They may be erected only on the same lot as the principal structure.

They may be erected only in the rear yard of the principal structure and shall be a distance of not less than 20 feet from a rear lot line nor less than 10 feet from any side lot line and from any principal structure or accessory structure attached thereto.

They shall be enclosed by a chain link, basket weave or other protective fence at least four feet in height.

The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography, and public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. Streets shall conform to the requirements of Chapter A350 of the Code entitled "Street Specifications." A pedestrian system shall also be provided to link uses within the development site.

Building height for residential and retail uses may not exceed two stories or 30 feet. Any structure that exceeds 30 feet in height shall, regardless of classification, be subject to site plan review by the Town Planning Board, which shall ensure that the building or structure is compatible with the character of the community and its natural surroundings and, further, that the ability to deal with firesafety is not threatened.

The applicant shall demonstrate to the satisfaction of the Planning Board that adequate emergency services are provided for the proposed use. The applicant shall also demonstrate that adequate emergency access is provided to the development site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the site plan application for their review and comment, and the Planning Board shall take said comments into consideration in its deliberations.

No building, parking area or road shall be permitted within 50 feet of any property line not part of the development in order to minimize visual and noise impacts on adjoining parcels. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a transitional separation between surrounding existing and prospective uses and the proposed development.

The number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication Parking Generation. Parking space sizes and aisle widths shall be in accordance with § 345-22 of this chapter. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped pursuant to § 345-16 hereof. Truck loading facilities shall be provided as required in § 345-22 of this chapter.

All areas of the development shall be amply landscaped with a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application pursuant to § 345-16 hereof.

On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan depicting the level and intensity of illumination within the site and at the property boundary shall be submitted to the Planning Board as part of the site plan. The level of illumination shall not exceed a minimum average horizontal level of 0.5 footcandle at the property boundary. Decorative lighting fixtures shall be incorporated into the overall design of the development; cobra-head light fixtures shall be discouraged.

The applicant shall furnish a master signage plan pursuant to § 345-23 hereof illustrating the location and design of on-site signs to be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board shall be authorized to modify sign standards to accommodate this master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction and employs landscaping of such signs to enhance appearances.

All buildings within the development shall maintain a consistent architectural theme or shall be deemed by the Planning Board as architecturally compatible. Architectural facades and elevations of all buildings and structures shall be provided with the site plan.

Maximum building coverage shall not exceed 25% of the overall planned development site.

A variety of residential dwelling types are permitted, including, but not limited to, single-family detached and attached dwellings and multiple residences. Minimum lot area shall be calculated at one dwelling unit per 1/2 acre if central sewer and water services are provided or one dwelling unit per three acres if individual on-site water or sewer systems are utilized.

An application for a performing arts center planned development shall include an overall development plan for consideration by the Planning Board. The overall development plan may be prepared at conceptual level but, at a minimum, must depict those uses proposed for development or that may reasonably be anticipated for development by the applicant, including, but not limited to, pavilions, amphitheaters, concert halls and other musical and performing arts performance areas, together with major administrative, food service, interpretive, lodging, parking, residential structures and seating facilities to accommodate performing arts patrons. The overall development plan must also depict off-site parking areas to service the proposed uses and the means of traffic circulation, both automotive and pedestrian, between and among the uses. The overall development plan must also demonstrate on a conceptual level that the development design standards listed above will be met or the extent to which any modifications will be necessary. The plan need not encompass all the details required for a site plan but shall set forth in reasonable detail the anticipated locations within the development and sizes of all major improvements anticipated such that the Planning Board can evaluate the overall plan for environmental, traffic and other impacts on the community with a view toward attaching any conditions of approval which must be met at the time a detailed site plan is submitted for approval for any section of the development.

Concurrent with its overall development plan submission, an applicant may also submit a detailed site plan application for one or more phases of its overall development. That site plan must comply with the requirements of this section and of § 345-31 of this chapter.

The applicant shall demonstrate to the satisfaction of the Planning Board that its application for a special use permit complies with the findings statement issued in connection with the final GEIS[2] issued for the PA Performing Arts Center Development District. To establish that its application for a special use permit complies with the final GEIS findings statement, the applicant may prepare and submit with its application relevant information in any form chosen by the applicant. Notwithstanding the foregoing, the burden to establish that its application for a special use permit complies with the final GEIS findings statement shall rest solely with the applicant, and the Planning Board shall have the authority to determine whether that burden has been met. In the event the applicant has submitted a site plan for one or more phases of its development, the application for a special use permit must also address that development proposal at the appropriate level of detail.

Upon completion of the review of the special use permit application, the Planning Board shall act to approve or disapprove the issuance of a special use permit for the performing arts planned development and any site-specific plan phase submitted with it. The special use permit approval shall detail the specific performance criteria that, in addition to these regulations, will govern future site-specific development of the overall plan.

