A.
Racetracks[1] and stadiums.
(1)
No building or structure shall be located within 100 feet of any
property line.
(2)
Unenclosed recreational facilities shall be located not less than
150 feet from any property line, except where greater distances are
otherwise required herein, and shall be effectively screened from
adjoining dwelling uses.
(4)
No public-address system is permitted unless it conforms to the requirements of Chapter 220 of this Code entitled "Noise."
(5)
Such uses shall be in accordance with all other applicable provisions
of this Code.
B.
Outdoor recreation facilities.
(1)
Such uses shall include golf courses, swimming pools, ice-skating
rinks, tennis courts and open-air concert venues.
(3)
Private swimming pools intended for use by a single family shall,
whether permanent or portable, be regulated as follows, except that
these regulations shall not apply to portable swimming pools when
they are not more than three feet in height nor more than 15 feet
in length:
(a)
They may be erected only on the same lot as the principal structure.
(b)
They may be erected only in the rear yard of the principal structure
and shall be a distance of not less than 20 feet from a rear lot line
nor less than 10 feet from any side lot line and from any principal
structure or accessory structure attached thereto.
(c)
They shall be enclosed by a chain link, basket weave or other
protective fence at least four feet in height.
(4)
Private boathouses shall not exceed one story in height nor exceed
15% of the available lake frontage and shall not be nearer to any
side property line than is permitted in the district.
(5)
Private docks or cribs shall not extend more than 20 feet into the
lake in question, shall not be wider than 10% of the available lake
frontage and shall not be nearer to any side line than is permitted
in the district. Notwithstanding the foregoing, any seasonal dock
may be up to five feet wide and installed at the side line. A "seasonal
dock" is a temporary dock installed in the lake in question no earlier
than April 1 and removed prior to November 1 annually.
(6)
Fees. The applicant for any new or renewed site plan review shall
pay the Town a fee as set from time to time by resolution of the Town
Board.
[Added 4-12-2017 by L.L.
No. 2-2017]
C.
Campgrounds and recreational vehicle parks. Transient campgrounds and recreational vehicle parks may be approved in any zoning district pursuant to the issuance of a license by the Code Enforcement Officer in accordance with the requirements of Chapter 120 of this Code entitled "Campgrounds and Recreational Vehicles." Nontransient campgrounds and recreational vehicle parks may be approved in RD, RD-R, PA, FC and AG Districts as special uses subject to Planning Board approval, provided that they conform to the requirements of Chapter 120 of this Code entitled "Campgrounds and Recreational Vehicles."
[Amended 10-22-2014 by L.L. No. 2-2014]
D.
Shooting ranges. Such uses may be approved in RD, FC and AG districts
as special uses subject to Planning Board approval, provided that
they comply with the following:
(1)
The minimum site area shall be 25 acres. Larger areas may be required
by the Planning Board to satisfy minimum health and safety standards.
(2)
The minimum setback of a shooting range from all site property lines
shall be 200 feet.
(3)
The design of shooting ranges, including site orientation, provisions
for noise and ricochet control, backstops, etc., shall be in accordance
with standards established by the National Rifle Association or other
accredited organization.
E.
Performing arts center planned development.
(1)
Definition. A "performing arts center planned development" is a planned
facility or land development encompassing a variety of performing
arts activities, improvements and ancillary uses, including but not
limited to amphitheaters, pavilions, concert halls and other musical
and performing arts performance areas together with administrative,
food service, interpretive and learning centers and museums, lodging,
parking, residential and seating facilities together with various
other accessory uses to accommodate performing arts and related patrons.
(2)
Minimum area. The minimum areas necessary to implement a performing
arts center planned development shall not be less than 500 acres.
(3)
Approvals required. Any person desiring to construct a performing
arts center planned development shall apply for and obtain special
use permit and site plan approval from the Town Planning Board.
(4)
Review criteria and design standards. A performing arts center planned development shall be subject to the special use permit and site plan review criteria found in § 345-30 hereof and the additional review criteria and design standards set forth herein. These criteria and standards may be modified by the Planning Board, provided that such waiver or reduction is consistent with the stated intent of the zoning district, helps to achieve the objectives of the Planned Development and does not impinge upon the health, safety and welfare of adjoining properties or the Town of Bethel.
(a)
The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography, and public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. Streets shall conform to the requirements of Chapter A350 of the Code entitled "Street Specifications." A pedestrian system shall also be provided to link uses within the development site.
(b)
Building height for residential and retail uses may not exceed
two stories or 30 feet. Any structure that exceeds 30 feet in height
shall, regardless of classification, be subject to site plan review
by the Town Planning Board, which shall ensure that the building or
structure is compatible with the character of the community and its
natural surroundings and, further, that the ability to deal with firesafety
is not threatened.
(c)
The applicant shall demonstrate to the satisfaction of the Planning
Board that adequate emergency services are provided for the proposed
use. The applicant shall also demonstrate that adequate emergency
access is provided to the development site. Police, fire, ambulance
and other agencies that are required to service the proposed development
shall be provided with a copy of the site plan application for their
review and comment, and the Planning Board shall take said comments
into consideration in its deliberations.
(d)
No building, parking area or road shall be permitted within
50 feet of any property line not part of the development in order
to minimize visual and noise impacts on adjoining parcels. A combination
of fencing, natural, undisturbed areas, supplemental plantings or
landscaping shall be provided to create a transitional separation
between surrounding existing and prospective uses and the proposed
development.
(e)
The number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication Parking Generation. Parking space sizes and aisle widths shall be in accordance with § 345-22 of this chapter. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and amply landscaped pursuant to § 345-16 hereof. Truck loading facilities shall be provided as required in § 345-22 of this chapter.
(f)
All areas of the development shall be amply landscaped with a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application pursuant to § 345-16 hereof.
(g)
On-site lighting shall be designed and installed in a manner
that minimizes visual impacts to the night sky. A lighting plan depicting
the level and intensity of illumination within the site and at the
property boundary shall be submitted to the Planning Board as part
of the site plan. The level of illumination shall not exceed a minimum
average horizontal level of 0.5 footcandle at the property boundary.
Decorative lighting fixtures shall be incorporated into the overall
design of the development; cobra-head light fixtures shall be discouraged.
(h)
The applicant shall furnish a master signage plan pursuant to § 345-23 hereof illustrating the location and design of on-site signs to be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board shall be authorized to modify sign standards to accommodate this master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction and employs landscaping of such signs to enhance appearances.
(i)
All buildings within the development shall maintain a consistent
architectural theme or shall be deemed by the Planning Board as architecturally
compatible. Architectural facades and elevations of all buildings
and structures shall be provided with the site plan.
(j)
Maximum building coverage shall not exceed 25% of the overall
planned development site.
(k)
A variety of residential dwelling types are permitted, including,
but not limited to, single-family detached and attached dwellings
and multiple residences. Minimum lot area shall be calculated at one
dwelling unit per 1/2 acre if central sewer and water services are
provided or one dwelling unit per three acres if individual on-site
water or sewer systems are utilized.
(5)
Application procedures.
(a)
An application for a performing arts center planned development
shall include an overall development plan for consideration by the
Planning Board. The overall development plan may be prepared at conceptual
level but, at a minimum, must depict those uses proposed for development
or that may reasonably be anticipated for development by the applicant,
including, but not limited to, pavilions, amphitheaters, concert halls
and other musical and performing arts performance areas, together
with major administrative, food service, interpretive, lodging, parking,
residential structures and seating facilities to accommodate performing
arts patrons. The overall development plan must also depict off-site
parking areas to service the proposed uses and the means of traffic
circulation, both automotive and pedestrian, between and among the
uses. The overall development plan must also demonstrate on a conceptual
level that the development design standards listed above will be met
or the extent to which any modifications will be necessary. The plan
need not encompass all the details required for a site plan but shall
set forth in reasonable detail the anticipated locations within the
development and sizes of all major improvements anticipated such that
the Planning Board can evaluate the overall plan for environmental,
traffic and other impacts on the community with a view toward attaching
any conditions of approval which must be met at the time a detailed
site plan is submitted for approval for any section of the development.
(b)
Concurrent with its overall development plan submission, an applicant may also submit a detailed site plan application for one or more phases of its overall development. That site plan must comply with the requirements of this section and of § 345-31 of this chapter.
(c)
The applicant shall demonstrate to the satisfaction of the Planning
Board that its application for a special use permit complies with
the findings statement issued in connection with the final GEIS[2] issued for the PA Performing Arts Center Development District.
To establish that its application for a special use permit complies
with the final GEIS findings statement, the applicant may prepare
and submit with its application relevant information in any form chosen
by the applicant. Notwithstanding the foregoing, the burden to establish
that its application for a special use permit complies with the final
GEIS findings statement shall rest solely with the applicant, and
the Planning Board shall have the authority to determine whether that
burden has been met. In the event the applicant has submitted a site
plan for one or more phases of its development, the application for
a special use permit must also address that development proposal at
the appropriate level of detail.
[2]
Editor's Note: Generic environmental impact statement.
(d)
Upon completion of the review of the special use permit application,
the Planning Board shall act to approve or disapprove the issuance
of a special use permit for the performing arts planned development
and any site-specific plan phase submitted with it. The special use
permit approval shall detail the specific performance criteria that,
in addition to these regulations, will govern future site-specific
development of the overall plan.
(e)
Subsequent to special use permit approval of the overall development plan, an application may be submitted for site plan approval for any additional section(s) of the overall development plan for which it has not yet been granted site plan review approval, provided that the same is generally consistent with the overall development plan previously approved. That application shall be made in accordance with this section and § 345-31 of this chapter. If the Planning Board determines that the site plan application is consistent with both these regulations and the performance criteria established as part of the overall development plan approval (the special use permit approval), then the Planning Board shall approve the site plan without the need for further State Environmental Quality Review Act (SEQRA) review or conduct of a public hearing.
(f)
The Town Planning Board, at its discretion, may attach any reasonable
conditions on an approval as necessary to assure conformance with
the intent and objectives of these regulations.
(6)
Ownership. The land proposed for development may have one or more
owners, and every application shall require the written consent of
all individuals, firms, associations, syndicates, partnerships or
corporations with direct ownership interest in the affected land,
authorizing the applicant to act on behalf of the owner or owners
in connection with all matters pertaining to the application. In the
case of multiple ownership, a plan once approved shall be binding
on all owners, their successors and assigns.
A.
Purpose and findings. The Town of Bethel recognizes the area along
Route 17B as an important gateway through the Town, connecting Route
17 (future 1-86) with the Town of Bethel's Performing Arts District
and the Upper Delaware River scenic and recreational river corridor
west of the Town of Bethel. The Town finds development of this area
in a visually attractive manner and enhancement of traffic and pedestrian
safety in this area are important to the general welfare of the community.
Five zoning districts along Route 17B and within adjoining areas of
the Town have been created for this purpose. These include the R-17B,
G-17B, H-17B, CS and C-17B Districts. These districts allow for a
variety of uses subject to design and traffic access standards set
forth for these districts so as to ensure traffic safety for vehicles
and pedestrians and provide a visual transition between the rural
and commercial areas of Town, adjoining towns and the Performing Arts
District.
B.
Design review and design standards.
(1)
Design review. All development within the R-17B, G-17B, H-17B, CS
and C-17B Districts (hereinafter referred to as "the districts") shall
comply with the following design guidelines.
(2)
Design standards. All new nonresidential development within the aforementioned
districts shall be in accordance with the design standards set forth
below:
(a)
Building placement and site development layout shall respectfully
incorporate the site's topography, existing vegetation and other unique
features. Spatial relationship between buildings and other structures
shall be geometrically logical and/or architecturally formal (i.e.,
not haphazard or random). On a lot with multiple buildings, those
located on the interior of the site shall front towards and relate
to one another, both functionally and visually, and may be organized
around features such as courtyards, greens or quadrangles. Smaller,
individualized groupings of buildings are encouraged. Buildings shall
be sited to provide adequate and safe fire and emergency access.
(b)
New construction affecting existing buildings of historically
traditional architectural design within the community shall respect
the existing height, bulk, scale and style of the existing architecture
wherever practical. Materials used may be required to be of a similar
color, texture and style of the existing architecture, excepting that
the Town may require conversion to permanent structures in the cases
of changes or additions to seasonal use buildings.
(c)
Buildings shall relate in scale and design features to the surrounding
buildings, showing respect for existing and neighborhood architecture.
Buildings shall avoid long, monotonous uninterrupted walls or roof
planes. Building wall offsets, including projections, recesses, and
changes in floor level, shall be used in order to add architectural
interest and variety and to relieve the visual effect of a simple,
long wall. Similarly, roofline offsets shall be provided, in order
to provide architectural interest and variety to the massing of the
building and to relieve the effect of a single, long roof.
(d)
All materials, colors and architectural details used on the
exterior of the building shall be compatible with the building's style
and with each other. A building designed of an architectural style
that normally includes certain integral materials, colors and/or details
shall incorporate such into its design.
(e)
The architectural treatment of the front facade shall be continued,
in its major features, around all sides of a building. All sides of
a building shall be architecturally designed to be consistent with
regard to style, materials, colors and details. Blank walls or unscreened
service areas along side and/or rear elevations is discouraged.
(f)
All nonresidential uses shall prepare a landscaping plan consistent with the requirements of § 345-16. Existing trees with a caliper in excess of six inches shall be incorporated in the site design to the maximum extent practical, as shall be determined by the Planning Board, and none shall be removed prior to site plan review and approval. Plant suitability, maintenance and compatibility with site and construction features are critical factors which shall be considered for areas' landscaping along the building foundation; between the building and sidewalks and between the sidewalk and the roadways; within and around parking areas; and between the sidewalk and front of building.
(3)
Site access and sidewalks.
(a)
Driveway, sidewalk/walkway and curb materials shall be functional
and compatible with the style, materials, colors and details of the
surrounding buildings. The selection and use of pavement and curb
materials shall consist of a stable material. Modular masonry materials
such as brick blocks, slate and concrete pavers, or cast-in-place
materials such as exposed aggregate concrete slabs shall be used,
whenever possible, on sidewalks, pedestrian walkways and pathways.
Granite, concrete or Belgian block shall be used for curbs, except
as may be required to accommodate storm drainage measures. Asphalt
shall not be permitted for sidewalks or curbs. Transitions in paving
patterns or materials shall provide a smooth and continuous surface.
(b)
Site access is required to be located at the point closest to
the side property line to provide for a shared entrance with the adjoining
property. If an adjacent property is already developed with an existing
appropriately located access, opportunities for the shared use of
the existing access shall be exhausted prior to consideration of separate
access to the property. The Planning Board may require the establishment
of easements as appropriate.
(c)
Within the H-17B Hamlet Commercial District and the CS Community
Settlement District, sidewalks with a minimum width of five feet shall
be provided along the property's street frontages, and at least eight
feet shall be provided between the edge of the sidewalk and the back
of curb or shoulder and shall be designed in accordance with applicable
standards. These standards may be modified by the Planning Board to
accommodate existing and adjacent sidewalks.
(4)
Parking and loading.
(a)
In addition to otherwise applicable parking standards contained
herein, parking areas within the districts may be unpaved partially
or wholly except for handicap accessible parking areas and travelways,
but shall be of an appropriate material as set forth therein.
(b)
Off-street parking and loading facilities shall generally be
placed to the rear and/or on one side and with minimal parking between
the front lot line and the buildings.
(c)
At the time of change of use, or expansion, alteration or renovation
of an existing use, existing parking at the front of the property
of preexisting buildings shall require, at minimum, a ten-foot-wide
landscape buffer consisting of a hedgerow, berm or combination to
screen the parking area from the adjacent road.
(d)
Parking lot layout, landscaping, buffering and screening shall
prevent direct views of parked vehicles from streets and sidewalks,
avoid spillover light, glare, noise or exhaust fumes onto adjacent
properties, in particular adjacent to residential properties.
(e)
Parking areas shall be accessed by means of shared or common
driveways, preferably from side streets or lanes. Off-street parking
areas of less than 25 spaces shall, wherever possible, be interconnected
with parking areas on adjacent properties. Cross-access easements
for adjacent lots with interconnected parking areas shall be required.
(5)
Lighting. Adequate lighting which provides security and visual interest
shall be provided, while minimizing adverse impacts, such as overhead
skyglow and glare on adjacent properties and the public rights-of-way.
The maximum height from the ground to top of any lighting fixture
shall be 15 feet if not mounted on a building. Lighting shall be decorative
and blend with the architectural style of the development and surrounding
area. Lighting fixtures attached to the exterior of the building shall
be architecturally compatible with the styles, materials, colors and
details of the building. Any outdoor lighting fixture shall be shielded
in such a manner that:
(a)
The edge of the shield is below the light source;
(b)
Direct rays from the light source are confined to the property
boundaries, except for access areas to commercial uses where additional
lighting may be needed where such access intersects with a public
road or walkway. In no instance shall site access lighting spill into
the roadway of any public roads; and
(c)
Direct rays are prevented from escaping toward the sky. Lighting
on all externally lit signs shall be mounted above the sign and focus
on the sign from above the sign.
