Town of Bethlehem, NY General Requirements and Design Standards

"Town of Bethlehem Agricultural and Farmland Protection Plan," dated September 2009.

"US 9W Corridor Transportation Planning Assessment, Advancing the Town of Bethlehem’s Comprehensive Plan and Economic Development Goals," dated December 2008.

"Town of Bethlehem Evaluation Process for New Pathway Investment Procedures / Users Guide" including the "Town of Bethlehem Bicycle and Pedestrian Priority Network," both dated October 26, 2010.

Resolution in Support of Climate Smart Community," adopted by the Town Board on April 22, 2009.

"Complete Streets" resolution, adopted by the Town Board on August 12, 2009.

§ 103-25 Maximum density unit calculation for major subdivisions.

[Amended 10-8-2008 by L.L. No. 3-2008]

The maximum number of density units (i.e., units per acre or DU) shall not exceed the maximum allowable DU for a subdivision in the district in which the property is located. Any regulations contained in this chapter and in Chapter 128 restricting the number of dwelling units permitted in a subdivision shall apply. The calculation of buildable yield for a major subdivision shall be based on the following formula. The buildable yield (BY) shall be used to determine the allowable density units per the area, yard and bulk chart, § 128-100 of the Zoning Law.[1]

The BY calculation shall be determined by subtracting the constrained land areas of the property (i.e., NYSDEC and USACOE regulated wetlands, and lands within the one-hundred-year floodplain area, and steep slope areas of greater than 20%) for which the applicant has not secured and has not submitted to the Planning Board permits or approvals that would allow development in such constrained land areas, as follows:

T - (W+F+S) = BY

	Where:
	T =	Total acreage inside the boundary lines of the project parcel.
	W =	Total acreage inside the boundary lines of the project parcel and within a NYSDEC or USACOE regulated wetland (exclusive of any buffer area).
	F =	Total acreage inside the boundary lines of the project parcel and within the one-hundred-year floodplain area where the base elevations and flood hazard are determined exclusive of any flood area within a regulated state or federal wetland.
	S =	Total acreage inside the boundary lines of the project parcel and containing slopes of 20% or greater.
	BY =	Maximum number of acres that can be developed and that form the basis for determining the maximum number of residential dwellings that may be created per the area, yard and bulk chart.

The BY calculation set forth in Subsection A above shall be adjusted to include, in whole or in part, the constrained land area(s) for which the applicant has secured the necessary permits or approvals from applicable local, state or federal agencies authorizing development in such area(s) and has submitted copies of said permits or approvals to the Planning Board. If the parcel is not proposed for connections to central sewage disposal facilities, the plan shall also include an assessment and certification by a professional engineer as to the suitability of the soils to accommodate individual sewage disposal systems. The Department, in its sole discretion, shall determine whether the plan is realistic and reflects a development pattern that could reasonably be implemented.

[1]

Editor's Note: See the Schedule of Area, Yard and Bulk Requirements included at the end of Ch. 128, Zoning.

§ 103-26 Layout of streets and roads.

Relation to topography. Streets shall be logically related and conform, insofar as possible, to the original topography. They shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. A combination of steep grades and sharp curves shall be avoided.

Streets. Streets shall be graded and improved with pavement, street signs, sidewalks, streetlighting, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants in accordance with the Town of Bethlehem Department of Public Works Guidelines for Final Subdivision Plans, dated August 25, 1997, as amended, and the State Highway Law, as amended. The Planning Board may waive, subject to appropriate conditions and upon the recommendation of the Town Highway Department and the Town Engineer, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.

Utilities. Underground utilities shall be placed between the paved roadway and street line to facilitate location and repair of the lines. The applicant shall install underground connections, where required, to the property line of each lot before the street is paved.

Grading and stormwater improvements. Site grading and improvements related to management of stormwater quality and quantity shall conform to Town specifications and shall be approved as to design and specifications by the Town Engineer or duly authorized representative. In addition, development of the parcel shall conform with the State Pollutant Discharge Elimination System (SPDES) Phase II stormwater requirements and §128-49 of the Zoning Law and Chapter 98 of the Code of the Town of Bethlehem.

[Amended 11-14-2007 by L.L. No. 7-2007]

Intersections. Intersections of major streets by other streets shall generally be at least 600 feet apart where practicable. Cross (four-cornered) street intersections shall be avoided, except at important intersections. A distance of at least 150 feet shall be maintained between offset intersections. Within 50 feet of an intersection, streets shall be approximately at right angles and grades shall be limited to 1.5%. All street intersection corners shall be rounded by curves of at least 25 feet in radius at the property line.

