] A map depicting and listing all existing sites in the Town and bordering communities containing transmitting antenna used by the operator, owner or applicant.

(c) Certification of compliance with the following:

[1] All current, applicable FCC regulations and standards, including that NIER levels are within threshold levels adopted by the FCC or any subsequent superseding emission standard adopted by the FCC, based on the maximum equipment output.

[2] National Electrical Safety Code (NESC).

[3] National Electrical Code (NEC).

[4] All current standards of all federal agencies with authority to regulate communication towers and antennas.

[5] All pertinent Town of Kent and New York State Uniform Fire Prevention and Building Codes.

[6] Any proposed antenna will not cause interference with existing communication devices.

[7] An industry approved propagation model using applicable contour biases.

[8] If co-location is not proposed, certification that co-location is not feasible as set forth in § 77-44.1E of this chapter.

E. In addition to all other applicable site plan requirements specified in this chapter, all applications shall include the following:

(1) A scaled site plan, including elevations and construction details, showing existing and proposed communication facilities, buildings and structures, prepared, stamped, and signed by a New York State licensed professional engineer. Survey plans shall also be stamped and signed by a New York State licensed professional land surveyor. Plans shall be shown on sheets sized no larger than 36 inches by 48 inches.

(2) Height, width, depth, location, and configuration of communication towers and any supporting guy wires or other supporting or anchoring devices.

(3) Material types, colors, and lighting.

(4) Number and type of antennas, including receiving and/or transmitting equipment.

(5) Legal description of the subject property and that of any leased or easement portion.

(6) Information about co-located or future communication facilities, equipment, buildings and structures, or other related facilities, including the relationship of the height of the communication tower to the feasibility of co-location of additional communication facilities.

(7) A minimum of two cross-section elevations shall be provided to show any proposed communication tower, drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, including any guy wires and antenna mounting devices.

(8) Details of any proposed communication tower foundation, including cross sections and construction details showing all ground attachments, specifications for anchor bolts, and other anchoring hardware.

(9) Detail of proposed exterior finish of all buildings and structures.

(10) Illustration of the relative height of any proposed communication tower to the tops of surrounding trees as they presently exist, and the height to which they are expected to grow in approximately 10 years' time.

(11) Illustration of the modular structure of any proposed communication tower, indicating the heights of sections which could be removed or added in the future to adapt to changing communication technology conditions or demands.

(12) A description of available space on any communication tower, providing illustrations and examples of the type and number of communication facilities which could be mounted on the structure.

(13) Floor plans, elevations, and cross sections at a scale of 1/4 inch equals one feet, showing all buildings and structures intended for the housing of communications equipment, including illustrative elevation views indicating the exterior appearance and materials of the roof, facades, and doors of any accessory buildings, structures, or equipment.

(14) The location and configuration of all existing and proposed site access driveways, including the construction details indicating the length, width, grading, drainage, and driveway profile and proposed surface material, shall be described and mapped. Any fence or gate related to the site access driveway shall be shown, including provision for police, fire, or emergency vehicle access to the site and communication facilities.

(15) A detailed landscape plan shall be provided showing existing and proposed vegetation, including areas to remain undisturbed; specimen trees of six inches in diameter at breast height (six inches dbh) or larger; the height of the surrounding tree line; vegetation to be removed; walls and fences; the location, quantity, type (scientific and common name, installation size, and root conditions of proposed plantings; and installation details of all proposed plantings. The landscape plan shall illustrate how existing and proposed plantings, fences, and walls will provide required screening and buffering.

F. Co-location. The co-location and sharing of existing or proposed communication facilities, including communication towers for mounting of antennas or related equipment is encouraged and shall be preferred to the construction of new communication facilities and communication towers. When an applicant proposes co-location of proposed antennas and communication facilities on an existing communication tower, building or structure, the applicant must demonstrate and certify that the existing communication tower, building or structure will be properly adapted to the placement of additional antennas. The applicant shall identify the capacity of the communication tower, building or structure to accommodate additional antennas and shall address necessary screening and buffering, landscaping, and additional safety measures necessitated by co-location. Any communication facility which is not co-located shall present and certify evidence as to why co-location is not possible, including evidence such as follows:

(1) That no feasible host sites or existing communication facilities, communication towers, and buildings or structures are located within the geographic area which meet the applicant's engineering system and service requirements.