(6)
Signs. Signs shall be compatible with building style in terms of
location, scale, color and lettering and in proportion with the size
of the building and existing area signage. Signs shall fit within
the existing facade features, shall be confined to signable areas,
and shall not interfere with door and window openings, conceal architectural
details or obscure the composition of the facade where they are located.
Signs located along highways must be integrated into site landscaping.
New signs shall be subject to site plan review. Existing signs being
altered shall also be modified to comply. All sign standards otherwise
applicable shall also be met.
(7)
Utilities. Utilities for new projects must be installed underground
if on the same side of the road. When possible existing above-grade
utilities shall be placed underground.
(8)
Site maintenance. Sites shall be maintained in accordance with the approved plans and shall be free of litter. Landscaping shall be appropriately maintained; dead, dying or diseased landscaping shall be replaced as needed. Every land use shall include adequate provisions for waste disposal, as determined by the Planning Board based upon documentation submitted by the applicant. Enclosure of waste storage facilities, as required by Article I of Chapter 279 of the Code entitled "Trash Disposal and Dumping," shall also be required.
A.
Occupancy permits for existing units. No person shall occupy a seasonal
or seasonal/commercial dwelling on or after six months following the
effective date of this subsection unless such dwelling is registered
with the Code Enforcement Officer and a current seasonal occupancy
permit is in effect for such dwelling. It shall be the obligation
of the owner of any such seasonal or seasonal/commercial dwelling
to make prompt application to the Town Building Department for a seasonal
occupancy permit upon registration. The Code Enforcement Officer shall
issue an occupancy permit for each such seasonal or seasonal/commercial
dwelling unit, subject to passing a qualifying interior and exterior
inspection, stating that the building for which the occupancy permit
is issued shall be used only on a seasonal basis. No seasonal or seasonal/commercial
dwelling unit for which an occupancy permit has been issued shall
be used for year-round occupancy. Each permanent occupancy permit
issued under the requirements of this section shall be valid for three
years.
[Amended 4-14-2010 by L.L. No. 2-2010]
B.
Occupancy permits for conversions to year-round occupancy. The conversion
to year-round occupancy of any seasonal dwelling for which a permit
shall have been issued for seasonal occupancy shall be subject to
the following requirements:
(1)
The owner of such property shall apply to the Building Inspector
for a certificate of year-round occupancy. Such application shall
be accompanied by a floor plan of the subject dwelling as it exists
and as proposed subsequent to conversion. Such certificates shall
be issued only upon authorization by the Building Inspector.
(2)
In considering and approving such application, it shall be the primary
concern of the Building Inspector to preserve the public health, safety
and welfare. To this end, the approval of any such application shall
include appropriate conditions and safeguards in harmony with the
general purpose and intent of this chapter and particularly with regard
to the following:
(a)
Safe and adequate ingress and egress.
(b)
Minimum habitable floor area of 800 square feet.
(c)
Adequate construction to provide sufficient protection from
the elements.
(d)
Proper installation of heating, plumbing, water, sewage and
lighting facilities in accordance with appropriate codes for new construction.
(3)
Conversions of seasonal dwelling communities to other residential uses shall be governed by § 345-36E(2) hereof.
C.
Standards applicable to newly constructed seasonal dwelling units.
All seasonal dwelling units constructed after the effective date of
this chapter shall be constructed to comply with year-round occupancy
standards, and all properties connected therewith maintained, to standards
set forth in the New York State Uniform Fire Prevention and Building
Code for permanent residences. Such dwelling units shall also comply
with density and other development standards applicable to permanent
residences so as to ensure high-quality standards in the event of
transitions to permanent occupancy and to address parking, safety,
health, and related issues. Utilities shall be installed underground.
D.
Seasonally operated businesses closed during off-season periods,
if shuttered, shall be shuttered using architectural devices or features
specifically designed for this purpose and intended to blend with
the architecture of the buildings involved. Seasonally operated businesses
shall not cover windows with plywood or other such temporary measures.
Shuttering is not mandated by this section.
In determining whether a business is a home occupation or home-based business, the Planning Board shall review the performance standards of each. A proposed business that will produce pedestrian or automotive traffic or hazardous or noxious materials, including smoke, fumes, noise, dust, visual impacts and waste, beyond what is generally produced by a single-family residence shall be reviewed a home-based business, unless it can meet all of the standards of § 345-20A.
A.
Home occupations. In any legally existing dwelling unit or accessory
structure, a home occupation may be conducted, provided that it is
in compliance with the New York State Uniform Fire Prevention and
Building Code and the following Town performance standards:
(1)
Space/floor area devoted to home occupation. A home occupation shall
be conducted only within the dwelling unit or an accessory building.
It shall not occupy more than 25% of the floor area of the dwelling
unit. A home occupation within a detached accessory building on the
premises shall not occupy more than 500 square feet of floor space.
(2)
Appearance. In no way shall the appearance of the residential structure
or the premises be altered by a home occupation, nor shall the home
occupation be conducted such that the structure or premises differs
from its residential character by the use of colors, materials, premises
layout, construction or lighting.
(3)
Home occupations involving classes or instruction. If the home occupation
is the type in which classes or instruction is given, there shall
be no more than five students or pupils in the dwelling unit or on
the premises at any one time.
(4)
Number of employees. Home occupations shall not employ more than
one nonresident of the household on-premises on a regular basis.
(5)
Outdoor display and storage. There shall be no outside operations,
storage or display of products, materials, goods, supplies or equipment
associated with the home occupation.
(6)
Off-street parking. The home occupation shall require a minimum of
two off-street parking spaces, for clients or customers, in addition
to the off-street parking spaces required for the residence.
(7)
Home deliveries. Deliveries shall not exceed those normally and reasonably
occurring from a residence and shall not include more than an average
of four deliveries of products or materials per day.
(9)
Adverse impacts. A home occupation shall not be permitted to produce
any offensive noise, lighting, vibration, smoke, electrical interference,
dust, odors or heat. Any noise, vibration, electrical interference,
dust, odors or heat detectable beyond the property lines shall constitute
a violation of the terms of this provision.
B.
Home-based businesses. Home-based businesses, including businesses
that rely upon attraction of the general public (e.g., in-person retail
sales and personal service establishments) or involve the outdoor
storage of materials or equipment are permitted as special uses in
the AG and RD Districts subject to the following conditions:
(2)
In no way shall the appearance of the residential structure or the
premises be altered by a home occupation, nor shall the home occupation
be conducted such that the structure or premises differs from its
residential character by the use of colors, materials, premises layout,
construction or lighting.
(3)
Space/floor area devoted to home-based business. A home-based business
shall be conducted only within the dwelling unit or an accessory building.
It shall not occupy more than 25% of floor area of the dwelling unit,
and in no event shall the total area devoted to such use exceed 1,000
square feet. A floor plan showing the area to be devoted to the home-based
business within the principal or accessory structure shall be required.
(4)
Number of employees. Home-based businesses shall not employ more
than three nonresidents of the household on-premises on a regular
basis.
(5)
Off-street parking. The home-based businesses shall require a minimum
of two off-street parking spaces per 150 square feet devoted to this
component of land use, in addition to the off-street parking spaces
required for the residence. Off-street parking for the home-based
business shall not be permitted in the required front yard.
(6)
Deliveries. Deliveries shall not exceed those normally and reasonably
occurring from a residence and shall not include more than an average
of six deliveries of products or materials per day.
(8)
Outdoor display. No outdoor display of any items shall be permitted
unless specifically approved by the Planning Board and shown for temporary
use on the site plan. Any area to be used for such temporary outdoor
display of items shall be specifically delineated on the site plan.
(9)
Outdoor storage. Outside use, storage or placement of vehicles, items
and/or materials shall only be permitted as specifically shown on
an approved site plan as a "storage area" and as expressly permitted
by the Planning Board. Any storage area shall be laid out to avoid
or limit visibility to adjoining properties and public roadways, to
maintain a net and orderly appearance, to avoid any potential hazard
or nuisance. The Planning Board may impose specific limitations relating
to such storage areas, including but not limited to retaining vegetation,
screen plantings and/or installing opaque fencing.
(10)
Inside storage. Home-based businesses involving the use of construction
or other heavy equipment (e.g., lawn maintenance and landscaping businesses)
and similar enterprises requiring storage of materials or equipment
shall provide an inside storage area for all such materials and equipment,
which such inside storage area shall be confined to one or more buildings
not exceeding 25% of the total habitable floor area of the dwelling
involved.
(11)
Adverse impacts. A home occupation shall not be permitted to
produce any offensive noise, lighting, vibration, smoke, electrical
interference, dust, odors or heat. Any noise, vibration, electrical
interference, dust, odors or heat detectable beyond the property lines
shall constitute a violation of the terms of this provision.
Wherever a commercial or manufacturing or other nonresidential
use, with the exception of agricultural activities and home-based
businesses, is proposed as a special use, the following performance
standards shall apply and be an additional basis for review of the
special use application. The Code Enforcement Officer shall ensure
these standards are met prior to issuing a certificate of occupancy
for the use and may require the applicant(s) to provide documentation
of compliance.
A.
Where a commercial or manufacturing use is contiguous to an existing residential use in any district (including those situated on the opposite side of a highway) or any approved residential lot in an RS District, the Planning Board may require that the minimum front, side and rear yards be increased by up to 50%. The Board may also require, for purposes of separating incompatible activities or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is already wooded. See also § 345-16.
B.
All activities involving the manufacturing, production, storage,
transfer or disposal of inflammable and explosive materials shall
be provided with adequate safety devices against the hazard of fire
and explosion. Fire-fighting and fire-suppression equipment and devices
shall be provided pursuant to National Fire Protection Association
guidelines. The burning of waste materials in open fires is prohibited.
Details of the potential hazards and planned safety and accident response
actions shall be provided by the applicant, and the Planning Board
may require greater front, side and rear yards and/or fencing.
C.
No activities shall be permitted which emit dangerous radioactivity
or electrical disturbance adversely affecting the operation of any
equipment other than that of the creator of such disturbance.
D.
Any noise produced by the proposed use shall be subject to the applicable requirements of Chapter 220 of the Code entitled "Noise."
E.
No vibration shall be permitted on a regular or continuing basis
which is detectable without instruments at the property line.
F.
Lighting.
(1)
All lighting shall be designed so as to avoid unnecessary or unsafe
spillover of light and glare onto operators of motor vehicles, pedestrians
and land uses in proximity to the light source. Light sources shall
comply with the following standards:
|
Type of Light Source
|
Maximum Illumination Permitted at Property Line
(footcandles)
|
Maximum Permitted Height of Light
(feet)
| |
|---|---|---|---|
|
Globe light
|
0.20
|
15
| |
|
Greater than 90% cutoff
|
0.75
|
25
| |
|
Less than 90% cutoff
|
2.00
|
30
|
 |
(2)
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.
G.
No emission shall be permitted on a regular or continuing basis,
from any chimney or otherwise, of visible gray smoke of a shade equal
to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published
by McGraw-Hill Publishing Company, Inc., and copyright 1954.
H.
No emission of fly ash, dust, fumes, vapors, gases and other forms
of air pollution shall be permitted on a regular or continuing basis
which can cause any damage to health, to animals, vegetation, or other
forms of property, or which can cause any excessive soiling.
I.
All activities involving the possible contamination of surface water
or groundwater shall be provided with adequate safety devices to prevent
such contamination. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
J.
Whenever a vehicle and equipment sales and repair, mechanical or
body repair use is proposed as a special use, or as an expansion of
an existing nonconforming use, the following additional performance
standards shall apply:
(1)
All mechanical and body repair work, except for incidental repairs,
shall be performed within buildings.
(2)
All automobile or vehicle parts, new or used, shall be stored within
buildings.
(3)
Vehicles which are temporarily on the property waiting to be repaired
shall be stored in an area which meets the minimum yard and buffer
requirements applicable for the district and the use.
K.
Whenever a kennel use is proposed as a special use, the following
additional performance standards shall apply:
(1)
Such kennel shall be located no closer than 300 feet to any property
line.
(2)
A planted evergreen tree buffer shall be established along the rear
and side yards of the property. Evergreen trees shall be double-rowed
in an offset pattern with spacing of no more than six feet and no
less than three feet high when planted. The Planning Board may also
require a landscaping bond to ensure maintenance of such buffer.
(3)
A minimum lot area of 10 acres shall be required for any kennel operation.
No kennel operation of more than 20 dogs of four months of age shall
be established unless there shall be a minimum of one acre of lot
area per dog, larger numbers of dogs being likely to create more noise
and requiring proportionally greater lot area.
(4)
All adult dogs must have current rabies protection at all times, and the operation of the kennel shall otherwise comply with all applicable conditions of Chapter 83 of the Code entitled "Animals." A management plan shall be prepared as part of any special use application for a kennel. Such special use permit, if granted, shall be subject to review and approval by the Planning Board, with renewal on an annual basis based upon conformance with said Code and management plan. Renewal of special use permits may also be conditioned upon posting of a bond to ensure conformance if there has not been full conformance in previous years.
(5)
The site must be reviewed by the Town of Bethel's Animal Control
Officer at least once per year and a record of that review and any
others filed with the Building Department for use in evaluating conformance
for renewal purposes.
(6)
No kennel shall be operated on any property which lacks a full-time
manager or resident manager to deal with problems of noise and other
impacts on adjoining properties.
(7)
All animals shall be restrained from:
(a)
Running at large other than on premises owned or operated by
the owner;
(b)
Engaging in habitual loud howling, barking, crying or whining
or conducting itself in such a manner so as to unreasonably and habitually
disturb the comfort or repose of any person other than the owner of
such dog;
(c)
Uprooting, digging or otherwise damage any vegetables, lawns,
flowers, garden beds or other property not belonging to the owner
of such dog;
(d)
Chasing, jumping upon or at or otherwise harassing any person
in such a manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm or injury;
(e)
Habitually chasing, running alongside or barking at motor vehicles
while on a public street or highway or upon public or private property
other than the property of the owner or harborer of said dog; and
(f)
Creating a nuisance by defecating, urinating or digging on public
property or private property other than the property of said owner.
(8)
Establishment of the fact or facts that the owner of a dog has allowed
or permitted such dog to commit any of the acts prohibited above shall
be presumptive evidence against the owner or harborer of such dog
that he or she has failed to properly confine or control such dog.
(9)
The Planning Board shall be also authorized to further impose special
setbacks, buffers and other measures to limit noise, odor, water pollution
and other impacts on adjacent properties.
(10)
It shall be unlawful for any kennel to own, harbor or keep in
custody any dog that disturbs the peace by barking between the hours
of 7:00 a.m. and 9:00 p.m. for more than 1/2 hour or between 9:00
p.m. and 7:00 a.m. barking for more than five minutes. Such behavior
shall be deemed to disturb the peace and create a nuisance, which
may be remedied by imposition of the various penalties and other remedies
provided for herein, following failure to correct after written warning
from the Town.
(11)
Existing nonconforming kennels shall not be expanded unless located in an AG Agricultural District. All expansions of existing nonconforming kennels within AG Districts shall meet the requirements of this § 345-21K. Also, no existing kennel shall be expanded unless said facility is first brought into conformance with this § 345-21K.
L.
Whenever a new manufacturing use or light industrial use is proposed,
or such use is proposed as an expansion of an existing nonconforming
use, the following additional performance standards shall apply:
[Added 4-26-2012 by L.L. No. 1-2012]
(1)
All manufacturing use or light industrial use processes shall be
performed within an enclosed structure.
(2)
All storage of raw materials used in any manufacturing use or light
industrial use process and any waste generated from any manufacturing
use or light industrial use process shall be stored in an enclosed
structure or a container made from impervious materials which prevents
exposure of its contents to the ambient elements.
(a)
Upon application, the Planning Board may waive the requirement
that raw materials be stored in an enclosed structure or impervious
container if the applicant is able to show to the satisfaction of
the Planning Board that the storage of the raw materials will not
cause contamination and the storage of such raw materials in an enclosed
structure or impervious container is not practicable.
A.
Off-street parking, loading and unloading facilities shall be provided
as necessary in connection with every use. Single-family and two-family
residential uses shall be provided with two off-street parking spaces
per dwelling unit. Parking needs with respect to all other uses shall
be determined in conjunction with site plan review. The amount of
parking required shall be based on the following factors:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The likelihood that parking will be shared with adjoining facilities,
the impact of daily peak visitation or use periods on demand and the
hours of operation as compared to other neighborhood activities.
(6)
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 the Code Enforcement Officer,
as the case may be:
|
Use
|
Number of Spaces
| |
|---|---|---|
|
Home-based businesses
|
1 space per 100 square feet of floor area devoted to use
| |
|
Hotels/motels
|
1 space per rental room
| |
|
Industrial uses
|
1 space per 400 square feet of floor area
| |
|
Commercial uses
|
1 space per 250 square feet of floor area
| |
|
Places of public assembly
|
1 space per 5 seats
| |
|
Offices
|
1 space per 300 square feet of floor area
| |
|
Restaurants
|
1 space per 50 square feet of floor area
| |
|
Auto service stations
|
4 spaces plus 1 per employee
| |
|
Fraternal organization
|
1 space per 200 square feet of floor area
|
B.
