Cochecton City Zoning Code
ARTICLE V
Supplementary Regulations
§ 240-19 Landscaping standards.
The Planning Board shall, to assure an acceptable buffer between adjacent residential and nonresidential uses and create a healthy, safe and aesthetically pleasing environment in the Town, require a landscape plan be prepared as part of any special use application. Such a plan shall also be required whenever any nonresidential use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses.
The landscape plan shall specify locations of all mature shade trees or other species of six-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors, and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall, too, be provided as part of the plan. Noninvasive species shall be used.
Landscape plans shall be prepared by a licensed landscape architect or other design professional qualified to perform such services and include consideration of all man-made and natural features, including signs.
The Planning Board, in reviewing a landscape plan, may employ the assistance of design professionals and seek the nonbinding advice of interested civic organizations concerned with community beautification.
The Planning Board shall also specifically consider the following before approving, approving with modifications or disapproving the special use:
The plan should promote attractive development, preserve existing vegetation to the maximum extent possible, enhance the appearance of the property and complement the character of the surrounding area.
The plan should use landscaping to delineate or define vehicular ways and pedestrianways and open space.
The plant material selected should be of complementary character to buildings, structures and native plant species and be of sufficient size and quality to accomplish its intended purposes.
The plan should effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment.
The plan should be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to Zone 4.
Consideration and determination of the adequacy of the above plan requirements are at the Planning Board's discretion.
Landscaping standards. All new landscaping required shall meet the following minimum specifications:
The minimum branching height for all shade trees shall be six feet.
Shade trees shall have a minimum caliper of three inches (measured four feet above grade) and be at least 12 feet in height when planted.
Evergreen trees shall be a minimum of six feet in height when planted.
Shrubs shall be a minimum of 24 inches in height when planted. Hedges shall form a continuous visual screen within two years after planting.
A buffer screen at least 15 feet in width along any residential lot line shall be provided. It shall include, at a minimum, an opaque wooden stockade fence six feet in height and one evergreen tree for every 15 linear feet of property line. An additional row of evergreens meeting these standards and offset such that each row serves to place trees between the gaps of the other shall be permitted as a substitute for the stockade fence.
A landscape strip, at least 15 feet in width, that includes at least one deciduous tree for every 35 linear feet of perimeter lot line shall be required for any nonresidential use. Such deciduous trees shall also be accompanied by smaller shrubs and ground cover as may be required to effectively separate and buffer the activity from the highway but still allow for visibility of the use. The width of this buffer may be reduced along the rear and side lot lines for good cause, but not along the front lot line.
All lot area (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other appropriate cover.
The preservation of mature shade trees shall be required unless there is no alternative but to remove them. These may be used to meet requirements of this section, provided the Code Enforcement Officer or Planning Board, as the case may be, determines the purpose of this section is achieved.
Where it is determined that a proposed special use would not have a significant impact on the natural environment, adjoining landowners or the view from a public highway, these requirements may be appropriately modified but not be waived unless no new construction is involved.
A performance guarantee in a form acceptable to the Town Attorney in the amount of 125% of the cost of materials and installation may be required to assure that all landscaping survives in a healthy condition one full year. The Code Enforcement Officer or Planning Board, as the case may be, shall determine the amount of the guarantee and consider financial impacts of this requirement on the project. The Code Enforcement Officer shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunted or infested plant materials.
All applicable requirements of these landscaping regulations shall be fully met prior to the Code Enforcement Officer granting a certificate of occupancy for a new building or use subject to these regulations.
§ 240-20 Parking, loading, access and traffic standards.
Off-street parking, loading and unloading facilities shall be provided as necessary in connection with every use. Single-family and two-family residential uses shall be provided with two off-street parking spaces per dwelling unit. Parking needs with respect to all other uses shall be determined in conjunction with site plan review. The amount of parking required shall be based on the following factors:
Industry studies of parking needs for the type of use proposed or actual case-study comparisons for projects of similar character. The Planning Board may require the developer or applicant to gather and submit such data in support of its proposed parking provisions. The National Parking Association and the Urban Land Institute are examples of such industry sources.
The characteristics of the proposed customers, residents, occupants or visitors to a given facility. Housing for the elderly would, for example, require fewer spaces per dwelling unit than time-shared recreational units, though the number of dwelling units might be the same.
The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.
Recommendations, if any, from other public agencies or information sources which suggest, based on experience, the appropriate amount of parking in connection with a given use.
The likelihood that parking will be shared with adjoining facilities, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.
Each parking space shall consist of not less than an average of 270 square feet of usable area for each motor vehicle, including interior driveways, driveways connecting the garage, or parking space, with a street or alley. Garages, carports, and driveways not in the public right-of-way may be considered parking spaces.
Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.
All parking areas which are designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control. The following minimum layout standards shall apply:
No more than 12 parking spaces shall be allowed in a continuous row uninterrupted by landscaping. Raised planting beds shall be located at intervals of 12 spaces and at the end of each row. Such beds shall be a minimum of five feet in width and each planted with at least one shade tree of one-and-one-half-inch caliper. The remainder of the bed shall be surfaced with flowers, grass, ground cover, low-maintenance shrubs and/or mulches (no crushed stone or chips).
Planting beds meeting the above standards shall also be required along the perimeter of all parking areas and between parking areas and buildings. The area between a parking area and any building shall be a minimum of 10 feet in width, however.
No parking areas shall be designed such that a vehicle might directly back out onto a public highway or through road within the development. Traffic flows through a parking area shall be minimized and limited to connections from one lot to another and to the public highway or through road.
All parking spaces associated with commercial uses shall be located not more than 300 feet distant from the nearest entrance to the inside of the structure wherein the enterprise is situated.
Parking areas shall generally be located in the rear yard of any use, with the principal building situated near the front lot line as permitted by Schedule of District Regulations.[1] This is for the purpose of maintaining the continuity of the building line along any highway and avoiding the effective merger of parking areas along a highway into one mass of pavement where entrances and exits become difficult to identify.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
Any building erected, converted or enlarged for commercial, office, manufacturing, wholesale, institutional or similar uses shall, in addition to the off-street parking space required above, provide adequate off-street areas for loading and unloading of vehicles. Public rights-of-way shall, under no circumstance, be used for loading or unloading of materials. The minimum size loading space shall be 60 feet in depth and 12 feet in width, with an overhead clearance of 14 feet.
Access to and from all nonresidential off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:
Access drives shall not open upon any public right-of-way within 80 feet of the nearest right-of-way line of any intersecting public street or highway or where the sight distance in either direction would be less than 200 feet. Access drives onto state highways shall be subject to New York Department of Transportation standards.
There shall be no more than one entrance and one exit to any business or commercial use parking area on any one highway, unless safety considerations should demand it. Entrances and exits shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrance and exits. In no case shall one entrance and exit be located within 80 feet of any other on the same property or adjoining property along the same public right-of-way. Nonconforming lots, however, may be exempted from this requirement.
All access drives shall be subject to the requirement of obtaining a road occupancy or street encroachment permit from the Town of Cochecton Highway Superintendent, the Sullivan County Department of Public Works or the New York State Department of Transportation, as the case may be, and approval of any permits hereunder may be conditioned upon the application for and/or receipt of such permits from these authorities.
No use shall be permitted which requires year-round access from a Town highway which has been designated by the Town of Cochecton Town Board as a low-volume or minimum-maintenance seasonal highway pursuant to § 205-a of the New York State Highway Law.
All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property lines by a planting strip at least 20 feet in depth, landscaped according to § 240-19E.
Traffic impact study.
The Planning Board, at its discretion, may require a traffic impact study with any special use application involving an activity likely to generate more than 300 trip-ends per day based on the following daily rates:
Residential uses | 9.6 trip-ends per dwelling unit | |
Industrial uses | 3.3 trip-ends per employee | |
Restaurants | 7.9 trip-ends per seat | |
Fast-food restaurant | 23.9 trip-ends per seat | |
Convenience market | 605.6 trip-ends per 1,000 square feet gross floor area | |
Supermarket | 177.6 trip-ends per 1,000 square feet gross floor area | |
Car wash | 108.0 trip-ends per car stall | |
Offices | 6.0 trip-ends per employee | |
Other commercial uses | 50.0 trip-ends per 1,000 square feet gross floor area | |
Institutional uses | 4.0 trip-ends per employee | |
Other uses | See "Trip Generation" - Institute of Transportation Engineers |
The study shall examine existing and projected traffic flows before and after development and generally follow the guidelines set forth for such studies by the Institute of Transportation Engineers. Its purpose shall be to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access to the site from the network. It shall identify solutions to potential problems and any improvements needed. The scope of the study shall be approved in advance by the Planning Board, with the final product incorporated in the SEQR submission.
§ 240-21 Signs.
All signs shall comply with the standards provided below, and permanently placed signs of 12 square feet or more in surface area on one side shall require sign permits issued by the Code Enforcement Officer.
An application for a permit to install or relocate a sign shall be submitted on a form obtained from the Code Enforcement Officer, together with the fee required. Every application shall include a graphic presentation of the placement and appearance of the proposed sign. This presentation shall depict the location of the sign in relation to buildings and property features, any method of illumination, the graphic design (including symbols, letter, materials and colors) and the visual message, text copy or content. Written consent of the property owner shall also be provided.
All freestanding signs and signs of 24 square feet or more in total surface area on one side shall be submitted to the Planning Board for review and approval prior to permit issuance.
All applications not requiring Planning Board approval shall be acted upon by the Code Enforcement Officer within 15 days of receipt. All applications submitted to the Planning Board shall be acted upon within 62 days of receipt.
The Planning Board shall review sign applications relative to the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. It may approve, approve with modifications, or disapprove signs. Approval shall be based on consistency with the design criteria listed below:
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.
Permanent homemade signs shall be subject to the same design criteria as specified above.
The Planning Board shall be authorized to clarify and expand upon these review criteria, provided it shall do so in writing and its actions are consistent with the intent of this chapter. It may also develop design examples and other materials to visually explain these review criteria. Where the Planning Board is not directly involved, the Code Enforcement Officer shall apply these criteria but may consult with the Planning Board to whatever extent he or she shall deem appropriate under the circumstances.
The following regulations shall apply to all signs:
All signs shall be removed within seven days thereafter when the reasons for their erection no longer apply.
Signs shall not be permitted on the roof or above the roofline of the building to which they are attached.
No part of any sign shall project above the top or beyond the ends of the wall surface upon which it is located.
Signs other than official traffic signs shall comply with side yard setbacks as established for principal structures in the district where the sign is located.
No sign, except a public sign, visible from a public street, shall use the words "stop," "danger," or any other word, phrase, symbol or character which could be interpreted by a motorist as being a public safety warning or traffic sign.
No light shall be permitted that, by reason of intensity, color, location, movement or directions of its beam, would be a distraction or would otherwise interfere with public safety.
No sign shall be attached to any tree, fence, utility pole or other object not intended for such use.
A portable sign shall be considered a freestanding sign and shall be subject to all regulations pertaining to such signs. All portable signs shall require permits, however.
No sign shall exceed in height 1/2 its distance from the highway right-of-way, notwithstanding any other height limitation which may also be applicable.
Business and commercial property owners are encouraged to submit master signage plans for their properties, which plans shall specify the location, dimensions, type, design and number of all signs to be erected on the property now or in the future. Such plans shall be prepared by a landscape architect, architect, sign designer, engineer or other qualified professional and shall identify existing signs, signs proposed for installation, anticipated future sign locations, temporary sign locations and the design criteria which shall apply to all signs to be erected on the property. These plans shall be adopted by the property owners, who shall agree that all signs to be constructed by them or any of their tenants or occupants now or in the future shall comply with the standards therein. A master signage plan may also be submitted for multiple properties, provided they are contiguous.
All master signage plans shall be submitted for approval to the Planning Board, which shall, in reviewing and acting upon the plans, be guided by the design review criteria provided above. The Board, in acting upon a master signage plan, may waive any of the standards contained herein relating to numbers or sizes of any signs, other than pole signs and projecting signs, provided it is satisfied the master signage plan will meet the review criteria and the specific purposes of this chapter. When the Board has approved such a plan, no further permits will be required for any sign which is in compliance with the plan.
The owner, lessee or occupant of any parcel of land in the Town may erect and maintain on such land not more than one freestanding sign or one freestanding sign per 200 linear feet of lot frontage. More than three signs shall require special use permits.
If such signs are pole signs or portable signs, they shall not exceed 24 square feet each in surface area or 10 feet in height and shall be set back from the edge of the highway right-of-way line no less than 25 feet. All pole signs shall be separated by a distance of no less than 100 feet.
If such signs are ground signs, they shall be permitted, provided they do not exceed 64 square feet in surface area each or six feet in height.
Nameplate signs shall be permitted on all lots, provided they do not exceed two square feet in surface area or one in number per lot.
The signs actually physically attached to the supporting wall of a business building shall not be counted in the number of signs permitted hereunder, but shall be limited in total coverage for all signs to a maximum of 10% of any wall surface area.
Nothing herein contained shall prevent:
Signs bearing the words "sold" or "rented" or similar phrases, together with the name of the person effecting sale or rental. Such signs shall be removed within 14 days after the sale, rental or lease.
Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer or other person interested in such sale or development, provided:
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.
Signs to provide for the normal and safe flow of traffic into and out of the place of business, such as entrance, exit and parking signs, shall be permitted in excess of the limitations provided herein. Such signs shall be of a size no greater than necessary for persons of normal vision to observe.
Bus shelter signs shall be considered freestanding signs and shall be subject to all regulations pertaining to such signs.
Special advertising or temporary business identification signs or banners not exceeding 64 square feet in total surface area shall be permitted, including, but not limited to, signs announcing to the general public any special events such as commercial sales days, cultural or entertainment attractions, or charitable activities. These shall be permitted for the length of the activity, but in no case exceeding seven days after the event or 30 days prior. Political and yard sale signs shall be permitted on the same basis.
Where permitted, signs shall be illuminated only by a steady, stationary (excepting for indicators of time and temperature), shielded light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises. The illumination shall not make the sign resemble traffic signals or be excessively bright.
Existing nonconforming signs may be repaired or reconstructed on the same site but shall not be relocated or increased in size. All nonconforming signs shall be removed within five years of the enactment of this chapter. During the interim, any nonconforming sign connected with a change of business, abandoned for sign purposes for more than 90 days or damaged to the extent of 50% or more of the replacement cost value, shall be immediately removed.
No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsightly or in disrepair so as to endanger the public or to become a public nuisance.
In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the governing body may institute appropriate legal action to end the violation and abate the nuisance.
§ 240-22 Floodplain development standards.
There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas on the Flood Hazard Boundary Maps for the Town of Cochecton, as issued by the Federal Insurance Administration or its successor. This district shall be an overlay zone, within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted which does not comply with the provisions of Chapter 115, Flood Damage Prevention, as amended.
§ 240-23 Home-based businesses.
Home-based businesses, including businesses which rely upon attraction of the general public (e.g., retail sales) are permitted as accessory uses in some districts and as special uses in others, provided they do not detract from the residential character, appearance (handicapped access notwithstanding), or makeup of the neighborhood in which the business is located. Because of the need these types of businesses may have for advertising and display, and the unpredictability of traffic generation, owners of such businesses must be very cautious about how they operate their business to ensure they do not adversely impact the surrounding neighborhood. The following factors shall be used to determine if a home-based business will comply with or is in violation of this chapter. The determination can be made on any one, or a combination, of these factors and shall be made by the Planning Board in the case of special uses or the Code Enforcement Officer in the case of accessory uses.
Extent of the business. Whether or not the residential use is still the primary use of the property. Factors that shall be used to determine the primary use of the property shall include, but are not limited to, the area of the property used for the business and the amount of time the business is operated on a daily basis. Employees on site shall be limited to two, other than immediate family members residing on the premises.[1]
Appearance from an adjacent street. Whether or not the use of the property as a business is distinguishable from an adjacent street. Except for a nonilluminated, permanent identification sign no larger than six square feet in size attached to the principal structure and occasional deliveries, there shall be nothing that occurs on the property that can be observed from adjacent streets that makes it readily apparent that a business is being operated on the premises. In cases where the principal structure is obscured from the street, or the structure is set back more than 50 feet from the property line, a nonilluminated ground sign not to exceed 12 square feet may be used. Factors for evaluating this standard shall be that the residential dwelling not be altered to change its residential appearance, and no activity related to the conduct of the home-based business shall be permitted to occur in such a manner as to be obtrusive to the neighborhood, attract attention to the business or adversely impact the residential character of the neighborhood.
Impact on the neighborhood. Whether or not the business activity is causing a nuisance to surrounding property owners; is adversely impacting the peace, health, or safety of neighborhood residents; and/or is causing a deviation from the residential character of the neighborhood. Factors for evaluating this standard shall be:
Traffic. Whether or not the business is generating traffic that is excessive and/or detrimental to the neighborhood. A home-based business will be allowed to generate no greater than 25 vehicle trips per day, based on estimates provided by the Institute of Transportation Engineers. However, based on the characteristics of a specific neighborhood, these amounts may be lowered or raised, at the discretion of the Planning Board. The factors which shall be used for such a determination include, but are not limited to, pertinent characteristics of the neighborhood such as width of properties, width of the streets, hills, curves, and the number of children present.
Parking. Whether or not parking problems could result from the business use. Factors which shall be used to evaluate this criteria include, but are not limited to, the following:
Parking required for the business shall be provided on site;
Parking on the property shall be on a surface equal in quality to the paving surface of any existing driveway, unless there is no surface other than the ground, in which case a gravel surface shall be provided at a minimum; and
No home-based business shall be permitted which requires parking of tractor-trailer combinations along the street on a continuing basis.
Nuisance. Whether or not the business activity is causing a nuisance to surrounding property owners or is deviating from the residential character or appearance of the neighborhood.
No home-based business, having once been permitted or established, shall be added to, expanded, enlarged or otherwise increased or changed substantially in character without complying with this chapter, and such permission or establishment shall not be a basis for a later application to establish a principal commercial use. Moreover, the conversion of a residence with a home-based business to a commercial use by the abandonment of the residence or sale, rent or transfer of the business to a party which does not reside on site is strictly prohibited, unless the business is then moved off site.
§ 240-24 Adult-oriented businesses.
Adult-oriented businesses, which are permitted special uses in the Rural Development District, can have serious negative impacts on surrounding areas, including declines in property values, degradation of neighborhoods, increases in crime and deterioration of community character. This has been substantiated by a number of studies conducted throughout the United States. The Town of Cochecton has considered the findings of these studies and those incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); and Northend Cinema, Inc. v. Seattle, 585 P.2d 1153 (Wash. 1978). The Town's intent in enacting this section is not to restrict speech protected by the First Amendment but rather to provide for it in a way which is consistent with the demands of the United States Constitution, as expressed in the referenced cases. It is also, however, intended to address, in a practical way, the very real secondary affects of adult-oriented businesses on the peace, good order and safety of Town residents. So as to limit these impacts, such uses shall be subject to the following standards:
Because adult-oriented businesses can lend themselves to ancillary unlawful and unhealthy activities, they shall be separated from other uses which could be severely impacted by their presence or which, in combination with the adult-oriented business, accentuate the negative impacts on the area. Adult-oriented businesses, therefore, shall not be located within 1,000 feet of any residence, residential facility, institution, health facility, church, synagogue, school, public or semipublic use, public park or recreation facility, any other establishment which sells alcoholic beverages or any other existing adult-oriented business. This setback is consistent with the open rural character of the Town within which numerous locations exist that can meet this standard.
Sale of alcoholic beverages at an adult-oriented business shall not be permitted unless the business is being operated as a bona fide restaurant or eating and drinking establishment.
No exterior display or interior display which is visible from outside the business shall be made to identify or portray the type of activity which occurs at an adult-oriented business, excepting for one approved ground sign not to exceed a surface area of 32 square feet for both sides combined. Such sign shall be subject to all other limitations applicable to signs. It shall not incorporate any obscene material but shall be otherwise unlimited as to message.
No nonconforming building or lot shall be used for an adult-oriented business. No other existing building, lot or use shall be added to, enlarged, expanded in size or program or converted for purposes of conducting an adult-oriented business, unless application to do so has been made pursuant to this section and Planning Board approval has been given.
Because they are known to encourage prostitution, increase sexual assaults and attract criminal activity, the following activities shall not be permitted in any adult-oriented business within the Town of Cochecton:
Public appearance by a person knowingly or intentionally engaged in sexual intercourse, deviate sexual conduct or the fondling of the genitals of himself, herself or another person.
The knowing and intentional public appearance of a person in a state of nudity. "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
These prohibitions are further based on the findings of the United States Supreme Court in the case of Barnes v. Glen Theatre, 501 U.S. 560, 115 L.Ed.2d 504 (1991), and are intended to fulfill purposes identical to those upheld in that case. Moreover, there exists within Sullivan County substantial experience with these activities, which indicates they, indeed, have the types of negative impacts on the community that the Indiana statute was designed to address and produce general deterioration of the character of the area in which they were located, leading to commercial and residential blight.
§ 240-25 Renewable energy systems.
Purpose and applicability.
[Amended 5-12-2017 by L.L. No. 1-2017]
Purpose. The purpose of this section is to encourage business and residential use of renewable energy systems in the Town of Cochecton, including geothermal, solar and wind energy systems as defined herein. It is further intended to facilitate the placement of required infrastructure for such systems on building and lots, recognizing these improvements often involve special design and location requirements. This section is additionally intended to provide standards to facilitate the development and operation of both small-scale and large-scale solar energy generating systems in the Town of Cochecton, subject to the following process and other reasonable conditions that will protect the public health, safety and welfare.
Applicability. The requirements of this section shall apply to all renewable energy systems proposed, operated, modified, or constructed after the effective date of this section, including modification of existing systems.
Special definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 5-12-2017 by L.L. No. 1-2017]
Equipment that transfers thermal energy to and/or from the ground for the purposes of heating and/or cooling a building. A geothermal energy system consists of a closed-loop system of pipes filled with liquid, a heat exchanger and heat pump.
NYISO is a not-for-profit organization formed in 1998 as part of the restructuring of New York State's electric power industry. Its mission is to ensure the reliable, safe and efficient operation of the state's major transmission system and to administer an open, competitive and nondiscriminatory wholesale market for electricity in New York State.
A road that is maintained by the Town, county or state.
A person listed as an eligible photovoltaic installer by the New York State Energy Research and Development Authority (NYSERDA) or who is listed as a certified solar installer by the North American Board of Certified Energy Practitioners (NABCEP) shall be deemed to be a qualified solar installer for the purpose of this definition.
The maximum rated output of electric power production of a photovoltaic system in watts of direct current (DC).
An energy system which derives energy from resources that are regenerative. Renewable energy systems, as set forth in this chapter, shall be geothernal energy systems, solar energy systems and wind energy systems.
Space open to the sun, mostly clear of overhangs or shade, that allows the use of solar energy-generating systems on individual properties.
A group of multiple solar panels or modules linked into a single unit or system.
A photovoltaic cell, panel, array, or other device that converts solar radiation to electricity or transfers solar energy to air, water or another storage media.
An easement recorded pursuant to New York Real Property Law § 335-b, the purpose of which is to secure the right to receive direct sunlight across neighboring property to operate a solar energy-generating system.
Equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. For the purposes of this chapter, a solar energy system does not include any solar collection system of four square feet in size or less.
A combination of components that utilize solar radiation (direct, diffused, or reflected) to produce energy designed to provide heating, cooling, hot water and/or electricity, including solar photovoltaic systems and facilities and solar thermal systems and facilities. Facilities shall be classified as small-scale or large-scale based on the following criteria:
Solar photovoltaic systems with a rated nameplate capacity of up to 30 kilowatts (kW) or solar thermal systems which serve the buildings on the property. However, this provision shall not be interpreted to prohibit the sale of excess electricity from time to time to a public service agency.
Solar photovoltaic systems with a rated nameplate capacity of more than 30 kilowatts (kW) or solar thermal systems that distribute energy to multiple buildings and/or properties, and/or solar energy-generating facilities that do not otherwise qualify as small-scale for the purposes of this section.
Systems that collect and convert solar radiation directly into electricity.
Systems that collect and convert solar radiation into forms of energy for water heating, space heating, or space cooling.
Equipment used to produce electricity by converting the kinetic energy of wind to rotational, mechanical and electrical energy. A wind energy system consists of the turbine apparatus (rotor, nacelle and tower) and any other buildings, support structures, or other related improvements necessary for the generation of electric power.
General provisions.
[Amended 5-12-2017 by L.L. No. 1-2017]
Use classification. Except for systems designed to produce more than 100 kW or the equivalent in energy and large-scale solar energy-generating systems or solar power plants, which systems shall be considered light manufacturing uses for purposes of this chapter and be a special use subject to the requirements, limitations and provisions as set forth in Subsection G of this section, all renewable energy systems shall be considered accessory uses permitted in conjunction with any principal use permitted in any zoning district. Notwithstanding this classification, such accessory uses may be placed on a lot separate from the principal use they serve, provided such principal use is located in the Town of Cochecton or an adjoining municipality.
Qualified installations. No renewable energy system may be constructed installed, replaced or modified except by a qualified solar installer, qualified wind installer or qualified geothermal installer; provided, however, that homeowners may install their own renewable energy system. All renewable energy systems must be inspected and approved by a qualified third-party electrical inspector approved by the Town of Cochecton and, if connected to the local electric utility transmission grid, approved by the appropriate utility.
Replacement or modification. Replacement in-kind or modification of a solar energy-generating system may occur without Planning Board approval, provided there is no increase in total size, no change in the location of the solar energy equipment, no additional lighting, or change in facility color, but the Code Enforcement Officer/Building Inspector must be notified.
Setbacks. Renewable energy systems are not permitted within 10 feet of any property line or 35 feet of the front lot line, except for underground systems, which may extend to within five feet of a property line, provided that no standalone renewable energy system structure shall be placed within a distance equal its own height from such property line or block the majority of sunlight from entering the window of any structure on an adjoining property. Small-scale building-mounted solar energy systems, small-scale ground-mounted solar energy systems and large-scale ground-mounted solar energy systems shall also be subject to the requirements, limitations and provisions as set forth in Subsections E and G of this section.