(2) That existing communication facilities, communication towers, and buildings or structures are not of sufficient height to meet the applicant's engineering system and service requirements.

(3) That existing communication facilities, communication towers, and buildings or structures do not have sufficient structural strength and cannot be retrofitted to support the applicant's proposed communication facility equipment or antenna.

(4) That there is an inability to use existing sites in a technologically feasible manner consistent with the applicant's engineering system and service requirements.

(5) That the applicant's proposed antenna would cause electromagnetic interference with any antenna on existing communication towers, buildings or structures, or the antenna or antennas on the existing communication towers, buildings or structures would cause interference with the applicant's antenna, and that feasible modifications to either existing or proposed facilities would not permit co-location.

(6) That the fees, costs, or contractual provisions required by the owner in order to share an existing communication tower, building or structure, or to adapt existing communication towers, building or structures for purposes of co-location and sharing, are unreasonable. Costs exceeding new tower development are not presumed to be unreasonable.

(7) That the applicant has demonstrated that there are other limiting factors that render existing communication towers, buildings or structures unsuitable.

(8) That the applicant has demonstrated that alternative technology or communication facilities which do not require the use of towers are unsuitable. Costs of such alternative technology or communication facilities which exceed new tower or antenna development shall not be presumed to render the alternative technology or communication facilities unsuitable.

G. Site location. All antennas shall be mounted on the roof of a principal building, water tower, or in the rear yard, unless reception is proven to be inhibited or where visibility would be increased, and shall comply with the following, in descending order:

(1) Unless wall-mounted on an existing roof-mounted mechanical enclosure or similar appurtenance, any antenna mounted on a roof or water tower shall be located to the rear of the roof or water tank center line so that visibility of the installation is limited to the greatest extent practicable when viewed from the front yard. In no case shall the height of the antenna exceed the height of the roof or top of the water tower at the point of installation by more than seven feet in a residential district or 15 feet in a nonresidential district.

(2) An antenna located in the rear yard shall be mounted on a secure supporting structure and shall not exceed 12 feet in total height in a residential district and 20 feet in height in a nonresidential district, unless the support structure abuts the principal building, in which case the total height shall not exceed the height of the roof at the point of installation by more than seven feet in a residential district and 15 feet in a nonresidential district.

(3) If a roof or rear yard installation is proven to inhibit reception, a sidewall mounted installation on a principal building may be permitted, provided the antenna is set back a minimum of 15 feet from the required front yard and the height of the antenna does not exceed the height of the roof line at the point of installation by more than seven feet in a residential district or 15 feet in a nonresidential district. A front-wall mounted installation or sidewall mounted installation within 15 feet of the required front yard may be permitted provided the height of the antenna does not exceed the height of the roof and the antenna does not project any more than two feet into the front yard area.

(4) If the above installations are proven to inhibit reception and/or transmission, a communication tower may be considered, subject to the special use supplementary design standards set forth in § 77-44.1H of this chapter. A new communication tower shall not be permitted unless the applicant can demonstrate to the reasonable satisfaction of the Planning Board that no existing tower, structure, or alternative technology, that does not require the use of a tower, can accommodate the applicant's proposed antenna.

H. Special use supplementary design standards.

(1) Height and service coverage. Any proposal for a communication tower shall prove that the height is the minimum necessary for adequate reception and transmission to meet the applicant's new service coverage needs.

(2) Alternative visual appearance and design. Alternative tower structures or stealth technologies shall be utilized where possible and shall be preferred to typical tower installations.

(3) Provision for additional antennas. The Planning Board may require that a communication tower be designed structurally, electrically, and in all respects, to accommodate both the applicant's antenna and comparable antennas for at least two additional users or service providers. All such communication towers must be designed to allow for future rearrangement of the antennas located upon the tower and to accept antennas mounted at varying heights.

(4) Screening and buffering. All communication facilities shall be suitably screened and buffered to reduce visual impacts on adjacent and surrounding properties, as follows:

(a) All communication towers shall be located and designed to have the least possible visual and aesthetic impact on the environment and surrounding community area.

(b) The minimum yard areas shall be landscaped to provide effective all-season screening and buffering which is shown to reduce visual, aesthetic and community character intrusion impacts on adjacent properties, the surrounding neighborhood, and on distant viewsheds and scenic areas.

