In determining whether a business is a home occupation or home-based business, the Planning Board shall review the performance standards of each. A proposed business that will produce pedestrian or automotive traffic or hazardous or noxious materials, including smoke, fumes, noise, dust, visual impacts and waste, beyond what is generally produced by a single-family residence shall be reviewed a home-based business, unless it can meet all of the standards of §
345-20A.
A. Home occupations. In any legally existing dwelling unit or accessory
structure, a home occupation may be conducted, provided that it is
in compliance with the New York State Uniform Fire Prevention and
Building Code and the following Town performance standards:
(1) Space/floor area devoted to home occupation. A home occupation shall
be conducted only within the dwelling unit or an accessory building.
It shall not occupy more than 25% of the floor area of the dwelling
unit. A home occupation within a detached accessory building on the
premises shall not occupy more than 500 square feet of floor space.
(2) Appearance. In no way shall the appearance of the residential structure
or the premises be altered by a home occupation, nor shall the home
occupation be conducted such that the structure or premises differs
from its residential character by the use of colors, materials, premises
layout, construction or lighting.
(3) Home occupations involving classes or instruction. If the home occupation
is the type in which classes or instruction is given, there shall
be no more than five students or pupils in the dwelling unit or on
the premises at any one time.
(4) Number of employees. Home occupations shall not employ more than
one nonresident of the household on-premises on a regular basis.
(5) Outdoor display and storage. There shall be no outside operations,
storage or display of products, materials, goods, supplies or equipment
associated with the home occupation.
(6) Off-street parking. The home occupation shall require a minimum of
two off-street parking spaces, for clients or customers, in addition
to the off-street parking spaces required for the residence.
(7) Home deliveries. Deliveries shall not exceed those normally and reasonably
occurring from a residence and shall not include more than an average
of four deliveries of products or materials per day.
(8) Signs. All signs shall be subject to the requirements of §
345-23, Signs.
(9) Adverse impacts. A home occupation shall not be permitted to produce
any offensive noise, lighting, vibration, smoke, electrical interference,
dust, odors or heat. Any noise, vibration, electrical interference,
dust, odors or heat detectable beyond the property lines shall constitute
a violation of the terms of this provision.
B. Home-based businesses. Home-based businesses, including businesses
that rely upon attraction of the general public (e.g., in-person retail
sales and personal service establishments) or involve the outdoor
storage of materials or equipment are permitted as special uses in
the AG and RD Districts subject to the following conditions:
(1) Site plan approval is required pursuant to §
345-31 of this chapter.
(2) In no way shall the appearance of the residential structure or the
premises be altered by a home occupation, nor shall the home occupation
be conducted such that the structure or premises differs from its
residential character by the use of colors, materials, premises layout,
construction or lighting.
(3) Space/floor area devoted to home-based business. A home-based business
shall be conducted only within the dwelling unit or an accessory building.
It shall not occupy more than 25% of floor area of the dwelling unit,
and in no event shall the total area devoted to such use exceed 1,000
square feet. A floor plan showing the area to be devoted to the home-based
business within the principal or accessory structure shall be required.
(4) Number of employees. Home-based businesses shall not employ more
than three nonresidents of the household on-premises on a regular
basis.
(5) Off-street parking. The home-based businesses shall require a minimum
of two off-street parking spaces per 150 square feet devoted to this
component of land use, in addition to the off-street parking spaces
required for the residence. Off-street parking for the home-based
business shall not be permitted in the required front yard.
(6) Deliveries. Deliveries shall not exceed those normally and reasonably
occurring from a residence and shall not include more than an average
of six deliveries of products or materials per day.
(7) Signs. All signs shall be subject to the requirements of §
345-23, Signs.
(8) Outdoor display. No outdoor display of any items shall be permitted
unless specifically approved by the Planning Board and shown for temporary
use on the site plan. Any area to be used for such temporary outdoor
display of items shall be specifically delineated on the site plan.
(9) Outdoor storage. Outside use, storage or placement of vehicles, items
and/or materials shall only be permitted as specifically shown on
an approved site plan as a "storage area" and as expressly permitted
by the Planning Board. Any storage area shall be laid out to avoid
or limit visibility to adjoining properties and public roadways, to
maintain a net and orderly appearance, to avoid any potential hazard
or nuisance. The Planning Board may impose specific limitations relating
to such storage areas, including but not limited to retaining vegetation,
screen plantings and/or installing opaque fencing.
(10)
Inside storage. Home-based businesses involving the use of construction
or other heavy equipment (e.g., lawn maintenance and landscaping businesses)
and similar enterprises requiring storage of materials or equipment
shall provide an inside storage area for all such materials and equipment,
which such inside storage area shall be confined to one or more buildings
not exceeding 25% of the total habitable floor area of the dwelling
involved.
(11)
Adverse impacts. A home occupation shall not be permitted to
produce any offensive noise, lighting, vibration, smoke, electrical
interference, dust, odors or heat. Any noise, vibration, electrical
interference, dust, odors or heat detectable beyond the property lines
shall constitute a violation of the terms of this provision.
Wherever a commercial or manufacturing or other nonresidential
use, with the exception of agricultural activities and home-based
businesses, is proposed as a special use, the following performance
standards shall apply and be an additional basis for review of the
special use application. The Code Enforcement Officer shall ensure
these standards are met prior to issuing a certificate of occupancy
for the use and may require the applicant(s) to provide documentation
of compliance.
A. Where a commercial or manufacturing use is contiguous to an existing residential use in any district (including those situated on the opposite side of a highway) or any approved residential lot in an RS District, the Planning Board may require that the minimum front, side and rear yards be increased by up to 50%. The Board may also require, for purposes of separating incompatible activities or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is already wooded. See also §
345-16.
B. All activities involving the manufacturing, production, storage,
transfer or disposal of inflammable and explosive materials shall
be provided with adequate safety devices against the hazard of fire
and explosion. Fire-fighting and fire-suppression equipment and devices
shall be provided pursuant to National Fire Protection Association
guidelines. The burning of waste materials in open fires is prohibited.
Details of the potential hazards and planned safety and accident response
actions shall be provided by the applicant, and the Planning Board
may require greater front, side and rear yards and/or fencing.
C. No activities shall be permitted which emit dangerous radioactivity
or electrical disturbance adversely affecting the operation of any
equipment other than that of the creator of such disturbance.
D. Any noise produced by the proposed use shall be subject to the applicable requirements of Chapter
220 of the Code entitled "Noise."
E. No vibration shall be permitted on a regular or continuing basis
which is detectable without instruments at the property line.
