Lot requirements. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.

Divided lots. Where a lot is divided by a zoning district boundary line so that a part of the lot is located in a residential district and a part is located in a nonresidential district, access to a nonresidential use on the nonresidential part of the property across the residential part of the property is prohibited if the nonresidential part has or can develop legal access on a public road.

On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others shall be deemed to be side yards. The minimum district requirements for each shall be complied with.

On a through lot, a front yard setback shall be required on both street frontages.

A scaled plan or drawing of the proposed tower, with design data and documentation that the tower meets or exceeds applicable federal and state specifications.

A sketch showing the lot or parcel and its dimensions, and all structural improvements thereon, on which the tower is to be located and showing the location of all structures on the lot or parcel, and the location of the proposed tower.

Proof that the applicant is an amateur radio operator licensed by the Federal Communications Commission.

Proof of insurance specifically covering the proposed tower.

If the FCC license holder and operator is not the property owner, the property owner must also sign the application.

The structural design of the proposed tower shall meet accepted engineering standards including wind-load requirements.

The proposed tower shall be erected only in a rear or side yard.

The proposed tower, including all masts and antennas, shall not exceed a height of ninety-five (95) feet above the ground and in no event shall be closer in horizontal distance than 1.25 the height of the tower to a principal dwelling or structure used for human habitation on any adjacent or neighboring property.

No part of the proposed tower, including stays and guy or supporting wires, shall be in violation of the relevant district setbacks.

If the base of a ground-based tower is visible from any public right-of-way or from adjacent property, then reasonable screening of the base may be required so long as such screening will not interfere with the reception or the transmission of signals.

Towers shall not be located on drainage easements, public utility easements or on any reserved open space.

Fences or freestanding walls not exceeding four feet in height may be erected in the front yard.

Fences or freestanding walls greater than four feet in height but not more than six feet may be erected in the side and rear yards.

For corner lots, fences or freestanding walls not exceeding six feet in height may be located in the front yard, opposite the side yard, as determined by the Building Inspector. Said fence or freestanding wall shall have a minimum setback of 15 feet from the determined front yard property line.

Fences for pools, spas and hot tubs shall encompass the entire perimeter of the pool, spa or hot tub. Fences shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the fence. Fences and appurtenances shall meet or exceed the minimum requirements as set forth for barriers under the Residential Code of New York State and shall be approved by the Building Inspector before installation. Fences for pools, spas and hot tubs shall also meet requirements of § 128-60.

Fences constructed for the purpose of enclosing a tennis court shall not exceed 10 feet in height and may not be located closer than 15 feet to any property line.

The use of dangerous materials such as crushed glass and razor wire is prohibited.

Fences or freestanding walls not exceeding four feet in height may be erected in the front yard.

Fences or freestanding walls greater than four feet in height but not more than six feet may be erected in the side and rear yards.

Notwithstanding the provisions of preceding Subsection D(1) and (2), open-weave chain-link fences not exceeding 10 feet in height, and solid fences not exceeding eight feet in height, shall be permitted in Rural Light Industrial Districts and Heavy Industrial Districts.

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

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

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

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

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

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

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

Adjoining flag lots. Adjoining flag lots are prohibited. The minimum distance between driveways serving individual flag lots shall be not less than 100 feet as measured along the public road or highway frontage. Lots located in the R, RR and RLI Districts shall be exempt from adjoining flag lot requirements of this subsection.

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

The length of the pole of the flag lot from the roadway to the front yard line shall not be less than 200 feet. See driveway construction requirements as provided in supplemental regulation § 128-66.

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

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

Flag lots may not be further subdivided.

Destroys fish habitat through blanketing of fish spawning and feeding areas.

Kills aquatic organisms required by fish by reducing sunlight penetration through the water column.

Kills fish directly through gill abrasion and fin rot.

Reduces the recreational value of water and makes it less attractive for swimming.

Increases risk to swimmers and boaters by impeding search and rescue efforts as water turbidity increases.

Adds to overall construction cost since new topsoil and base materials must be brought in to make up the lost difference.

Adds to taxpayer cost to remove accumulated soil from catch basins and pipes.

Introduces toxic materials into water bodies that contribute to algae blooms and degradation of drinking water sources, which require the construction of new and/or enhanced water treatment facilities to make water potable.

Construction of improvements and land disturbance activities on an area within the angle of repose of 20% or greater of any slope with a vertical rise of 20 feet or more, or 33% or greater of any slope with a vertical rise of 10 feet or more, or 40% or greater of any slope with a vertical rise of five feet or more. A waiver from this prohibition may be granted by the Planning Board in association with its review of a subdivision, site plan and/or special use permit application, or by the Town Engineer in other cases. A waiver may be granted only upon review and acceptance of a report from a professional engineer, who in the judgement and discretion of the Town Engineer has experience in geotechnical engineering, certifying that such construction or land disturbance activities are consistent with generally accepted engineering standards, meet or exceed established factors of safety against slope failure and would not result in undue risk of slope failure or danger to human health, welfare or property. A request for a waiver to the Town Engineer shall be accompanied by an application for a grading, erosion and sediment control permit containing the information outlined in § 128-49F below. A request for waiver to the Planning Board shall be made as part of the site plan, subdivision or special permit application and shall contain the pertinent information from § 128-49F, as determined by the Planning Board.