(c) The area surrounding the installation, other than the area necessary to maintain a clear line of site to the signal source, shall be landscaped and maintained with trees, shrubs, and ground cover to maximize screening and visual buffering. An existing natural vegetative buffer which meets or exceeds the above requirements may be substituted or enhanced for said requirements. Areas indicated as mitigative screening and buffering shall either be under the control of the communication tower owner or operator, or shall be shown to be reasonably expected to be maintained in its current condition during the term or presence of the communication tower.

(d) Screening and buffering utilizing trees of a minimum height of 15 feet at planting and at a density that will, over time, reduce visual impacts resulting from the installation of said facility shall be provided.

(e) The outside of security fencing shall be screened with evergreen shrubs, trees or climbing evergreen material on the fencing.

(f) Accessory buildings, structures or equipment shelters or cabinets associated with the communication facility shall be designed and constructed in a consistent character and style as surrounding buildings and structures.

(g) The base of any communication tower and any accessory structure shall be effectively screened using primarily vegetative screening, including a continuous evergreen screen planted in a natural setting and consisting of native plant species. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen and buffer all structures from nearby properties or important viewsheds or scenic areas. All landscaping shall be properly maintained to ensure continued screening and buffering.

(h) Areas deemed screening and buffering of communication facilities shall not be altered to reduce that screening and buffering without the prior approval of the Planning Board.

(5) Security and safety fencing. Security and safety fencing shall be located around all communication towers, equipment and related facilities to restrict unauthorized access. Access to all structures shall be through a locked gate or principal building. Use of razor or barbed wire shall not be permitted. Fencing shall be designed to minimize visual and aesthetic impacts and shall be equipped with appropriate anticlimbing devices. Failure to maintain said security and safety fencing in an appropriate manner shall be grounds for immediate revocation of all permits and certificates of use by the Building Inspector.

(a) All communication towers, antenna towers or monopoles, and other supporting structures shall be made inaccessible to nonauthorized persons, particularly children, and shall be constructed or shielded in such a manner that they cannot be climbed.

(b) All transmitter controls that could cause the transmitter to deviate from its authorized operating parameters shall be designed and installed in such a manner that they are readily accessible only to persons authorized by the licensee to operate or service them.

(c) All transmitters used with in-building radiation systems shall be designed in such a manner that, in the event an unauthorized person does gain access, that person cannot cause the transmitter to deviate from its authorized operating parameters in such a way as to cause interference to other stations.

(d) All transmitters (other than hand-carried or pack-carried mobile transmitters) and control points shall be equipped with a visual means of indicating when the control circuitry has been put in a condition that should cause the transmitter to radiate.

(e) All transmitters shall be designed in such a manner that they can be turned off independently of any remote control circuits.

I. Coloring and marking. Unless otherwise required by the FAA or FCC, all communication facilities, including antenna and communication towers, shall be colored, camouflaged utilizing stealth techniques and/or shall be shielded to blend with the surrounding area. The painting or marking of such facilities shall have a finish or coloring which will minimize visual and aesthetic impacts. Towers and all appendages shall generally have a galvanized finish and shall be painted gray or blue gray, or some other finish or color that is shown to be visually unobtrusive.

J. Signals and lights. No communication tower, antenna tower or monopole shall include any signals, lights or illumination unless required by the FAA or other applicable authority. The applicant shall provide evidence mandating any requirement for lighting. If lighting is required, said lighting shall be shown to cause the least disturbance to surrounding properties and views. Any lighting necessary for accessory structures or buildings shall be minimized and shall be properly shielded to prevent light emission and glare onto adjacent properties.

K. Signage. No signs, including advertising signs, shall be permitted on any communication facility, antenna, communication tower, or other accessory building or structure, except as follows:

(1) Signs specifically required by a federal, state or local agency.

(2) Each site shall include a two-square-foot sign containing the name of the owner and operator of any communication device present, including a twenty-four-hour emergency telephone number. In addition, any door having access to a roof-mounted antenna and all entrances to the fenced enclosure shall be similarly signed.

L. Operational certification.

(1) Within 45 days of initial operation or modification of a communication facility, the owner or operator shall submit to the Building Inspector a written certification by an RF engineer qualified expert that the operating facility is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter, in order to continue operations past the forty-five-day period.

