Town of Bethlehem, NY Article VII Special Use Permit and Site Plan Review

§ 128-68 Purpose; consistency required; applicability; exemptions.

A. Purpose. The purpose of this section is to provide regulations governing the standards for review and design, and due process, for special use permit approval and site plan approval. These regulations are designed to protect the community from traffic congestion, noise, flooding, excessive soil erosion, excessive noise and odor and other forms of pollution; to provide for design that will be in harmony with the appropriate and orderly development of the district in which it is located; and to ensure that the impact of new development and redevelopment is mitigated by compliance with reasonable conditions. The Town of Bethlehem values the mixed-use character of the Town and wishes to encourage residential and nonresidential growth involving reuse of existing structures and development of new structures in a manner that is protective of the rural, historic, scenic, and environmental character of the Town. These regulations are also designed to ensure that land development conforms to the Town's planning goals and objectives as expressed in its Comprehensive Plan.

B. Consistency requirement. Before approving any use that is subject to special use permit and/or site plan approval, the Planning Board must make a written finding that the proposed use is one that is allowed within the district in accordance with the Schedule of Uses, that it meets the special use permit performance standards and/or site plan approval criteria as specified herein, and that the site layout, site design and architectural appearance would, as determined by the Planning Board, enhance and be protective of the aesthetic, existing, historic and environmental features of the surrounding neighborhood. In preparing a plan for development of land the applicant shall give attention to the goals, objectives and the land use policies of the Town in the specific area in which the development is proposed. The Planning Board shall determine whether the site use, site design and architecture proposed by an applicant comply with the land use and environmental protection policies and objectives of the Town of Bethlehem, including those expressed in the Town Comprehensive Plan.

C. Applicability.

(1) Special use permit approval by the Planning Board, in accordance with this article, is required for the following uses and activities:

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

(a) All uses and uses accessory thereto which require special permit use approval as set forth in the Schedule of Uses, § 128-99.

(b) All uses that require special permit use approval as set forth in Article VIII of this chapter.

(c) The expansion, enlargement or extension of a structure containing a nonconforming use pursuant to § 128-54.

(2) Site plan approval by the Planning Board, in accordance with this article, is required for the following uses and activities:

(a) All uses and uses accessory thereto which require site plan approval as set forth in the Schedule of Uses, § 128-99.

(b) All uses and uses accessory thereto which require special use permit approval pursuant to the Schedule of Uses, § 128-99, and Article VIII of this chapter.

(c) A change of use involving a nonconforming use to another nonconforming use.

(d) A change of use involving a nonconforming use to a conforming use, other than uses permitted by right.

(e) A change to an approved site plan.

(f) Activities for which a use variance has been granted by the Zoning Board of Appeals.

(g) Other than normal maintenance and repair, the expansion, enlargement, extension or addition(s) to a conforming building containing a conforming use which is not otherwise exempt pursuant to Subsection D below.

(h) Nonagricultural and nonresidential uses, including by-right uses, on property in the Hamlet, Commercial, Mixed Economic Development, or Industrial Districts where such property is located within 100 feet of a Residence "A," Residence "B," Residence "C," Core Residential, Multifamily, or Rural Riverfront District.

D. Exemptions. The following activities are exempt from site plan approval (Also see § 128-71B, Application waiver.):

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

(1) Construction, extension, or alteration of a single-family residential dwelling and accessory structures thereto on a lot legally in existence as of the date of adoption of this chapter.

(2) Construction of a single-family residential dwelling on a lot approved by the Planning Board for residential purposes pursuant to the Chapter 103, Subdivision Regulations, of the Town Code.

(3) Construction, extension, or alteration of a principal or accessory structure used for agricultural purposes, provided that such agricultural use is legally in existence as of the date of adoption of this chapter or is situated on property located within a county agricultural district.

(4) Subject to the standards in § 128-72 of this chapter, the seasonal planting, cultivation and harvesting of field crops, fruits, vegetables, and horticultural specialties, including nursery stock, ornamental shrubs, and ornamental trees and flowers, whether as part of an existing, new, or expanded agricultural operation, and not involving the construction or alteration of any structure.

(5) Construction, extension, expansion, or alteration of the interior of a building or structure.

(6) Routine property maintenance activities, including repainting, repair, and in-kind replacement.

§ 128-69 Special use permit review and approval.

A. Reviewing agency. Pursuant to Town Law § 274-b, Subdivision 2, the Planning Board is hereby empowered to review and approve, approve with modifications and/or conditions, or disapprove special use permit applications as provided in this chapter.

B. General. All uses allowed subject to special use permit approval are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Special permit uses are specifically declared to be allowed within the district in which they are located, provided that the Planning Board makes a written finding that the individual case meets the special use permit performance standards of this chapter.