Land disturbance activities that would alter or change the direction and/or quantity of water flow within any established drainage channel, or that would change the direction and/or quantity of water flow across neighboring properties.

Land disturbance of 0.25 acre or more but less than one acre of land within the designated MS4 Phase II stormwater areas of the Town.

Land disturbance of one acre or more shall comply with this section and Chapter 98 of the Code of the Town of Bethlehem.

Land disturbance within 100 feet of the bank of the following streams or within the one-hundred-year flood zone of said streams:

Excavation or filling activity, which exceeds a rate of 200 cubic yards of material per acre of land physically altered by such excavation or fill, within any parcel or any contiguous parcels in any twelve-month period.

Grading activity that establishes a slope gradient of 20% or more over a vertical rise of 20 feet or more, or a slope gradient of 33% or more over a vertical rise of 10 feet or more, or a slope gradient of 40% or more over a vertical rise of five feet or more.

[1]Activities performed in conjunction with special use permit, site plan, or subdivision approvals granted by the Planning Board following the effective date of this chapter, so long as said activities are not commenced until after the grant of a permit/approval and so long as the application for said activities has been reviewed for conformance with this chapter and Chapter 98 of the Code of the Town of Bethlehem and approval has been conditioned upon compliance with the standards set forth herein, and further provided that the activities shall be subject to and not exempt from the provisions for inspections, enforcement, penalties and revocations set forth herein.

Activities performed in conjunction with special use permit, site plan, or subdivision approvals granted by the Planning Board or Zoning Board of Appeals prior to the effective date of this chapter and Chapter 98 of the Code of the Town of Bethlehem, provided that such activities are commenced within one year of the date of approval.

Activities performed in conjunction with the erection, structural alteration or movement of a structure or building for which a building permit is granted following the effective date of this chapter and Chapter 98 of the Code of the Town of Bethlehem, so long as said activities are not commenced until after the grant of a building permit as provided herein, and so long as the application for said activities has been reviewed for conformance with this chapter and issuance of the building permit has been conditioned upon compliance with the standards set forth herein, and further provided that the activities shall be subject to and not exempt from the provisions for inspections, enforcement, penalties and revocations set forth in herein.

(Reserved)

Clearing or timber harvesting for the purpose of cutting firewood for personal use by a single household.

Selective cutting of marketable timber.

Household gardening.

Removal of dead wood and diseased trees or cutting of trees on a scale that does not constitute timber harvesting.

Repairs to occupied buildings.

Routine road, highway or street maintenance.

Routine maintenance and repair of existing structures or facilities.

The placement, use and maintenance of improvements used in agricultural production.

The removal of trees and vegetation in accordance with a forestry management plan approved by the State Department of Environmental Conservation.

The removal of vegetation as required to establish safe sight line distances for driveway entrances.

The removal of vegetation that threatens resident or public safety and removal of non-native plant species designated as "invasive."

The removal of vegetation to comply with a governmental order.

Activities performed in conjunction with the use of land for agricultural purposes, including tree plantations and tree harvesting and forestry.

Land filling or excavation activity involving the placement or removal of two cubic yards of material or less.

The Town Engineer is hereby designated to administer and implement this chapter by granting or denying grading, erosion and sediment control permits in accordance with its provisions.

An application for a grading, erosion and sediment control permit shall be made to the Town Engineer and shall include the following information:

Information waiver. Where the Town Engineer finds that due to the specific nature of a proposed land disturbance activity certain information or data is not necessary to conduct the review and render an informed decision on the application, the Town Engineer may waive said information and data requirements.

Determine when an application is complete.

Review the application to determine that the requirements of this section have been satisfied.

Review each complete application and approve, approve with conditions or deny applications in accordance with this section within 62 days of the receipt of a complete application.

Require the applicant to execute a statement binding the applicant to the terms of this section and any permit issued hereunder.

The proposed activity will not result in creep, sudden slope failure or additional erosion;

The proposed activity will preserve and protect existing watercourses, floodplains and wetlands;

The proposed activity will not adversely affect existing or proposed water supplies or sewage disposal systems; and

The proposed activity will stabilize all earth cut and fill slopes by vegetative or structural means. Maximum exposed soil slopes shall be 33% unless otherwise approved by the Town Engineer.

The construction or the site work/disturbance is being undertaken without a grading, erosion and sediment control permit as provided in this chapter;

The approved grading, erosion and sediment control permit has not been fully implemented;

The approved grading, erosion and sediment control permit is not being maintained; or

Any of the conditions of the permit are not being met.

In the case of a stop-work order for an activity for which a permit has been issued, if the applicant does not cease the activity and comply with the permit within one day of the date of the order, the permit may be revoked. In addition to revocation of the grading, erosion and sediment control permit, the authorized Town official(s) may revoke all or any portion of any other permits issued in accordance with the Town Code, including building permits. Upon a showing of compliance with the terms of the stop-work order and the grading, erosion and sediment control permit, the Town official(s) may reinstate the grading, erosion and sediment control permit and any other permit that may have been revoked.

In the case of a stop-work order for an activity for which a permit has not been issued, if the owner does not immediately cease the activity and comply with the provisions of this chapter within one day of the date of the order, the authorized Town official(s) may request that the Town Attorney seek injunctive relief. In addition, the authorized Town official may revoke all or any portion of any other permits issued in accordance with the Town Code, including building permits, affecting the property. Upon a showing of compliance with the terms of this chapter and issuance of a grading, erosion and sediment control permit, the Town official may reinstate any other permit(s) that may have been revoked.

