A.
Following the effective date of this chapter:
(1)
Lot requirements. No lot shall be formed from part
of a lot already occupied by a building unless such building, all
yards and open spaces connected therewith and the remaining lot comply
with all requirements prescribed by this chapter for the district
in which said lot is located. No permit shall be issued for the erection
of a building on any new lot thus created unless such building and
lot comply with all the provisions of this chapter.
(2)
Divided lots. Where a lot is divided by a zoning district
boundary line so that a part of the lot is located in a residential
district and a part is located in a nonresidential district, access
to a nonresidential use on the nonresidential part of the property
across the residential part of the property is prohibited if the nonresidential
part has or can develop legal access on a public road.
(3)
On a corner lot, front yards are required on both
street frontages, and one yard other than the front yards shall be
deemed to be a rear yard and the other or others shall be deemed to
be side yards. The minimum district requirements for each shall be
complied with.
(4)
On a through lot, a front yard setback shall be required
on both street frontages.
B.
Previously issued permits. Nothing contained in this
chapter shall require any changes in the plans, construction or designated
use of a building complying with existing law, a permit for which
shall have been duly issued prior to the date of this chapter and
the footing and foundation shall have been completed, in accordance
with such plans as have been filed, within two years from the date
of the passage of this chapter.
The Town of Bethlehem supports the use of land for agricultural purposes and through the Town Comprehensive Plan and this chapter has attempted to provide, to the fullest extent allowed by law, for the protection of agricultural uses and lands suitable for agricultural production. The Town supports the continued operation of active farm operations and has provided, through the regulations of this chapter and Chapter 103, Subdivision Regulations, the means for the Planning Board to approve nonagricultural land development subject to such conditions as may be required to assure the long-term viability of active farm operations and agricultural activities by limiting the potential for conflict between established farms and agricultural uses and newly established nonagricultural land uses. The Town supports sound agricultural practices necessary for the on-farm production, preparation and marketing of agricultural commodities and supports the farm protection policies set forth in § 308 of the Agriculture and Markets Law.
[Amended 10-8-2008 by L.L. No. 3-2008]
A.
Review authority. The Building Inspector is hereby
authorized to review applications for a building permit pertaining
to the construction of amateur radio communications towers.
B.
Purpose and intent. The purpose of this section is
to establish regulations for the siting of amateur radio communications
towers in order to accommodate such equipment as required by Federal
Communications Commission Order dated September 16, 1985, known as
"PRB-1," while protecting the public against any adverse impacts on
aesthetic resources, assuring public safety and welfare, minimizing
visual impacts through proper design, siting and screening, and avoiding
potential physical damage to adjacent properties.
C.
Preexisting amateur radio communications towers are
exempt from the provisions of this section.
D.
Application requirements. The applicant for a building
permit under this section shall be required to provide the following
information:
(1)
A scaled plan or drawing of the proposed tower, with
design data and documentation that the tower meets or exceeds applicable
federal and state specifications.
(2)
A sketch showing the lot or parcel and its dimensions,
and all structural improvements thereon, on which the tower is to
be located and showing the location of all structures on the lot or
parcel, and the location of the proposed tower.
(3)
Proof that the applicant is an amateur radio operator
licensed by the Federal Communications Commission.
(4)
Proof of insurance specifically covering the proposed
tower.
(5)
If the FCC license holder and operator is not the
property owner, the property owner must also sign the application.
E.
Building permit criteria. The Building Inspector,
in reviewing the application for amateur radio communications towers,
shall be guided by the following standards:
(1)
The structural design of the proposed tower shall
meet accepted engineering standards including wind-load requirements.
(2)
The proposed tower shall be erected only in a rear
or side yard.
(3)
The proposed tower, including all masts and antennas,
shall not exceed a height of ninety-five (95) feet above the ground
and in no event shall be closer in horizontal distance than 1.25 the
height of the tower to a principal dwelling or structure used for
human habitation on any adjacent or neighboring property.
(4)
No part of the proposed tower, including stays and
guy or supporting wires, shall be in violation of the relevant district
setbacks.
(5)
If the base of a ground-based tower is visible from
any public right-of-way or from adjacent property, then reasonable
screening of the base may be required so long as such screening will
not interfere with the reception or the transmission of signals.
(6)
Towers shall not be located on drainage easements,
public utility easements or on any reserved open space.
F.
Approvals. The federal government has determined that
amateur radio communications towers and the activities of a licensed
operator are beneficial to the public health, safety and general welfare
of the community. If the proposed tower meets the requirements of
this section, then the building permit application shall be approved.
Any approval shall contain the condition that the Building Inspector
may enter the premises at any reasonable time to inspect the tower
installation for its construction, stability and maintenance. The
applicant shall at all times maintain a valid FCC license to operate
the facility and shall provide a valid copy of his or her FCC license
to the Building Inspector upon demand.
G.
Abandonment and removal. The applicant shall remove
the tower upon selling the property or when the applicant no longer
holds a valid FCC license to operate as an amateur radio operator,
unless the purchaser of the property or a member of the purchaser's
immediate family is also a licensed amateur radio operator.
A.
A bed-and-breakfast may have no more than five bedrooms
for guests and may accommodate no more than 10 transient lodgers.
B.
The bed-and-breakfast may offer meals to its lodgers
only.
C.
Bed-and-breakfast establishments may not be used commercially
for conference centers, weddings, concerts, a public restaurant, auctions,
retreats or other for-hire events.
D.
Residence. The applicant/operator must be the owner
and must reside full time in the residence that is to be the bed-and-breakfast
facility unless an accessory structure is to be converted to a bed-and-breakfast,
in which case the owner must reside in the principal residence on
the same parcel as the accessory structure. If the principal residence
and an accessory structure are to have bed-and-breakfast rooms, the
total number of bedrooms allowed is still limited to five and the
total number of transient lodgers is still limited to 10.
E.
The applicant shall comply with all applicable health
codes, building codes and other applicable laws. Upon request the
operator shall provide documentation that all required permits, including
but not limited to County Health Department, state, county and local
highway permits, etc., have been obtained. Prior to the issuance of
a certificate of occupancy, the applicant must show that all applicable
permits have been received.
F.
The dwelling shall comply with all applicable bulk
regulations and other applicable provisions of this chapter.
[Amended 10-8-2008 by L.L. No. 3-2008]
A.
Fences or freestanding walls not exceeding four feet
in height may be erected anywhere on a lot, except as otherwise provided
in this section.
B.
Fences or freestanding walls in residential districts.
(1)
Fences or freestanding walls not exceeding four feet
in height may be erected in the front yard.
(2)
Fences or freestanding walls greater than four feet
in height but not more than six feet may be erected in the side and
rear yards.
(3)
For corner lots, fences or freestanding walls not
exceeding six feet in height may be located in the front yard, opposite
the side yard, as determined by the Building Inspector. Said fence
or freestanding wall shall have a minimum setback of 15 feet from
the determined front yard property line.
(4)
Fences for pools, spas and hot tubs shall encompass the entire perimeter of the pool, spa or hot tub. Fences shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the fence. Fences and appurtenances shall meet or exceed the minimum requirements as set forth for barriers under the Residential Code of New York State and shall be approved by the Building Inspector before installation. Fences for pools, spas and hot tubs shall also meet requirements of § 128-60.
(5)
Fences constructed for the purpose of enclosing a
tennis court shall not exceed 10 feet in height and may not be located
closer than 15 feet to any property line.
C.
Fences or freestanding walls in the Heavy Industrial
District, that abut a residential zoning district, shall not exceed
eight feet in height, but may include an additional 18 inches of barbed
wire at the top. If barbed wire is used it shall be canted in.
D.
Fences in mixed-use and commercial districts.
(1)
Fences or freestanding walls not exceeding four feet
in height may be erected in the front yard.
(2)
Fences or freestanding walls greater than four feet
in height but not more than six feet may be erected in the side and
rear yards.
(3)
Notwithstanding the provisions of preceding Subsection D(1) and (2), open-weave chain-link fences not exceeding 10 feet in height, and solid fences not exceeding eight feet in height, shall be permitted in Rural Light Industrial Districts and Heavy Industrial Districts.
[Added 2-8-2012 by L.L. No. 1-2012]
E.
Fences for agricultural uses may not exceed eight
feet in height, shall not be solid (i.e., stockade-style fences or
chain link fencing with vinyl slat inserts), and shall allow unimpaired
visibility through the fence (i.e., standard chain link or other wire
fence without vinyl slat inserts).
F.
Fences designed to be structurally supported by posts,
cross members or rails on one side only shall be erected with the
posts, cross members or rails on the fence owner's side, and the finished
side of the fence shall face adjacent properties.
G.
No minimum distance shall be required between a fence
or freestanding wall and a lot line, unless otherwise specified in
this chapter.
H.
Fences and freestanding walls in any zoning district
shall be maintained in a structurally sound condition.
I.
No hedge, freestanding wall, fence or other boundary
structure, nor trees, shrubs and other landscaping, shall be located
so as to cause danger to vehicular and pedestrian traffic by obstructing
the view.
J.
No fence or freestanding wall shall be located in
a municipal right-of-way.
[Amended 10-8-2008 by L.L. No. 3-2008]
A.
Flag lot requirements. Lots which meet the definition
of "flag lot" as defined in this chapter shall meet the following
additional standards:
(1)
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.
(2)
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.
(3)
The accessway shall maintain a constant minimum width of not less than the minimum highway frontage as set forth in § 128-100 for the district in which the property is located.
(4)
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.
(5)
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. 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. Lots located in the R, RR and RLI Districts shall
be exempt from adjoining flag lot requirements of this subsection.
(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. See driveway construction requirements as provided in supplemental regulation § 128-66.
(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, flag lots shall be permitted for the erection and
maintenance of single-family dwellings only.
(13)
Flag lots may not be further subdivided.
B.
[1]Shared driveways. A shared driveway may be used to access
no more than three buildable lots. In the instance of flag 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.
[1]
Editor’s Note: Former Subsection B, Modification of
flag lot requirements, was repealed 2-8-2012 by L.L. No. 1-2012. This
local law also provided for the redesignation of former Subsection
C as Subsection B.
A.
Purpose. Uncontrolled disturbance of land and inadequately
controlled land clearing activities can lead to failure of slopes
and the mass movement of earth; damage to the natural environment,
man-made structures and personal safety; and the degradation of aesthetics.
In addition, the failure to properly regulate large-scale clear-cutting
and land clearing activities, particularly on steep slope areas, has
been shown to have dire short-term and long-term impacts on the wetlands,
streams, ponds and lakes that make up the unique environmental landscape
of the Town. In particular, uncontrolled runoff carrying soil, organic
material, and natural and man-made chemicals, metals and toxins has
been shown to have the following deleterious effects on the natural
and the built environment:
(1)
Destroys fish habitat through blanketing of fish spawning
and feeding areas.
(2)
Kills aquatic organisms required by fish by reducing
sunlight penetration through the water column.
(3)
Kills fish directly through gill abrasion and fin
rot.
(4)
Reduces the recreational value of water and makes
it less attractive for swimming.
(5)
Increases risk to swimmers and boaters by impeding
search and rescue efforts as water turbidity increases.
(6)
Adds to overall construction cost since new topsoil
and base materials must be brought in to make up the lost difference.
(7)
Adds to taxpayer cost to remove accumulated soil from
catch basins and pipes.
(8)
Introduces toxic materials into water bodies that
contribute to algae blooms and degradation of drinking water sources,
which require the construction of new and/or enhanced water treatment
facilities to make water potable.
B.
Intent. It is the intent of the Town of Bethlehem
to ensure that all activities involving land disturbance in all areas
of the Town are carried out so as to ensure the maximization of benefits
to the public and the residents of the Town and the protection of
the natural and man-made environment, by ensuring that soil erosion
is controlled to the maximum extent practicable.
C.
Prohibited activities. The following activities are
prohibited:
[Amended 11-14-2007 by L.L. No. 7-2007; 12-14-2016 by L.L. No. 5-2016]
(1)
Construction of improvements and land disturbance activities on an area within the angle of repose of 20% or greater of any slope with a vertical rise of 20 feet or more, or 33% or greater of any slope with a vertical rise of 10 feet or more, or 40% or greater of any slope with a vertical rise of five feet or more. A waiver from this prohibition may be granted by the Planning Board in association with its review of a subdivision, site plan and/or special use permit application, or by the Town Engineer in other cases. A waiver may be granted only upon review and acceptance of a report from a professional engineer, who in the judgement and discretion of the Town Engineer has experience in geotechnical engineering, certifying that such construction or land disturbance activities are consistent with generally accepted engineering standards, meet or exceed established factors of safety against slope failure and would not result in undue risk of slope failure or danger to human health, welfare or property. A request for a waiver to the Town Engineer shall be accompanied by an application for a grading, erosion and sediment control permit containing the information outlined in § 128-49F below. A request for waiver to the Planning Board shall be made as part of the site plan, subdivision or special permit application and shall contain the pertinent information from § 128-49F, as determined by the Planning Board.
(2)
Land disturbance activities that would alter or change the direction
and/or quantity of water flow within any established drainage channel,
or that would change the direction and/or quantity of water flow across
neighboring properties.
D.
Regulated activities. The following activities shall require a grading,
erosion and sediment control permit pursuant to this section:
[Amended 12-14-2016 by L.L. No. 5-2016]
(1)
Land disturbance of 0.25 acre or more but less than one acre of land
within the designated MS4 Phase II stormwater areas of the Town.
(2)
Land disturbance of one acre or more shall comply with this section and Chapter 98 of the Code of the Town of Bethlehem.
(3)
Land disturbance within 100 feet of the bank of the following streams
or within the one-hundred-year flood zone of said streams:
(4)
Excavation or filling activity, which exceeds a rate of 200 cubic
yards of material per acre of land physically altered by such excavation
or fill, within any parcel or any contiguous parcels in any twelve-month
period.
(5)
Grading activity that establishes a slope gradient of 20% or more
over a vertical rise of 20 feet or more, or a slope gradient of 33%
or more over a vertical rise of 10 feet or more, or a slope gradient
of 40% or more over a vertical rise of five feet or more.
E.
Exemptions. The following activities shall be exempt
from the provisions of this section and no grading, erosion and sediment
control permit shall be required:
(1)
[1]Activities performed in conjunction with special use permit, site plan, or subdivision approvals granted by the Planning Board following the effective date of this chapter, so long as said activities are not commenced until after the grant of a permit/approval and so long as the application for said activities has been reviewed for conformance with this chapter and Chapter 98 of the Code of the Town of Bethlehem and approval has been conditioned upon compliance with the standards set forth herein, and further provided that the activities shall be subject to and not exempt from the provisions for inspections, enforcement, penalties and revocations set forth herein.
[Amended 11-14-2007 by L.L. No. 7-2007]
(2)
Activities performed in conjunction with special use permit, site plan, or subdivision approvals granted by the Planning Board or Zoning Board of Appeals prior to the effective date of this chapter and Chapter 98 of the Code of the Town of Bethlehem, provided that such activities are commenced within one year of the date of approval.
[Amended 11-14-2007 by L.L. No. 7-2007]
(3)
Activities performed in conjunction with the erection, structural alteration or movement of a structure or building for which a building permit is granted following the effective date of this chapter and Chapter 98 of the Code of the Town of Bethlehem, so long as said activities are not commenced until after the grant of a building permit as provided herein, and so long as the application for said activities has been reviewed for conformance with this chapter and issuance of the building permit has been conditioned upon compliance with the standards set forth herein, and further provided that the activities shall be subject to and not exempt from the provisions for inspections, enforcement, penalties and revocations set forth in herein.
[Amended 11-14-2007 by L.L. No. 7-2007; 12-14-2016 by L.L. No. 5-2016]
(4)
(Reserved)
(5)
Clearing or timber harvesting for the purpose of cutting
firewood for personal use by a single household.
(6)
Selective cutting of marketable timber.
(7)
Household gardening.
(8)
Removal of dead wood and diseased trees or cutting
of trees on a scale that does not constitute timber harvesting.
(9)
Repairs to occupied buildings.
(10)
Routine road, highway or street maintenance.
(11)
Routine maintenance and repair of existing structures
or facilities.
(12)
The placement, use and maintenance of improvements
used in agricultural production.
(13)
The removal of trees and vegetation in accordance
with a forestry management plan approved by the State Department of
Environmental Conservation.
(14)
The removal of vegetation as required to establish
safe sight line distances for driveway entrances.
(15)
The removal of vegetation that threatens resident
or public safety and removal of non-native plant species designated
as "invasive."
(16)
The removal of vegetation to comply with a governmental
order.
(17)
Activities performed in conjunction with the
use of land for agricultural purposes, including tree plantations
and tree harvesting and forestry.
(18)
Land filling or excavation activity involving the placement
or removal of two cubic yards of material or less.
[Added 12-14-2016 by L.L.
No. 5-2016]
F.
Permit procedure.
(1)
The Town Engineer is hereby designated to administer
and implement this chapter by granting or denying grading, erosion
and sediment control permits in accordance with its provisions.
(2)
An application for a grading, erosion and sediment
control permit shall be made to the Town Engineer and shall include
the following information:
(a)
A completed application form signed by the applicant
and the owner and/or including a notarized statement signed by the
owner authorizing the applicant to act as the owner's agent and binding
the owner to the terms of this chapter and any permit issued hereunder.
(b)
A plan of the proposed activity, drawn at a
scale as determined by the Town Engineer, that adequately depicts
the area of proposed improvements and/or disturbance using as a base
map a current boundary and topographic survey of the property depicting
all existing improvements and prepared by a New York State licensed
land surveyor.
[1]
The proposed plan shall depict all proposed
improvements to the property and shall be prepared and certified by
a professional engineer, a landscape architect, or an architect licensed
by the State of New York, showing:
[a]
The location of the proposed area
of disturbance and its relationship to property lines, easements,
buildings, roads, walls, and wetlands, if any, within 50 feet of the
boundaries of said area.
[b]
Existing topography of the proposed
area of disturbance at a contour interval of not more than two feet.
Contours shall be shown for a distance of 50 feet beyond the limits
of the proposed area of disturbance, or greater than 50 feet if determined
necessary by the Town Engineer in order to fully evaluate the application.
[c]
Proposed final contours at a maximum
contour interval of two feet, locations of proposed structures, underground
improvements, proposed surface materials or treatment, and dimensional
details of proposed erosion and sediment facilities, as well as calculations
used in the siting and sizing of sediment basins, swales, grassed
waterways, diversions and other similar structures.
[2]
The Town Engineer may also require information
depicting the watershed tributary to the proposed area of disturbance,
including proposed controls and diversions of upland water.
[Amended 11-14-2007 by L.L. No. 7-2007]
[3]
Except for applications involving one single-family
dwelling, The Town Engineer may also require the depth to bedrock
and depth to water table to be identified in all areas of disturbance.
[Amended 11-14-2007 by L.L. No. 7-2007]
(c)
A soil erosion and sediment control plan designed
utilizing the standards and specifications contained in the most recent
version of the New York State Department of Environmental Conservation
publication titled New York State Standards and Specifications for
Erosion and Sediment Control. The design, testing, installation, maintenance
and removal of erosion control measures shall adhere to these standards
and any conditions of this chapter and the erosion control permit.