C. Approval required. Where special use permit approval is required by this chapter, no building permit or certificate of occupancy shall be issued by the Building Inspector until such special use permit has been approved by the Planning Board as provided herein. In addition, no premises shall be occupied or used and no permanent certificate of occupancy shall be issued until all of the requirements of this chapter and any conditions of special use permit approval have been complied with. All uses allowed by special use permit are subject to the requirements for site plan approval unless site plan approval is waived by the Planning Board as set forth herein. The site plan review under § 128-71 shall be conducted in unison with the review of the special use permit application, and the Planning Board shall, at the time it issues its decision on the special use permit application, also issue its decision on the site plan. No authorization is granted for a waiver of the special use permit requirements of this article, and no authorization is granted to separate the review of the special use permit from the review of the site plan.

D. Compliance. All applications for any use allowed subject to the issuance of a special use permit shall be accompanied by a sworn statement by the owner of subject property that the proposed use will be constructed and operated in accordance with the standards and qualifications hereinafter set forth. The Planning Board shall not issue a permit to allow any use subject to the special use permit provisions of this chapter unless said Board first finds that the use, as proposed, shall be in compliance with the standards set forth in this section.

E. Violations. No special use permit or site plan approval shall be issued for any use or construction where there is on the subject property an existing violation of any chapter of the Town of Bethlehem Code or the New York State Building Code. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Building Inspector, the Planning Board shall not review, hold public meetings or public hearings, or take action regarding an application for special use permit approval until notified by the Building Inspector that such violation has been cured or ceased by the applicant. However, the Planning Board may, upon written recommendation of the Building Inspector, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property, or use of the property, into compliance with this chapter.

F. Special use permit performance standards. In granting any special use permit, the Planning Board shall take into consideration the public health, safety and general welfare of the Town and the comfort and convenience of the public in general and the immediate neighborhood in particular. The Board may require modifications to an application, including submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards on its approval to eliminate or minimize potential impacts on surrounding properties and the community in general. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Planning Board shall give specific consideration to the following standards, and the Planning Board is hereby authorized to use its discretion to determine whether one or more of these standards apply to a particular application:

(1) Fire and explosion hazards. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Methods of prevention and suppression of these hazards shall be approved by the local officials responsible for fire prevention and public safety.

(2) Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance that will jeopardize the health of any employee or adjacent resident or property or otherwise adversely affect the operation of any equipment other than that on the premises.

(3) Noise. The maximum noise level at the property line applicable to the use involved shall not exceed 70 dBa as measured in accord with the procedure specified by the American National Standards Institute.

(4) Vibration. No vibration shall be permitted which is detectable, other than by instrument, at the property line.

(5) Glare. No direct or reflective glare from any lighting or process shall be permitted where such will interfere with traffic safety or the useful enjoyment of adjoining properties.

(6) Smoke. No emission shall be permitted of a shade equal to or darker than Ringelmann Smoke Chart No. 2.

(7) Odors. No emission of odorous gases or other matter shall be permitted in a quantity or a type that permits it to be detectable, other than by instrument, at the property line.

(8) Other forms of air pollution. No emission of fly ash, dust, smoke, vapors, gases or other forms of air pollution shall be permitted which can jeopardize human health or animal or vegetable life or which otherwise contributes to the deterioration of or detracts from adjacent properties.

(9) Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation.

(10) Traffic access. All proposed traffic accessways shall be adequate but not excessive in number; shall be adequate in width, grade and alignment and visibility; shall be sufficiently separated from street intersections; and shall meet other similar safety considerations.

(11) Parking. Adequate off-street parking and loading spaces shall be provided in accordance with § 128-56 to prevent parking in public streets of the vehicles of any persons connected with or visiting the use.

(12) Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.

(13) Landscaping and screening. All parking and service areas shall be reasonably screened from the view of adjacent residential lots and streets, and the general landscaping of the site should be in character with that generally prevailing in the neighborhood. Existing trees, 12 inches or more in diameter at breast height (dbh), should be preserved to the maximum extent practical.

(14) Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs, and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood and shall not adversely affect the general welfare of the inhabitants of the Town.

(15) Historic and natural resources. The proposed use shall be designed and carried out in a manner that minimizes impacts to historic and natural environmental features on the site and in adjacent areas.

(16) Sewage treatment and water supply. Sewage disposal and water supply services supporting the proposed activity or use shall be sufficient to meet the needs of the proposed activity or use. Consideration shall be given to both the suitability of water supply and sanitary sewage facilities to accommodate the intended use and the adequacy of measures to protect surface water and groundwater from pollution.

(17) Emergency services. All proposed buildings, structures, equipment, and/or material shall be readily accessible for fire, police, and other emergency service protection.

(18) Nuisances. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, fumes, vibration or lighting than would the operations of a permitted use.

(19) Size and scale. The location and size of the proposed use, the nature and intensity of operations involved in or conducted in connection therewith, and the site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use will not be hazardous or inconvenient to, or incongruous with, or conflict with the normal traffic of the neighborhood.

(20) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(21) Stormwater management. The proposed use shall be designed to be in compliance with Chapter 98 of the Code of the Town of Bethlehem.