The home occupation shall be incidental to and secondary to the use of the dwelling for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a nonresidential use or business being conducted on the premises, does not infringe on the right of neighboring landowners to the quiet enjoyment of their land, and does not alter the character of the district in which the lot is located.

Except for de minimis uses as provided in Subsection E below, the portion of the dwelling unit that is used for the home occupation shall have or obtain a currently valid certificate of compliance.

The home occupation shall be conducted only by a full-time resident of the premises.

The home occupation shall be conducted wholly within an area not to exceed the equivalent of 30% of the total floor area of the dwelling unit or 600 square feet, whichever is less. In no case shall the home occupation cause the scale of use on the lot to exceed the maximum permitted. More than one home occupation may be conducted on a lot, provided that the total floor area of the dwelling devoted to all of the home occupations does not exceed the maximum floor area as provided herein.

The home occupation shall employ no more than two persons who are not resident in the dwelling unit.

Signage for the home occupation shall conform to the requirements for signs as set forth in this chapter.

Delivery and pickup of material or commodities to and from the premises by a commercial vehicle shall not exceed three trips per week, and the parking of delivery vehicles shall not impede or restrict the movement of traffic on adjacent streets.

The building construction classification and fire separations for the structure shall comply with the applicable fire and building safety requirements of the Town for mixed use of residential and the applicable nonresidential use classification of such home occupation and shall be certified by the Building Inspector.

There shall be no exterior display, exterior storage of materials or other exterior evidence of any home occupation except for signs and off-street parking.

The home occupation shall not produce any odor, noise, vibration, smoke, dust, heat, or glare discernible at the property line.

The home occupation shall not use, store, produce or dispose of any toxic or hazardous material.

The home occupation may sell or offer for sale any articles or products that are wholly produced, grown, created or assembled on the lot and may provide repair services in connection with the trade of a dressmaker, milliner, seamstress, or tailor, furniture repair, reupholstering, or the trade of a locksmith or minor household appliance repair. Repair services may include the sale of replacement or repair products, products substantially produced on site, or accessories that are reasonably related to the principal product.

The intensity of a home occupation use shall be restricted to no more than 20 vehicle trips per week, or five per day, generated by customers, clients or sales representatives.

Ambulance or taxi service.

Beauty salons and barbershops, except in the Rural District.

Dance studio, aerobic exercise studio, and gymnasium or health club.

Kennel.

Laundry service or dry-cleaning service.

Mortician, funeral home or hearse service.

Motor vehicle repair, sales or rental.

Parking garage or the rental of off-street parking spaces.

Restaurant, cafe or tavern.

Towing service.

Tractor-trailer operations, including parking, storage or repair.

No physical change to the exterior of a principal or accessory structure is required to accommodate the home occupation; and

The use is conducted on the site solely by persons utilizing the home as their primary residence; and

The home occupation has no nonresident employees; and

There is no sign or other exterior advertisement of the existence of the home occupation use; and

There is no exterior storage of materials, equipment, vehicles or other supplies used in conjunction with the home occupation; and

The home occupation meets the conditions listed under § 128-50C above.

Open space for conservation subdivisions.

Affordable housing for multifamily development.

The proposed adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood in which the property is situate.

The open space protected pursuant to this section would maximize conservation value, which may include, but is not limited to, recreational, historic, ecological, agricultural, water resource, scenic or other natural resource value.

The units designated as affordable housing under this section shall remain affordable by an annual certification to the Board identifying the occupancy of the units by qualified persons and families, and a failure to so certify may be deemed a violation of the site plan approval granted by the Planning Board. The Planning Board may grant one or more waivers from this provision, not to exceed one year each, upon written request and proof from the applicant that despite best efforts the applicant has been unable to locate persons or families qualified to occupy one or more of the units designated as affordable housing.

The units designated as affordable housing under this section shall remain affordable by an instrument approved by the Planning Board Attorney that shall be filed in the office of the Albany County Clerk.

Proper surety or performance guaranties between the applicant and the Town covering future title, dedication and provisions for the costs of land or improvements are or will be in existence as of the date the final plat map is signed by the Chairman of the Planning Board.

The proposed adjustments would not adversely affect the public health, safety or welfare or those of the residents of the project or neighboring lands.

No artificial lighting shall shine directly upon any neighboring residential property located in a residential district or be so established that it shall shine directly upon any residential property or shall shine directly on or into any room or rooms, porches or patios of any residential property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring residential properties or as to interfere with the physical comfort of the occupants of residential properties.

Vegetation screens should not be employed to serve as the primary means for controlling glare. Rather, glare control should be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures should be of a design and size compatible with the building and adjacent areas, as determined by the Planning Board.

Security lighting should use the lowest possible illumination to effectively allow surveillance.

Under-canopy lighting for such uses as gasoline service stations shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to 85° or less from vertical.

Luminaires used for playing fields and outdoor recreational uses shall be exempt from the height restriction, provided that all other provisions of this section are met and the light is used only while the field is in use.