This plan shall:
[Amended 12-14-2016 by L.L. No. 5-2016]
[1]
Describe or depict the temporary and/or permanent
structural and vegetative measures that will be used to control erosion
and sedimentation for each stage of the project, from land clearing
to the finished stage;
[2]
Delineate the area of the site that will be
disturbed and include a calculation of the acreage or square footage
so disturbed;
[3]
Include a map drawn at a scale as determined
by the Town Engineer that adequately depicts the location of erosion
and sediment control measures, swales, grassed waterways, diversions
and other similar structures;
[4]
Provide dimensional details of proposed erosion
and sedimentation facilities as well as calculations used in the siting
and sizing of sediment basins, swales, grassed waterways, diversions
and other similar structures;
[6]
Provide an estimate for the cost of implementing
all elements of the erosion control plan; and
[7]
Provide a maintenance schedule for erosion control
measures.
(d)
The details of any surface or subsurface drainage
systems proposed to be installed, including special erosion control
measures designed to provide for proper surface or subsurface drainage,
both during the performance of the work and after its completion.
(e)
Any special reports deemed necessary by the
Town Engineer to evaluate the application, including but not limited
to detailed soils, geologic or hydrologic studies.
(f)
Except for applications involving one single-family
dwelling, a written narrative explaining the nature of the proposal,
including any future development anticipated for the property and
whether alternative locations exist for the proposed activity.
(g)
Copies of all applications, permits and approvals
required by any other local, state or federal agency associated with
the construction and site work/disturbance proposed by the applicant.
(h)
An application fee in an amount as shall be
established by the Town Board.
(i)
Certification from a New York State licensed engineer, landscape
architect or surveyor stating that the proposed land disturbance activity
does not fall within the angle of repose of 20% or greater of any
slope having a vertical rise of 20 feet or more, or 33% or greater
of any slope with a vertical rise of 10 feet or more, or 40% or greater
of any slope with a vertical rise of five feet or more.
[Added 12-14-2016 by L.L.
No. 5-2016]
(3)
Information waiver. Where the Town Engineer finds that due to the
specific nature of a proposed land disturbance activity certain information
or data is not necessary to conduct the review and render an informed
decision on the application, the Town Engineer may waive said information
and data requirements.
[Added 12-14-2016 by L.L.
No. 5-2016]
G.
Review. The Town Engineer shall:
(1)
Determine when an application is complete.
(2)
Review the application to determine that the requirements
of this section have been satisfied.
(3)
Review each complete application and approve, approve
with conditions or deny applications in accordance with this section
within 62 days of the receipt of a complete application.
(4)
Require the applicant to execute a statement binding the applicant
to the terms of this section and any permit issued hereunder.
[Amended 12-14-2016 by L.L. No. 5-2016]
H.
Criteria for granting permit. In granting a grading,
erosion and sediment control permit, the Town Engineer shall find
that all of the following conditions have been met:
(1)
The proposed activity will not result in creep, sudden
slope failure or additional erosion;
(2)
The proposed activity will preserve and protect existing
watercourses, floodplains and wetlands;
(3)
The proposed activity will not adversely affect existing
or proposed water supplies or sewage disposal systems; and
(4)
The proposed activity will stabilize all earth cut
and fill slopes by vegetative or structural means. Maximum exposed
soil slopes shall be 33% unless otherwise approved by the Town Engineer.
I.
Surety. In order to insure the full and faithful completion
of all construction activities related to compliance with all conditions
set forth by the Town in its issuance of a grading, erosion and sediment
control permit, the owner/applicant shall provide, prior to construction,
a cash escrow account certification or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Town as the beneficiary.
The security shall be in an amount to be determined by the Town Engineer
based on submission of final design plans and shall be in a form acceptable
to the Town Attorney. In addition, the owner/applicant shall name
the Town of Bethlehem as an additional insured on all workmen's compensation
and general liability insurance policies required to perform the work.
The Town Engineer may waive the requirement of a surety where it finds
that the amount of the surety is disproportionate to the estimated
cost of the proposed activity or the work is determined to be low
risk and is to be performed by the owner of the land.
J.
Enforcement. Any activity that requires a grading, erosion and sediment control permit as provided herein, and is commenced without one, or is conducted contrary to the approved grading, erosion and sediment control permit, shall be deemed a public nuisance and may be restrained by an order to stop work, and/or injunction, and/or direct action by the Town to abate the condition, and/or any other manner provided by law as included in § 128-83. The Building Inspector and/or Town Engineer may issue a stop-work order for the entire construction and site work/disturbance project, or any specified portion thereof, if it is determined that any of the following conditions exist:
[Amended 11-14-2007 by L.L. No. 7-2007]
(1)
The construction or the site work/disturbance is being
undertaken without a grading, erosion and sediment control permit
as provided in this chapter;
(2)
The approved grading, erosion and sediment control
permit has not been fully implemented;
(3)
The approved grading, erosion and sediment control
permit is not being maintained; or
(4)
Any of the conditions of the permit are not being
met.
K.
For purposes of this section, a stop-work order is
validly posted by posting a copy of the order on the site of the construction
or site work/disturbance activity in reasonable proximity to said
construction or site work/disturbance and in a location where the
posted order is visible. Additionally, a copy of the order, in the
case of work for which a permit has been issued, shall be mailed by
first-class mail, certified return receipt, and one copy of the order
shall be mailed by regular first-class mail to the address listed
by the applicant and to the owner as the case may be. In the case
of work for which no permit has been issued, a copy of the order shall
be mailed by first-class mail, certified return receipt, and one copy
of the order shall be mailed by regular first-class mail, to the person
listed as owner of the property according to the latest roll maintained
by the Town Assessor's office.
(1)
In the case of a stop-work order for an activity for
which a permit has been issued, if the applicant does not cease the
activity and comply with the permit within one day of the date of
the order, the permit may be revoked. In addition to revocation of
the grading, erosion and sediment control permit, the authorized Town
official(s) may revoke all or any portion of any other permits issued
in accordance with the Town Code, including building permits. Upon
a showing of compliance with the terms of the stop-work order and
the grading, erosion and sediment control permit, the Town official(s)
may reinstate the grading, erosion and sediment control permit and
any other permit that may have been revoked.
(2)
In the case of a stop-work order for an activity for
which a permit has not been issued, if the owner does not immediately
cease the activity and comply with the provisions of this chapter
within one day of the date of the order, the authorized Town official(s)
may request that the Town Attorney seek injunctive relief. In addition,
the authorized Town official may revoke all or any portion of any
other permits issued in accordance with the Town Code, including building
permits, affecting the property. Upon a showing of compliance with
the terms of this chapter and issuance of a grading, erosion and sediment
control permit, the Town official may reinstate any other permit(s)
that may have been revoked.
L.
Ten days after posting and mailing of the stop-work
order, the authorized Town official may issue a notice of intent to
the applicant and the owner of the Town's intent to perform the work
necessary to bring the project into compliance with this chapter.
Within 14 days of the date of the notice of intent the Town may enter
upon the property and commence work to abate the noncompliance and
to bring the property into compliance with this chapter.
M.
In the case of a stop-work order for an activity for
which a permit has been issued, the Town shall use the surety posted
by the applicant to implement the approved provisions of the permit
and such other measures as may be required to prevent or minimize
soil erosion and sedimentation conditions posing imminent and substantial
danger to public health, safety, welfare or natural resources. The
applicant, the owner and the contractor shall be jointly and severally
liable for any additional costs incurred by the Town to undertake
such work over the amount of the posted surety. All such unpaid additional
amounts shall be a lien on the property and shall be assessed against
the property as a special assessment as provided in the Town Law.
N.
In the case of a stop-work order for an activity for
which a permit has not been issued, the Town may implement such measures
as may be required to prevent or minimize soil erosion and sedimentation
conditions posing imminent and substantial danger to public health,
safety, welfare or natural resources. The applicant, the owner and
the contractor shall be jointly and severally liable for all costs
incurred by the Town to undertake such work. All such unpaid amounts
shall be a lien on the property and shall be assessed against the
property as a special assessment as provided in the Town Law.
O.
A stop-work order issued pursuant to this section
constitutes a determination from which an administrative appeal may
be taken to the Town.
P.
All construction, land disturbance, and land clearing
activities, whether undertaken pursuant to an erosion control permit
or otherwise, shall be undertaken in a manner designed to minimize
surface runoff, erosion and sedimentation. The construction and site
work/disturbance authorized by a permit issued under this section
shall be considered to be in conformance with these provisions if
soils are prevented from being deposited onto adjacent properties,
rights-of-way, public or private storm drainage systems, roads, streets
or sidewalks, and wetlands or watercourses.
Q.
Notwithstanding any other provisions of this chapter
or conditions of the permit, the applicant is responsible for the
prevention of damage to adjacent and nearby public and private property,
wetlands, watercourses, rights-of-way, public streets, and public
highways from erosion, sedimentation, settling, cracking and other
damage or personal injury that may result from the construction and
site work/disturbance undertaken by the applicant. The applicant shall
be responsible for the prompt removal and correction of damages resulting
from any soil, debris or other materials washed, spilled, tracked,
dumped, placed or otherwise deposited onto adjacent and nearby public
and private property, wetlands, watercourses, rights-of-way, public
streets, and public highways, whether incident to the construction
or the site work/disturbance undertaken by the applicant or resulting
from the movement of vehicles and persons to and from the site.
R.
The applicant, the landowner, and the contractor are
all responsible for the successful implementation of the erosion control
plan and the maintenance of all erosion control measures as depicted
on the plan for the duration of the construction and site work/disturbance
proposed by the applicant. The applicant, the landowner, and the contractor
shall be jointly and severally liable for all costs incurred, including
environmental restoration costs, resulting from noncompliance with
the approved plan. The application for a permit shall constitute express
permission by the applicant and the owner for the Building Inspector
or other authorized Town officials to enter the property for the purposes
of inspection for compliance with the erosion control plan permit.
The application form shall contain a prominent provision advising
of this requirement, and by signing the application the applicant,
the landowner, and the contractor expressly waive any objection to
authorized Town official(s) entering the property for the purpose
of conducting an inspection.
S.
At all times during the construction and site work/disturbance
the erosion control plan shall be maintained in compliance with the
permit, and the applicant, the owner, and the contractor shall be
fully responsible for said maintenance. The Town Engineer may require
that a new application for a grading, erosion and sediment control
permit be filed if it finds that the prior approved plan was not properly
implemented, or that the construction plans have been revised or altered,
or that the site work/disturbance plans have been revised or altered.
Changes to a plan for which a permit has been issued shall receive
the prior review and approval of the Town Engineer before such changes
may be implemented.
T.
All grading, erosion and sediment control permits
issued shall expire on the earlier of the completion of the work specified
or one year from the date the permit is issued, unless otherwise renewed
by the Town Engineer.
U.
Where the activity subject to this chapter also requires a building permit, the Building Inspector shall not issue a building permit until the building permit application has been reviewed and approved by the Town Engineer for conformance with this section and Chapter 98 of the Code of the Town of Bethlehem.
[Amended 11-14-2007 by L.L. No. 7-2007]
V.
Limitations on liability of Town. No action for damages may be maintained
against the Town by reason of its failure to comply with any of the
provisions of this section.
[Added 12-14-2016 by L.L.
No. 5-2016]
A.
Applicability. These provisions shall apply to any
use that conforms to "home occupation" as defined in this chapter,
provided that such use conforms to the standards set forth in this
section.
B.
Registration and site plan approval required. Except as provided in Subsection E below, relating to de minimis use, the owner of a home occupation shall register the business with the Department of Economic Development and Planning. Said registration shall identify the owner of the property on which the home occupation is conducted; shall identify the operator of the home occupation if different from the owner of premises; shall certify that the home occupation is a permitted home occupation; and shall certify compliance with the requirements for operation of a home occupation as set forth in this section. Except as provided in Subsection E below, establishment of a home occupation shall require site plan approval in all districts in which it is permitted, except the Rural (R) and Rural Light Industrial (RLI) Districts where it is permitted by right.
[Amended 12-14-2016 by L.L. No. 5-2016]
C.
Home occupation operations. All home occupations shall
meet each of the following conditions:
(1)
The home occupation shall be incidental to and secondary
to the use of the dwelling for residential purposes. It shall be conducted
in a manner which does not give the outward appearance of a nonresidential
use or business being conducted on the premises, does not infringe
on the right of neighboring landowners to the quiet enjoyment of their
land, and does not alter the character of the district in which the
lot is located.
(2)
Except for de minimis uses as provided in Subsection E below, the portion of the dwelling unit that is used for the home occupation shall have or obtain a currently valid certificate of compliance.
[Amended 10-8-2008 by L.L. No. 3-2008]
(3)
The home occupation shall be conducted only by a full-time
resident of the premises.
(4)
The home occupation shall be conducted wholly within
an area not to exceed the equivalent of 30% of the total floor area
of the dwelling unit or 600 square feet, whichever is less. In no
case shall the home occupation cause the scale of use on the lot to
exceed the maximum permitted. More than one home occupation may be
conducted on a lot, provided that the total floor area of the dwelling
devoted to all of the home occupations does not exceed the maximum
floor area as provided herein.
(5)
The home occupation shall employ no more than two
persons who are not resident in the dwelling unit.
(6)
Signage for the home occupation shall conform to the
requirements for signs as set forth in this chapter.
(7)
Delivery and pickup of material or commodities to
and from the premises by a commercial vehicle shall not exceed three
trips per week, and the parking of delivery vehicles shall not impede
or restrict the movement of traffic on adjacent streets.
(8)
The building construction classification and fire
separations for the structure shall comply with the applicable fire
and building safety requirements of the Town for mixed use of residential
and the applicable nonresidential use classification of such home
occupation and shall be certified by the Building Inspector.
(9)
There shall be no exterior display, exterior storage
of materials or other exterior evidence of any home occupation except
for signs and off-street parking.
(10)
The home occupation shall not produce any odor,
noise, vibration, smoke, dust, heat, or glare discernible at the property
line.
(11)
The home occupation shall not use, store, produce
or dispose of any toxic or hazardous material.
(12)
The home occupation may sell or offer for sale
any articles or products that are wholly produced, grown, created
or assembled on the lot and may provide repair services in connection
with the trade of a dressmaker, milliner, seamstress, or tailor, furniture
repair, reupholstering, or the trade of a locksmith or minor household
appliance repair. Repair services may include the sale of replacement
or repair products, products substantially produced on site, or accessories
that are reasonably related to the principal product.
(13)
The intensity of a home occupation use shall
be restricted to no more than 20 vehicle trips per week, or five per
day, generated by customers, clients or sales representatives.
D.
Prohibited home occupations. The use of a residence
for the following home occupations is prohibited:
(1)
Ambulance or taxi service.
(2)
Beauty salons and barbershops, except in the Rural
District.
(3)
Dance studio, aerobic exercise studio, and gymnasium
or health club.
(4)
Kennel.
(5)
Laundry service or dry-cleaning service.
(6)
Mortician, funeral home or hearse service.
(7)
Motor vehicle repair, sales or rental.
(8)
Parking garage or the rental of off-street parking
spaces.
(9)
Restaurant, cafe or tavern.
(10)
Towing service.
(11)
Tractor-trailer operations, including parking,
storage or repair.
E.
De minimis use. Registration and site plan approval
are not required for a home occupation use which meets each of the
following standards:
[Amended 10-8-2008 by L.L. No. 3-2008]
(1)
No physical change to the exterior of a principal
or accessory structure is required to accommodate the home occupation;
and
(2)
The use is conducted on the site solely by persons
utilizing the home as their primary residence; and
(3)
The home occupation has no nonresident employees;
and
(4)
There is no sign or other exterior advertisement of
the existence of the home occupation use; and
(5)
There is no exterior storage of materials, equipment,
vehicles or other supplies used in conjunction with the home occupation;
and
A.
Statement of policy. Pursuant to § 261-b of Town Law, the Town of Bethlehem hereby establishes a policy of encouraging the preservation of open space and the provision of facilities and amenities that would benefit the Town, providing incentive(s) to applicants seeking approval of a major subdivision plat to develop residential lots in accordance with the conservation subdivision standards of this chapter and Chapter 103, Subdivision Regulations, and applicants seeking approval of multifamily development projects.
B.
Purpose. The purpose of the Town's system of incentive
zoning is to advance the goals and policies expressed in the Town
Comprehensive Plan and this chapter. Pursuant to a findings statement
adopted after the review and acceptance of a final generic environmental
impact statement that analyzed the potential environmental effects
associated with adoption of this chapter, the Town Board hereby finds
that the system of incentive zoning set forth in this section is consistent
with the Town Comprehensive Plan and that such incentives are compatible
with the development otherwise permitted in the residential districts
as set forth in this chapter. As set forth below the Town Board has
established standards for the proper application of incentive zoning
to a conservation subdivision layout and multifamily development projects
and the specific findings the Planning Board shall make prior to approving
an adjustment to the maximum unit density requirements of this chapter.
C.
Grant of authority. In considering an application
for approval of a conservation subdivision plat or multifamily development
project the Planning Board is hereby authorized to adjust the maximum
unit density requirements of the zoning district in which the property
is located in exchange for one or more of the specifically identified
incentives and in accordance with the standards and conditions set
forth below.
D.
Applicability. The incentives set forth herein shall be applicable only to land parcels zoned for residential uses for which an application for approval of a conservation subdivision pursuant to § 128-46 of this chapter and Chapter 103, Subdivision Regulations, of the Town Code, and applicants seeking approval of multifamily development projects pursuant to this chapter may be approved by the Planning Board.
E.
Incentives. Notwithstanding any contrary provision of Town Law, this chapter, or Chapter 103, Subdivision Regulations, that limits or restricts the maximum unit density of a proposed conservation subdivision, an applicant for a conservation subdivision may apply for an incentive adjustment to the maximum unit density requirements of this chapter in exchange for the following benefits:
(1)
Open space for conservation subdivisions.
(a)
Tier 1 incentive. This incentive may be applied
to any conservation subdivision. The calculation of the Tier 1 incentive
is based on the maximum density for a conservation subdivision as
determined by the Planning Board.
[1]
For the permanent preservation of not less than
40% of the gross land area of a proposed conservation subdivision,
a fifteen-percent increase to the maximum unit density for the zoning
district may be approved; or
[2]
For the permanent preservation of not less than
50% of the gross land area of a proposed conservation subdivision,
a twenty-percent increase to the maximum unit density for the zoning
district may be approved.
(b)
Tier 2 incentive. The calculation of the Tier 2 incentive is based on the maximum density for a conservation subdivision prior to the addition of any Tier 1 incentive and shall be in addition to the Tier 1 incentive adjustment. In no event shall the total of the Tier 1 and Tier 2 adjustments exceed 50% of the base maximum density for the conservation subdivision as determined by the Planning Board. For the dedication of not less than 10 contiguous acres of land for public use for trails, active or passive recreation, or waterfront access, a fifteen-percent increase to the maximum unit density for the zoning district may be approved. Such dedication may be by permanent easement or conveyance of land in fee to the Town. Such dedication shall be in addition to, and not in lieu of, any dedication of parkland or payment in lieu of parkland as provided in § 128-57 of this chapter and § 103-29 of Chapter 103, Subdivision Regulations, of the Town Code.
(2)
Affordable housing for multifamily development.
(a)
This incentive may be applied to any multifamily
dwelling development project pursuant to this chapter. The calculation
of the incentive is based on the maximum density for the project as
determined by the Planning Board.
[1]
If more than 25% of dwelling units qualify as
affordable, ten-percent increase in the total number of units.
[2]
If more than 33% of dwelling units qualify as
affordable, fifteen-percent increase in the total number of units.
[3]
If more than 50% of dwelling units qualify as
affordable, twenty-percent increase in the total number of units.