Each parking space shall consist of not less than an average of 270
square feet of usable area for each motor vehicle, including interior
driveways, driveways connecting the garage, or parking space, with
a street or alley. Garages, carports, and driveways not in the public
right-of-way may be considered parking spaces. Requirements of the
Americans with Disabilities Act shall also apply.
C.
All parking areas which are designed to accommodate 12 or more vehicles
shall be landscaped using materials of sufficient growth and height
to aesthetically balance the impact of the open paved area and provide
effective stormwater control. The following minimum layout standards
shall apply:
(1)
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 2 1/2 inches caliper. The remainder of the
bed shall be surfaced with flowers, grass, groundcover, low-maintenance
shrubs and/or mulches (no crushed stone or chips).
(2)
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.
(3)
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.
(4)
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, and the Planning
Board shall encourage the same to be located on the same side of the
street.
(5)
Parking areas shall generally be located in the rear yard of any
use, with the principal building situated at or near the front lot
line. 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.
D.
Any building erected, converted or enlarged for commercial, office,
manufacturing, wholesale, institutional or similar uses shall, in
addition to the off-street parking space required above, provide adequate
off-street areas for the loading and unloading of vehicles. Public
rights-of-way shall, under no circumstance, be used for the loading
or unloading of materials. The minimum size loading space shall be
60 feet in depth and 12 feet in width, with an overhead clearance
of 14 feet.
E.
Access to and from all off-street parking, loading and vehicle service
areas along public rights-of-way shall consist of well-defined separate
or common entrances and exits and shall comply with the following
provisions:
(1)
Access drives shall not open upon any public right-of-way within
80 feet of the nearest right-of-way line of any intersecting public
street or highway or where the sight distance in either direction
would be less than 200 feet. Access drives onto state highways shall
be subject to New York Department of Transportation standards.
(2)
There shall be no more than one entrance and one exit to any business
or 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, shall be exempt from this requirement.
F.
All nonresidential parking and loading areas and parallel circulation
and service lanes shall be separated from the paving edge of a public
thoroughfare or adjoining property lines by a planting strip at least
15 feet in depth (see landscaping standards herein).
G.
Traffic impact study.
(1)
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:
|
Use
|
Number of Trips-Ends
| |
|---|---|---|
|
Residential uses
|
9.6 per dwelling unit
| |
|
Industrial uses
|
3.3 per employee
| |
|
Restaurants
|
7.9 per seat
| |
|
Fast-food restaurant
|
23.9 per seat
| |
|
Convenience market
|
605.6 per 1,000 square feet of gross floor area
| |
|
Supermarket
|
177.6 per 1,000 square feet of gross floor area
| |
|
Car wash
|
108.0 per car stall
| |
|
Offices
|
6.0 per employee
| |
|
Other commercial uses
|
50.0 per 1,000 square feet of gross floor area
| |
|
Institutional uses
|
4.0 per employee
| |
|
Other uses
|
See "Trip Generation," Institute of Transportation Engineers.
|
(2)
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 SEQRA submission.
A.
All signs shall comply with the standards provided below, and permanently
placed signs of 12 square feet or more in surface area on one side
shall require sign permits issued by the Code Enforcement Officer.
Nothing herein, however, shall prohibit the reverse side of any sign
being used for advertising purposes, and such additional surface area
shall not be counted in measuring the total sign surface area.
B.
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. Any permit issued under this § 345-23 shall be valid for one year. A permit renewal for an existing sign for which a permit has been issued shall be reissued to the sign owner upon a demonstration to the Code Enforcement Officer that there has been no material change in the sign as set forth in the original sign permit application and upon payment of the required permit fee. The permit fee shall be as set forth in the most current fee schedule of the Town, as may be amended from time to time by resolution of the Town Board.
C.
Permit applications. All freestanding signs and signs of 24 square
feet or more in total surface area on one side shall be submitted
to the Planning Board for review and approval prior to permit issuance.
D.
All applications not requiring Planning Board approval shall be acted
upon by the Code Enforcement Officer within 15 days of receipt. All
applications submitted to the Planning Board shall be acted upon within
62 days of receipt.
E.
Planning Board approval.
(1)
The Planning Board shall review sign applications relative to the
appropriateness and compatibility of their design, shape, materials,
colors, illumination, legibility, location and size. It may approve,
approve with modifications, or disapprove signs. Approval shall be
based on consistency with the design criteria listed below:
(a)
Signs should be a subordinate part of the landscape viewed from
the road;
(b)
Signs within a given area should exhibit visual continuity,
complementing each other rather than competing for attention;
(c)
Multiple signs should be combined into one to avoid clutter;
(d)
Signs should be as close to the ground as possible, and ground
signs shall ordinarily be preferred;
(e)
A sign's design should be consistent with the architectural
character of the building on which it is placed and not cover any
architectural features on the building. It should be sized and located
in proportion to the building to preserve a human perspective.
(f)
Garish colors (e.g., fluorescent lime green) and materials shall
be avoided, and vivid colors (e.g., bright red) shall not dominate
a site.
(g)
The sign should be located so as to not interfere in any way
with the clear views required for public safety by highway travelers
or pedestrians.
(h)
The sign must not be an overhead danger or obstacle to persons
below.
(i)
The size of the sign shall be the minimum which will achieve
ready visibility without becoming an unnecessary distraction from
the highway view or detriment to the highway scenery.
(j)
The sign shall not block the view of any other signs.
(k)
The sign shall be of good construction quality that is easy
to maintain in safe condition and good appearance.
(l)
Sign materials and design shall be compatible with the surrounding
natural landscape.
(m)
The sign should not substantially interfere with the views to
and from other enterprises or residences.
(n)
All freestanding signs of 24 square feet or more in surface
area on one side shall require landscaping around the base of the
sign. The size of the landscape area shall be approved as part of
the sign permit. Landscape plans shall be submitted and shall include
the size, species, location and spacing of plant materials, method
of separating the planter from the adjacent area and the irrigation
plan for maintaining the landscape materials.
(o)
No homemade freehand permanent signs shall be permitted.
(2)
The Planning Board shall be authorized to clarify and expand upon
these review criteria, provided that it shall do so in writing and
its actions are consistent with the intent of this chapter. It may
also develop design examples and other materials to visually explain
these review criteria. Where the Planning Board is not directly involved,
the Code Enforcement Officer shall apply these criteria but may consult
with the Planning Board to whatever extent he or she shall deem appropriate
under the circumstances.
F.
The following regulations shall apply to all signs:
(1)
All signs shall be immediately removed when the reasons for their
erection no longer apply.
(2)
Signs shall not be permitted on the roof or above the roofline of
the building to which they are attached.
(3)
No part of any sign shall project above the top or beyond the ends
of the wall surface upon which it is located.
(4)
Signs other than official traffic signs shall comply with side yard
setbacks as established for principal structures in the district where
the sign is located.
(5)
No sign, except a public sign, visible from a public street, shall
use the words "stop," "danger," or any other word, phrase, symbol
or character which could be interpreted by a motorist as being a public
safety warning or traffic sign.
(6)
No light shall be permitted that by reason of intensity, color, location,
movement or directions of its beam would be a distraction or would
otherwise interfere with public safety. Flashing lights shall not
be permitted in connection with any sign.
(7)
No sign shall be attached to any tree, fence, utility pole or other
object not intended for such use.
(8)
A portable sign shall be considered a freestanding sign and be subject
to all regulations pertaining to such signs. All portable signs shall
require permits, however.
(9)
No sign shall exceed in height 1/2 its distance from the highway
right-of-way, notwithstanding any other height limitation which may
also be applicable.
(10)
Vehicles parked in specific highly visible locations for extended
periods of time so as to serve in a signage capacity shall be subject
to all the requirements contained herein.
G.
Business and commercial property owners are encouraged to submit
master signage plans for their properties, which plans shall specify
the location, dimensions, type, design and number of all signs to
be erected on the property now or in the future. Such plans shall
be prepared by a landscape architect, architect or other qualified
professional and shall identify existing signs, signs proposed for
installation, anticipated future sign locations, temporary sign locations
and the design criteria which shall apply to all signs to be erected
on the property. These plans shall be adopted by the property owners,
who shall agree that all signs to be constructed by them or any of
their tenants or occupants now or in the future shall comply with
the standards therein. A master signage plan may also be submitted
for multiple properties, provided that they are contiguous.
H.
All master signage plans shall be submitted for approval to the Planning
Board, which shall, in reviewing and acting upon the plans, be guided
by the design review criteria provided above. The Board, in acting
upon a master signage pan, may waive any of the standards contained
herein relating to numbers or sizes of any signs other than pole signs
and projecting signs, provided that it is satisfied the master signage
plan will meet the review criteria and the specific purposes of this
chapter. When the Board has approved such a plan, no further permits
will be required for any sign which is in compliance with the plan.
I.
The owner, lessee or occupant of any parcel of land in the Township
may erect and maintain on such land not more than one freestanding
sign or one freestanding sign per 200 linear feet of lot frontage
up to a total of three signs, whichever shall be greater.
(1)
If such signs are pole signs or portable signs, they shall not exceed
32 square feet each in surface area or 20 feet in height and shall
be set back from the edge of the highway right-of-way line no less
than 25 feet. All pole signs shall be separated by a distance of no
less than 100 feet.
(2)
If such signs are ground signs, they shall be permitted, provided
that they do not exceed 64 square feet in surface area each or six
feet in height.
(3)
Nameplate signs shall be permitted on all lots, provided that they
do not exceed two square feet in surface area or one in number per
lot.
J.
The signs actually physically attached to the supporting wall of
a business building shall not be counted in the number of signs permitted
hereunder but shall be limited in total coverage for all signs to
a maximum of 10% of any wall surface area. The Planning Board may
grant waivers to this regulation in cases where the entire wall is
devoted to a single sign (e.g., "Mail Pouch Chewing Tobacco" type
signs) otherwise meeting the review criteria contained herein.
K.
Nothing herein contained shall prevent:
(1)
Signs bearing the words "sold" or "rented" or similar phrases, together
with the name of the person effecting sale or rental. Such signs shall
be removed within 30 days after the sale, rental or lease.
(2)
Signs advertising the sale or development of the premises upon which
they are erected, when erected in connection with the development
of the premises by a builder, contractor, developer or other person
interested in such sale or development, provided:
(a)
The size of such sign is not in excess of 32 square feet;
(b)
Not more than two signs are placed upon any property, unless
such property fronts upon more than one street, in which event two
such signs may be erected on each frontage;
(c)
Such sign is not illuminated;
(d)
Such signs are removed no more than 30 days following completion
of a sale.
L.
Signs to provide for the normal and safe flow of traffic into and
out of the place of business, such as entrance, exit and parking signs,
shall be permitted in excess of the limitations provided herein (e.g.,
"Office Entrance This Way"). Such signs shall be of a size no greater
than necessary for persons of normal vision to observe.
M.
Bus shelter signs shall be considered freestanding signs and be subject
to all regulations pertaining to such signs.
N.
Special advertising or temporary business identification signs or
banners not exceeding 64 square feet in total surface area shall be
permitted; including, but not limited to, signs announcing to the
general public any special events such as commercial sales days, cultural
or entertainment attractions, or charitable activities. These shall
be permitted for the length of the activity, but in no case exceeding
20 days after the event or 30 days prior. Yard sale signs may be permitted
on a similar basis but shall not exceed 20 square feet in size or
two in number per lot frontage. Political signs shall be removed within
seven days after the election to which they pertain. The maximum size
of any political sign shall be 32 square feet.
O.
Where permitted, signs shall be illuminated only by a steady, stationary
(excepting for indicators of time and temperature), shielded light
source directed solely at the sign, without causing glare for motorists,
pedestrians or neighboring premises. The illumination shall not make
the sign resemble traffic signals or be excessively bright.
P.
Existing nonconforming signs may be repaired or reconstructed on
the same site, but shall not be relocated or increased in size. All
nonconforming signs shall be removed within five years of the enactment
of this chapter. During the interim, any nonconforming sign connected
with a change of business, abandoned for sign purposes for more than
90 days or damaged to the extent of 50% or more of the replacement
cost value shall be immediately removed by the property owner.
Q.
No owner of any sign or lessee or owner of any land upon which the
sign is located shall permit such sign to become unsightly or in disrepair
so as to endanger the public or to become a public nuisance.
R.
In the event such a sign is not repaired or properly restored or
removed within 30 days after written notice has been given to the
owner of the sign or lessee of the land upon which the sign is located,
the governing body may institute appropriate legal action to end the
violation and abate the nuisance.
A.
Authority. Pursuant to the authority granted by § 278 of the Town Law pertaining to cluster development for the purpose of enabling and encouraging the flexibility of design and the development of land in such a manner as to promote the most appropriate use of land, and to further the goals of the Town of Bethel Comprehensive Plan, including preserving the scenic and open quality of the Town’s rural landscape and protecting historical and agricultural resources, the Planning Board is authorized, simultaneously with subdivision plat approval, to approve a conservation subdivision in the AG, FC, G-17B, RD, R-17B, and PA Zoning Districts, modifying the applicable provisions of this Chapter 345 of the Town Code, subject to the following conditions:
[Amended 2-10-2010 by L.L. No. 1-2010]
(1)
This procedure shall be followed at the request of the Planning Board
if, in the Board's judgment, its application would benefit the Town.
In addition, an applicant may request Planning Board approval for
a conservation subdivision subject to the same criteria as set forth
in this section.
(2)
A conservation subdivision shall in no case result in a permitted
number of building lots or dwelling units which exceeds the number
that could be permitted, in the Planning Board's judgment, if the
land were subdivided into lots conforming to the minimum lot size
and all other applicable requirements pertaining to the district or
districts in which the land is situated. Where the plat falls within
two or more contiguous districts where conservation subdivision is
permitted, the Planning Board may approve a conservation subdivision
representing the cumulative density as derived from aggregating all
lots allowed in such districts pursuant to all other applicable requirements,
and may authorize actual construction to take place in all or any
portion of such districts. The phase "all other applicable requirements"
means all applicable local zoning and land use laws and regulations
and all applicable county, state, and federal laws, regulations, and
requirements.
(3)
Development standards for lots in a conservation subdivision may
be reduced as follows:
(a)
The minimum lot size may be reduced to that which will accommodate a delineated area of at least 43,560 square feet, with a minimum dimension of 150 feet, where on-site water supply and sewage disposal facilities are to be provided, or 21,780 square feet, with a minimum dimension of 120 feet, where central water supply and/or sewage disposal facilities are to be provided, subject to any conditions established by the Planning Board during review in accord with § 345-24B below.
(b)
Setbacks may be reduced to thirty-foot front yards and twenty-five-foot
side and rear yards.
(4)
As a condition of plat approval, the Planning Board shall establish
conditions on the ownership, use, and maintenance of such open lands
shown on the plat as it deems necessary to assure the natural, scenic,
agricultural, open space, or other characteristics of such open lands.
(5)
In no case shall the provisions of this section be deemed to authorize
a change in the permissible use of such lands as provided in this
chapter. Only single-family detached dwelling units shall be permitted
within a conservation subdivision.
B.
Procedure for conservation subdivision.
(1)
Planning Board initiative. The Planning Board may, on its own motion,
require a subdivider to pursue a conservation subdivision in the AG,
FC, G-17B, RD, R-17B, and PA Zoning Districts subject to the criteria
in this section if, in the Planning Board’s judgment, conservation
subdivision of a requested subdivision would benefit the public interest
or protect characteristics of the subdivision site consistent with
goals and objectives of the Town of Bethel Comprehensive Plan.
[Amended 2-10-2010 by L.L. No. 1-2010]
(2)
Subdivider initiative. A subdivider may, on its own initiative, make
application to the Planning Board to approve a conservation subdivision
in the AG, FC, G-17B, RD, R-17B, and PA Zoning Districts subject to
the criteria in this section.
[Amended 2-10-2010 by L.L. No. 1-2010]
(3)
Procedure. If a conservation subdivision plan is required by the
Planning Board or proposed by the subdivider, the following procedure
shall apply:
(a)
The subdivider shall make a written submission identifying the
number of building lots proposed in the conservation plan and noting
the requested modifications to the applicable dimensional requirements
and the supporting rationale for a conservation subdivision.
(b)
The Planning Board shall conduct an initial review and discussion
with the applicant to determine whether the requested conservation
subdivision appears appropriate and desirable for the site. The Planning
Board may request other information it may need, including a proposed
conservation plan, in order to make its determination whether to approve
or disapprove a conservation subdivision plan.