Awnings and canopies used for building accents over doors, windows, walkways, and the like shall not be internally illuminated (i.e., not lit from underneath or behind).

Where practical, exterior lighting installations should include timers, dimmers, sensors, or photocell controllers that turn the lights off during daylight hours or hours when lighting is not needed, to reduce overall energy consumption and eliminate unneeded lighting.

Exterior lighting installations should be designed to avoid harsh contrasts in lighting levels.

Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves the original design intent of the system.

Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting.

Flashing sources of illumination are prohibited.

Site lighting shall minimize light spill into the dark night sky.

Where required by the Planning Board, an application for site plan approval shall include an exterior lighting plan depicting the number, location, mounting height, and type of proposed lighting fixture and level of illumination on the site. The exterior lighting plan shall include at least the following:

Additional information may be requested following the initial lighting plan review.

Illumination at the property line shall not exceed 0.1 footcandle.

Luminaires shall be full cutoff type unless otherwise determined by the Planning Board.

On a nonresidential premises outdoor light fixtures equipped with floodlights are prohibited.

Wall pack outdoor light fixtures located on a front or side facade of a building or structure shall be full cutoff.

Noncutoff outdoor light fixtures shall be limited to walkways, outdoor seating areas or other areas approved for such fixtures as part of a development plan.

No light will produce glare so as to cause illumination beyond the boundaries of the property on which it is located.

Freestanding lights shall be appropriate to the design of the structures and shall not exceed 15 feet in height. Wall-mounted light fixtures shall not be mounted higher than 12 feet above the ground level immediately below the location of the light fixture. Both freestanding and wall-mounted fixtures shall be fitted with movable shields to allow for the redirection of light to avoid glare and the splaying of light to off-site locations.

Illumination at the property line shall not exceed 0.2 footcandle.

Luminaires may be full cutoff or semicutoff as determined by the Planning Board.

Freestanding lights shall be appropriate to the design of the structures and shall not have a mounting height greater than 24 feet in height. Wall-mounted light fixtures shall not be mounted higher than 15 feet above the ground level immediately below the location of the light fixture. Both freestanding and wall-mounted fixtures shall be fitted with movable shields to allow for the redirection of light, to avoid glare and the splaying of light to off-site locations.

Wall pack outdoor light fixtures oriented toward an abutting residential district shall be full cutoff.

Noncutoff outdoor light fixtures shall be limited to walkways, outdoor seating areas or other areas approved for such fixtures as part of a development plan.

For exterior lighting installations and fixtures within 50 feet of a residential district, freestanding lighting fixtures shall be no higher than 15 feet above grade.

All outdoor light fixtures on a single-use site, shopping center, integrated center, business park or industrial park, including those on freestanding light poles and those attached to buildings, security lights, and architectural lights, shall be of consistent or compatible style, pole height, mounting height, color, intensity, design and materials with other outdoor light fixtures within the lot, out lot, single-use site, integrated center, business park or industrial park.

Normans Kill Creek.

Vloman Kill Creek.

Onesquethaw Creek.

Phillipin Kill Creek.

Dowers Kill Creek south of Route 32.

Cause silt and eroded material to enter the stream during storm events or as a result of wind movement.

Affect the efficiency or the capacity of the stream.

Increase flood heights.

Cause an increase in water flow velocity.

Obstruct, catch or collect debris that would obstruct flow under flood conditions.

Any positive act indicating intent to discontinue.

Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances.

Cessation of the nonconforming use of a lot and/or structure for 12 consecutive months, or for a total of 18 months during any three-year period.

Substitution of or change to a conforming use.

A nonconforming lot may be built upon for any purpose permitted in the zoning district in which it is located, without a variance, despite its failure to comply with the area, shape, or frontage requirements of this chapter, provided that:

A nonconforming lot satisfying Subsection B(1)(a) and (b) above shall be designated an "eligible nonconforming lot." A lot shall remain an eligible nonconforming lot until the occurrence of any of the following events:

Parking spaces shall not be required for structures and uses in existence on the effective date hereof that are rebuilt or repaired as a result of damage or destruction by causes beyond the control of the owner or lessee. This exception shall not permit the rebuilding or repair of a building having a greater number of stories or square feet of ground space than the building damaged or destroyed unless provision is made for off-street parking as provided in this chapter.

Notwithstanding the above provisions of Subsection A, structures that are existing on the effective date of this Chapter and located on a lot in a Hamlet District shall be exempt from the off-street parking requirements relating to the number of required parking spaces, as such are found in the "Schedule of Off-Street Parking" in Subsection H of this section, provided that there is no increase in the floor area of the building(s) on the lot, and further provided that there is no reduction in the number of parking spaces located on the lot, as each existed on the effective date of this chapter.

Each off-street parking space shall measure not less than 20 feet in length with a minimum width of nine feet.

The number, size and dimensions of parking spaces suitable for use by the physically handicapped shall comply with the requirements set forth in the New York State Uniform Fire Prevention and Building Code. Each area reserved for handicapped off-street parking shall have a minimum length of 20 feet and a minimum width of 16 feet. Spaces in a lot shall have a minimum clear width of eight feet and an adjoining access aisle having a minimum clear width of eight feet. Two accessible parking spaces are permitted to share a common access aisle.

In no instance shall a commercial vehicle in excess of 23 feet in length or 8,000 pounds in curb weight be parked overnight on a single lot without first obtaining a special use permit.