Compliance with Building Code. Any installation of a renewable energy system shall comply with any and all applicable provisions of the New York State Uniform Fire Prevention and Building Code and associated codes.
Permit requirements. Building permits shall be required for all renewable energy system installations as defined herein.
Public service agency notification. The owner of a renewable energy system shall provide evidence that the applicable public service agency has approved the owner's intent to install an interconnected customer-owned solar energy-generating system. Off-grid solar energy-generating systems shall be exempt from this requirement.
Limitations of approvals.
Nothing in this section shall be deemed to give any applicant or system owner the right to have trees and vegetation cut down on any property, over which the applicant or system owner does not have ownership or other legal control, in order to increase direct sunlight to a solar energy-generating system.
Nothing in this section shall be deemed a guarantee against any future construction or improvements or Town approvals of future construction or improvements that may in any way impact the sunlight flow to any solar energy-generating system.
It shall be the sole responsibility of the applicant or system owner to acquire any necessary solar energy easements or rights in order to provide for and maintain appropriate solar access areas.
Freestanding and ground-mounted solar collectors, whether small-scale or large-scale, shall be screened through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area. Screening must be approved by the Planning Board.
Location.
The location of a renewable energy system shall be one demonstrably suitable and sized for such use, including, but not limited to, proper drainage and provisions for stormwater control such that the amount of water leaving the site after development shall not be greater than prior to development, and must demonstrate the ability to adequately buffer such use from surrounding properties.
A solar energy-generating system shall be located to avoid concentrated glare or reflection onto habitable structures. In addition, such a system shall be designed and located to avoid concentrated glare or reflection onto adjacent roads and shall not interfere with traffic or create a safety hazard.
Abandonment or decommissioning.
If a solar energy-generating system ceases to perform its originally intended function for more than 12 consecutive months, the owner or operator shall be required to remove the system per order of the Code Enforcement Officer/Building Inspector, including but not limited to any mounts and associated equipment, by no later than 150 days after the end of the twelve-month period.
If construction of a solar energy-generating system is not complete within six months of the commencement of such construction, it shall be deemed abandoned and the owner or operator shall be required to remove the system per the order of the Code Enforcement Officer/Building Inspector, including but not limited to any mounts and associated equipment, by no later than 150 days after the end of the six-month period. An owner/operator may seek a six-month extension of time to complete construction from the Planning Board for large-scale ground-mounted solar energy systems or from the Code Enforcement Officer/Building Inspector for small-scale ground-mounted solar energy systems.
The site shall be restored to as natural and original a condition as possible.
Additional abandonment and decommissioning requirements shall apply to large-scale Solar Energy-Generating systems as detailed in the following subsections.
Inspection and report. When, in the opinion of the Code Enforcement Officer/Building Inspector, who is hereby designated as the enforcement officer of this section, any solar energy-generating system shall be deemed abandoned or decommissioned, the enforcement officer shall make an inspection thereof and report in writing to the Town Board his or her findings and recommendations in regard to the abandonment or decommissioning.
Order; service of notice. The Town Board shall thereafter consider said report, and if it finds from said report that there are grounds to believe that such solar energy-generating system has been abandoned or decommissioned, the Town Board, by resolution, shall order it to be removed and the site restored to as natural and original a condition as possible, and shall further order that a notice shall be served upon the owner of the property or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the premises, as shown by the records of the Receiver of Taxes and/or by the records of the Sullivan County Clerk's office, by registered mail, addressed to his or her last known address, and by securely posting a copy of such notice upon said premises. For large-scale solar energy-generating systems, the Town Board shall additionally order that a notice shall be served upon the owner, operator or successor in interest of the large-scale solar energy-generating system as listed on the filed decommissioning plan or addendum thereto, by registered mail to the address listed on the filed decommissioning plan or any addendum thereto.
Contents of notice. The notice shall contain the following statements:
A description of the premises.
A statement of the particulars to establish that the solar energy-generating system has ceased to perform its originally intended function for more than 12 consecutive months.
An order requiring the same to be removed and the site to be restored to as natural and original a condition as possible.
That the removal of said solar energy-generating system and restoration of the site to as natural and original a condition as possible shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter.
Notice of hearing. Such a notice shall further provide that, in case the owner and such persons having an interest in the property or solar energy-generating system as herein prescribed wish to contest the order, a hearing will be held before the Town Board at a time and place specified, and that in the event such owner or persons having an interest shall fail to contest such order and fail to comply with same, the Town Board will order the same to be removed and for the site to be restored to as natural and original a condition as possible by the Town, and that the Town will assess all costs and expenses incurred by the Town in the removal and restoration against the land on which such solar energy-generating system is located.
Filing of notice.
A copy of the notice served in accordance with Subsection C(10)(h) of this section shall be filed in the Sullivan County Clerk's office, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided.
A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Attorney for the Town.
The Sullivan County Clerk shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
Hearing; decision.
At the time and date specified in the notice to remove and restore, the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties are heard.
At the conclusion of the hearing, the Town Board shall determine whether to revoke the order to remove and restore or continue said order and direct the owner and other persons of interest to complete the work within a specified time, which shall be reasonable as to the time needed to perform the work.
Failure to comply with order. In the event the owner and persons in interest shall fail to comply with the final order of the Town Board to remove and restore, the Town Board shall order such solar energy-generating system to be removed and the site restored to as natural and original a condition as possible and assess all the costs and expenses, including the cost of actually removing said solar energy-generating system and restoring the site, against the land on which such solar energy-generating system is located at the same time and in the same manner as general Town taxes.
New York State Real Property Tax Law exemption. The Town exercises its right to opt out of the tax exemption provisions of § 487 of the Real Property Tax Law of New York State.
Geothermal energy system standards. The following standards shall apply to all geothermal energy systems:
Location. Ground source geothermal energy systems shall be located entirely within the subject property or within appropriate easements secured for this particular purpose. No part of any such system shall be located within public rights-of-way. The heat-exchanger part of a geothermal system may also be located within a pond or lake on the landowner's property, subject to the requirements of New York State law and site plan review by the Town of Cochecton Planning Board, but no portion of a geothermal system shall be located within a stream or the Upper Delaware River.
[Amended 10-9-2013 by L.L. No. 1-2013]
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Water well protection zones. Geothermal energy systems within designated water well protection zones shall comply with all State of New York and Town of Cochecton requirements pertaining to protection of public water supply systems and be subject to site plan review by the Town of Cochecton Planning Board. Vertical or deep-bore geothermal systems are not permitted within these zones.
System design. Open-loop geothermal systems that include one or more supply wells and one or more diffusion, recharge, return or injection wells shall comply with all New York State Department of Environmental Conservation standards and be subject to site plan review by the Town of Cochecton Planning Board. Water removed from an aquifer must be returned to that same aquifer and within 50 feet vertically, in either direction, of the withdrawal point.
Small-scale solar energy-generating systems.
[Amended 5-12-2017 by L.L. No. 1-2017; 5-12-2017 by L.L. No. 1-2017]
General application.
Small-scale building-mounted and ground-mounted, solar energy systems are permitted in all zoning districts as an accessory use, provided such systems comply with the requirements of this section.
A small-scale solar energy-generating system shall provide electricity and/or hot water for the principal use and/or accessory use of a lot of record upon which the solar energy system is located. However, this provision shall not be interpreted to prohibit the sale of excess electricity from time to time to a public service agency.
Small-scale building-mounted solar energy systems.
Small-scale building-mounted solar energy systems shall include systems mounted on the top of a structure either as a flush-mounted system or as panels fixed to frames which can be mounted at an optimal angle towards the sun.
Such systems may be mounted on a principal and/or accessory structure and shall not be more than two feet higher than the highest point of the roof to which they are mounted. Notwithstanding the foregoing, the height must not exceed 35 feet.
In order to ensure firefighter and other first responder safety, in accordance with the New York State Uniform Fire Prevention and Building Code, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop and building-mounted solar collectors.
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
Alternative access opportunities (such as from adjoining roofs);
Ground-level access to the roof area in question;
Adequate ventilation opportunities afforded by the panel set back from other rooftop equipment;
New technology, methods, or other innovations that ensure adequate emergency responder access, pathways, and ventilation opportunities.
Prior to obtaining a building permit from the Code Enforcement Officer/Building Inspector, applicants shall submit a report prepared and sealed by a registered design professional that documents the suitability of the proposed system, including the ability of the structure being mounted upon to support the additional imposed loads.
Small-scale ground-mounted solar energy systems.
Small-scale ground-mounted solar energy systems have solar panels that are freestanding and structurally mounted directly to the ground.
The height of such systems shall not exceed 10 feet when oriented at maximum tilt unless a variance is obtained from the Zoning Board of Appeals.
Such systems and related mechanical equipment shall not be located in the front yard, and shall conform to the rear and side yard requirements of the applicable zoning district.
The total surface area of such a system, regardless of the mounted angle, shall be considered impervious and calculated in the building coverage of the lot of record on which the system is located.
The total surface area of such a system shall not exceed 1,200 square feet. Ground-mounted systems greater than 1,200 square feet may seek approval as large-scale solar energy-generating systems as provided for elsewhere in this section.
All plumbing and/or power transmission lines from a ground-mounted solar energy-generating system shall be located underground.
The total surface area of all ground-mounted and freestanding solar collections on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot, provided that nonresidential placements exceeding this size may be approved by the Planning Board.
Wind energy system standards. The following standards shall apply to wind energy systems, all of which shall be subject to site plan review by the Town Planning Board:
Height. The height of a wind energy system shall be the minimum necessary to produce usable power. No part of any wind energy system, accessory or otherwise, including the rotor blades while in operation, shall exceed 75 feet above ground level or 20 feet above the base height limit of the underlying zone, whichever is greater. The height may be increased to a maximum of 150 feet on parcels of five or more acres by the Town of Cochecton Planning Board, subject to site plan review and findings that granting of the additional height would allow use of a wind energy system where none would otherwise be practical and the support structures are designed to blend in with the architectural character and/or landscape of the surrounding area.
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Size. The maximum diameter of rotor blades shall be no more than 10 feet, provided that this diameter may be increased to a maximum of no more than 15 feet, where such increased rotor diameter is documented as the minimum necessary to produce usable power.
Clearance of blades. No part of a wind energy system shall extend within 10 feet of the ground. No blades shall extend over parking areas, driveways or sidewalks.
Noise. Wind energy systems shall not exceed 45 dBA, as measured at the nearest adjacent property line. A noise study verifying that the maximum level is not being exceeded may be required to be submitted where equipment is to be located within 100 feet of a property line.
Transmission lines. Power transmission lines from the tower to any building or other structure shall, to the maximum extent practicable, be located underground.
Communications equipment. No television, radio or other communications antennas may be affixed or otherwise made part of any wind turbine, except with approval by the Town of Cochecton Planning Board based upon site plan review to ensure such equipment will not interfere with existing communications equipment or overwhelm the primary purpose of generating renewable energy.
Visual impacts. No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures. Other measures to reduce the visual impact of wind turbines shall also be employed to the maximum extent practicable. Monopole towers shall be used wherever practicable. All structures in a project shall be finished in a single, nonreflective matte-finished color or a camouflage scheme. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
Commercial wind generation systems. Wind energy systems with a rated capacity of more than 100 kW that are intended to produce power for distribution on the utility grid shall be subject to the following standards and special use procedures:
All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.
No television, radio or other communications antennas may be affixed or otherwise made part of any wind turbine, except with approval by the Town of Cochecton Planning Board. Applications may be jointly submitted for wind turbine and telecommunications facilities.
No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.
No tower shall be lit, except to comply with Federal Aviation Administration (FAA) requirements. Minimum security lighting for ground-level facilities shall be allowed as approved on the wind energy facility development plan.
All applicants shall use measures to reduce the visual impact of wind turbines to the extent possible. Wind turbines shall use tubular towers. All structures in a project shall be finished in a single, nonreflective matte-finished color or a camouflage scheme. Wind turbines within a multiple-wind-turbine project shall be generally uniform in size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
Guy wires shall not be permitted except to address unique safety issues, and then only with specific permission by the Planning Board in the form of a waiver.
No wind turbine shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other communications systems would produce electromagnetic interference with signal transmission or reception. If it is determined a wind turbine is causing electromagnetic interference, the operator shall take necessary corrective action to eliminate this interference, including relocation or removal of the facilities or resolution of issues with the affected parties. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy facility permit for the specific wind turbine or wind turbines causing the interference.
All construction debris shall be removed from the site or otherwise disposed of in a manner acceptable to the Planning Board.
Wind turbines shall be designed to minimize the impacts of land clearing and the loss of important open spaces. Development on agricultural lands shall follow the Guidelines for Agricultural Mitigation for Windpower Projects, published by the State Department of Agriculture and Markets, to the maximum extent practicable.
Wind turbines shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity. None shall be located in the Upper Delaware River corridor.
No shadow flicker shall be permitted on any off-site residences.
All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
Wind energy facilities shall be gated or fenced to prevent unrestricted public access to the facilities and reduce any attractive nuisance aspects of the use.
Warning signs shall be posted at the entrances to the wind energy facility and at base of each tower warning of electrical shock or high voltage and containing emergency contact information.