F. Lighting.
(1) All lighting shall be designed so as to avoid unnecessary or unsafe
spillover of light and glare onto operators of motor vehicles, pedestrians
and land uses in proximity to the light source. Light sources shall
comply with the following standards:
|
Type of Light Source
|
Maximum Illumination Permitted at Property Line
(footcandles)
|
Maximum Permitted Height of Light
(feet)
|
---|
|
Globe light
|
0.20
|
15
|
|
Greater than 90% cutoff
|
0.75
|
25
|
|
Less than 90% cutoff
|
2.00
|
30
|
(2) No direct or sky-reflected glare, whether from floodlights or from
high-temperature processes such as combustion or welding or other
sources, so as to be visible at the property line on a regular or
continuing basis, shall be permitted.
G. No emission shall be permitted on a regular or continuing basis,
from any chimney or otherwise, of visible gray smoke of a shade equal
to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published
by McGraw-Hill Publishing Company, Inc., and copyright 1954.
H. No emission of fly ash, dust, fumes, vapors, gases and other forms
of air pollution shall be permitted on a regular or continuing basis
which can cause any damage to health, to animals, vegetation, or other
forms of property, or which can cause any excessive soiling.
I. All activities involving the possible contamination of surface water
or groundwater shall be provided with adequate safety devices to prevent
such contamination. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
J. Whenever a vehicle and equipment sales and repair, mechanical or
body repair use is proposed as a special use, or as an expansion of
an existing nonconforming use, the following additional performance
standards shall apply:
(1) All mechanical and body repair work, except for incidental repairs,
shall be performed within buildings.
(2) All automobile or vehicle parts, new or used, shall be stored within
buildings.
(3) Vehicles which are temporarily on the property waiting to be repaired
shall be stored in an area which meets the minimum yard and buffer
requirements applicable for the district and the use.
K. Whenever a kennel use is proposed as a special use, the following
additional performance standards shall apply:
(1) Such kennel shall be located no closer than 300 feet to any property
line.
(2) A planted evergreen tree buffer shall be established along the rear
and side yards of the property. Evergreen trees shall be double-rowed
in an offset pattern with spacing of no more than six feet and no
less than three feet high when planted. The Planning Board may also
require a landscaping bond to ensure maintenance of such buffer.
(3) A minimum lot area of 10 acres shall be required for any kennel operation.
No kennel operation of more than 20 dogs of four months of age shall
be established unless there shall be a minimum of one acre of lot
area per dog, larger numbers of dogs being likely to create more noise
and requiring proportionally greater lot area.
(4) All adult dogs must have current rabies protection at all times, and the operation of the kennel shall otherwise comply with all applicable conditions of Chapter
83 of the Code entitled "Animals." A management plan shall be prepared as part of any special use application for a kennel. Such special use permit, if granted, shall be subject to review and approval by the Planning Board, with renewal on an annual basis based upon conformance with said Code and management plan. Renewal of special use permits may also be conditioned upon posting of a bond to ensure conformance if there has not been full conformance in previous years.
(5) The site must be reviewed by the Town of Bethel's Animal Control
Officer at least once per year and a record of that review and any
others filed with the Building Department for use in evaluating conformance
for renewal purposes.
(6) No kennel shall be operated on any property which lacks a full-time
manager or resident manager to deal with problems of noise and other
impacts on adjoining properties.
(7) All animals shall be restrained from:
(a)
Running at large other than on premises owned or operated by
the owner;
(b)
Engaging in habitual loud howling, barking, crying or whining
or conducting itself in such a manner so as to unreasonably and habitually
disturb the comfort or repose of any person other than the owner of
such dog;
(c)
Uprooting, digging or otherwise damage any vegetables, lawns,
flowers, garden beds or other property not belonging to the owner
of such dog;
(d)
Chasing, jumping upon or at or otherwise harassing any person
in such a manner as to reasonably cause intimidation or fear or to
put such person in reasonable apprehension of bodily harm or injury;
(e)
Habitually chasing, running alongside or barking at motor vehicles
while on a public street or highway or upon public or private property
other than the property of the owner or harborer of said dog; and
(f)
Creating a nuisance by defecating, urinating or digging on public
property or private property other than the property of said owner.
(8) Establishment of the fact or facts that the owner of a dog has allowed
or permitted such dog to commit any of the acts prohibited above shall
be presumptive evidence against the owner or harborer of such dog
that he or she has failed to properly confine or control such dog.
(9) The Planning Board shall be also authorized to further impose special
setbacks, buffers and other measures to limit noise, odor, water pollution
and other impacts on adjacent properties.
(10)
It shall be unlawful for any kennel to own, harbor or keep in
custody any dog that disturbs the peace by barking between the hours
of 7:00 a.m. and 9:00 p.m. for more than 1/2 hour or between 9:00
p.m. and 7:00 a.m. barking for more than five minutes. Such behavior
shall be deemed to disturb the peace and create a nuisance, which
may be remedied by imposition of the various penalties and other remedies
provided for herein, following failure to correct after written warning
from the Town.
(11)
Existing nonconforming kennels shall not be expanded unless located in an AG Agricultural District. All expansions of existing nonconforming kennels within AG Districts shall meet the requirements of this §
345-21K. Also, no existing kennel shall be expanded unless said facility is first brought into conformance with this §
345-21K.
L. Whenever a new manufacturing use or light industrial use is proposed,
or such use is proposed as an expansion of an existing nonconforming
use, the following additional performance standards shall apply:
[Added 4-26-2012 by L.L. No. 1-2012]
(1) All manufacturing use or light industrial use processes shall be
performed within an enclosed structure.
(2) All storage of raw materials used in any manufacturing use or light
industrial use process and any waste generated from any manufacturing
use or light industrial use process shall be stored in an enclosed
structure or a container made from impervious materials which prevents
exposure of its contents to the ambient elements.
(a)
Upon application, the Planning Board may waive the requirement
that raw materials be stored in an enclosed structure or impervious
container if the applicant is able to show to the satisfaction of
the Planning Board that the storage of the raw materials will not
cause contamination and the storage of such raw materials in an enclosed
structure or impervious container is not practicable.
Manufactured homes and manufactured home parks shall be subject to the requirements of Chapter
214 of the Code entitled "Mobile Home Parks" and the following standards and review criteria:
A. Individual manufactured homes shall be subject to all the regulations
applicable to other single-family detached dwellings. They may be
installed in Rural Development (RD), Rural Development Residential
(RD-R), Agricultural (AG), or Agricultural Residential (AG-R) Districts,
on a single lot not in a manufactured home park, provided that they
meet the following specific standards.
B. Standards applicable to individual manufactured homes.
(1) General regulations.
(a)
A manufactured home may be placed in the Town only after obtaining
a building permit and shall require a certificate of occupancy before
initial occupancy.
(b)
Manufactured homes located outside of manufactured home parks
shall comply with all area and bulk requirements that apply to single-family
houses in the same zoning district.