(c)
If the Planning Board determines that a conservation subdivision
may be appropriate, it shall direct the subdivider to prepare a yield
plan to determine the number of residential lots that may be obtained
by subdividing the property without applying the conservation subdivision
criteria. A yield plan shall be prepared in accordance with zoning
requirements and conventional subdivision lot layouts. Each residential
lot, its building envelope, and the entire subdivision layout must
comply with all applicable laws and regulations affecting the use
of land, including Town, county, state, and federal laws and regulations,
and all applicable road requirements, including cul-de-sac length
limit. The yield plan shall comply with the requirements for a preliminary
plan submission, although the Planning Board may waive specific requirements
if it deems that such items are not necessary for consideration of
the site and for determination of allowable density thereon. The Planning
Board shall render a determination of the permissible number of lots,
in its judgment, based on an acceptable yield plan.
(d)
The Planning Board shall prepare written findings addressing
the appropriateness and desirability of the site for a conservation
subdivision, the benefits to be achieved by clustering building lots,
conditions necessary to help achieve those benefits, whether and how
the plan promotes the objectives of the Comprehensive Plan, the number
of lots that would be developed on the property, and any applicable
waivers that would be required to accomplish the conservation subdivision
plan. With a favorable recommendation, the Planning Board shall authorize
the applicant to proceed with the development of a conservation subdivision
plan and shall simultaneously grant any waivers that may be required
to accomplish the conservation subdivision plan.
(e)
If the Planning Board authorizes a conservation subdivision,
it shall set forth the maximum number of dwellings authorized and
such other conditions as it deems appropriate. Such conditions may
include, but not be limited to, limitations regarding the ownership
and/or use of the open space land resulting from the conservation
subdivision, so that the land shall not become a possible burden or
nuisance.
(f)
After the number of lots in a yield plan has been authorized, the applicant shall prepare a conservation subdivision plan in accordance with Subsection B(4) below.
(g)
Such conservation subdivision authorization by the Planning
Board shall expire and become null and void unless a conservation
subdivision plan complying with the terms and conditions of the Planning
Board's authorization is granted preliminary subdivision approval
within two years of the date of the Planning Board authorization.
However, upon request of the subdivider, the Planning Board may extend
its authorization for up to two periods of six months each at its
sole discretion.
(4)
Conservation subdivision plan. The following process shall be followed
in preparing a conservation subdivision plan once the Planning Board
has determined, from a sketch plan submission, that this is the form
of development required or authorized for the property in question.
This process shall be in addition to normally applicable subdivision
procedures.
(a)
The applicant shall submit an Existing Resources and Site Analysis
Map giving a comprehensive analysis of existing conditions on the
proposed development site. It shall include:
[1]
Topography at contour intervals of no less than five feet based
on USGS maps. At the Planning Board's discretion, slopes may be required
to be clearly indicated in five-percent average grade increments.
[2]
The location and delineation of ponds, streams, ditches, vernal
pools, drains, and natural drainage swales, as well as the one-hundred-year
floodplains and NYDEC-designated wetlands and applicable buffers.
[3]
Vegetative cover conditions on the property, including cultivated
land, meadow, hedgerow and trees with a caliper in excess of six inches.
The Planning Board may waive tree locational requirements within wetlands,
floodplains, on slopes greater than 15%, and in other areas proposed
to be conserved in their natural state.
[4]
Soil series, types and phases, as mapped by the U.S. Department
of Agriculture, Natural Resources Conservation Service.
[5]
A viewshed analysis showing the general location and direction
of views from and onto the property that should be incorporated into
the subdivision design.
[6]
Geologic formations on the proposed development parcel, including
rock outcroppings, cliffs, sinkholes, and fault lines, based on available
public source data.
[7]
All existing man-made features, including but not limited to
streets, driveways, farm roads, woods roads, trails, buildings, foundations,
stone walls, wells, drainage fields, dumps, utilities, stormwater
detention facilities and storage tanks.
[8]
Locations of all state or federally recognized historical sites
or structures.
(b)
After preparing the Existing Resources and Site Analysis Map,
applicants shall arrange for a site inspection of the property by
the Planning Board and other Town officials. Based on the map and
inspection, a four-step design process shall then be applied to determine
the layout of proposed conservation areas, house sites, streets and
lot lines, as described below:
[1]
Proposed conservation areas shall be designated using the Existing
Resources and Site Analysis Map. Primary conservation areas shall
be delineated comprising floodplains, wetlands and slopes over 20%.
Secondary conservation areas shall also be delineated and prioritized
for preservation.
[2]
Tentative house sites shall be identified. They should generally
be located away from primary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas as well as the potential positive benefits of such locations
to provide attractive views and visual settings for residences.
[3]
Upon designating the house sites, a street plan shall be designed
to provide vehicular access to each house, bearing a logical relationship
to topographic conditions. Impacts of the street plan on proposed
conservation areas shall be minimized. Street connections shall generally
be encouraged to minimize the number of new culs-de-sac and facilitate
access to and from homes in different parts of the tract.
[4]
Upon completion of the preceding three steps, lot lines shall
be drawn to delineate the boundaries of individual residential lots.
(5)
Evaluation criteria. The Planning Board shall evaluate the proposed
conservation subdivision layout according to the extent that the subdivision:
(a)
Recognizes existing scenic views and vistas and preserves the
existing visual character of the site area. This includes protecting
the visual character and appearance of the site as viewed from existing
public roads, thereby protecting the Town's open rural streetscape.
New construction shall be sited to avoid visual prominence, where
possible. Where possible, existing field hedgerows and stone walls
shall be preserved.
(b)
Preserves active farm fields and open fields wherever possible,
particularly when associated with actual or potential agricultural
use or culturally or historically significant houses and agricultural
structures such as barns. Farm fields shall be preserved for continued
use where possible and appropriate.
(c)
Provides contiguous open space and/or avoids habitat fragmentation.
Open space resulting from the subdivision shall avoid fragmenting
habitat to the greatest extent possible, in keeping with the resources
identified for protection. Open space areas in contiguous subdivisions
shall connect where possible in order to maintain wildlife habitat
and corridors. Consideration shall be given to simple methods of maintaining
land cover types where deemed beneficial by the Planning Board for
visual, aesthetic, or habitat purposes. Maintenance measures shall
be identified and implemented.
(d)
Minimizes intrusion into wetlands, floodways and floodplains,
water bodies and steep slope areas of twenty-percent slope or more.
Any intrusion to obtain roadway access to the site for building purposes
shall be the minimum necessary. Any pedestrian access that is provided
to primary and secondary conservation areas shall also be designed
to minimize impacts on these resources.
(e)
If appropriate and if desired, provides for pedestrian access
to and/or within preserved open space areas for property owners within
the subdivision. Such access, if provided, does not imply a right
of access to the general public unless explicitly so provided.
C.
Regulation of conservation subdivision.
(1)
Open space areas. A conservation subdivision shall include substantial
open space areas that are permanently protected against structural
use through a conservation easement. When approved by the Planning
Board pursuant to a conservation subdivision plan and, if applicable,
approved by all other agencies with jurisdiction, a portion of the
open space may be used for required stormwater management/erosion
control facilities, but such areas shall not count toward open space
requirements. Open space areas shall be shown and identified as primary
conservation areas and secondary conservation areas.
(a)
Conservation areas.
[1]
Primary conservation areas are areas that are prohibited by existing law or other regulation from residential or other structural development, e.g., water bodies, streams and floodways, wetlands, and areas that constitute significant barriers to development, such as, but not limited to, a slope of 20% or more. The average slope requirements of § 300-15B(7) shall not apply to conservation areas.
[2]
Secondary conservation areas are areas that are not included
as primary conservation areas but are deemed worthy of protection
by the Planning Board. Such areas may include, but are not limited
to, public views of the parcel that are part of the Town's rural streetscape,
historic and cultural resources, including locally important houses,
barns, and other structures, individual trees or stands of trees,
agricultural fields or other agricultural lands, or plant or animal
habitat areas as determined by local review or other relevant sources.
Secondary conservation areas may also include buffer areas of 100
feet separating development from water bodies, waterways, and wetlands,
unless such areas are otherwise required to be located in the primary
conservation area.
(b)
The permissible number of lots determined by the Planning Board from
the acceptable yield plan shall be designed to preserve and protect
the mapped primary conservation areas and secondary conservation areas
to the maximum extent feasible.
(c)
Open space areas shall be designed to be visually accessible and,
if appropriate, physically accessible to as many lots within the subdivision
as practicable, as well as visually accessible to the general public.
Open space areas in adjoining subdivisions shall, if possible, be
interconnected in order to maximize the integrity of the open space.
Provision of limited pedestrian access to open space areas by owners
of lots within the subdivision may be permitted unless such access
is not compatible with the open space objective(s).
(d)
Open space ownership and maintenance.
[1]
As an integral part of the conservation subdivision plan, the
ownership of any resulting open space area must be determined relative
to its intended function and the lot layout. Provisions shall be made
to ensure the proper management, maintenance, and care of the open
space area. Its relationship to the lots, its purpose and habitat,
or other function within the subdivision shall be considered in this
regard, including but not limited to periodic maintenance of septic
systems and stormwater/erosion control facilities located in an open
space areas. If the Board determines that it is visually or culturally
important for land to be preserved in field or meadow vegetation,
then some minimum level of maintenance needed to preserve the ground
cover shall be provided. The open space easement area shall be planned
with the objective of minimizing maintenance requirements using suitable
native landscape elements.
[2]
The owner(s) of the open space area(s) shall be responsible
for all expenses of maintenance and care. All lands described and
delineated for open space or other purposes of this section that are
not accepted for dedication in fee by the Town shall be owned by a
duly established homeowners' association (HOA), a trust, or other
entity authorized by the Town Board and placed under such management
as to ensure the perpetual maintenance of the open space in its generally
existing condition. Such space may be used for any open space purpose
approved by the Planning Board, including farming, active or passive
recreational use and similar activities that will effectively preserve
open spaces and the existing landscape character, prior to the sale
of any lots within the subdivision. Private deed-restricted ownership
for use for open space purposes or agriculture uses may also be approved
at the discretion of the Town Board.
[3]
If a homeowners' association is formed, membership in the HOA
to which open space is to be dedicated shall be mandatory for each
property owner within the subdivision and successive owners with voting
of one vote per lot or as otherwise provided by the New York State
Attorney General. The subdivider shall have full responsibility for
operation and management of the HOA until such time as 75% of the
lots are sold. All restrictions on the ownership, use and maintenance
of common open space shall be permanent, and the HOA shall be responsible
for liability insurance, local taxes, and maintenance of all open
space, recreational facilities and other commonly held amenities.
Each property owner must be required to pay their proportionate share
of the HOA's cost, and the HOA must be able to file liens on the lot
owner's property if levied assessments are not paid.
[4]
Adequate provision shall be made to ensure that such open space
or other areas remain dedicated to its approved use, cannot be further
subdivided, are adequately maintained and cannot be abandoned for
tax or other reasons by the owner(s). The Town Board shall review
and approve the association bylaws and/or restrictive covenants in
order to ensure that they are adequate with regard to use and maintenance
of the open space and enforcement of all such requirements and provisions.
The Town Board may also require the subdivider/owner(s) to petition
for establishment of a special improvement district to assure continued
compliance with use and maintenance requirements and provisions.
[5]
Such open space areas shall not be improved or used except as
shown on the approved subdivision plan.
[6]
The approved plan shall be filed in the Sullivan County Clerk's
office and shall contain reference to recorded declarations setting
forth all covenants and restrictions limiting the use of the property
and providing for continuing and proper maintenance of the property,
as well as any limitations or requirements imposed on the property
as conditions of authorization and approval of the conservation subdivision
plan.
A.
Purposes.
(1)
It is the purpose of this section to permit but not require, upon
receipt and approval by the Town Board of an application made by the
landowner(s), the establishment of a zoning classification entitled
"Planned Unit Development (PUD) District." Such district may be permitted
for the following purposes:
(a)
A maximum choice in the types of housing, lot sizes and community
facilities available to present and future Town residents or visitors
at all economic levels.
(b)
More usable open space and recreation areas.
(c)
More convenience in location of certain accessory commercial
and service areas.
(d)
The preservation of trees, outstanding natural topography and
geological features and the prevention of soil erosion.
(e)
A creative use of land and related physical development which
allows an orderly transition from rural to urban uses.
(f)
An efficient use of land resulting in small networks of utilities
and streets and thereby lower housing costs.
(g)
A development pattern in harmony with objectives of the Comprehensive
Plan.
(2)
Generally, a PUD District is a floating district intended to provide
landowners who wish to develop functionally integrated residential
or resort communities or complexes with the flexibility to do so,
provided that sufficient open space will be preserved and the development
is designed with safeguards to protect the public health, safety and
welfare.
B.
Procedures. The Town Board shall establish PUD Districts in the following
manner:
(1)
The owner(s) of the land in a proposed PUD District shall make application
to the Town of Bethel Town Board for the establishment of a PUD District.
The application shall be in writing and include a sketch plan.
(a)
Said sketch plan shall be drawn to scale, though it need not
be to the precision of a finished engineering drawing, and it shall
indicate the following information:
[1]
The location and types of the various uses and their areas in
acres.
[2]
Delineation of the various residential areas, indicating for
each such area its general location, acreage and composition in terms
of total number of dwelling units, approximate percentage allocation
of dwelling units by type and the calculation of the residential density
in dwelling units per gross acre of site area.
[3]
The general outlines of the interior roadway system and all
existing public and private rights-of-way and easements.
[4]
The location and area of the common open space.
[5]
The overall drainage system.
[6]
A location map showing uses and ownership of abutting lands.
[7]
Provisions of sewers, water and other required utilities.
(b)
In addition, the following documentation shall accompany the
sketch plan:
[1]
Evidence that the proposal is compatible with the goals of the
Comprehensive Plan.
[2]
How common open space is to be owned and maintained.
[3]
If the development is to be staged, a general indication of
how the staging is to proceed. The sketch plan shall show the total
project, whether or not the proposed development is to be staged.
[4]
A long form environmental assessment form or a draft environmental
impact statement.
(2)
The Town Board shall review the sketch plan and related documents
and render a response to the applicant on the completeness of the
submission and the preliminary acceptability of the proposal, along
with recommendations for changes or improvements, if any. A written
response shall be sent to the applicant within 62 days of the Town
Board's determination that the application is complete. A response
rejecting the application shall state clearly the reasons therefor
and, if appropriate, advise the applicant what revisions are necessary
to receive acceptance.
(3)
Upon receipt of a preliminary acceptance of the proposal, the applicant shall finalize its application by submitting a preliminary development plan for the project, including but not limited to all information required under Chapter 300 of the Code entitled "Subdivision of Land." No PUD District application will be approved without the preparation of an environmental impact statement. The applicant shall also submit, in the form of a letter or brief, information indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter and the following additional information:
(a)
An area map showing the property proposed for PUD and adjacent
property, if any, owned by the applicant and all other properties,
roads and easements within 500 feet of the applicant's property.
(b)
The preliminary development plan shall show the location, proposed
uses and height of all buildings; locations of all parking and truck
loading areas, with egress thereto; location and proposed development
of all open spaces; location of all existing or proposed site improvements;
description and location of water supply, sewerage system and storm
drainage system; location of all signs and designs of lighting facilities;
the extent of building area proposed for nonresidential uses, if any;
the location of existing watercourses and wetlands; and the location
of municipal and fire, light and school district boundaries.
(4)
Preliminary approval.
(a)
Within 62 days of the receipt of a completed preliminary development
plan, the Town Board shall refer the application materials to the
Planning Board for subdivision and site plan review. The Town Board
shall act as lead agency for SEQRA review purposes, unless the DEC
establishes another entity as lead agency. The Planning Board shall
concurrently approve, disapprove or approve with the modifications
the preliminary development plan, conditioning any approval on action
of the Town Board with respect to the PUD District. The Town Board
and Planning Board may conduct joint public hearings where practical.
(b)
The Planning Board shall approve the plan if it finds that:
[1]
The proposed uses will not be detrimental to present and potential
uses in the area surrounding the proposed district.
[2]
Existing and future highways are suitable and adequate to carry
anticipated traffic associated with the proposed district.
[3]
Existing and future utilities are or will be adequate for the
proposed development.
[4]
The development plan complies with the requirements of this
chapter and is consistent with the Comprehensive Plan.
(c)
Preliminary approval by the Planning Board shall be in the form
of a written statement to the applicant and may include recommendations
to be incorporated in the final site plan. If the preliminary development
plan is disapproved, the statement of the Planning Board shall contain
the reasons for disapproval. The Planning Board may recommend further
study and resubmission of a revised preliminary development plan.
(5)
When the Planning Board has approved a development plan for a proposed
district, the plans shall be filed in the office of the Town Clerk,
and the Town Board shall then proceed to consider amendment of the
law in accord with the Town Law, conducting a hearing and acting upon
the same within 90 days of the meeting at which the Planning Board's
recommendation is received. The foregoing time period may be extended
upon the mutual consent of the Town and the applicant. The Town Board
shall, where appropriate, provide for County Planning Department review
of the proposal and may attach conditions to its approval. When any
PUD District is not substantially developed in accordance with the
approved preliminary development plan for a period of three years
from the effective date of its establishment, the Town Board, by local
law, may amend the Zoning Law, so as to void the change in classification
to a PUD District.