Parking and storage of boats, trailers and recreational vehicles in the front yard as defined in § 128-22 is prohibited.

Nothing contained in this chapter shall be interpreted to prevent, in any hamlet or commercial district, the provision of joint parking lots for one or more uses located on separate lots or on common lots. Parking spaces located in a joint parking lot may be used to satisfy the off-street parking requirements of this article, provided that said spaces are located within 600 feet walking distance of the lot containing the land use they are intended to serve, as measured along the public right-of-way, and further provided that said spaces shall be subject to appropriate deed restrictions (or other legal instrument), as approved by the Planning Board Attorney, binding the owner of the parking spaces and his/her heirs and assigns to provide and maintain the required number of spaces for the land use that they are intended to serve, either throughout the existence of such land use or until such spaces are provided elsewhere. In no instance shall parking spaces in a joint parking lot that are devoted to meeting the parking requirements of one land use be used to meet the parking requirements of another land use.

Where joint use of one or more common lots is proposed for more than one land use, consistent with Subsection J(1) above, the counting of spaces in such common lots may be "shared" by different uses if the uses have substantially different operating times and evidence is provided to the Planning Board that enables it to make a determination that there are variations in the probable time of maximum use by patrons and employees among such uses.

Where a use identified in a joint parking agreement changes, the landowner of the new use shall provide to the Planning Board evidence that enables it to make a determination of whether there are variations in the probable time of maximum use by patrons and employees among such new use and existing use.

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

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

Land reservation requirement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Credit for previous land reservations and fee payments. Notwithstanding the provisions found elsewhere in this section, credit shall be given for previous land reservations and/or fee payments that were made pursuant to this section or Chapter 103, Subdivision Regulations, of the Town Code, at the time of a prior residential development approval.

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

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

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

No person, firm or corporation shall hereafter erect, re-erect, construct or structurally alter a sign or sign structure without first obtaining a permit issued by the Building Inspector.

Every application for a sign permit shall be accompanied by plans to scale showing the area of the sign; the position of the sign in relation to nearby buildings or structures; the location of the building, structure or lot to which or upon which the sign is to be attached or erected; the method of illumination, if any; and statements indicating compliance with appropriate construction standards.

No sign shall be erected which, in the opinion of the Building Inspector, may cause hazardous or unsafe conditions. If such signs exist, they shall be removed upon direction of the Building Inspector following notification to the owner.

No sign, other than an official traffic sign, shall be erected within the right-of-way of any public street or highway (including Town, county, state, and federal streets or highways). The Building Inspector, Highway Superintendent or Commissioner of Public Works, or their duly designated representatives may remove any sign erected in a public street or highway right-of-way if the Building Inspector, Highway Superintendent or Commissioner of Public Works, or their duly designated representatives believe, erection of the sign may cause hazardous or unsafe conditions to motorists, bicyclists or pedestrians or if the sign violates any provision of this chapter. No signs shall be placed on any other Town property, except for informational signs placed by the Town and such other signs that may be authorized by the Town relating to meetings or events occurring on Town property.

Unless otherwise provided for in this section, no sign shall have more than two sides. The maximum allowable square footage of a two-sided sign shall be the sum of both sides, unless otherwise specified.

All illuminated signs shall bear the Underwriters' Laboratories, Inc., seal in conformance with U.L. 48 or be inspected and certified by a Town-authorized electrical inspection company.

All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.

All signs, including wall signs and projecting signs, shall be securely anchored and shall not swing or move in any manner.

All signs shall be constructed of durable materials and shall be maintained in a good condition.

Except for the Hamlet (H), Commercial Hamlet (CH) and Rural Hamlet (RH) Districts, no sign shall project beyond property lines or over public sidewalk areas.

Projecting signs shall have no more than two faces. The exterior edge of a projecting sign shall extend not more than five feet from the building face or 1/3 the width of the sidewalk over which it is suspended, whichever is less. No part of a projecting sign shall extend into a vehicular traffic area. A projecting sign suspended over a pedestrian traffic area shall have a clearance of not less than seven feet six inches. No sign shall project from an awning.

On multistory buildings, projecting signs shall be attached to the building above first-story windows and below second-story windowsills. On one-story buildings, projecting signs shall be attached above first-story windows and below the roofline. The size and location of a projecting sign shall complement neighboring signs.

No wall sign shall be higher than the building to which it is attached.

Illumination of any sign shall not produce a direct glare beyond the limits of the property. Ground-mounted spotlights used to illuminate a sign shall be shielded.

All wiring to a freestanding sign shall be underground and/or concealed within the sign structure.

On all nonresidential and mixed-use premises, wall signs with a maximum total area of one square foot per linear foot of building facade are permitted. The maximum length of a wall sign shall be 2/3 of the width of the face of the building on which the sign is located. In addition, in H Districts, one freestanding sign is permitted which shall not exceed 20 square feet in area per side or 10 feet in height. In CH and RH Districts, one freestanding sign is permitted which shall not exceed 32 square feet in area per side or 10 feet in height. Freestanding signs shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater.

On home occupation premises, one freestanding or wall sign is permitted, the total area of which shall not exceed four square feet. Freestanding signs shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater. The height of the freestanding sign shall not exceed six feet above the finished grade.