(c)
Manufactured homes shall be connected to an adequate supply
of potable water; shall be connected to a public sewer system or septic
system constructed in accordance with all state and local regulations;
and shall be connected to all appropriate utilities such as electric
power, telephone, propane gas and fuel oil. All of the foregoing connections
or services shall be provided to the manufactured home within 60 days
of issuance of the permit for placement of the manufactured home.
(2) Manufactured home standards. All manufactured homes installed in
the Town of Bethel shall meet the following minimum requirements:
(a)
All manufactured homes hereafter erected in the Town shall have
been manufactured in 1978 or thereafter; be Underwriters Laboratories
certified; and bear the seal of the United States Department of Housing
and Urban Development.
(b)
All manufactured homes shall have roofs, with a minimum pitch
of three vertical to 12 horizontal.
(c)
All manufactured homes shall have not fewer than two means of
ingress/egress.
(d)
All bottled gas units of 300 pounds or greater capacity shall
be chained to a concrete slab if located in a flood hazard area or
directly adjacent to any stream.
(3) Permanent placement of manufactured homes on site.
(a)
Manufactured homes shall be installed on a load-bearing foundation,
such as a crawl space or full basement, or placed on a concrete slab
with skirting. Skirting shall be made of a fire-retardant material
specifically designed for the application to manufactured homes as
skirting or consist of a permanently installed masonry wall. Such
skirting shall close off the area between the manufactured home body
and the slab.
(b)
The skirting shall be capable of removal to provide access to
the closed off area or, in the case of masonry walls, contain two
doors or openings on opposite sides of the structure to allow access
to the closed off area for maintenance and emergency access.
(c)
The structure frame of the manufactured home must be securely
attached to the foundation or concrete slab in four or more locations
to ensure stability of the manufactured homes.
(d)
Permanent steps and handrails shall be constructed at all access
points of the manufactured home to ensure a safe means of ingress/egress
into the dwelling unit.
(4) Exceptions to permanent placement requirements.
(a)
Construction field office. A single mobile home or manufactured
unit may be temporarily located in any zoning district for use as
a construction field office. A construction field office may not be
installed prior to 30 days before the commencement of the construction
project and must be removed within 30 days after the completion of
the construction project.
(b)
Temporary placement of mobile homes or manufactured homes. It
shall be unlawful to store any mobile home or manufactured home on
any property within the Town of Bethel for a period in excess of 30
days.
(c)
Prohibited uses for mobile homes or manufactured homes. Mobiles
homes, as a legal nonconforming use, and manufactured homes shall
be used for single-family dwelling purposes only. All other uses,
including but not limited to use as a warehouse, storage shed, tool
shed, outbuilding or garage, are prohibited.
(d)
Nonconforming mobile homes. Any mobile home in existence at
the time of the adoption of this chapter which is not in full compliance
with this chapter may remain in its existing location but may not
be otherwise relocated within the Town. No mobile home previously
occupied as a dwelling may be converted to a use prohibited by this
chapter.
C. Manufactured home park special use and site plan review criteria. The Planning Board shall, in reviewing and acting upon special use applications for manufactured home parks, apply the requirements of Chapter
214 of the Code entitled "Mobile Home Parks" and the following standards and review criteria:
(1) The location of the park shall be one demonstrably suitable for such
use, with proper drainage and provisions for stormwater control such
that the amount of water leaving the site after development shall
not be greater than prior to development.
(2) There shall be documentation of the availability and adequate capacity
of all utility providers to service the park. Off-site centralized
sewage treatment and water supply facilities shall be provided.
(3) The park shall be designed to provide maximum open space consistent with the minimum mobile home lot size requirements of Chapter
214 of the Code entitled "Mobile Home Parks" and offer buffering of individual manufactured homes from each other and from other adjoining lot owners. It shall be landscaped so as to develop and maintain a high-quality aesthetic environment and neighborhood character for prospective new and existing residents.
(4) Adequate provisions shall be made for outside storage space, and
these shall not in any way interfere with emergency access.
(5) Adequate provisions shall be made to control potential nuisance situations
such as accumulation of unused materials or vehicles.
(6) Each multifamily development shall comply with §
300-23 or shall include a recreation area that is designed, improved and maintained for the use of the residents of the development and their guests. The recreation area shall contain at least 400 square feet of lot area per dwelling unit and provide common active recreational facilities, such as swimming pools, playing courts (tennis, basketball, volleyball), playground equipment, etc. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.
(7) All roadways shall be constructed to standards which will facilitate
dedication to the Town of Bethel.
(8) There shall be adequate groundwater supplies to support the proposed
water system without causing a detrimental impact on adjoining water
supplies, and evidence of this shall be provided and professionally
reviewed.
(9) The management and operations plan for the park shall provide for
maintenance of all common facilities and ensure that the purposes
and requirements of this chapter are met. It shall also provide for
limitation of occupancy to manufactured homes meeting U.S. Department
of Housing and Urban Development regulations under the Manufactured
Housing Act.
(10)
Mixed-use residential developments wherein manufactured homes and other single-family detached dwellings are both provided shall be encouraged where the other criteria contained herein can be met. All other single-family detached development, however, shall comply with the requirements of this chapter and Chapter
300 of the Code entitled "Subdivision of Land."
(11)
The manufactured home park shall not result in an overconcentration
of such uses in a particular area of the Town.
(12)
The manufactured home park shall not have a detrimental or negative
impact on adjacent properties or the general welfare of the residents
of the Town of Bethel.
(13)
If a proposed park is one judged to present detrimental impacts,
the Planning Board shall consider whether an approval could be conditioned
in such a manner as to eliminate or substantially reduce those impacts.
(14)
The Planning Board shall also consider whether the park will
have a positive or negative effect on the environment, job creation,
the economy, housing availability or open space preservation, and
the application shall comply fully with the requirements of the SEQRA.
Multifamily residential dwellings are hereby permitted within the RD-R Rural Development Residential District, RS Residential Settlement District, CS Community Settlement District and C-17B Highway Commercial District in order to provide suitable opportunities within the Town for the development of housing designed to satisfy the needs of households of various income ranges and to permit a broad array of housing types, dwelling unit sizes and forms of ownership/occupancy within the Town of Bethel. Multifamily dwelling developments shall be subject to site plan approval as provided at §
345-31 and the additional standards provided within this section.
A. Application procedure. The procedure for approval of a proposed multifamily
development in accordance with this section shall involve a two-stage
review process: approval of a preliminary development concept plan
and subsequent approval of a detailed final development site plan
by the Planning Board.
B. Preliminary development concept plan approval by the Planning Board.
The applicant shall provide a conceptual site plan showing the proposed
layout of the multifamily residential development. The application
shall include the following information:
(1) The names and addresses of the property owner, the applicant, if
other than the owner, and of the planner, engineer, architect, surveyor
and/or other professionals engaged to work on the project.
(2) Where the applicant is not the owner of the property, written authorization
from the owner for the submission of the application.