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

(22) Additional considerations. In addition to the performance standards cited herein, the Planning Board in rendering its decision on a special use permit shall also consider the planning recommendations as set forth in the following documents:

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

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

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

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

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

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

(f) "Delaware Avenue Hamlet Enhancement Study Streetscape and Hamlet Design Standards and Guidelines" Final Report, dated October 26, 2010.

[Added 3-11-2015 by L.L. No. 2-2015]

(g) "Delaware Avenue Hamlet Enhancement Study Transportation Improvement Plan" Final Report, dated February 7, 2011.

[Added 3-11-2015 by L.L. No. 2-2015]

G. Additional safeguards and conditions; measurement of standards.

(1) Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the special use permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurances that these standards and requirements can be responsibly monitored and enforced.

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

(2) Measurement of standards. The determination of the existence of any dangerous or objectionable condition shall be made at:

(a) The point or points at which any potential fire, explosion, radioactivity, electrical disturbance, smoke or other air pollution is most apparent or likely to create a hazard or nuisance; or

(b) The property lines of the use creating the condition, such as noise, vibration, glare or odor.

H. Noncomplying uses deemed prohibited. Any use which is unable to meet the performance standards required in this section, as determined by the Planning Board, shall be deemed a prohibited use and a special use permit shall be denied by said Board.

I. Applications. All applications for special use permit approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board. Application forms and instructions are available from the Secretary to the Planning Board. The application must include an environmental assessment form and all necessary documentation to comply with the State Environmental Quality Review Act (SEQRA).[1] No application shall be deemed complete until a negative declaration has been issued or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Prior to submittal of a formal application for special use permit approval, applicants are encouraged to meet with the Department of Economic Development and Planning to review the proposed application and obtain a clear understanding of the application requirements and the requirements of this chapter. Although not required, applicants are encouraged to commence discussions with the owners of land abutting, or in proximity, to the project site to ascertain local concerns and local development issues early in the project design process.

[1] Editor's Note: See Art. 8 of the Environmental Conservation Law.

J. Agricultural data statement. An application for a special use permit must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.

K. Fees. An application for a special use permit shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required pursuant to § 128-85 of this chapter.

L. Procedures. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of the public hearing shall be published in the official newspaper at least five days prior to the date set for public hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a special use permit is under consideration by the Board. All notices shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. If an application for special use permit approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement.

M. Notice to Park Commission. At least five days before such hearing, the Planning Board shall mail notices thereof to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal.

N. County referral. Prior to action on an application for special use permit approval under this section, and except as may be provided as per intermunicipal agreement between the Town of Bethlehem and Albany County, a copy of said application shall be forwarded to the Albany County Planning Board for review pursuant to General Municipal Law § 239-m if the boundary of the property that is the subject of the application is located within 500 feet of:

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

(1) The boundary of any city, village, or town;

(2) The boundary of any existing or proposed county or state park or other recreation area;

(3) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;

(4) The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines;

(5) The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or

(6) The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.

O. Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a special use permit review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.

P. Time of decision. The Planning Board shall decide the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and General Municipal Law §§ 239-l and 239-m. In rendering its decision the Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.

Q. Findings. In rendering its decision concerning any special use permit application, the Planning Board shall consider the nature of the proposed activity, the performance standards of Subsection F, and the applicable design standards of Articles V and VIII of this chapter, including the nature, arrangement and appearance of all proposed structures, improvements and uses of the lot, including their potential impact on adjacent properties and land uses. The Planning Board shall issue its findings in writing to support its decision on the application.

R. Expiration. A special use permit shall be deemed to authorize only the particular special use or uses applied for and shall expire if:

(1) Construction has not been commenced within one year and has not been completed within two years of the date special use permit approval is granted. If no construction is involved, approval shall expire if the use or uses have not been commenced within one year of the date special use permit approval is granted.

(2) The special use or uses shall have ceased for more than 12 consecutive months for any reason.

(3) The special use permit has expired.

S. Extensions. Extensions may be granted at the discretion of the Planning Board.

T. Compliance with SEQRA. The Planning Board shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and 6 NYCRR 617.

U. Appeals. Any person aggrieved by any decision of the Planning Board hereunder may apply to the Supreme Court for review pursuant to § 274-b, Subdivision 9, of the Town Law.

§ 128-70 Preapplication conference and conceptual site plan review.

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

A. Preapplication conference. A preapplication review is recommended prior to submission of a formal application for site plan approval. The preapplication conference is intended to reduce the review time for Planning Board consideration of proposed site plans by allowing early review of a concept development plan by the Development Planning Committee. A request for a preapplication conference may be submitted to the Department for review by the Development Planning Committee. The Development Planning Committee shall notify the applicant of the place, date, and time of the meeting at which the concept development plan is to be considered. The applicant, or the applicant's representatives, shall be present at the meeting to discuss the application. The preapplication review shall be limited to a review of the basic concept of the proposal, and to resolve problems with meeting the requirements of this chapter, which might occur during formal Planning Board consideration. The preapplication review and consultation shall be nonbinding. The Development Planning Committee shall report to the Planning Board the result or outcome of the meeting, including any disputes between the applicant and the Committee as to the information required to complete the application and any interpretation of this chapter. Nothing herein shall be construed to prevent an applicant from submitting a formal application for site plan review and approval to the Planning Board. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site, to ascertain local concerns and local development issues early in the project design process.