On multifamily premises, one freestanding and one wall sign are permitted. Wall signs shall have a maximum area of 20 square feet. Freestanding signs shall have maximum area of 15 square feet per side and a maximum height of six feet. Freestanding signs shall be set back a minimum of 10 feet from any highway right-of-way or 35 feet from any highway center line, whichever is greater.

One sandwich/sidewalk sign of eight square feet or less per side is permitted, provided that such signage is not placed so as to impede, restrict or otherwise interfere with pedestrian or vehicular traffic. Such signs shall not be permanently affixed to any structure, shall be displayed only during hours of operation and shall be located between the building facade of the sign owner, or of the tenant, and the street. All other portable signs are prohibited.

For agricultural land uses that are located in both the Town of Bethlehem and a certified agricultural district, a total of no more than four temporary signs may be located off the premises, provided said signs are of the sandwich board, chalkboard, reader board or similar type, are not permanently affixed to a stationary object, measure no more than eight square feet per side, do not obstruct sight distance for motorists or otherwise diminish traffic safety, are located on private property and outside of the highway right-of-way, are located on premises that are nonresidential in use, are nonilluminated, and advertise an agricultural business open to, or an agricultural service or product offered for sale to, the general public. "Temporary" shall mean a sign that is displayed only during the season of operation that the land use is open to the general public. For agricultural land uses not located in a certified agricultural district, not more than one sandwich board, chalkboard, reader board or similar type sign measuring not more than eight square feet per side may be placed in an off-site location.

Signs in these districts may be lit by external means only.

On all nonresidential premises, one wall sign and one freestanding sign are permitted. Wall signs shall have a maximum area of 10 square feet. Freestanding signs shall have a maximum area of 10 square feet per side and a maximum height of six feet in height above the finished grade. Freestanding signs shall be set back a minimum of 10 feet from any highway right-of-way or 35 feet from any highway center line, whichever is greater.

On home occupation premises, one freestanding or wall sign is permitted. Such sign shall not exceed four square feet in area and shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater. No freestanding sign shall exceed six feet in height above the finished grade.

For agricultural land uses that are located in both the Town of Bethlehem and a certified agricultural district, a total of no more than four temporary signs may be located off the premises, provided said signs are of the sandwich board, chalkboard, reader board or similar type, are not permanently affixed to a stationary object, measure no more than eight square feet per side, do not obstruct sight distance for motorists or otherwise diminish traffic safety, are located on private property and outside of the highway right-of-way, are located on premises that are nonresidential in use, are nonilluminated, and advertise an agricultural business open to, or an agricultural service or product offered for sale to, the general public. "Temporary" shall mean a sign that is displayed only during the season of operation that the land use is open to the general public. For agricultural land uses not located in a certified agricultural district, not more than one sandwich board, chalkboard, reader board or similar type sign measuring not more than eight square feet per side may be placed in an off-site location.

On multifamily premises, one freestanding and one wall sign are permitted. Wall signs shall have a maximum area of 20 square feet. Freestanding signs shall have maximum area of 15 square feet per side and a maximum height of six feet. Freestanding signs shall be set back a minimum of 10 feet from any highway right-of-way or 35 feet from any highway center line, whichever is greater.

Projecting signs are prohibited. Portable signs are prohibited except as allowed for agricultural premises.

Signs in these districts may be lit by external means only.

On all nonresidential premises, one wall sign and one freestanding sign are permitted. Wall signs shall have a maximum area of 40 square feet. Freestanding signs shall have a maximum area of 32 square feet per side and a maximum height of eight feet above the finished grade. Freestanding signs shall be set back a minimum of 10 feet from any highway right-of-way or 35 feet from any highway center line, whichever is greater.

On home occupation premises, one freestanding or wall sign is permitted. Such sign shall not exceed four square feet in area and shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater. No freestanding sign shall exceed six feet in height above the finished grade.

For agricultural land uses that are located in both the Town of Bethlehem and a certified agricultural district, a total of no more than four temporary signs may be located off the premises, provided said signs are of the sandwich board, chalkboard, reader board or similar type, are not permanently affixed to a stationary object, measure no more than eight square feet per side, do not obstruct sight distance for motorists or otherwise diminish traffic safety, are located on private property and outside of the highway right-of-way, are located on premises that are nonresidential in use, are nonilluminated, and advertise an agricultural business open to, or an agricultural service or product offered for sale to, the general public. "Temporary" shall mean a sign that is displayed only during the season of operation that the land use is open to the general public. For agricultural land uses not located in a certified agricultural district, not more than one sandwich board, chalkboard, reader board or similar type sign measuring not more than eight square feet per side may be placed in an off-site location.

On multifamily premises, one freestanding and one wall sign are permitted. Wall signs shall have a maximum area of 20 square feet. Freestanding signs shall have maximum area of 20 square feet per side and a maximum height of eight feet. Freestanding signs shall be set back a minimum of 10 feet from any highway right-of-way or 35 feet from any highway center line, whichever is greater.

Projecting signs are prohibited. Portable signs are prohibited except as allowed for agricultural premises.

Signs in these districts may be lit by external means only.

On all nonresidential premises, wall signs are permitted with a maximum total area of one square foot per linear foot of building facade. The maximum length of a wall sign shall be 2/3 of the width of the face of the building on which the sign is located. In addition, one freestanding sign is permitted that shall not exceed 40 square feet in area per side nor 15 feet in height. All freestanding signs shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater.