(3) A written statement, describing the nature of the proposed project,
how it is designed to serve the purposes of this chapter (including
its consistency with the Town Comprehensive Plan), an analysis of
the site's relationship to immediately adjoining properties, the availability
and adequacy of community facilities and utilities to serve it, the
safety and capacity of the street system in the area to handle the
anticipated traffic generation and such other information as may be
required by law or determined necessary by the Planning Board to properly
enable them to review and decide upon the application.
(4) A written statement of the proposed method of ownership and maintenance
of all common utilities, facilities and open space lands within the
proposed development.
(5) A full environmental assessment form (EAF) Part 1 pursuant to the
Part 617 of the State Environmental Quality Review Act (SEQRA).
(6) A preliminary development concept plan for the entire proposed project,
drawn to a convenient scale, and including the following items of
information:
(a)
An accurate boundary line survey of the property prepared by
a licensed engineer or land surveyor and including the exact area
of the property in both acres and square feet.
(b)
A map of existing terrain conditions, including topography with
a vertical contour interval of no more than two feet, significant
areas with slopes of 15% or more, identification of soil types (including
wetlands), existing drainage features, major rock outcroppings, the
extent of existing wooded areas and other significant vegetation,
existing stone walls, etc.
(c)
A site location sketch indicating the location of the property
with respect to neighboring streets and properties, including the
names of all owners of property within 500 feet thereof; this should
also show the existing zoning of the property and the location of
all zoning district boundaries in the surrounding area. The location
of existing septic fields and wells on adjoining properties shall
be shown on the map.
(d)
A preliminary site development plan indicating the approximate
location, height and design of all buildings, the arrangement of parking
areas and access drives and the general nature and location of other
proposed site improvements, including recreational facilities, landscaping
and screening, the stormwater drainage system, water and sewer connections,
and/or central subsurface sewage disposal systems, etc.
(e)
A generalized time schedule for the staging and completion of
the proposed project.
(7) Decision on preliminary development concept plan. Within 62 days
of receiving a complete application for a preliminary development
concept plan, the Planning Board shall either approve, disapprove
or recommend modifications to the concept plan.
C. Final development site plan approval by the Planning Board. After receipt of preliminary development concept plan approval, the applicant shall submit a final development site plan in accordance with §
345-31 of this chapter and required supplementary data for the proposed multifamily development as described in §
345-27C(1) to
(4) of this chapter. Approval of the final development plan shall follow the procedures outlined in §
345-31 of this chapter in addition to the following standards:
(1) Preservation and maintenance of common areas. Permanent preservation
of such recreation areas and open space shall be legally assured,
to the satisfaction of the Planning Board, by the filing of appropriate
covenants, deed restrictions, easements or other forms of agreements
in a form approved by the Town Attorney or attorney for the Town.
It shall be the property owner's responsibility to maintain all open
space and recreation areas and such other common areas within the
owner's control, including but not limited to streets, driveways,
curbs, sidewalks, landscaping, lighting and public hallways, in a
safe, clean and orderly condition. Such maintenance shall include
removal of snow from internal streets, driveways and walks. In the
event that the maintenance, preservation and/or use of the conserved
land areas and common facilities ceases to be in compliance with any
of the requirements of this section or any other requirements specified
by the Planning Board when approving the site plan, the Town shall
be granted the right to take all necessary action to assure such compliance
and to assess against the property owner all costs incurred by the
Town for such purposes.
(2) It is the intent of this section that the responsibilities and obligations
of the property owner that continue after any multifamily development
has been constructed will be assumed in their entirety by a property
owners' association or other legal entity organized prior to the offering
of the first unit for occupancy. Membership in the property owners'
association shall be mandatory for all property owners in the development.
Such association shall be incorporated, shall be responsible for maintenance,
liability insurance and local taxes and shall be empowered to levy
assessments against property owners to defray the cost of maintenance
and to acquire liens, where necessary, against property owners for
unpaid charges or assessments. In the event that the property owners'
association fails to perform the necessary maintenance operations,
the Town of Bethel shall be authorized to enter upon such premises
for the purpose of performing such operations and to assess the cost
of so doing against the association and/or each individual property
owner equally.
(3) The association or manager, as the case may be, shall be responsible
for maintenance, repair and replacement of the common areas of the
development, including buildings and, if applicable, the furniture,
fixtures and equipment within the units. The project instruments shall
specify the expenses which the maintenance organization may incur
and collect from purchasers as a maintenance fee and secure maintenance
of the project as well as enforcement of applicable covenants and
restrictions in perpetuity. The Planning Board may require that a
certified public accountant review such financial data for purposes
of determining that proposed fees are, in fact, adequate to secure
maintenance on a continuing basis.
(4) The developer shall, in filing a preliminary plat, provide a narrative
description of how responsibility for maintenance and care of the
units and common areas will be assured and a pro forma operating budget
for the maintenance organization, including a breakdown of the common
expense to be borne by the maintenance organization and a separation
of long-term maintenance costs from ongoing routine maintenance costs.
There shall also be provided a narrative description of how the developer
proposes to assure maintenance and care of the units and common facilities
during any sales program, based on which the Planning Board may require
additional temporary facilities to accommodate service demands. Copies
of all applicable instruments shall be provided, for purposes of determining
that long-term arrangements for maintenance of common facilities have,
in fact, been made by the developer and/or with the occupants.
D. Design standards. The following design criteria shall apply to multifamily
developments:
(1) Permitted density. Multifamily dwelling density shall be as set forth
in Schedule I and shall be calculated by taking the total acreage of
the development and deducting the following acreages:
(a)
The surface area at the high-water mark of any river, stream,
lake or pond;
(b)
DEC-designated wetlands, together with a buffer of 100 feet
from the edge of such designated wetlands;
(c)
Public rights-of-way for highway purposes;
(d)
For public roads without dedicated rights-of-way, a theoretical
right-of-way 50 feet in width measured 25 feet each side of the center
line of such public road;
(e)
Utility easements, except for utility easements relating to
the provision of utility services to individual structures;
(f)
Fifty percent of any land area located within the one-hundred-year
floodplain as designated by FEMA.
(2) Building design and placement.
(a)
Units per building. There shall be no more than 10 dwellings
in each multifamily building.
(b)
Building setbacks. All building setbacks shall be in conformance
with applicable standards set forth in the Table of Use and Bulk Requirements.
(3) Water and sewerage facilities.
(a)
Where, in the opinion of the Planning Board, connections to
existing facilities are possible and warranted, sanitary sewers and/or
water mains shall be connected to such existing facilities in the
manner prescribed by regulation of the appropriate sewer, water or
fire district or other agency having jurisdiction.
(b)
Where connection to existing off-site water or sewerage facilities
is not possible or not warranted, a central water supply and sewage
treatment system shall be designed and constructed to serve all dwelling
units in accordance with the standards and subject to the approval
of the New York State Department of Health and the New York State
Department of Environmental Conservation. At the discretion of the
Town Board, the sewage treatment system may be subject to a sewage-works
agreement between the applicant and the Town Board.