(6)
Final approval.
(a)
After the Planning Board has approved the preliminary development plan and if the Town Board has approved the establishment of the PUD District, the applicant shall prepare a final development plan, including all information required under Chapter 300 of the Code entitled "Subdivision of Land," and submit it to the Planning Board for final approval.
(b)
Where more than 12 months have elapsed between the date of preliminary
approval and the time of submission of the final development plan,
and where the Planning Board finds that conditions affecting the plan
have changed significantly in the interim, the Planning Board may
require a resubmission of the preliminary development plan for further
review and possible revision prior to accepting the proposed final
development plan for approval by the Planning Board. The applicant(s)
may, or the Planning Board may require the applicant to, submit the
final development plan in stages.
(c)
The final development plan shall conform substantially to the preliminary development plan approved by the Planning Board and meet all requirements set forth in Chapter 300 of the Code entitled "Subdivision of Land" pertaining to final plans. It shall incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the time of preliminary review.
(d)
Within 62 days of the receipt of a completed application for
final development plan approval, the Planning Board shall review and
act on such submissions and so notify the Town Board. If no decision
is made within 62 days, the final development plan shall be considered
approved.
(e)
Upon approving an application, the Planning Board shall endorse
its approval on a copy of the final development plan and shall forward
it to the Code Enforcement Officer, who may then issue a building
permit to the applicant if the project conforms to all other applicable
requirements of the Town.
(f)
If the application is disapproved, the Planning Board shall
notify the applicant and Town Board of its decision, in writing, and
its reasons for disapproval.
(g)
Final development plan approval shall constitute final plat approval under Chapter 300 of the Code entitled "Subdivision of Land" and the provisions of § 276 of the New York State Town Law, and a copy shall be filed in the Sullivan County Clerk's office.
(h)
No building permits shall be issued for construction within a PUD District until all requirement improvements are installed or a performance bond is posted in accordance with the procedures provided by the Chapter 300 of the Code entitled "Subdivision of Land" and § 277 of the New York State Town Law.
C.
General requirements.
(1)
Location. A PUD District may be permitted only in the PA Zoning District.
(2)
Minimum site area. A PUD District should comprise at least 50 contiguous
acres of land, although lesser-sized tracts may be approved at the
discretion of the Planning Board and Town Board.
(3)
Density and open space. The density and open space standards applicable
to conservation subdivisions shall also apply to all PUD projects.
(4)
Utilities. All uses situated in a PUD District shall be served by
off-site water and sewerage systems. All water, sewer and gas lines
and all other lines providing power and communication service shall
be installed underground in the manner prescribed by the appropriate
state and local agency and/or utility company having jurisdiction.
(5)
Permitted uses. Permitted uses within a PUD District shall be defined
by the Town Board when such district is created. Uses within a residential
or commercial PUD District may include one-family detached dwellings,
two-family dwellings, multifamily dwellings, essential services, golf
courses and other outdoor recreation, parks and playgrounds, neighborhood
stores, retail and service establishments, bed-and-breakfasts, hotels
or motels and associated accessory uses.
(6)
Other zoning regulations. With the exception of lot and yard requirements
and other standards which may be waived or modified by the Planning
Board, the PUD District shall comply with all other provisions of
this chapter. Density for nonresidential uses shall be determined
on the basis of projected sewage flows, with an equivalent dwelling
unit being that amount of flow normally associated with a single-family
residential dwelling.
(7)
Ownership. The land proposed for a PUD District may be owned, leased
or controlled either by an individual, corporation or a group of individuals
or corporations. PUD District applications shall be filed by the owner
or jointly by all owners of the property included in the application.
In the case of multiple ownership, the approved plan shall be binding
on all owners.
(8)
Organization. A PUD District may be organized as a condominium, a
cooperative, a homeowners' association or held in individual ownership.
A final management plan for a homeowners' association shall be submitted,
setting forth all relevant details of its proposed operation, as determined
by the Planning Board.
Manufactured homes and manufactured home parks shall be subject to the requirements of Chapter 214 of the Code entitled "Mobile Home Parks" and the following standards and review criteria:
A.
Individual manufactured homes shall be subject to all the regulations
applicable to other single-family detached dwellings. They may be
installed in Rural Development (RD), Rural Development Residential
(RD-R), Agricultural (AG), or Agricultural Residential (AG-R) Districts,
on a single lot not in a manufactured home park, provided that they
meet the following specific standards.
B.
Standards applicable to individual manufactured homes.
(1)
General regulations.
(a)
A manufactured home may be placed in the Town only after obtaining
a building permit and shall require a certificate of occupancy before
initial occupancy.
(b)
Manufactured homes located outside of manufactured home parks
shall comply with all area and bulk requirements that apply to single-family
houses in the same zoning district.
(c)
Manufactured homes shall be connected to an adequate supply
of potable water; shall be connected to a public sewer system or septic
system constructed in accordance with all state and local regulations;
and shall be connected to all appropriate utilities such as electric
power, telephone, propane gas and fuel oil. All of the foregoing connections
or services shall be provided to the manufactured home within 60 days
of issuance of the permit for placement of the manufactured home.
(2)
Manufactured home standards. All manufactured homes installed in
the Town of Bethel shall meet the following minimum requirements:
(a)
All manufactured homes hereafter erected in the Town shall have
been manufactured in 1978 or thereafter; be Underwriters Laboratories
certified; and bear the seal of the United States Department of Housing
and Urban Development.
(b)
All manufactured homes shall have roofs, with a minimum pitch
of three vertical to 12 horizontal.
(c)
All manufactured homes shall have not fewer than two means of
ingress/egress.
(d)
All bottled gas units of 300 pounds or greater capacity shall
be chained to a concrete slab if located in a flood hazard area or
directly adjacent to any stream.
(3)
Permanent placement of manufactured homes on site.
(a)
Manufactured homes shall be installed on a load-bearing foundation,
such as a crawl space or full basement, or placed on a concrete slab
with skirting. Skirting shall be made of a fire-retardant material
specifically designed for the application to manufactured homes as
skirting or consist of a permanently installed masonry wall. Such
skirting shall close off the area between the manufactured home body
and the slab.
(b)
The skirting shall be capable of removal to provide access to
the closed off area or, in the case of masonry walls, contain two
doors or openings on opposite sides of the structure to allow access
to the closed off area for maintenance and emergency access.
(c)
The structure frame of the manufactured home must be securely
attached to the foundation or concrete slab in four or more locations
to ensure stability of the manufactured homes.
(d)
Permanent steps and handrails shall be constructed at all access
points of the manufactured home to ensure a safe means of ingress/egress
into the dwelling unit.
(4)
Exceptions to permanent placement requirements.
(a)
Construction field office. A single mobile home or manufactured
unit may be temporarily located in any zoning district for use as
a construction field office. A construction field office may not be
installed prior to 30 days before the commencement of the construction
project and must be removed within 30 days after the completion of
the construction project.
(b)
Temporary placement of mobile homes or manufactured homes. It
shall be unlawful to store any mobile home or manufactured home on
any property within the Town of Bethel for a period in excess of 30
days.
(c)
Prohibited uses for mobile homes or manufactured homes. Mobiles
homes, as a legal nonconforming use, and manufactured homes shall
be used for single-family dwelling purposes only. All other uses,
including but not limited to use as a warehouse, storage shed, tool
shed, outbuilding or garage, are prohibited.
(d)
Nonconforming mobile homes. Any mobile home in existence at
the time of the adoption of this chapter which is not in full compliance
with this chapter may remain in its existing location but may not
be otherwise relocated within the Town. No mobile home previously
occupied as a dwelling may be converted to a use prohibited by this
chapter.
C.
Manufactured home park special use and site plan review criteria. The Planning Board shall, in reviewing and acting upon special use applications for manufactured home parks, apply the requirements of Chapter 214 of the Code entitled "Mobile Home Parks" and the following standards and review criteria:
(1)
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.
(2)
There shall be documentation of the availability and adequate capacity
of all utility providers to service the park. Off-site centralized
sewage treatment and water supply facilities shall be provided.
(3)
The park shall be designed to provide maximum open space consistent with the minimum mobile home lot size requirements of Chapter 214 of the Code entitled "Mobile Home Parks" 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.
(4)
Adequate provisions shall be made for outside storage space, and
these shall not in any way interfere with emergency access.
(5)
Adequate provisions shall be made to control potential nuisance situations
such as accumulation of unused materials or vehicles.
(6)
Each multifamily development shall comply with § 300-23 or shall include a recreation area that is designed, improved and maintained for the use of the residents of the development and their guests. The recreation area shall contain at least 400 square feet of lot area per dwelling unit and provide common active recreational facilities, such as swimming pools, playing courts (tennis, basketball, volleyball), playground equipment, etc. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.
(7)
All roadways shall be constructed to standards which will facilitate
dedication to the Town of Bethel.
(8)
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.
(9)
The management and operations plan for the park shall provide for
maintenance of all common facilities and ensure that 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.
(10)
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 Chapter 300 of the Code entitled "Subdivision of Land."
(11)
The manufactured home park shall not result in an overconcentration
of such uses in a particular area of the Town.
(12)
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 Bethel.
(13)
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.
(14)
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 SEQRA.
Multifamily residential dwellings are hereby permitted within the RD-R Rural Development Residential District, RS Residential Settlement District, CS Community Settlement District and C-17B Highway Commercial District in order to provide suitable opportunities within the Town for the development of housing designed to satisfy the needs of households of various income ranges and to permit a broad array of housing types, dwelling unit sizes and forms of ownership/occupancy within the Town of Bethel. Multifamily dwelling developments shall be subject to site plan approval as provided at § 345-31 and the additional standards provided within this section.
A.
Application procedure. The procedure for approval of a proposed multifamily
development in accordance with this section shall involve a two-stage
review process: approval of a preliminary development concept plan
and subsequent approval of a detailed final development site plan
by the Planning Board.
B.
Preliminary development concept plan approval by the Planning Board.
The applicant shall provide a conceptual site plan showing the proposed
layout of the multifamily residential development. The application
shall include the following information:
(1)
The names and addresses of the property owner, the applicant, if
other than the owner, and of the planner, engineer, architect, surveyor
and/or other professionals engaged to work on the project.
(2)
Where the applicant is not the owner of the property, written authorization
from the owner for the submission of the application.
(3)
A written statement, describing the nature of the proposed project,
how it is designed to serve the purposes of this chapter (including
its consistency with the Town Comprehensive Plan), an analysis of
the site's relationship to immediately adjoining properties, the availability
and adequacy of community facilities and utilities to serve it, the
safety and capacity of the street system in the area to handle the
anticipated traffic generation and such other information as may be
required by law or determined necessary by the Planning Board to properly
enable them to review and decide upon the application.
(4)
A written statement of the proposed method of ownership and maintenance
of all common utilities, facilities and open space lands within the
proposed development.
(5)
A full environmental assessment form (EAF) Part 1 pursuant to the
Part 617 of the State Environmental Quality Review Act (SEQRA).
(6)
A preliminary development concept plan for the entire proposed project,
drawn to a convenient scale, and including the following items of
information:
(a)
An accurate boundary line survey of the property prepared by
a licensed engineer or land surveyor and including the exact area
of the property in both acres and square feet.
(b)
A map of existing terrain conditions, including topography with
a vertical contour interval of no more than two feet, significant
areas with slopes of 15% or more, identification of soil types (including
wetlands), existing drainage features, major rock outcroppings, the
extent of existing wooded areas and other significant vegetation,
existing stone walls, etc.
(c)
A site location sketch indicating the location of the property
with respect to neighboring streets and properties, including the
names of all owners of property within 500 feet thereof; this should
also show the existing zoning of the property and the location of
all zoning district boundaries in the surrounding area. The location
of existing septic fields and wells on adjoining properties shall
be shown on the map.
(d)
A preliminary site development plan indicating the approximate
location, height and design of all buildings, the arrangement of parking
areas and access drives and the general nature and location of other
proposed site improvements, including recreational facilities, landscaping
and screening, the stormwater drainage system, water and sewer connections,
and/or central subsurface sewage disposal systems, etc.
(e)
A generalized time schedule for the staging and completion of
the proposed project.
(7)
Decision on preliminary development concept plan. Within 62 days
of receiving a complete application for a preliminary development
concept plan, the Planning Board shall either approve, disapprove
or recommend modifications to the concept plan.
C.
Final development site plan approval by the Planning Board. After receipt of preliminary development concept plan approval, the applicant shall submit a final development site plan in accordance with § 345-31 of this chapter and required supplementary data for the proposed multifamily development as described in § 345-27C(1) to (4) of this chapter. Approval of the final development plan shall follow the procedures outlined in § 345-31 of this chapter in addition to the following standards:
(1)
Preservation and maintenance of common areas. Permanent preservation
of such recreation areas and open space shall be legally assured,
to the satisfaction of the Planning Board, by the filing of appropriate
covenants, deed restrictions, easements or other forms of agreements
in a form approved by the Town Attorney or attorney for the Town.
It shall be the property owner's responsibility to maintain all open
space and recreation areas and such other common areas within the
owner's control, including but not limited to streets, driveways,
curbs, sidewalks, landscaping, lighting and public hallways, in a
safe, clean and orderly condition. Such maintenance shall include
removal of snow from internal streets, driveways and walks. In the
event that the maintenance, preservation and/or use of the conserved
land areas and common facilities ceases to be in compliance with any
of the requirements of this section or any other requirements specified
by the Planning Board when approving the site plan, the Town shall
be granted the right to take all necessary action to assure such compliance
and to assess against the property owner all costs incurred by the
Town for such purposes.
(2)
It is the intent of this section that the responsibilities and obligations
of the property owner that continue after any multifamily development
has been constructed will be assumed in their entirety by a property
owners' association or other legal entity organized prior to the offering
of the first unit for occupancy. Membership in the property owners'
association shall be mandatory for all property owners in the development.
Such association shall be incorporated, shall be responsible for maintenance,
liability insurance and local taxes and shall be empowered to levy
assessments against property owners to defray the cost of maintenance
and to acquire liens, where necessary, against property owners for
unpaid charges or assessments. In the event that the property owners'
association fails to perform the necessary maintenance operations,
the Town of Bethel shall be authorized to enter upon such premises
for the purpose of performing such operations and to assess the cost
of so doing against the association and/or each individual property
owner equally.
(3)
The association or manager, as the case may be, shall be responsible
for maintenance, repair and replacement of the common areas of the
development, including buildings and, if applicable, the furniture,
fixtures and equipment within the units. The project instruments shall
specify the expenses which the maintenance organization may incur
and collect from purchasers as a maintenance fee and secure maintenance
of the project as well as enforcement of applicable covenants and
restrictions in perpetuity. The Planning Board may require that a
certified public accountant review such financial data for purposes
of determining that proposed fees are, in fact, adequate to secure
maintenance on a continuing basis.
(4)
The developer shall, in filing a preliminary plat, provide a narrative
description of how responsibility for maintenance and care of the
units and common areas will be assured and a pro forma operating budget
for the maintenance organization, including a breakdown of the common
expense to be borne by the maintenance organization and a separation
of long-term maintenance costs from ongoing routine maintenance costs.
There shall also be provided a narrative description of how the developer
proposes to assure maintenance and care of the units and common facilities
during any sales program, based on which the Planning Board may require
additional temporary facilities to accommodate service demands. Copies
of all applicable instruments shall be provided, for purposes of determining
that long-term arrangements for maintenance of common facilities have,
in fact, been made by the developer and/or with the occupants.
D.
Design standards. The following design criteria shall apply to multifamily
developments:
(1)
Permitted density. Multifamily dwelling density shall be as set forth
in Schedule I[1] and shall be calculated by taking the total acreage of
the development and deducting the following acreages:
(a)
The surface area at the high-water mark of any river, stream,
lake or pond;
(b)
DEC-designated wetlands, together with a buffer of 100 feet
from the edge of such designated wetlands;
(c)
Public rights-of-way for highway purposes;
(d)
For public roads without dedicated rights-of-way, a theoretical
right-of-way 50 feet in width measured 25 feet each side of the center
line of such public road;
(e)
Utility easements, except for utility easements relating to
the provision of utility services to individual structures;
(f)
Fifty percent of any land area located within the one-hundred-year
floodplain as designated by FEMA.
[1]
Editor's Note: Schedule I, Table of Use and Bulk Requirements, is included at the end of this chapter.
(2)
Building design and placement.
(a)
Units per building. There shall be no more than 10 dwellings
in each multifamily building.
(b)
[2]Building setbacks. All building setbacks shall be in conformance
with applicable standards set forth in the Table of Use and Bulk Requirements.[3]
[2]
Editor's Note: Former Subsection D(2)(b), pertaining to building
separation, was repealed 4-14-2010 by L.L. No. 2-2010. This local
law also provided for the redesignation of former Subsection D(2)(c)
as Subsection D(2)(b).
[3]
Editor's Note: Said table is included at the end of this chapter.
(3)
Water and sewerage facilities.
