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 Board shall also specifically consider the following before approving, approving with modifications or disapproving the special use:

Consideration and determination of the adequacy of the above plan requirements are at the Planning Board's discretion.

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.

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 that the Code Enforcement Officer or Planning Board, as the case may be, determines the purpose of this section is achieved.

Trees shall not be deliberately planted in locations where they would directly and substantially shade and block the view from a neighboring residential property owner's window, an existing electronic reception or an existing solar energy device.

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 availability of sufficient on-street parking, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.

Where industry standards are inadequate for the particular use or site involved or such standards are unavailable, the following standards may be applied by the Planning Board or Code Enforcement Officer, as the case may be:

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 1 1/2 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 the 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.

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 county or state highways shall be subject to Sullivan County or New York Department of Transportation standards, as the case may be.

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. Each entrance and exit 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 Rockland 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 that requires year-round access from a Town highway that has been designated by the Town of Rockland Town Board as a low-volume or minimum-maintenance seasonal highway pursuant to § 205-a of the New York State Highway Law, unless the applicant assumes the cost associated with upgrade to year-round status.

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 500 trip-ends per day based on the following daily rates:

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.

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.

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 make 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:

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:

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.

All mechanical and body repair work, other than minor repairs such as changing belts and tires, 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.

Every manufactured home, whether sited individually or situated in a manufactured home park, shall be not less than 12 feet in width. 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.

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.

The park shall be designed to provide maximum open space consistent with the minimum manufactured home lot size requirements of the Manufactured Home Law[2] and offer buffering of individual manufactured 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.

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. Similar evidence shall be supplied to document the adequacy of proposed sewage treatment facilities.

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 U.S. Department of Housing and Urban Development regulations under the Manufactured Housing Act.

Mixed-use residential developments wherein manufactured 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 the Town of Rockland Subdivision Regulations.[3]

The manufactured home park shall not result in an over-concentration 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 Rockland.

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.

The proposed activity uses more than 5,000 square feet of building floor area.

The proposed use involves the outside storage of materials or supplies (excepting minor incidentals) and a maximum of three vehicles used in everyday service on behalf of the business.

The use involves any activity which could be construed as a junkyard within the meaning of Chapter 108, Junkyards, of the Town of Rockland Code.

The activity has the potential to cause a nuisance to surrounding property owners; adversely impact the peace, health, or safety of neighborhood residents; or cause a deviation from the character of the neighborhood. Factors for evaluating this standard shall be:

Water supply protection overlay zones shall be considered as overlaying other existing zones as shown on the Zoning Map and separate maps thereof (see Subsection C). Any uses not permitted in the underlying zone shall not be permitted in the water supply protection overlay zones. Any uses permitted in the underlying zone shall be permitted in the water supply protection overlay zones, except where the water supply protection overlay zones prohibit or impose greater or additional restrictions and requirements. In any cases where conflicts arise between these requirements and any other existing regulations, the more restrictive regulations shall apply. Any proposed use or any alteration, reconstruction, or structural change of a nonconforming use or activity wholly or partially within the Aquifer Protection Overlay District, which is required to comply with any additional requirements and standards as contained herein for stormwater runoff, underground petroleum storage, aboveground petroleum storage, indoor petroleum storage, hazardous substance storage, floor drains, hazardous waste storage, and/or pesticide/fertilizer storage and application shall be required to secure special use approval by the Planning Board prior to the issuance of a zoning permit or a certificate of occupancy by the Code Enforcement Officer. Special use approval must also be obtained from the Planning Board for any proposed use or activity which removes 1,000 gallons per day or more from the aquifer within the Aquifer Protection Overlay District. Applicants proposing a use in the Aquifer Protection Overlay District which requires special use approval shall include the following in a site plan:

The Planning Board, in reviewing the proposed special use application, shall ensure, as an additional review criteria, that it affords adequate protection to prevent contamination and depletion of the groundwater resources within the Aquifer Protection Overlay District providing drinking water for private residential wells and municipal wells operated by the Town of Rockland. In making such determination, the Planning Board shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality and quantity which would result if the control measures failed. In addition, the proposed use must comply with all requirements and standards as set for the use in the Aquifer Protection Overlay District. The Planning Board may also require changes or additions to the site plan as a condition of approval to safeguard groundwater resources. No building permit and no certificate of occupancy shall be issued unless and until such conditions have been fully met or performed. All improvements to the site shall be completed in strict conformance with the site plan as approved.

There are hereby established within the Town of Rockland two water supply protection overlay zones. These zones are delineated on a map entitled "Water Supply Protection Overlay Zones Map" filed with the Town Clerk and considered a supplement to the Official Zoning Map of the Town of Rockland. These zones are described as follows:

If a lot or combination of parcels for which a single development is proposed is wholly or partially within the Aquifer Protection Overlay District and Watershed Protection Overlay Zone, the provisions of the Aquifer Protection Overlay District and Watershed Protection Overlay District shall apply to all property within such lot or combination of parcels.

Aquifer Protection Overlay District.

Watershed Protection Overlay Zone.

In the Aquifer Protection Overlay District, the minimum size for on-site wastewater treatment systems (septic systems) shall be 80,000 square feet.

In the Aquifer Protection Overlay District, the total impervious surface area of each lot shall not exceed the following percentages:

There shall be no more stormwater runoff into streams or storm sewers than before development.

The off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities under pre-development conditions.

All stormwater runoff from new impervious surface areas shall be recharged to groundwater on site using infiltration basins, pits, trenches or impoundments in accordance with the design criteria for these stormwater management techniques as described in Chapter 6 of the NYSDEC manual "Reducing the Impacts of Stormwater Runoff from New Development." For commercial/industrial parking lots which produce significant loads of grit and oil, oil/grit separators (water quality inlets) are required to remove sediment and hydrocarbons which would clog soils and lead to failure of the infiltration structure.

The applicant shall prepare or have prepared a stormwater management and erosion control plan using the outline presented in Chapter 4 of the NYSDEC manual "Reducing the Impacts of Stormwater Runoff from New Development."

Dry wells, infiltration trenches, and infiltration basins shall be used to dispose of stormwater only where other methods may not be feasible, as determined by the Planning Board, due to physical constraints of the site. No such infiltration systems for disposal of stormwater shall be located within 400 feet of a public water supply well.

Surface infiltration trenches must have grass buffers and dry wells, and subsurface infiltration trenches must have oil, grease and sediment traps (water quality inlets) to capture excess loads of sediment, grease, oils, and settleable solids and other objectionable materials, including floatable organic materials, before stormwater is allowed to enter the infiltration system.

Dry wells shall be equipped with an accessible cap, and underground infiltration trenches shall be equipped with observation well(s). All caps to dry wells and observation wells shall be locked or constructed to prevent vandalism.

There must be a vertical separation distance of at least four feet between the bottom of the infiltration system and the season high water table or bedrock. The required separation distance must be verified by test pits/soil borings under the direction of a professional engineer licensed to practice in the State of New York.