Trees. A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on the site. Such features may well be suggested for park or playground areas. On individual lots or parcels, care should be taken to preserve selected trees to enhance the landscape treatment of the development.

Sight lines and visibility at intersections. Within the triangular area formed at corners by the intersection of street center lines, for a distance of 75 feet from their intersection and the diagonal connecting the end points of these lines, visibility for traffic safety shall be provided. Fences, walls, hedges or other landscaping shall not be permitted or placed so as to obstruct such visibility.

Continuation of streets into adjacent property. Streets shall be arranged to provide for their continuation between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, and efficient provision for utilities and particularly where such continuation is in accordance with the Town Plan. If the adjacent property is undeveloped and the streets must dead end temporarily, the right-of-way and the improvements must run to the property line. A temporary "T" turnaround, meeting Town specifications, shall be provided at the terminus of all dead-end streets together with a notation on the plat that the land outside the street right-of-way shall revert to abutters whenever the street is continued.

Permanent dead-end streets (culs-de-sac). A circular turnaround in accordance with the standards set forth in the Town specifications shall be provided at the end of the dead-end street for greater convenience to traffic and effective police and fire protection. Permanent dead-end streets shall, in general, be limited in length to 900 feet.

Street names. All streets shall be named, and such names shall be subject to the approval of the Town Board. Names shall be sufficiently different in sound and spelling from other street names in the Town so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name.

Future street system. Where the plat covers only a part of the applicant's tract, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the part submitted shall be considered along with the potential future street system.

§ 103-27 Lots, flag lots and shared driveways.

Arrangement. The arrangement of lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in locating a building on each lot and in providing access to buildings on such lots from an approved street.

Flag lots. Lots which meet the definition of "flag lot," as defined in this chapter, shall meet the following additional standards:

The access to the flag lot shall be by way of a driveway placed within the "flagpole" or "panhandle" portion of the lot or parcel, as recorded.

Only that portion of the lot having adequate width to meet the minimum lot width requirements and allow for provision of meeting the minimum yard and setback requirements of the district shall be counted as part of the minimum lot area. The accessway (i.e., the "flagpole" or "panhandle") shall not be included in the calculation of minimum lot area.

The accessway shall maintain a constant minimum width of not less than the minimum highway frontage as set forth in Chapter 128, Zoning, § 128-100 for the district in which the property is located.

The flagpole shall not cross a flowing or intermittent stream, ravine or similar topographic feature without provision of an adequate structure or fill and culvert to carry traffic.

In no event shall a flag lot be used to access a private road.

(6)

The flagpole shall be conveyed with the ownership of the rear lot or parcel and shall be considered a permanent part of that lot or parcel, never to be resubdivided or conveyed separately from the parcel to which it provides access.

(7)

A flag lot parcel shall not be approved which would create a flagpole that would be generally parallel to a public street, unless the flagpole is separated from the public street by a distance of not less than 200 feet.

(8)

Adjoining flag lots are prohibited. The minimum distance between driveways serving individual flag lots shall be not less than 100 feet as measured along the public road or highway frontage.

(9)

Flag lots shall be permitted in both major and minor subdivisions at the discretion of the Planning Board. Flag lots must meet all area, yard and bulk requirements for the zoning district applicable and shall be so arranged as to provide suitable all-weather access for passenger and emergency vehicles.

(10)

The length of the "pole" of the flag lot from the roadway to the front yard line shall not be less than 200 feet.

(11)

Where one flag lot parcel is preexisting, the adjoining lot or parcel shall not be divided into a flag lot shape.

(12)

Notwithstanding any inconsistent provisions of this chapter or the Zoning Law[1], flag lots shall be permitted for the erection and maintenance of single-family dwellings only.

[1]

Editor's Note: See Ch. 128, Zoning.

(13)

Flag lots may not be further subdivided.

The Planning Board is authorized to modify the requirements for flag lots as set forth in Subsection A above, provided that the Board determines that such modification will result in an improved project design, will be protective of the environment, and will ensure the protection of the public health, safety and welfare.

Lots located in the R, RR, and RLI Districts shall be exempt from regulation as flag lots under Subsection B(8).