Subsequent to special use permit approval of the overall development plan, an application may be submitted for site plan approval for any additional section(s) of the overall development plan for which it has not yet been granted site plan review approval, provided that the same is generally consistent with the overall development plan previously approved. That application shall be made in accordance with this section and § 345-31 of this chapter. If the Planning Board determines that the site plan application is consistent with both these regulations and the performance criteria established as part of the overall development plan approval (the special use permit approval), then the Planning Board shall approve the site plan without the need for further State Environmental Quality Review Act (SEQRA) review or conduct of a public hearing.

The Town Planning Board, at its discretion, may attach any reasonable conditions on an approval as necessary to assure conformance with the intent and objectives of these regulations.

Building placement and site development layout shall respectfully incorporate the site's topography, existing vegetation and other unique features. Spatial relationship between buildings and other structures shall be geometrically logical and/or architecturally formal (i.e., not haphazard or random). On a lot with multiple buildings, those located on the interior of the site shall front towards and relate to one another, both functionally and visually, and may be organized around features such as courtyards, greens or quadrangles. Smaller, individualized groupings of buildings are encouraged. Buildings shall be sited to provide adequate and safe fire and emergency access.

New construction affecting existing buildings of historically traditional architectural design within the community shall respect the existing height, bulk, scale and style of the existing architecture wherever practical. Materials used may be required to be of a similar color, texture and style of the existing architecture, excepting that the Town may require conversion to permanent structures in the cases of changes or additions to seasonal use buildings.

Buildings shall relate in scale and design features to the surrounding buildings, showing respect for existing and neighborhood architecture. Buildings shall avoid long, monotonous uninterrupted walls or roof planes. Building wall offsets, including projections, recesses, and changes in floor level, shall be used in order to add architectural interest and variety and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets shall be provided, in order to provide architectural interest and variety to the massing of the building and to relieve the effect of a single, long roof.

All materials, colors and architectural details used on the exterior of the building shall be compatible with the building's style and with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall incorporate such into its design.

The architectural treatment of the front facade shall be continued, in its major features, around all sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors and details. Blank walls or unscreened service areas along side and/or rear elevations is discouraged.

All nonresidential uses shall prepare a landscaping plan consistent with the requirements of § 345-16. Existing trees with a caliper in excess of six inches shall be incorporated in the site design to the maximum extent practical, as shall be determined by the Planning Board, and none shall be removed prior to site plan review and approval. Plant suitability, maintenance and compatibility with site and construction features are critical factors which shall be considered for areas' landscaping along the building foundation; between the building and sidewalks and between the sidewalk and the roadways; within and around parking areas; and between the sidewalk and front of building.

Driveway, sidewalk/walkway and curb materials shall be functional and compatible with the style, materials, colors and details of the surrounding buildings. The selection and use of pavement and curb materials shall consist of a stable material. Modular masonry materials such as brick blocks, slate and concrete pavers, or cast-in-place materials such as exposed aggregate concrete slabs shall be used, whenever possible, on sidewalks, pedestrian walkways and pathways. Granite, concrete or Belgian block shall be used for curbs, except as may be required to accommodate storm drainage measures. Asphalt shall not be permitted for sidewalks or curbs. Transitions in paving patterns or materials shall provide a smooth and continuous surface.

Site access is required to be located at the point closest to the side property line to provide for a shared entrance with the adjoining property. If an adjacent property is already developed with an existing appropriately located access, opportunities for the shared use of the existing access shall be exhausted prior to consideration of separate access to the property. The Planning Board may require the establishment of easements as appropriate.

Within the H-17B Hamlet Commercial District and the CS Community Settlement District, sidewalks with a minimum width of five feet shall be provided along the property's street frontages, and at least eight feet shall be provided between the edge of the sidewalk and the back of curb or shoulder and shall be designed in accordance with applicable standards. These standards may be modified by the Planning Board to accommodate existing and adjacent sidewalks.

In addition to otherwise applicable parking standards contained herein, parking areas within the districts may be unpaved partially or wholly except for handicap accessible parking areas and travelways, but shall be of an appropriate material as set forth therein.

Off-street parking and loading facilities shall generally be placed to the rear and/or on one side and with minimal parking between the front lot line and the buildings.

At the time of change of use, or expansion, alteration or renovation of an existing use, existing parking at the front of the property of preexisting buildings shall require, at minimum, a ten-foot-wide landscape buffer consisting of a hedgerow, berm or combination to screen the parking area from the adjacent road.

Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare, noise or exhaust fumes onto adjacent properties, in particular adjacent to residential properties.