(b)
For the purposes of this Subsection E(2), "affordable housing" shall mean residential units available for a sales price or rental fee within the means of a household income which is 80% of the median income of the Town of Bethlehem as defined by the United States Department of Housing and Urban Development.
F.
Findings. Before approving an adjustment to the maximum
unit density requirements of this chapter in exchange for one or more
of the identified benefits, the Planning Board shall make the following
specific findings:
(1)
The proposed adjustments would not have a significant
adverse impact on the property, or to adjoining property, or to the
neighborhood in which the property is situate.
(2)
The open space protected pursuant to this section
would maximize conservation value, which may include, but is not limited
to, recreational, historic, ecological, agricultural, water resource,
scenic or other natural resource value.
(3)
The units designated as affordable housing under this
section shall remain affordable by an annual certification to the
Board identifying the occupancy of the units by qualified persons
and families, and a failure to so certify may be deemed a violation
of the site plan approval granted by the Planning Board. The Planning
Board may grant one or more waivers from this provision, not to exceed
one year each, upon written request and proof from the applicant that
despite best efforts the applicant has been unable to locate persons
or families qualified to occupy one or more of the units designated
as affordable housing.
(4)
The units designated as affordable housing under this
section shall remain affordable by an instrument approved by the Planning
Board Attorney that shall be filed in the office of the Albany County
Clerk.
(5)
Proper surety or performance guaranties between the
applicant and the Town covering future title, dedication and provisions
for the costs of land or improvements are or will be in existence
as of the date the final plat map is signed by the Chairman of the
Planning Board.
(6)
The proposed adjustments would not adversely affect
the public health, safety or welfare or those of the residents of
the project or neighboring lands.
A.
General requirements.
(1)
No artificial lighting shall shine directly upon any
neighboring residential property located in a residential district
or be so established that it shall shine directly upon any residential
property or shall shine directly on or into any room or rooms, porches
or patios of any residential property, nor shall any artificial lighting
be maintained or operated from any structure or land in such a manner
as to be a nuisance or an annoyance to neighboring residential properties
or as to interfere with the physical comfort of the occupants of residential
properties.
(2)
Vegetation screens should not be employed to serve
as the primary means for controlling glare. Rather, glare control
should be achieved primarily through the use of such means as cutoff
fixtures, shields and baffles, and appropriate application of fixture
mounting height, wattage, aiming angle and fixture placement.
(3)
Exterior lighting shall enhance the building design
and the adjoining landscape. Lighting standards and building fixtures
should be of a design and size compatible with the building and adjacent
areas, as determined by the Planning Board.
(4)
Security lighting should use the lowest possible illumination
to effectively allow surveillance.
(5)
Under-canopy lighting for such uses as gasoline service
stations shall be recessed so that the lens cover is recessed or flush
with the bottom surface (ceiling) of the canopy or shielded by the
fixture or the edge of the canopy so that light is restrained to 85°
or less from vertical.
(6)
Luminaires used for playing fields and outdoor recreational
uses shall be exempt from the height restriction, provided that all
other provisions of this section are met and the light is used only
while the field is in use.
(7)
Awnings and canopies used for building accents over
doors, windows, walkways, and the like shall not be internally illuminated
(i.e., not lit from underneath or behind).
B.
General guidelines.
(1)
Where practical, exterior lighting installations should
include timers, dimmers, sensors, or photocell controllers that turn
the lights off during daylight hours or hours when lighting is not
needed, to reduce overall energy consumption and eliminate unneeded
lighting.
(2)
Exterior lighting installations should be designed
to avoid harsh contrasts in lighting levels.
(3)
Fixtures and lighting systems used for safety and
security shall be in good working order and shall be maintained in
a manner that serves the original design intent of the system.
(4)
Vegetation and landscaping shall be maintained in
a manner that does not obstruct security lighting.
(5)
Flashing sources of illumination are prohibited.
(6)
Site lighting shall minimize light spill into the
dark night sky.
C.
To assure that site lighting does not adversely affect
neighboring properties, the Building Inspector shall have the authority
to require changes to the on-site lighting fixtures to reduce and
minimize glare and the splaying of light at the property lines and
to assure continuous compliance with this section. Such changes may
include, but are not limited to, lower wattage bulbs, the addition
of shields to deflect light, and changes to the angle of the fixtures
or shields. Failure to implement the changes as directed by the Building
Inspector shall be a violation of any permit or approval granted under
this section.
D.
Exterior lighting plan review.
(1)
Where required by the Planning Board, an application
for site plan approval shall include an exterior lighting plan depicting
the number, location, mounting height, and type of proposed lighting
fixture and level of illumination on the site. The exterior lighting
plan shall include at least the following:
(a)
Manufacturer specification sheets, cut sheets
or other manufacturer-provided information indicating the specifications
for all proposed lighting fixtures.
(b)
The proposed location, mounting height, and
aiming point of all exterior lighting fixtures.
(c)
If building elevations are proposed for illumination,
drawings shall be provided for all relevant building elevations showing
the fixtures, the portions of the elevations to be illuminated, the
luminance levels of the elevations, and the aiming point for any remote
light fixture.
(d)
Computer-generated photometric grid showing
footcandle readings every 10 feet within the property or site and
10 feet beyond the property lines. Iso-footcandle contour-line style
plans are also acceptable.
(2)
Additional information may be requested following
the initial lighting plan review.
E.
Residential district lighting. Within a residential
district, all new parking lot lighting and site lighting for developments
other than single-family or two-family homes shall be designed in
consideration of the following:
(1)
Illumination at the property line shall not exceed
0.1 footcandle.
(2)
Luminaires shall be full cutoff type unless otherwise
determined by the Planning Board.
(3)
On a nonresidential premises outdoor light fixtures
equipped with floodlights are prohibited.
(4)
Wall pack outdoor light fixtures located on a front
or side facade of a building or structure shall be full cutoff.
(5)
Noncutoff outdoor light fixtures shall be limited
to walkways, outdoor seating areas or other areas approved for such
fixtures as part of a development plan.
(6)
No light will produce glare so as to cause illumination
beyond the boundaries of the property on which it is located.
(7)
Freestanding lights shall be appropriate to the design
of the structures and shall not exceed 15 feet in height. Wall-mounted
light fixtures shall not be mounted higher than 12 feet above the
ground level immediately below the location of the light fixture.
Both freestanding and wall-mounted fixtures shall be fitted with movable
shields to allow for the redirection of light to avoid glare and the
splaying of light to off-site locations.
F.
Commercial and mixed-use district lighting. Within
a commercial and mixed-use district, all parking lot lighting and
site lighting shall be designed in consideration of the following:
(1)
Illumination at the property line shall not exceed
0.2 footcandle.
(2)
Luminaires may be full cutoff or semicutoff as determined
by the Planning Board.
(3)
Freestanding lights shall be appropriate to the design
of the structures and shall not have a mounting height greater than
24 feet in height. Wall-mounted light fixtures shall not be mounted
higher than 15 feet above the ground level immediately below the location
of the light fixture. Both freestanding and wall-mounted fixtures
shall be fitted with movable shields to allow for the redirection
of light, to avoid glare and the splaying of light to off-site locations.
(4)
Wall pack outdoor light fixtures oriented toward an
abutting residential district shall be full cutoff.
(5)
Noncutoff outdoor light fixtures shall be limited
to walkways, outdoor seating areas or other areas approved for such
fixtures as part of a development plan.
(6)
For exterior lighting installations and fixtures within
50 feet of a residential district, freestanding lighting fixtures
shall be no higher than 15 feet above grade.
(7)
All outdoor light fixtures on a single-use site, shopping
center, integrated center, business park or industrial park, including
those on freestanding light poles and those attached to buildings,
security lights, and architectural lights, shall be of consistent
or compatible style, pole height, mounting height, color, intensity,
design and materials with other outdoor light fixtures within the
lot, out lot, single-use site, integrated center, business park or
industrial park.
A.
No building permit shall be issued for the construction
or installation of any permitted or accessory use in any district
within 100 feet of the bank of the following streams or within the
one-hundred-year flood zone of said streams:
B.
An application for a building permit for lots bordering
streams shall be accompanied by a plot plan prepared and certified
by a professional engineer or registered landscape architect. The
intent of the design plan shall be to ensure that there will be no
movement, storage or stockpiling of soil, sand, gravel, organic material
or any other material that may potentially:
(1)
Cause silt and eroded material to enter the stream
during storm events or as a result of wind movement.
(2)
Affect the efficiency or the capacity of the stream.
(3)
Increase flood heights.
(4)
Cause an increase in water flow velocity.
(5)
Obstruct, catch or collect debris that would obstruct
flow under flood conditions.
A.
Except as otherwise provided in this section, any
lawfully permitted use(s) of land or structure(s) existing as of the
effective date of this chapter that does not comply with the requirements
of this chapter shall be deemed a nonconforming use and may be continued
as provided herein.
B.
Except as provided herein, no nonconforming use of
a lot or lots shall be moved to another part of a lot or outside the
lot, and no nonconforming use of a building or other structure shall
be moved or extended to any part of the building or other structure
not manifestly arranged and designed for such use at the time the
use became nonconforming, and no building or other structure containing
a nonconforming use shall be moved, unless the result of any such
move is to eliminate or reduce the nonconformity.
C.
No nonconforming use of land, buildings, or other
structures shall be changed to any use which is substantially different
in nature or purpose from the existing nonconforming use, except to
a use which is permitted in the district in which the land, building,
or other structure is located, unless the Zoning Board of Appeals
finds that the new use will have no greater injurious impact upon
the character of the neighborhood and of the community than the existing
nonconforming use.
D.
No nonconforming use of land, buildings, or other
structures that is changed to conform or to more nearly conform to
this chapter shall thereafter be changed to be less conforming.
E.
No nonconforming use of land, buildings, or other
structures which shall have been discontinued shall thereafter be
resumed. Any one of the following items shall constitute prima facie
evidence of discontinuance:
(1)
Any positive act indicating intent to discontinue.
(2)
Any conscious failure to take all necessary steps
to resume the nonconforming use with reasonable dispatch in the circumstances.
(3)
Cessation of the nonconforming use of a lot and/or
structure for 12 consecutive months, or for a total of 18 months during
any three-year period.
(4)
Substitution of or change to a conforming use.
F.
All nonconforming uses shall conform in all other
respects to the requirements of the zoning district in which they
are located.
A.
Structures. Except as otherwise provided in this section,
any lawfully permitted structure existing at the time of the effective
date of this chapter which does not comply with the requirements of
this chapter shall be deemed to be a nonconforming structure and may
be continued as provided herein.
B.
Lots. Except as otherwise provided in this section,
any lot in existence at the time of the effective date of this chapter
which does not comply with the requirements of this chapter shall
be deemed to be a nonconforming lot.
(1)
A nonconforming lot may be built upon for any purpose
permitted in the zoning district in which it is located, without a
variance, despite its failure to comply with the area, shape, or frontage
requirements of this chapter, provided that:
(2)
A nonconforming lot satisfying Subsection B(1)(a) and (b) above shall be designated an "eligible nonconforming lot." A lot shall remain an eligible nonconforming lot until the occurrence of any of the following events:
(a)
Reduction in the lot's size, or any other increase
in the degree of its nonconformity for any reason, other than the
adoption of a more stringent zoning law;
(b)
Acquisition after the effective date of this
chapter by the owner of adjoining land which, when added to the original
nonconforming lot, forms one or more lots complying with the area,
shape, and frontage requirements of this chapter. In such case no
portion of the lot(s) so formed shall thereafter qualify as an eligible
nonconforming lot under this section, unless and until again made
nonconforming by the adoption of a more stringent zoning law; or
(c)
Acquisition after the effective date of this
chapter by the owner of the lot of adjoining land which, when added
to the original nonconforming lot, reduces its nonconformity but does
not form a lot complying with the area, shape, and frontage requirements
of this chapter. In such case, a new eligible nonconforming lot shall
be formed which reflects the addition of the adjoining lot.
C.
Compliance. Nothing herein is intended or shall be
construed to affect any requirement of this chapter with respect to
matters other than the area, shape and frontage of nonconforming lots.
An eligible nonconforming lot shall be required to comply with all
other requirements of this chapter, including those set forth in the
Schedule of Uses and the Schedule of Area and Bulk Requirements, and
with all other requirements of the Town, county, and state regarding
the construction of buildings and supporting systems.
D.
Completion. Notwithstanding any provision of law to
the contrary, any building, extension, or alteration for which a permit
has been duly granted, the actual construction of which has been started
before the effective date of this chapter, or of a pertinent amendment
thereto, may be completed in accordance with plans on file with the
Building Inspector, provided that such actual construction proceeds
in an expeditious manner and the building is completed within one
year of the adoption of this chapter.
E.
Rebuilding. A prior nonconforming structure may be
rebuilt in the event of its total or partial destruction, provided
the reconstruction commences within 24 months of said destruction,
and further provided that the rebuilt structure occupies the same
or a lesser amount of footprint and does not exceed the original height
of the totally or partially destroyed structure. In the case of a
structure of 4,000 gross square feet or greater and which is used
for nonresidential purposes, such rebuilding shall require site plan
review and approval by the Planning Board. The rebuilding of a residential
or a nonresidential structure of less than 4,000 gross square feet
shall be exempt from site plan review and approval.
[Amended 10-8-2008 by L.L. No. 3-2008]
F.
Repair. A prior nonconforming structure may be repaired
or restored to a safe condition, provided that such repair does not
increase the size of such structure.
G.
Expansion. Notwithstanding any other provision of
this section, a nonconforming structure may be expanded, enlarged
or extended, provided that said expansion, enlargement or extension
complies with the area, yard and bulk requirements for the district
in which it is located and such expansion, enlargement or extension
does not increase the extent of existing nonconformity.
[Amended 2-8-2012 by L.L. No. 1-2012]
A.
Off-street parking spaces shall be required for all
structures and uses that are established constructed or rebuilt after
the effective date of this chapter, except that:
[Amended 10-8-2008 by L.L. No. 3-2008]
(1)
Parking spaces shall not be required for structures
and uses in existence on the effective date hereof that are rebuilt
or repaired as a result of damage or destruction by causes beyond
the control of the owner or lessee. This exception shall not permit
the rebuilding or repair of a building having a greater number of
stories or square feet of ground space than the building damaged or
destroyed unless provision is made for off-street parking as provided
in this chapter.
(2)
Notwithstanding the above provisions of Subsection A, structures that are existing on the effective date of this Chapter and located on a lot in a Hamlet District shall be exempt from the off-street parking requirements relating to the number of required parking spaces, as such are found in the "Schedule of Off-Street Parking" in Subsection H of this section, provided that there is no increase in the floor area of the building(s) on the lot, and further provided that there is no reduction in the number of parking spaces located on the lot, as each existed on the effective date of this chapter.
B.
Off-street parking space shall be provided for all
dwellings. No portion of the right-of-way of an existing or proposed
street or highway shall be used for parking space(s) for a residential
use. A parking space may be fully enclosed (as a garage), covered
(as a carport) or open. An open parking space shall have a minimum
length of 20 feet and minimum width of nine feet, not including the
access drive or maneuvering space.
C.
Off-street parking space shall be provided for other
uses as follows:
(1)
Each off-street parking space shall measure not less
than 20 feet in length with a minimum width of nine feet.
(2)
The number, size and dimensions of parking spaces
suitable for use by the physically handicapped shall comply with the
requirements set forth in the New York State Uniform Fire Prevention
and Building Code. Each area reserved for handicapped off-street parking
shall have a minimum length of 20 feet and a minimum width of 16 feet.
Spaces in a lot shall have a minimum clear width of eight feet and
an adjoining access aisle having a minimum clear width of eight feet.
Two accessible parking spaces are permitted to share a common access
aisle.
D.
Prohibited parking. In any commercial district, no vehicles, trailers, portable signs, or any device capable of being or designed to be towed by a vehicle shall be parked on a lawn or landscaped area in a front or side yard, unless specifically approved by the Planning Board, Town Board, or Zoning Board of Appeals. (Also see Subsection B of § 128-75, Junkyards, regarding the parking of unregistered vehicles.)
[Amended 10-8-2008 by L.L. No. 3-2008]
E.
In all residential districts, not including the Rural
District, no more than two commercial vehicles per dwelling unit may
be parked overnight on a single lot, subject to the following:
(1)
In no instance shall a commercial vehicle in excess
of 23 feet in length or 8,000 pounds in curb weight be parked overnight
on a single lot without first obtaining a special use permit.
F.
In the General Commercial, Heavy Industrial and Rural Light Industrial Districts, off-street parking shall not be permitted within 10 feet of any property line providing highway frontage to the property. Such setback area shall be considered as a minimum; however, additional setback area may be required if determined to be necessary by the Planning Board and in accordance with § 128-71 of this chapter. In addition, such setback area shall be suitably landscaped in accordance with the requirements of § 128-71 of this chapter.
G.
Except as otherwise provided, off-street parking areas
as required for any use within the General Commercial, Heavy Industrial
and Rural Light Industrial Districts shall be located no closer than
15 feet to any side or rear property line, except as may be approved
by the Planning Board for the purpose of providing adjacent properties
joint driveway access from the street, off-street access between properties
and shared parking areas. Where such setback is reduced, the Board
may require that a comparable amount of site area be added to other
setback areas on the same site.
H.
If the Planning Board finds that compliance with the
off-street parking requirements herein would have an adverse impact
upon the physical environment or visual character of the area, and
if the Board also finds that all of the parking required in the Schedule
of Off-Street Parking will not be necessary for the anticipated use
of the site, the Planning Board may reduce the amount of parking required
to be constructed, provided that sufficient usable land is set aside
to satisfy the parking requirements in the future should the need
for such additional parking arise. The Planning Board shall, as a
condition of any approval granted, retain the right to require the
owner of the property to construct such additional parking whenever
it finds that such parking is needed. If a proposed use is not listed
in the Schedule of Off-Street Parking, the Planning Board shall use
its discretion to determine the amount of parking to be required.
[Amended 10-8-2008 by L.L. No. 3-2008]
|
Schedule of Off-Street Parking
| ||
|---|---|---|
|
Uses
|
Spaces Required
| |
|
Residential Uses
| ||
|
One-, two-, three- and four-family dwelling
|
2 for each dwelling unit
| |
|
Multifamily dwelling
|
1.5 for each dwelling unit
| |
|
Multifamily dwelling, senior citizen/subsidized
|
1.1 for each dwelling unit
| |
|
Bed-and-breakfast, inn, motel, hotel
|
1 for each guest room
| |
|
Nonresidential Uses
| ||
|
Bank, financial business
|
1 for each 400 square feet of office space and
customer area
| |
|
Bowling alley
|
5 for each alley
| |
|
Church or temple
|
1 for each 5 seating spaces in main assembly
room
| |
|
Funeral home
|
5 for each 1,000 square feet of gross floor
area
| |
|
Industrial or manufacturing
|
1 for each 2 employees on maximum working shift
| |
|
Medical office
|
1 for each 200 square feet of gross floor area
| |
|
Motor vehicle repair
|
1 for each 3 repair bays
| |
|
Nightclub (including with restaurant)
|
1 for each 50 square feet of gross floor area
| |
|
Nursing or convalescent home
|
1 for each 4 beds
| |
|
Office
|
1 for each 300 square feet of gross floor area
| |
|
Restaurant, no drive-through
|
1 for each 3 seats or 1 for each 75 square feet
of gross floor area, whichever is greater
| |
|
Restaurant, with drive-through
|
1 per 60 square feet of gross floor area plus
4 stacking spaces per drive-up window
| |
|
Shopping center, retail use, service business
|
1 for each 250 square feet of gross floor area
| |
|
School
|
2 for each classroom
| |
|
Theater and other place of public assembly
|
1 for each 3 seating spaces
| |
|
Wholesale, storage, freight terminal
|
1 for each 1,000 square feet of gross floor
area
| |
I.