(2) The Town of Kent may confirm and periodically reconfirm compliance as necessary to insure that the provisions of this chapter, including NIER level thresholds, are in compliance.

(3) If any approved communication facility is found not to be in compliance, said communication facility shall immediately cease operation.

(4) A yearly inspection on emissions and structural soundness shall be submitted in writing to the Building Inspector.

(5) The Planning Board may specify a maximum special use permit approval term, not to exceed 10 years for expiration of said special use permit, to provide an opportunity for periodic review of a communication facility. In this case, the operator of an approved termed communication facility special use permit shall apply for renewal of the termed special use permit a minimum of 90 days prior to the expiration of said termed special use permit. The periodic review shall address any changes in the design and technology of the communication tower or antennas, or changes in the operators' services or coverage area that may result in the need for modification of the tower structure, antennas, co-location accommodations or related structures, or site improvements and mitigation measures.

(6) If it is found that an alteration of the existing communication tower, antenna or facilities is necessary, review and approval of said application for renewal shall be conducted in accordance with the special use application requirements set forth in § 77-44.1D and E of this chapter.

(7) Alternatively, if it is found that no alteration of the existing communication tower, antenna or facilities is required, then the Planning Board may grant a renewal of the special use permit approvals; in this latter case, a public hearing may be waived.

(8) Any special use permit approved in accordance with the provisions herein may be revoked by the Planning Board after a public hearing. The Planning Board shall provide written notification to the owner of the communication facility, at least 10 days prior to such public hearing, so that they may have an opportunity to be heard. If at such public hearing it shall be shown by substantial evidence that the communication facility constitutes a nuisance or a safety hazard, or that the conditions of the special use permit approval have been materially violated, the Planning Board may revoke said special use permit.

M. Interference.

(1) No permit shall be issued for any transmitting antenna which interferes with the reception or transmission of any preexisting FCC-approved communication device or antenna which complies with the prevailing FCC standards and requirements.

(2) If interference results from the operation of any newly approved transmitting antenna, the owner or operator of that most recently installed antenna shall immediately eliminate the interference or cease operation of the facility.

(3) Failure to correct or eliminate the interference shall be subject to the immediate revocation of any and all operating permits, including any special use permit, as issued by the Town of Kent.

N. Alterations.

(1) Alteration of an existing communication facility, including any antenna, which results in a change of site conditions or facility locations, or an increase in the size, number of antenna, width, height, or electromagnetic emission of the antenna, shall be subject to the same procedure, rules and regulations applicable to an original application.

O. Registration.

(1) The Town of Kent Building Department shall maintain a list of the names and addresses of all operators and the type and maximum emissions of all communication facilities and all other antenna granted a special use permit.

(2) If the name or address of the owner or operator of any communication facility or communication tower is changed, the Building Department shall be notified in writing by the operator of the change within 30 days of said change.

(3) An irrevocable commitment from the owner of the communication facility to defend, indemnify, and hold the Town of Kent, its boards, officials, employees and agents, free and harmless from judgements or costs, including reasonable attorneys fees, arising directly or indirectly from the construction, use or operation of the tower, antenna and associated facilities shall be provided.

(4) All communication facilities shall be insured by the owner of such facilities against damage to persons or property. The owner of a communication facility shall provide a certificate of insurance to the Town Clerk on an annual basis in which the Town of Kent shall be an additional named insured.

P. Removal.

(1) Any antenna, communication facility, or communication tower, including any supporting structure and related appurtenances, or part thereof, that is not used for a period of six months in any twelve-month period shall be considered abandoned and shall be removed by, and at the expense of, the owner of the property or the operator of said facility. Any such facility may be classified as an unsafe building subject to the requirements of Chapter 27 of the Code of the Town of Kent.

(2) An extension of an additional six months may be granted by the Building Inspector upon submittal of a written request for said extension, including proof as determined reasonable by the Building Inspector that the owner is actively engaged in the marketing of the property or facility for sale or lease.

Q. Exemptions. The following devices and sources of nonionizing electromagnetic radiation are exempt from the above provisions and shall be permitted in all residential and nonresidential zones:

(1) Machines and equipment designed and marketed as consumer products, such as walkie-talkies, remote control toys, and cellular telephones.

(2) Handheld, mobile, marine and portable radio communication transmitters and/or receivers.

