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.

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.

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:

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.

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.

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.

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.

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:

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.

Hearing; decision.

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.

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 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.

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 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.

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.

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 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.

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.

The plan shall include details on how the applicant plans to address the following requirements:

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.

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 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.

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.

A written application from the applicant.

The required fee as herein provided.

Approval of the application, plans and specifications by the New York State Department of Health or its successors.

Special use/site plan review approval by the Planning Board.

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.

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.

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.

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.

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.

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.

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).

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.

A more desirable environment than would be possible through the strict application of other articles of this chapter or Chapter 215, Subdivision of Land.

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

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

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

The preliminary development plan shall show the location, proposed uses and height of all buildings; locations of all parking and truck loading areas, 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.

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:

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

After the Planning Board has approved the preliminary development plan, and 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.

No building permits shall be issued for construction within a PUD District until all required improvements are installed or a performance bond is posted in accordance with the procedures provided by Chapter 215, Subdivision of Land, and § 277 of the Town Law.

Activities intended for the sole benefit of the occupants of the particular project proposed; or

Permanent open space as hereinafter provided.

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.

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.

Minimum lot size: five acres.

Minimum yard setback requirements: 200 feet.

Maximum height:

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.

Maximum height:

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.