For any buildings having more than one use, parking
space shall be required for each use.
J.
Joint
parking.
[Amended 10-8-2008 by L.L. No. 3-2008; 3-11-2015 by L.L. No. 2-2015]
(1)
Nothing contained in this chapter shall be interpreted
to prevent, in any hamlet or commercial district, the provision of
joint parking lots for one or more uses located on separate lots or
on common lots. Parking spaces located in a joint parking lot may
be used to satisfy the off-street parking requirements of this article,
provided that said spaces are located within 600 feet walking distance
of the lot containing the land use they are intended to serve, as
measured along the public right-of-way, and further provided that
said spaces shall be subject to appropriate deed restrictions (or
other legal instrument), as approved by the Planning Board Attorney,
binding the owner of the parking spaces and his/her heirs and assigns
to provide and maintain the required number of spaces for the land
use that they are intended to serve, either throughout the existence
of such land use or until such spaces are provided elsewhere. In no
instance shall parking spaces in a joint parking lot that are devoted
to meeting the parking requirements of one land use be used to meet
the parking requirements of another land use.
(2)
Where joint use of one or more common lots is proposed for more than one land use, consistent with Subsection J(1) above, the counting of spaces in such common lots may be "shared" by different uses if the uses have substantially different operating times and evidence is provided to the Planning Board that enables it to make a determination that there are variations in the probable time of maximum use by patrons and employees among such uses.
(3)
Where a use identified in a joint parking agreement changes, the
landowner of the new use shall provide to the Planning Board evidence
that enables it to make a determination of whether there are variations
in the probable time of maximum use by patrons and employees among
such new use and existing use.
K.
Any parking facility for more than 40 cars shall provide
landscaped areas within the parking lot equal to at least 10% of the
gross parking lot area. This landscape area requirement shall be provided
by landscaped end islands and landscaped center islands within the
parking area. Landscaped end islands shall be a minimum of 15 feet
in width and landscaped center islands shall be a minimum of 18 feet
in width. The number and type of plantings within the landscaped islands
shall be determined by the Planning Board.
L.
Loading facilities. Off-street loading facilities,
appropriate for intended use, shall be provided for each nonresidential
use and shall be so arranged as not to interfere with pedestrian or
motor traffic on the public highway or any adjacent residential area.
Such off-street loading facilities shall be confined to the side or
rear yard, and screening shall be provided to minimize the view of
any off-street loading or commercial use from any point along a property
line common to any residential use or from any street. The number
and dimension of the off-street loading spaces shall be determined
by the Planning Board.
M.
Oversized
vehicles. Where the Planning Board determines in its review of a site
plan or special use permit application that the proposed use would
generate regular demand for on-site parking of trucks, buses, recreational
vehicles, or similar oversized vehicles, it may require the provision
of additional parking spaces of such size, dimension and number so
as to accommodate said vehicles.
[Added 2-8-2012 by L.L. No. 1-2012]
N.
Covered parking spaces. Carports and other open-sided roofed structures
intended to provide shelter for the parking of motor vehicles shall
be prohibited in a front yard.
[Added 2-24-2016 by L.L.
No. 1-2016]
A.
General provisions.
(1)
In reviewing residential site plans, residential subdivisions
and 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 chapter.
(2)
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 Town Law, the provisions
of this chapter are expressly intended to and do hereby supersede
any such inconsistent provisions.
B.
Reservation of land for public park, playground or
recreation purpose.
(1)
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.
(2)
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, or 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.
C.
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.
| |
D.
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:
(1)
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;
(2)
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;
(3)
Whether there are state or federal regulatory restrictions
that would limit the usefulness of the site for active recreation
development;
(4)
Whether the site, in terms of its physical characteristics,
would provide an attractive and safe area for recreational use;
(5)
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 is 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; and
(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.
E.
Referral required.
(1)
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.
(2)
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.
F.
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 Subsection D(1) through (12) above.
G.
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.
H.
Satisfaction of land reservation requirement. The
land reservation requirement of this section shall be satisfied by:
(1)
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;
(2)
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
(3)
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.
I.
Fee in lieu of public park, playground or recreational
land.
(1)
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
shall instead require that a fee in lieu of said land be paid to the
Town as a condition of project approval.
(2)
Amount of fee. The fee to be paid the Town shall be
determined by the number and type of new residential units located
within the proposed residential development, according to the following
schedule:
[Amended 10-8-2008 by L.L. No. 3-2008; 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 units2
|
$1,650
| |
|
Multifamily units3
|
$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.
| |
(3)
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 Town Law and § 128-57 of this chapter, 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.
(4)
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.
(5)
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.
J.
Credits.
(1)
Credit for previous land reservations and fee payments. Notwithstanding the provisions found elsewhere in this section, credit shall be given for previous land reservations and/or fee payments that were made pursuant to this section or Chapter 103, Subdivision Regulations, of the Town Code, at the time of a prior residential development approval.
(2)
Credit for land previously reserved. Any land reservation
required pursuant to this section 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.
(3)
Credit for fees previously paid. Any park and recreation
fee required pursuant to this section shall be reduced by an amount
equal to the park and recreation fee required for the approved dwelling
unit(s) or lot(s) at the time of previous subdivision, site plan or
planned residential development approval.
(4)
Credit for on-site facilities. In instances where
private recreation facilities are provided on site for the benefit
of residents of the development, the recreation fee required pursuant
to this section 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 Planning
Board, in the case of site plans or subdivisions, or the Town Board,
in the case of planned residential and mixed economic developments.
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.
Satellite dishes and antennas mounted on structures
shall be securely attached to the building to withstand wind loads.
The mast on which a satellite dish or antenna is mounted shall not
exceed a height of 15 feet. Satellite dishes and antennas are allowed
as accessory uses only.
A.
Purpose. The purpose of this section is to promote
and protect the public health, welfare and safety by regulating existing
and proposed on-premises advertising signs and signs of all types
within the Town of Bethlehem. This section is intended to protect
property values, create a more attractive economic and business climate,
enhance and protect the physical appearance of the community, preserve
the scenic and natural beauty and provide a more enjoyable and pleasing
community. It is further intended to reduce distractions and obstructions
that may adversely affect traffic safety, reduce hazards that may
be caused by signs overhanging or projecting over public rights-of-way,
provide more visual open space and maintain the generally high level
of the community's appearance and attractiveness. This section is
intended to promote attractive signs that clearly present the visual
message in a manner that is compatible with their surroundings and
to ensure that signs aid orientation and adequately identify uses
and activities to the public. The appearance, character and quality
of a community are affected by the location, size, construction and
graphic design of its signs. Therefore, such signs should convey their
messages clearly and simply to be compatible with their surroundings.
B.
General regulations.
(1)
No person, firm or corporation shall hereafter erect,
re-erect, construct or structurally alter a sign or sign structure
without first obtaining a permit issued by the Building Inspector.
(2)
Every application for a sign permit shall be accompanied
by plans to scale showing the area of the sign; the position of the
sign in relation to nearby buildings or structures; the location of
the building, structure or lot to which or upon which the sign is
to be attached or erected; the method of illumination, if any; and
statements indicating compliance with appropriate construction standards.
(3)
No sign shall be erected which, in the opinion of
the Building Inspector, may cause hazardous or unsafe conditions.
If such signs exist, they shall be removed upon direction of the Building
Inspector following notification to the owner.
(4)
No sign, other than an official traffic sign, shall
be erected within the right-of-way of any public street or highway
(including Town, county, state, and federal streets or highways).
The Building Inspector, Highway Superintendent or Commissioner of
Public Works, or their duly designated representatives may remove
any sign erected in a public street or highway right-of-way if the
Building Inspector, Highway Superintendent or Commissioner of Public
Works, or their duly designated representatives believe, erection
of the sign may cause hazardous or unsafe conditions to motorists,
bicyclists or pedestrians or if the sign violates any provision of
this chapter. No signs shall be placed on any other Town property,
except for informational signs placed by the Town and such other signs
that may be authorized by the Town relating to meetings or events
occurring on Town property.
[Amended 6-13-2012 by L.L. No. 3-2012]
C.
General standards.
(1)
Unless otherwise provided for in this section, no
sign shall have more than two sides. The maximum allowable square
footage of a two-sided sign shall be the sum of both sides, unless
otherwise specified.
(2)
All illuminated signs shall bear the Underwriters'
Laboratories, Inc., seal in conformance with U.L. 48 or be inspected
and certified by a Town-authorized electrical inspection company.
(3)
All freestanding signs shall be designed and constructed
to withstand a wind pressure of not less than 30 pounds per square
foot of surface area.
(4)
All signs, including wall signs and projecting signs,
shall be securely anchored and shall not swing or move in any manner.
(5)
All signs shall be constructed of durable materials
and shall be maintained in a good condition.
(6)
Except for the Hamlet (H), Commercial Hamlet (CH)
and Rural Hamlet (RH) Districts, no sign shall project beyond property
lines or over public sidewalk areas.
(7)
Projecting signs shall have no more than two faces.
The exterior edge of a projecting sign shall extend not more than
five feet from the building face or 1/3 the width of the sidewalk
over which it is suspended, whichever is less. No part of a projecting
sign shall extend into a vehicular traffic area. A projecting sign
suspended over a pedestrian traffic area shall have a clearance of
not less than seven feet six inches. No sign shall project from an
awning.
(8)
On multistory buildings, projecting signs shall be
attached to the building above first-story windows and below second-story
windowsills. On one-story buildings, projecting signs shall be attached
above first-story windows and below the roofline. The size and location
of a projecting sign shall complement neighboring signs.
(9)
No wall sign shall be higher than the building to
which it is attached.
(10)
Illumination of any sign shall not produce a
direct glare beyond the limits of the property. Ground-mounted spotlights
used to illuminate a sign shall be shielded.
(11)
All wiring to a freestanding sign shall be underground
and/or concealed within the sign structure.
D.
Signs in the H, CH and RH Districts.
(1)
On all nonresidential and mixed-use premises, wall
signs with a maximum total area of one square foot per linear foot
of building facade are permitted. The maximum length of a wall sign
shall be 2/3 of the width of the face of the building on which the
sign is located. In addition, in H Districts, one freestanding sign
is permitted which shall not exceed 20 square feet in area per side
or 10 feet in height. In CH and RH Districts, one freestanding sign
is permitted which shall not exceed 32 square feet in area per side
or 10 feet in height. Freestanding signs shall be set back not less
than 10 feet from the highway right-of-way or 35 feet from the highway
center line, whichever is greater.
(2)
On home occupation premises, one freestanding or wall
sign is permitted, the total area of which shall not exceed four square
feet. Freestanding signs shall be set back not less than 10 feet from
the highway right-of-way or 35 feet from the highway center line,
whichever is greater. The height of the freestanding sign shall not
exceed six feet above the finished grade.
(3)
On multifamily premises, one freestanding and one
wall sign are permitted. Wall signs shall have a maximum area of 20
square feet. Freestanding signs shall have maximum area of 15 square
feet per side and a maximum height of six feet. Freestanding signs
shall be set back a minimum of 10 feet from any highway right-of-way
or 35 feet from any highway center line, whichever is greater.
(4)
One sandwich/sidewalk sign of eight square feet or
less per side is permitted, provided that such signage is not placed
so as to impede, restrict or otherwise interfere with pedestrian or
vehicular traffic. Such signs shall not be permanently affixed to
any structure, shall be displayed only during hours of operation and
shall be located between the building facade of the sign owner, or
of the tenant, and the street. All other portable signs are prohibited.
[Amended 6-13-2012 by L.L. No. 3-2012]
(5)
For agricultural land uses that are located in both
the Town of Bethlehem and a certified agricultural district, a total
of no more than four temporary signs may be located off the premises,
provided said signs are of the sandwich board, chalkboard, reader
board or similar type, are not permanently affixed to a stationary
object, measure no more than eight square feet per side, do not obstruct
sight distance for motorists or otherwise diminish traffic safety,
are located on private property and outside of the highway right-of-way,
are located on premises that are nonresidential in use, are nonilluminated,
and advertise an agricultural business open to, or an agricultural
service or product offered for sale to, the general public. "Temporary"
shall mean a sign that is displayed only during the season of operation
that the land use is open to the general public. For agricultural
land uses not located in a certified agricultural district, not more
than one sandwich board, chalkboard, reader board or similar type
sign measuring not more than eight square feet per side may be placed
in an off-site location.
[Amended 2-8-2012 by L.L. No. 1-2012]
(6)
Signs in these districts may be lit by external means
only.
E.
Signs in the RLL, RA, RB, RC, CR and MR Districts.
(1)
On all nonresidential premises, one wall sign and
one freestanding sign are permitted. Wall signs shall have a maximum
area of 10 square feet. Freestanding signs shall have a maximum area
of 10 square feet per side and a maximum height of six feet in height
above the finished grade. Freestanding signs shall be set back a minimum
of 10 feet from any highway right-of-way or 35 feet from any highway
center line, whichever is greater.
[Amended 2-8-2012 by L.L. No. 1-2012]
(a)
Notwithstanding the sign area provisions of this subsection, agricultural
uses located in an agricultural district shall be permitted one wall
sign having a maximum total area of one square foot per linear foot
of building facade and one freestanding sign not exceeding 32 square
feet in area per side. Internal illumination of said signs shall not
be permitted.
(2)
On home occupation premises, one freestanding or wall
sign is permitted. Such sign shall not exceed four square feet in
area and shall be set back not less than 10 feet from the highway
right-of-way or 35 feet from the highway center line, whichever is
greater. No freestanding sign shall exceed six feet in height above
the finished grade.
(3)
For agricultural land uses that are located in both
the Town of Bethlehem and a certified agricultural district, a total
of no more than four temporary signs may be located off the premises,
provided said signs are of the sandwich board, chalkboard, reader
board or similar type, are not permanently affixed to a stationary
object, measure no more than eight square feet per side, do not obstruct
sight distance for motorists or otherwise diminish traffic safety,
are located on private property and outside of the highway right-of-way,
are located on premises that are nonresidential in use, are nonilluminated,
and advertise an agricultural business open to, or an agricultural
service or product offered for sale to, the general public. "Temporary"
shall mean a sign that is displayed only during the season of operation
that the land use is open to the general public. For agricultural
land uses not located in a certified agricultural district, not more
than one sandwich board, chalkboard, reader board or similar type
sign measuring not more than eight square feet per side may be placed
in an off-site location.
[Amended 2-8-2012 by L.L. No. 1-2012]
(4)
On multifamily premises, one freestanding and one
wall sign are permitted. Wall signs shall have a maximum area of 20
square feet. Freestanding signs shall have maximum area of 15 square
feet per side and a maximum height of six feet. Freestanding signs
shall be set back a minimum of 10 feet from any highway right-of-way
or 35 feet from any highway center line, whichever is greater.
(5)
Projecting signs are prohibited. Portable signs are
prohibited except as allowed for agricultural premises.
(6)
Signs in these districts may be lit by external means
only.
F.
Signs in the RR District.
(1)
On all nonresidential premises, one wall sign and
one freestanding sign are permitted. Wall signs shall have a maximum
area of 40 square feet. Freestanding signs shall have a maximum area
of 32 square feet per side and a maximum height of eight feet above
the finished grade. Freestanding signs shall be set back a minimum
of 10 feet from any highway right-of-way or 35 feet from any highway
center line, whichever is greater.
(2)
On home occupation premises, one freestanding or wall
sign is permitted. Such sign shall not exceed four square feet in
area and shall be set back not less than 10 feet from the highway
right-of-way or 35 feet from the highway center line, whichever is
greater. No freestanding sign shall exceed six feet in height above
the finished grade.
(3)
For agricultural land uses that are located in both
the Town of Bethlehem and a certified agricultural district, a total
of no more than four temporary signs may be located off the premises,
provided said signs are of the sandwich board, chalkboard, reader
board or similar type, are not permanently affixed to a stationary
object, measure no more than eight square feet per side, do not obstruct
sight distance for motorists or otherwise diminish traffic safety,
are located on private property and outside of the highway right-of-way,
are located on premises that are nonresidential in use, are nonilluminated,
and advertise an agricultural business open to, or an agricultural
service or product offered for sale to, the general public. "Temporary"
shall mean a sign that is displayed only during the season of operation
that the land use is open to the general public. For agricultural
land uses not located in a certified agricultural district, not more
than one sandwich board, chalkboard, reader board or similar type
sign measuring not more than eight square feet per side may be placed
in an off-site location.
[Amended 2-8-2012 by L.L. No. 1-2012]
(4)
On multifamily premises, one freestanding and one
wall sign are permitted. Wall signs shall have a maximum area of 20
square feet. Freestanding signs shall have maximum area of 20 square
feet per side and a maximum height of eight feet. Freestanding signs
shall be set back a minimum of 10 feet from any highway right-of-way
or 35 feet from any highway center line, whichever is greater.
(5)
Projecting signs are prohibited. Portable signs are
prohibited except as allowed for agricultural premises.
(6)
Signs in these districts may be lit by external means
only.
G.
Signs in the R and C Districts.
(1)
On all nonresidential premises, wall signs are permitted
with a maximum total area of one square foot per linear foot of building
facade. The maximum length of a wall sign shall be 2/3 of the width
of the face of the building on which the sign is located. In addition,
one freestanding sign is permitted that shall not exceed 40 square
feet in area per side nor 15 feet in height. All freestanding signs
shall be set back not less than 10 feet from the highway right-of-way
or 35 feet from the highway center line, whichever is greater.
(2)
On home occupation premises, one freestanding or wall
sign is permitted. Such sign shall not exceed four square feet in
area. Freestanding signs shall be set back not less than 10 feet from
the highway right-of-way or 35 feet from the highway center line,
whichever is greater. The height of a freestanding sign shall not
exceed six feet above the finished grade.
(3)
For agricultural land uses that are located in both
the Town of Bethlehem and a certified agricultural district, a total
of no more than four temporary signs may be located off the premises,
provided said signs are of the sandwich board, chalkboard, reader
board or similar type, are not permanently affixed to a stationary
object, measure no more than eight square feet per side, do not obstruct
sight distance for motorists or otherwise diminish traffic safety,
are located on private property and outside of the highway right-of-way,
are located on premises that are nonresidential in use, are nonilluminated,
and advertise an agricultural business open to, or an agricultural
service or product offered for sale to, the general public. "Temporary"
shall mean a sign that is displayed only during the season of operation
that the land use is open to the general public. For agricultural
land uses not located in a certified agricultural district, not more
than one sandwich board, chalkboard, reader board or similar type
sign measuring not more than eight square feet per side may be placed
in an off-site location.
[Amended 2-8-2012 by L.L. No. 1-2012]
(4)
On multifamily premises, one freestanding and one
wall sign are permitted. Wall signs shall have a maximum area of 32
square feet. Freestanding signs shall have maximum area of 32 square
feet per side and a maximum height of 10 feet. Freestanding signs
shall be set back a minimum of 10 feet from any highway right-of-way
or 35 feet from any highway center line, whichever is greater.
(5)
One sandwich/sidewalk sign of eight square feet or
less per side is permitted, provided that such signage is not placed
so as to impede, restrict or otherwise interfere with pedestrian or
vehicular traffic. Such signs shall not be permanently affixed to
any structure, shall be displayed only during hours of operation,
and shall be located between the building facade and the street.