(3) Two-way radio utilized for temporary or emergency service communications.

(4) Two-way radio utilized for governmental service communications.

(5) Maintenance or repair of a conforming or legal nonconforming antenna, provided that such action is in compliance with this chapter.

(6) Backup wireless transmitters connected to an alarm monitoring service that transmits to a remote monitoring center in the event of an emergency when the telephone lines are inoperable.

(7) Communication facilities, towers and antenna owned and operated by the Town of Kent, in the service of the Town, including Town of Kent Police, Highway Department, Parks and Recreation, Fire Departments, EMT and Ambulance services, which are installed and in service at the time of the adoption of these regulations.

R. Existing installations.

(1) The current operator of any communication facility, antenna, or communication tower existing at the time that these regulations take effect shall be permitted to remain in operation provided the operator submits proof within six months of the enactment of these supplementary requirements and standards, that a valid building permit was issued for the facility and that the facility complies with the prevailing emission standards as set forth by the FCC, as certified by a professional engineer with the qualifications set forth in § 77-44.1D and E of this chapter.

(2) Any legal nonconforming communication facility or communication tower shall be permitted to remain until such time as said use and facility is altered.

(3) Any facility for which emission and security compliance documentation is not received shall cease operation within six months of the enactment of these supplementary requirements and standards and shall be immediately removed thereafter.

§ 77-44.2 Adult business use.

A. Purposes and considerations.

(1) Statement of purpose. In the execution of these provisions, the Town of Kent recognizes that adult business uses, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and other sensitive land uses, including but not limited to schools and churches. The objectionable characteristics of these uses are further heightened by their concentration within an area, thereby having deleterious effects on adjacent areas. It has been acknowledged by communities across the nation that local government has a special concern in regulating the operation of such businesses under their jurisdiction to ensure that their objectionable characteristics will not contribute to the degradation of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town, to deter the spread of blight and to protect minors from objectionable characteristics of these adult business uses by restricting their proximity to places of worship, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, civic and cultural facilities and residential areas.

(2) It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Kent. The intent of this section is to provide appropriate places for adult business use without compromising the character of the neighborhood.

(3) These purposes will be achieved through lighting being reflected away from abutting roadways and adjoining properties. Limiting these facilities to large parcels of property will maintain the visual and aesthetic environment as well as provide adequate distances to protect neighbors from noise, lights, etc.

(4) These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

B. Adult business uses, as defined in this chapter, are to be restricted and regulated as to their locations in the following manner, in addition to any other requirements of this chapter, and the special requirements itemized in this section are to accomplish the primary purposes necessary to ensure that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and to restrict their accessibility to minors.

(1) No adult business use shall be located within 1,000 feet of any lot or parcel in a residential district.

(2) No adult business use shall be located within a one-quarter mile radius of another such use.

(3) No adult business use shall be located within 1,000 feet of any library, school, church or other place of religious worship, park, playground, playing field.

(4) Lighting shall meet the requirements of § 77-44.3, and signage shall meet the requirements of § 77-35 of this chapter.

(5) The hours of operation shall only be between the hours of 10:00 a.m. to 11:00 p.m.

(6) The minimum lot size for an adult business use shall not be less than three acres.

(7) Front, side and rear yard setbacks shall be not less than 100 feet with the front, side, and rear yard setbacks landscaped, as determined by the Planning Board, to provide screening of the adult business use from neighboring properties.

(8) Not more than one adult business uses shall be located in the same building or upon the same lot or parcel of land.

(9) No amplifiers or loudspeakers of any type shall be installed outside of the building.

(10) All such uses shall be subject to a special use permit and site plan approval.

§ 77-44.3 Lighting.

A. General regulations.

(1) No artificial lighting shall shine directly into any residential structure located on another lot or be so established that it shall shine directly upon any residential property or shall shine directly on or into any room or rooms, porches or patios of any residential property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring residential properties or as to interfere with the physical comfort of the occupants of residential properties.

(2) Flashing sources of illumination are prohibited.

(3) Lighting that moves or has moving parts is prohibited.

(4) Strip lighting outlining commercial structures and used to attract attention to the nonresidential use, and strings of light bulbs used in any connection with a nonresidential use premises, is prohibited unless fully shielded.