The following activities shall be exempt from the stormwater management and erosion control plan requirements: agricultural activities (including household gardening and timber harvesting) that is not part of a development project; development of less than five single-family or duplex residential dwelling units and their accessory structures in an existing subdivision; development of one single-family or duplex residential dwelling unit not in an existing subdivision; industrial and/or commercial development projects which result in an impervious surface of less than 10,000 square feet; and any maintenance, alteration, use, or improvement of an existing structure which will not change the quality, rate, volume, or location of stormwater discharge or contribute to erosion and sedimentation.

Double-walled piping or other form of piping secondary containment and a piping leak detection system;

Cathodic protection for any steel/iron underground piping;

A dike, berm or other secondary containment structure composed of impermeable material which is designed to contain at least 120% of the volume of the largest tank enclosed by the containment structure;

Visual gauges to monitor fluid levels and/or high level alarms to warn of an imminent overfill;

Spill prevention valves;

Tank labels; and

Security against unauthorized entry into storage areas.

Petroleum shall be stored in product-tight closed containers, containers equipped with a lid, or still tanks;

All storage areas shall be equipped with a secondary containment structure built of impervious material which is designed to contain at least 120% of the volume of the largest container enclosed by the containment structure;

No storage areas shall be located in proximity to floor drains;

Storage areas shall be secured against unauthorized entry;

The tank or containers shall be mounted/stored on a concrete floor or pad;

For tanks, visual gauges installed to monitor fluid levels and/or high level alarms to warn of an imminent overfill;

For tanks, spill prevention valves; and

Tank/container labels.

Outdoor, aboveground storage of hazardous substances is prohibited in the Aquifer Protection Overlay District.

Indoor storage areas for quantities of hazardous substances, pesticides, herbicides, and fertilizers that total more than 250 dry weight or 50 gallons liquid shall meet all applicable federal and state requirements and the following requirements and standards [storage in original, sealed containers for the purpose of resale shall be exempt from Subsections K(2)(c) and (d)]:

An accurate log or inventory of hazardous substances on site shall be maintained.

A spill control plan shall be prepared and posted in a conspicuous location. The plans shall contain a description of operational procedures, a description of potential spill sources, the names and telephone numbers of persons responsible for responding to the spill, the procedures for containing and cleaning up the spill, the procedure for notifying the Town and other appropriate local and state officials.

The owner or applicant of a facility generating hazardous waste shall demonstrate the availability and feasibility of temporary indoor storage methods which are in accordance with all applicable local, state, federal laws, and the requirements of this article for hazardous waste to be produced in quantities greater than those associated with normal household or agricultural use.

The owner or applicant shall demonstrate that wastes will be properly handled and stored until disposed of at a licensed hazardous waste treatment, storage, or disposal facility by a licensed waste hauler.

Temporarily accumulated hazardous waste will be in accordance with all applicable local, state, federal regulations.

An accurate log or inventory of hazardous wastes stored on site shall be maintained, including a description of the waste contained in container, the date of waste generation, the date of removal by a licensed waste hauler, and the name and address of the licensed waste hauler.

A spill control plan shall be prepared and posted in a conspicuous location. The plans shall contain a description of operational procedures, a description of potential spill sources, the names and telephone numbers of persons responsible for responding to the spill, the procedures for containing and cleaning up the spill, the procedure for notifying the Town and other appropriate local and state officials.

Areas utilized for the stockpiling or bulk storage of manure and associated agricultural waste from commercial agricultural establishments shall be constructed and maintained in accordance with best management practices such that seepage, leachate, or runoff from stockpiling or storage of animal waste does not cause or contribute to the contravention of a water quality standard.

Commercial agricultural storage and use of fertilizers and the land application of manure shall be in conformance to the degree practicable with best management practices as recommended by the Sullivan County Soil and Water Conservation District.

Storage, use, and/or application of pesticides must be in accordance with proper certification from the New York State Department of Environmental Conservation.

To preserve the character and quality of life in the Town neighborhoods and business areas.

To control such documented harmful and adverse secondary effects of adult-oriented business on the surrounding areas such as: decrease in property value; attraction of transients; parking and traffic problems; increased crime (including prostitution, rape and assaults) in the vicinity of such businesses; loss of business for surrounding nonadult businesses; and deterioration of a neighborhood.

To maintain property values.

To prevent crime.

To protect retail trade.

To restrict minors' access to adult-oriented businesses.

To maintain the general welfare, safety and morals for the Town of Rockland residents.

Public appearance by a person knowingly or intentionally engaged in sexual intercourse, deviate sexual conduct or the fondling of the genitals of himself or another person, or the fondling of female breasts.

The knowing and intentional public appearance of a person in a state of nudity.

No telecommunications facility, except those approved prior to the effective date of this section, shall be used unless in conformity with the Town of Rockland Zoning Chapter. No telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations.

No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such telecommunications facility:

Applicants proposing new telecommunications facilities, physical expansions of existing telecommunications facilities or the location of telecommunications facilities within or on other existing structures shall require a special use permit and site plan review hereunder.

Applicants proposing to collocate new telecommunications arrays on a previously approved telecommunications facility without extending the height thereof or otherwise physically expanding the facility except for additional equipment buildings within previously designated fenced-in areas shall not require a special use permit or site plan review but shall require accessory use permits.

Application filing requirements: special use permit. Applicants for a special use permit for a wireless communications facility shall fulfill the requirements of a Type 1 action under SEQR, and shall, in addition, provide the following:

Wireless communications facilities shall only be located upon the grant of site plan approval and a special use permit. Applicants seeking approval for wireless communications facilities shall comply with the following:

Towers shall be set back from all property lines the greater of a distance that is equal to the height of the tower or the required setback or buffering distance set forth in the Town of Rockland Municipal Code.

All structures, buffers, setbacks, fences and other appurtenances shall be located on one lot and shall not extend over lot lines.

The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

A telecommunications facility shall be permitted on a property with an existing use subject to the following conditions:

Collocation requirements.

Antennas and their supporting structures shall be securely mounted to withstand the wind loads for the place of installation in accordance with the New York State Building Law.

Antennas and their supporting structures shall be constructed and maintained in conformance with all building, electrical, fire prevention and other applicable laws adopted by the Town Board, be in conformity with all construction or performance standards (including but not limited to approved fastening devices and techniques that insure proper mounting, approved materials and methods for electrical connections, adequate structural support, etc.), be in conformance with the rules and regulations of any governmental entity having jurisdiction over such antennas or support structure, including, without limitation, the Federal Communications Commission.

Notwithstanding anything contained herein to the contrary, no permit shall be issued for any transmitting antenna which interferes with the reception or transmission of any FCC approved communication device or antenna. If interference does result from the operation of a transmitting antenna, the owner of the most recently installed antenna shall immediately eliminate the interference or cease operations of the facility.

Wireless communications facilities shall comply with the following requirements:

Camouflage. Wireless communications facilities shall be the least obtrusive and the most appropriate to the proposed site, as determined by the Planning Board.

All wireless communications facilities shall be designed to blend into the surrounding environment through the use of design and color except in such instances where color is dictated by federal or state authorities such as the Federal Aviation Administration.

A wireless communications facility which is roof-mounted on a building shall be concealed within or behind existing architectural features to limit its visibility from public ways, and shall be stepped back from the front facade in order to limit its impact on the building's silhouette.