B. Conceptual site plan review. Prior to making a formal application for site plan approval as outlined in § 128-71 of this chapter, an applicant may at his or her discretion submit to the Planning Board an application for conceptual site plan review. The purpose of this review is to provide an opportunity for the applicant to receive preliminary feedback from the Planning Board as to the merits of the proposal prior to investing substantial resources in preparing detailed plans and studies for a formal site plan application.

(1) Submission materials. An application for conceptual site plan review shall be submitted to the Planning Board on forms provided by the Board and shall be accompanied by a concept plan showing those items identified below. The applicant may also submit such other materials that he or she feels will be helpful to the Planning Board in clarifying the proposal. In general, the more detailed and relevant the information provided to the Board, the more meaningful the review that can be expected. At minimum, an application for concept review shall include the following:

(a) An area map (or high-resolution aerial photograph) showing the applicant's entire property and the approximate location of all property lines, streets, easements, rights-of-way, and zoning district boundaries within 300 feet thereof.

(b) Photographs of the site and any existing buildings thereon.

(c) A concept site plan, at a scale of no more than 50 feet to the inch, prepared by a professional engineer, land surveyor, landscape architect or architect licensed in the State of New York and showing the following:

[1] Boundaries of the parcel plotted to scale and the approximate location of property lines within 100 feet thereof.

[2] The location of zoning setbacks and any other regulatory setbacks for the parcel.

[3] The use, approximate location and size of all existing and proposed structures on the property and within 100 feet thereof.

[4] The approximate location and dimensions of existing and proposed curb cuts, streets, sidewalks, right-of-way boundaries and easements located on, adjacent to and within 100 feet of the parcel.

[5] The approximate location, layout and dimensions of existing and proposed driveways, parking areas, vehicular ingress and egress points, vehicular connections to adjacent parcels, courtyards, loading areas, outdoor storage areas and other paved or impervious surfaces on the parcel.

[6] Existing site topography and a concept plan of how the site would be graded, including proposed limits of clearing and grading (existing topography to be provided at a contour interval of two feet or less and extending 50 feet onto adjoining property.)

[7] The approximate location of existing site features, including wetlands, watercourses, floodplains, bedrock outcrops, steep slope areas, tree lines and significant individual tree specimens.

[8] The location and size of existing water distribution and sanitary collection facilities, and the approximate location of proposed connections thereto.

[9] Conceptual layout and approximate location and sizing of stormwater management facilities.

[10] The approximate location of proposed landscaped areas, with a general description of the type of plant materials contemplated.

[11] Map title, date, north arrow, tax map number of the parcel, and the name and address of the property owner and applicant.

[12] If available, preliminary architectural drawings showing exterior building elevations.

(2) Planning Board review. The Planning Board will review the application applying the site plan design criteria found at § 128-71E of this chapter, the design guidelines for the district in which the parcel is located, and such other factors that the Board may deem appropriate to consider in the interest of the public health, safety and welfare.

(3) Decision. The decisions and recommendations of the Planning Board concerning a conceptual site plan shall be nonbinding and shall be considered only as a guide to preparation of the formal site plan. Notwithstanding, where the Planning Board determines that it has sufficient information to come to a preliminary conclusion concerning the application, it may convey these conclusions to the applicant and recommend that the applicant submit a formal application for site plan review.

(4) At any time during the review process, an applicant may withdraw his or her application for conceptual site plan review and instead submit a formal application for site plan approval pursuant to § 128-71 of this chapter.

§ 128-71 Site plan review and approval.

A. Site plan application. An application for site plan approval shall be submitted to the Planning Board on forms provided by the Board for such purposes. The application form shall be complete and shall be accompanied by a detailed site plan and an environmental assessment form. The site plan shall use as a base map an accurate boundary and topographic survey of the property, prepared by a New York State licensed land surveyor, and depicting all existing improvements and grades referenced to the NAD 1983 StatePlane New York East FIPS 3101 US feet coordinate system and the North American Vertical Datum of 1988 (NAVD88). The site plan shall be prepared at a scale of not more than 50 feet to the inch, shall depict all proposed improvements, all elevations shall be based on NAVD88, and shall be prepared by a licensed land surveyor, a professional engineer, a landscape architect, or an architect licensed by the State of New York and shall include the following information:

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

(1) A location map, at a convenient scale, showing the applicant's entire property and all boundaries and streets within 500 feet thereof.

(2) The location, size and use of all existing and proposed buildings and structures.

(3) The location of all property lines and structures within 200 feet of the property boundary, with topography extended 50 feet outward from the site property boundary and 200 feet outward along existing roads.

(4) Any proposed division of buildings into units of separate occupancy.

(5) Existing and proposed easements.

(6) The names of the owners of land abutting the project site.