(c)
Where future service by off-site water and/or sewerage systems
is planned, all on-site facilities shall be designed and located in
such a way as to readily permit their connection and/or conversion
to the off-site systems at such time as they are constructed.
(4) Traffic access.
[Amended 4-14-2010 by L.L. No. 2-2010]
(a)
Traffic access shall be adequate to accommodate the anticipated
traffic generation resulting from the multifamily development proposed
thereon or, if not presently adequate, that necessary improvements
can and will be made prior to project occupancy.
(b)
Access roads through the development shall comply with minor
street requirements as specified in this chapter.
(c)
No multifamily development shall be served by more than one
entrance and one exit from any public highway, unless topography or
other physical circumstances would preclude the use of a single entrance
in a safe manner.
(5) Parking. A minimum of two off-street parking spaces shall be provided
for each multifamily dwelling unit. In addition, the following special
standards shall apply:
(a)
At least 20% of the minimum number of required parking spaces
shall be designed and reserved for the use of visitors and guests.
(b)
The Planning Board may require, if deemed appropriate, the provision
of suitably screened and located parking areas for the storage of
recreational vehicles belonging to development residents.
(c)
All maintenance vehicles or equipment shall be stored in enclosed
structures only, which structures shall conform in architectural theme
to the residential buildings of the development.
(d)
No more than 60 parking spaces shall be provided in one lot, nor more than 12 in a continuous row, without being interrupted by landscaping in accordance with standards established by §
345-16 of this chapter.
(6) Stormwater management. No final development plan shall be reviewed
or approval granted until the Planning Board receives a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications of the New York State Stormwater Management Design
Manual and New York Standards and Specifications for Erosion and Sediment
Control. The applicant shall investigate and determine the feasibility
of constructing an on-site stormwater system of treatment and control
system or connecting to an existing off-site stormwater system. In
the event the applicant constructs an on-site stormwater system of
treatment and control system, the applicant and the Town shall enter
into a developer's agreement establishing the requirements for the
ownership and maintenance of such on-site system, which agreement
shall be approved by the Town Board and also approved by the Town
Attorney as to form and manner of execution and the Town Engineer
as to sufficiency.
(7) Recreation area and open space.
(a)
Recreation area. Each multifamily development shall comply with §
300-23 or shall include a recreation area that is designed, improved and maintained for the use of the residents of the development and their guests. The recreation area shall contain at least 400 square feet of lot area per dwelling unit and provide common active recreational facilities, such as swimming pools, playing courts (tennis, basketball, volleyball), playground equipment, etc. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.
(b)
Open space. All portions of any multifamily development, including
required setback areas, shall be designed and maintained as permanent
open space, free of buildings and parking areas, and shall be landscaped
or preserved in a natural state in accordance with plans approved
by the Planning Board.
(8) Screening and buffering. Where a property line is not wooded, a planting
strip of 50 feet in width shall be required to buffer adjoining property
owners and ensure privacy. Similar buffering of areas adjoining county
and state highways shall be required. A landscaping plan shall also
be prepared and submitted to the Planning Board for approval.
(9) Refuse collection, storage and disposal. Plans for the collection,
storage and disposal of refuse within any multifamily development
shall be subject to Planning Board approval as part of its review
of detailed site development plans. The outside storage of refuse,
if permitted, shall be in rodentproof containers conveniently located
and enclosed or otherwise screened from view. Such facilities shall
comply with all setback requirements applicable to principal buildings.
(10)
Underground utilities. All utilities within any multifamily
development, including electric, telephone and cable, shall be placed
underground.
(11)
Fire protection. All site plans for multifamily development
shall provide proper access for fire-fighting equipment and personnel
and shall provide hydrants in such number and location and with such
water supply and pressure as shall be determined adequate by the Fire
District and approved by the Planning Board as part of its review
of final site development plans. Interior fire separation is required.
(12)
Other requirements.
(a)
Central antenna system. If cable television service is not available
to serve a proposed multifamily development, a central radio/television
antenna system shall be provided for each such development or for
each grouping of attached dwelling units within it. Separate exterior
antennas for individual multifamily dwelling units shall not be permitted.
(b)
Exterior lighting. Exterior lighting shall be provided according
to a lighting plan approved by the Planning Board.
[Amended 3-24-2011 by L.L. No. 1-2011]
A. Design and location standards. The following design and location
standards shall apply to all telecommunications facilities:
(1) An eight-foot-high security fence shall completely surround the tower
(and guy wires, if used) and equipment building.
(2) An evergreen screen consisting of a row of evergreen trees, planted
10 feet on center maximum, shall be located around the perimeter of
the security fence, and existing vegetation (trees and shrubs) shall
be preserved to the maximum extent possible.
(3) The tower shall be designed and constructed to all applicable standards
of the American National Standards Institute, ANSI/TIA/EIA-222-G manual,
as amended.
(4) A soil report prepared by a professional engineer licensed in the
State of New York shall be submitted to the Planning Board to support
the design specifications of the foundation for the tower, and anchors
for the guy wires, if used.
(5) Towers and antennas shall be designed to withstand wind gusts of
at least 100 miles per hour or in accordance with applicable standards
of the American National Standards Institute, ANSI/TIA/EIA-222-G manual,
whichever standard is more restrictive.
(6) An antenna may not be located on a building or structure that is
listed on an historic register or within 500 feet of such a structure.
(7) Telecommunications facilities shall be permitted as a sole use on any lot in the FC, RD, AG, PA and AD Zoning Districts. In addition, telecommunications facilities shall be permitted as a sole use on any lot in the RS Zoning District upon receipt of a telecommunications facility permit from the Town of Bethel Town Board in accordance with §
345-28D hereof. All telecommunications facilities shall be subject to special use procedures and the following:
(a)
Minimum lot size: five acres. Minimum lot size requirements may be reduced by the Planning Board pursuant to §
345-28C where an antenna is to be mounted on an existing structure and said antenna has little or no visual impact and poses no unreasonable structural health or safety risk.
(b)
Minimum yard requirements: 200 feet. Minimum yard requirements may be reduced by the Planning Board pursuant to §
345-28C where an antenna is to be mounted on an existing structure and said antenna has little or no visual impact and poses no unreasonable structural health or safety risk. Where a lot upon which a tower is to be sited is contiguous to an existing residential use or any approved residential lot, the Planning Board may require that the minimum front, side and rear yards be increased by not more than 50% of the yard requirements established in this section.
(c)
Maximum height.
[2]
Equipment building: 30 feet.
(8) A telecommunications facility shall be permitted on real property with an existing use and located in the zoning districts as set forth in §
345-28A(7) and shall be subject to the requirements and limitations of said section and the following additional conditions:
(a)
The telecommunications facility shall be fully automated and
unattended on a daily basis and shall be visited only for periodic
maintenance.