A wireless communications facility which is side-mounted on a building shall be painted or constructed of materials to match the color of the building material directly behind it.

The Planning Board may require the use of stealth technology to camouflage groundmounts.

An evergreen screen consisting of a row of eight feet high evergreen trees planted 10 feet on center maximum shall be located around the perimeter of the security fence. The Planning Board may, however, modify or waive screening requirements if the site is entirely or partially wooded so as to provide existing screening. Existing on-site vegetation 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 and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute, TAI/EIA-222-F manual, as amended, and withstand wind gusts of up to 100 miles per hour.

A new antenna may not be located on a building or structure that is listed or eligible for listing on the State or National Register of Historic Places or within 1,000 feet of such a structure.

Within 45 days of initial operation or modification of a telecommunications tower, the owner or operator shall submit to the Code Enforcement Officer a written certification by a professional engineer with expertise in radio communications facilities or architect that the operating facility is in compliance with the application submitted, any conditions imposed and all other provisions of this legislation. The Town may confirm and periodically re-confirm compliance as necessary to ensure that the tower continues to comply with its applications and all conditions imposed and if found not to be in compliance, the use of the facility shall immediately be required to cease and the provisions provided in § 185-30T pertaining to abandonment or discontinuance of use shall be invoked.

All equipment proposed for a wireless telecommunications facility shall be authorized under the FCC guidelines for evaluating the environmental effects of radio-frequency radiation (FCC Guidelines). If new, more restrictive standards are adopted by any appropriate federal or state agency, the facility shall be made to comply within a reasonable time as determined by the Code Enforcement Officer or continued operations may be restricted or prohibited by the Planning Board. The cost of verification of compliance shall be borne by the owner and/or operator of the facility.

Wireless communications facilities shall not be artificially lighted or display strobe lights unless required by the Federal Aviation Administration (FAA) or other applicable authority. Security lighting of equipment structures and other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade.

Notwithstanding the preceding subsection, an applicant may be compelled to add FAA-style lighting and marking or security lighting if in the judgment of the Planning Board such a requirement would be of direct benefit to public safety.

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

The facility and its appurtenant structures and equipment shall not generate noise in excess of 50 dB at the property line.

Equipment shelters for wireless communications facilities shall be designed consistent with one of the following standards:

Accessory structures for wireless communications facilities shall be permitted if the structures are constructed for the sole and exclusive use and operation of the communications facility, are the minimum size necessary to meet the needs of the specific site, and meet the following requirements:

A road and parking plan shall be provided to ensure adequate emergency and service access and shall meet the requirements of the Planning Board. Any driveway shall meet the requirements of the Planning Board and the highway authority of the road on which the driveway fronts.

Maximum use of existing public and private roads shall be made, consistent with safety and aesthetic considerations.

Road construction shall minimize ground and vegetation disturbance. Road grades shall follow natural contours to reduce soil erosion potential and to ensure that roads are aesthetically compatible with the character of the surrounding area.

The Planning Board may require an erosion and sedimentation control plan and may refer the site plan to the County Soil and Water Conservation District, Town Engineer, and/or Town Planner for review.

Unpaved roads shall be considered unless conditions require paving, as determined by the Planning Board, in consultation with the appropriate authorities or consultants.

Access roads, driveways or parking areas shall provide adequate interior turnarounds such that service vehicles will not have to back out onto a public thoroughfare.

Wireless communications facilities shall not be located in wetlands or in regulated wetland buffer areas, in endangered or threatened species habitats, water bodies, historic or archaeological sites.

No hazardous waste shall be discharged on the site of any wireless communications facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

If applicable, additional stormwater runoff generated by the use shall be contained on site.

Ground-mounted equipment for wireless communications facilities shall not generate noise in excess of 50 dB at the property line.

Radio frequency radiation (RFR) standards. All equipment proposed for a wireless communications facility shall be authorized per the FCC Guidelines. The owner of the facility shall submit evidence of compliance with the FCC Guidelines on a yearly basis to the Planning Board. If new, more restrictive standards are adopted by any appropriate federal or state agency, the facility shall be made to comply or continued operations may be restricted by the Planning Board. The cost of verification of compliance shall be borne by the owner and operator of the facility.

Security barrier. All wireless communications facilities shall be provided with security measures such as fencing, anticlimbing devices, electronic monitoring, or other methods sufficient to prevent unauthorized entry and vandalism. Fencing shall have a locking security gate. Electrified fence, barbed or razor wire shall be prohibited.

Structural soundness and fall zone. Wireless communications facilities shall be designed by a licensed professional engineer with expertise in radio communications facilities to withstand overturning and failure. In the event of failure, facilities shall be designed so that they will fall within the setback area of the site and/or away from adjacent residential properties. The Planning Board shall require a foundation design and certificate of safety from the carrier to document structural soundness.

Application filing requirements, site plan approval. All applicants for a wireless communications facility shall fulfill the site plan requirements of this chapter and shall, in addition, provide the following:

All wireless communications facilities requiring a special use permit shall comply with the following requirements:

When the Code Enforcement Officer determines that the application is complete, the Planning Board shall meet to consider the application and shall issue its determination as to whether or not to grant a site plan approval and a special use permit within 60 days after their meeting. All determinations shall be in writing, supported by substantial reasons based on evidence, on the record, and mailed to the applicant. If an applicant feels that a special use permit or site plan approval has been unfairly denied, he may follow the procedures for appeals set forth in the Code of the Town of Rockland.

The Planning Board shall be satisfied that the tower for the communications facility is the minimum height necessary for the service area and that the site chosen is the one that will afford the opportunity to construct the lowest height communications tower possible, taking into consideration all lands available within a reasonable distance, including those which may lie within adjoining municipalities.

The need for additional buffer yard treatment shall be evaluated. Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.

Visual assessment data shall be used to determine how the communications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers. Camouflaging or relocation of the structure may be required. The Planning Board shall also consider alternative sites in assessing visual impacts and the imposing of conditions as may be required to minimize such impacts, including requirements that any tower be of a shape, contour and finish (either painted or unpainted) that minimizes its visual impact. The Planning Board may also require a tower to be in the shape of a tree, flagpole, church steeple or other similar tall structures. Accessory structures shall similarly maximize the use of building materials, colors and textures designed to blend with natural surroundings.

All communications structures shall be lighted for safety in a manner consistent with industry best practices and where lighted additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

Should any tower cease to be used as a communications facility, the owner or operator or then owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Town of Rockland to remove the facility and charge back the cost of removal to the foregoing parties. The Town of Rockland may also file a municipal lien against the land to recover the costs of removal and attorneys' fees.

The Planning Board, in addition to any other authority conferred under Town Law and local ordinance is authorized to attach the following conditions on the granting of a special use permit/site plan approval for a telecommunications facility:

The applicant intends to alter the terms of the special use permit by changing the number of facilities permitted on site or by changing the technology used for the facility.

The applicant intends to add any equipment or additional height not specified in the original special use permit.

Telecommunications facilities shall be inspected annually at the applicant's expense for structural integrity, and a copy of the inspection report shall be promptly transmitted to the Code Enforcement Officer. The structural inspection shall be performed by a New York State licensed professional engineer.