Parking areas shall be accessed by means of shared or common driveways, preferably from side streets or lanes. Off-street parking areas of less than 25 spaces shall, wherever possible, be interconnected with parking areas on adjacent properties. Cross-access easements for adjacent lots with interconnected parking areas shall be required.

The edge of the shield is below the light source;

Direct rays from the light source are confined to the property boundaries, except for access areas to commercial uses where additional lighting may be needed where such access intersects with a public road or walkway. In no instance shall site access lighting spill into the roadway of any public roads; and

Direct rays are prevented from escaping toward the sky. Lighting on all externally lit signs shall be mounted above the sign and focus on the sign from above the sign.

Safe and adequate ingress and egress.

Minimum habitable floor area of 800 square feet.

Adequate construction to provide sufficient protection from the elements.

Proper installation of heating, plumbing, water, sewage and lighting facilities in accordance with appropriate codes for new construction.

Running at large other than on premises owned or operated by the owner;

Engaging in habitual loud howling, barking, crying or whining or conducting itself in such a manner so as to unreasonably and habitually disturb the comfort or repose of any person other than the owner of such dog;

Uprooting, digging or otherwise damage any vegetables, lawns, flowers, garden beds or other property not belonging to the owner of such dog;

Chasing, jumping upon or at or otherwise harassing any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury;

Habitually chasing, running alongside or barking at motor vehicles while on a public street or highway or upon public or private property other than the property of the owner or harborer of said dog; and

Creating a nuisance by defecating, urinating or digging on public property or private property other than the property of said owner.

Upon application, the Planning Board may waive the requirement that raw materials be stored in an enclosed structure or impervious container if the applicant is able to show to the satisfaction of the Planning Board that the storage of the raw materials will not cause contamination and the storage of such raw materials in an enclosed structure or impervious container is not practicable.

Signs should be a subordinate part of the landscape viewed from the road;

Signs within a given area should exhibit visual continuity, complementing each other rather than competing for attention;

Multiple signs should be combined into one to avoid clutter;

Signs should be as close to the ground as possible, and ground signs shall ordinarily be preferred;

A sign's design should be consistent with the architectural character of the building on which it is placed and not cover any architectural features on the building. It should be sized and located in proportion to the building to preserve a human perspective.

Garish colors (e.g., fluorescent lime green) and materials shall be avoided, and vivid colors (e.g., bright red) shall not dominate a site.

The sign should be located so as to not interfere in any way with the clear views required for public safety by highway travelers or pedestrians.

The sign must not be an overhead danger or obstacle to persons below.

The size of the sign shall be the minimum which will achieve ready visibility without becoming an unnecessary distraction from the highway view or detriment to the highway scenery.

The sign shall not block the view of any other signs.

The sign shall be of good construction quality that is easy to maintain in safe condition and good appearance.

Sign materials and design shall be compatible with the surrounding natural landscape.

The sign should not substantially interfere with the views to and from other enterprises or residences.

All freestanding signs of 24 square feet or more in surface area on one side shall require landscaping around the base of the sign. The size of the landscape area shall be approved as part of the sign permit. Landscape plans shall be submitted and shall include the size, species, location and spacing of plant materials, method of separating the planter from the adjacent area and the irrigation plan for maintaining the landscape materials.

No homemade freehand permanent signs shall be permitted.

The size of such sign is not in excess of 32 square feet;

Not more than two signs are placed upon any property, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage;

Such sign is not illuminated;

Such signs are removed no more than 30 days following completion of a sale.

The minimum lot size may be reduced to that which will accommodate a delineated area of at least 43,560 square feet, with a minimum dimension of 150 feet, where on-site water supply and sewage disposal facilities are to be provided, or 21,780 square feet, with a minimum dimension of 120 feet, where central water supply and/or sewage disposal facilities are to be provided, subject to any conditions established by the Planning Board during review in accord with § 345-24B below.

Setbacks may be reduced to thirty-foot front yards and twenty-five-foot side and rear yards.

The subdivider shall make a written submission identifying the number of building lots proposed in the conservation plan and noting the requested modifications to the applicable dimensional requirements and the supporting rationale for a conservation subdivision.

The Planning Board shall conduct an initial review and discussion with the applicant to determine whether the requested conservation subdivision appears appropriate and desirable for the site. The Planning Board may request other information it may need, including a proposed conservation plan, in order to make its determination whether to approve or disapprove a conservation subdivision plan.