H.
Signs in the MED and PDD Districts. As approved by
the Planning Board.
I.
Signs in the I and RLI Districts.
(1)
On all nonresidential premises, wall signs are permitted
with a maximum total area of one square foot per linear foot of building
facade. The maximum length of a wall sign shall be 2/3 of the width
of the face of the building on which the sign is located. In addition,
one freestanding sign is permitted that shall not exceed 40 square
feet in area per side nor 20 feet in height and shall be set back
not less than 10 feet from the highway right-of-way or 35 feet from
the highway center line, whichever is greater.
(2)
On home occupation premises, one freestanding or wall
sign is permitted. Such sign shall not exceed four square feet in
area and shall be set back not less than 10 feet from the highway
right-of-way or 35 feet from the highway center line, whichever is
greater. The height of the freestanding sign shall not exceed six
feet above the finished grade.
(3)
For agricultural land uses that are located in both
the Town of Bethlehem and a certified agricultural district, a total
of no more than four temporary signs may be located off the premises,
provided said signs are of the sandwich board, chalkboard, reader
board or similar type, are not permanently affixed to a stationary
object, measure no more than eight square feet per side, do not obstruct
sight distance for motorists or otherwise diminish traffic safety,
are located on private property and outside of the highway right-of-way,
are located on premises that are nonresidential in use, are nonilluminated,
and advertise an agricultural business open to, or an agricultural
service or product offered for sale to, the general public. "Temporary"
shall mean a sign that is displayed only during the season of operation
that the land use is open to the general public. For agricultural
land uses not located in a certified agricultural district, not more
than one sandwich board, chalkboard, reader board or similar type
sign measuring not more than eight square feet per side may be placed
in an off-site location.
[Amended 2-8-2012 by L.L. No. 1-2012]
(4)
On multifamily premises, one freestanding and one
wall sign are permitted. Wall signs shall have a maximum area of 32
square feet. Freestanding signs shall have maximum area of 32 square
feet per side and a maximum height of 10 feet. Freestanding signs
shall be set back a minimum of 10 feet from any highway right-of-way
or 35 feet from any highway center line, whichever is greater.
J.
Signs in shopping centers and shopping malls.
(1)
Freestanding signs.
[Amended 12-14-2016 by L.L. No. 5-2016]
(a)
Notwithstanding any other provisions of this section, a shopping
center or shopping mall is permitted one freestanding sign per street
front. Freestanding sign(s) shall be set back not less than 15 feet
from any highway right-of-way or 40 feet from any highway center line,
whichever is greater, and shall not be placed within 15 feet of any
other property line. Freestanding sign(s) for shopping centers with
gross floor area of 60,000 square feet or more shall not exceed 100
square feet in area per side and shall not exceed 20 feet in height.
For shopping centers with gross floor area less than 60,000 square
feet, freestanding sign(s) shall not exceed 10 feet in height and
maximum permitted sign area for such sign(s) shall be as follows:
|
Shopping center with gross floor area
(square feet)
|
Maximum
square feet per side
| |
|---|---|---|
|
Less than or equal to 20,000
|
40
| |
|
Greater than 20,000 but less than or equal to 40,000
|
50
| |
|
Greater than 40,000 but less than 60,000
|
60
|
(b)
Freestanding signs may be internally illuminated, except that
in the H, CH and RH Districts, freestanding signs for shopping centers
with less than 60,000 square feet of gross floor area may be illuminated
by external means only.
(2)
Each tenant is permitted one wall sign. Such wall sign shall not
exceed the lesser of 10% of the area of the facade of the portion
of the shopping center leased by the tenant or 125 square feet. Such
sign shall not exceed the height of the facade. If the space such
tenant occupies has more than one facade, the tenant shall be allowed
a maximum of two wall signs to be placed on the building's facades,
with no more than one sign on any facade; the total area of each sign
shall not exceed 10% of the total area of the facade on which the
sign is placed.
[Amended 12-14-2016 by L.L. No. 5-2016]
(3)
Wall signs shall be securely affixed to the facade
of the building. For shopping centers with gross floor area of 60,000
square feet or more, such signs shall consist only of channel signs
composed of individual channel letters and associated corporate logo.
Notwithstanding provisions found elsewhere in this section, wall signs
within such shopping centers may be internally lit, provided that
light is transmitted only through the logo and the material that comprises
the letters located within the sign display area. For shopping centers
with less than 60,000 square feet of gross floor area, such signs
may consist of a variety of designs, except that box signs shall be
prohibited. In the CH and RH Districts, wall signs may be illuminated
by external means only unless such signs consist of individual channel
letters as described herein.
[Amended 2-8-2012 by L.L. No. 1-2012; 12-14-2016 by L.L. No. 5-2016]
(4)
Projecting signs are prohibited. Portable signs are
prohibited except for sidewalk/sandwich board signs with a maximum
area of eight square feet per side that are permitted between the
building and the parking.
K.
Nonconforming signs. Signs that were legally erected
before the adoption of this chapter and which do not conform to the
provision of this chapter may continue to be maintained as legal nonconforming
signs, provided that such signs shall not be enlarged, reworded (other
than in the case of theater or cinema signs or other signs that were
designed to periodically change message, including signs designed
to list multiple tenants), redesigned or altered in any way, including
repainting in a different color, except to conform to the requirements
of this chapter. Routine maintenance, including repainting of a nonconforming
sign in the same color and design, shall be allowed.
[Amended 2-8-2012 by L.L. No. 1-2012]
L.
Prohibitions.
(2)
No sign shall be illuminated by or contain flashing,
intermittent, rotating or moving lights, except to show time, date
and/or temperature.
(3)
No sign shall contain any moving parts.
(4)
No sign shall impair or cause confusion of vehicular
or pedestrian traffic in its design, color or placement.
(5)
No sign shall be mounted on the roof of any building
or structure.
(7)
Signs
which physically or visually move, rotate or create an illusion of
movement, or which have parts or surfaces that physically or visually
move, rotate or create the illusion of movement, or which emit audible
sound or noise shall be prohibited.
[Added 2-8-2012 by L.L. No. 1-2012]
(8)
Signs
which appear animated or projected, or which are intermittently or
intensely illuminated or of a traveling, tracing, scrolling, or sequential
light type, or signs which contain or are illuminated by animated
or flashing light are prohibited.
[Added 2-8-2012 by L.L. No. 1-2012]
(9)
Except
for the display of time and/or temperature, electronic-message-center-type
signs which display electronically changeable messages consisting
of illuminated text or graphics are prohibited.
[Added 2-8-2012 by L.L. No. 1-2012]
(10)
Murals shall be prohibited except as stated in the exempt sign provisions
of this section.
[Added 8-9-2017 by L.L.
No. 2-2017]
M.
Exempt signs. The following signs are exempt from
these provisions:
(1)
Decorative banners, flags, posters, placards and streamers
on residential premises.
(2)
Decorative banners on nonresidential premises not
containing any words, labels, figures or descriptions.
(3)
Permanent monument signs as part of a decorative entryway to a residential subdivision approved by the Planning Board pursuant to Chapter 103 of the Town Code, provided said signs are not internally illuminated, and further provided that design details for said signs, along with a plan for long-term maintenance, are approved by the Planning Board as part of the subdivision approval.
[Amended 12-14-2016 by L.L. No. 5-2016]
(4)
Historical markers, tablets and statues, memorial
signs and plaques; names of buildings and dates of erection when cut
into any masonry surface or when constructed of bronze, stainless
steel or similar material; and emblems installed by governmental agencies
or religious or nonprofit organizations, not exceeding six square
feet.
(5)
Flags and insignia of any government.
(6)
On-premises directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits, not exceeding four square feet per face and six
feet in height. Business names and personal names shall be allowed,
excluding advertising messages.
(7)
Number and name plates identifying residences mounted
on the house, building, apartment or mailbox, not exceeding two square
feet in area.
(8)
Lawn signs identifying residences, not exceeding one
square foot. Such signs are to be nonilluminated except by a light
that is an integral part of a lamppost if used as a support.
(9)
Private owner merchandise sale signs for garage sales
and auctions located on the premises, not exceeding four square feet,
for a period not exceeding seven days in any one month.
(10)
On-premises "No Trespassing" or "Private Property"
or similar signs.
(11)
Real estate signs.
[Amended 2-8-2012 by L.L. No. 1-2012]
(a)
Temporary, nonilluminated "For Sale," "For Rent," and "For Lease"
real estate signs and signs of a similar nature concerning the vacant
or improved real property upon which the sign is located, provided
such signs do not exceed six square feet per side in a residential
district and 32 square feet per side in a nonresidential district.
(b)
Temporary "Opening Soon," "Coming Soon," and "Grand Opening" signs,
and signs of a similar nature concerning the vacant or improved real
property upon which the sign is located, provided such signs do not
exceed 32 square feet per side, are limited to one such sign per property
and are displayed only during the period of project construction and/or
for a period not to exceed 30 days from the issuance of a certificate
of occupancy for the establishment(s) advertised by said sign. In
no instance shall said signs be displayed for a period exceeding one
year from the date an application is submitted for the initial building
permit for the project.
(12)
Temporary, nonilluminated window signs and posters
not exceeding 10% of the total window surface of a building.
(13)
At a gasoline dispensing station, integral graphics
or attached price signs on gasoline pumps and one portable sign per
station not exceeding 16 square feet.
(14)
Drive-through menu boards.
(15)
Temporary informational and directional signs
for meetings, conventions and other assemblies displayed only for
the duration of the event.
(16)
One sign, not exceeding six square feet in a
residential district or 32 square feet in a nonresidential district,
listing the architect, engineer, contractor and/or owner on premises
where construction, renovation or repair is in progress.
(17)
Temporary signs (e.g., political signs, signs
advertising civic, religious, educational, or nonprofit events, etc.)
not exceeding six square feet that are permitted by the owner on noncommercial
(e.g., residential, institutional, religious, educational, and other
nonprofit) premises, as long as they are placed no less than five
feet from the edge of the pavement of any public street or highway
(including Town, county, state, and federal streets or highways).
This exemption does not include signs advertising for-profit businesses.
[Amended 6-13-2012 by L.L. No. 3-2012]
(18)
Temporary banners (e.g., grand opening banners), provided that they
are affixed to a building, do not exceed 60 square feet in area, are
limited to one banner per establishment and are displayed only during
that period commencing on the date of issuance of a certificate of
occupancy for the establishment and terminating 30 days thereafter.
[Added 2-8-2012 by L.L. No. 1-2012; amended 6-13-2012 by L.L. No.
3-2012]
(19)
A flag flown by a business with copy limited to the word "open,"
provided that said flag is attached to the building housing the business,
the size of the flag is no greater than 15 square feet, the flag is
removed when the business is closed, and no more than one flag is
displayed per establishment.
[Added 2-8-2012 by L.L. No. 1-2012]
(20)
Murals in the Hamlet and Commercial Hamlet zoning district on nonresidential,
commercial, and institutional buildings that meet the following criteria:
[Added 8-9-2017 by L.L.
No. 2-2017]
N.
Substitution clause. Any sign authorized pursuant
to this chapter may contain a noncommercial message constituting a
form of expression in lieu of other copy.
A.
Building permit. No person or persons, association
or corporation shall erect or install, or dismantle or abandon, a
swimming pool, spa or hot tub within the Town of Bethlehem without
first obtaining a building permit.
[Amended 10-8-2008 by L.L. No. 3-2008]
B.
Fee. Building permit shall include a fee as set by
the Town Board.
C.
Accessory to dwelling. Swimming pools, spas or hot
tubs may be erected or installed only as an accessory to a dwelling
and for the private use of the owner or occupants and their family
and guests.
D.
Installation. Installation shall meet or exceed the
requirements as set forth in the Residential Code of New York State
as well as the provisions set forth in this section.
E.
Location. No swimming pool, spa or hot tub shall be
installed, constructed or maintained in a front yard, within 10 feet
of any side or rear property lines, or on any easement or right-of-way.
Pools shall be located away from overhead power lines.
F.
Water. Swimming pools, spas and hot tubs may be filled
from a private water source (i.e., private well or water service company)
or domestic water supply. Hydrant filling is prohibited. Enclosures
must be complete, including fencing if required, before water is put
into the pool, spa or hot tub.
G.
Prohibited connections. Installation of a permanent
or temporary plumbing connection between a potable public or private
water supply system and a pool, spa or hot tub is prohibited.
H.
Electric. A third party inspection shall be performed
by a Town-approved, certified electrical inspection agency for compliance
with the National Electrical Code and recorded in the Building Department.
I.
Fencing. Fencing shall comply with § 128-47. Fences shall be structurally sound, durable and must be maintained in such condition to prevent and prohibit accidental or unauthorized entrance to the pool. A permanent protective fence shall be installed so as to encompass the entire perimeter of the pool, spa or hot tub. Fences shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the fence. Fences and appurtenances shall meet or exceed the minimum requirements as set forth for barriers under the Residential Code of New York State and shall be approved by the Building Inspector before installation.
(1)
In-ground pools, spas or hot tubs. Fences shall be
a minimum of four feet in height and a maximum of six feet in height
above grade, measured on the side of the fence that faces away from
the swimming pool. Spas or hot tubs with lockable tops shall be exempt
from said requirements.
[Amended 10-8-2008 by L.L. No. 3-2008]
(2)
Aboveground pools, spas or hot tubs. The provisions
for fencing shall not apply to aboveground pools, spas or hot tubs
less than 24 inches in height. Pools greater than four feet in height
are also exempt, provided that the stairs are removable or designed
to be secured in a manner to prevent access. Where the top of the
pool is above grade, the fence is authorized to be at ground level
or mounted on top of the pool. The maximum vertical clearance between
the top of the pool and the bottom of the fence shall be four inches.
(3)
Pool structures used as a fence. Where an aboveground
pool structure is used as a fence or where the fence is mounted on
top of the pool structure and the means of access is a ladder or steps,
then the ladder or steps shall be capable of being secured locked
or removed to prevent access or the ladder or steps shall be surrounded
by a fence. When the ladder or steps are secured, locked, or removed,
any opening created shall not allow the passage of a four-inch-diameter
sphere.
(4)
Dwelling unit wall as a fence. Where a wall of a dwelling
serves as part of a fence, one of the following shall apply:
[Amended 10-8-2008 by L.L. No. 3-2008]
(a)
Doors with direct access to the pool, spa or
hot tub through a dwelling unit wall shall be equipped with an alarm
which produces an audible warning when the door and its screen are
opened. The alarm shall be capable of being heard throughout the house
during normal household activities; or
(b)
The pool shall be equipped with a powered safety
cover. Spas or hot tubs with a lockable top or safety cover which
complies with the state code shall be exempt; or
(c)
Other means of protection, such as self-closing
doors with self-latching devices, which are approved by the administrative
authority.
J.
Access gate. Access gates shall open outward away
from the pool, spa or hot tub and shall contain a self-closing, self-latching,
lockable device. Where the release mechanism of the self-latching
device is located less than 54 inches from the bottom of the gate,
the release mechanism shall be located on the pool, spa or hot tub
side of the gate at least three inches below the top of the gate.
K.
Existing pools. The Building Inspector is hereby authorized
and directed to inspect swimming pools, spas and hot tubs existing
at the time of the adoption of this chapter. If a fence is required,
the Building Inspector shall verify that said fence is in compliance
with the foregoing provisions. If a fence does not comply with the
provisions of this chapter, alterations or repairs shall be made within
30 days. If a required fence is not in place at the time of the inspection,
immediate action shall be taken to erect a temporary fencing, and
permanent fencing shall be installed within 30 days.
L.
Lighting. Lighting shall be permitted in, on, or about a pool, spa or hot tub, except that said lighting shall cast no light, glare or reflection onto abutting properties as required in § 128-52, Lighting.
M.
Area of pools. Swimming pools shall not occupy more
than 10% of the total area of the premises.
N.
Grading, erosion and sediment control. An application for a swimming pool shall also be subject to requirements of § 128-49. When regrading a lot with on-site excavated materials, the applicant shall submit a grading plan showing the existing and proposed finished grades.
O.
Subsurface drainage. All subsurface drainage from
a swimming pool, spa or hot tub shall be directed in a manner so as
to prevent sewage from being siphoned, flooded or otherwise discharged
into said swimming pool.
P.
Surface drainage. All areas immediately surrounding
the pool, spa or hot tub shall have positive drainage away from the
structure or shall be routed to a pool gutter as applicable. Drainage
shall not be directed to adjoining lots or properties or interfere
with existing and/or natural drainage patterns.
Q.
Abandonment of pool. Should the owner abandon a swimming
pool, the area occupied by the swimming pool shall be returned to
its original grade and approximately to the same condition as before
the swimming pool was constructed, and the owner shall obtain a building
permit for and notify the Building Inspector of the abandonment so
that an inspection of the site may be made and the records of the
permit marked accordingly.
[Amended 10-8-2008 by L.L. No. 3-2008]
R.
Exempt pools. This chapter shall not apply to a wading
pool or to a portable pool that contains less than 24 inches of water,
or to any pool or spa with a power safety cover that is in compliance
with the Residential Code of New York State, or to any facility to
which the regulations of the State Sanitary Code apply.
A.
It is the purpose of this section to accommodate the
communications needs of residents and businesses consistent with the
applicable federal and state regulations while protecting the health,
safety and general welfare of the residents of the Town of Bethlehem
by:
(1)
Facilitating the provision of wireless telecommunication
and other communication services to the residents and businesses of
the Town while simultaneously preserving the character, appearance
and aesthetic resources of the Town;
(2)
Minimizing the adverse visual effects of telecommunications
towers and facilities through development of locational and approval
criteria;
(3)
Protecting the scenic, historic, environmental, natural
and man-made resources of the Town;
(4)
Preserving the property value of the community;
(5)
Minimizing the undue proliferation and height of communications
towers throughout the community;
(6)
Avoiding potential harm to adjacent persons and properties
from tower failure, noise, falling objects and attractive nuisances
through setback and height limitations; and
(7)
Encouraging the shared use of existing and approved
towers in order to reduce the number of towers needed to serve the
community where reasonably possible, so as to minimize and mitigate
the adverse visual impacts of towers and their facilities.
B.
These regulations are intended to be consistent with
the Telecommunications Act of 1996 in that:
(1)
They do not prohibit, or have the effect of prohibiting,
the provision of personal wireless services;
(2)
They are not intended to be used to unreasonably discriminate
among providers of functionally equivalent services; and
(3)
They do not regulate personal wireless services on
the basis of the environmental effects of radio frequency emissions
to the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
C.
Telecommunication facilities regulated and covered
under these regulations shall include the following: personal wireless
radio telecommunication facilities (PWRT) using an automated high-capacity
system with two or more multichannel fixed base stations arranged
as part of an integrated cellular system providing radio telecommunication
from the fixed (immobile) base stations to mobile stations. Such personal
wireless radio telecommunication facilities employ low-power transmitting
and receiving and automatic handoff between base stations of communications
in progress to enable channels to be reused at short distances for
the purposes of voice, data or paging transmissions. Cellular systems
may also employ digital techniques such as voice encoding and decoding,
data compression, error correction and time or code division multiple
access in order to increase system capacities. Personal wireless radio
telecommunication facilities ("PWRT facilities") shall include cellular
services, personal communication services (PCS), specialized mobile
radio services, and paging services.
D.