The annual inspection report shall describe the structural integrity, maintenance issues and repairs needed or made, if any.

In the event that the structural inspection indicates structural deficiencies, the deficiencies must be remedied by the applicant at the applicant's expense within a time period reasonably set by the Code Enforcement Officer.

Telecommunications facilities shall be annually inspected at the applicant's expense for radio emissions and a copy of the inspection report shall be promptly transmitted to the Code Enforcement Officer. Radio emission inspections shall be performed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communications facilities.

The radio emission inspection report shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of collocated antennas.

In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility is above the allowable limits of the applicable state or federal regulations.

Any wireless communications facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the facility shall physically remove it within 90 days of receipt of a notice to remove. "Physically remove" shall include, but not be limited to:

Towers and antennas shall be removed if the owner's or user's special use permit for these facilities has expired or been terminated or if the facilities are no longer being used by the FCC licensee. Towers and antennas shall be removed if there is not at least one operator with a valid special permit using the tower. Potential or planned future use of any facility for commercial communication service is not sufficient to avoid the requirement for removal.

If the removal of towers and antennas is required, accessory buildings and other structures shall also be removed unless:

Each applicant seeking a special use permit for a wireless communications facility shall provide a written contract with the Town agreeing to be fully responsible for removal, and indemnifying the Town for the costs of removal of antennas, accessory buildings and supporting structures such as towers when removal is required.

If a proposed wireless communications facility will be owned by an entity other than an FCC licensed carrier which will use that facility, the carrier shall provide to the Planning Board a copy of a contract between the facility owner and the FCC licensed carrier in which the owner agrees to remove the facility, including any tower, antennas and accessory structures, and indemnify the Town for the costs of such removal, when these facilities are no longer being used by an FCC licensed operator with a valid special use permit.

A decision to require removal shall be the responsibility of the Planning Board after consulting with the Code Enforcement Officer and the Town Attorney. Removal shall occur within 90 days of the Planning Board's decision to require removal unless the Planning Board has agreed to an extension of that time. If not removed within the designated period, the Town shall have the right to compel removal, with all costs to be borne by the special permit holder who owns and/or previously used the facilities. Removal costs may also be recovered from the owner of the tax parcel on which the facilities are located.

When towers are removed, site reclamation shall be completed to the satisfaction of the Planning Board within 90 days of structure removal. Reclamation shall include landscaping, removal of structures, utility lines and accessory structures, and shall encompass the building site and buffer area controlled by the facility owner.

If the carrier fails to remove the facility, the Town will have the authority to enter the property and remove the facility with the costs of removal assessed against the property.

Before obtaining or renewing a special use permit, the applicant shall provide financial surety in an amount and form acceptable to the Town Board (in consultation with the Planning Board and the Attorney for the Town) to ensure full and complete performance of all conditions imposed by the Planning Board as a requirement of the special use permit, including but not limited to adequate construction of the facility and its access road, the proper maintenance and continued vitality of the plantings and landscaping, the removal of the tower and ancillary facilities upon the abandonment or decommissioning by the applicant and reclamation of the site.

Such bond is to be renewed annually.

Every special use permit shall be limited to the applicant, and any assignment or transfer of the special use permit or any of the rights thereunder shall be made only with the approval of the Planning Board except in the case of an assignment or transfer to a corporate affiliate or successor of the applicant.

The special use permit shall expire after two years from date of approval by the Planning Board.

The applicant has one calendar year from date of approval of the special use permit to commence construction and 14 months from date of approval of the special use permit to complete construction. If construction is neither begun nor completed within these time frames, the special use permit shall expire.

Amateur radio facilities with antennas mounted on supporting structures less than 100 feet in height.

Residential antennas for receiving television, AM radio and FM radio broadcast signals.

Customer-premise antennas for receiving microwave or satellite signals, providing such antennas are less than one meter (39.4 inches) in height or diameter and are mounted on a support structure less than 12 feet in height or protrude less than 1 1/2 meters above the top of the building on which it is mounted, whichever is less.

An applicant who proposes a new telecommunications tower shall notify the legislative body of each municipality that borders the Town of Rockland in writing, the Sullivan County Planning Board and the Director of the Sullivan County Emergency Services. Notification shall include the exact location of the proposed tower, a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use. Proof of said notification shall be provided to the Planning Board at the time of application.

The applicant shall be required to mail notice of the public hearing pertaining to a site plan approval and special use permit directly to all landowners whose property is located within 500 feet of the boundary lines of the parcel on which a new tower is proposed. Said mailing shall be by certified mail, return receipt requested, and proof of mailing shall be submitted to the Board at the time of hearing. Such mailing shall be made at least 14 days prior to the public hearing.

Notice of public hearing shall also be mailed to the administrator of any federal or state parklands from which the proposed tower would be visible if constructed. Notification shall be by certified mail, return receipt requested, and made at least 14 days before the hearing. Documentation of this mailing shall be submitted to the Board prior to the public hearing.

All the requirements of General Municipal Law § 239 shall be complied with and verification thereof shall be provided to the Planning Board at the commencement of the public hearing.

All stormwater management improvements shall be properly maintained so as to continue to perform in their intended manner. Sediment shall, at a minimum, be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The Town Building Department, upon observing that such improvements are not being so maintained, may direct a property owner to undertake such maintenance. Failure to comply after a minimum of 30 days' notice shall constitute a violation of this law.

No person shall allow, or cause to allow, stormwater discharges into the Town's separate storm sewer system that are not composed entirely of stormwater, discharges from firefighting, water from foundation drains, flows from natural sources and flows from other similar uncontaminated sources. No drain or conveyance, whether on the surface or subsurface, that allows any nonstormwater discharge or wastewater (including floor drains and the like) to enter the separate storm sewer system shall be permitted.

Signs required by duly constituted governmental bodies and their agencies, where such signs are established in the interest of the safety, convenience or welfare of the general public. The number and location of such signs shall be as directed by the governmental agency having jurisdiction.

Signs incidental to the legal process.

Signs necessary for the identification, operation or production of a public utility.

Traffic control signs required for traffic control purposes shown on an approved site plan or posted pursuant to the order of traffic control agencies and conforming to the Manual of Uniform Traffic Control Devices of the New York State Department of Transportation.

On-premises directional and/or instructional signs for the convenience of the general public, identifying public parking areas, loading zones, entrances and exits, self-service areas and similar signs, nonilluminated and not to exceed four square feet; except where a portion of a sign is text required by law or regulation, the total area may be increased to a maximum of six square feet per face.

Flags of the national, state, county or Town government and banners and emblems or name and meeting place signs of civic, philanthropic, educational or religious organizations or institutions.

Signs and decals pertaining to the tenant's registration with, or membership in, a professional organization/affiliation or civic association.

Temporary signs in any zoning district pertaining to and displayed during campaigns, drives, or events of civic, philanthropic, educational or religious institutions, provided such signs are erected not more than three weeks prior to the event and are removed not later than two weeks after the event.

Memorial plaques, cornerstones, historical tablets and the like.

Signs required to be maintained or posted by law or governmental order, rule or regulation, unless specifically prohibited, limited or restricted.

Signs indicating the name or address of the residential occupant.