If the Planning Board determines that a conservation subdivision may be appropriate, it shall direct the subdivider to prepare a yield plan to determine the number of residential lots that may be obtained by subdividing the property without applying the conservation subdivision criteria. A yield plan shall be prepared in accordance with zoning requirements and conventional subdivision lot layouts. Each residential lot, its building envelope, and the entire subdivision layout must comply with all applicable laws and regulations affecting the use of land, including Town, county, state, and federal laws and regulations, and all applicable road requirements, including cul-de-sac length limit. The yield plan shall comply with the requirements for a preliminary plan submission, although the Planning Board may waive specific requirements if it deems that such items are not necessary for consideration of the site and for determination of allowable density thereon. The Planning Board shall render a determination of the permissible number of lots, in its judgment, based on an acceptable yield plan.

The Planning Board shall prepare written findings addressing the appropriateness and desirability of the site for a conservation subdivision, the benefits to be achieved by clustering building lots, conditions necessary to help achieve those benefits, whether and how the plan promotes the objectives of the Comprehensive Plan, the number of lots that would be developed on the property, and any applicable waivers that would be required to accomplish the conservation subdivision plan. With a favorable recommendation, the Planning Board shall authorize the applicant to proceed with the development of a conservation subdivision plan and shall simultaneously grant any waivers that may be required to accomplish the conservation subdivision plan.

If the Planning Board authorizes a conservation subdivision, it shall set forth the maximum number of dwellings authorized and such other conditions as it deems appropriate. Such conditions may include, but not be limited to, limitations regarding the ownership and/or use of the open space land resulting from the conservation subdivision, so that the land shall not become a possible burden or nuisance.

After the number of lots in a yield plan has been authorized, the applicant shall prepare a conservation subdivision plan in accordance with Subsection B(4) below.

Such conservation subdivision authorization by the Planning Board shall expire and become null and void unless a conservation subdivision plan complying with the terms and conditions of the Planning Board's authorization is granted preliminary subdivision approval within two years of the date of the Planning Board authorization. However, upon request of the subdivider, the Planning Board may extend its authorization for up to two periods of six months each at its sole discretion.

The applicant shall submit an Existing Resources and Site Analysis Map giving a comprehensive analysis of existing conditions on the proposed development site. It shall include:

After preparing the Existing Resources and Site Analysis Map, applicants shall arrange for a site inspection of the property by the Planning Board and other Town officials. Based on the map and inspection, a four-step design process shall then be applied to determine the layout of proposed conservation areas, house sites, streets and lot lines, as described below:

Recognizes existing scenic views and vistas and preserves the existing visual character of the site area. This includes protecting the visual character and appearance of the site as viewed from existing public roads, thereby protecting the Town's open rural streetscape. New construction shall be sited to avoid visual prominence, where possible. Where possible, existing field hedgerows and stone walls shall be preserved.

Preserves active farm fields and open fields wherever possible, particularly when associated with actual or potential agricultural use or culturally or historically significant houses and agricultural structures such as barns. Farm fields shall be preserved for continued use where possible and appropriate.

Provides contiguous open space and/or avoids habitat fragmentation. Open space resulting from the subdivision shall avoid fragmenting habitat to the greatest extent possible, in keeping with the resources identified for protection. Open space areas in contiguous subdivisions shall connect where possible in order to maintain wildlife habitat and corridors. Consideration shall be given to simple methods of maintaining land cover types where deemed beneficial by the Planning Board for visual, aesthetic, or habitat purposes. Maintenance measures shall be identified and implemented.

Minimizes intrusion into wetlands, floodways and floodplains, water bodies and steep slope areas of twenty-percent slope or more. Any intrusion to obtain roadway access to the site for building purposes shall be the minimum necessary. Any pedestrian access that is provided to primary and secondary conservation areas shall also be designed to minimize impacts on these resources.

If appropriate and if desired, provides for pedestrian access to and/or within preserved open space areas for property owners within the subdivision. Such access, if provided, does not imply a right of access to the general public unless explicitly so provided.

Conservation areas.

The permissible number of lots determined by the Planning Board from the acceptable yield plan shall be designed to preserve and protect the mapped primary conservation areas and secondary conservation areas to the maximum extent feasible.

Open space areas shall be designed to be visually accessible and, if appropriate, physically accessible to as many lots within the subdivision as practicable, as well as visually accessible to the general public. Open space areas in adjoining subdivisions shall, if possible, be interconnected in order to maximize the integrity of the open space. Provision of limited pedestrian access to open space areas by owners of lots within the subdivision may be permitted unless such access is not compatible with the open space objective(s).

Open space ownership and maintenance.

A maximum choice in the types of housing, lot sizes and community facilities available to present and future Town residents or visitors at all economic levels.

More usable open space and recreation areas.

More convenience in location of certain accessory commercial and service areas.

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

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

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

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

A more desirable environment than would be possible through the strict application of other articles of this chapter or Chapter 300 of the Code entitled "Subdivision of Land."