No climbing pegs or tower ladders shall be located closer than 15 feet to the ground level at the base of the structure for freestanding single pole or guyed towers.
The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.
Wind turbines shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.
Construction and delivery vehicles for wind turbines and/or associated facilities shall propose, and the Planning Board shall approve or modify, designated traffic routes to minimize traffic impacts from construction and delivery vehicles, wear and tear on local roads and impacts on local business operations.
The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a wind turbine. A public improvement bond may be required prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to Town or county roads if any of these roads will be among the designated traffic routes. The applicant shall consult with the Town Highway Superintendent and/or the Sullivan County Department of Public Works to obtain a written recommendation for bonding form and amount, which form and amount shall be approved by the Planning Board.
The applicant shall provide predevelopment and post-development photographic evidence of the condition of any Town or county roads along the proposed route.
Each wind turbine shall be set back a distance of 500 feet or 1 1/2 times the total height of the largest wind turbine, whichever shall be greater, from any public road, off-site residence, lodging facility, public building, church and other institution. No wind turbine shall be located within its own total height of a site boundary line.
The statistical sound-pressure level generated by a wind turbine shall not exceed L10 - 30 dBA, measured at the nearest residence located off the site. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. Independent verification by an acoustical engineer certified with the Institute of Noise Control Engineering shall be provided before and after construction demonstrating compliance with this requirement. In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in this subsection shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound-pressure level in the band, including the tone, exceeds the arithmetic average of the sound-pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz. Should the ambient noise level (exclusive of the development in question) exceed the applicable standard given above, the applicable standard shall be ambient dBA plus five dBA. The ambient noise level shall be expressed in terms of the highest whole number sound-pressure level in dBA which is exceeded for more than six minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public buildings. Ambient noise-level measurements shall be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation.
The applicant shall fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as biannually, or more frequently upon request of the Planning Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the wind energy facility permit and this chapter and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Planning Board to cure any deficiency. An extension of the ninety-day period may be considered by the Planning Board, but the total period may not exceed 180 days.
If any wind turbine remains nonfunctional or inoperative for a continuous period of 24 months, the applicant shall remove said system at its own expense following the requirements of the decommissioning plan. Removal of the system shall include at least the entire aboveground structure, including transmission equipment and fencing, from the property. This provision shall not apply if the applicant demonstrates to the Town that it has been making good faith efforts to restore the wind turbine to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing. Nonfunction or lack of operation may be proven by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. The applicant shall make available (subject to a nondisclosure agreement) to the Planning Board all reports to and from the purchaser of energy from individual wind turbines, if requested and necessary to prove the wind turbine is functioning, which reports may be redacted as necessary to protect proprietary information. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town, in a form approved by the Town, for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant. All decommissioning bond requirements shall be fully described in the decommissioning plan.
A wind turbine shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all noise requirements and other permit conditions. Should a wind turbine become inoperable, or should any part of the wind turbine be damaged, or should a wind turbine violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Planning Board. The applicant shall have 90 days after written notice from the Planning Board to cure any deficiency. An extension of the ninety-day period may be considered by the Planning Board, but the total period may not exceed 180 days. Should a wind turbine not be repaired or made operational or brought into permit compliance after said notice, the Town may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame or order revocation of the wind energy facility permit for the wind turbine and require its removal within 90 days. If the wind turbine is not removed, the Planning Board shall have the right to use the security posted as part of the decommission plan to remove the wind turbine.
Large-scale solar energy-generating systems or solar power plants.
[Added 5-12-2017 by L.L. No. 1-2017[1]]
General application. Large-scale solar energy-generating systems are only permitted in the (AC) Agriculture Conservation, (RU) Rural Development, and (HD) Hamlet District zoning districts as a special use.
Site plan requirements. Large-scale solar energy-generating systems or solar power plants require a site plan and drawings of the solar energy-generating system signed by a licensed professional engineer. Site plans should include those items generally required for special use site plans as detailed in this chapter as well as the following:
A description of the solar energy-generating system or solar power plant and the technical, economic and other reasons for the proposed location and design.
One- or three-line electrical diagram detailing the solar system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices.
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.
A photograph of the property demonstrating its current condition.
Confirmation that the solar energy-generating system or solar power plant complies with all applicable federal and state standards.
Documentation of the major system components to be used, including the photovoltaic panels, mounting system batteries and inverter.
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
Information on noise (inverter) and reflectivity/glare of solar panels and identifying potential impacts to nearby properties.
Location of the nearest residential structure(s) on the site and located off the site, and the distance from the nearest proposed solar energy-generating system equipment.
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
A construction schedule describing commencement and completion dates, including a traffic analysis with a description of the routes to be used by construction and delivery vehicles.
List of property owners, with their mailing addresses, within 500 feet of the outer boundaries of the proposed site.
A full environmental assessment form, as provided by the New York State Environmental Quality Review Act (SEQRA), shall be prepared for the solar energy facility. This full environmental assessment shall, at a minimum contain a visual impact study, a study of light reflection, a fire protection and emergency response plan, and evidence of potential impacts on neighboring property values compiled by a licensed appraiser based on experience at other locations, extrapolating that evidence to analyze potential impacts on property values near the site.
Minimum design standards. Large-scale solar energy systems shall conform to the following standards, which shall be regarded as minimum requirements:
Minimum lot size and maximum lot coverage standards applicable to the zoning district shall also apply to solar energy systems. The total surface area of such a system, regardless of the mounted angle, shall be considered impervious and calculated in the lot coverage calculation.
All ground-mounted panels shall not exceed 10 feet in height.
The system shall be designed and situated to be compatible with the existing uses on adjacent and nearby properties and roadways.
All mechanical equipment, including any structure for batteries or storage cells, shall be completely fenced.
The installation of a vegetated perimeter buffer shall be required to provide year-round screening of the system from adjacent properties and public roads.
All solar energy production systems shall be designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way.
All plumbing and/or power transmission lines from a ground-mounted solar energy-generating system shall be located underground.
The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
All solar energy system components shall have a minimum two-hundred-foot setback from public roads and property lines.
Lighting of large-scale solar energy-generating systems shall be consistent with state and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar system shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
"No Trespassing" signs and any signs required to warn of danger are required. A sign that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a twenty-four-hour basis is also required. All other signage must be approved by the Planning Board.
Additional conditions.
The large-scale solar energy-generating system or solar power plant owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire department. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar plant shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
A large-scale solar energy-generating system or solar power plant owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire department and emergency medical services.
Equipment and parts maintenance. Any damaged or unused equipment and parts shall be removed from the premises within 30 days or kept in a secured, designated storage area. Maintenance equipment, spare parts and petroleum products shall be kept in a secured, designated storage area.
Abandonment and decommissioning. All applications for a large-scale solar energy-generating system shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the facility. Prior to removal of the solar system, a permit for removal activities shall be obtained from the Code Enforcement Officer/Building Inspector.
The plan shall include details on how the applicant plans to address the following requirements:
The owner, operator, or his successors in interest shall remove any ground-mounted solar collectors which have reached the end of their useful life or have been abandoned. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Town Code Enforcement Officer/Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal.
Physical removal of all ground-mounted solar collectors, structures, equipment, security barriers and transmission lines from the site.
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
Stabilization or revegetation of the site as necessary to minimize erosion.
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the large-scale solar system shall be considered abandoned if a solar energy-generating system ceases to perform its originally intended function for more than 12 consecutive months. If the owner or operator of the solar system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation at the expense of the property owner or against any financial surety assigned to the Town.
Non-function or lack of operation may be proven by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. The applicant shall make available suitable evidence as required by the Code Enforcement Officer/Building Inspector.
Upon abandonment or decommissioning the owner/operator must fully comply with the filed decommissioning plan.
Estimate and financial surety. A valid surety assigned to the Town of Cochecton will be required for systems greater than 30 kilowatts (kW) DC:
As part of its application, the applicant shall provide an estimate, prepared by a qualified engineer, setting forth the costs associated with decommissioning the large-scale solar energy-generating system at issue.
In the event the Planning Board grants a special use permit pursuant to this section, the Planning Board, with advice from the Planning Board engineer, must also establish a recommended amount of surety to be furnished by the applicant prior to the issuance of a building permit. The amount of the surety must be sufficient to pay for the costs and expenses of removal of the solar energy system and related equipment and structures and the restoration of the site. The surety amount is subject to approval by the Planning Board's professional engineer and the Planning Board. The surety must be in the form of cash, letter of credit or another instrument, or combination thereof, acceptable to the Town's attorney and the Town Board. The amount of the surety as well as the type furnished must be approved by the Town Board prior to the issuance of a building and/or special use permit. The surety shall remain in full force and effect until all solar energy system equipment, structures and materials have been properly removed and the site restoration is complete. Should the Town issue an order of removal and restoration, in accordance with Subsection C(10) of this section, the Town may use any surety held to pay the expenses of removal and restoration. Any expenses not fulfilled by the surety held will be assessed against the property in the same manner as a general Town tax.
The amount of the surety shall be sufficient, during the first five years of operation, to cover: the costs to deconstruct and dispose of all equipment, structures and materials related to the solar energy system, costs to restore the site, and all fees, costs and expenses incurred by the Town to administer and enforce the decommissioning process. Such amount shall be re-evaluated every five years thereafter and, if necessary, adjusted to reflect prevailing costs and expenses.
If the amount of the surety does not fully cover such fees, costs and expenses ("costs") or if the Town cannot recover adequate proceeds of the surety, then the owner and operator of the solar energy system and the property owner shall be jointly and severally, and corporately and personally, liable for the costs not recovered. In addition, in accordance with Subsection C(10) of this section, the Town may assess such costs against the property, which assessment shall constitute a lien on the property, and which amount may be collected in the same manner as real property taxes.
The surety amount and type, as approved by the Town Board, must be furnished to the Town prior to the issuance of a special use permit.
Issuance of special use permit.
The Planning Board shall, within 120 days of determining the application is complete, and upon consideration of the standards in this section and the record of the SEQRA review, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated. This time period may be extended with consent of the applicant.
If approved, the Code Enforcement Officer/Building Inspector will issue a building permit upon satisfaction of all conditions for said permit, and upon compliance with the New York State Building Code.
The decision of the Planning Board shall be filed within 15 days in the office of the Town Clerk and a copy mailed to the applicant by first class mail.
If any approved solar energy-generating system is not substantially commenced within 12 months of issuance of the special use permit, the permit shall expire, unless the Planning Board shall have granted an extension.
[1]
Editor's Note: This local law also superseded former Subsection G, Modification of standards.
Repeal of moratorium on large-scale solar energy-generating systems or solar power plants. The moratorium on large-scale solar energy-generating systems or solar power plants as established by Local Law 3 of 2016 and extended for six months by resolution of the Town Board is hereby repealed.
[Added 5-12-2017 by L.L. No. 1-2017]
§ 240-26 Natural feature conservation standards.
Areas of 15% to 25% in slope as determined from the Sullivan County Soil Survey shall not be altered, regraded, cleared or built upon to an extent greater than 30% of the affected lot area, and all such development shall be subject to site plan review. Where such mapping is imprecise, topographic data based on twenty-foot contour intervals may be used to identify all those specific portions of a lot where the distance between such contour lines indicates a 15% to 25% grade. The applicant shall submit topographic data showing contours of two-foot intervals and detailed plans for controlling stormwater, limiting erosion and otherwise mitigating the impacts of steep slope development. Impervious surfaces shall be minimized. Fifty percent of the land area within that portion of a lot with a slope in excess of 25%, as measured using twenty-foot contours, shall be excluded from the minimum lot area of a parcel. Areas of greater than 25% in slope, measured as provided in Subsection C below, shall not be altered, regraded, cleared or built upon to any extent.
[Amended 10-9-2013 by L.L. No. 1-2013]
Not more than 25% of that part of a lot with rock outcrops in excess of 50 square feet may be counted toward the minimum lot area of the parcel.
No more than 20% of the mature woodlands located in a floodplain, wetland, wetland margin, steep slope (25% +) or lake, stream, river or pond shoreline area shall be altered, regraded, cleared or built upon. Wetlands shall be determined from official New York State Freshwater Wetlands Maps or delineations by a professional soil scientist or other person of demonstrated qualifications. Wetland margin and lake or pond shoreline areas shall extend to 100 feet from the wetland border or shoreline. The requirements of Chapter 120, Freshwater Wetlands, shall also be met.
All other natural features, including rock outcroppings, outstanding views, individual mature trees and streams, shall be preserved and undisturbed to the maximum extent possible with the development of any special use, and the Planning Board shall use its site plan review authority to ensure this is done.
Areas within the boundaries of the Upper Delaware National Scenic and Recreational River, as depicted on maps found in the River Management Plan accepted by the Secretary of Interior, shall be subject to the following Town requirements, the purpose of these being to conform with the recommendations of the Upper Delaware River Management Plan:
Potential impacts on the river from stormwater runoff and waste disposal shall be assessed in connection with any special use proposed within the corridor.