(b)
Minimum setbacks. The minimum yard requirements set forth in §
345-28A(7) shall apply, provided the principal use on the lot shall also continue to comply with the minimum yard requirements for the district in question.
(c)
Access. The vehicular access to the equipment building shall,
whenever feasible, be provided along the circulation driveways of
the existing use.
(9) Where an antenna for a telecommunications facility is to be attached
to an existing structure or building it shall be subject to the following
conditions:
(a)
Maximum height: 50 feet above the existing building or structure,
unless said structure is a tower, in which case the antenna shall
not cause the structure to exceed the maximum allowable height of
the tower (200 feet).
(b)
If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the minimum setback requirements for the subject zoning district, an eight-foot-high security fence shall surround the building, a buffer yard or area shall be planted as required by §
345-28B(2), and vehicular access to the building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(c)
Elevations of existing and proposed structures showing width,
depth and height, use statistical data on the antenna and support
structure shall be presented.
(10)
When preparing the site plan to meet the special use requirements,
the applicant shall specify on the site plan the designated fall zone
for any tower. Notwithstanding minimum yard requirements provided
for above, any tower shall be set back from all property lines a distance
that is at least equal to the height of the tower. The tower shall
also be set back from any active recreation facilities or fields a
distance that is at least equal to the height of the tower.
B. Special use review criteria. Telecommunications facilities shall be subject to applicable review requirements for special uses, as set forth at §
345-30 of this chapter, and the following:
(1) The applicant shall demonstrate that the tower for the telecommunications
facility is the minimum height necessary for the service area and
that the site chosen is the one which will afford the opportunity
to construct the lowest height tower possible, taking into consideration
all lands available within a reasonable distance, including those
which may lie within adjoining municipalities.
(2) The applicant shall present documentation that the tower is designed
in accordance with the standards of this chapter for telecommunications
facilities.
(3) The applicant shall demonstrate that the proposed tower adequately
addresses all aspects of aviation safety in view of known local aviation
traffic as well as FAA requirements.
(4) The need for additional buffer yard or area treatment beyond that required by §
345-28B(2) shall be evaluated. Proximity of the telecommunications facility to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.
(5) The applicant shall provide visual depictions or studies to indicate
how the telecommunications facility will appear once constructed in
relation to the surrounding natural environment and from the perspective
of adjacent or nearby residents as well as travelers. The Planning
Board may require the applicant to complete a visual assessment form.
Modifications for purposes of changing appearances to blend in with
the natural landscape may be required where necessary.
(6) Where the telecommunications facility is located on a property with
another principal use, the applicant shall present documentation that
the owner of the property has granted an easement for the proposed
facility and that vehicular access is provided to the facility. In
all cases, a road and parking shall be constructed and maintained
to assure adequate emergency and service access.
(7) Freestanding pole-type towers shall be given preference over towers
supported by guy wires.
(8) All telecommunications facilities shall be lighted for safety in
a manner consistent with industry best practices, and where lighting
is to be installed, additional setbacks may be imposed by the Planning
Board to shield adjacent properties from the effects of such lighting.
(9) All property owners and adjacent municipalities within 500 feet of
the outside perimeter of the telecommunications facility, including
guy wires, shall be notified by certified mail at least 10 days prior
to the public hearing on an application for special use approval for
such facility. This responsibility shall be the applicant's, and such
applicant shall provide proof of notification to the Planning Board.
(10)
The owner or operator of any telecommunications facility, or
owner of the land on which any telecommunications facility is located,
shall promptly remove the same within 60 days from the abandonment
of use of any such telecommunications facility. Upon expiration of
the sixty-day period set forth herein, the Town may remove the telecommunications
facility and charge back the cost of removal to the owner of the telecommunications
facility or owner of the land in question, after due notice and an
opportunity to be heard. The Town may also file a municipal lien against
the land to recover its costs of removal of any telecommunications
facility as well as any reasonable attorney's fees incurred. The terms
and conditions of this subsection shall be incorporated into every
special use permit issued under this section.
(11)
Mounting antennas on existing structures where the visual impact
is slight and the health and safety risk relating to structural integrity
is small or shared use of existing towers for telecommunications facilities
shall be preferred.
(a)
An applicant intending to use a structure or share use of an
existing tower for a telecommunications facility shall be required
to document agreement from the owner thereof to allow the proposed
use. The applicant shall pay all reasonable fees and costs of adapting
an existing tower or structure to a new shared use. Those costs include
but are not limited to structural reinforcement, preventing transmission
or receiver interference, additional site screening and other changes,
including real property acquisition or lease costs required to accommodate
shared use.
(b)
An applicant for approval of a telecommunications facility shall
include with the application evidence of written contact with tower
owners and/or all wireless service providers who supply service within
the Town for the purpose of assessing the feasibility of shared or
co-located facilities. In the case of a wireless telecommunications
facility to be placed on an existing tower, co-location may not be
required if the owner of the telecommunications facility tower provides
engineering evidence that for structural, safety and operational reasons
the tower cannot accommodate additional users. Should co-location
not be feasible, the applicant shall demonstrate that a good faith
effort has been made to mount any antenna on an existing building
or structure, including proof of contacts, building investigations
and similar evidence. Should such efforts fail to result in a suitable
site, a new tower may be permitted.
(c)
An applicant for any proposed new wireless telecommunications
facility tower over 60 feet in height shall have such tower designed
structurally, electrically, mechanically and in all respects to accommodate
both the applicant's antennas and comparable antennas for at least
two additional users. New towers must be designed to allow for future
rearrangement of antennas upon the tower and to accept antennas mounted
at varying heights.
C. Authority of the Planning Board. The Planning Board, in its sole discretion, may, upon the request of the applicant, waive or vary any of the requirements set forth in §
345-28 where it finds that such waiver, if granted, would be consistent with the purposes of this chapter, is necessary to avoid undue hardship on the applicant and will not be detrimental to the health, safety general welfare or environment, including the visual and scenic characteristics of the area. Notwithstanding the foregoing, the Planning Board may not permit telecommunications facilities to be sited in any zoning district except those set forth in §
345-28A(7) and
(8). The applicant is encouraged to seek a pre-application meeting with the Planning Board and/or its staff or consultants to discuss the details of any waiver request.
D. Telecommunications facilities permit. An applicant seeking to site
a telecommunications facility in the RS Zoning District must first
apply for and receive a telecommunications facility permit from the
Town of Bethel Town Board before completing Planning Board review.
(1) If a telecommunications facility permit is issued to an applicant under this section, said applicant must still meet all requirements for the issuance of a special use permit under §
345-28B.
(2) If a telecommunications facility permit application is denied under
this section, the applicant is precluded from locating a telecommunications
facility in the RS Zoning District.