A shared driveway may be used to access no more than three buildable lots. Shared driveways may be used to access a flag lot and not more than two lots adjoining the flag lot, provided that each such lot has frontage on a public road or public highway. The establishment of a shared driveway requires an access easement and an agreement or covenant setting forth the rights and obligations of the owners of the lots to share in the cost of maintaining and repairing the shared driveway. Such agreement or covenant is subject to the approval of the Town Attorney.

§ 103-28 Reservations and easements.

Realignment or widening of existing streets. Where the subdivision borders an existing street and the Official Map or Town Plan indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown in the plat as "Reserved for Street Purposes."

Utility and drainage easements. Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within a street right-of-way, perpetual unobstructed easements shall be provided to the Town for such utilities or drainage facilities located outside of the street right-of-way. Said easements shall be a minimum 20 feet in width unless otherwise recommended by the Town of Bethlehem Engineering Division and approved by the Planning Board.

[Amended 10-8-2008 by L.L. No. 3-2008]

Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 10 feet in width along the street right-of-way or at such other locations as the Board deems appropriate.

[Amended 10-8-2008 by L.L. No. 3-2008]

Ownership of reservations. Ownership shall be clearly indicated on all reservations and easements.

§ 103-29 Parkland reservation and fee requirements.

General provisions.

In reviewing residential site plans and residential subdivisions, or proposals for planned residential and mixed economic developments, the Planning Board, in the case of site plans and subdivisions, or the Town Board in the case of planned residential and mixed economic developments, shall ensure that the park and recreation demands generated by new residential development are addressed in accordance with the provisions of this article.

To the extent that this section is inconsistent with Town Law § 274-a, Subdivision 6, or § 277, Subdivision 4, or any other provision of Article 16 of the Town Law, the provisions of this chapter are expressly intended to and do hereby supersede any such inconsistent provisions.

Reservation of land for public park, playground or parkland purpose.

Land reservation requirement.

(a)

Residential developments requiring site plan or subdivision approval. Where the Planning Board determines that suitable land for a public park, playground or other recreational purpose exists within the parcel boundaries of a proposed residential development, the Planning Board may require as a condition of site plan or subdivision approval that a portion of the development parcel be reserved for such purpose.

(b)

Residential developments requiring planned residential development approval. Where the Town Board determines that suitable land for a public park, playground or other recreational purpose exists within the parcel boundaries of a proposed planned residential development, the Town Board may require as a condition of building project approval that a portion of the development parcel be reserved for such purpose.

In determining whether or not to require the reservation of land for public park, playground or other recreational purpose, the Planning Board, in the case of residential site plans and subdivisions, and the Town Board, in the case of planned residential and mixed economic developments, shall be guided by the criteria and procedures outlined in Subsections C, D and E below.

Amount of land reservation. The minimum amount of land area to be reserved for public park, playground or other recreational purpose shall be determined by the number and type of new residential units located within the proposed residential development, according to the following schedule:

[Amended 8-28-2019 by L.L. No. 2-2019]

	Unit Type	Amount of Land to be Reserved (square feet per dwelling unit)
	Single-family detached	1,800
	Single-family attached¹	1,500
	Two- to four-family unit²	1,600
	Multifamily unit³	1,300

	Notes:
	¹	Refers to single-family attached units such as townhouses where each dwelling unit sits on its own individual lot.
	²	Refers to units located in structures with two to four dwelling units, including condominium units, but excluding single-family attached units such as townhouses.
	³	Refers to units located in structures with five or more dwelling units, including condominium units, but excluding single-family attached units such as townhouses.

Criteria for land reservation. In determining whether or not to require the reservation of land for public park, playground or recreational purposes, the Planning Board, in its review of residential site plans or subdivisions, or the Town Board, in its review of planned residential and mixed economic developments, shall consider the following factors:

Whether suitable land exists within the parcel boundaries of the proposed development, in terms of its size, shape, and dimensions, to reasonably accommodate a public park, playground or other recreation use.

Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology and/or other natural features readily lend themselves to development of the site for active recreation use.

Whether there are state or federal regulatory restrictions that would limit the usefulness of the site for active recreation development.

Whether the site, in terms of its physical characteristics, would provide an attractive and safe area for recreational use.

Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can be provided between the site and surrounding residential areas.

(6)

Whether the character of the proposed residential development and that of the surrounding area are compatible with a public park and/or recreational use.

(7)

Whether the anticipated population of the proposed residential development, together with the population density of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a public park, playground or other recreation facility at the location.

(8)

Whether the site is located near or duplicates recreation facilities already provided in the area, particularly those providing the same type of recreation opportunities, including facilities located on public school grounds.