(7) The boundaries of applicable zoning district(s) and water and/or sewer district boundaries.

(8) The architectural design of all proposed buildings and structures, including the color and material proposed for use on exterior surfaces.

(9) Existing topography and proposed grade elevations at a contour interval not more than two feet, unless waived by the Planning Board, wetlands and watercourses, one-hundred-year floodplain area, bedrock outcrops, slopes in excess of 10%, and the location of trees with a diameter of 10 inches dbh and greater. Topography shall be based on NAVD88 datum, with ground truth established by actual field survey and certified to by a licensed land surveyor.

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

(10) The location of all existing and proposed roads, driveways, parking and loading areas, including access and egress drives.

(11) A table stating the number of parking and loading spaces required under this chapter and the number proposed.

(12) The location of outdoor storage areas.

(13) The location of fire access roads and fire protection features.

(14) The location, description and design of all existing and proposed site improvements, including pavement, walkways, curbing, drains, culverts, retaining walls, fences, parks, open spaces, and recreation areas.

(15) The location, design and description of water supply and sewage disposal facilities.

(16) The location, design and description of stormwater management facilities, including proposed grading plan.

(17) The location, height, size and design of all signs.

(18) The location, height, caliper and species of all proposed landscape plantings on a landscape plan.

(19) The location and design of building-mounted and freestanding lighting and communication facilities.

(20) The location, type and design of all waste and refuse storage and handling facilities.

(21) The character and type of all power distribution and transmission lines.

(22) The location and description of all subsurface site improvements and facilities.

(23) The extent and amount of cut and fill for all disturbed areas, including before and after profiles of typical development areas, parking lots, driveways and roads.

(24) Adequate provisions for the handling of stormwater runoff, including retention/detention, piping or channeling to existing or proposed drainage systems, during and after construction in accordance with Chapter 98 of the Code of the Town of Bethlehem.

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

(25) Phasing of development, if any.

(26) A signature block for Planning Board endorsement of approval.

(27) Date, North arrow and tax identification numbers of all parcels included in the application.

(28) The name and address of the owner of the property proposed for development.

(29) The name and address of the applicant, if different than owner.

(30) Any other information as may be deemed by the Planning Board as necessary to determine and provide for the proper enforcement of this chapter.

B. Application waiver. In the case of a use conversion which does not require additional construction or site modifications, or in the case of a minor site plan change requiring a building permit, the Planning Board may determine that the site plan application procedures outlined herein are not applicable and may waive the requirement of a full site plan review and approval, provided that the Board determines that the proposed change in use or site plan change would not result in significant additional traffic generation, wastewater flows, or water consumption and would not otherwise adversely affect pedestrian and traffic circulation, eliminate parking, or alter the height of the exterior facade. This determination shall be made to the Building Inspector, in writing, after decision of the Planning Board.

C. Information waiver. The Department of Planning and Economic Development may grant a waiver from the information requirements contained herein where it determines that such information is not relevant to, or is not otherwise required to, conduct the review of the application.

D. State environmental quality review. No application shall be deemed complete until a negative declaration has been issued or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

E. Site plan design criteria. The following criteria are intended to provide a framework for development within which the site designer is free to exercise creativity, invention, and innovation while recognizing the general historic, scenic and visual qualities inherent to the Town of Bethlehem, with a particular emphasis on compatibility with the surrounding neighborhood. These criteria, together with the design criteria for the district in which the property is located as set forth in Article V of this chapter, should be considered by the Planning Board during the review of any application requiring site plan approval under this chapter, and the Planning Board is hereby authorized to use its discretion to determine whether one or more of these criteria apply to a particular application. The Planning Board is also authorized to use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. The specific application of one or more of these criteria, the district design criteria, or any other standard established by this chapter to an application pending before the Planning Board shall be determined solely by the Planning Board. The following standards are in addition to any other site plan, special use permit, and subdivision requirements of this chapter and the Town Subdivision Regulations.[1]

(1) Relationship of structures and buildings to site.

(a) In the site plan design, consideration should be given to the use of existing building forms and layouts which are evidence of the distinctive historic development of the area and, in particular, of any specially designated or recognized scenic and historic districts within the vicinity of the proposed development. The importance of local historic, architectural, environmental and other features of significance to the property and of nearby properties should be recognized as an integral element in the review process.

(b) The site should be planned to accomplish a desirable transition with the streetscape to provide for adequate planting, safety and economy of pedestrian movement, and safe ingress and egress and parking for vehicles.

(c) Site planning in which setbacks and yards are in excess of the minimum area and bulk requirements is encouraged to provide a variation in relationship between buildings.

(d) Parking should, wherever feasible, be located to the rear or sides of buildings, so as not to interfere with the front landscape treatment.

(e) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building should be compatible with its site and the existing, or anticipated, adjoining buildings. The Planning Board should determine the visual compatibility of a proposed use or site plan change, including concerns for the proportion of the front facade, proportion and arrangement of windows and other openings within the facade (i.e., fenestration), roof shape, and the rhythm and spacing of structures along the street front or roadway, including consideration of setbacks and the treatment of yards.