Sand, gravel and other quarrying operations which involve active faces of five acres or more in land area shall not be permitted. Those with less than three acres of active face shall be limited to operations which do not involve stone crushing or asphalt production. No less than a seventy-foot-wide, eight-foot-high evergreen buffer between the operation and the highway and river shall also be required, unless a one-hundred-foot-wide buffer of densely wooded area already exists, in which case such buffer shall be preserved. No screening shall be approved which does not, during the majority of the year, obscure the principal portions of the operation from view at both river and highway edge.
Light manufacturing, commercial uses that involve more than 2,000 square feet of floor area or five employees and major airports shall not be permitted. Solid waste disposal sites and junkyards are prohibited.
Outdoor recreation facilities shall be limited to those designed for short use periods and providing only rudimentary services with no infrastructure development other than as required to meet state codes. Major commercial recreational developments which could have significant impacts on the river corridor, including but not limited to amusement parks, drive-in theaters, auto racetracks and sports arenas, shall not be permitted.
Small hotels and motels within the corridor shall be located adjacent to arterial roads and designed to be compatible with the natural and scenic characteristics of the river corridor.
Uses within a PUD District overlapping the river corridor shall also conform to these standards.
No flashing, oscillating or illuminated signs shall be permitted within the river corridor.
Buildings shall not be located so close to the ridgeline of the river valley as to create potential erosion, sedimentation or landslide conditions. All clearing of more than 1/2 acre and all proposed building within the boundaries of the Upper Delaware Scenic and Recreational River that would be located within 200 feet of the highest ridgeline visible from the river or from Route 97 shall be subject to special use review for the purpose of limiting the amount of clearing, buffering structures with natural vegetation and otherwise limiting the impact on scenic resources, controlling stormwater and addressing public safety issues. All clearing of more than one acre elsewhere within the boundaries of the Upper Delaware Scenic and Recreational River shall be also be subject to special use review for the same purposes.
Any of the above standards, excepting those with respect to Subsection E, may be waived by the Planning Board in those instances where public sewage collection and treatment services are available. This waiver shall be limited to such extent as the Planning Board determines appropriate based upon the nature of the area and the extent of existing development, the goal being to concentrate development in these areas.
§ 240-27 Recreational vehicles, campgrounds and RV parks.
License requirement. No person, partnership, association, limited-liability or other company or corporation, being the owner, user, operator or occupant of any land within the Town of Cochecton, shall use or allow the use of such land for a campground or RV park or any other form of camping regulated herein, unless a license has been obtained as herein provided, and all nontransient campgrounds and RV parks shall also fully comply with subdivision and zoning standards applicable to conventional subdivisions, including lot size, density, yards and the like.
The Code Enforcement Officer shall issue a license after approval of the application by the Planning Board pursuant to special use procedures.
No license shall be issued until the Code Enforcement Officer has received:
The license may be transferred to a new owner of a campground or RV park, provided that an application for transfer of the existing license is made and the prospective new owner/operator shall document that all of the requirements of this chapter are met.
All new licenses shall be valid for a period of one year from the date of issuance and renewed only on a finding by the Code Enforcement Officer that the operation continues to comply with the requirements herein. Absent such a finding, the Planning Board shall, subject to a public hearing, approve, disapprove or approve with modifications any renewal.[1]
Any person holding a license for a campground or RV park who desires to add additional lots or spaces to such park shall file an application for a supplemental license. The application for such supplemental license must be accompanied by four sets of plans and specifications and shall be filed and processed as provided herein for new campgrounds or parks.
All license renewals issued hereunder shall be valid until March 31 of the following year, prior to which time applicants shall request or apply for renewal of such licenses, and the Code Enforcement Officer shall inspect the premises to ensure continued compliance with this chapter. No facility shall open for business for the new year unless a renewal has been granted.[2]
The applicant for any new license, renewal or transfer shall pay the Town an annual or other fees as may be established and modified from time to time by resolution of the Town Board.
Each application for a campground or RV park license shall be in writing, signed by the applicant and submitted in quadruplicate along with all plans required to the Code Enforcement Officer. The Code Enforcement Officer shall promptly transmit copies of the application and plans to the Planning Board, which shall review and act upon the application pursuant to special use/site plan review requirements. The Code Enforcement Officer, within 30 days of the filing of the Planning Board action, shall issue the license, provided that all other requirements of this chapter are met.
Each application shall contain the following information:
The name and address of the applicant and/or owner, including officers and any party with five-percent or greater ownership.
A description of the land proposed for a campground or RV park.
The number of campsites to be provided in such campground or park.
A location map depicting all roads adjacent to and within the park, the owners and uses of adjacent land and the location of all water and sewer lines and utilities within 300 feet of the campground or RV park.
Each application shall be accompanied by a site plan showing the following:
The location and widths of all entrances, exits and streets.
The location, size and arrangement of each campsite within the campground or RV park.
The method and plan for electric lighting.
The location and plan of all proposed structures and improvements.
Plans for landscaping.
Plans for stormwater drainage.
Proposed utilities and/or extensions.
Application data required for renewals and transfers shall be limited to information regarding ownership and management changes and operational records.
Design standards and general requirements.
A campground or RV park shall have a gross area of at least 10 contiguous acres of land in single ownership or under unified control.
All campgrounds and RV parks shall provide and maintain a screening strip of planted natural materials along all property boundary lines and fully comply with the landscaping standard of § 240-19 hereof. Such screening shall be a depth of not less than 20 feet and designed to effectively screen the area within a reasonable time period (three to five years). A planting plan specifying types, size and location of existing and proposed plant materials shall be required.
Lot and siting requirements.
Transient RV park or campground campsites shall be at least 50 feet wide and 2,500 square feet in area. Gross density, however, shall not exceed a total of six campsites per acre for the development. Nontransient sites shall meet lot size criteria for single-family residential units for the applicable zoning district.
Campground or RV park campsites shall be separate from service building structures by a minimum distance of 50 feet, and no recreational vehicle or tent platform shall be located closer than 50 feet to the street right-of-way or any adjacent property line.
At least one off-street parking space shall be provided for each site, in addition to the site for placement of the recreational vehicle or tent.
The residential street design standards contained in Chapter 215, Subdivision of Land, shall apply to streets within nontransient campgrounds and RV parks. Transient recreational land development streets shall be cleared, graded and improved to accommodate regular vehicular traffic to a twelve-foot width for one-way traffic and a twenty-foot width for two-way traffic.
No individual on-site sewerage or water supply shall be permitted, and all community systems for the common use of campground occupants shall fully comply, as evidenced by approved plans, with standards imposed by the New York State Department of Health and the Town of Cochecton.
No permanent external appurtenances, such as expandable rooms, carports, or patios, may be attached, adjoined or placed on the same property with any recreational vehicle parked in a campground or RV park, and the removal of wheels or placement of the unit on a foundation in such a park is prohibited.
A minimum of 150 feet of frontage along a public highway shall be required. Entrances and exits to campgrounds or RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize friction with traffic on adjacent streets. No entrance or exit shall require a turn at an acute angle, and the radii of curbs and pavements at intersections shall facilitate easy turning for vehicles with trailers attached. Every intersection of an entrance or exit with a public highway shall have at least 500 feet of sight distance in both directions along the public highway and be located a minimum of 150 feet from any other intersection.
A minimum of 50% of the gross site area of the campground or RV park shall be set aside and developed as open space or common-use recreational facilities.
Parking, loading, or maneuvering incidental to parking or loading shall not be permitted on any public right-of-way. Each campground or RV park operator shall provide off-street parking and loading areas and shall be responsible for violations of these requirements.
Campground or RV park campsites shall be used only for camping purposes. No improvement or living unit designed for permanent occupancy shall be erected or placed on any campground or RV park campsite. Specifically:
All recreational vehicles in the development shall be maintained in a transportable condition at all times and meet all requirements which may be imposed by the State of New York. Any action toward removal of wheels or to attach the recreational vehicle to the ground for stabilization purposes is hereby prohibited.
No campground or RV park site shall be occupied for more than six consecutive months, and no campground or RV park site shall be the primary residence of the individual lot owner or any other occupant; each site shall be used and occupied (excepting for occasional guests) for camping and recreational purposes and only by a single household.
The Town Code Enforcement Officer may require any owner to remove a recreational vehicle from the campground for a period of seven days, unless such owner can establish a prior removal or storage without occupancy within the immediately preceding six months. These requirements shall be included in restrictive covenants for nontransient campgrounds or RV parks.
To enforce these provisions, the Town Board may, by resolution, require that all persons bringing a recreational vehicle into the Town of Cochecton first obtain a permit of limited duration to do so, which permits shall be issued by the Code Enforcement Officer.
The management of every campground or RV park shall be responsible for maintaining accurate records concerning the occupancy of all campground or RV park campsites. The term "management" shall include associations of property owners when such are responsible for maintenance and operation of common facilities. The Code Enforcement Officer shall have access to, and the right to inspect, records for evidence of permanent residency. The Town Board and/or Code Enforcement Officer shall, in addition, have the authority, when any provision of this chapter is violated, to prohibit the occupancy of any and all campground or RV park campsites until the owners and/or management comply.
No owner or occupant of any campground or RV park campsite shall permit or allow the dumping or placement of any sanitary or other waste anywhere upon any campground or RV park lot or elsewhere within the development, except in places designated therefor. No outside toilets shall be erected or maintained on any campground or RV park campsite. Sanitary facilities, including toilets, urinals and showers, shall be provided in separate buildings located not less than 100 feet nor more than 300 feet from each campground or RV park campsite, and all state health regulations shall be fully met.
All property lines within the development shall be kept free and open, and no ledges, walls or fences, except as may be required for screening or as may exist naturally, shall be permitted.
No noxious or offensive activities or nuisances shall be permitted within any campground or RV park. Such nuisances shall include, but not be limited to, excessive noise; any burning which results in smoke or noxious fumes emanating beyond the property line; and any other nuisance activity which would cause impacts beyond the property line. Responsibility for meeting such requirements shall extend to occupants of campground or RV park campsites, as well as owners and operators.
No animals shall be kept or maintained on any campground or RV park campsite except the usual household pets, which shall be kept confined.
No person shall burn trash or refuse on any campground or RV park campsite. All such refuse shall be placed in airtight receptacles, which shall be provided by the owners of the campground or RV park campsites and must be removed at least weekly. No owner or occupant shall permit the accumulation of any refuse or junk vehicles on a campground or RV park campsite.
Picnic tables, grills and similar items of personal property may be placed on a campground or RV park campsite, provided they shall be maintained in good condition so as not to become unsightly.
Each owner shall keep drainage ditches and swales located on his campground or RV park campsite free and unobstructed and in good repair and shall provide for the installation of such culverts upon his campground or RV park campsite as may be reasonably required for proper drainage.
No drilling for water or digging of water wells shall be permitted on any individual campground or RV park campsite. Potable water drinking supplies shall be provided within 300 feet of each campground or RV park campsite and be operational during any period of occupancy.
A public phone or similar arrangement for emergency communication shall be available 24 hours per day at each restroom facility within each campground or RV park.
Every campsite shall be accessible by fire and emergency equipment and shall be maintained in such condition, free of obstacles to access.
The operational standards contained in this section shall be incorporated in restrictive covenants attached to the deeds for campsites in nontransient campgrounds or RV parks and shall be made part of a management plan for any transient campgrounds or RV parks, which covenants and/or plan shall be approved by the Planning Board during site plan review. A plan or set of covenants which does not adequately provide for conformance with this section shall not be approved. The plan and/or covenants shall also provide the Town with the right to periodically inspect the development for continued compliance with the plan and/or covenants.
Enforcement.
The Code Enforcement Officer shall enforce all of the provisions of this chapter and shall have the right, at all reasonable times, to enter and inspect any campground or RV park or other premises used as campground or RV park campsites or for the parking or place of recreational vehicles.
If the Code Enforcement Officer finds that a campground or RV park for which a license has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this chapter, he may service personally or by certified mail upon the holder of the license a written order which will require the holder of the license to correct the conditions specified in such order within 10 days after the service of such order. Such order may also be posted on the property if the licensee is otherwise unable to be reached.
If the holder of such license shall refuse or fail to correct the condition or conditions specified in such order, the Code Enforcement Officer may revoke such license, and the holder of the license shall thereupon immediately terminate the operation of such campground or RV park held to be in violation of this chapter.
If the owner or operator of such facility shall thereafter correct such conditions and bring the facility into compliance with this chapter, such owner may then apply for a new license.
None of the provisions of this chapter shall be applicable to the following:
The business of recreational vehicle sales.
The storage of a recreational vehicle not being used on premises occupied as the principal residence by the owner of such recreational vehicle; provided, however, that such unoccupied recreational vehicle shall not be parked or located between the street line and the front building line of such premises.
Camping by the owner on his or her own property, provided a permit of no more than two weeks in consecutive days has been issued by the Code Enforcement Officer pursuant to this chapter, appropriate sanitary facilities and/or sewage disposal systems are in place to serve the unit, and the lot on which the unit is to be placed is a minimum of 50 feet in width. The Code Enforcement Officer shall develop and enforce a permit system which shall be applicable to all such camping. No permit, however, shall be required for tent camping by owners in the rear or side yard of any residence for more than 14 continuous days.
This chapter shall apply to any extension of existing campgrounds of RV parks, including increases in the number of lots or available spaces, even though no addition to total land area is involved.