(9)

Whether development and long-term maintenance of the site would place an undue burden on the Town Parks and Recreation Department, given other commitments and priorities of that Department.

(10)

Whether the site contains any unique and significant physical, aesthetic or ecological features that would make it particularly suited for environmental education, trail development, a nature preserve, or other passive recreation use.

(11)

Whether reservation of the land is consistent with recommendations contained in the Comprehensive Plan for the Town of Bethlehem and/or the Master Plan for Parks and Recreation in the Town of Bethlehem, if any, in effect at the time the development application is made.

(12)

Whether reservation of the land is consistent with the general goals and objectives of the Town Parks and Recreation Department and the Town Board with respect to parks and recreation facility development.

Referral required.

Site plan and subdivision applications. Prior to making any final determination that land within a proposed residential development will be reserved for public park, playground or other recreational purpose, the Planning Board, in the case of site plans or subdivisions, shall first refer the proposal to both the Town Board and the Administrator of Parks and Recreation for their input on the matter. If no response is rendered within 30 days of the date of referral, the Planning Board may make a final determination. A referral is not necessary where the Planning Board makes a determination that it will not require the reservation of land within the residential development.

Planned residential development applications. Prior to making any final determination that land within a proposed residential development will be reserved for public park, playground or other recreational purpose, the Town Board, in the case of planned residential and mixed economic developments, shall first refer the proposal to the Administrator of Parks and Recreation for his/her input on the matter. If no response is rendered within 30 days of the date of referral, the Town Board may make a final determination. A referral is not necessary where the Town Board makes a determination that it will not require the reservation of land within the residential development.

Findings required. Prior to making any final determination that land will be reserved for public park, playground or other recreational purpose, the Planning Board, in the case of residential site plans and subdivisions, or the Town Board, in the case of planned residential and mixed economic developments, shall make a finding, in accordance with § 274-a, Subdivision 6, or § 277, Subdivision 4, of the New York State Town Law that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. The finding shall include an analysis of the criteria of Subsections D(1) through (12) above.

Timing of land reservation. The reservation of public park, playground or recreation land shall occur prior to the issuance of the first building permit for any dwelling unit located within the approved residential development.

Satisfaction of land reservation requirement. The land reservation requirement of this section shall be satisfied by:

The presentation to the Town of a metes and bounds description of the site that is proposed to be reserved for public park, playground or recreation purposes;

The placing of a notation upon the approved plan indicating that the land is so reserved and cannot be further subdivided or built upon except for such purposes; and

The placing of deed restrictions upon the site. Said deed restrictions shall be in a manner and form acceptable to the Town Attorney and shall indicate that the land is reserved for public park, playground or recreational purposes and cannot be further subdivided or built upon except for such purposes. Said deed restrictions shall be filed in the office of the County Clerk, and upon their filing the land so reserved shall become part of the Official Map of the Town of Bethlehem.

Fee in lieu of public park, playground or recreational land.

Fee in lieu of land reservation. Where the Planning Board, in the case of residential site plans and subdivisions, or the Town Board, in the case of planned residential and mixed economic developments, does not require the reservation of land for a public park, playground or other recreational purpose, the approving Board or agency shall instead require that a fee in lieu of said land be paid to the Town as a condition of project approval.

Amount of fee. The fee to be paid the Town above shall be determined by the number and type of new residential units located within the proposed residential development, according to the following schedule:

[Amended 8-28-2019 by L.L. No. 2-2019]

	Unit Type	Fee Amount (per dwelling unit)
	Single-family detached	$2,200
	Single-family attached¹	$1,600
	Two- to four-family unit²	$1,650
	Multifamily unit³	$1,350

	Notes:
	¹	Refers to single-family attached units such as townhouses where each dwelling unit sits on its own individual lot.
	²	Refers to units located in structures with two to four dwelling units, including condominium units, but excluding single-family attached units such as townhouses.
	³	Refers to units located in structures with five or more dwelling units, including condominium units, but excluding single-family attached units such as townhouses.

Findings required. Prior to requiring the payment of a fee in lieu of the reservation of land, the Planning Board, in the case of site plans or subdivisions, or the Town Board, in the case of planned residential and mixed economic developments, shall make a finding, in accordance with § 274-a, Subdivision 6, or § 277, Subdivision 4, of the New York State Town Law and § 128-57 of the Town Zoning Law that the proposed residential development presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan or within such building project.