Said sketch plan shall be drawn to scale, though it need not be to the precision of a finished engineering drawing, and it shall indicate the following information:

In addition, the following documentation shall accompany the sketch plan:

An area map showing the property proposed for PUD and adjacent property, if any, owned by the applicant and all other properties, roads and easements within 500 feet of the applicant's property.

The preliminary development plan shall show the location, proposed uses and height of all buildings; locations of all parking and truck loading areas, with egress thereto; location and proposed development of all open spaces; location of all existing or proposed site improvements; description and location of water supply, sewerage system and storm drainage system; location of all signs and designs of lighting facilities; the extent of building area proposed for nonresidential uses, if any; the location of existing watercourses and wetlands; and the location of municipal and fire, light and school district boundaries.

Within 62 days of the receipt of a completed preliminary development plan, the Town Board shall refer the application materials to the Planning Board for subdivision and site plan review. The Town Board shall act as lead agency for SEQRA review purposes, unless the DEC establishes another entity as lead agency. The Planning Board shall concurrently approve, disapprove or approve with the modifications the preliminary development plan, conditioning any approval on action of the Town Board with respect to the PUD District. The Town Board and Planning Board may conduct joint public hearings where practical.

The Planning Board shall approve the plan if it finds that:

Preliminary approval by the Planning Board shall be in the form of a written statement to the applicant and may include recommendations to be incorporated in the final site plan. If the preliminary development plan is disapproved, the statement of the Planning Board shall contain the reasons for disapproval. The Planning Board may recommend further study and resubmission of a revised preliminary development plan.

After the Planning Board has approved the preliminary development plan and if the Town Board has approved the establishment of the PUD District, the applicant shall prepare a final development plan, including all information required under Chapter 300 of the Code entitled "Subdivision of Land," and submit it to the Planning Board for final approval.

Where more than 12 months have elapsed between the date of preliminary approval and the time of submission of the final development plan, and where the Planning Board finds that conditions affecting the plan have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary development plan for further review and possible revision prior to accepting the proposed final development plan for approval by the Planning Board. The applicant(s) may, or the Planning Board may require the applicant to, submit the final development plan in stages.

The final development plan shall conform substantially to the preliminary development plan approved by the Planning Board and meet all requirements set forth in Chapter 300 of the Code entitled "Subdivision of Land" pertaining to final plans. It shall incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the time of preliminary review.

Within 62 days of the receipt of a completed application for final development plan approval, the Planning Board shall review and act on such submissions and so notify the Town Board. If no decision is made within 62 days, the final development plan shall be considered approved.

Upon approving an application, the Planning Board shall endorse its approval on a copy of the final development plan and shall forward it to the Code Enforcement Officer, who may then issue a building permit to the applicant if the project conforms to all other applicable requirements of the Town.

If the application is disapproved, the Planning Board shall notify the applicant and Town Board of its decision, in writing, and its reasons for disapproval.

Final development plan approval shall constitute final plat approval under Chapter 300 of the Code entitled "Subdivision of Land" and the provisions of § 276 of the New York State Town Law, and a copy shall be filed in the Sullivan County Clerk's office.

No building permits shall be issued for construction within a PUD District until all requirement improvements are installed or a performance bond is posted in accordance with the procedures provided by the Chapter 300 of the Code entitled "Subdivision of Land" and § 277 of the New York State Town Law.

A manufactured home may be placed in the Town only after obtaining a building permit and shall require a certificate of occupancy before initial occupancy.

Manufactured homes located outside of manufactured home parks shall comply with all area and bulk requirements that apply to single-family houses in the same zoning district.

Manufactured homes shall be connected to an adequate supply of potable water; shall be connected to a public sewer system or septic system constructed in accordance with all state and local regulations; and shall be connected to all appropriate utilities such as electric power, telephone, propane gas and fuel oil. All of the foregoing connections or services shall be provided to the manufactured home within 60 days of issuance of the permit for placement of the manufactured home.

All manufactured homes hereafter erected in the Town shall have been manufactured in 1978 or thereafter; be Underwriters Laboratories certified; and bear the seal of the United States Department of Housing and Urban Development.

All manufactured homes shall have roofs, with a minimum pitch of three vertical to 12 horizontal.

All manufactured homes shall have not fewer than two means of ingress/egress.

All bottled gas units of 300 pounds or greater capacity shall be chained to a concrete slab if located in a flood hazard area or directly adjacent to any stream.

Manufactured homes shall be installed on a load-bearing foundation, such as a crawl space or full basement, or placed on a concrete slab with skirting. Skirting shall be made of a fire-retardant material specifically designed for the application to manufactured homes as skirting or consist of a permanently installed masonry wall. Such skirting shall close off the area between the manufactured home body and the slab.