(a)
Where, in the opinion of the Planning Board, connections to
existing facilities are possible and warranted, sanitary sewers and/or
water mains shall be connected to such existing facilities in the
manner prescribed by regulation of the appropriate sewer, water or
fire district or other agency having jurisdiction.
(b)
Where connection to existing off-site water or sewerage facilities
is not possible or not warranted, a central water supply and sewage
treatment system shall be designed and constructed to serve all dwelling
units in accordance with the standards and subject to the approval
of the New York State Department of Health and the New York State
Department of Environmental Conservation. At the discretion of the
Town Board, the sewage treatment system may be subject to a sewage-works
agreement between the applicant and the Town Board.
(c)
Where future service by off-site water and/or sewerage systems
is planned, all on-site facilities shall be designed and located in
such a way as to readily permit their connection and/or conversion
to the off-site systems at such time as they are constructed.
(4)
Traffic access.
[Amended 4-14-2010 by L.L. No. 2-2010]
(a)
Traffic access shall be adequate to accommodate the anticipated
traffic generation resulting from the multifamily development proposed
thereon or, if not presently adequate, that necessary improvements
can and will be made prior to project occupancy.
(b)
Access roads through the development shall comply with minor
street requirements as specified in this chapter.
(c)
No multifamily development shall be served by more than one
entrance and one exit from any public highway, unless topography or
other physical circumstances would preclude the use of a single entrance
in a safe manner.
(5)
Parking. A minimum of two off-street parking spaces shall be provided
for each multifamily dwelling unit. In addition, the following special
standards shall apply:
(a)
At least 20% of the minimum number of required parking spaces
shall be designed and reserved for the use of visitors and guests.
(b)
The Planning Board may require, if deemed appropriate, the provision
of suitably screened and located parking areas for the storage of
recreational vehicles belonging to development residents.
(c)
All maintenance vehicles or equipment shall be stored in enclosed
structures only, which structures shall conform in architectural theme
to the residential buildings of the development.
(6)
Stormwater management. No final development plan shall be reviewed
or approval granted until the Planning Board receives a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications of the New York State Stormwater Management Design
Manual and New York Standards and Specifications for Erosion and Sediment
Control. The applicant shall investigate and determine the feasibility
of constructing an on-site stormwater system of treatment and control
system or connecting to an existing off-site stormwater system. In
the event the applicant constructs an on-site stormwater system of
treatment and control system, the applicant and the Town shall enter
into a developer's agreement establishing the requirements for the
ownership and maintenance of such on-site system, which agreement
shall be approved by the Town Board and also approved by the Town
Attorney as to form and manner of execution and the Town Engineer
as to sufficiency.
(7)
Recreation area and open space.
(a)
Recreation area. Each multifamily development shall comply with § 300-23 or shall include a recreation area that is designed, improved and maintained for the use of the residents of the development and their guests. The recreation area shall contain at least 400 square feet of lot area per dwelling unit and provide common active recreational facilities, such as swimming pools, playing courts (tennis, basketball, volleyball), playground equipment, etc. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.
(b)
Open space. All portions of any multifamily development, including
required setback areas, shall be designed and maintained as permanent
open space, free of buildings and parking areas, and shall be landscaped
or preserved in a natural state in accordance with plans approved
by the Planning Board.
(8)
Screening and buffering. Where a property line is not wooded, a planting
strip of 50 feet in width shall be required to buffer adjoining property
owners and ensure privacy. Similar buffering of areas adjoining county
and state highways shall be required. A landscaping plan shall also
be prepared and submitted to the Planning Board for approval.
(9)
Refuse collection, storage and disposal. Plans for the collection,
storage and disposal of refuse within any multifamily development
shall be subject to Planning Board approval as part of its review
of detailed site development plans. The outside storage of refuse,
if permitted, shall be in rodentproof containers conveniently located
and enclosed or otherwise screened from view. Such facilities shall
comply with all setback requirements applicable to principal buildings.
(10)
Underground utilities. All utilities within any multifamily
development, including electric, telephone and cable, shall be placed
underground.
(11)
Fire protection. All site plans for multifamily development
shall provide proper access for fire-fighting equipment and personnel
and shall provide hydrants in such number and location and with such
water supply and pressure as shall be determined adequate by the Fire
District and approved by the Planning Board as part of its review
of final site development plans. Interior fire separation is required.
(12)
Other requirements.
(a)
Central antenna system. If cable television service is not available
to serve a proposed multifamily development, a central radio/television
antenna system shall be provided for each such development or for
each grouping of attached dwelling units within it. Separate exterior
antennas for individual multifamily dwelling units shall not be permitted.
[Amended 3-24-2011 by L.L. No. 1-2011]
A.
Design and location standards. The following design and location
standards shall apply to all telecommunications facilities:
(1)
An eight-foot-high security fence shall completely surround the tower
(and guy wires, if used) and equipment building.
(2)
An evergreen screen consisting of a row of evergreen trees, planted
10 feet on center maximum, shall be located around the perimeter of
the security fence, and existing vegetation (trees and shrubs) shall
be preserved to the maximum extent possible.
(3)
The tower shall be designed and constructed to all applicable standards
of the American National Standards Institute, ANSI/TIA/EIA-222-G manual,
as amended.
(4)
A soil report prepared by a professional engineer licensed in the
State of New York shall be submitted to the Planning Board to support
the design specifications of the foundation for the tower, and anchors
for the guy wires, if used.
(5)
Towers and antennas shall be designed to withstand wind gusts of
at least 100 miles per hour or in accordance with applicable standards
of the American National Standards Institute, ANSI/TIA/EIA-222-G manual,
whichever standard is more restrictive.
(6)
An antenna may not be located on a building or structure that is
listed on an historic register or within 500 feet of such a structure.
(7)
Telecommunications facilities shall be permitted as a sole use on any lot in the FC, RD, AG, PA and AD Zoning Districts. In addition, telecommunications facilities shall be permitted as a sole use on any lot in the RS Zoning District upon receipt of a telecommunications facility permit from the Town of Bethel Town Board in accordance with § 345-28D hereof. All telecommunications facilities shall be subject to special use procedures and the following:
(a)
Minimum lot size: five acres. Minimum lot size requirements may be reduced by the Planning Board pursuant to § 345-28C where an antenna is to be mounted on an existing structure and said antenna has little or no visual impact and poses no unreasonable structural health or safety risk.
(b)
Minimum yard requirements: 200 feet. Minimum yard requirements may be reduced by the Planning Board pursuant to § 345-28C where an antenna is to be mounted on an existing structure and said antenna has little or no visual impact and poses no unreasonable structural health or safety risk. Where a lot upon which a tower is to be sited is contiguous to an existing residential use or any approved residential lot, the Planning Board may require that the minimum front, side and rear yards be increased by not more than 50% of the yard requirements established in this section.
(8)
A telecommunications facility shall be permitted on real property with an existing use and located in the zoning districts as set forth in § 345-28A(7) and shall be subject to the requirements and limitations of said section and the following additional conditions:
(a)
The telecommunications facility shall be fully automated and
unattended on a daily basis and shall be visited only for periodic
maintenance.
(b)
Minimum setbacks. The minimum yard requirements set forth in § 345-28A(7) shall apply, provided the principal use on the lot shall also continue to comply with the minimum yard requirements for the district in question.
(c)
Access. The vehicular access to the equipment building shall,
whenever feasible, be provided along the circulation driveways of
the existing use.
(9)
Where an antenna for a telecommunications facility is to be attached
to an existing structure or building it shall be subject to the following
conditions:
(a)
Maximum height: 50 feet above the existing building or structure,
unless said structure is a tower, in which case the antenna shall
not cause the structure to exceed the maximum allowable height of
the tower (200 feet).
(b)
If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the minimum setback requirements for the subject zoning district, an eight-foot-high security fence shall surround the building, a buffer yard or area shall be planted as required by § 345-28B(2), and vehicular access to the building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(c)
Elevations of existing and proposed structures showing width,
depth and height, use statistical data on the antenna and support
structure shall be presented.
(10)
When preparing the site plan to meet the special use requirements,
the applicant shall specify on the site plan the designated fall zone
for any tower. Notwithstanding minimum yard requirements provided
for above, any tower shall be set back from all property lines a distance
that is at least equal to the height of the tower. The tower shall
also be set back from any active recreation facilities or fields a
distance that is at least equal to the height of the tower.
B.
Special use review criteria. Telecommunications facilities shall be subject to applicable review requirements for special uses, as set forth at § 345-30 of this chapter, and the following:
(1)
The applicant shall demonstrate that the tower for the telecommunications
facility is the minimum height necessary for the service area and
that the site chosen is the one which will afford the opportunity
to construct the lowest height tower possible, taking into consideration
all lands available within a reasonable distance, including those
which may lie within adjoining municipalities.
(2)
The applicant shall present documentation that the tower is designed
in accordance with the standards of this chapter for telecommunications
facilities.
(3)
The applicant shall demonstrate that the proposed tower adequately
addresses all aspects of aviation safety in view of known local aviation
traffic as well as FAA requirements.
(4)
The need for additional buffer yard or area treatment beyond that required by § 345-28B(2) shall be evaluated. Proximity of the telecommunications facility 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.
(5)
The applicant shall provide visual depictions or studies to indicate
how the telecommunications 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. The Planning
Board may require the applicant to complete a visual assessment form.
Modifications for purposes of changing appearances to blend in with
the natural landscape may be required where necessary.
(6)
Where the telecommunications facility is located on a property with
another principal use, the applicant shall present documentation that
the owner of the property has granted an easement for the proposed
facility and that vehicular access is provided to the facility. In
all cases, a road and parking shall be constructed and maintained
to assure adequate emergency and service access.
(7)
Freestanding pole-type towers shall be given preference over towers
supported by guy wires.
(8)
All telecommunications facilities shall be lighted for safety in
a manner consistent with industry best practices, and where lighting
is to be installed, additional setbacks may be imposed by the Planning
Board to shield adjacent properties from the effects of such lighting.
(9)
All property owners and adjacent municipalities within 500 feet of
the outside perimeter of the telecommunications facility, including
guy wires, shall be notified by certified mail at least 10 days prior
to the public hearing on an application for special use approval for
such facility. This responsibility shall be the applicant's, and such
applicant shall provide proof of notification to the Planning Board.
(10)
The owner or operator of any telecommunications facility, or
owner of the land on which any telecommunications facility is located,
shall promptly remove the same within 60 days from the abandonment
of use of any such telecommunications facility. Upon expiration of
the sixty-day period set forth herein, the Town may remove the telecommunications
facility and charge back the cost of removal to the owner of the telecommunications
facility or owner of the land in question, after due notice and an
opportunity to be heard. The Town may also file a municipal lien against
the land to recover its costs of removal of any telecommunications
facility as well as any reasonable attorney's fees incurred. The terms
and conditions of this subsection shall be incorporated into every
special use permit issued under this section.
(11)
Mounting antennas on existing structures where the visual impact
is slight and the health and safety risk relating to structural integrity
is small or shared use of existing towers for telecommunications facilities
shall be preferred.
(a)
An applicant intending to use a structure or share use of an
existing tower for a telecommunications facility shall be required
to document agreement from the owner thereof to allow the proposed
use. The applicant shall pay all reasonable fees and costs of adapting
an existing tower or structure to a new shared use. Those costs include
but are not limited to structural reinforcement, preventing transmission
or receiver interference, additional site screening and other changes,
including real property acquisition or lease costs required to accommodate
shared use.
(b)
An applicant for approval of a telecommunications facility shall
include with the application evidence of written contact with tower
owners and/or all wireless service providers who supply service within
the Town for the purpose of assessing the feasibility of shared or
co-located facilities. In the case of a wireless telecommunications
facility to be placed on an existing tower, co-location may not be
required if the owner of the telecommunications facility tower provides
engineering evidence that for structural, safety and operational reasons
the tower cannot accommodate additional users. Should co-location
not be feasible, the applicant shall demonstrate that a good faith
effort has been made to mount any antenna on an existing building
or structure, including proof of contacts, building investigations
and similar evidence. Should such efforts fail to result in a suitable
site, a new tower may be permitted.
(c)
An applicant for any proposed new wireless telecommunications
facility tower over 60 feet in height shall have such tower designed
structurally, electrically, mechanically and in all respects to accommodate
both the applicant's antennas and comparable antennas for at least
two additional users. New towers must be designed to allow for future
rearrangement of antennas upon the tower and to accept antennas mounted
at varying heights.
C.
Authority of the Planning Board. The Planning Board, in its sole discretion, may, upon the request of the applicant, waive or vary any of the requirements set forth in § 345-28 where it finds that such waiver, if granted, would be consistent with the purposes of this chapter, is necessary to avoid undue hardship on the applicant and will not be detrimental to the health, safety general welfare or environment, including the visual and scenic characteristics of the area. Notwithstanding the foregoing, the Planning Board may not permit telecommunications facilities to be sited in any zoning district except those set forth in § 345-28A(7) and (8). The applicant is encouraged to seek a pre-application meeting with the Planning Board and/or its staff or consultants to discuss the details of any waiver request.
D.
Telecommunications facilities permit. An applicant seeking to site
a telecommunications facility in the RS Zoning District must first
apply for and receive a telecommunications facility permit from the
Town of Bethel Town Board before completing Planning Board review.
(1)
If a telecommunications facility permit is issued to an applicant under this section, said applicant must still meet all requirements for the issuance of a special use permit under § 345-28B.
(2)
If a telecommunications facility permit application is denied under
this section, the applicant is precluded from locating a telecommunications
facility in the RS Zoning District.
(3)
Application for permit. The application for a permit issued under
this section shall provide the following information:
(a)
The name, address and telephone number of the applicant;
(b)
The location of the proposed telecommunications facility, including
the applicable section, block and lot number and street address;
(c)
In the case of a tower, a sketch drawing showing the boundary
lines of the parcel in question, the location of the tower and the
proposed designated fall zone;
(d)
A description of the telecommunications facility, including
the reasons supporting the need for an issuance of a permit under
this section;
(e)
A description of any abatement measures to be taken with respect
to any anticipated impacts, including visual impacts;
(f)
Any other such information as reasonably requested by the Town
Board; and
(g)
Evidence that notification of the application for the permit
has been given to each property owner within 500 feet of the boundary
line of the parcel upon which the telecommunications facility is proposed
to be located, the content of such notification and the manner in
which such notification has been given. Such notice must be given
by certified mail, return receipt requested, personal service or such
other manner of service expressly authorized by the Town Board. The
notification shall state that any person objecting to the granting
of such permit may appear at the next Town Board meeting at which
the application will be addressed or, if a public hearing has been
scheduled, at the public hearing. The notification shall provide the
time and date of the applicable Town Board meeting or public hearing,
if known at the time of service.
(4)
Permit applications made pursuant to this § 345-28D shall be made to the Building Department which shall forward each application to the Town Board for review and consideration. The issuance of a permit shall be discretionary and shall be issued only where the Town Board determines that the permit application is complete, including the payment of any application fee, and such permit is reasonable and necessary and will allow an activity that is consistent with the general findings of this chapter.
(5)
For each permit application, the Town Board shall consider the proximity
of residences, the density and type of surrounding uses, traffic impacts,
visual impacts, the opportunity to locate an antenna or tower at or
on an existing telecommunications facility and any other impacts that
may reasonably affect the general health, safety and welfare of the
public. The Town Board may conduct a public hearing prior to any determination
to issue or deny a permit. The Town Board may include any reasonable
conditions in the permit in order to ensure the general health, safety
and welfare of the public. If the Town Board fails to rule within
60 days of the submission of a complete application to the Building
Department, the application shall be deemed denied, unless the time
period is extended with the consent of the applicant.
(6)
A copy of any decision by the Town Board to grant or deny a telecommunications
facility permit under this section shall be provided to the Town Building
Department.
(7)
Each permit applicant shall pay a nonrefundable application fee at
the time of making the permit application in an amount established
from time to time by resolution of the Town Board.
A.
COMMERCIAL LOGGING
FORESTRY OPERATIONS
Definitions. For the purposes of this § 345-29, the following terms shall be defined as set forth below:
The harvesting of timber by or on behalf of the owner thereof
for sale to any person. Commercial logging shall not include the harvest
of timber solely for personal use by the owner thereof.
The harvesting of timber pursuant to an approved forestry
management plan prepared in accordance with Real Property Tax Law
§ 480-a.
B.
Permit required. Any person proposing to engage in commercial logging or forestry operations within the Town of Bethel shall first obtain a permit upon application to the Town Code Enforcement Officer for each project. Any permit issued under this section shall be valid for one year from the date of issuance. Any such permit may be renewed upon application and payment of the required fee. Any such permit may be amended at the request of the applicant to include additional harvesting area, provided that the applicant shall provide the information required by § 345-29C, below. The permit application shall be made on forms to be developed by the Town Code Enforcement Officer and shall be accompanied by a fee in an amount to be determined, and as adjusted from time to time, by resolution of the Town Board.
C.
