Town of Bethel, NY Article V Supplementary Use Regulations

§ 345-17 Amusement and recreation uses.

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.

(3) Illuminated signs and other lights shall be directed away or shielded from adjoining properties and subject to § 345-21F (lighting standards) and § 345-23 (signs).

(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.

[1] Editor's Note: See Ch. 249, Racetracks.

B. Outdoor recreation facilities.

(1) Such uses shall include golf courses, swimming pools, ice-skating rinks, tennis courts and open-air concert venues.

(2) Except as otherwise provided below, such uses shall be in accordance with Subsection A above.

(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.

(4) Illuminated signs and other lights shall be directed away or shielded from adjoining properties and subject to § 345-21F (lighting standards) and § 345-23 (signs).

(5) Shooting range applicants may be subject to the permit requirements of Chapter 220 of this Code entitled "Noise" and all other applicable provisions of this Code.

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.

(7) Public assemblies. Any performing arts center planned development receiving site plan approval under this section shall be exempt from compliance with Chapter 90 of the Code entitled "Assemblies, Mass Public."

§ 345-18 Route 17B Gateway Design Guidelines.

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.

§ 345-19 Seasonal dwelling units and businesses.

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.

§ 345-20 Home occupations and home-based businesses.

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.

(8) Signs. All signs shall be subject to the requirements of § 345-23, Signs.

(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:

(1) Site plan approval is required pursuant to § 345-31 of this chapter.

(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.

(7) Signs. All signs shall be subject to the requirements of § 345-23, Signs.

(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.

§ 345-21 General commercial and industrial standards.

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.

§ 345-22 Parking, loading, access and traffic standards.

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.

H. Access to Route 17B and Route 55.

(1) No tract shall provide direct access to Route 17B or Route 55 if adequate alternate access can be reasonably provided by way of another road.

(2) No driveway shall be permitted within 100 feet of a public highway intersection on Route 17B or Route 55.

§ 345-23 Signs.

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.

§ 345-24 Conservation subdivisions.

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.

§ 345-25 Planned unit developments.

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.

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

(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.

§ 345-26 Manufactured homes and parks.

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.

§ 345-27 Multifamily residential uses.

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.

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

(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.

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

[4] Editor's Note: Former Subsection D(12)(c), pertaining to minimum floor area, which immediately followed, was repealed 4-14-2010 by L.L. No. 2-2010.

§ 345-28 Telecommunication facilities.

[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.

(c) Maximum height.

[1] Tower: 200 feet.

[2] Equipment building: 30 feet.

(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.

§ 345-29 Forestry uses.

A. Definitions. For the purposes of this § 345-29, the following terms shall be defined as set forth below:

COMMERCIAL LOGGING

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.

FORESTRY OPERATIONS

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.

§ 345-30 Special use procedures.

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.

(9) Traffic impacts (see § 345-22H).

(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.

§ 345-31 Site plan approval.

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).

(4) The payment of all fees, including but not limited to those required by the schedule of fees adopted by resolution of the Town Board, and all filing fees, costs of publication and hearing notice fees and all payments required by § 345-60, where applicable.

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.

(2) Upon the request of the applicant, selected requirements of this § 345-31E may be waived by the Planning Board in its sole discretion.

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:

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

(b) The application fee, if any, is paid; and

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

(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.

(3) The Planning Board may waive any public hearing requirements that may be otherwise applicable to the reapproval of a site plan under this § 345-31K.

[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.

§ 345-32 Adult-oriented businesses.

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. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT MATERIALS

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.

ADULT-ORIENTED BUSINESS

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.

NUDITY

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.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered:

(a) Human genitals, pubic region;

(b) Buttock; and

(c) Female breast below a point immediately above the top of the areola; and

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast.

(2) Sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation or sodomy.

(3) Acts of human masturbation, actual or simulated.

(4) Excretory function as part of or in connection with any of the activities set forth in Subsection (1), (2) or (3) above.

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:

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

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

§ 345-33 Farm operation uses.

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.

§ 345-34 Keeping nondomesticated animals.

A. Definitions. The following definitions are applicable only to this § 345-34:

AGRICULTURAL ASSESSMENT

Any assessment granted pursuant to § 305 or § 306 of the New York State Agriculture and Markets Law.

DOMESTICATED ANIMAL

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.

NONDOMESTICATED ANIMAL

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.

§ 345-34.1 Group homes.

[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:

A. Special use procedures including, but not limited to, site plan approval are required pursuant to § 345-30 and 345-31 of this chapter.

B. Group homes shall be deemed "commercial" and thereby subject to § 345-21 of this chapter.

C. Group homes shall comply with all local, New York State and federal laws, rules and regulations.

§ 345-34.2 Rural eco-tech retreats.

[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:

A. Special use procedures including, but not limited to, site plan approval are required pursuant to §§ 345-30 and 345-31 of this chapter.

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.