The operational standards of this section shall also apply to existing parks. However, existing parks shall be assumed to have conformed to the formal license and renewal procedure if they have either a use permit from the Town pursuant to this chapter or a permit from the New York State Department of Health. Any existing park which does not have a permit from the Department of Health or approval from the Town shall not qualify for this treatment and shall be required to make a new submission.
§ 240-28 Manufactured homes and manufactured home parks.
Manufactured (a/k/a "mobile") homes and manufactured home parks shall be subject to the requirements of Chapter 150, Manufactured Homes and Manufactured Home Parks, and the following standards and review criteria:
Individual manufactured homes shall be subject to all the regulations applicable to other single-family detached dwellings. They may be installed on any lot not in a manufactured home park, provided they meet the following specific standards.
Standards applicable to individual manufactured homes.
Every manufactured home, whether sited individually or situated in a manufactured home park, shall have not less than 12 feet in width and 850 square feet of living area. This standard shall not be met by including any living area later added to the basic manufactured unit.
All manufactured homes shall be sited on a reinforced slab or a masonry foundation, which foundation and the area up to the floor level of the manufactured home shall be screened from view from the highway and from adjoining properties by skirting acceptable to the Planning Board. The Planning Board may individually approve such skirting and associated landscaping plans or adopt appropriate standards for use of the Code Enforcement Officer in administering this provision.
Any manufactured home or associated structure shall comply with the New York State Uniform Fire Prevention and Building Code to the extent that such code is applicable.
Manufactured home park special use and site plan review criteria. The Planning Board shall, in reviewing and acting upon special use applications for manufactured home parks, apply the requirements of Chapter 150, Manufactured Homes and Manufactured Home Parks, and the following standards and review criteria:
The location of the park shall be one demonstrably suitable for such use, with proper drainage and provisions for stormwater control such that the amount of water leaving the site after development shall not be greater than prior to development.
There shall be documentation of the availability and adequate capacity of all utility providers to service the park. Off-site or centralized water facilities shall be provided, and connection to the Town of Cochecton public sewer system shall be required of the mobile home park operator, provided the Town Board shall have determined there is sufficient capacity to make such a connection. No mobile home park shall be approved where there is insufficient capacity to accommodate it or where a connection to the Town's public sewer system is otherwise impossible or prohibited. Should a single parcel of land within a zoning district where mobile home parks are permitted as special uses have access to the Town public sewer system but also extend outside the zoning and sewer districts where permitted, the Planning Board shall apply the criteria contained herein to determine how much of the property may be utilized for mobile home park use. The Town Board shall, however, first determine if it is possible to extend sewer service to those portions of the property and whether or not to do so, pursuant to requirements of its sewer connection procedures.
The park shall be designed to provide maximum open space consistent with the minimum mobile home lot size requirements of Chapter 150, Manufactured Homes and Manufactured Home Parks, and offer buffering of individual mobile homes from each other and from other adjoining lot owners. It shall be landscaped so as to develop and maintain a high-quality aesthetic environment and neighborhood character for prospective new and existing residents.
Adequate provisions shall be made for outside storage space, and these shall not in any way interfere with emergency access.
Adequate provisions shall be made to control potential nuisance situations such as accumulation of unused materials or vehicles.
Recreational facilities sufficient to accommodate the number of dwellings proposed shall be provided.
All roadways shall be constructed to standards which will facilitate dedication to the Town of Cochecton.
There shall be adequate groundwater supplies to support the proposed water system without causing a detrimental impact on adjoining water supplies, and evidence of this shall be provided and professionally reviewed.
The management and operations plan for the park shall provide for maintenance of all common facilities and ensure the purposes and requirements of this chapter are met. It shall also provide for limitation of occupancy to manufactured homes meeting United States Department of Housing and Urban Development regulations under the Manufactured Housing Act.
Mixed-use residential developments wherein mobile homes and other single-family detached dwellings are both provided shall be encouraged where the other criteria contained herein can be met. All other single-family detached development, however, shall comply with the requirements of this chapter and Chapter 215, Subdivision of Land.
The manufactured home park shall not result in an overconcentration of such uses in a particular area of the Town such that 200 or more manufactured homes are placed on contiguous properties, for example.
The manufactured home park shall not have a detrimental or negative impact on adjacent properties or the general welfare of the residents of the Town of Cochecton.
If a proposed park is one judged to present detrimental impacts, the Planning Board shall consider whether an approval could be conditioned in such a manner as to eliminate or substantially reduce those impacts.
The Planning Board shall also consider whether the park will have a positive or negative effect on the environment, job creation, the economy, housing availability or open space preservation, and the application shall comply fully with the requirements of the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
§ 240-29 Commercial or manufacturing uses.
Wherever a commercial or manufacturing or other nonresidential use, with the exception of agricultural activities and home occupations, is proposed, the following performance standards shall apply. The Code Enforcement Officer shall ensure these standards are met prior to issuing a certificate of occupancy for the use and may require the applicant(s) to provide documentation of compliance.
Where a commercial or manufacturing use is contiguous to an existing residential use in any district (including those situated on the opposite side of a highway) or any approved residential lot in an HD or ND or ND-R District, the Planning Board may require that the minimum front, side and rear yards be increased by up to 50%. The Board may also require, for purposes of separating incompatible activities or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is already wooded. See also § 240-19.
All activities involving the manufacturing, production, storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire-suppression equipment and devices shall be provided pursuant to National Fire Protection Association guidelines. Burning of waste materials in open fires is prohibited. Details of the potential hazards and planned safety and accident response actions shall be provided by the applicant, and the Planning Board may require greater front, side and rear yards and/or fencing.
No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
All proposed new land uses shall not generate cumulative sound levels (SPL) at or beyond any lot line that exceed the ambient noise level by 10 or more decibels (dBA). Any sound of 5 to 10 decibels above the ambient noise level shall be attenuated or mitigated to the maximum degree practical, as shall be determined by the Planning Board during site plan review. The Planning Board may, as a condition of site plan review and approval, require additional setbacks, buffers and fencing or reasonably limit the hours of operation to attenuate or mitigate any potential noise impacts of any proposed use. The determination of noise levels shall be made using New York State Department of Environmental Conservation guidelines (see "Assessing and Mitigating Noise Impacts Program Policy"), as amended. The increase in ambient noise level shall be determined for all lot lines at the site where the project is to take place and any other locations as shall be specified by the Planning Board, taking into account existing noise generators. Agricultural activities shall be exempt from these requirements.
No vibration shall be permitted on a regular or continuing basis which is detectable without instruments at the property line.
All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source.
Light sources shall comply with the following standards:
Type of Light Source | Maximum Illumination Permitted at Property Line (footcandles) | Maximum Permitted Height of Light (feet) | |
|---|---|---|---|
Globe light | 0.20 | 15 | |
>90% cutoff | 0.75 | 25 | |
<90% cutoff | 2.00 | 30 |
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or other sources, so as to be visible at the property line on a regular or continuing basis, shall be permitted.
No emission shall be permitted on a regular or continuing basis from any chimney or otherwise of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954.
No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted on a regular or continuing basis which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.
All activities involving the possible contamination of surface water or groundwater shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and planned safety devices and contamination response actions shall be provided by the developer.
Whenever a vehicle and equipment sales, mechanical and body repair use is proposed as a special use, or as an expansion of an existing nonconforming use, the following additional performance standards shall apply:
All mechanical and body repair work shall be performed within buildings.
All automobile or vehicle parts, new or used, shall be stored within buildings.
Vehicles which are temporarily on the property awaiting to be repaired shall be stored in an area which meets the minimum yard and buffer requirements applicable for the district and the use.
§ 240-30 Junkyard and salvage operations.
No junkyard shall be created except in conformance with the standards herein, which shall replace and repeal regulations adopted August 7, 1967, and all junkyards shall be required to conform to said standards or be removed at the owner's expense.
The following land uses shall be exempt from these requirements, provided they are not maintained in the manner of a junkyard and do not include a junkyard operation:
Storage areas for officially recognized and operable antique or classic automobiles or other operable special-purpose vehicles.
Agricultural equipment which is stored in an enclosed structure or utilized as part of an active farming operation or contractors' construction equipment which is part of an active contracting business.
Automobile repair businesses or automobile, vehicle and equipment sales operations managed by state-licensed dealers.
No right to establish or continue a junkyard operation shall be conveyed by the existence of a state license or the presence of any of the above activities on a site.
If a junkyard is to be located adjacent to a federal aid primary highway, it shall comply with all regulations of the Federal Highway Administration and the New York State Department of Transportation and provide evidence of the same to the Town.
Junkyards shall be located no closer than 500 feet to an existing public right-of-way or 500 feet to any adjoining property.
Junkyards shall be limited to those portions of the RU Rural Agricultural District located outside the Upper Delaware Scenic and Recreational River and more than 1,000 feet from New York State Routes 17B, 52 and 97. Junkyards shall not be permitted in any other zoning district. All junkyards shall be considered special uses.
All new junkyards must erect and maintain a six-foot fence along the entire portion of the property containing junk cars. The fence must be adequate to discourage the entrance of children or others into the area and to contain, within such fence, all materials in which the owner or operator deals.
No junkyard or portion of a junkyard shall be located on a slope exceeding 12% in grade or so situated on a bluff as to be unscreenable (visible from an adjacent public highway or residence located above or below the level of the junkyard).
No junkyard shall be used as a dumping area for refuse or as a place for the burning or disposal of trash.
All dismantling operations shall take place inside an enclosed structure, and any parts of vehicles or equipment shall similarly be stored inside an enclosed structure. All vehicles awaiting dismantling or retained for sale or use intact shall be stored in improved parking areas specifically designated for this purpose.
Existing nonconforming junkyards shall, within a period of two years following the effective date of this chapter, be removed, unless a special use application has been made to continue the operation and the facility has been made to conform to the regulations provided below. All junkyards no longer operated as ongoing businesses shall be removed within six months of discontinuing operations.
Applications to continue operating existing nonconforming junkyards shall, unless the owners thereof have indicated in writing their intention to discontinue operations as provided above, be made within one year following the effective date of this chapter.
Applications to continue operation of existing nonconforming junkyards shall include a site plan prepared by a professional engineer depicting the existing operation and any planned improvement as may be required herein.
The plan shall comply with the requirements applicable to new junkyards to the maximum extent practical and shall include provisions for screening of the view of the junkyard from adjacent property as well as the public highway. A six-foot-high fence along the side and rear boundaries of the property adequate to discourage the entrance of children or others into the area and to contain, within such fence, all materials in which the owner or operator deals shall be required, unless physical circumstances would make such fencing wholly impractical.
All fencing must be approved by the Planning Board and produce a screen through which one generally cannot see. Various materials, including evergreen screening, may be used. The Town Board shall be responsible for taking measures, including securing injunctive relief, as are required to ensure maintenance of such fencing or screening.
The application and site plan for the existing nonconforming junkyard shall be processed as a special use application and shall include other information as may be required to determine compliance with this chapter. The Planning Board, in acting upon the application, shall consider the following:
The impacts of the use on the enjoyment and use of adjoining properties, as well as the community as a whole.
The degree to which the use can economically be made to comply with requirements for new junkyards.
The effectiveness of screening available or to be provided, visibility from the highway and the extent to which the operator's plans address various health, safety and aesthetic concerns.
The extent to which dismantling operations can or do take place inside an enclosed structure and whether or not all parts of vehicles or equipment are similarly stored inside an enclosed structure. Likewise, the Board shall consider whether or not vehicles awaiting dismantling or retained for sale or use intact are or will be stored in improved parking areas specifically designated for this purpose.
Existing junkyards shall not be expanded except in conformance with the regulations contained herein for new junkyards, and in no case will any change in an existing junkyard which would lessen its conformity with these regulations be permitted.
Where it reasonably appears there is present a clear and imminent danger to the life, health and safety of any person or property unless a junkyard condition, including but not limited to solid waste, debris, garbage and unsafe materials, is immediately removed, secured or demolished, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the removal, securing or demolition of such unsafe junkyard condition. All expenses of the Town in connection with such removal, securing or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
§ 240-31 Conversions of residential or nonresidential structures.
Any conversion of a residential structure to a more intensive residential use or a nonresidential use shall require a special use permit. Likewise, the conversion of any nonresidential use to a dwelling or dwellings shall require a special use permit. The following additional review criteria shall apply in both instances:
There shall be adequate parking to accommodate the new use in combination with other activities on the property or in the vicinity.
There shall be demonstrated sewage treatment and water supply capacity to serve any increased needs connected with the new use.
The conversion shall not result in increased residential density exceeding that permitted within the district. If, for example, the minimum lot size is two acres, then no more than one equivalent dwelling unit shall be permitted per two acres of lot area.
Conversion of a residential structure to a nonresidential use shall not be permitted where the new use is not otherwise allowed. Adaptations of any such structure should preserve its architectural integrity and residential character, except for minimal signage required parking and other features mandated by the nature of the business.
§ 240-32 Conservation subdivisions.
The Town of Cochecton Planning Board shall be authorized, pursuant to § 278 of the Town Law and simultaneously with the approval of plats under Chapter 215, Subdivision of Land, to modify applicable provisions of this chapter so as to accommodate conservation subdivision projects. Also known as "cluster development," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed anywhere within the Town of Cochecton and be processed pursuant to subdivision plat approval procedures.