(5) Vegetation screens should not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

(6) Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas, as determined by the Planning Board.

(7) Security lighting should use the lowest possible illumination to effectively allow surveillance.

(8) Under-canopy lighting for such uses as motor vehicle repair shops and motor vehicle service stations shall be recessed so that the lens cover is fully recessed, or flush, with the bottom surface (ceiling) of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to 85° or less from vertical.

(9) Luminaries used for playing fields and outdoor recreational uses shall be exempt from the height restriction and all other provisions of this article, provided such lighting is used only while the field is in use.

(10) Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves the original design intent of the system.

B. General standards.

(1) Where practical, exterior lighting installations should include timers, dimmers, sensors, or photocell controllers that turn the lights off during daylight hours or hours when lighting is not needed, to reduce overall energy consumption and eliminate unneeded lighting.

(2) Exterior lighting installations should be designed to avoid harsh contrasts in lighting levels.

(3) Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting.

(4) Site lighting shall minimize light spill into the dark night sky.

C. Exterior lighting plan review.

(1) An application for site plan approval shall include an exterior lighting plan depicting the number, location, mounting height, and type of proposed lighting fixtures and level of illumination on the site and at the property lines. The exterior lighting plan shall include at least the following:

(a) Manufacturer specification sheets, cut-sheets or other manufacturer-provided information indicating the specifications for all proposed lighting fixtures.

(b) The proposed location, mounting height, and aiming point of all exterior lighting fixtures.

(c) If building elevations are proposed for illumination, drawings shall be provided for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance levels of the elevations, and the aiming point for any remote light fixture.

(d) Computer-generated photometric grid showing footcandle readings every 10 feet within the property or site, and 10 feet beyond the property lines. Iso-footcandle contour line-style plans are also acceptable.

(2) Additional information may be requested following the initial lighting plan review,

D. R-80, R-40, R-10, Towner's Road Overlay District, and PRD District lighting.

(1) Within a residential district, all new parking lot lighting and site lighting for developments, other than for single-family dwellings, shall comply with the following:

(a) Illumination at the property line shall not exceed 0.1 footcandles.

(b) Luminaries shall be full cutoff type.

(c) Outdoor light fixtures equipped with floodlights are prohibited.

(d) Wall pack outdoor light fixtures located on a front or side facade of a building or structure shall be full cutoff.

(e) Lights that may produce glare so as to cause illumination beyond the boundaries of the property on which it is located are prohibited.

(f) Freestanding lights shall be appropriate to the design of the structures and shall not exceed 15 feet in height. Wall-mounted light fixtures shall not be mounted higher than 12 feet above the ground level immediately below the location of the light fixture. Both freestanding and wall-mounted fixtures shall be fitted with movable shields to allow for the redirection of light to avoid glare and the splaying of light to off-site locations.

E. Commercial District and IOC District lighting.

(1) Within the Commercial District and the IOC District, all parking lot lighting and site lighting shall comply with the following:

(a) Illumination at the property line shall not exceed 0.2 footcandles.

(b) Luminaries shall be full cutoff, or semi-cutoff as determined by the Planning Board.

(c) Freestanding lights shall be appropriate to the design of the structures and shall not exceed 20 feet in height. Wall-mounted light fixtures shall not be mounted higher than 15 feet above the ground level immediately below the location of the light fixture. Both freestanding and wall-mounted fixtures shall be fitted with movable shields to allow for the redirection of light to avoid glare and the splaying of light to off-site locations.

(d) Wall pack outdoor light fixtures oriented toward an adjacent residential property or a residential district shall be full cutoff.

(e) Non-cutoff outdoor light fixtures shall be limited to walkways, outdoor seating areas or other areas approved for such fixtures as part of a development plan.

(f) For exterior lighting installations and fixtures within 50 feet of a residential property or a residential district, freestanding lighting fixtures shall be no higher than 15 feet above grade and shall be full cutoff.

(g) All outdoor light fixtures on single-use site, shopping center, integrated center, business park or industrial park, including those on freestanding light poles and those attached to buildings, security lights, and architectural lights, shall be of consistent or compatible style, pole height, mounting height, color, intensity, design and materials with other outdoor light fixtures within the lot, single use site, integrated center, business park or industrial park.