Timing of fee payment. Payment of the fee shall be made to the Town at the time of application for a building permit for each approved dwelling unit. Fees may be paid on a unit-by-unit basis consistent with the number of units covered in each building permit application.

Fees to constitute separate trust fund. All fees collected pursuant to this section shall be placed in a separate trust fund(s) to be established and used by the Town exclusively for the acquisition of public park, playground or recreation land and/or the improvement of public park and recreation facilities.

Credits.

Credit for previous land reservations and fee payments. Notwithstanding the provisions found elsewhere in this article, credit shall be given for previous land reservations and/or fee payments that were made pursuant to this chapter or Chapter 128, Zoning, of the Town Code at the time of a prior residential development approval.

Credit for land previously reserved. Any land reservation required pursuant to this article shall be reduced by an amount equal to the area of land reservation required for the approved dwelling unit(s) or lot(s) at the time of previous subdivision, site plan or planned residential development approval.

Credit for fees previously paid. Any parkland fee required pursuant to this article shall be reduced by an amount equal to the parkland fee required for the approved dwelling unit(s) or lot(s) at the time of previous subdivision, site plan or planned residential development approval.

Credit for on-site facilities. In instances where private parkland facilities are provided on site for the benefit of residents of the development, the parkland fee required pursuant to this article may be reduced by an amount equal to 50% of the required fee or 50% of the cost of such on-site facilities, whichever is less. Acceptable facilities shall include clubhouses, swimming pools, tennis courts, playgrounds, athletic fields, and other similar facilities for active recreation use. The acceptability of on-site facilities and any subsequent reduction in fee shall be determined by the Town Board in the case of planned residential and mixed economic developments or by the Planning Board in the case of residential site plans or subdivisions. The cost of any on-site facilities for which credit is sought shall be fully documented and may include the cost of materials and labor only.

§ 103-30 Average density subdivision.

The Planning Board may encourage and allow the use of an average density calculation for new lots as part of a major subdivision development. In approving average density subdivisions, the Planning Board shall find that the subdivision furthers the Town Comprehensive Plan's objectives of protecting natural and open lands and organizing the open space parcels into a continuous open space system. The Planning Board may allow the application of average density subdivisions subject to the following:

The application shall meet the criteria as a major subdivision. Minor subdivision applications shall be ineligible for approval as an average density subdivision.

The lots so created shall be for residential use only.

The parent parcel must be located in one of the following districts: R, RLL, RA, RB, CR or RR.

An average density subdivision shall be platted so that the mean, or average, lot area throughout the subdivision meets or exceeds the minimum lot area requirement for the zoning district.

Any reduced area lot created as part of an average density subdivision shall meet all of the other minimum area, yard and bulk requirements for the zoning district.

The Planning Board shall require sufficient legal assurances (i.e., conservation easements, restrictive covenants or similarly binding legal mechanisms) to prevent future subdivision of either the remaining lands of the parent parcel or any of the lots created in a way that would cause the maximum average density unit standard to be exceeded.

In approving an average density subdivision, the Planning Board shall find that the adverse environmental impacts of the proposed subdivision are less than what would otherwise occur within a conventional subdivision.

The use of average density subdivision shall not increase the total amount of density units that are permitted pursuant to § 103-25 of this chapter and § 128-100 of the Town Zoning Law.

§ 103-31 Miscellaneous requirements.

[Added 2-8-2012 by L.L. No. 1-2012]

Lot monumentation. The property corners of all lots created pursuant to this chapter shall be permanently marked in the field by installation of iron pipe, rods or other suitable monumentation approved by the Town Engineer. Monumentation for each individual lot shall be located and installed by a licensed land surveyor and be in place prior to issuance of a certificate of occupancy.

Model homes. Prior to the acceptance of Town highways and infrastructure within an approved subdivision, the developer may make application for a building permit for a model home within said subdivision. No building permit may be issued for a model home unless the following conditions have been satisfied:

[Amended 12-14-2016 by L.L. No. 5-2016]

The final plat has been approved and filed in the Albany County Clerk's office.

The model home consists of a single-family detached structure or a single-family attached structure containing no more than two dwelling units.

The model home is located within 600 feet of an existing public fire hydrant.

Access is provided to the model home lot directly from an abutting, improved and dedicated public street, or in the absence of an improved and dedicated street, an abutting street that will be dedicated to the Town under the provisions of the subdivision approval and which street abutting the lot has been improved to the point of installation of the asphalt base course.