On home occupation premises, one freestanding or wall sign is permitted. Such sign shall not exceed four square feet in area. Freestanding signs shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater. The height of a freestanding sign shall not exceed six feet above the finished grade.

For agricultural land uses that are located in both the Town of Bethlehem and a certified agricultural district, a total of no more than four temporary signs may be located off the premises, provided said signs are of the sandwich board, chalkboard, reader board or similar type, are not permanently affixed to a stationary object, measure no more than eight square feet per side, do not obstruct sight distance for motorists or otherwise diminish traffic safety, are located on private property and outside of the highway right-of-way, are located on premises that are nonresidential in use, are nonilluminated, and advertise an agricultural business open to, or an agricultural service or product offered for sale to, the general public. "Temporary" shall mean a sign that is displayed only during the season of operation that the land use is open to the general public. For agricultural land uses not located in a certified agricultural district, not more than one sandwich board, chalkboard, reader board or similar type sign measuring not more than eight square feet per side may be placed in an off-site location.

On multifamily premises, one freestanding and one wall sign are permitted. Wall signs shall have a maximum area of 32 square feet. Freestanding signs shall have maximum area of 32 square feet per side and a maximum height of 10 feet. Freestanding signs shall be set back a minimum of 10 feet from any highway right-of-way or 35 feet from any highway center line, whichever is greater.

One sandwich/sidewalk sign of eight square feet or less per side is permitted, provided that such signage is not placed so as to impede, restrict or otherwise interfere with pedestrian or vehicular traffic. Such signs shall not be permanently affixed to any structure, shall be displayed only during hours of operation, and shall be located between the building facade and the street.

On all nonresidential premises, wall signs are permitted with a maximum total area of one square foot per linear foot of building facade. The maximum length of a wall sign shall be 2/3 of the width of the face of the building on which the sign is located. In addition, one freestanding sign is permitted that shall not exceed 40 square feet in area per side nor 20 feet in height and shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater.

On home occupation premises, one freestanding or wall sign is permitted. Such sign shall not exceed four square feet in area and shall be set back not less than 10 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater. The height of the freestanding sign shall not exceed six feet above the finished grade.

For agricultural land uses that are located in both the Town of Bethlehem and a certified agricultural district, a total of no more than four temporary signs may be located off the premises, provided said signs are of the sandwich board, chalkboard, reader board or similar type, are not permanently affixed to a stationary object, measure no more than eight square feet per side, do not obstruct sight distance for motorists or otherwise diminish traffic safety, are located on private property and outside of the highway right-of-way, are located on premises that are nonresidential in use, are nonilluminated, and advertise an agricultural business open to, or an agricultural service or product offered for sale to, the general public. "Temporary" shall mean a sign that is displayed only during the season of operation that the land use is open to the general public. For agricultural land uses not located in a certified agricultural district, not more than one sandwich board, chalkboard, reader board or similar type sign measuring not more than eight square feet per side may be placed in an off-site location.

On multifamily premises, one freestanding and one wall sign are permitted. Wall signs shall have a maximum area of 32 square feet. Freestanding signs shall have maximum area of 32 square feet per side and a maximum height of 10 feet. Freestanding signs shall be set back a minimum of 10 feet from any highway right-of-way or 35 feet from any highway center line, whichever is greater.

Freestanding signs.

Each tenant is permitted one wall sign. Such wall sign shall not exceed the lesser of 10% of the area of the facade of the portion of the shopping center leased by the tenant or 125 square feet. Such sign shall not exceed the height of the facade. If the space such tenant occupies has more than one facade, the tenant shall be allowed a maximum of two wall signs to be placed on the building's facades, with no more than one sign on any facade; the total area of each sign shall not exceed 10% of the total area of the facade on which the sign is placed.

Wall signs shall be securely affixed to the facade of the building. For shopping centers with gross floor area of 60,000 square feet or more, such signs shall consist only of channel signs composed of individual channel letters and associated corporate logo. Notwithstanding provisions found elsewhere in this section, wall signs within such shopping centers may be internally lit, provided that light is transmitted only through the logo and the material that comprises the letters located within the sign display area. For shopping centers with less than 60,000 square feet of gross floor area, such signs may consist of a variety of designs, except that box signs shall be prohibited. In the CH and RH Districts, wall signs may be illuminated by external means only unless such signs consist of individual channel letters as described herein.

Projecting signs are prohibited. Portable signs are prohibited except for sidewalk/sandwich board signs with a maximum area of eight square feet per side that are permitted between the building and the parking.

No off-premises signs shall be allowed other than as permitted for agricultural premises and as stated in the exempt signs provisions of this section.[1]

No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights, except to show time, date and/or temperature.

No sign shall contain any moving parts.

No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.

No sign shall be mounted on the roof of any building or structure.

Temporary advertising banners shall be prohibited except as stated in the exempt signs provisions of this section.[2]

Signs which physically or visually move, rotate or create an illusion of movement, or which have parts or surfaces that physically or visually move, rotate or create the illusion of movement, or which emit audible sound or noise shall be prohibited.

Signs which appear animated or projected, or which are intermittently or intensely illuminated or of a traveling, tracing, scrolling, or sequential light type, or signs which contain or are illuminated by animated or flashing light are prohibited.