The skirting shall be capable of removal to provide access to the closed off area or, in the case of masonry walls, contain two doors or openings on opposite sides of the structure to allow access to the closed off area for maintenance and emergency access.

The structure frame of the manufactured home must be securely attached to the foundation or concrete slab in four or more locations to ensure stability of the manufactured homes.

Permanent steps and handrails shall be constructed at all access points of the manufactured home to ensure a safe means of ingress/egress into the dwelling unit.

Construction field office. A single mobile home or manufactured unit may be temporarily located in any zoning district for use as a construction field office. A construction field office may not be installed prior to 30 days before the commencement of the construction project and must be removed within 30 days after the completion of the construction project.

Temporary placement of mobile homes or manufactured homes. It shall be unlawful to store any mobile home or manufactured home on any property within the Town of Bethel for a period in excess of 30 days.

Prohibited uses for mobile homes or manufactured homes. Mobiles homes, as a legal nonconforming use, and manufactured homes shall be used for single-family dwelling purposes only. All other uses, including but not limited to use as a warehouse, storage shed, tool shed, outbuilding or garage, are prohibited.

Nonconforming mobile homes. Any mobile home in existence at the time of the adoption of this chapter which is not in full compliance with this chapter may remain in its existing location but may not be otherwise relocated within the Town. No mobile home previously occupied as a dwelling may be converted to a use prohibited by this chapter.

An accurate boundary line survey of the property prepared by a licensed engineer or land surveyor and including the exact area of the property in both acres and square feet.

A map of existing terrain conditions, including topography with a vertical contour interval of no more than two feet, significant areas with slopes of 15% or more, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, existing stone walls, etc.

A site location sketch indicating the location of the property with respect to neighboring streets and properties, including the names of all owners of property within 500 feet thereof; this should also show the existing zoning of the property and the location of all zoning district boundaries in the surrounding area. The location of existing septic fields and wells on adjoining properties shall be shown on the map.

A preliminary site development plan indicating the approximate location, height and design of all buildings, the arrangement of parking areas and access drives and the general nature and location of other proposed site improvements, including recreational facilities, landscaping and screening, the stormwater drainage system, water and sewer connections, and/or central subsurface sewage disposal systems, etc.

A generalized time schedule for the staging and completion of the proposed project.

The surface area at the high-water mark of any river, stream, lake or pond;

DEC-designated wetlands, together with a buffer of 100 feet from the edge of such designated wetlands;

Public rights-of-way for highway purposes;

For public roads without dedicated rights-of-way, a theoretical right-of-way 50 feet in width measured 25 feet each side of the center line of such public road;

Utility easements, except for utility easements relating to the provision of utility services to individual structures;

Fifty percent of any land area located within the one-hundred-year floodplain as designated by FEMA.

Units per building. There shall be no more than 10 dwellings in each multifamily building.

[2]Building setbacks. All building setbacks shall be in conformance with applicable standards set forth in the Table of Use and Bulk Requirements.[3]

Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water or fire district or other agency having jurisdiction.

Where connection to existing off-site water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the New York State Department of Health and the New York State Department of Environmental Conservation. At the discretion of the Town Board, the sewage treatment system may be subject to a sewage-works agreement between the applicant and the Town Board.

Where future service by off-site water and/or sewerage systems is planned, all on-site facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed.

Traffic access shall be adequate to accommodate the anticipated traffic generation resulting from the multifamily development proposed thereon or, if not presently adequate, that necessary improvements can and will be made prior to project occupancy.

Access roads through the development shall comply with minor street requirements as specified in this chapter.

No multifamily development shall be served by more than one entrance and one exit from any public highway, unless topography or other physical circumstances would preclude the use of a single entrance in a safe manner.

At least 20% of the minimum number of required parking spaces shall be designed and reserved for the use of visitors and guests.

The Planning Board may require, if deemed appropriate, the provision of suitably screened and located parking areas for the storage of recreational vehicles belonging to development residents.

All maintenance vehicles or equipment shall be stored in enclosed structures only, which structures shall conform in architectural theme to the residential buildings of the development.

No more than 60 parking spaces shall be provided in one lot, nor more than 12 in a continuous row, without being interrupted by landscaping in accordance with standards established by § 345-16 of this chapter.

Recreation area. Each multifamily development shall comply with § 300-23 or shall include a recreation area that is designed, improved and maintained for the use of the residents of the development and their guests. The recreation area shall contain at least 400 square feet of lot area per dwelling unit and provide common active recreational facilities, such as swimming pools, playing courts (tennis, basketball, volleyball), playground equipment, etc. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.