A single sign (single- or double-faced) per dwelling unit or office for a permitted home occupation or professional office (physician, dentist, architect, engineer, surveyor or lawyer), provided that it shall not be larger than four square feet in area. Only one such sign per dwelling unit shall be permitted.

Sale or rental signs. Temporary, nonilluminated signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any person interested in the sale or rental of such premises may be erected or maintained, provided that the size of any such sign does not exceed six square feet and not more than two signs are placed upon any property unless such property fronts upon more than one street, in which event two more signs may be erected on each additional frontage. Signs shall be removed by three days after the sale, lease or rental of the premises.

Temporary construction signs, one per site, not exceeding 20 square feet in area, either affixed to the wall of the building to which they pertain or to a post, identifying the project under construction, participating designers, contractors or developers, etc. Said sign shall be permitted only during the construction period of the project and shall be removed immediately upon completion of the construction or improvement. Said sign shall conform in all respects to the provisions of these regulations.

Signs calling attention to a change in the status of a business, which signs are customarily painted on a window or constructed of paper, cloth or other light material and attached to or located within six feet of the interior side of the window. Said signs shall not be displayed for more than 90 days. Banners and streamers advertising the opening of a new business may be permitted up to 30 days after the date on which the business commences operation and is open to the public, provided the applicant has first provided a cash deposit posted with the Town Clerk for purposes of covering the cost of removing the banners, streamers and temporary signs in the event the applicant fails to do the same within the designated time period. The cash deposit shall be refunded upon the applicant's compliance with these provisions within the time period specified above.

Signs displayed in a window indicating the availability of a public telephone or notary public and/or the possession of any licenses normally required to conduct a given business.

Holiday decorations displayed in season only.

Temporary signs for tag or garage sales, provided such signs contain the name of the seller and date of the sale, are displayed only seven days prior to the sale, and are removed the day after the sale.

"No trespassing" signs to include similar signs, including "Warning," "Private Drive," or "Posted" signs, not to exceed two square feet in surface area.

Signs setting forth matters of public information and convenience (i.e., statements of personal opinion), including statements of protest.

Political signs and political advertising.

Price signs required on gasoline pumps by New York State or federal law, not to exceed the minimum requirements established by said state or federal laws.

Off-premises signs. Signs or billboards advertising items sold or produced elsewhere than on the lot where such sign is located are prohibited. Signs advertising services or resorts not located on the lot where such sign is located are prohibited, unless part of an overall Town-approved directory sign.

Signs on any roof or extending over any portion of the roof or parapet to which they are attached.

Flashing or intermittently illuminated signs. A sign which exhibits changing light or color effects, even though the intensity of light may be relatively constant, shall be deemed a flashing sign.

Signs where the source of illumination is visible, including neon-type electric signs (except for neon window signs in the GB and NB Districts), and externally illuminated signs where the light is not primarily directed toward the sign and the light is visible elsewhere on the lot where the illumination occurs.

Searchlights to attract attention to a sign or permitted use.

Strings of incandescent lights.

Flashing, moving or rotating signs.

Pennants, streamers, banners or other eye-catching devices (with the exception of Town-approved banners for upcoming public events).

Portable signs, with or without wheels, easel-type, "A" frame or other; any sign not permanently affixed to a building or the ground.

Inflatable signs and tethered balloons.

Signs which compete for attention with or may be mistaken for a traffic signal.

Human signs.

Digital or electronic signs.

Signs or advertising matter of an indecent or obscene nature shall be prohibited.

Any advertising which uses a series of two or more signs placed along a street or highway, carrying a single advertising message or theme, part of which is contained on each sign, shall be prohibited.

Signs using wording such as "stop," "look," "danger" or words of a similar nature which may tend to confuse, mislead or resemble any governmental or duly authorized sign shall be prohibited.

Portable signs shall not be allowed. Vehicles and/or trailers parked on the street or in locations on private property which have attached thereto or suspended therefrom any advertising sign shall, where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property, not be allowed. This subsection shall not apply to permanent business identification on vehicles.

Signs which project above any roof ridgeline or parapet line shall not be permitted. Signs, other than permitted projecting signs which change the profile of the building shall not be permitted.

Permit required. Excepting exempt signs (described in Subsection C above), no sign shall be erected or installed upon any structure or upon any land, nor shall existing signs be changed, until a sign permit has been obtained from 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 if the applicant is not the property owner.

No exempted or permitted sign shall be placed at a location which endangers the public health, safety and welfare.

Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Illumination. In districts where illuminated signs are permitted, the source of illumination shall be shielded so that it is not visible beyond the boundaries of the lot on which it is located.

Signs must be clearly accessory to the use or uses on the lot on which they are located, and such signs and lighting must be shown to be essential to the principal use upon the lot.

The size and content of the sign shall be the minimum essential for legibility and for the provision of information to patrons or invitees seeking the particular use being identified.

The sign content shall must clearly provide only information necessary to identify the use upon the lot.

Garish colors, such as Day-Glo and fluorescent, and garish materials, including those that are highly reflective, should be avoided.

All signs, together with their supporting braces, guys, anchors, etc., shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or maintained at all times.

All signs and parts thereof shall be stationary and shall not be allowed to move or simulate movement.

Sign measurement.

Number of signs.

Freestanding signs.

Wall signs.

Projecting signs.

Window signs.

On-premises directional signs.

Off-premises directional signs.

Business complex signs. The following regulations shall apply specifically to a business complex. These regulations supersede other provisions of this chapter.

A change in use;

Destruction, damage, abandonment, or disrepair of said sign to the extent that 51% of its replacement cost must be expended in its repair; or

Creation of a hazard or disturbance to the health, safety, and welfare of the general public as determined by the Code Enforcement Officer.

The erection of a sign not in accordance with the permitting requirements and regulations herein constitutes a violation.

Removal of certain signs. Any sign, including structural supports or frame, now or hereafter existing, which no longer identifies a use on the subject premises, or which is not being maintained, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign is found within 10 days after written notification from the Code Enforcement Officer. Upon failure to comply with such notice within the time specified in such order, the Code Enforcement Officer shall issue a violation to said owner.

Unsafe signs. Should a sign be or become insecure or in danger of falling or otherwise unsafe in the opinion of the Code Enforcement Officer, the owner thereof or person maintaining the same shall, upon receipt of written notice from the Code Enforcement Officer and in any case within five days thereafter, secure the same in a manner to be approved by the Code Enforcement Officer. If such order is not complied with, the Code Enforcement Officer is hereby authorized to cause removal of the unsafe sign, and any expense incident thereto shall be paid by the owner of the building, structure or premises on which such sign is located. When any sign is in such dangerous condition as to be immediately dangerous to the safety of the public, the Code Enforcement Officer is hereby authorized to take such action as in his opinion shall be necessary to protect the public or property. The cost of the removal shall be borne by the owner of the property on which such sign was erected and shall become a lien upon such property until paid.

Setbacks. All solar collection systems must meet the setbacks of the district(s) in which such systems are located.

Height. All solar collection system structures shall be erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve, and that such structures do not obstruct solar access to neighboring properties.

All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards, and all solar collector installations shall be performed by a qualified solar installer.

Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.

Placement of solar collectors on flat roofs shall not extend above the roofline.