F. Exempt lighting.

(1) The following shall be exempt from the provisions of this section, provided that such luminaire, except for those set forth in Subsection F(1)(a) and (b) below, do not cause glare:

(a) Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal, state or county agencies, to include streetlights within the public right-of-way.

(b) Outdoor lighting required by utility companies, law enforcement, fire and rescue, the New York Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares.

(c) Temporary lighting used for a special event held by, and on behalf of a municipal organization or agency, or a not-for profit organization, provided such lighting is located on the lot on which the event is held. This exemption shall not extend to individuals, organizations, corporations or promoters using lands or facilities owned by a municipality or not-for-profit organization.

(d) Motion detector security lights which are normally off, and which when occasionally activated upon motion being detected are on for less than four minutes.

(e) Low-wattage holiday decorative lighting fixtures (comprised by incandescent bulbs of less than eight watts each or other lamps or output less than 100 lumens each) used for holiday decorations.

(f) Outdoor lighting used in connection with these categories shall only be illuminated while the activity takes place and during high traffic periods before and after the event.

G. Enforcement. To assure that site lighting does not adversely affect neighboring properties, the Building Inspector shall have the authority to require changes to the on-site lighting fixtures to minimize and eliminate glare and the splaying of light across property lines, and to ensure continuous compliance with this section. Such changes may include, but are not limited to, requiring the installation of lower-wattage bulbs, the addition of shields to deflect light, and changes to the angle of the fixtures or shields. Failure to implement the changes as directed by the Building Inspector shall be a violation of this section, any permit or approval granted under this section.

§ 77-44.4 (Reserved)

§ 77-44.5 Nursery schools, family day-care home, and day-care centers,

A. Where permitted pursuant to this chapter, the establishment of a nursery school, family day-care home and a day-care center shall be subject to the following requirements:

(1) The lot shall have its own means of ingress and egress, other than an emergency exit, which is not shared with any other use; and

(2) Any such facility shall provide an appropriately enclosed outdoor play area; and

(3) Any such facility shall not be located nearer than 50 feet to any street or property line.

(4) Where the facility is required to be licensed by the State of New York, or any other governmental agency, said license shall be kept current and a copy of the current license shall be provided to the Town upon request.

§ 77-44.6 Artist studios.

A. Establishment of an artist studio shall be subject to issuance of a special use permit by the Zoning Board of Appeals. In addition, artist studios shall be subject to the following additional requirements:

(1) The facility shall be accessory to the principal use of the lot.

(2) The facility may be permitted within an accessory structure or within the principal structure.

(3) If located on a residential lot, the owner shall maintain the lot as his or her principal domicile.

(4) If located within an accessory structure, said structure shall not be located within any required yard setback.

(5) Where the facility is required to be licensed by the State of New York, or any other governmental agency, said license shall be kept current and a copy of the current license shall be provided to the Town upon request.

(6) The Zoning Board of Appeals may condition the issuance of the special use permit on the permit being renewable for a term to be established by the Board.

§ 77-44.7 Standard methodology for wildlife and plant biodiversity assessments.

A. Purpose. The Town of Kent is home to a remarkable diversity of plant and animal species. Yet today the Town faces the prospect of losing much of its rich biological heritage to development and sprawl which is fostered, in part, by a lack of formal information needed to make land-use decisions. The Town has determined that it is necessary to standardize the way in which studies of plant and animal species and their habitat are conducted as part of the environmental impact review of residential and nonresidential development projects. By standardizing the way in which biodiversity assessments are conducted, the Town will be able to develop baseline, site-specific biological information across the diverse land types of the Town that will enhance the Town's ability to make informed planning decisions and maintain biodiversity as growth proceeds. Development (including residential, commercial, industrial, and infrastructure improvements) affects wildlife and plant species in many ways. For example, direct loss of natural habitat may entirely eliminate some species, while significantly reducing the population size of others. Fragmentation of remaining habitat often leads to isolation of remnant plant and animal populations, thereby reducing dispersal capabilities and increased edge effects such as increased predation and parasitism, and decreased breeding success. Site-specific designs such as curbing and catch-basins can have dramatic effects on the survival and movement patterns of amphibians and reptiles. Land development that disturbs soils, removes vegetation, and alters natural drainage patterns can adversely affect both native plant and wildlife species. Adequate plant life is required for the survival of all animals as habitat, food, and shelter for birds, mammals, reptiles, amphibians, and insects.