ANTENNA
BASE STATION
BY-RIGHT FACILITIES
CELLULAR COMMUNICATION SYSTEM
COLLOCATION
EXEMPT FACILITIES
(1)
(2)
(3)
LATTICE TOWER
MONOPOLE TOWER
PAGING SERVICE
PERSONAL COMMUNICATION SYSTEM
SPECIALIZED MOBILE RADIO SERVICES
STEALTH TECHNIQUE
Definitions. As used in this section, the following
terms shall have the meaning indicated:
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa.
A stationary transmitter that provides radio telecommunication
services to mobile and fixed receivers, including antennas.
Those PWRT facilities as described herein which may be installed
and operated subject only to the securing of a building permit for
construction and a certificate of occupancy for operation from the
Town Building Inspector upon furnishing the information and plans
specified by the Building Inspector and this chapter.
A radio telecommunication service provided using a cellular
system.
The placement of a wireless communication antenna on an existing
telecommunication tower or other permissible structure, usually owned
by another entity and supporting antenna from multiple entities.
[Amended 2-8-2012 by L.L. No. 1-2012]
Transmitting and receiving telecommunication facilities which
are exempt from regulation under this section, and shall include:
Amateur radio and satellite facilities so long
as such facilities are operated by a licensed amateur operator;
Civil emergency facilities; and
Home satellite facilities where installed on
residential premises solely for the use of the residents of that premises
and not offered for resale to off-premises locations.
A freestanding tower supported by a series of interconnected
struts or stanchions.
A freestanding tower consisting of a single pole.
A numeric, text and voice messaging service.
Radio telecommunication services that encompass mobile and
ancillary fixed communications operating at 1.8 to 2.1 GHz that provide
services to individuals and businesses and can be integrated with
a variety of competing networks.
A radio communication system in which licensees provide land
mobile communication services in the 800 MHz and 900 MHz bands on
a commercial basis to entities eligible to be licensed under 47 CFR
90, federal government entities and individuals.
A method or methods that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support
structure that is identical to or closely compatible with the color
or appearance of the support structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
E.
By-right facilities.
(1)
In order to encourage the appropriate location and
collocation of telecommunication systems in the Town of Bethlehem,
the following PWRT facilities shall be permitted by right:
(a)
On monopole or lattice towers in existence prior
to the date of this chapter anywhere in the Town so long as no change
or alteration to the height or appearance of the existing structure
is required.
(b)
On existing structures located anywhere in the
Town so long as no part of the PWRT facility exceeds the height of
the existing structure and so long as no change or alteration of the
height or appearance of the existing structure is required.
(2)
Standards. A by-right PWRT facility shall meet the
following additional standards and requirements:
(a)
Towers shall not be artificially lighted.
(b)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment shall be of a neutral color identical to or closely compatible
with the color of the supporting structure.
(c)
Except for towers constructed and in use prior
to the effective date of this chapter, towers that are no longer in
service as part of a PWRT facility network shall be removed within
90 days of the cessation of the use of the tower.
(d)
The applicant shall post a security deposit
or bond in an amount satisfactory to the Planning Board and in a form
acceptable to the Town Attorney to assure the removal of those portions
of the PWRT facility and any base station and ancillary support structures
which were not in place prior to the effective date of this chapter.
(3)
Data. An application for approval of a by-right PWRT
facility shall contain the following:
(a)
An application for construction of a PWRT facility
shall contain all the information ordinarily required by the Building
Inspector for the issuance of the building permit.
(b)
An application for construction of a PWRT facility
shall include a report certifying that the electromagnetic emissions
from the PWRT facility will be within the threshold limits established
by the Federal Communications Commission and certifying that the proposed
facility will not cause interference with existing communication devices.
(c)
Upon installation of the PWRT facility the applicant
shall submit to the Building Inspector an as-built survey of the PWRT
facility, including a certification as to the finished height above
ground level of the structure, certified to the Town of Bethlehem
by a land surveyor or professional engineer licensed to practice in
the State of New York.
(d)
Documentation of intent from the owner of the
existing PWRT facility to allow collocation and shared use.
(e)
An engineer's report certifying that the proposed
shared use of an existing structure or tower will not diminish the
structural integrity and safety of the existing structure or tower.
(f)
A copy of its Federal Communications Commission
(FCC) license.
F.
Special use permit facilities. All PWRT facilities that do not meet the standards for by-right location shall be subject to the provisions of this section and shall require special use permit and site plan approval by the Planning Board pursuant to Article VII of this chapter.
[Amended 2-8-2012 by L.L. No. 1-2012]
(1)
Siting criteria. All applications for a special use permit to construct a PWRT facility shall demonstrate a good-faith effort to locate the facility in accordance with the order of siting preference outlined in § 128-61F(1)(a) below. No PWRT facility shall be granted a special use permit unless the applicant can demonstrates and the Planning Board finds that it is not practicable to locate the proposed facility at a site having a higher order of preference than the location proposed by the applicant.
(a)
Order of siting preference. Where practicable, PWRT facilities shall
be sited and geographically located according to the following order
of preference:
[1]
On existing monopoles, lattice towers or structures, as provided at § 128-61E(1) of this chapter.
[2]
On power and transmission towers.
(2)
In addition to any other authority conferred under
this chapter, the Planning Board is authorized to attach the following
conditions on the granting of a special permit/site plan approval
for a PWRT facility:
(a)
Increased setback, side line and rear line requirements.
(b)
Measures to ensure the construction of a safe
and adequate access road to the facility.
(c)
Utilization of stealth techniques to minimize
the visual impact of the facility.
(d)
Measures to secure the facility from intruders,
including fences and chained entryways.
(e)
Measures to ensure the proper maintenance and
continued vitality of the plantings and landscaping done to properly
screen the tower compound from adjacent properties.
(3)
The special use permit shall expire five years from
the date of approval unless an application for renewal is made, and
approved, prior to the date of expiration.
(4)
The tower and ancillary facilities shall be removed
upon expiration of the special use permit, abandonment or decommissioning
by the applicant.
(5)
Collocation is required for telecommunication facilities
unless:
(a)
There are no other usable existing structures
in the area for telecommunication facility services.
(b)
Collocation cannot achieve the minimum reasonable
technical needs of the proposed telecommunication facility.
(c)
Structural or other engineering limitations,
absent reasonable refurbishment, are demonstrated by clear and convincing
evidence to be prohibitive.
(d)
The telecommunication operator, after thorough
and good faith efforts disclosed to the Town, is unable to secure
permission from the tower or structure owner to collocate.
(6)
The clustering of towers and structures on a common
site should be considered if collocation cannot be facilitated.
(7)
Visual appearance.
(a)
Unless such a structure cannot achieve the applicant's
purposes as disclosed in its application and supporting data, the
Planning Board shall have the authority to require the applicant to
furnish an alternative proposal using stealth techniques or some other
alternative structure at the proposed site, rather than a conventional
tower, in order to better achieve the least impact on the visual environment.
(b)
The height of any new tower shall be the minimum
required to establish and maintain adequate service, but in no event
shall the height of any new tower exceed three times the maximum building
height for the zoning district in which the tower is to be located
as set forth in the Schedule of Area, Yard and Bulk Requirements of
this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Bulk Requirements is included at the end of this chapter.
(c)
All equipment shelters and accessory structures
shall be architecturally uniform and shall not exceed 12 feet in height.
(d)
All equipment shelters used shall only be used
for housing of equipment related to the particular facility on the
particular site.
(8)
Materials and colors for a proposed utility structure(s)
shall be of an appearance that is compatible with any surrounding
structures and/or vegetation to the maximum extent practicable and
as approved by the Planning Board.
(9)
All towers and monopoles shall be set back from all
property lines, structures habitable by people on the same parcel
as the tower or monopole or aboveground power lines a distance equal
to 150% of the height of the tower or the minimum setback requirement
for the zoning district in which the tower or monopole is located,
whichever is greater. Towers may be located on lots of less than the
minimum acreage for the district so long as the PWRT facility is unmanned
and can meet the setback, side yard and rear yard setback requirements
set forth herein.
(10)
Location.
(a)
No tower or monopole shall be located:
[1]
Closer than 300 feet, on a horizontal plane,
to any structure existing at the time of application which is, or
is able to be, occupied or habitable on the property of any school
(both public and private).
[2]
Closer than 300 feet, on a horizontal plane,
to an existing dwelling unit on a parcel other than the parcel on
which the subject tower or PWRT facility is located or any day-care
center, hospital, nursing home, church, synagogue, or other place
of worship.
(b)
Subject to the provisions of Subsection F(10)(a)[1] and [2] above, the Planning Board shall determine appropriate distance setbacks from any school, power line, dwelling unit or other structures, whether on or off the parcel, on which a tower or monopole shall be based. Visibility of the tower or monopole from such structures and consideration for the safety of the users or occupants of such structures in the event of the structural failure of the tower or monopole shall also be considered.
(11)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from adjacent properties. The standard buffer shall
consist of a landscaped strip at least six feet wide outside the perimeter
of the compound. The plantings shall consist of alternately spaced
evergreens having a height of not less than six feet above the height
of the ground elevation at the time of installation. The Planning
Board may waive these landscaping requirements where the Board determines
that the amount and type of existing on-site vegetation is adequate
to fully screen the facility.
(12)
Existing mature trees and natural land forms
on the site shall be preserved to the maximum extent possible.
(13)
The Planning Board shall review and approve
the plans for construction of any access road or driveway for the
facility. A road and parking plan shall be provided to assure adequate
emergency and service access. Maximum use of existing roads, public
or private, shall be made, provided that said use is consistent with
safety and aesthetic considerations. Road construction shall at all
times minimize ground disturbance and vegetation cutting. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and soil erosion potential. Except to the extent that the Planning
Board shall determine to apply its own road criteria as the same may
exist from time to time, the applicant shall adhere to the standards
for unpaved forest roads set forth in New York State Department of
Environmental Conservation Unpaved Forest Road Handbook, ECH-8409.11,
as the same may be amended or revised from time to time.
G.
Data. In addition to the information required by Article VII of this chapter, an application for approval under this section shall contain the following additional information:
(1)
A photo simulation of the proposed facility as seen
from the north, south, east and west from the facility. The photo
simulation shall be keyed to a location map. Photographs for the photo
simulation shall be taken during periods when deciduous leaf cover
is minimal (i.e., during the late autumn, winter, and early spring
months), and shall only be taken when there is no precipitation, fog,
or more than 50% cloud cover, in order to present a worst-case scenario
for visual impact assessment purposes. Prior to performing the visual
test, the applicant shall meet with the Planning Board to obtain the
Board's consent as to the date and time on which the visual test will
be conducted and photographs for the photo simulation will be taken.
The applicant shall also inform the Board as to the manner in which
the visual test will be conducted (i.e., a crane test or balloon test).
The Board may require the visual test to be performed on more than
one day when the Board determines that additional time for the visual
test is required in order to provide neighboring and nearby landowners
and residents adequate time to observe the test. Notice of the test
shall be published in the official newspaper at least five days prior
to the date set for testing. The Planning Board may provide that the
testing be further advertised in such manner as it deems most appropriate
for full public notification, including the prominent placement of
one or more signs on the premises that is the subject of the application
notifying interested persons that a visual test will be conducted.
All notices shall include the date, time and manner in which the visual
test will be conducted and shall state the reason for the test.
(2)
An application for construction of a PWRT facility
shall include a report certifying that the electromagnetic emissions
from the PWRT facility will not exceed the threshold limits established
by the Federal Communications Commission and certifying that the proposed
facility will not cause interference with existing communication services.
(3)
A certification by a licensed professional engineer
as to wind loading and the ability of the supporting structure to
accommodate the facility and any additional users.
(4)
A statement by the applicant as to all other alternative
sites, including other alternative sites not owned or operated by
the applicant, in any area considered and the reasons for their rejection.
(5)
A statement by the applicant that locating the facility
in a by-right location is not practical or feasible and the reasons
supporting that determination.
(6)
A graphic depicting the location of all of the applicant's
existing wireless communication facilities located in or otherwise
serving the Town of Bethlehem.
(7)
A graphic depicting the geographic area to be served
by the proposed facility.
(8)
A copy of the applicant's FCC operating license.
(9)
Upon installation of the PWRT facility the applicant
shall submit to the Building Inspector an as-built survey of the facility,
including a certification as to the finished height above ground level
of the structure, certified to the Town of Bethlehem by a land surveyor
or professional engineer licensed to practice in the State of New
York.
(10)
Documentation from an expert qualified in the
field of telecommunications and radio frequency engineering showing
that the tower and/or facility is needed to provide adequate coverage
to an area of the Town that currently has inadequate coverage, including
a sealed, graphical depiction of the inadequate coverage area.
H.
For applications involving tower construction or modification
to accommodate a PWRT facility:
(1)
The applicant shall provide written documentation
of any existing and planned facility sites in the Town of Bethlehem
and within a seven-mile radius of the proposed site in which it has
a legal or equitable interest, whether by ownership, leasehold or
otherwise. For each such facility site, it shall demonstrate with
written documentation that the facility site is not already providing,
or does not have the potential to provide, adequate coverage and/or
adequate capacity to the Town of Bethlehem. The documentation shall
include, for each facility site listed, the exact location (in longitude
and latitude, to degrees, minutes and seconds), ground elevation,
height of antennas on tower or structure, output frequency, number
of channels, power input and maximum power output per channel. Potential
adjustments to these existing facility sites, including changes in
antenna type, orientation, gain, or power output, shall be specified.
Radial plots from each of these facility sites, as they exist, and
with adjustments as above, shall be provided as part of the application.
(2)
The applicant shall demonstrate with written documentation
that it has examined all existing towers or structures located in
the Town of Bethlehem and within a seven-mile radius of the proposed
site in which the applicant has no legal or equitable interest to
determine whether those existing facility sites can be used to provide
adequate coverage and/or adequate capacity to the Town of Bethlehem.
The documentation shall include, for each site examined, the exact
location (in longitude and latitude, to degrees, minutes and seconds),
ground elevation, height of tower or structure, type of antennas proposed,
proposed antenna gain, height of proposed antennas on tower or structure,
proposed output frequency, proposed number of channels, proposed power
input and proposed maximum power output per channel. Radial plots
from each of these sites shall be provided as part of the application.
This report shall demonstrate good faith efforts to secure shared
use from the owner of each then existing tower or structure on which
a PWRT facility is then located as well as documentation of the physical,
technical and/or financial reasons why shared use is not practical
in each case. Written requests and responses for shared use shall
be provided.
(3)
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWRT facilities in conjunction with all sites listed in compliance with Subsection H(1) and (2) above to provide adequate coverage and/or adequate capacity to the Town of Bethlehem. Radial plots indicating such consideration shall be provided as part of the application.
(4)
The applicant shall also submit a three-year build-out
plan for the proposed and other sites within the Town and within adjacent
towns and villages, clearly demonstrating the applicant's plan for
other structures, proposed application and building dates, and justification
for additional structures. Additionally, the three-year build-out
plan must take into consideration known and potential changes in technology.
(5)
An applicant for a new tower must demonstrate the
structure's ability to handle additional collocators and must identify
the maximum number of collocators which could be supported on the
structure.
(6)
Documentation of intent from the owner and/or lessee
of the facility to allow collocation and shared use shall be provided.
I.
Annual certification. After the issuance of a special
permit, the Planning Board may condition its approval on the owner/operator
of the facility certifying annually (on January 1 of each year), by
an independent licensed engineer, that the facility is operating in
compliance with FCC emissions standards and in compliance with the
existing special permit and site plan.
J.
Retention of experts and engineers. Should the Planning
Board determine it necessary to retain the services of experts with
the requisite technical expertise to assist it in the making of the
determinations required by this chapter, or to perform any testing
called for hereunder, it may retain such assistance and charge the
cost thereof to the applicant. A deposit for the purpose of paying
these expenses may be required of the applicant at the time of application
for the special permit or building permit, as the case may be. If
a deposit is not taken at the time of application and said costs are
incurred thereafter, the applicant shall be charged for them and must
pay said charges as a condition of retaining its special use permit
or by-right use.
A.
Vehicle, trailer or vessel serving as building. Any
movable vehicle, trailer or dockside vessel that is used or occupied
for the purpose of providing shelter to persons, animals or property
shall be subject to the regulations contained in this chapter applicable
to its particular use.
(1)
Residential use. Camping trailers and recreational
vehicles shall be occupied for residential purposes in campgrounds
or trailer camps only. Dockside vessels may be occupied for residential
purposes within a marina only. It shall be unlawful for any person
to occupy a camping trailer or recreational vehicle on any lot, other
than in a campground or trailer camp, for more than 30 days in any
twelve-month period.
(2)
Commercial use. Any construction office trailer shall
be identified in the applicable building permit issued by the Building
Inspector and shall be removed from the premises prior to the issuance
of a certificate of occupancy. Such trailer may have electric and
heating capable of temporary connection to site utilities. Each construction
office trailer shall be subject to the fee set forth in the current
fee schedule adopted by the Town Board, which shall be due and payable
at the time that an application for a certificate of occupancy is
made.
(3)
Temporary storage.
(a)
Commercial trailers may be placed on any lot
for the purpose of storage, accessory to any permitted commercial
use, provided that a permit is first obtained from the Building Inspector.
(b)
Dockside vessels may be used for the purpose
of storage, accessory to any permitted commercial or industrial use,
provided that a permit is obtained from the Building Inspector.
(4)
Permanent storage. Commercial trailers may be placed
on any lot in the Rural, Heavy Industrial and Rural Light Industrial
Districts for the purpose of permanent (i.e., greater than nine months)
storage, accessory to any permitted nonresidential, nonagricultural
use, provided that a permit is first obtained from the Building Inspector.
A.
Terraces and patios. A ground-level terrace or patio
shall not be considered in the determination of lot coverage or the
minimum setbacks to the property lines, provided that such terrace
or patio is unroofed and without walls, parapets or other forms of
enclosure and does not extend above the elevation of the ground on
which it is located. Such terrace or patio may have an open guard
railing not more than three feet in height and shall not project into
any yard to a point closer than four feet to any lot line.
[Amended 10-8-2008 by L.L. No. 3-2008]
B.
Decks. A deck that is structurally supported by piers
or other structural means shall be considered in the determination
of the minimum setback to the property line but not in lot coverage
so long as it remains uncovered.
C.
Porches. Any open or enclosed porch shall be considered
a part of the building in the determination of minimum setback to
the property line or lot coverage.
D.
Bay windows. Bay windows, including their cornices
and eaves, may project into any required setback not more than three
feet; provided, however, that the sum of such projections on any wall
does not exceed 1/3 of the length of said wall.
E.
Fire escapes. Open fire escapes, exit landings and
exit stairs may extend into any required setback not more than four
feet six inches.
A.
Density. Density shall be four to eight campsites
per acre as approved by the Planning Board.
B.
Minimum lot size. The minimum lot size shall be 10
acres.
C.
Minimum campsite area. The minimum campsite area shall
be 3,000 square feet in area with a minimum average width of 30 feet.
D.
E.
Minimum spacing between campsite pads: 80 feet extremity
to extremity.
F.
Water supply. The site shall be serviced by a municipal
or private water system. A minimum rate of 200 gallons per day per
site shall be provided at a minimum pressure of 20 pounds per square
inch at peak demand. An adequate supply of potable water shall be
provided within 250 feet of all campsites. One water spigot with a
soakage pit or other disposal facilities shall be provided for each
10 campsites without individual water facilities. Other water sources
supplied to toilets and urinals shall not be physically connected
with the drinking supply or be available for public use.
G.
Sewage disposal. The site shall be provided with a
municipal or approved private sanitary sewage disposal system. Only
flush toilets shall be provided.