The Planning Board may require conservation subdivisions, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space or otherwise result in significant negative environmental impacts - within the Upper Delaware River valley area, for example.
Conservation subdivisions provide for single- and two-family dwelling units wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural settings. Illustrations of such design follow. Proposed developments shall be processed in the same manner as a major subdivision and in accord with the standards following.
Conservation subdivisions shall include at least five lots and 10 acres of land, and the Planning Board shall have the authority to require an alternative sketch plat, for any subdivision of 10 lots or more, depicting how the property might be developed using this technique. If this alternative sketch plat is determined to provide a superior design in accord with the purposes of this chapter, and the same density can be achieved, the Planning Board may then require use of this technique.
Calculation of permitted number of dwelling units.
The maximum permitted number of dwelling units shall be determined either from a sketch plan submitted for a conventional subdivision of the same property or, in the event the Town and applicant cannot agree on the density by using such method, by deducting from the total tract area:
All areas within the rights-of-way of any existing or proposed streets;
All areas occupied by public utility easements;
Seventy-five percent of all federal wetlands, floodplains, slopes of 25% or more, water bodies and other undevelopable areas; and all New York State DEC wetlands (excluding buffer areas from calculation).
The net figure shall then be divided by the minimum lot size applicable and rounded to the nearest whole number of dwelling units permitted, if this method determining density is applied.
Only single-family detached and two-family dwellings shall be employed in this concept. All other dwelling types shall be considered multifamily dwellings.
Development standards for lot size, lot width and lot depth may be reduced, provided no dwelling structure (single-family or two-family) is located on less than 43,560 square feet of land where on-site sewer and water facilities are to be provided or 21,780 square feet of land where central sewer and water facilities are to be provided, and further provided that the total density (in individual dwelling units) for the tract shall not exceed 110% of that which would result from a conventional subdivision plan designed in accord with this chapter, as determined from the basic sketch plan submission. Yard requirements may also be reduced, but in no instance to less than 40 feet from the front yard and 30 feet for the side and rear yards.
No individual parcel of common open space shall be less than one acre, except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No less than 50% of the total land area of the conservation subdivision shall be dedicated to permanent open space, and at least 50% of such open space shall be usable for active recreational activities and not include water bodies, wetlands, floodplains, slopes over 25% in grade or other undevelopable areas.
The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement and generally titled to a property owner's association (POA) prior to the sale of any lots or dwelling units by the subdivision. Membership shall be mandatory for each property owner within the subdivision and successive owners with voting of one vote per lot or unit and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent, and the POA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly held amenities. Each property owner must be required to pay their proportionate share of the POA's cost, and the POA must be able to file liens on the lot/unit owner's property if levied assessments are not paid. The POA must also have the ability to adjust the assessment to meet changing needs.
Illustration of Conservation Subdivision Design   |
These two plans produce the same lot yield (34 new lots), yet the bottom example preserves 2/3 of the open space. It is also important to remember that, because most lot buyers also purchase rights to the open space, total land values will be at least as high as in the top example and probably higher due to the enhanced usability of that open space. Source: Randall Arendt, Growing Greener: Putting Conservation into Local Plans and Codes, Island Press, 1999. |
§ 240-33 Planned unit developments.
Purposes.
It is the purpose of this section to permit but not require, upon receipt and approval by the Town Board of an application made by the landowner(s), the establishment of a zoning classification entitled "Planned Unit Development (PUD) District." Such district may be permitted for the following purposes:
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 Town of Cochecton Comprehensive Plan.
Generally, these floating districts are intended to provide landowners who wish to develop functionally integrated residential or resort communities or complexes with the flexibility to do so, provided that sufficient open space will be preserved and the development is designed with safeguards to protect the public health, safety and welfare.
Procedures. The Town Board shall establish PUD Districts in the following manner:
The owner(s) of the land in a proposed PUD District shall initially apply to the Town of Cochecton Planning Board for the establishment of a PUD Planned Unit Development District. The application shall be in writing and include a sketch plan.
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:
The location and types of the various uses and their areas in acres.
Delineation of the various residential areas, indicating for each such area its general location, acreage and composition in terms of total number of dwelling units, approximate percentage allocation of dwelling units by type and the calculation of the residential density in dwelling units per gross acre of site area.
The general outlines of the interior roadway system and all existing public and private rights-of-way and easements.
The location and area of the common open space.
The overall drainage system.
A location map showing uses and ownership of abutting lands.
Provisions of sewers, water and other required utilities.
In addition, the following documentation shall accompany the sketch plan:
Evidence that the proposal is compatible with the goals of the Town of Cochecton Comprehensive Plan.
How common open space is to be owned and maintained.
If the development is to be staged, a general indication of how the staging is to proceed. The sketch plan shall show the total project, whether or not the proposed development is to be staged.
The Planning Board shall review the sketch plan and related documents and render a report to the applicant on the acceptability of the proposal along with recommendations for changes or improvements, if any. An unfavorable report shall state clearly the reasons therefor and, if appropriate, advise the applicant what revisions are necessary to receive acceptance.
Upon receipt of the Planning Board's report, which shall be made within 62 days of the meeting at which the sketch plan is initially presented, the applicant shall submit a preliminary development plan for the project to the Planning Board, including but not limited to all information required under Chapter 215, Subdivision of Land, and for purposes of compliance with the State Environmental Quality Review Act (SEQRA).[1] The applicant shall also submit, in the form of a letter or brief, information indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter and the following additional information:
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, which 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.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
Action on preliminary plan.
Within 62 days of the receipt of a completed preliminary development plan, the Planning Board shall review such submission, act upon the SEQRA submission, conduct a public hearing on the development plan and recommend action to the Town Board regarding establishment of a PUD District to accommodate the proposed project. It 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 Planning Board shall approve the plan if it finds that:
The proposed uses will not be detrimental to present and potential uses in the area surrounding the proposed district.
Existing and future highways are suitable and adequate to carry anticipated traffic associated with the proposed district.
Existing and future utilities are or will be adequate for the proposed development.
The development plan complies with the requirements of this chapter and is consistent with the Town of Cochecton Comprehensive Plan.
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.
When the Planning Board has approved a development plan for a proposed district, the plans shall be filed in the office of the Town Clerk, and the Town Board shall then proceed to consider amendment of the law in accord with the Town Law, conducting a hearing and acting upon the same within 90 days of the meeting at which the Planning Board's recommendation is received. The Town Board shall, where appropriate, provide for County Planning Department review of the proposal and may attach conditions to its approval. When any planned district is not substantially developed in accordance with the approved preliminary development plan for a period of three years from the effective date of its establishment, and provided that it shall then appear that rights vested in persons acting in good faith in reliance on such zoning classification will not be prejudiced thereby, the Town Board, upon resolution and no earlier than 62 days following written notice to the applicant and general publication in a newspaper of general circulation, may declare the same, by which action the change in classification to a PUD District shall be voided. The Town hereby exercises its authority under § 10 of the Municipal Home Rule Law to supersede § 264 of the New York State Town Law so as to permit voiding of a zoning change without resorting to further rezoning procedures.
Final approval.
After the Planning Board has approved the preliminary development plan, and provided 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 215, 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 215, 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 215, Subdivision of Land, and the provisions of § 276 of the Town Law, and a copy shall be filed in the Sullivan County Clerk's office.
General requirements.
Location. A PUD District may be permitted anywhere in the Town of Cochecton.
Minimum site area. A PUD District should comprise at least 200 contiguous acres of land, although lesser-sized tracts may be approved at the discretion of the Planning Board and Town Board.
Density and open space. The density and open space standards applicable to conservation subdivisions shall also apply to all PUD projects.
Utilities. All uses situated in a PUD District shall be served by central water and sewerage systems. All water, sewer and gaslines and all other lines providing power and communication service shall be installed underground in the manner prescribed by the appropriate state and local agency and/or utility company having jurisdiction.
Other zoning regulations. With the exception of lot and yard requirements and other standards which may be waived or modified by the Planning Board, the PUD District shall comply with all other provisions of this chapter. No modification or waiving of density standards generally applicable to PUD Districts shall be permitted. Density for nonresidential uses shall be determined on the basis of projected sewage flows, with an equivalent dwelling unit being that amount of flow normally associated with a single-family residential dwelling.
Ownership. The land proposed for a PUD District may be owned, leased or controlled either by an individual, corporation or by a group of individuals or corporations. PUD District applications shall be filed by the owner or jointly by all owners of the property included in the application. In the case of multiple ownership, the approved plan shall be binding on all owners.
Organization. A PUD District may be organized as a condominium, a cooperative, a leasehold or held in individual or corporate ownership. If a property owners' association (POA) is to be established, and one shall be required if any property is to be held in common, such POA shall be organized as provided for conservation subdivisions in § 240-32 of this chapter.[3]
§ 240-34 Multifamily residential uses.
Multifamily dwelling projects shall be considered major subdivisions. This major subdivision classification shall apply to all subdivisions of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to the Town in the manner provided under Chapter 215, Subdivision of Land. The subdivider shall also submit all information required by Chapter 215, Subdivision of Land, plus the following additional data:
An application for multifamily dwelling approval on a form to be supplied by the Town or, in the absence of such form, by a letter or brief from the developer or his or her representative indicating how the development will specifically comply with or meet the criteria set forth herein.
A proposed plot plan showing the approximate (generally within five feet) locations of all buildings and improvements, including parking areas, planting strips (if any), signs, storm drainage facilities, water supply, sewage treatment and collection systems and the specific areas provided as open space in connection with the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas (apart from the open space referenced below), lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the Town of Cochecton. Setbacks from property lines, improvements and other buildings shall also be indicated.
A schedule or plan and proposed agreement(s) either with the Town or a property owners' association for the purpose of dedicating, in perpetuity, the use and/or ownership of the recreation area and open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall in any event provide to the satisfaction of the Town that maintenance and use of the property, regardless of ownership, be restricted to either:
The Planning Board shall act on the preliminary plat and special use application concurrently, provided an environmental assessment is also conducted pursuant to the New York State Environmental Quality Review Act. No building permit shall be issued to the applicant, however, until all conditions attached to the approval of any preliminary plat shall have been satisfied, and nothing herein shall be construed as permitting the issuance of a building permit prior to preliminary plat approval. This requirement notwithstanding, the building permit application shall be made with the preliminary plat and shall, if granted, be valid for a period equal to that for preliminary plat approval. If the preliminary plat shall be rejected, no building permit shall be granted.[1]
Following preliminary plat approval, the developer shall provide for the installation of required or proposed improvements, including but not limited to streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final plat approval. No certificate of occupancy (where the same is required) shall, however, be issued until such time as:[2]
Final plat approval shall have been granted in accordance with the procedures and requirements of this chapter; and
Buildings have been completed and inspected by the Town Code Enforcement Officer.
Complete final building plans shall also be submitted as part of the final plat application.
No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created or erect any building thereon except in accord with the provisions of this chapter, unless and until final plat approval shall have been granted (unless the improvements shall have been guaranteed), and the plat has been recorded in the office of the Sullivan County Clerk.[3]
Multifamily dwelling density shall be granted a one-hundred-percent density bonus above the number of dwelling units per acre which would be permitted within the district if the parcel on which the units are to be constructed were to be developed for single-family residential use.
Density shall be calculated by taking the total acreage of the development and deducting the following acreages:
Land contained within public rights-of-way;
Land contained within the rights-of-way of existing or proposed private streets (where formal rights-of-way are not involved, the width of the street shall be assumed as 50 feet wide);
Land contained within the boundaries of easements previously granted to public utility corporations providing electrical or telephone service; and
All wetlands, floodplains, slopes of 25% or greater grade, water bodies and other undevelopable areas.
The net acreage shall then be divided by the number of proposed units to yield density.
All areas of a multifamily development not conveyed to individual owners and not occupied by buildings and required or proposed improvements shall remain as permanent open space or be dedicated to recreation area to be used for the sole benefit and enjoyment of the residents of the particular units being proposed. No less than 50% of the tract shall be used for this purpose, and fees in lieu of dedication may not be substituted for such space. Such open space shall be subject to the following regulations:
No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed. Recreation areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting as provided for in Subsection G(2) below. They shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over 25% in grade, water bodies or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.
Land designated simply as open space shall be permanently maintained as open space and may not be separately sold, used to meet open space or recreation area requirements for other developments, subdivided or developed, excepting that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided such lands are specifically defined and indicated as "reserved for future development" on all plats. Such lands shall not be included in calculating permitted density for the proposed development. These provisions, however, shall not be construed as granting or reserving to the developer any rights or privileges to develop on the basis of a preapproved plan if density or other zoning requirements shall have been modified to preclude such development.
Open space areas shall be permanently maintained so that their use and enjoyment as open space are not diminished or destroyed. Such areas may be owned, preserved and maintained by either one or both of the following mechanisms:
Dedication to a property owners' association which assumes full responsibility for maintenance of the open space.
Deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, such portion of the open space as shall have been dedicated to recreation area for the project. This is intended to allow the owner/developer to retain ownership and use of a portion of the property (for hunting, fishing, etc.), provided the permanence of the open space is guaranteed.