Building permits are required for the installation of all ground-mounted solar collectors.

Solar energy equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors.

Freestanding solar energy collectors shall be screened when possible and practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure.

For commercial solar array systems, any connection to the public utility grid requires approval from the applicable public utility company and such approval shall be supplied to the Planning Board as part of the special use permit review. Connections to the public utility grid must be inspected by the applicable public utility.

Renewal of a temporary special use permit shall be granted following due public notice and hearing and may be withheld only upon determination by the Code Enforcement Officer to the effect that such terms and conditions prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases of noncompliance, a period of 60 days shall be granted the applicant for full compliance prior to revocation of said permit.

It is the responsibility of the applicant and not the Town of Rockland, or any board, officer or employee thereof, to initiate the request for the renewal prior to the expiration of the original term of such temporary renewable special use permit. If the permit is not renewed prior to the date set for expiration, the right to continue such special use shall terminate on such expiration date, subject to the right of the applicant to seek a renewal. Applications for permit renewals shall be made on the applicable form provided by the Town of Rockland. The application shall include an affirmation that there have been no changes in the use since the date of the original approval.

The Planning Board shall have the ability to place additional conditions on the special use permit renewal, should this be necessary for the continuance of the use. In its issuance of additional conditions, the Planning Board shall include the reasoning for such conditions in the record.

To enable landowners to enjoy the outdoors while balancing these activities with the preservation of the quality of life in the Town.

To accommodate certain low-impact camping activities and distinguish these from certain larger camping activities, including commercial operations, that require different approaches to help ensure preservation of the overall quality of life in the Town.

In the RC, R1, R2, and NB districts primitive accessory camping shall be allowed without a permit as a temporary, accessory use on parcels with a dwelling occupied by the owner or on an immediately adjacent parcel held in the same ownership in accordance with the following Subsection B(1)(a) through (f) and Subsection B(2)(a) and (b), below. Primitive camping is also allowed on separate vacant parcels without a permit and, in addition to meeting the requirements of Subsection B(1)(a) through (f), below, shall meet requirements in Subsection B(2)(a) and (b).

Primitive accessory camping on vacant parcels (not adjacent to a parcel with a dwelling occupied by the owner), in addition to Subsection B(1)(a) through (f), must meet Subsection B(2)(a) and (b) as follows.

In the RC and R1 Districts, modern accessory camping shall be allowed without a permit as a temporary, accessory use on parcels with a dwelling occupied by the owner or on an immediately adjacent parcel held in the same ownership in accordance with the following provisions, Subsection C(1)(a) through (j) below.

Separate vacant parcels. In the RC and R1 Districts, modern accessory camping on vacant parcels that are not adjacent to a parcel held in the same ownership shall, in addition to Subsection C(1)(f) through (j), above, be subject to the provisions of Article IV, Special Use and Site Plan Review, and meet requirements in Subsection C(2)(a) through (d), below.

To provide for rural, low-impact camping experiences while balancing these activities with the preservation of the quality of life in the Town.

To establish supplemental criteria to help ensure that the conduct of such activities is in keeping with the character of neighborhood.

A parcel must be a minimum of 10 acres.

One commercial tent site is permitted per 10 acres of land; no other camping sites are to be located on commercial tent site parcels.

A maximum of eight people (overnight campers and visitors) is permitted per campsite.

All campsites must be located at least 75 feet from a watercourse, wetland, or other environmentally sensitive resource or site and at least 100 feet from any property boundary. The NYS DEC's Environmental Resource Mapper (https://gisservices.dec.ny.gov/gis/erm/) can assist in identifying locations of environmental resources. Camping shall take place in designated sites only.

Emergency access. The property shall be served by an onsite road, interior driveway, or parking area located outside the public road right of way. The means of access shall be sufficient to accommodate the number of vehicles using the camping facility and provide for safe access and passage for emergency vehicles. Each tent commercial camping site must have a Sullivan County assigned 911 address. Roads and driveways may be subject to the New York State Uniform Fire Prevention and Building Code, the Town of Rockland Subdivision Regulations, and any other applicable regulations to ensure safe and proper emergency access.

Camper safety responsibility. Campers in tent commercial camping operations, which are rugged and remote in nature, bear sole responsibility for their own safety and welfare. The Town is not liable for any harm or loss that may result at remote campsites and other locations at tent commercial camping operations. The Town is not a party to any contractual relationships between campers, landowners, and tent commercial camping operators.

All-terrain vehicles. ATV use shall be for emergency and facility maintenance purposes only and shall take place only on a trail that is designed and maintained to accommodate such vehicles.

Water supply. The applicant shall demonstrate to the planning board that an adequate and safe water supply will serve the campsite(s).

Waste/wastewater collection, treatment, and disposal. The applicant must provide certification acceptable to the Town that the waste/wastewater collection and disposal system is adequate for the proposed camp use. Any deficiencies in wastewater collection and management must be addressed immediately by the owner or designated agent. All wastewater collection and treatment systems must meet the requirements of the town, county, and state laws, as applicable.

Garbage disposal. The applicant shall demonstrate to the satisfaction of the Planning Board that the collection, management, and disposal of any garbage or other wastes generated within the camp will be properly conducted.

Regulatory compliance. The applicant for the camp shall obtain, or agree to obtain, as a condition of site plan review and special use approval, all regulatory approvals required by federal, state, or local agencies including but not limited to the NYS Department of Health, the NYS Department of Environmental Conservation, the Town of Rockland Highway Department, and the NYS Department of Transportation. The camp shall be in conformance with the requirements of the NYS Uniform Fire Prevention and Building Code. The Code Enforcement Officer may conduct periodic inspections to ensure applicable regulations are being met.

Management. Every camp shall maintain with the Town the contact information for the person in charge of the camp, including a phone number(s) for contact in the event of an emergency, or otherwise, at all times. The person in charge of the camp, or their duly authorized representative, shall be available to respond to any inquiries or notifications by the town within 24 hours.

Noise. All activities in the camp shall comply with the noise regulations of the town of Rockland.

Parcel size and frontage. A parcel must be a minimum of 10 acres and have a minimum of 150 feet of frontage on a state, county or Town highway.

Number of sites. A private campground may contain up to 50 campsites, provided all other requirements of this section are met. Campsites within the campground may include any combination of tent sites, lean-tos, recreational vehicle sites, or cabins in accordance with requirements in this section and in § 185-11, Schedule of District Regulations. Camping shall take place in designated sites only.

Permanent dwelling unit. A single permanent dwelling unit, such as the campground owner's or manager's dwelling may be located on the campground. Such dwelling shall count (as one campsite) towards the allowable number of campsites. No other accessory facilities proposed on the campground shall be counted as campsites towards determining the allowable number of campsites.

Developed area. The percentage of the developed area of the parcel shall not exceed 40%. The developed area shall include all structures, camping sites, roadways, and other infrastructure necessary for the operation of the campground. The developed area may be noncontiguous.

Seasonal operations. A private campground may operate only from April 1 through November 30.