(3) Application for permit. The application for a permit issued under
this section shall provide the following information:
(a)
The name, address and telephone number of the applicant;
(b)
The location of the proposed telecommunications facility, including
the applicable section, block and lot number and street address;
(c)
In the case of a tower, a sketch drawing showing the boundary
lines of the parcel in question, the location of the tower and the
proposed designated fall zone;
(d)
A description of the telecommunications facility, including
the reasons supporting the need for an issuance of a permit under
this section;
(e)
A description of any abatement measures to be taken with respect
to any anticipated impacts, including visual impacts;
(f)
Any other such information as reasonably requested by the Town
Board; and
(g)
Evidence that notification of the application for the permit
has been given to each property owner within 500 feet of the boundary
line of the parcel upon which the telecommunications facility is proposed
to be located, the content of such notification and the manner in
which such notification has been given. Such notice must be given
by certified mail, return receipt requested, personal service or such
other manner of service expressly authorized by the Town Board. The
notification shall state that any person objecting to the granting
of such permit may appear at the next Town Board meeting at which
the application will be addressed or, if a public hearing has been
scheduled, at the public hearing. The notification shall provide the
time and date of the applicable Town Board meeting or public hearing,
if known at the time of service.
(4) Permit applications made pursuant to this §
345-28D shall be made to the Building Department which shall forward each application to the Town Board for review and consideration. The issuance of a permit shall be discretionary and shall be issued only where the Town Board determines that the permit application is complete, including the payment of any application fee, and such permit is reasonable and necessary and will allow an activity that is consistent with the general findings of this chapter.
(5) For each permit application, the Town Board shall consider the proximity
of residences, the density and type of surrounding uses, traffic impacts,
visual impacts, the opportunity to locate an antenna or tower at or
on an existing telecommunications facility and any other impacts that
may reasonably affect the general health, safety and welfare of the
public. The Town Board may conduct a public hearing prior to any determination
to issue or deny a permit. The Town Board may include any reasonable
conditions in the permit in order to ensure the general health, safety
and welfare of the public. If the Town Board fails to rule within
60 days of the submission of a complete application to the Building
Department, the application shall be deemed denied, unless the time
period is extended with the consent of the applicant.
(6) A copy of any decision by the Town Board to grant or deny a telecommunications
facility permit under this section shall be provided to the Town Building
Department.
(7) Each permit applicant shall pay a nonrefundable application fee at
the time of making the permit application in an amount established
from time to time by resolution of the Town Board.
The Town of Bethel Planning Board is authorized, in accordance
with §§ 274-a and 274-b of the New York State Town
Law, to review and approve, approve with modifications or disapprove
special uses and site plans connected therewith. Site plan review
shall be required for all special use permits and such other uses
as the Town Board may from time to time designate by local law. The
following procedures shall apply:
A. Preliminary site plan. An applicant for a special use permit may
submit a preliminary site plan for review and advice by the Planning
Board. Such a preliminary site plan should provide locations and dimensions
of the proposed use in relation to the property boundaries and adjacent
uses. It should also indicate all accesses and improvements, both
existing and proposed, and any site features which could have a bearing
on the project, including the general topography and existing ground
cover. This preliminary plan shall be used by the Planning Board as
a basis for advising the applicant regarding information it shall
require on the site plan before it conducts a public hearing or takes
any action with respect to the plan. The Planning Board shall give
no approval or disapproval regarding any preliminary site plan but
may use it to schedule a public hearing, determine if any provisions
of this article should be waived or begin its review of the application
under SEQRA.
B. Application and site plan required. The Planning Board shall be under
no obligation to schedule a public hearing or take any action with
respect to a special use permit application until formal application
has been made on forms approved by the Board and a detailed site plan
providing the following information has been submitted:
(1) The location of all existing watercourses, wooded areas, rights-of-way,
roads, structures or any other significant man-made or natural feature,
if such feature has an effect upon the use of said property.
(2) The location, use and floor or ground area of each proposed building,
structure or any other land use, including sewage disposal and water
supply systems.
(3) The location of all significant landscaping and ground cover features,
both existing and proposed, including detailed planting plans and
a visual depiction or rendering of the final appearance of the property
after all landscaping and other physical improvements are completed.
(4) The location, dimensions and capacity of any proposed roads, off-street
parking areas or loading berths, including typical cross-sections
for all paving or regrading involved.
(5) The location and treatment of proposed entrances and exits to public
rights-of-way, including traffic signals, channelizations, acceleration
and deceleration lanes, widenings or any other measure having an impact
on traffic safety conditions.
(6) The location and identification of proposed open spaces, parks or
other recreation areas.
(7) The location and design of buffer areas and screening devices to
be maintained.
(8) The location of trails, walkways and all other areas proposed to
be devoted to pedestrian use.
(9) The location of public and private utilities, including maintenance
facilities.
(10)
The specific locations of all signs existing and proposed, including
a visual depiction of the latter.
(11)
Preliminary architectural plans for the proposed buildings or
structures, indicating typical floor plans, elevations, height and
general design or architectural styling.
(12)
A completed SEQRA environmental assessment.
(13)
Any other information required by the Planning Board which is
reasonably necessary to ascertain compliance with the provisions of
this chapter.
C. Hearing and decision. The Planning Board shall fix a time, within
62 days from the day an application for a special use permit or site
plan approval is made, for the hearing of any matter referred to under
this section. It shall give public notice of such hearing at least
five days prior to it in a newspaper of general circulation in the
Town and decide upon the application within 62 days after such hearing.
It shall not, however, do so before a decision has been made with
respect to environmental impacts pursuant to SEQRA. The decision of
the Planning Board shall be filed in the office of the Town Clerk
and a copy thereof mailed to the applicant within five business days
after such decision is rendered.
D. Conditions. The Planning Board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed special use permit or site plan.
Upon approval of said permit and/or plan, any such conditions shall
be met prior to the actual issuance of permits by the Town. These
conditions may include requirements of the applicant to provide parkland
or to provide fees in lieu thereof pursuant to § 274-a,
Subdivision 6, of the New York State Town Law.
E. Referrals. The Planning Board is authorized to refer special use permit applications and site plans to other agencies, groups or professionals employed or used by the Town for review and comment and to charge the applicant fees for any reasonable expenses connected therewith in accordance with §
345-60 herein. The Board shall, in particular, ensure that the requirements of § 239-m of the New York State General Municipal Law regarding review by the County Department of Planning are met. It shall also comply with all requirements of SEQRA.
F. Appeals. After the conclusion of any appeals appropriately heard
by the Zoning Board of Appeals, any person aggrieved by any decision
of the Planning Board or any officer, department, board or bureau
of the Town may apply to the Supreme Court for review by a proceeding
under Article 78 of the New York State Civil Practice Law and Rules.