(f) The Planning Board should encourage the use of a combination of common materials, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles.

(g) Newly installed and renovated utility services, and service revisions necessitated by exterior alterations, shall be underground unless otherwise allowed by the Planning Board.

(2) Relationship of nonresidential uses to residential districts.

(a) Site plans proposed for nonresidential uses adjacent to a residential district should be reviewed with regard to the impact of the development on that district. The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of neighboring residential property within a residential district.

(b) Buildings and parking areas proposed for nonagricultural nonresidential uses, including by-right uses, on property in the mixed-use districts and the commercial districts where such property is adjacent to, or is located within 100 feet of, a residential district shall be required to meet the following additional setbacks:

[1] If the property proposed for development is located in a commercial district and adjoins property located in a residential district, all site improvements shall be set back an additional 100 feet from the minimum yard setback.

[2] If the property proposed for development is located in a commercial district and is within 100 feet of property located in a residential district, all site improvements shall be set back an additional 50 feet from the minimum yard setback.

(c) The additional setbacks are intended to provide a visual and noise buffer between residential and nonresidential uses. The additional setback, as well as the minimum yard 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 nonresidential improvements from residential uses. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.

(3) Landscape, buffering and site treatment.

(a) Where possible, natural or existing topographic features and patterns that contribute to the beauty and character of a site or neighborhood should be preserved.

(b) Grades of walks, parking spaces, terraces, and other paved areas should provide an inviting appearance and should be of such width, as determined by the Planning Board, to easily accommodate pedestrian movement.

(c) Landscape treatment should be provided to enhance architectural features, strengthen vistas and visual corridors and provide shade.

(d) Unity of design should be achieved by repetition of certain plant varieties and other materials and by coordination with adjacent developments.

(e) Plant material should be selected for interest in its structure, texture and color and in consideration of its ultimate growth pattern. Vegetation indigenous to the area and others that will be harmonious with the design and exhibit a good appearance should be used.

(f) In locations where plants will be susceptible to injury by pedestrian or motor traffic, appropriate curbs, tree guards, or other devices should be installed and maintained. The Planning Board may require the use of markers to delineate curbing and other sensitive features to alert snowplow operators of the existence of such features and curbing.

(g) Parking areas and trafficways should be enhanced with landscaped islands containing trees and tree groupings. The interior (i.e., nonperimeter) areas of a proposed parking area should be appropriately landscaped, and such landscaping shall comprise not less than 10% of the land area of the proposed parking facility.

(h) Screening of service yards, commercial vehicles, commercial trailers, passenger vehicles, parking areas, refuse containers, and other places that tend to be unsightly should be accomplished by use of walls, fencing, planting, or combinations of these with all such enclosures being compatible in material, texture, and color with the principal building or buildings on the site.

(i) Landscaping should be designed and maintained so as not to create hazardous conditions.

(j) Landscaping shall be maintained to preserve its original integrity and intended purpose during the life of the proposed use or project. All approvals granted under this section are expressly conditioned on the maintenance of the approved landscaping during the life of the proposed use or project.

(k) The Board may, at its discretion, consult with one or more persons or firms having experience in landscape architecture and landscape planting as to the appropriate design of lawns and open spaces around proposed buildings and uses and the appropriate species, size and number of plants to be installed. The reasonable cost of any landscaping review shall be borne by the applicant.

(4) Building design.

(a) Proposed building design shall recognize compatible building forms indigenous to the community and the neighborhood in which the project is located. In particular, building design should consider the existing and historic character of the surrounding neighborhood. Adaptive reuse of existing structures is strongly encouraged.

(b) Materials proposed for new structures and the rehabilitation/redesign of existing structures should have good architectural character and should be selected for harmony with traditional building materials. Except when wholly impractical, natural materials should be used.

(c) Building components such as windows, rooflines, doors, eaves, and parapets should have well-designed proportions and relationships to one another and be compatible with the existing and historic character of the surrounding neighborhood.

(d) Mechanical equipment such as air conditioners, satellite dishes, or other utility hardware located on roofs, the ground, or buildings should be screened from public view with materials harmonious with the building, specified as to color so as to blend with their surroundings, or located so as not to be visible from any public way or lands.

(e) Where a proposed project includes signage affixed to the exterior wall of a building or structure, the Planning Board shall review such signs for consistency with the overall building design, including the size, shape and color of letters and symbols.

(5) Water supply and sewage disposal. Projects shall comply with all Health Department standards for water supply and sewage treatment and disposal.

(6) Parking and loading.

(a) Parking shall not be located within a minimum front, side or rear yard setback. The Planning Board may allow parking spaces within a yard setback line if it finds that such parking will not detract from the aesthetic character of the area and is otherwise consistent with the purposes of this section.

(b) The Planning Board shall determine the dimensional requirements for access and internal driveways for the particular use proposed and may require larger dimensions for site driveways and access roads than the minimum dimensions for site driveways and access roads stated elsewhere in this chapter. Driveways for nonresidential uses shall, as much as practicable, be located so that they are aligned with a street or driveway opposite the proposed use.