Buffer. A minimum 100-foot greenspace buffer shall be provided adjacent to rear and side property lines for new camps. No new buildings shall be allowed within the buffer area. The Planning Board shall require landscaping to screen camps from adjacent properties, unless there is an existing natural buffer in place that will provide a sufficient screen. Such landscaping shall be maintained and replaced as needed. For existing camps, all buildings within the buffer area referred to herein are nonconforming structures, and no new buildings or uses shall be allowed in the buffer area hereafter.

Road design and emergency access. All campground sites shall be accessible at all times to all vehicles and serviced by interior roads. The property must have a Sullivan County assigned 911 address. All internal roads shall be designed, graded, leveled and surfaced with dust-free, all-weather material to permit safe passage of vehicles at a speed of 10 mph. All roads and driveways must be maintained in full conformance with the New York State Uniform Fire Prevention and Building Code, the Town of Rockland Subdivision Regulations, and any other applicable regulations. Road layout shall minimize stream crossings and shall avoid traversing slopes exceeding 12%. Roads in campgrounds shall be private and constructed to the following minimum requirements:

Pedestrian safety. At the Planning Board's option and upon proper findings, a hard surface pedestrian walkway of at least four feet in width shall be provided at locations where such walkway would serve to help ensure pedestrian safety.

Lighting. Adequate downward directed lighting shall be provided for rest room or other service buildings, common areas, pedestrian walkways and other areas where the Planning Board deems necessary in the interest of safety.

Common use areas. A common use area or areas for open or enclosed recreation activities shall be set aside within the overall developed area of the camp. The size of the overall common use area shall be a minimum of 10% of the overall developed area of the camp but shall not be considered part of the developed area as set forth in Subsection B(4) of this subsection.

Recreational activities and facilities shall be in keeping with uses that are compatible in a campground setting. Examples of facilities in common use areas are ball fields, trails, picnic areas, open pavilions, and other such nonpermanent shared uses. Uses that are incompatible shall be prohibited; examples include but are not limited to racetracks, go-carts, batting cages, or similar intensified recreational uses. Nonusable space such as steep slopes, wetlands, or other constrained lands shall not be included unless they are traversed by a properly constructed trail and/or meet applicable regulations such as the floodplain regulations of the Town.

Entrances and exits with public roads.

All-terrain vehicles. ATV use shall be for emergency and facility maintenance purposes only.

Recreational vehicles. Any recreational vehicle in the campground shall be maintained in a transportable condition (i.e., highway ready) at all times and meet all requirements which may be imposed by an appropriate state agency.

Water supply. The applicant shall demonstrate to the planning board that an adequate and safe water supply will serve the campground, and such water supply system must meet the requirements of the Town, county, and state laws, as applicable. Potable drinking water supply shall be provided within 250 feet of a campsite and be operational during all periods of occupancy.

Waste/wastewater collection, treatment, and disposal. The applicant must provide certification acceptable to the Town that the waste/wastewater collection and disposal system is adequate for the proposed camp use. Any deficiencies in wastewater collection and management must be addressed immediately by the owner or designated agent. All wastewater collection and treatment systems must meet the requirements of the town, county, and state laws, as applicable.

Garbage disposal. The applicant shall demonstrate to the satisfaction of the Planning Board that the collection, management, and disposal of any garbage or other wastes generated within the camp will be properly conducted. No person shall burn trash, garbage or other like refuse on a campsite or otherwise on the campground. The accumulation of garbage, litter, or other junk materials within a campground is prohibited.

Regulatory compliance. The applicant for the campground shall obtain, or agree to obtain, as a condition of site plan review and special use approval, all regulatory approvals required by federal, state, or local agencies, including but not limited to the NYS Department of Health, the NYS Department of Environmental Conservation, the Town of Rockland Highway Department, the Sullivan County Highway Department, and the NYS Department of Transportation. The camp shall be in conformance with the requirements of the NYS Uniform Fire Prevention and Building Code. The Planning Board may not waive any requirements by other permitting agencies. If the applicant receives a waiver from a permitting agency, it must provide that waiver to the Planning Board, who shall take such waiver into consideration in their review of the proposed campground, and such waiver shall be made part of the record for the application. The Code Enforcement Officer may conduct periodic inspections to ensure applicable regulations and permit terms are being met.

Management. Every campground shall maintain with the Town the contact information for the campground manager including a phone number for contact in the event of an emergency, or otherwise, at all times. The campground manager, or their duly authorized representative, shall be available to respond to any inquiries or notifications by the Town within a period of 24 hours.

Records. The campground manager shall be responsible for maintaining accurate records concerning the occupancy of all campground owned camping units. The Code Enforcement Officer shall have the right to inspect and copy records upon 10 days written notice sent via the US Postal Service to the campground special use permit holder to determine compliance with this chapter.

Nuisances. No noxious or offensive activities or nuisances shall be permitted on a campsite or anywhere within the campground. Such nuisances shall include, but not be limited to: noise which exceeds the parameters or limitations in the Town of Rockland Code; uncontrolled fires or any burning which results in soot, cinders, smoke, noxious fumes, gases or unusual odors emanating beyond the property line of the campground; gathering of numbers of persons in excess of this section or other provision in the Town of Rockland Code. Responsibility for meeting such requirements shall extend in all circumstances to individual occupants of campsites as well as to the campground special use permit holder.

Animals. No animal shall be kept or maintained on a campsite, except for usual household pets as permitted by the campground special use permit holder. Pets shall be kept on a leash or otherwise controlled so as not to become a nuisance. Proof of a valid rabies inoculation, as appropriate, must be provided to the campground special use permit holder or campground manager before any pet is allowed onto the campground. Pet owners must properly dispose of any pet excrement.

The quantity of, location, size and arrangement of each proposed campsite within the campground.

The name and contact information of the owner of the parcel on which the campground is to be located and, if the applicant is not the owner of the parcel, the applicant shall submit with the application an owner's proxy duly executed by the property owner whose signature shall be acknowledged by a notary public.

A management plan describing how the campground will be operated.

A location map that shows all tax parcels and the location of all public and private streets and roads within 1,000 feet of the proposed campground.

The method and plan for proposed electric service and site lighting.

Locations and plans for proposed toilet/bathroom/shower facilities.

Plans for any other proposed accessory facilities, e.g., cable tv, internet, sport fields/courts, etc.

Common use area proposed locations and activities.

Accessory facilities and structures provided for use only by occupants of campsites within the campground, shall include but not be limited to:

Electric generators. Excluding times of a power outage of the electric utility provider to the parcel, the use of electric generators shall be limited to no more than five hours per day between the hours of 9:00 a.m. to 11:00 a.m. and 4:00 p.m. and 7:00 p.m.

Appurtenances. No permanent external appurtenances, such as carports, cabanas or patios, may be attached to any camping unit in a campground and the removal of wheels or placement of the camping unit on a foundation in a campground is prohibited. Stairs and landings constructed or installed to gain access to a recreational vehicle must be self-supported (i.e., not supported by the RV in any way) and meet minimum standards for safe passage.

Road access. Each campsite shall abut at least one internal roadway within the boundaries of the campground. Ingress and egress to all campsites shall be limited to an internal roadway.

Lot width. Each campsite shall be a minimum of 40 feet wide.