Permit application. The application shall require the following information:
1) names, addresses and phone numbers for the property owner and commercial
logger; 2) the dates during which timber harvesting will take place;
3) a location map depicting where the logging will take place on the
parcel(s), the site of any landing and plans for the proposed access
to the public highway system; 4) the amount of timber to be harvested
represented as a percentage of the mature timber on any given parcel(s);
and 5) any other information deemed reasonably necessary by the Code
Enforcement Officer. The application shall be signed by the property
owner and the logger, or in lieu thereof, the logger shall provide
proof of its authorization to conduct logging activities on land upon
which it is not the owner of record. Proof of liability insurance
in the minimum amount of $500,000, which insurance covers the logging
activities in question, and which insures the Town as an additional
insured, must be submitted with the application.
D.
Planning Board review. No permit may be issued nor may timber harvesting
take place without Planning Board review and approval if the amount
of timber to be harvested shall equal or exceed 75% of the mature
timber on any given parcel one acre in size or smaller or 50% of the
mature timber on any parcel larger than one acre. The Planning Board
may require appropriate environmental controls and best management
practices, including but not limited to a stormwater pollution prevention
plan. Harvesting of timber over time, that in the aggregate exceeds
the applicable timber harvesting thresholds set forth herein, shall
be subject to the requirements of this subsection.
E.
Site plan approval. Plans for roads constructed to provide access to county, state or Town highways shall be subject to site plan review in accordance with § 345-31C(1)(f), where required.
F.
Financial security. A letter of credit, or other financial guarantee acceptable to the Town, and in an amount as determined necessary by the Code Enforcement Officer, shall be required for timber harvests of 100 acres or more on a given property or taking place during the period of March 1 to April 15 of each year. The financial guarantee required by this § 345-29F shall be subject to a security agreement in a form approved by the Town Attorney or attorney for the Town. The financial guaranty shall be used by the Town to make repairs resulting from damage to public highways caused by timber-harvesting activities and which damage is not fully repaired prior to the logger leaving the site or within 10 days following notice by the Town to make such repairs, whichever is earlier.
G.
Regulatory requirements. During timber-harvesting activities, the logger shall comply with the New York State Timber Harvesting Guidelines promulgated by the Department of Environmental Conservation, the New York Society of American Foresters and the State of New York College of Environmental Science and Forestry, and no commercial logging activities or forestry operations shall take place without a valid permit from the Town. Violators of this § 345-29 shall be subject to the enforcement provisions of § 345-58 hereof and stop-work orders issued by the Code Enforcement Officer.
H.
Agricultural use exemption. The requirements of this § 345-29 shall not be applicable to any person conducting a farm operation from clearing land for the purposes of growing agricultural products. The terms "farm operation" and "agricultural products" shall be defined as set forth at § 160-2 of this Code.
I.
Waivers. Upon petition filed by an aggrieved person, the Town Board may, in its sole discretion, grant relief from any of the provisions contained in this § 345-29 upon a showing of economic necessity, subject to whatever conditions are deemed necessary to protect the public. The burden shall be on the applicant to support his or her petition by competent financial evidence in dollars-and-cents form.
The Town of Bethel Planning Board is authorized, in accordance
with §§ 274-a and 274-b of the New York State Town
Law, to review and approve, approve with modifications or disapprove
special uses and site plans connected therewith. Site plan review
shall be required for all special use permits and such other uses
as the Town Board may from time to time designate by local law. The
following procedures shall apply:
A.
Preliminary site plan. An applicant for a special use permit may
submit a preliminary site plan for review and advice by the Planning
Board. Such a preliminary site plan should provide locations and dimensions
of the proposed use in relation to the property boundaries and adjacent
uses. It should also indicate all accesses and improvements, both
existing and proposed, and any site features which could have a bearing
on the project, including the general topography and existing ground
cover. This preliminary plan shall be used by the Planning Board as
a basis for advising the applicant regarding information it shall
require on the site plan before it conducts a public hearing or takes
any action with respect to the plan. The Planning Board shall give
no approval or disapproval regarding any preliminary site plan but
may use it to schedule a public hearing, determine if any provisions
of this article should be waived or begin its review of the application
under SEQRA.
B.
Application and site plan required. The Planning Board shall be under
no obligation to schedule a public hearing or take any action with
respect to a special use permit application until formal application
has been made on forms approved by the Board and a detailed site plan
providing the following information has been submitted:
(1)
The location of all existing watercourses, wooded areas, rights-of-way,
roads, structures or any other significant man-made or natural feature,
if such feature has an effect upon the use of said property.
(2)
The location, use and floor or ground area of each proposed building,
structure or any other land use, including sewage disposal and water
supply systems.
(3)
The location of all significant landscaping and ground cover features,
both existing and proposed, including detailed planting plans and
a visual depiction or rendering of the final appearance of the property
after all landscaping and other physical improvements are completed.
(4)
The location, dimensions and capacity of any proposed roads, off-street
parking areas or loading berths, including typical cross-sections
for all paving or regrading involved.
(5)
The location and treatment of proposed entrances and exits to public
rights-of-way, including traffic signals, channelizations, acceleration
and deceleration lanes, widenings or any other measure having an impact
on traffic safety conditions.
(6)
The location and identification of proposed open spaces, parks or
other recreation areas.
(7)
The location and design of buffer areas and screening devices to
be maintained.
(8)
The location of trails, walkways and all other areas proposed to
be devoted to pedestrian use.
(9)
The location of public and private utilities, including maintenance
facilities.
(10)
The specific locations of all signs existing and proposed, including
a visual depiction of the latter.
(11)
Preliminary architectural plans for the proposed buildings or
structures, indicating typical floor plans, elevations, height and
general design or architectural styling.
(12)
A completed SEQRA environmental assessment.
(13)
Any other information required by the Planning Board which is
reasonably necessary to ascertain compliance with the provisions of
this chapter.
C.
Hearing and decision. The Planning Board shall fix a time, within
62 days from the day an application for a special use permit or site
plan approval is made, for the hearing of any matter referred to under
this section. It shall give public notice of such hearing at least
five days prior to it in a newspaper of general circulation in the
Town and decide upon the application within 62 days after such hearing.
It shall not, however, do so before a decision has been made with
respect to environmental impacts pursuant to SEQRA. The decision of
the Planning Board shall be filed in the office of the Town Clerk
and a copy thereof mailed to the applicant within five business days
after such decision is rendered.
D.
Conditions. The Planning Board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed special use permit or site plan.
Upon approval of said permit and/or plan, any such conditions shall
be met prior to the actual issuance of permits by the Town. These
conditions may include requirements of the applicant to provide parkland
or to provide fees in lieu thereof pursuant to § 274-a,
Subdivision 6, of the New York State Town Law.
E.
Referrals. The Planning Board is authorized to refer special use permit applications and site plans to other agencies, groups or professionals employed or used by the Town for review and comment and to charge the applicant fees for any reasonable expenses connected therewith in accordance with § 345-60 herein. The Board shall, in particular, ensure that the requirements of § 239-m of the New York State General Municipal Law regarding review by the County Department of Planning are met. It shall also comply with all requirements of SEQRA.
F.
Appeals. After the conclusion of any appeals appropriately heard
by the Zoning Board of Appeals, any person aggrieved by any decision
of the Planning Board or any officer, department, board or bureau
of the Town may apply to the Supreme Court for review by a proceeding
under Article 78 of the New York State Civil Practice Law and Rules.
G.
Effect of site plan approval. The site plan as approved by the Planning
Board shall be binding upon the applicant. Any changes from the approved
plan shall require resubmission and reapproval by the Planning Board.
The site plan shall remain effective as an authorization to establish
the special use for one year from the date of approval unless the
Planning Board, upon written request of the applicant, shall have
granted an extension, or extensions, the total of which shall not
exceed one additional year. Absent such an extension(s), the special
use shall be deemed to have expired. A special use which has been
discontinued for a period of two or more years shall also be deemed
to have lapsed. No person shall proceed with any aspect of a land
use which requires site plan approval unless such approval has first
been obtained and remains valid. This shall extend to clearing, grading
and excavation in anticipation or in advance of such development.
H.
Renewal of permits. The Planning Board may require, at the time it
is initially granted, that any special use approval be renewed periodically.
Such renewal shall be granted following public notice and hearing
and may be withheld only upon a determination that the conditions
attached to any previous approval have not been met. A period of 62
days shall be granted to the applicant in such cases to make remedies
and bring the use into full compliance with the terms of the special
use approval. Should the applicant fail to make such remedies, the
special use approval shall be revoked and the use immediately discontinued.
I.
The Planning Board, in reviewing the site plan, shall consider its
conformity to the Comprehensive Plan and the various other plans,
laws and ordinances of the Town. Conservation features, aesthetics,
landscaping and impact on surrounding development as well as on the
entire Town shall be part of the Planning Board review. Traffic flow,
circulation and parking shall be reviewed to ensure the safety of
the public and of the users of the facility and to ensure that there
is no unreasonable interference with traffic on surrounding streets.
The Planning Board shall further consider the following:
(1)
Building design, lighting, location and signs insofar as suitability
for the use intended and impact on and compatibility with the natural
and man-made surroundings.
(2)
Storm drainage, flooding and erosion and sedimentation control.
(3)
Adequacy of community services and utilities, including police protection,
emergency services and the educational system.
(4)
Environmental impacts in any form.
(5)
Impacts on housing availability.
(6)
The potential for nuisance impacts such as noise, odors, vibrations
or glare.
(7)
The adequacy of the trees, shrubs and other landscaping to buffer
or soften a use in terms of visual or other impacts on adjoining property
owners, Town residents and those visitors on whom the local economy
often depends.
(8)
Impacts on nearby property values.
(10)
Any other factors which reasonably relate to the health, safety
and general welfare of present or future residents of the Town of
Bethel.
J.
The Planning Board, in acting upon the site plan, shall also be approving,
approving with modifications or disapproving the special use permit
application connected therewith taking into consideration not only
the criteria contained above but also the following:
(1)
Whether the proposed use will result in an overconcentration of such
uses in a particular area of the Town or is needed to address a deficiency
of such uses. The Board shall, in this regard, consider the suitability
of the site proposed for a particular use as compared to the suitability
of other sites in the immediate area.
(2)
Whether the proposed use will have a detrimental or positive impact
on adjacent properties or the health, safety and welfare of the residents
of the Town of Bethel.
(3)
If the proposed use is one judged to present detrimental impacts,
whether an approval could be conditioned in such a manner as to eliminate
or substantially reduce those impacts.
(4)
Whether the use will have a positive or negative effect on the environment,
job creation, the economy, housing availability or open space preservation.
(5)
Whether the granting of an approval will cause an economic burden
on community facilities or services, including but not limited to
highways, sewage treatment facilities, water supplies and fire-fighting
capabilities. The applicant shall be responsible for providing such
improvements or additional services as may be required to adequately
serve the proposed use, and any approval shall be so conditioned.
The Town shall be authorized to demand fees in support of such services
where they cannot be directly provided by the applicant. This shall
specifically apply, but not be limited to, additional fees to support
fire district expenses.
(6)
Whether the site plan indicates the property will be developed and
improved in a way which is consistent with that character which this
chapter and the Comprehensive Plan are intended to produce or protect,
including appropriate landscaping and attention to aesthetics and
natural feature preservation.
A.
Site plan. As used in this chapter, the term "site plan" shall mean
a rendering, drawing, or sketch prepared to specifications and containing
necessary elements, as set forth herein, which shows the arrangement,
layout and design of the proposed use of a single parcel of land as
shown on said plan.
B.
Purpose. Site plan approval is intended to secure compliance with
the purposes and provisions of this chapter and with accepted professional
design practice for site improvements such as drainage, sidewalks,
curbs, parking, landscaping, fences, driveways and grading. Site plan
approval is also intended to address operational, materials storage
and site use and management practices for the protection of groundwater
quality and the prevention of both surface water and groundwater pollution
via stormwater runoff or by other routes, including but not limited
to fuel storage, storage and handling of materials on site with particular
attention to potential water pollutants, and site operations, including
waste handling and collection on site. Stormwater management systems
shall be designed and maintained in accordance with all currently
applicable requirements.
C.
Approval required.
(1)
Except for the construction of one single-family or two-family residence
per parcel, agricultural operations, and accessory uses appurtenant
to the foregoing, approval of a site plan by the Planning Board is
required for:
[Amended 10-22-2014 by L.L. No. 2-2014]
(a)
Any use, construction, improvement, license or permit for which
a site plan is expressly required by the terms of the Town Code;
(b)
The development or redevelopment of any real property or structure
for a use or change in use that proposes a building or structure in
excess of 1,500 square feet of cumulative gross floor area or a structure
that will be used for two or more commercial uses;
(c)
The development or redevelopment of any property requiring the
issuance of a special use permit or where provided in this chapter
that a particular use is subject to site plan approval;
(d)
The expansion or relocation of any existing use resulting in
a building, structure or disturbed area in excess of 1,500 square
feet of cumulative gross floor area;
(e)
The paving of nonresidential parking areas and associated driveways
for purposes of reviewing stormwater facilities and to ensure adequate
landscaping and screening;
(f)
The grubbing, filling, grading or clearing of more than one
acre of land;
(g)
The construction of a road or accessway of more than 150 feet in length, the terminus of which is on a Town highway and for which a driveway permit is required pursuant to § 294-8 of this Code; and
(h)
The authorization for an occasional or temporary commercial
outdoor recreational facility. Notwithstanding anything herein to
the contrary:
[1]
In the event that there is a reasonable belief on the part of
the planning board that fewer than 200 patrons shall be in attendance
at any occasional or temporary commercial outdoor recreational facility
event, the site plan may be referred by the Planning Board to the
Code Enforcement officer for review and approval of the site plan
application;
[2]
Any use qualifying as an eating and drinking place may conduct
an occasional or temporary commercial outdoor recreational facility
as an accessory use without undergoing separate site plan review for
that accessory use, provided that there shall be fewer than 200 patrons
in attendance at any given time.
(2)
The creation or enlargement of a sludge lagoon, landfill, or similar
waste-holding facility related to any agricultural operation, agribusiness
or similar use shall not be exempt from these regulations and shall
require site plan approval by the Planning Board.
(3)
Accessory structures or uses which exceed the gross floor area of
the principal structure shall not be exempt from these regulations
and shall require site plan approval.
(4)
The improvement of a property with a structure or building that involves
1,500 square feet or less of gross floor area shall be reviewed by
the Building Inspector and shall meet the requirements of this chapter.
A building permit and certificate of occupancy shall be obtained for
said improvement.
(5)
No lot or parcel of land shall be used except in conformity with
an approved site plan, when required. In all cases where this chapter
requires approval of a site plan by the Planning Board, no building
permit shall be issued by the Building Inspector except upon authorization
of and in conformity with the site plan approved by the Planning Board.
In considering and acting upon site plans, the Planning Board may
prescribe appropriate conditions and safeguards in order that the
result of its action may, to the maximum extent possible, further
the expressed intent of this chapter and the accomplishment of the
following objectives in particular:
(a)
Traffic access: that all proposed traffic access and ways are
adequate but not excessive in number; adequate in width, grade, alignment
and visibility; not located too near street corners or other places
of public assembly; and other similar safety considerations.
(b)
Circulation and parking: that adequate off-street parking and
loading spaces are provided to prevent the parking in public streets
of vehicles of any persons connected with or visiting the use and
that the interior circulation system is adequate to provide safe accessibility
to all required off-street parking lots.
(c)
Landscaping and screening: that all playground, parking and
service areas are reasonably screened at all seasons of the year from
the view of adjacent residential lots and streets and that the general
landscaping of the site is in character with that generally prevailing
in the neighborhood. Existing trees with a caliper in excess of six
inches shall be retained to the maximum extent possible. Existing
trees with a caliper in excess of six inches shall be retained to
the maximum extent possible.
(d)
Stormwater management. It shall be the policy of the Town of
Bethel to ensure that any increase in the rate of stormwater runoff
is mitigated using New York State Department of Environmental Conservation
best management practices. Furthermore, it is also the policy of the
Town of Bethel to ensure that any proposed development shall not have
an adverse impact on the quality of the Town's water resources, including
its ponds, lakes, streams, wetlands, and similar features, from pesticides,
herbicides, road pollutants, and chemicals used in association with
light industrial, automotive-related or other uses. As a condition
of any site plan approval, the Planning Board may require that appropriate
water quality protection devices be incorporated into the site plan.
(e)
Stormwater pollution prevention plan. A stormwater pollution
prevention plan (SWPPP) for construction activities shall be required
for site plan approval if the applicant intends to file a notice of
intent for a stormwater general permit with the New York State Department
of Environmental Conservation (DEC). The SWPPP shall meet the performance
and design criteria and standards required by the DEC in its administration
of the SWPPP program.
(f)
Aquifer and wellhead protection. All improvements shall be constructed
in a way to minimize any impacts on drinking water supplies. The Planning
Board may impose conditions so as to protect wellhead areas and aquifers
that currently serve, or have the capacity in the future to serve,
as drinking water supplies.
D.
Application. Application for site plan approval shall be made directly
to the Secretary of the Planning Board in the form required by the
Planning Board. To be considered complete, an application must consist
of:
(1)
A completed, signed application form with any required attachments.