G. Effect of site plan approval. The site plan as approved by the Planning
Board shall be binding upon the applicant. Any changes from the approved
plan shall require resubmission and reapproval by the Planning Board.
The site plan shall remain effective as an authorization to establish
the special use for one year from the date of approval unless the
Planning Board, upon written request of the applicant, shall have
granted an extension, or extensions, the total of which shall not
exceed one additional year. Absent such an extension(s), the special
use shall be deemed to have expired. A special use which has been
discontinued for a period of two or more years shall also be deemed
to have lapsed. No person shall proceed with any aspect of a land
use which requires site plan approval unless such approval has first
been obtained and remains valid. This shall extend to clearing, grading
and excavation in anticipation or in advance of such development.
H. Renewal of permits. The Planning Board may require, at the time it
is initially granted, that any special use approval be renewed periodically.
Such renewal shall be granted following public notice and hearing
and may be withheld only upon a determination that the conditions
attached to any previous approval have not been met. A period of 62
days shall be granted to the applicant in such cases to make remedies
and bring the use into full compliance with the terms of the special
use approval. Should the applicant fail to make such remedies, the
special use approval shall be revoked and the use immediately discontinued.
I. The Planning Board, in reviewing the site plan, shall consider its
conformity to the Comprehensive Plan and the various other plans,
laws and ordinances of the Town. Conservation features, aesthetics,
landscaping and impact on surrounding development as well as on the
entire Town shall be part of the Planning Board review. Traffic flow,
circulation and parking shall be reviewed to ensure the safety of
the public and of the users of the facility and to ensure that there
is no unreasonable interference with traffic on surrounding streets.
The Planning Board shall further consider the following:
(1) Building design, lighting, location and signs insofar as suitability
for the use intended and impact on and compatibility with the natural
and man-made surroundings.
(2) Storm drainage, flooding and erosion and sedimentation control.
(3) Adequacy of community services and utilities, including police protection,
emergency services and the educational system.
(4) Environmental impacts in any form.
(5) Impacts on housing availability.
(6) The potential for nuisance impacts such as noise, odors, vibrations
or glare.
(7) The adequacy of the trees, shrubs and other landscaping to buffer
or soften a use in terms of visual or other impacts on adjoining property
owners, Town residents and those visitors on whom the local economy
often depends.
(8) Impacts on nearby property values.
(10)
Any other factors which reasonably relate to the health, safety
and general welfare of present or future residents of the Town of
Bethel.
J. The Planning Board, in acting upon the site plan, shall also be approving,
approving with modifications or disapproving the special use permit
application connected therewith taking into consideration not only
the criteria contained above but also the following:
(1) Whether the proposed use will result in an overconcentration of such
uses in a particular area of the Town or is needed to address a deficiency
of such uses. The Board shall, in this regard, consider the suitability
of the site proposed for a particular use as compared to the suitability
of other sites in the immediate area.
(2) Whether the proposed use will have a detrimental or positive impact
on adjacent properties or the health, safety and welfare of the residents
of the Town of Bethel.
(3) If the proposed use is one judged to present detrimental impacts,
whether an approval could be conditioned in such a manner as to eliminate
or substantially reduce those impacts.
(4) Whether the use will have a positive or negative effect on the environment,
job creation, the economy, housing availability or open space preservation.
(5) Whether the granting of an approval will cause an economic burden
on community facilities or services, including but not limited to
highways, sewage treatment facilities, water supplies and fire-fighting
capabilities. The applicant shall be responsible for providing such
improvements or additional services as may be required to adequately
serve the proposed use, and any approval shall be so conditioned.
The Town shall be authorized to demand fees in support of such services
where they cannot be directly provided by the applicant. This shall
specifically apply, but not be limited to, additional fees to support
fire district expenses.
(6) Whether the site plan indicates the property will be developed and
improved in a way which is consistent with that character which this
chapter and the Comprehensive Plan are intended to produce or protect,
including appropriate landscaping and attention to aesthetics and
natural feature preservation.
The provisions of Chapter
160 of the Code entitled "Farming" shall apply throughout the AG District and shall serve as additional review criteria with respect to all special use and site plan review applications within such district.
[Added 11-14-2018 by L.L.
No. 3-2018]
Group homes are permitted as a special use in the AD, AG, C-17B,
FC and R-17B Districts and subject to the following conditions:
A. Special use procedures including, but not limited to, site plan approval are required pursuant to §
345-30 and
345-31 of this chapter.
B. Group homes shall be deemed "commercial" and thereby subject to §
345-21 of this chapter.
C. Group homes shall comply with all local, New York State and federal
laws, rules and regulations.
[Added 1-27-2021 by L.L. No. 1-2021]
Rural eco-tech retreats are permitted as a special use in the
AG District and subject to the following conditions:
A. Special use procedures including, but not limited to, site plan approval are required pursuant to §§
345-30 and
345-31 of this chapter.
B. Rural eco-tech retreats shall be deemed "commercial" and thereby subject to §
345-21 of this chapter.
C. Rural eco-tech retreats shall have the following requirements:
(1)
Contiguous 125-acre minimum parcel area.
(2)
Maximum of 2% building coverage.
(3)
Maximum of 30% disturbed acreage.
(4)
Setback requirements shall be: 300-foot minimum front yard setback
for new structures from the property line, 200-foot minimum rear yard
setback for new structures from the property line, 150-foot minimum
side yard setback for new structures from the property line.
D. Rural eco-tech retreats shall have the following design/operational
requirements:
(1)
Emergency access road to main facilities.
(2)
Single centralized guest parking area.
(3)
Two-week maximum stay of guests; in no event shall retreat units
be converted for permanent dwelling.
(4)
Maximum capacity is not to exceed 50 overnight guests.
(5)
Maximum two multi-bedroom (two to five) accommodations on site.
E. Rural eco-tech retreats shall have the following performance standards:
(1)
Employ native vegetation plantings.
(2)
Provide a 20% minimum conservation easement.
(3)
Employ compatible land design by working with natural drainage
patterns and native vegetation and maintain/enhance soil stabilization.
(4)
Minimize the impacts on undisturbed land.
(5)
Minimize development within distance to shorelines, wetlands
and streams.
(6)
Where practical, incorporate green roofs to reduce runoff through
absorption, storage and evapotranspiration.
(7)
Where practical, utilize renewable energy systems to include:
solar, wind, thermal, hydro and/or biofuel.
(8)
Where practical, employ green stormwater infrastructure to include:
infiltration trenches, grassed swales, filter strips, bioretention
basins, stormwater wetlands, porous pavement and/or on-site storage
for use.
(9)
Where practical, employ an eco-friendly wastewater system that
has a low energy, noise and visual impact on the environment.
F. Rural eco-tech retreats shall allow for the following accessory uses:
telecommunication facilities, utility facilities, accessory retail
services, private garages, pavilions, greenhouses, storage buildings,
parking areas.