H.
Lavatories or other hand-washing facilities shall
be provided at a ratio of one for each 15 sites (without water and
sewage hookups) for each gender.
I.
At least one travel trailer sanitary dumping station
shall be provided for every 100 campsites or less.
J.
Sewage treatment facility. The design shall be based
on the water supply design flow, plus infiltration, and approved by
the County Health Department.
K.
Solid waste disposal. The owner of a campground shall
provide for the collection of refuse and garbage daily and shall also
conveniently locate flytight refuse containers on each campsite. Refuse
containers shall be cleaned, covered and maintained as often as may
be necessary to prevent the breeding of insects and attracting of
vermin.
L.
Vehicular access. Sight distances at the entrance
and exit must be in compliance with all appropriate Town, county and
state regulations.
M.
Campground stores. Campground stores are permitted
to be located within the campground site and may be part of the office.
N.
Ancillary facilities. Plans for ancillary facilities,
such as stores, offices, swimming pools, service buildings, etc.,
shall be submitted to the Planning Board for site plan approval along
with the overall development.
O.
Landscaping. The entire site except for areas covered
by structures or service or parking areas shall be suitably landscaped.
All landscaping shall be approved by the Planning Board and properly
maintained after planting.
P.
Screening. All campground sites shall be screened
from the view of adjacent properties and adjoining public highways
by means of an opaque screen of plant materials and/or fencing. All
screening shall be approved by the Planning Board, properly maintained
after placement and located within the required front, rear and side
yards.
Q.
Resident manager. No permanent structures shall be
permitted for use as living quarters, with the exception of those
of the resident manager or property owner. The resident manager or
a caretaker shall reside on the premises.
R.
Annual period of closing. The campground must close
annually from December 15 to March 15. Any habitable structures or
vehicles, other than those of the owner/caretaker, must be locked
and made unavailable for occupancy during that time period. Occupancy
by an individual or group of individuals in any form of permitted
temporary, movable or portable shelter shall be for a period of not
longer than 120 days in any twelve-month period.
S.
Recreational facilities. Recreational facilities,
such as swimming pools, beaches, golf courses, tennis courts, and
camp recreational facilities, shall be for campsite guests only.
T.
Fire protection. The property owner shall ensure that
adequate fire protection equipment is on the premises at all times,
as required by the New York State Fire Code.
U.
Public phone. Each campground shall have at least
one public telephone.
The following regulations shall apply to any
application requesting approval of senior citizen housing:
A.
Senior citizen housing shall be arranged as individual
dwelling units for occupancy by senior citizens and their families.
Senior citizen dwellings may be located in structures having one,
two, three, four or multiple dwelling units.
B.
Accessory uses, including buildings and facilities,
which are reasonably necessary to meet the proper maintenance, administration,
security, off-street parking, storage, fencing and utility system
needs of the development are permitted. In addition, the following
accessory uses are permitted, provided that such facilities are restricted
in their use to residents of the development and their guests:
(1)
Meeting rooms, multipurpose rooms, lounges, lobby
areas or other similar common spaces.
(2)
Game rooms, art and craft rooms, workshops, jacuzzis,
exercise rooms, libraries or other similar indoor recreation or leisure
facilities.
(3)
Outdoor sitting areas, game areas, walking trails
or other similar outdoor recreation or leisure facilities.
C.
The following accessory uses are permitted, provided
that such facilities are managed as part of the building or complex
of buildings and restricted in their use to residents of the building
or building complex and their guests, and further provided that there
are no external advertising signs for such facilities:
(1)
A common kitchen and dining room.
(2)
A beauty and/or barber shop, provided that the maximum
floor area devoted to such use is no more than 250 square feet.
(3)
A self-service laundry.
(4)
A convenience shop for daily needs such as food items,
prescription and nonprescription drugs, newspapers and small household
items and similar items, provided that the maximum floor area devoted
to such use is no more than 400 square feet.
(5)
A coin-operated vending machine room, provided that
the maximum floor area devoted to such use is no more than 250 square
feet.
(6)
Office space for a doctor, medical infirmary or clinic
and/or social service delivery.
D.
Occupancy restrictions. Occupancy of dwelling units
within a senior citizen housing project shall be for residential purposes
only. Occupancy restrictions shall be the subject of restrictive covenants
of record that are enforceable by the Town. Occupancy shall be limited
to elderly families as defined and described below. The Planning Board
shall require the project sponsor to file such covenants, deed restrictions,
or other encumbrances deemed necessary to comply with the occupancy
provisions of this section, which conditions shall be met prior to
the issuance of a building permit for such housing.
E.
Elderly family defined. Notwithstanding the definition of "family" found in § 128-22 of this chapter, for purposes of this section an elderly family shall consist of:
(1)
A single person 55 years of age or older;
(2)
Two or three persons, all of whom are 55 years of
age or older;
(3)
A married couple, the husband or wife of which is
55 years of age or older;
(4)
One child residing with a parent who is 55 years of
age or older, provided that said child is over the age of 18;
(5)
The surviving spouse of a person 55 years of age or
older, provided that the surviving spouse was duly registered as a
resident of the development at the time of the elderly person's death;
or
(6)
One adult, 18 years of age or older, residing with
a person who is 55 years of age or older, provided that said adult
is essential to the long-term care of the elderly person as certified
by a physician duly licensed in New York State.
F.
Temporary occupancy. The surviving child of a person
55 years of age or older may continue to reside in the development
for a period of six months following the death of the elderly or physically
handicapped person, provided that said child was duly registered as
a resident of the development at the time of the elderly or physically
handicapped person's death.
G.
Guests. Temporary occupancy by guests of families
who reside in a senior citizen multifamily dwelling project shall
be permitted, provided that such occupancy does not exceed 30 days
in any calendar year. The time limits as specified in this subsection
shall not apply in instances where temporary occupancy exceeding 30
days is required in the public interest. Guests staying overnight
shall be required to register their temporary occupancy with the project
manager or building superintendent.
H.
Exceptions. Notwithstanding the provisions of this
section, one unit in a senior citizen dwelling project may be occupied
by a building superintendent or project manager and his/her family.
I.
Parking ratio. Parking spaces shall be provided at the ratio indicated in the Schedule of Off-Street Parking found at § 128-56H of this chapter. If the Planning Board finds that compliance with the off-street parking requirements will not be necessary for the anticipated use of the site, the Board may reduce the amount of parking required to be constructed, provided that sufficient usable land is set aside to satisfy the parking requirements in the future should the need for such additional parking arise. The Planning Board shall, as a condition of any approval granted, retain the right to require the owner of the property to construct such additional parking whenever it finds that such parking is needed.
[Amended 10-8-2008 by L.L. No. 3-2008]
J.
Outdoor recreation. Usable outdoor recreation space
shall be provided at the ratio of 50 square feet per dwelling unit.
Such space shall consist of both active and passive recreation amenities,
such as patio areas, shaded sitting areas, and walking or jogging
trails.
A.
Driveways over 100 feet in length shall be constructed
in accordance with Town specifications.
(1)
Minimum width of driveway shall be 11 feet.
(2)
All turns in the driveway shall have turning radii,
or widened width, to accommodate emergency vehicles.
(3)
Driveway grades shall not exceed 10%.
(4)
Construction of driveway shall be in accordance with
Town Highway Specifications and accommodate emergency vehicle loadings
for the soil conditions present. Asphalt surfacing is optional; however,
the driveway must be paved from the edge of existing roadway pavement
to the limits of the public road right-of-way.
(5)
When necessary, adequately designed driveway culverts
shall be installed in all driveways to accommodate local drainage
patterns.
(6)
A placard identifying the house number of the residence
shall be installed, adjacent to the driveway, at the public road right-of-way
line. The numerals shall not be less than four inches in size.
B.
Driveways over 200 feet in length shall be constructed
in accordance with Town specifications.
(2)
A water meter pit shall be installed by the property
owner. It shall be located adjacent to and outside of the public road
right-of-way. All water meters are radio read meters and are furnished
and installed by the Town.
[Added 2-8-2012 by L.L. No. 1-2012]
A.
Route 9W Corridor defined. The Route 9W Corridor is herein defined
as all that land area located within the Town of Bethlehem and lying
within 2,500 feet of the center line of U.S. Route 9W.
B.
Applicability. The design guidelines contained in this section shall
apply to the Route 9W Corridor. In reviewing any zoning or development
application in the Route 9W Corridor, including, but not limited to,
applications for site plan approval, special permit approval, subdivision
approval, establishment of a planned development district (PDD), district
plan approval within a PDD, approval of a development master plan
within a Mixed Economic Development District and any other zoning
or development application within the jurisdiction of the Town Board
and/or Planning Board of the Town of Bethlehem, said Town Board and/or
Planning Board shall consider the guidelines contained in this section
and shall apply to the application those guidelines its deems appropriate
given the location, scope and magnitude of the development project,
environmental conditions in the vicinity of the project site, and
the individual characteristics of the application. In determining
the applicability of any guideline to a specific development project,
the Town Board and/or Planning Board, as the case may be, shall be
guided by the recommendations contained in the document titled "US
9W Corridor Transportation Planning Assessment, Advancing the Town
of Bethlehem's Comprehensive Plan and Economic Development Goals,"
prepared by Wilbur Smith Associates, dated December 2008, as amended,
and hereinafter referred to as the "Route 9W Corridor Study."
C.
AASHTO
CDTA
CDTC
ITE
NYSDOT
TRB
Terms defined. For the purposes of this section, the following terms
shall have the meanings indicated below:
American Association of State Highway and Transportation
Officials.
Capital District Transportation Authority.
Capital District Transportation Committee.
Institute of Transportation Engineers.
New York State Department of Transportation.
Transportation Research Board.
D.
Design guidelines. The following design guidelines shall be considered
by the Town Board and/or Planning Board in its review of zoning, subdivision,
site plan, special permit and/or other development applications in
the Route 9W Corridor.
(1)
Notwithstanding the setback requirements for front yard and side
yard found elsewhere in this chapter, buildings, accessory structures,
parking lots and other accessory uses should be set back a sufficient
distance from the US Route 9W right-of-way to accommodate future highway
improvements, including, but not limited to, widening of the right-of-way
for installation of a center median, additional travel lanes, turn
lanes, shoulders/bike lanes, sidewalks, and planting strips at locations
as outlined in the Route 9W Corridor Study.
(2)
Notwithstanding the setback requirements for front yard and side
yard found elsewhere in this chapter, buildings, accessory structures,
parking lots and other accessory uses should be located so as not
to preclude or have a significant adverse affect on future development
of roundabouts at the following intersections:
(a)
US Route 9W and NYS Route 32.
(b)
US Route 9W and Bethlehem Town Center driveways.
(c)
US Route 9W and Bender Lane.
(d)
US Route 9W and Town Squire driveway.
(e)
US Route 9W and Feura Bush Road/Glenmont Road.
(f)
US Route 9W and Beacon Road.
(g)
US Route 9W and Wemple Road.
(h)
US Route 9W and Jericho Road.
(i)
US Route 9W and Creble Road.
(3)
New development projects and projects that entail substantial redevelopment
of an existing land use should be designed to share driveway access
with, and provide vehicular interconnections to, adjoining properties.
(4)
Prior to approval of any development plan showing direct driveway
access to US Route 9W, the applicant and reviewing agency should explore
the potential for consolidating driveways, providing vehicular interconnections
and obtaining shared access with adjoining properties.
(5)
Driveways providing direct vehicular access to US Route 9W should
be limited to right-in / right-out only, except at signalized intersections
or where provisions are made to allow shared access from adjoining
properties to the driveway.
(6)
Driveway access to US Route 9W should be limited to a maximum of
one cub cut per property unless a traffic study demonstrates that
additional curb cuts will be beneficial in minimizing traffic congestion
along the roadway or in improving traffic safety.
(7)
Driveways should only be placed along US Route 9W at locations that
provide adequate sight distance as per standards recommended by AASHTO,
ITE, NYSDOT, and/or TRB.
(8)
To the extent practicable, driveway spacing along US Route 9W should
conform to guidelines as suggested in the "Access Management Manual"
(2003), prepared by the TRB and/or the "Suggested Minimum Driveway
Spacing Guidelines for Capital District Arterials" (1997) prepared
by CDTC.
(9)
Where opportunities exist for expansion of transit service in the
Route 9W Corridor, larger-scale development projects should be designed
and laid out to accommodate public transportation service and to facilitate
bus access and circulation through the site. This is of particular
relevance in the northern section of the Corridor, where opportunities
may exist for future routing of transit service though undeveloped
properties as outlined in the Route 9W Study.
(10)
Development projects should be designed and laid out to accommodate
and provide appropriate facilities for pedestrian and bicycle circulation
within the site, and to provide connectivity of such facilities to
adjoining properties and facilities within the US Route 9W right-of-way,
including connectivity to existing or future transit stops.
(11)
To the extent practicable, sidewalks should be provided along
US Route 9W frontage and along the frontage of select intersecting
streets at locations as outlined in the Route 9W Corridor Study. Said
intersecting streets include, but are not limited to, Feura Bush Road,
Glenmont Road, Beacon Road, Wemple Road, Jericho Road, Elm Avenue
East, and NYS Route 396.
(12)
To the extent practicable, the installation of bike lanes and
expanded shoulders should be provided along US Route 9W at locations
as outlined in the Route 9W Corridor Study.
(13)
Development projects should be designed with a minimum twenty-foot-deep
landscaping strip along the US Route 9W right-of-way. Said landscape
strip should be designed to contain street trees and other landscape
material of such size and spacing so as to enhance the visual environment
along US Route 9W and provide a unifying streetscape element to the
Corridor.
(14)
New development projects should be designed and laid out so
as not to preclude the future implementation of new roadway, bicycle
and pedestrian facilities recommendations as outlined in the Route
9W Study. These recommendations include but are not limited to the
provision of:
(a)
A second means of vehicular ingress/egress to Magee Drive;
(b)
A connecting road between the Glenmont Plaza and Town Squire
driveways;
(c)
A north-south connecting road between Wemple Road and Creble
Road;
(d)
An eastward extension of Jericho Road;
(e)
A realigned Clapper Road and New York State Thruway interchange;
(f)
An off-road shared-use path connecting Maple Avenue to Becker
Elementary School.
[Added 3-11-2015 by L.L.
No. 2-2015]
A.
Purpose. The Delaware Avenue Hamlet Overlay District is based on
the recommendations identified in the Delaware Avenue Hamlet Enhancement
Study. The Delaware Avenue Hamlet area of the Town is considered the
Town's "main street" and "downtown" area. The Hamlet is located along
a major road corridor, New York State Route 443 (Delaware Avenue),
and major intersection of Kenwood Avenue (New York State Route 140)
and Delaware Avenue and contains small-scale businesses and essential
services in close proximity to residences. The area allows and encourages
the development of mixed-use buildings: first-floor commercial use
and second-floor residential use. Transportation options consists
of pedestrian-friendly access along street fronts, on-street parking,
access to municipal parking lots, and access to public transit. A
walkable, pedestrian-friendly environment is encouraged.
B.
Applicability. All requirements of this chapter shall apply unless
otherwise modified herein by this section.
C.
Specific regulations for district.
(1)
Front yard setback for new buildings.
(a)
The minimum front yard setback from the highway right-of-way
line shall be zero feet. The maximum front yard setback shall be the
average of the prevailing setbacks of the buildings within 200 feet
of either side property line, unless the Planning Board determines
that placement of the building based on the average of the prevailing
setbacks would detract from the aesthetics of the streetscape or site
conditions restrict development of the site to meet the objectives
of the Delaware Avenue Hamlet Enhancement Study.
(2)
Off-street parking. Notwithstanding the provisions for off-street
parking requirements related to the number of required parking spaces
found elsewhere in this chapter:
(a)
Buildings that are existing on the effective date of this chapter
and located on a lot in the Delaware Avenue Hamlet Overlay District
shall be exempt from the off-street parking requirements of this chapter.
This exemption shall continue for so long as the building floor area
existing on the effective date of this chapter continues or is expanded
by 25% or less, unless the expansion also causes a reduction in the
number of parking spaces located on the lot on the effective date
of this chapter.
(b)
Building expansions greater than a 25% increase to the existing
floor area of the building located on a lot in the Delaware Avenue
Hamlet Overlay District shall provide parking spaces for all uses
based on a requirement of one space per 250 square feet of the gross
floor area of the building expansion. The existing building located
on the lot shall continue to be exempt from the off-street parking
requirements, provided that there is no reduction in the number of
parking spaces located on the lot, as each existed on the effective
date of this chapter.
(c)
New buildings constructed on a lot in the Delaware Avenue Hamlet
Overlay District shall receive a 10% reduction from the off-street
parking requirements relating to the number of parking spaces, if
the lot is located within 1/4 mile walking distance of any of the
following: municipal parking lot, on-street parking, or CDTA transit
service. The walking distance is to be measured along the public right-of-way.
New buildings in the Delaware Avenue Hamlet Overlay District not meeting
this locational requirement shall comply with the off-street parking
requirements of this chapter then in effect.
(3)
Notwithstanding the dimensional requirements for off-street
parking spaces found elsewhere in this chapter, the Planning Board
may reduce the depth of the parking space to 18 feet when justified
by site conditions.
[Added 2-24-2016 by L.L.
No. 1-2016]
A.
Purpose.
(1)
It is the purpose of this section to encourage and promote the
safe, effective and efficient use of installed solar photovoltaic
(PV) systems that reduce on-site consumption of utility-supplied energy
while protecting the health, safety and welfare of adjacent and surrounding
land uses and properties.
(2)
It is the intent of this section to:
(a)
Meet the goal of the 2005 Bethlehem Comprehensive Plan to promote
energy efficiency and conservation, and the use of renewable energy
in the Town;
(b)
Support green economy innovations as adopted in the 2009 Bethlehem
Climate Smart Community Resolution; and
(c)
Support New York State in meeting its renewable energy goals
established by the 2015 New York State Energy Plan as implemented
through the Reforming the Energy Vision Initiative.
(3)
Solar energy is an abundant and renewable energy resource, and
its conversion to electricity will reduce our dependence on nonrenewable
energy resources and decrease the greenhouse gas emissions that result
from the use of conventional energy sources.
B.
Applicability.
(1)
This section applies to building-mounted, building-integrated
and ground-mounted solar photovoltaic systems installed and constructed
after the effective date of this section.
(2)
This section also applies to any upgrade, modification or structural
change that alters the physical size, electric generation capacity,
location or placement of an existing solar PV system.
(3)
Nonconforming solar PV systems. Nonconforming solar PV systems
existing on the effective date of this section may be altered or expanded
provided such alteration or expansion does not increase the extent
or degree of nonconformity.
(4)
Properties with approved site plan. Notwithstanding the requirements of § 128-68C(2)(e) of this chapter, for any lot that has an approved site plan, the installation of a "by-right" solar PV system on the lot shall not be considered a change to the approved site plan. This provision shall not be interpreted to exempt lots with an approved site plan from other requirements of this section.
(5)
Prohibition. Solar PV systems attached to the side of a building
are prohibited unless they are designed as a building integrated system.
C.
BUILDING-INTEGRATED SOLAR PV SYSTEM
BUILDING-MOUNTED SOLAR PV SYSTEM
GROUND-MOUNTED SOLAR PV SYSTEM
GROUND-MOUNTED SOLAR PV SYSTEM, LARGE-SCALE
GROUND-MOUNTED SOLAR PV SYSTEM, SMALL-SCALE
KILOWATT (kW)
KILOWATT-HOUR (kWH)
LOT COVERAGE
NET METER
REMOTE NET METERING
SOLAR ARRAY
SOLAR PANEL
SOLAR PHOTOVOLTAIC (PV) SYSTEM
Definitions. For the purpose of this section the following terms
shall have the meanings indicated.