(2)
Ten copies of a detailed site plan meeting the requirements of § 345-31E. Applicants are encouraged to submit site plans in PDF or other digital format acceptable to the Code Enforcement Official as Clerk to the Planning Board upon making the application. If an applicant submits plans in PDF format, the applicant must still provide 10 written copies of a detailed site plan for use by the Planning Board, including use at public meetings and public hearings.
[Amended 10-22-2014 by L.L. No. 2-2014]
(3)
A short or full environmental assessment form (EAF) shall be provided
pursuant to the New York State Environmental Quality Review Act (SEQRA).
E.
Site plans.
(1)
All site plans shall be drawn to scale and show:
(a)
The lot, block and section number of the property as shown on
the most recent tax records.
(b)
The name and address of the record owner and of the developer/applicant
if different from the record owner.
(c)
An endorsement of the record owner or of the developer/applicant
if different from the record owner.
(d)
The name and address of the person, firm or organization preparing
the map, together with the license number and seal if appropriate.
(e)
The date the plan was drawn and the dates of all revisions.
(f)
The direction of north.
(g)
The scale of the plans.
(h)
A sufficient description or information to precisely define
the boundaries of the property and the dimensions and area of the
lot.
(i)
The name, location and width of all streets within 200 feet
of the lot.
(j)
The location and owner(s) of all adjoining lands as shown on
the most recent tax records.
(k)
The location and width of all easements and/or rights-of-way
on the property, together with any offers of dedication establishing
easements and the location of the easements.
(l)
A complete outline of existing deed restrictions or covenants
applying to the property.
(m)
The zoning district(s) in which the subject property is located.
(n)
A Key Map, preferably at a scale of one inch equals 2,000 feet,
showing the relationship of the site to municipalities, hamlets, highways
and streets, marshes, wetlands, rivers, lakes and other natural features.
(o)
The existing topography of the site and immediately adjacent
property as revealed by contours or key elevations, together with
any proposed regrading of the site. The Planning Board shall determine
the contour lines on a project-by-project basis.
(p)
The location of existing on-site watercourses, wetlands, steep
slopes or other environmental constraints as described herein.
(q)
The exact dimensions and location on the lot of all existing
and proposed buildings, structures and/or accessory buildings, together
with proposed elevations and floor plans.
(r)
The location and dimensions of all curb cuts, access drives,
parking areas and loading areas, together with appropriate profiles.
(s)
Locations, dimensions, grades and flow directions of existing
and proposed culverts and other stormwater drainage facilities, as
well as other underground and aboveground utilities within and adjacent
to the property.
(t)
The location, size and flow direction of all existing and proposed
sewer lines and sewage disposal systems.
(u)
The location, size and flow direction of all existing and proposed
water lines and water supply systems.
(v)
The location and dimensions of existing and proposed signs.
(w)
The location, direction, power and duration of use for all existing
and proposed outdoor lighting and public address systems.
(x)
Any contemplated public improvements on or adjoining the property.
(y)
If the site plan indicates phased development, a supplementary
plan shall indicate ultimate development and set out the phasing lines.
(z)
Any other information deemed appropriate or necessary by the
Code Enforcement Officer, Planning Board or Zoning Board of Appeals,
as the case may be.
F.
Planning Board action. The Planning Board shall not commence its review of any site plan application until such time that the application is deemed complete and meets all of the requirements of § 345-31D. The site plan review will determine that the lot size, width, depth, shape, arrangement and calculation shall be appropriate for the type of development and use contemplated and shall be such that there will be no foreseeable difficulties for reasons of topography, wetlands, flood zones or other conditions which may reduce development yield or in providing access to buildings or improvements on such lots from an approved street. The Planning Board shall also consider the following factors during its review of the site plan:
[Amended 10-22-2014 by L.L. No. 2-2014]
(1)
Adequacy and arrangement of traffic access and circulation, including
intersection design, road widths, drainage structures and traffic
controls.
(2)
Adequacy and arrangement of pedestrian access and circulation, including
separation of pedestrian from vehicular traffic.
(3)
Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(4)
Location, arrangement, size and design of buildings, lighting and
signs.
(5)
Relationship of various uses to another and their relative scale.
(6)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise-deterring buffer between adjacent
uses and adjoining lands.
(7)
Adequacy and distribution of usable open space for playgrounds and
informal recreations, when applicable.
(8)
Adequacy of stormwater, water supply and sanitary waste disposal
facilities, including impact on adjacent properties and systems.
(9)
Adequacy of structures, roadways and landscaping areas with moderate
to high susceptibility of flooding, ponding and/or erosion.
(10)
Protection of adjacent properties against glare, unsightliness
and other objectionable features.
(11)
Overall environmental impact.
(12)
Conformance with other specific recommendations of the Town's
Comprehensive Plan.
G.
Public hearing.
(1)
Upon receipt of a complete application, the Planning Board shall,
by motion duly adopted, fix a time not more than 62 days later for
a public hearing on the proposed site plan and shall provide for the
giving of notice, at least 10 days prior to the date thereof, to the
applicant and at least five days prior to the date thereof, as follows:
(a)
By publishing a notice in the official newspaper.
(b)
By posting a notice of the hearing in at least one public place.
(c)
By requiring the Secretary to the Planning Board to serve notice
of the date, time, place and substance of the hearing by certified
mail, return receipt requested, on all property owners within 500
feet of the boundary line of the property on which such site plan
is proposed to be located.
(d)
By providing such other notice as may be required by Article
12-B of the General Municipal Law, applicable regulations of the State
Environmental Quality Review Act or other applicable law. No action
shall be taken on applications referred to the County Planning Department
until the requirements of Article 12-B of the General Municipal Law
have been satisfied.
(2)
The
Planning Board may, in its sole discretion, waive the requirements
for a public hearing, except for those applications for approval set
forth at § 345-31(C)(1)(a), (b), (c), (d) and (h), subject
to § 345-31(K)(3).
[Amended 10-22-2014 by L.L. No. 2-2014]
H.
Decision.
(1)
The Planning Board shall make findings and render a decision on the
application not later than 62 days after the public hearing is closed
or, if no hearing is held, then not later than 62 days after receiving
a complete application, unless the time to render a decision is extended
by consent of the Planning Board and the applicant.
(2)
Every site plan approved by the Planning Board shall clearly set
forth the terms of any special conditions required by the Planning
Board.
(3)
Copies of the findings and decision of the Planning Board, including
any maps or other documents, shall be filed with the Town Clerk, or
the Planning Board Secretary, and the Code Enforcement Officer within
five business days after such decision is rendered, and a copy thereof
mailed to the applicant.
I.
Expiration.
(1)
All approved site plans, except preliminary site plans, shall be
valid for one year commencing on the date that the approved site plan
is signed by the Planning Board Chairman. If this one-year period
expires and no extension has been granted, and the improvements set
forth in the approved site plan are not substantially complete, the
approved site plan shall be deemed abandoned. The issuance of a building
permit during the one-year period, or any extension thereof, shall
not toll the period under which site plan improvements must be substantially
completed. No approved site plan shall be deemed abandoned if the
applicant timely petitions the Planning Board for an extension or
extensions, the total of which may not exceed one additional year.
All improvements set forth on an approved site plan must be substantially
completed no later than two years, with approved extensions, as calculated
commencing on the date that the approved site plan is signed by the
Planning Board Chairman. Any applicant needing more than two years
to substantially complete the improvements set forth on an approved
site plan due to financial hardship may apply to the Zoning Board
of Appeals for relief from this subsection. The applicant shall bear
the burden of proof regarding its financial hardship.
(2)
Where an application for site plan approval is pending before the
Planning Board for a period of 12 months or longer because the application
is incomplete, the applicant has not timely submitted material reasonably
requested by the Planning Board, or the applicant has failed to comply
with relevant requirements of this chapter, said application may be
deemed abandoned by the Planning Board.
(3)
Nothing herein shall preclude an applicant possessing an approved
site plan that has expired or an application that was deemed abandoned
from reapplying to the Planning Board.
J.
Reapplication. An applicant whose application site plan approval
has been disapproved by the Planning Board may reapply for site plan
approval for the parcel in question if the subsequent site plan application
is materially different from the site plan that was disapproved or
if a period of one year has elapsed from the date of the Planning
Board determination.
K.
Occasional or temporary commercial outdoor recreational facility/special
conditions.
[Added 10-22-2014 by L.L. No. 2-2014[1]]
(1)
Site plan approval for an occasional or temporary commercial outdoor
recreational facility shall expire at the end of the calendar year
in which it was granted. Any person to whom site plan approval has
been granted for an occasional or temporary commercial outdoor recreational
facility, may seek reapproval of that site plan in a subsequent calendar
year provided that:
(2)
Authorization of reapproval.
(a)
The entity or officer that initially approved a site plan under
this section, whether it be the Planning Board or Code Enforcement
Officer, may authorize reapproval of a site plan if, in its sole discretion,
it determines that:
[1]
The applicant conducted the occasional or temporary commercial
outdoor recreational facility in accordance with the terms of the
approved site plan and the applicable requirements of this chapter;
[2]
The approved site plan was and will continue to be satisfactory in addressing its statutory purposes as delineated at Town Code § 345-31B;
[3]
The occasional or temporary commercial outdoor recreational
facility is not a potential source of danger to the general public
health and safety; and
[4]
The application for a site plan reapproval does not contain
any substantially new elements that compel a new site plan or the
substantial amendment of the previously approved site plan.
(b)
In its sole discretion, the Planning Board may review any application
seeking a reapproval of a site plan initially approved by the Code
Enforcement Officer.
[1]
Editor's Note: This local law also provided for the redesignation
of former Subsection K as Subsection L.
L.
Appeals. After the conclusion of any appeals appropriately heard
by the Zoning Board of Appeals, any person aggrieved by any decision
of the Planning Board or any officer, department, board or bureau
of the Town may apply to the Supreme Court for review by a proceeding
under Article 78 of the New York State Civil Practice Law and Rules.
A.
Purposes. The primary purposes of this section are as follows:
(1)
To preserve the character and quality of life in the Town neighborhoods
and business areas.
(2)
To control such documented harmful and adverse secondary effects
of adult-oriented business on the surrounding areas as decrease in
property value; attraction of transience; 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 neighborhood.
(3)
To maintain property values.
(4)
To prevent crime.
(5)
To protect retail trade.
(6)
To restrict minors access to adult-oriented businesses.
(7)
To maintain the general welfare, safety and morals for the Town of
Bethel residents.
B.
ADULT MATERIALS
ADULT-ORIENTED BUSINESS
NUDITY
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Adult materials shall include but not be limited to any literature,
books, magazines, pamphlets, newspapers, papers, comic books, drawings,
articles, computer or other images, motion pictures, mechanical devices,
instruments, clothing or any other writings, materials or accessories
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" as defined herein, or an establishment
with a segment or section exclusively devoted to the sale, lease,
gift, trade, or display of such materials or of any drug paraphernalia.
Use of a building, structure or property for a business that
has adult materials in a section or segment devoted to such materials
or as a substantial or significant portion of its stock-in-trade for
the purposes of sale, lease, trade, gift or display of such adult
materials. For the purposes of this chapter, "adult-oriented business"
shall also mean and include any nightclub, bar, tavern, restaurant,
eating and drinking establishment, arcade, theater, motel, hotel,
or any other establishment that regularly features, for economic gain
or other consideration, entertainment in any form which is characterized
by nudity or the depiction or display of sexual activities.
The showing of the human male or female genitals, pubic area,
buttocks, or anus, any part of the nipple or any part of a female
breast below a point immediately above the top of the areola with
less than a fully opaque covering.
C.
Permit required. No adult-oriented business shall be commenced or
continued without a special use permit being obtained from the Town
of Bethel pursuant to this chapter.
D.
Zone in which permitted. Adult-oriented businesses shall be permitted
only in the RD Rural Development District of the Town of Bethel.
E.
Geographic limitations. No adult-oriented business shall be located
within 1,000 feet of a residence, residential facility, institution,
health facility, church, synagogue, school, public or semipublic parks
or recreational facility, any establishment which serves alcoholic
beverages or any other existing adult-oriented business.
F.
Alcoholic beverages prohibited. Sale of alcoholic beverages at an
adult-oriented business shall not be permitted unless the business
is being operated as a bona fide restaurant or eating and drinking
establishment.
G.
Signs and displays. No exterior display or interior display which
is visible from outside the business shall be made to identify or
portray the type of activity which occurs at an adult-oriented business
except for one approved ground sign not to exceed a surface area of
36 square feet for both sides combined. Such sign shall be subject
to all other limitations applicable to signs. It shall not incorporate
any obscene material but shall be otherwise unlimited as to message.
H.
Nonconforming buildings or lots. No nonconforming building or lot
shall be used for an adult-oriented business. No other existing building,
lot or use shall be added to, enlarged, expanded in size or program
or converted for purposes of conducting an adult-oriented business
unless application to do so has been made pursuant to this section
and Planning Board approval has been given.
I.
Prohibited activities. The following activities shall not be permitted
on the premises of any adult-oriented or other public place within
the Town of Bethel:
The provisions of Chapter 160 of the Code entitled "Farming" shall apply throughout the AG District and shall serve as additional review criteria with respect to all special use and site plan review applications within such district.
A.
AGRICULTURAL ASSESSMENT
DOMESTICATED ANIMAL
NONDOMESTICATED ANIMAL
Definitions. The following definitions are applicable only to this § 345-34:
Any assessment granted pursuant to § 305 or § 306
of the New York State Agriculture and Markets Law.
Any animal that has had its behavior, life cycle, or physiology
systemically altered as a result of being under human control for
many generations and is typically kept as a household pet, including
but not limited to dogs, cats, and similar pets.
Any animal that is not a domesticated animal.
B.
Any farm operation that receives, or is eligible to receive, an agricultural assessment is exempt from the requirements and standards of this § 345-34.
C.
The following minimum standard shall apply for the keeping of all
large, nondomesticated animals, including, but not limited to, deer,
dairy and beef cattle, hogs, sheep and goats, equines, ratites, llamas
or any other similarly large animal: a minimum of three acres for
the first animal, with a maximum of two animals per acre thereafter.
The keeping of large, nondomesticated animals shall be permitted only
in the FC, AG, R-17B, G-17B, PA and RD Zoning Districts.
D.
The following minimum standard shall apply for the keeping of all
small, nondomesticated animals, including, but not limited to, rabbits,
poultry or any other similarly smaller animal: the minimum residential
lot size for the zoning district in question for the first 20 animals,
with a maximum of 10 animals per acre thereafter. The keeping of small,
nondomesticated animals shall be permitted only in the FC, AG, R-17B,
G-17B, PA and RD Zoning Districts.
[Added 11-14-2018 by L.L.
No. 3-2018]
Group homes are permitted as a special use in the AD, AG, C-17B,
FC and R-17B Districts and subject to the following conditions:
[Added 1-27-2021 by L.L. No. 1-2021]
Rural eco-tech retreats are permitted as a special use in the
AG District and subject to the following conditions:
B.
Rural eco-tech retreats shall be deemed "commercial" and thereby subject to § 345-21 of this chapter.
C.
Rural eco-tech retreats shall have the following requirements:
(1)
Contiguous 125-acre minimum parcel area.
(2)
Maximum of 2% building coverage.
(3)
Maximum of 30% disturbed acreage.
(4)
Setback requirements shall be: 300-foot minimum front yard setback
for new structures from the property line, 200-foot minimum rear yard
setback for new structures from the property line, 150-foot minimum
side yard setback for new structures from the property line.
D.
Rural eco-tech retreats shall have the following design/operational
requirements:
(1)
Emergency access road to main facilities.
(2)
Single centralized guest parking area.
(3)
Two-week maximum stay of guests; in no event shall retreat units
be converted for permanent dwelling.
(4)
Maximum capacity is not to exceed 50 overnight guests.
(5)
Maximum two multi-bedroom (two to five) accommodations on site.
E.
Rural eco-tech retreats shall have the following performance standards:
(1)
Employ native vegetation plantings.
(2)
Provide a 20% minimum conservation easement.
(3)
Employ compatible land design by working with natural drainage
patterns and native vegetation and maintain/enhance soil stabilization.
(4)
Minimize the impacts on undisturbed land.
(5)
Minimize development within distance to shorelines, wetlands
and streams.
(6)
Where practical, incorporate green roofs to reduce runoff through
absorption, storage and evapotranspiration.
(7)
Where practical, utilize renewable energy systems to include:
solar, wind, thermal, hydro and/or biofuel.
(8)
Where practical, employ green stormwater infrastructure to include:
infiltration trenches, grassed swales, filter strips, bioretention
basins, stormwater wetlands, porous pavement and/or on-site storage
for use.
(9)
Where practical, employ an eco-friendly wastewater system that
has a low energy, noise and visual impact on the environment.
F.
Rural eco-tech retreats shall allow for the following accessory uses:
telecommunication facilities, utility facilities, accessory retail
services, private garages, pavilions, greenhouses, storage buildings,
parking areas.