(c) Notwithstanding the requirements for off-street loading spaces as specified in § 128-56 of this chapter, the Planning Board may require additional space(s) for delivery vehicle loading, may require larger dimensions for each loading space, may require additional setback from adjacent buildings and structures, and may require larger dimensions and means of access for vehicles to such loading spaces than may be stated elsewhere in this chapter.

(d) The design of each parking area and access driveway shall provide adequate room for snow storage.

(e) Parking stalls and access driveways should be oriented, arranged and/or screened such that headlights from parking vehicles and those traversing the site do not shine directly or cause undue glare upon adjoining residential structures.

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

(7) Material and equipment storage and waste containers.

(a) Material and equipment other than as shown on an approved site plan shall be stored so as not to be substantially visible from adjoining or nearby properties and public roads. Storage of materials should be within wholly enclosed structures approved for such use or should be screened from view by fencing or landscaping, or a combination of fencing and landscaping, as determined by the Planning Board. In no case shall the height of stored material exceed the height of such screening. No outdoor storage of material shall be permitted within 100 feet of any residential district or any property used for residential purposes.

(b) Adequate facilities for disposal of refuse shall be provided. All refuse disposal units, or locations for deposit of refuse, should be screened from view and designed so as to be fireproof and/or fire-retardant and to prevent access by rodents, dogs, cats, and vermin. All such enclosures should remain closed at all times and shall be designed to prevent blowing of paper and refuse.

(8) Ecological considerations.

(a) If the site contains wetlands that meet the criteria for classification as federal jurisdictional wetlands, the site plan shall include a recent (not more than two years old) delineation of the on-site wetlands together with a tabulation of the amount of disturbance, if any, to the on-site wetlands. If the amount of proposed disturbance exceeds the threshold for coverage under the United States Army Corps of Engineers (ACOE) Nationwide Permit Program, the application shall also include a jurisdictional determination by the ACOE.

(b) If the site contains wetlands that are classified as state-protected freshwater wetlands, the site plan shall include a delineation of the on-site wetland and the wetland buffer and shall include the signature of the New York State Department of Environmental Conservation personnel charged with verifying the extent and location of the wetland boundary.

(c) The proposal should conform with the existing geological and topographic features, to the end that the most appropriate use of land is encouraged.

(9) Drainage. The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties and the environment. The stormwater management design shall include controls for water quantity and water quality as required under the Phase II stormwater program in accordance with the latest State Pollutant Discharge Elimination System permit and Chapter 98 of the Code of the Town of Bethlehem.

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

(10) Traffic.

(a) All entrance and exit driveways should be located with due consideration for traffic flow, so as to afford maximum safety to traffic on public streets, and shall meet all current design standards of the appropriate state, county or Town authority unless specifically waived or modified by that authority. No entrance or exit should be located within 75 feet of any street intersection, except if aligned directly opposite that intersection.

(b) On-site circulation should be designed for ease of use and to connect safely with adjoining properties where appropriate.

(11) Pedestrian circulation. Pedestrian circulation should be separated from motor vehicle circulation. Appropriate walkways should be provided on the site and its approaches as determined by the Planning Board.

(12) Architectural review. In addition to the requirements of this section and Chapter 103, Subdivision Regulations, during review of any site plan the Planning Board may, at its discretion, consult with one or more persons or firms having experience in building architecture and design matters as to the appropriate design of building exterior facades, fenestration, rooflines, lighting, massing, color and materials. In reviewing the architectural appearance of proposed buildings and landscaping the Planning Board should evaluate the compatibility of the proposed development with that found elsewhere in the vicinity of the project. The architectural review authority of the Planning Board shall not be limited by the provisions of this section but shall extend to the full authority to conduct such reviews as may be conferred on the reviewing agency by the Town Law, the State Environmental Quality Review Act, and this chapter, as amended. The reasonable cost of any architectural consultation and review shall be borne by the applicant pursuant to § 128-85 of this chapter.

(13) Lighting. See § 128-52.

(14) Additional considerations. In addition to the site plan design criteria cited herein, the Planning Board in rendering its decision on a site plan application shall also consider the planning recommendations as set forth in the following documents:

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

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

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

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

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

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

(f) "Delaware Avenue Hamlet Enhancement Study Streetscape and Hamlet Design Standards and Guidelines" Final Report, dated October 26, 2010.

[Added 3-11-2015 by L.L. No. 2-2015]

(g) "Delaware Avenue Hamlet Enhancement Study Transportation Improvement Plan" Final Report, dated February 7, 2011.

[Added 3-11-2015 by L.L. No. 2-2015]

[1] Editor's Note: See Ch. 103, Subdivision Regulations.

F. Fees. An application for a site plan approval shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required pursuant to § 128-85 of this chapter.