Open space. All portions of any multifamily development, including required setback areas, shall be designed and maintained as permanent open space, free of buildings and parking areas, and shall be landscaped or preserved in a natural state in accordance with plans approved by the Planning Board.

Central antenna system. If cable television service is not available to serve a proposed multifamily development, a central radio/television antenna system shall be provided for each such development or for each grouping of attached dwelling units within it. Separate exterior antennas for individual multifamily dwelling units shall not be permitted.

Exterior lighting. Exterior lighting shall be provided according to a lighting plan approved by the Planning Board.[4]

Minimum lot size: five acres. Minimum lot size requirements may be reduced by the Planning Board pursuant to § 345-28C where an antenna is to be mounted on an existing structure and said antenna has little or no visual impact and poses no unreasonable structural health or safety risk.

Minimum yard requirements: 200 feet. Minimum yard requirements may be reduced by the Planning Board pursuant to § 345-28C where an antenna is to be mounted on an existing structure and said antenna has little or no visual impact and poses no unreasonable structural health or safety risk. Where a lot upon which a tower is to be sited is contiguous to an existing residential use or any approved residential lot, the Planning Board may require that the minimum front, side and rear yards be increased by not more than 50% of the yard requirements established in this section.

Maximum height.

The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

Minimum setbacks. The minimum yard requirements set forth in § 345-28A(7) shall apply, provided the principal use on the lot shall also continue to comply with the minimum yard requirements for the district in question.

Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

Maximum height: 50 feet above the existing building or structure, unless said structure is a tower, in which case the antenna shall not cause the structure to exceed the maximum allowable height of the tower (200 feet).

If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the minimum setback requirements for the subject zoning district, an eight-foot-high security fence shall surround the building, a buffer yard or area shall be planted as required by § 345-28B(2), and vehicular access to the building shall not interfere with the parking or vehicular circulations on the site for the principal use.

Elevations of existing and proposed structures showing width, depth and height, use statistical data on the antenna and support structure shall be presented.

An applicant intending to use a structure or share use of an existing tower for a telecommunications facility shall be required to document agreement from the owner thereof to allow the proposed use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or lease costs required to accommodate shared use.

An applicant for approval of a telecommunications facility shall include with the application evidence of written contact with tower owners and/or all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of shared or co-located facilities. In the case of a wireless telecommunications facility to be placed on an existing tower, co-location may not be required if the owner of the telecommunications facility tower provides engineering evidence that for structural, safety and operational reasons the tower cannot accommodate additional users. Should co-location not be feasible, the applicant shall demonstrate that a good faith effort has been made to mount any antenna on an existing building or structure, including proof of contacts, building investigations and similar evidence. Should such efforts fail to result in a suitable site, a new tower may be permitted.

An applicant for any proposed new wireless telecommunications facility tower over 60 feet in height shall have such tower designed structurally, electrically, mechanically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users. New towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

The name, address and telephone number of the applicant;

The location of the proposed telecommunications facility, including the applicable section, block and lot number and street address;

In the case of a tower, a sketch drawing showing the boundary lines of the parcel in question, the location of the tower and the proposed designated fall zone;

A description of the telecommunications facility, including the reasons supporting the need for an issuance of a permit under this section;

A description of any abatement measures to be taken with respect to any anticipated impacts, including visual impacts;

Any other such information as reasonably requested by the Town Board; and

Evidence that notification of the application for the permit has been given to each property owner within 500 feet of the boundary line of the parcel upon which the telecommunications facility is proposed to be located, the content of such notification and the manner in which such notification has been given. Such notice must be given by certified mail, return receipt requested, personal service or such other manner of service expressly authorized by the Town Board. The notification shall state that any person objecting to the granting of such permit may appear at the next Town Board meeting at which the application will be addressed or, if a public hearing has been scheduled, at the public hearing. The notification shall provide the time and date of the applicable Town Board meeting or public hearing, if known at the time of service.

Any use, construction, improvement, license or permit for which a site plan is expressly required by the terms of the Town Code;

The development or redevelopment of any real property or structure for a use or change in use that proposes a building or structure in excess of 1,500 square feet of cumulative gross floor area or a structure that will be used for two or more commercial uses;

The development or redevelopment of any property requiring the issuance of a special use permit or where provided in this chapter that a particular use is subject to site plan approval;

The expansion or relocation of any existing use resulting in a building, structure or disturbed area in excess of 1,500 square feet of cumulative gross floor area;

The paving of nonresidential parking areas and associated driveways for purposes of reviewing stormwater facilities and to ensure adequate landscaping and screening;

The grubbing, filling, grading or clearing of more than one acre of land;

The construction of a road or accessway of more than 150 feet in length, the terminus of which is on a Town highway and for which a driveway permit is required pursuant to § 294-8 of this Code; and

The authorization for an occasional or temporary commercial outdoor recreational facility. Notwithstanding anything herein to the contrary:

Traffic access: that all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.