B. Applicability. A biodiversity study in accordance with the standards set forth herein shall be required for development applications involving property located within 300 feet of the bank of lakes, ponds, rivers, streams, and perennial watercourses; and/or property located within 800 feet of the edge of vernal pools and Town jurisdictional wetlands. Nothing herein shall be construed as preventing or prohibiting the preparation of a biodiversity study at the discretion of the Town Board, the Planning Board, or the Zoning Board of Appeals for any application that may come before any of said boards.

C. When required by this chapter, a biodiversity study shall be conducted for the entire range of species that are known to respond to development. Species shall include those listed as federal and state endangered, threatened, and special concern plant and animal species. At a minimum, surveys shall be conducted for amphibians, reptiles, birds, fish, mammals, plants and fungi. The presence of focal species indicates habitat quality. The presence of habitat specialists (e.g., wood frogs, spotted salamanders, box turtles, wood turtles, oven birds, Canada warblers) may indicate high-quality habitat(s) where development-related impacts should be avoided, minimized, or mitigated. The presence of certain "subsidized" species (e.g., those that are often affiliated with landscape disturbances), coupled with the absence of more specialized taxa, indicates previously disturbed habitats that may be more suitable for development.

D. Methodology. Biodiversity assessments shall be conducted and interpreted by biologists trained in the concepts of conservation biology and landscape ecology, and who have demonstrated a competence in surveying target species within Putnam County.

(1) Initial surveys must consist of a complete habitat assessment to develop a comprehensive list of possible endangered, threatened, special concern, and focal species that may utilize the site during all or a portion of their life cycle. The life cycle habitat requirements of the potential species on the site must be developed with appropriate references sited. Information from the NYS Natural Heritage Program must also be obtained prior to species surveys. Field surveys of the species listed as potentially found or using the site must be conducted during appropriate seasons and in the appropriate habitats in accordance with the life cycles of the species. Surveys must follow standard protocols to ensure that detectability is maximized and results are reliable. For example, bird surveys must occur during the spring breeding season (mid-May through early July) in the early morning hours (within 1/2 hour of dawn through 9:30 a.m.) under relatively fair weather conditions. The results of such breeding bird surveys reveal the suitability of on-site habitat: surveys which are conducted at other times or in poor weather are much less informative. Reptile and amphibian surveys must be conducted between March and October, with concentrations in March-April, May-June, midsummer, and September. Survey techniques include night searches, minnow/turtle traps, turning of cover, objects, and larval dip-netting and identification. For all taxa in question, surveys must be conducted within all habitats on site (e.g., grasslands, vernal pools, forested uplands, wetlands), regardless of where the proposed construction activities would take place. Many species utilize a complex of habitats within the course of their life cycles; therefore, developments may attempt to avoid disturbance of breeding habitat, but destroy foraging, roosting, or wintering habitat. Attention should be given to timing and seasonal constraints such as breeding, migration and germination. The landscape ecology of the site must also be detailed regarding the effect of development on the undisturbed range requirements of the identified species.

(2) A final report shall be submitted to the reviewing agency (typically the Lead Agency) containing a description of current on-site habitats for wildlife and vegetation, the value and condition of those habitats for wildlife, and a discussion of the potential impacts of the proposed development on wildlife and vegetation resources. Data collection methods shall be detailed in the report. Wildlife and vegetation occurrence data must be location-specific; lists of probable species occurrence alone are not acceptable. The final report shall include identification of critical habitat areas that are proposed to be permanently or temporarily removed or altered due to site construction. Critical habitat areas are those areas that are found within the construction areas that are required for the life cycle of identified specie(s) and cannot be found elsewhere on the site or that would be cut off from the remaining site due to the construction. A design of the improvements shall be prepared and presented to the reviewing agency that avoids impacts to all critical habitat areas. Alternatives shall be recommended where the proposed alterations to critical habitats place wildlife and vegetation resources in jeopardy. The report shall also discuss site context (e.g., proximity and connectivity to other habitats), and shall relate the importance of on-site habitat relative to other habitats within the Town. The report shall contain detailed maps compatible with the Town's existing baseline mapping, and shall also include, when directed by the reviewing agency, digital mapping in a GIS database format so that the survey information may be incorporated into a Town-wide wildlife habitat database.