A solar PV system that is designed and constructed as an
integral part of a principal or accessory building. Components of
a building-integrated system are designed to replace or substitute
for architectural or structural elements of a building and generally
complement, blend with or form part of a building's architectural
appearance. Such components will generally maintain a uniform plane
with, and/or form a part of, the walls, window openings, roofing and/or
other building elements into which they are integrated. Such a system
is used in lieu of a separate solar PV system where components of
the system are designed and attached to a building independent of
building architecture. A building-integrated system may occur within
vertical facades, replacing view glass, spandrel glass or other facade
material; within semitransparent skylight systems; within roofing
systems, replacing traditional roofing materials; or within other
building envelope systems.
A solar PV system that is attached to the roof of a building.
A solar PV system, including its specialized solar racking
or other mounting system, which is installed on the ground and not
attached to any other structure.
A ground-mounted solar PV system that has a system capacity
greater than 12kW or generates more than 110% of the kWh's of electricity
consumed over the previous twelve-month period by land use(s) existing
on the lot where the system is located. In applying this standard,
electricity consumption shall be determined by submission of utility
bills showing electric usage over said twelve-month period.
A ground-mounted solar PV system that is limited to a system
capacity of 12kW and generates no more than 110% of the kWh's of electricity
consumed over the previous twelve-month period by land use(s) existing
on the lot where the system is located. In applying this standard,
electricity consumption shall be determined by submission of utility
bills showing electric usage over said twelve-month period.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used; 1,000 kW is equal to one megawatt (MW).
A unit of energy equivalent to one kilowatt of power expended
for one hour of time.
Notwithstanding the definition of lot coverage found elsewhere
in this chapter, for the purpose of this section lot coverage shall
also include the area covered by a solar panel (or physically connected
group of panels) as measured on a horizontal plane projected from
the perimeter of said panel (or group of panels) vertically to the
ground. For panels where the tilt angle is adjusted by week, month,
season or other time period, lot coverage shall be determined by the
tilt angle producing the greatest lot coverage.
A meter used to measure the flow of electricity from the
solar PV system to the electric utility grid for the purposes of net
metering.
An arrangement with the electric utility that allows for
the kilowatt hours (kWh) generated from a solar PV system located
at a specific site to be credited towards kWh of consumption at a
different location.
Any number of electrically connected solar photovoltaic (PV)
panels that are connected to the same inverter.
A large, flat piece of equipment containing photovoltaic
cells that use the sun's light or heat to create electricity.
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and solar-related equipment, which rely
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A solar PV system may be building-mounted, ground-mounted or building-integrated.
D.
Facilities permitted by right.
(1)
By-right solar PV systems. In order to encourage use of solar PV systems in the Town of Bethlehem, the following systems shall be permitted by right in any zoning district in the Town, provided the system is generating electricity only for the land use(s) located on the same lot as the system, and further provided that the system meets the standards for by-right systems identified in § 128-67.2D(2) below. By-right systems require a building permit.
(2)
Standards for by-right systems.
(a)
Accessory use. By-right solar PV systems shall be considered
an accessory use.
(b)
Maximum system size. By-right solar PV systems shall be limited
to a system capacity of 25kW.
[Amended 1-11-2023 by L.L. No. 1-2023]
(d)
Building-mounted solar PV systems.
[1]
For a building-mounted system installed on a sloped
roof:
[2]
For a building-mounted system installed on a flat
roof, the highest point of the system shall not extend more than five
feet above the height of the roof.
[3]
For a building-mounted system, solar panels shall
be set back no less than three feet from the edge of the roof to allow
for fire access and ventilation. On sloped roofs, this requirement
does not apply along that portion of the bottom edge located more
than three feet from a side edge. In the event New York State shall
adopt regulations that govern the placement of roof-mounted solar
panels for fire prevention purposes, said regulations shall supersede
this setback provision.
E.
Facilities requiring a special use permit.
(1)
Solar PV systems requiring a special use permit. Except as provided in § 128-67.2D, Facilities permitted by right, preceding, no solar PV system shall be constructed or installed without first obtaining a special use permit and site plan approval from the Planning Board pursuant to Article VII of this chapter. In addition, all solar PV systems shall require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include, but not be limited to:
(a)
Ground-mounted solar PV systems.
(b)
Building-mounted and building-integrated solar PV systems that
have a system capacity greater than 25kW.
[Amended 1-11-2023 by L.L. No. 1-2023]
(c)
Solar PV systems, regardless of size, that generate and provide
electricity, through a remote net-metering agreement or other arrangement,
to an off-site user or users located on a lot(s) other than the lot
on which the system is located.
(d)
Solar PV systems, regardless of size, mounted on carports or
canopy structures covering parking facilities.
(2)
Classification: Solar PV systems requiring a special use permit
may be classified as either an accessory use or a principal use as
set forth below.
(a)
Principal use. A solar PV system constructed on a lot and providing electricity to an off-site user or users through a remote net-metering agreement or other arrangement, shall be considered a principal use. All ground-mounted solar PV systems that are classified as a principal use shall adhere to the area, yard and bulk requirements of the zoning district in which the system is located, unless modified herein by § 128-67.2E(3) below.
(b)
Accessory use/accessory structure. A solar PV system shall be considered an accessory use/accessory structure when generating electricity for the sole consumption of a principal use(s) or building(s) located on the same lot as the system. Notwithstanding the location and maximum coverage provisions for accessory uses/accessory structures found elsewhere in this chapter, all large-scale ground-mounted solar PV systems that are classified as an accessory use/accessory structure shall adhere to the minimum area, yard and bulk requirements for principal uses within the zoning district in which the system is located, unless modified herein by § 128-67.2E(3) below.
(3)
Standards for facilities requiring a special use permit.
(a)
Small-scale ground-mounted solar PV systems as accessory use.
Notwithstanding the location and height standards for accessory structures
and accessory uses found elsewhere in this chapter, the following
height, location and minimum yard/setback standards shall apply to
small-scale ground-mounted solar PV systems that are classified as
an accessory use:
[1]
Location. Small-scale ground-mounted solar PV systems
may be located within the side or rear yard. Location in a front yard
is prohibited, including location in any front yard of a corner lot.
[2]
Rear and side yard. Small-scale ground-mounted
solar PV systems shall be permitted in a required minimum side yard
or rear yard setback, provided that such system shall be set back
not less than 10 feet from any rear or side lot line.
[3]
Height. Small-scale ground-mounted solar PV systems
shall not exceed a height of 12 feet.
(b)
Large-scale ground-mounted solar PV systems and ground-mounted
systems classified as a principal use.
[1]
Setbacks. Large-scale ground-mounted solar PV systems
are subject to the minimum yard and setback requirements for the zoning
district in which the system is located. No part of a ground-mounted
system shall extend into the required yards and/or setbacks due to
a tracking system or short-term or seasonal adjustment in the location,
position or orientation of solar PV-related equipment or parts.
[2]
Setback to residential district. If a large-scale
ground-mounted solar PV system is located on a lot that adjoins a
residential district, an additional setback shall be provided between
the residential district and all site improvements associated with
the system. The additional setbacks are intended to provide a visual
buffer between the residential district and ground-mounted system.
The additional setback, as well as the minimum setback area, shall
be planted with a mixture of evergreen and deciduous plantings at
a height so as to provide, as much as practicable, a visual screen
of the ground-mounted system from residential uses. The species type,
location and planted height of such landscaping shall be subject to
the approval of the Planning Board.
[a]
Large-scale ground-mounted solar PV systems located
in a residential district shall be set back an additional 120 feet
from the minimum yard setback along all property lines that abut a
lot located in a residential district. This additional setback dimension
shall also apply to the front yard setback when the lot on the opposite
side of the street is located in a residential district.
[b]
Large-scale ground-mounted solar PV systems located
in commercial and mixed-use districts shall be set back an additional
110 feet from the minimum yard setback along all property lines that
abut a lot located in a residential district. This additional setback
dimension shall also apply to the front yard setback when the lot
on the opposite side of the street is located in a residential district.
[3]
Utility connections. Utility lines and connections
from a large-scale ground-mounted solar PV system shall be installed
underground, unless otherwise determined by the Planning Board for
reasons that may include poor soil conditions, topography of the site,
and requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
[4]
Fences. Notwithstanding the provisions found in § 128-47 of this chapter, fences not exceeding eight feet in height, including open-weave chain-link fences and solid fences, shall be permitted for the purpose of screening or enclosing a large-scale ground-mounted solar PV system regardless of the district in which the system is located, provided said system is classified as a principal use. In instances where the provisions of § 128-47 would allow a fence greater than eight feet in height, the less restrictive provision shall apply.
[5]
Barbed wire. Notwithstanding provisions for barbed wire found in § 128-47B(6)(b) of this chapter, fences intended to enclose a large-scale ground-mounted solar PV system may contain barbed wire canted out.
[6]
Height. Large-scale ground-mounted solar PV systems
may not exceed 12 feet in height.
[7]
Minimum lot size. Large-scale ground-mounted solar
PV systems shall adhere to the minimum lot size requirements for the
zoning district in which the system is located, except that for residential
districts, the minimum lot size shall be one acre.
[8]
Lot coverage requirements. Large-scale ground-mounted solar PV systems shall adhere to the maximum lot coverage requirement for principal uses within the zoning district in which they are located. The lot coverage of a large-scale ground-mounted solar PV system shall be calculated based on the definition of lot coverage found at §§ 128-67.2C and 128-22 of this chapter.
[9]
Signs. Large-scale ground-mounted solar PV systems
classified as a principal use shall adhere to the sign requirements
for the zoning district in which they are located.
[10]
Location in front yard prohibited. Notwithstanding
the requirements regulating location of accessory structures found
elsewhere in this chapter, large-scale ground-mounted solar PV systems
classified as an accessory use shall be prohibited in a front yard,
including location in any front yard of a corner lot.
(c)
Building-mounted solar PV systems.
[1]
For a building-mounted system installed on a sloped
roof:
[2]
For a building-mounted system installed on a flat
roof, the highest point of the system shall not extend more than five
feet above the height of the roof.
[3]
For a building-mounted system, solar panels shall
be set back no less than three feet from the edge of the roof to allow
for fire access and ventilation. On sloped roofs, this requirement
does not apply along that portion of the bottom edge located more
than three feet from a side edge. In the event New York State shall
adopt regulations that govern the placement of roof-mounted solar
panels for fire prevention purposes, said regulations shall supersede
this setback provision.
F.
Placement on nonconforming buildings. Notwithstanding the area, lot
and bulk requirements of this chapter, building-mounted and building-integrated
solar PV systems may be installed:
(1)
On the roof of a nonconforming building that exceeds the maximum
height restriction, provided the building-mounted system does not
extend above the peak or highest point of the roof to which it is
mounted.
(2)
On a building that does not meet the minimum setback or yard
requirements, provided there is no increase in the extent or degree
of nonconformity with said requirement.
(3)
On a building that exceeds the maximum lot coverage requirements,
provided there is no increase in the extent or degree of nonconformity
with said requirement.
G.
Abandonment and decommissioning.
(1)
Applicability and purpose. This section governing abandonment
and decommissioning shall apply to large-scale ground-mounted solar
PV systems with a rated capacity of 200 kW or more, hereinafter referred
to as "commercial solar PV systems." It is the purpose of this section
to provide for the safety, health, protection and general welfare
of persons and property in the Town of Bethlehem by requiring abandoned
commercial solar PV systems to be removed pursuant to a decommissioning
plan. The anticipated useful life of such systems, as well as the
volatility of the recently emerging solar industry where multiple
solar companies have filed for bankruptcy, closed or been acquired
creates an environment for systems to be abandoned, thereby creating
a negative visual impact on the Town. Abandoned commercial systems
may become unsafe by reason of their energy-producing capabilities
and serve as an attractive nuisance.
(2)
Abandonment. A commercial solar PV system shall be deemed abandoned
if the system fails to generate and transmit electricity at a rate
of more than 10% of its rated capacity over a continuous period of
one year. A commercial solar PV system also shall be deemed abandoned
if following site plan approval initial construction of the system
has commenced and is not completed within 18 months of issuance of
the first building permit for the project.
(a)
Extension of time. The time at which a commercial solar PV system
shall be deemed abandoned may be extended by the Planning Board for
one additional period of one year, provided the system owner presents
to the Board a viable plan outlining the steps and schedules for placing
the system in service or back in service, at no less than 80% of its
rated capacity, within the time period of the extension. An application
for an extension of time shall be made to the Planning Board by the
commercial solar PV system owner prior to abandonment as defined herein.
Extenuating circumstances as to why the commercial solar PV system
has not been operating or why construction has not been completed
may be considered by the Board in determining whether to grant an
extension.
(3)
Removal required. A commercial solar PV system which has been
abandoned shall be decommissioned and removed. The commercial solar
PV system owner and/or owner of the land upon which the system is
located shall be held responsible to physically remove all components
of the system within one year of abandonment. Removal of the commercial
solar PV system shall be in accordance with a decommissioning plan
approved by the Planning Board.
(4)
Decommissioning and removal.
(a)
Decommissioning and removal of a commercial solar PV system
shall consist of:
[1]
Physical removal of all aboveground and below-ground
equipment, structures and foundations, including but not limited to
all solar arrays, buildings, security barriers, fences, electric transmission
lines and components, roadways and other physical improvements to
the site;
[2]
Disposal of all solid and hazardous waste in accordance
with local, state and federal waste disposal regulations;
[3]
Restoration of the ground surface and soil;
[4]
Stabilization and revegetation of the site with
native seed mixes and/or plant species (excluding invasive species)
to minimize erosion.
(b)
Upon petition to the Planning Board, the Board may permit the
system owner and/or landowner to leave certain underground or aboveground
improvements in place, provided the owner can show that such improvements
are part of a plan to redevelop the site, are not detrimental to such
redevelopment and do not adversely affect community character or the
environment.
(5)
Special use permit conditions. The following conditions shall
apply to all special use permits issued for a commercial solar PV
system. No special use permit shall be issued unless the Planning
Board finds that the conditions have been or will be met.
(a)
Decommissioning plan. All applications for a commercial solar
PV system shall be accompanied by a decommissioning plan to be implemented
upon abandonment and/or in conjunction with removal of the system.
The decommissioning plan shall address those items listed in § 128.67.2G(4)
above and include:
[1]
An estimate of the anticipated operational life
of the system;
[2]
Identification of the party responsible for decommissioning;
[3]
Description of any agreement with the landowner
regarding decommissioning;
[4]
A schedule showing the time frame over which decommissioning
will occur and for completion of site restoration work;
[5]
A cost estimate prepared by a qualified professional
engineer, estimating the full cost of decommissioning and removal
of the solar PV system;
[6]
A financial plan to ensure that financial resources
will be available to fully decommission the site.
(b)
Financial surety. Prior to the issuance of a building permit
and every three years thereafter, the commercial solar PV system owner
and/or landowner shall file with the Town evidence of financial security
to provide for the full cost of decommissioning and removal of the
solar PV system in the event the system is not removed by the system
owner and/or landowner. Evidence of financial security shall be in
effect throughout the life of the system and shall be in the form
of an irrevocable letter of credit or other security acceptable to
the Planning Board. The irrevocable letter of credit shall include
an auto extension provision, to be issued by an A-rated institution
solely for the benefit of the Town. The Town shall be entitled to
draw on the letter of credit in the event that the commercial solar
PV system owner and/or landowner is unable or unwilling to commence
decommissioning activities within the time periods specified herein.
No other parties, including the owner and/or landowner shall have
the ability to demand payment under the letter of credit. Upon completion
of decommissioning, the owner and/or landowner may petition the Town
to terminate the letter of credit. In the event ownership of the system
is transferred to another party, the new owner (transferee) shall
file evidence of financial security with the Town at the time of transfer,
and every three years thereafter, as provided herein.
[1]
Amount. The amount of the surety shall be determined
by the Town Engineer based upon a current estimate of decommissioning
and removal costs as provided in the decommissioning plan and subsequent
annual reports. The amount of the surety may be adjusted by the Town
upon receipt of an annual report containing an updated cost estimate
for decommissioning and removal.
(c)
Annual report. The commercial solar PV system owner shall on a yearly basis provide the Town Building Inspector a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the solar PV system and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the filing of evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the commercial solar PV system. The Town may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of § 128-83 of this chapter.
(6)
Decommissioning and removal by Town. If the commercial solar
PV system owner and/or landowner fails to decommission and remove
an abandoned facility in accordance with the requirements of this
section, the Town may enter upon the property to decommission and
remove the system.
(a)
Procedure.
[1]
Upon a determination by the Building Inspector
that a commercial solar PV system has been abandoned, the Building
Inspector shall notify the system owner, landowner and permittee by
certified mail: a] in the case of a facility under construction, to
complete construction and installation of the facility within 180
days; or b] in the case of a fully constructed facility that is operating
at a rate of less than 10% of its rated capacity, to restore operation
of the facility to no less than 80% of rated capacity within 180 days,
or the Town will deem the system abandoned and commence action to
revoke the special use permit and require removal of the system.
[2]
Being so notified, if the system owner, landowner
and/or permittee fails to perform as directed by the Building Inspector
within the one-hundred-eighty-day period, the Building Inspector shall
notify the system owner, landowner and permittee, by certified mail,
that the solar PV system has been deemed abandoned and the Town intends
to revoke the special use permit within 60 days of mailing said notice.
The notice shall also state that the permittee may appeal the Building
Inspector's determination of abandonment to the Planning Board and
request a hearing on the matter.
[3]
Said appeal and request for hearing must be made
and received by the Town within 20 days of mailing notice. Failure
by the permittee to submit an appeal and request for hearing within
the twenty-day period will result in the special use permit being
deemed revoked as stated herein.
[4]
In the event the permittee appeals the determination
of the Building Inspector and requests a hearing, the Planning Board
shall schedule and conduct said hearing within 60 days of receiving
the appeal and request. In the event a hearing is held, the Planning
Board shall determine whether the solar PV system has been abandoned,
whether to continue the special use permit with conditions as may
be appropriate to the facts and circumstances presented to the Board,
or whether to revoke the permit and order removal of the solar PV
system.
[5]
Upon a determination by the Building Inspector
or Planning Board that a special use permit has been revoked, the
decommissioning plan must be implemented and the system removed within
one year of having been deemed abandoned or the Town may cause the
removal at the owner and/or landowner's expense. If the owner and/or
landowner fails to fully implement the decommissioning plan within
one year of abandonment, the Town may collect the required surety
and use said funds to implement the decommissioning plan.
(7)
Removal by Town and reimbursement of Town expenses. Any costs
and expenses incurred by the Town in connection with any proceeding
or work performed by the Town or its representatives to decommission
and remove a commercial solar PV system, including legal costs and
expenses, shall be reimbursed from the financial surety posted by
the system owner or landowner as provided in § 128.67.2G(5)(b)
herein. Any costs incurred by the Town for decommissioning and removal
that are not paid for or covered by the required surety, including
legal costs, shall be assessed against the property, shall become
a lien and tax upon said property, shall be added to and become part
of the taxes to be levied and assessed thereon, and shall be enforced
and collected, with interest, by the same officer and in the same
manner, by the same proceedings, at the same time and under the same
penalties as are provided by law for the collection and enforcement
of real property taxes in the Town.