Circulation and parking: that adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.

Landscaping and screening: that all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees with a caliper in excess of six inches shall be retained to the maximum extent possible. Existing trees with a caliper in excess of six inches shall be retained to the maximum extent possible.

Stormwater management. It shall be the policy of the Town of Bethel to ensure that any increase in the rate of stormwater runoff is mitigated using New York State Department of Environmental Conservation best management practices. Furthermore, it is also the policy of the Town of Bethel to ensure that any proposed development shall not have an adverse impact on the quality of the Town's water resources, including its ponds, lakes, streams, wetlands, and similar features, from pesticides, herbicides, road pollutants, and chemicals used in association with light industrial, automotive-related or other uses. As a condition of any site plan approval, the Planning Board may require that appropriate water quality protection devices be incorporated into the site plan.

Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) for construction activities shall be required for site plan approval if the applicant intends to file a notice of intent for a stormwater general permit with the New York State Department of Environmental Conservation (DEC). The SWPPP shall meet the performance and design criteria and standards required by the DEC in its administration of the SWPPP program.

Aquifer and wellhead protection. All improvements shall be constructed in a way to minimize any impacts on drinking water supplies. The Planning Board may impose conditions so as to protect wellhead areas and aquifers that currently serve, or have the capacity in the future to serve, as drinking water supplies.

The lot, block and section number of the property as shown on the most recent tax records.

The name and address of the record owner and of the developer/applicant if different from the record owner.

An endorsement of the record owner or of the developer/applicant if different from the record owner.

The name and address of the person, firm or organization preparing the map, together with the license number and seal if appropriate.

The date the plan was drawn and the dates of all revisions.

The direction of north.

The scale of the plans.

A sufficient description or information to precisely define the boundaries of the property and the dimensions and area of the lot.

The name, location and width of all streets within 200 feet of the lot.

The location and owner(s) of all adjoining lands as shown on the most recent tax records.

The location and width of all easements and/or rights-of-way on the property, together with any offers of dedication establishing easements and the location of the easements.

A complete outline of existing deed restrictions or covenants applying to the property.

The zoning district(s) in which the subject property is located.

A Key Map, preferably at a scale of one inch equals 2,000 feet, showing the relationship of the site to municipalities, hamlets, highways and streets, marshes, wetlands, rivers, lakes and other natural features.

The existing topography of the site and immediately adjacent property as revealed by contours or key elevations, together with any proposed regrading of the site. The Planning Board shall determine the contour lines on a project-by-project basis.

The location of existing on-site watercourses, wetlands, steep slopes or other environmental constraints as described herein.

The exact dimensions and location on the lot of all existing and proposed buildings, structures and/or accessory buildings, together with proposed elevations and floor plans.

The location and dimensions of all curb cuts, access drives, parking areas and loading areas, together with appropriate profiles.

Locations, dimensions, grades and flow directions of existing and proposed culverts and other stormwater drainage facilities, as well as other underground and aboveground utilities within and adjacent to the property.

The location, size and flow direction of all existing and proposed sewer lines and sewage disposal systems.

The location, size and flow direction of all existing and proposed water lines and water supply systems.

The location and dimensions of existing and proposed signs.

The location, direction, power and duration of use for all existing and proposed outdoor lighting and public address systems.

Any contemplated public improvements on or adjoining the property.

If the site plan indicates phased development, a supplementary plan shall indicate ultimate development and set out the phasing lines.

Any other information deemed appropriate or necessary by the Code Enforcement Officer, Planning Board or Zoning Board of Appeals, as the case may be.

By publishing a notice in the official newspaper.

By posting a notice of the hearing in at least one public place.

By requiring the Secretary to the Planning Board to serve notice of the date, time, place and substance of the hearing by certified mail, return receipt requested, on all property owners within 500 feet of the boundary line of the property on which such site plan is proposed to be located.

By providing such other notice as may be required by Article 12-B of the General Municipal Law, applicable regulations of the State Environmental Quality Review Act or other applicable law. No action shall be taken on applications referred to the County Planning Department until the requirements of Article 12-B of the General Municipal Law have been satisfied.

An application is filed with the Code Enforcement officer seeking reapproval of that site plan in question;

The application fee, if any, is paid; and

The application relies upon a previously approved site plan with no substantial changes proposed.

The entity or officer that initially approved a site plan under this section, whether it be the Planning Board or Code Enforcement Officer, may authorize reapproval of a site plan if, in its sole discretion, it determines that:

In its sole discretion, the Planning Board may review any application seeking a reapproval of a site plan initially approved by the Code Enforcement Officer.