G. Approval procedure. Except those applications for which the Planning Board has waived site plan review, within 62 days of receipt of a complete application, the Planning Board may hold a public hearing. If the Board determines that a public hearing will be held, notice of the public hearing shall be published in the official newspaper at least five days prior to the date set for public hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a site plan approval is under consideration by the Board. All notices shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. If an application for site plan approval contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement. The Planning Board shall comply with the provisions of General Municipal Law §§ 239-l and 239-m, as amended.

H. County referral. Prior to action on an application for site plan approval under this section, and except as may be provided as per intermunicipal agreement between the Town of Bethlehem and Albany County, a copy of said application shall be forwarded to the Albany County Planning Board for review pursuant to General Municipal Law § 239-m if the boundary of the property that is the subject of the application is located within 500 feet of:

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

(1) The boundary of any city, village, or town;

(2) The boundary of any existing or proposed county or state park or other recreation area;

(3) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;

(4) The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines;

(5) The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or

(6) The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.

I. Referral to neighboring municipalities. Pursuant to General Municipal Law § 239-nn, for a site plan permit review under this section involving property located within 500 feet of an adjacent municipality, notice of any public hearing shall be given by mail or electronic transmission to the clerk of the adjacent municipality not less than 10 days prior to the date of said hearing.

J. Time of decision. Within 62 days of close of the public hearing, or within 62 days of receipt of a complete application for which the Board has determined that a public hearing will not be held, the Planning Board shall approve, approve with modifications, or disapprove the site plan application. A copy of the Planning Board’s decision shall be filed in the office of the Town Clerk within five days of the date of such decision, and a copy shall be mailed to the applicant. In acting to approve, with or without modifications, a site plan application, the Planning Board may attach such conditions and safeguards as it deems necessary to assure that the purpose and intent of these regulations are complied with. Following site plan approval, or approval with modifications, and prior to expiration of the site plan as provided at § 128-71L(1) of this chapter, the applicant shall submit to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Planning Board as a condition of approval. Upon verification by the Planning Board that the plan complies with the requirements of the approval, the plan shall be endorsed by the Planning Board Chairperson and filed with the Planning Board and Building Inspector.

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

K. Decision. In rendering its decision concerning any site plan application, the Planning Board shall consider the standards of § 128-71E and the applicable design standards of Article V of this chapter and shall consider the nature, arrangement and appearance of all proposed structures, improvements and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses, such that:

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

(1) They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods.

(2) They will have no material adverse effect upon the desirability of such neighborhoods for the uses contemplated by this chapter.

(3) They will be properly related to the uses, goals and policies for land development as expressed in the Town Comprehensive Plan.

(4) Pedestrian and vehicular access, traffic circulation and the general layout of the site are properly planned with regard to the safety of vehicles and pedestrians using the site, as well as those on neighboring properties and streets.

(5) New structures will be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.

(6) The site plan shall reflect an awareness of and sensitivity to the views, terrain, soils, plant life and other unique qualities of the site and shall, to the extent practical, preserve and enlarge upon these assets for recreation, scenic or conservation purposes.

L. Time limit.

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

(1) A site plan approval granted by the Planning Board shall expire 180 days after the granting of said approval unless all conditions and requirements established by said Board as a prerequisite to endorsement of the site plan have been satisfied and said site plan has been endorsed by the Planning Board stamp and the signature of the authorized representative of the Board. Prior to its expiration, the site plan approval may be extended by the Planning Board for up to two additional ninety-day periods.

(2) The site plan approval shall be void if construction is not started within one year of endorsement of the site plan, as provided in Subsection L(1) above, and completed within two years of the date of such endorsement. Prior to its expiration and upon request of the applicant, the site plan approval may be extended by the Planning Board for up to two additional ninety-day periods.

M. Surety. The Planning Board may require in its issuance of a site plan approval that the owner/applicant establish or provide, prior to construction, a cash escrow account, performance bond or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and/or required public improvements associated therewith 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 or his/her designee. 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.

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

N. Site plan amendments. All conditions and required improvements associated with a site plan approved by the Planning Board shall remain in full force and effect until such time that the Board grants an amendment to the approved site plan. The Planning Board shall review any amendment to a previously approved site plan by following the procedures specified in this section and may grant waivers from the information and procedures specified herein where the Board has determined that the proposed amendment does not warrant a full site plan review or a public hearing. In addition, an amendment of a site plan that was approved as part of an application for special use permit approval shall be reviewed by following the procedures specified in this section without the necessity of following the procedures in § 128-69 where the use for which the special use permit was granted has not and will not change as a result of the site plan amendment.

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

O. Appeals. Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court for review pursuant to § 274-a of the Town Law.

§ 128-72 Site plan review and approval for new agricultural uses.

Agricultural uses in existence as of the effective date of this chapter and agricultural uses located in a county agricultural district are permitted by right.

A. The seasonal planting of crops will be exempt from site plan review.

B. For instances where site plan review is required, the Planning Board shall refer to Site Plan Process Guidelines as set forth by the Commissioner of Agriculture and Markets.

C. Fencing must comply with district requirements.