All tent and lean-to campsites and cabin and RV sites must be located at least 75 feet from any watercourse, wetland, or other environmentally sensitive resource. The NYS DEC's Environmental Resource Mapper (https://gisservices.dec.ny.gov/gis/erm/) can assist in identifying locations of environmental resources. Camping shall take place in designated sites only.

A campsite shall be separated from accessory facilities or a dwelling, if such shall be located on site, by a minimum distance of 50 feet.

Each campsite shall have a designated number and the number shall be posted at the edge of the interior roadway and the campsite entrance.

The minimum spacing between RV campsite pads shall be 80 feet (extremity to extremity).

A camping unit shall be placed no closer than 25 feet to the side and rear boundaries of any campsite and no closer than 20 feet to the edge of any interior campground street/road.

The special use permit issued by the Town is valid, provided the following requirements are met:

A copy of the Town of Rockland campground special use permit and the NYSDOH campground permit shall be posted in a conspicuous place on the campground.

The Code Enforcement Officer shall be allowed entry to a campground at any time for the purposes of inspection.

One recreational vehicle may be stored outside where there is an occupied single- or two-family dwelling existing on the same lot and if the recreational camping vehicle is owned by the real property owner.

Two recreational vehicles may be stored outside where there is an occupied two-family or occupied multifamily dwelling on the same lot, provided each recreational camping vehicle is owned by the owner or tenant(s) of the two- or multifamily dwelling.

There shall be no storage of RVs on vacant lots, unless the vacant lot is improved with a driveway built to specifications enabling emergency vehicular access; and includes an on-site wastewater disposal facility built to specification and approved, as applicable, by the NYS Department of Health and in accordance with the NYS Uniform Fire Prevention and Building Code.

Occupancy of the RV shall be permitted only in accordance with § 185-30.6.

No recreational vehicle shall be used for any rental purposes.

The RV shall not be parked in such a manner as to limit the sight distance of the roadway.

The RV shall not impact the safe use of an entry or exit of any building.

No RV shall be used for the purpose of housing animals, the storage of materials, as an office or ancillary business use or for any purpose other than its intended use.

Wood stoves shall not be permitted in any recreational vehicles.

Permit required. Except as permitted herein, it shall be unlawful for any person to operate a mobile food vehicle within the Town of Rockland without having obtained a permit for such purpose in accordance with the provisions of this section. A permit for the operation of a mobile food vehicle in the Town of Rockland, or changes thereto, shall be subject to the approval of, and issued by, the Town of Rockland Code Enforcement Officer or designee. Permits must be submitted to the Code Enforcement Officer or a Town employee at the Town Hall at least 72 hours in advance of the time the mobile food vendor wishes to begin operation.

Approved locations. Mobile food vehicles shall be allowed to operate at certain approved locations, provided that the mobile food vendor has a valid mobile food vending permit from the town and obtained the owner's permission to operate. Approved locations are intended to accommodate activities associated with special events and include Rotary Park and Renaissance Park (Livingston Manor); Catskills Fly Fishing Museum; Fireman's Field, Niforatos Park, and Riverside Park (Roscoe). Applications to operate a mobile food vehicle(s) at a location that is not identified as approved may be made in accordance with this section and will be considered on a case-by-case basis.

Existing food- and beverage-related business locations. One mobile food vehicle shall be allowed to operate on properties of existing food- and beverage-related businesses in the General Business and Neighborhood Business zoning districts, provided that the mobile food vendor has a valid mobile food vending permit from the town and, as applicable, has obtained the owner's permission to operate in accordance with the provisions of this section.

The mobile food vehicle at an existing food- and beverage-related business location must be located so as to not interfere with any driveway, utility box, accessibility ramp, building entrance, exit or emergency access/exit, or any other emergency facility.

In no case shall a mobile food vending permit be issued by the town for a mobile food vehicle to operate in the public right-of-way of a sidewalk, street, road, or highway, or in locations that could increase risks to the safe function of pedestrian and vehicular traffic. Approved locations may not conflict with any parking and vehicle and traffic laws, ordinances, rules and regulations of the Town of Rockland, the County of Sullivan, and the State of New York.

Private event, private residence. Residents may request that mobile food vehicles cater special events on private property at their place of residence within any zoning district. Such request for a private use mobile food vehicle permit shall be made to the Zoning Enforcement Officer for a period not exceeding three days, and not more than two events per year. In such cases, sales shall be limited to the event host for service to event attendees only (not to the general public).

To complete the permit application, the vendor must obtain and provide evidence of permission granted by the owner of the property, in written form, specifying the days, times and specific location(s) for which permission has been granted.

Mobile food vehicles may only be parked in areas indicated on the permit application submitted to the Town and approved by the Code Enforcement Officer.

Mobile food vehicles with a valid mobile food vending permit may be operated by the vendor during hours as approved by the property owner.

All signage must be permanently affixed to the mobile food vehicle except each vehicle may use one sandwich board sign; all signs must comply with the sign regulations in the town's zoning law.

All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity and shall be changed as necessary to prevent overflow or the creation of litter or debris. The mobile food vendor or their operator must remove the trash from the property or secure trash in an existing receptacle (e.g., dumpster) on the property following the close of business each day.

All mobile vendors, their employees, and patrons of the mobile food vehicle must have access to a restroom or portable toilet on-site during the hours of operation of the mobile food vehicle. Alternatively, a restroom may be provided at a nearby location in agreement with a third party. Such agreement between the mobile food vendor and the third party shall be in writing and provided as part of the application for the town permit.

Name, signature and address of each applicant and each corporate officer of the mobile food vehicle vending corporation.

A valid copy of all necessary licenses, permits or certificates required by the County of Sullivan, the State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to:

A signed statement that the vendor shall hold harmless the Town and its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.

A basic site plan drawing showing lot boundaries, streets, driveways, sidewalks, other pertinent features of the site, the proposed location of the mobile food vehicle(s), and any other information that illustrates the ability of the site to safely accommodate the mobile food vehicle and patrons. If the property is the subject of a previous site plan approval by the Planning Board, the location of the proposed mobile food vehicle shall be in conformance with said site plan to the extent the mobile food vehicle does not conflict with any feature or design element on the approved site plan or the overall safety of the site.

Insurance.

Third-party written agreement for restroom, if applicable.

Issuance of permits.

Every mobile food vehicle vending permit shall be subject to the following conditions:

All fees shall be in amounts set from time to time by the Town Board and will be made available on each year's current permit applications.

All vendors holding a permit that has been revoked shall pay a renewal fee as set by the Town Board.

The owner/operator of any mobile food vehicle permitted by the Town of Rockland shall comply with all provisions of federal, state, and local laws and regulations.

The owner/operator of any mobile food vehicle permitted by the Town of Rockland shall comply with all notices, orders, decisions and rules and regulations made by the Rockland Code Enforcement Office, the Sullivan County Sheriffs Office, the Health Department, or any other Town of Rockland department and/or agency.

All mobile food vehicles and operating sites are subject to inspection by the Code Enforcement Officer.

Any person who violates any provision of this section shall be guilty of a violation, punishable in accordance with § 185-39 of this zoning law.

Closure for operation without permit. Any mobile food vehicle operating without the required Town of Rockland permit shall be immediately closed by order of the Town of Rockland.