Whichever mechanism(s) may be used, the developer shall provide, to the satisfaction of the Town Attorney and prior to the granting of any final plat approval, for the perpetual maintenance of the open space and also the use and enjoyment of the recreation area by residents of the units being approved. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been finalized and recorded.
Developments of 50 units or more shall provide 1/2 acre of playground area per 50 units unless restricted to adult occupancy only.
All multifamily developments shall be served with central sewage facilities and water supplies. Effluent disposal areas shall also be subject to the setback requirements applicable to other multifamily buildings and structures as a minimum.
The following design criteria shall apply to multifamily developments:
There shall be no more than 10 dwellings in each multifamily building.
No structure shall be constructed within 50 feet of the edge of any access road to or through the development or within 10 feet of the edge of any parking area.
Access roads through the development shall comply with minor street requirements as specified in Chapter 215, Subdivision of Land, of the Town Code, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.[4]
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.
Parking spaces of two per unit shall be provided, plus, for every two units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods.
No more than 60 parking spaces shall be provided in one lot, nor more than 15 in a continuous row without being interrupted by landscaping. All off-street parking shall be adequately lighted and so arranged as to direct lighting away from residences.
No structure shall be erected within a distance equal to its own height of any other structure.
All multifamily structures shall be a minimum of 100 feet from any of the exterior property or boundary lines of the particular project involved and 75 feet from any public right-of-way.
Where a property line is not wooded, a planting strip of 50 feet in width shall be required to buffer adjoining property owners and ensure privacy. Similar buffering of areas adjoining county and state highways shall be required. A landscaping plan shall also be prepared and submitted to the Planning Board for approval.
Multifamily developments shall be subject to the stormwater management requirements of this chapter, and facilities shall be designed to accommodate storms of a twenty-five-year average frequency, unless a more stringent standard shall be recommended by the Town Engineer. The general performance standard shall be that the amount of uncontrolled stormwater leaving the site along any property line after development shall not exceed that estimated for the site prior to development. In instances where stormwater facilities are impractical for engineering reasons, the Town Engineer may modify this standard as it applies to a particular project but shall provide for the maximum practical reduction in flow which can be achieved under the circumstances.
All electrical and other utilities shall be placed underground and buried to a depth determined by the Town Engineer as sufficient for safety purposes.
Maintenance of a multifamily project shall be vested in an association or other legal entity organized prior to the offering of the first unit for occupancy; or a manager, who may be the developer, or a person designated by the developer before the developer offers a unit for occupancy; or the owners or occupants of units themselves if the total number of owners or occupants within the development is not more than five. If the developer shall opt to manage the project or designate a manager, the preliminary application shall include financial statements, a description of previous management experience and other data sufficient for the Planning Board to ascertain the financial responsibility of the manager.
The association or manager, as the case may be, shall be responsible for maintenance, repair and replacement of the common areas of the development, including buildings and, if applicable, the furniture, fixtures and equipment within the units. The project instruments shall specify the expenses which the maintenance organization may incur and collect from purchasers as a maintenance fee and secure maintenance of the project as well as enforcement of applicable covenants and restrictions in perpetuity. The Planning Board may require that a certified public accountant review such financial data for purposes of determining that proposed fees are, in fact, adequate to secure maintenance on a continuing basis.
The developer shall, in filing a preliminary plat, provide a narrative description of how responsibility for maintenance and care of the units and common areas will be assured and a pro forma operating budget for the maintenance organization, including a breakdown of the common expense to be borne by the maintenance organization and a separation of long-term maintenance costs from ongoing routine maintenance costs. There shall also be provided a narrative description of how the developer proposes to assure maintenance and care of the units and common facilities during any sales program, based on which the Planning Board may require additional temporary facilities to accommodate service demands. Copies of all applicable instruments shall be provided for purposes of determining that long-term arrangements for maintenance of common facilities have, in fact, been made by the developer and/or with the occupants.
Any developer who proposes to construct multifamily dwellings and convey the common elements of said multifamily dwelling project, including recreation areas, to an association of purchasers of units therein shall submit a maintenance bond or other performance guarantee acceptable to the Town Board and Town Attorney ensuring long-term maintenance and repair of said common elements. Such maintenance bond or other guarantee shall:
Be for a period of not less than 15 years from the date of the final approval of said multifamily dwelling transient use by the Town;
Be in an amount equal to the amount collected or to be collected for long-term maintenance (as indicated in the budget referenced above) by the developer or other responsible parties from each purchaser during the first year after sales to such purchasers begin, multiplied by the total number of expected purchasers.
If the development shall be subject to the New York State statutes governing the sale of real property used for multifamily occupancy, the developer shall certify as to his or her compliance with said statutes. To the extent the provisions of such statutes conflict with this subsection, such certification shall suffice as to conformance with these requirements.
Conversions of motels, hotels or other existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alterations, shall be considered subdivisions and, moreover, be subject to the provisions of this chapter. If the proposed project does involve structural alterations, the preliminary plat shall include a certification of a registered architect or engineer to the effect that the existing building is structurally sound and that the proposed conversion will not impair structural soundness. However, the conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units shall be exempt from these requirements, unless such units are intended to be a condominium. This shall not, however, exempt an owner from any requirements of the State Building Code or this chapter as they may pertain to such activities.
§ 240-35 Seasonal dwelling projects.
Seasonal dwelling projects, where the ownership of the development is held in common by means of a condominium, cooperative, POA or similar-type agreement or by a single owner acting as landlord, shall be subject to the following requirements:
Procedure. Seasonal dwelling projects shall be processed in the same manner as multifamily dwelling projects, with the exception that the Code Enforcement Officer shall, in the instance of a development which has received preliminary or final approval, be authorized to issue separate building permits for each building, provided that the buildings conform to such plans and do not exceed permitted density. Also, the Code Enforcement Officer shall have authority to grant or deny, with Planning Board review, individual building permits within seasonal dwelling colonies existing on the date of this chapter's enactment, provided that any new structures or improvements will meet the requirements of this section and do not exceed permitted density.
Density. Density within seasonal dwelling colonies, measured in equivalent dwelling units on the basis of estimated average sewage flows at full occupancy, shall not exceed the number of dwelling units per acre permitted within the district if the parcel on which the units are to be constructed were to be developed for single-family use or two dwelling units per acre, whichever is less dense, calculating density in the manner provided for multifamily dwellings.
Open space, nonresidential uses and utilities. Seasonal dwelling projects shall meet the standards applicable to multifamily dwelling developments.
Design criteria. The following design criteria shall apply to seasonal dwelling colonies:
Dwellings shall be limited to single- and two-family types.
No part of any structure shall be located within 75 feet of the edge of pavement of any road to or through the development.
Roads shall comply with minor street requirements as specified in Chapter 215, Subdivision of Land.
No seasonal dwelling project shall be served by more than one entrance and one exit from any public highway, although the Planning Board may waive this requirement in the interest of safety. All entrance and exit drive locations shall be approved by the Town Highway Superintendent or the appropriate highway official in the case of county and state roads.
Two parking spaces shall be provided for each dwelling unit, which spaces shall be located no further than 300 feet from the unit they are intended to serve.
Each seasonal dwelling project shall be provided with access from an improved pedestrian right-of-way or access road within the development. No unit shall have direct access to a public highway, however. Also, no unit served by a pedestrian right-of-way shall be located further than 300 feet from an access road.
All structures shall be separated at least 50 feet from each other and set back a minimum of 75 feet from the perimeter boundaries of the development. A planting strip may be required where the property line is not wooded.
New York State Department of Environmental Conservation and Department of Health approval and evidence thereof shall be required for all sewer and water facilities, to the extent applicable.
Operations plan. Seasonal dwelling project applications shall include operational management plans to address parking, noise, litter control, public safety and related issues. Existing seasonal dwelling projects shall be prohibited from:
§ 240-36 Sand, gravel and quarrying operations.
Sand, gravel and other quarrying and excavation industries shall be permitted as special uses in the AC and the RU Districts, provided the limits of such operations shall extend no closer than 500 feet to any existing residence, institution or public or semipublic facility. In the case of blasting operations, this distance may be increased by the Planning Board.
All excavation industries shall comply fully with the Mined Land Reclamation Law and provide evidence of such compliance in connection with any special use application.
The manufacturing or processing of asphalt shall not be considered part of any excavation industry, and proposals for such uses, if and where permitted, shall be fully subject to the requirements of this chapter, notwithstanding preemptions of authority under the Mined Land Reclamation Law.
§ 240-37 Forestry uses.
Any person proposing to engage in commercial logging or forestry operations within the Town of Cochecton shall first obtain a permit from the Town Code Enforcement Officer for each project. A permit may be amended in writing to cover additional locations. Such permit shall be good for six months' duration but may be extended for successive periods of six months each, provided the operation continues to comply with all requirements contained herein. The permit application shall be made on forms to be developed by the Code Enforcement Officer and Town Highway Superintendent and shall be accompanied by a fee established by the Town Board, which fee amount may be adjusted from time to time by resolution of the Town Board to account for changing costs and factors such as the use of a professional forester. The application shall require only the following information:
No clear-cutting of more than 2.5 acres shall be done without obtaining a special use permit from the Town.
Logging roads constructed to provide access to county, state or Town roads shall be improved with crushed stone at the entrance for a minimum distance of 100 feet into the property being logged to reduce the tracking of mud and debris onto such roads except where the amount and duration of the activity is, in the judgment of the Town Highway Superintendent, so small as to not warrant such measures.
During the period of operation, the operator shall comply with New York State Department of Environmental Conservation Forest Practice Board standard practice requirements and timber harvest guidelines, and no operations shall take place without a permit from the Town or while one is revoked.
The purpose of this permit system shall be to ensure repairs, where necessary, to any Town roads and compliance with good forest practice as defined by the New York DEC Forest Practice Board. The Code Enforcement Officer shall be authorized to immediately revoke the permits of any commercial logger who shall not comply with these requirements until such compliance is secured, and failure to comply shall require the permanent ceasing of all activity by said logger within the Town of Cochecton. Commercial loggers who shall fail to comply with these requirements shall also be ineligible for any future logging permits within the Town.
The Code Enforcement Officer shall secure from the applicant a bond or other financial guarantee in an amount as set by resolution of the Town Board, in a form acceptable to the Town Attorney, to ensure performance to these standards in any instance where 25 acres or more is being commercially logged.[1]
§ 240-38 Communications structures.
Special definitions. As used in this section, the following terms shall have the meanings indicated:
A device used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes, and single poles known as "whips."
The building in which the electronic receiving and relay equipment for a telecommunications facility is housed.
Consists of the equipment and structures involved in receiving or transmitting telecommunications or radio signals, but limited to those facilities with respect to which the state and federal governments have not, under public utility laws, strictly preempted the Town from regulating.
A structure that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice-construction steel structures.
Design and location standards. The following design and location standards shall apply to all telecommunications facilities:
The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.
An evergreen screen consisting of a row of evergreen trees, planted 10 feet on center maximum, shall be located around the perimeter of the security fence, and existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, TAI/EIA-222-E Manual, as amended.
A soil report prepared by a professional engineer shall be submitted to the Planning Board to support the design specifications of the foundation for the tower and anchors for the guy wires, if used.
Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.
An antenna may not be located on a building or structure that is listed on an historic register or within 500 feet of such a structure.
Telecommunications facilities shall be permitted as a sole use on any lot in a RU or AC District, subject to special use procedures and the following:
A telecommunications facility shall be permitted on a property with an existing use, subject to the following conditions:
The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
Minimum lot area. The minimum lot area required above shall apply, provided the land remaining for accommodation of the principal use on the lot shall also continue to comply with the minimum lot area for the district.
Minimum setbacks. The minimum yards required above shall apply, provided the land remaining for accommodation of the principal use on the lot shall also continue to comply with the minimum yards for the district.
Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
Where an antenna for a telecommunications facility is to be attached to an existing structure or building, it shall be subject to the following conditions:
Maximum height: 50 feet above the existing building or structure.
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 shall be planted as required above 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.
Notwithstanding minimum yards provided for above, any tower shall be set back from all property lines a distance that is at least equal to the height of the tower. The tower shall also be set back from any active recreation facilities or fields a distance that is at least equal to the height of the tower.
Special use review criteria. Telecommunications facilities shall be subject to all the ordinary review criteria applicable to special uses in general, plus the following:
The applicant shall demonstrate that the tower for the telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company's system.
The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications towers.
The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.
The need for additional buffer yards and visual impact treatments shall be evaluated.
Where the telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.
Freestanding pole-type communications structures shall be given preference over towers supported by guy wires.
All communications structures shall be lighted for safety in a manner consistent with industry best practices.
All property owners and adjacent municipalities within 500 feet of the outside perimeter of the communications structure, including guy wires, shall be notified by certified mail prior to the Planning Board taking action. This responsibility shall be the applicant's proof of notification and shall be provided as part of the final application.
The Town may, as a condition of approval of the special use, require a financial guarantee to ensure the removal of a communications structure which has been abandoned or has been out of use for a period of 24 months or more.
An applicant for approval of a communications structure land development shall include with the application evidence of written notification to all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of co-located facilities. The proposed structure, if evidenced by need, shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities.