Except for the display of time and/or temperature, electronic-message-center-type signs which display electronically changeable messages consisting of illuminated text or graphics are prohibited.

Murals shall be prohibited except as stated in the exempt sign provisions of this section.

Decorative banners, flags, posters, placards and streamers on residential premises.

Decorative banners on nonresidential premises not containing any words, labels, figures or descriptions.

Permanent monument signs as part of a decorative entryway to a residential subdivision approved by the Planning Board pursuant to Chapter 103 of the Town Code, provided said signs are not internally illuminated, and further provided that design details for said signs, along with a plan for long-term maintenance, are approved by the Planning Board as part of the subdivision approval.

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies or religious or nonprofit organizations, not exceeding six square feet.

Flags and insignia of any government.

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, not exceeding four square feet per face and six feet in height. Business names and personal names shall be allowed, excluding advertising messages.

Number and name plates identifying residences mounted on the house, building, apartment or mailbox, not exceeding two square feet in area.

Lawn signs identifying residences, not exceeding one square foot. Such signs are to be nonilluminated except by a light that is an integral part of a lamppost if used as a support.

Private owner merchandise sale signs for garage sales and auctions located on the premises, not exceeding four square feet, for a period not exceeding seven days in any one month.

On-premises "No Trespassing" or "Private Property" or similar signs.

Real estate signs.

Temporary, nonilluminated window signs and posters not exceeding 10% of the total window surface of a building.

At a gasoline dispensing station, integral graphics or attached price signs on gasoline pumps and one portable sign per station not exceeding 16 square feet.

Drive-through menu boards.

Temporary informational and directional signs for meetings, conventions and other assemblies displayed only for the duration of the event.

One sign, not exceeding six square feet in a residential district or 32 square feet in a nonresidential district, listing the architect, engineer, contractor and/or owner on premises where construction, renovation or repair is in progress.

Temporary signs (e.g., political signs, signs advertising civic, religious, educational, or nonprofit events, etc.) not exceeding six square feet that are permitted by the owner on noncommercial (e.g., residential, institutional, religious, educational, and other nonprofit) premises, as long as they are placed no less than five feet from the edge of the pavement of any public street or highway (including Town, county, state, and federal streets or highways). This exemption does not include signs advertising for-profit businesses.

Temporary banners (e.g., grand opening banners), provided that they are affixed to a building, do not exceed 60 square feet in area, are limited to one banner per establishment and are displayed only during that period commencing on the date of issuance of a certificate of occupancy for the establishment and terminating 30 days thereafter.

A flag flown by a business with copy limited to the word "open," provided that said flag is attached to the building housing the business, the size of the flag is no greater than 15 square feet, the flag is removed when the business is closed, and no more than one flag is displayed per establishment.

Murals in the Hamlet and Commercial Hamlet zoning district on nonresidential, commercial, and institutional buildings that meet the following criteria:

In-ground pools, spas or hot tubs. Fences shall be a minimum of four feet in height and a maximum of six feet in height above grade, measured on the side of the fence that faces away from the swimming pool. Spas or hot tubs with lockable tops shall be exempt from said requirements.

Aboveground pools, spas or hot tubs. The provisions for fencing shall not apply to aboveground pools, spas or hot tubs less than 24 inches in height. Pools greater than four feet in height are also exempt, provided that the stairs are removable or designed to be secured in a manner to prevent access. Where the top of the pool is above grade, the fence is authorized to be at ground level or mounted on top of the pool. The maximum vertical clearance between the top of the pool and the bottom of the fence shall be four inches.

Pool structures used as a fence. Where an aboveground pool structure is used as a fence or where the fence is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured locked or removed to prevent access or the ladder or steps shall be surrounded by a fence. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a four-inch-diameter sphere.

Dwelling unit wall as a fence. Where a wall of a dwelling serves as part of a fence, one of the following shall apply:

Facilitating the provision of wireless telecommunication and other communication services to the residents and businesses of the Town while simultaneously preserving the character, appearance and aesthetic resources of the Town;

Minimizing the adverse visual effects of telecommunications towers and facilities through development of locational and approval criteria;

Protecting the scenic, historic, environmental, natural and man-made resources of the Town;

Preserving the property value of the community;

Minimizing the undue proliferation and height of communications towers throughout the community;

Avoiding potential harm to adjacent persons and properties from tower failure, noise, falling objects and attractive nuisances through setback and height limitations; and

Encouraging the shared use of existing and approved towers in order to reduce the number of towers needed to serve the community where reasonably possible, so as to minimize and mitigate the adverse visual impacts of towers and their facilities.

They do not prohibit, or have the effect of prohibiting, the provision of personal wireless services;

They are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; and

They do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

In order to encourage the appropriate location and collocation of telecommunication systems in the Town of Bethlehem, the following PWRT facilities shall be permitted by right:

Standards. A by-right PWRT facility shall meet the following additional standards and requirements:

Data. An application for approval of a by-right PWRT facility shall contain the following:

Siting criteria. All applications for a special use permit to construct a PWRT facility shall demonstrate a good-faith effort to locate the facility in accordance with the order of siting preference outlined in § 128-61F(1)(a) below. No PWRT facility shall be granted a special use permit unless the applicant can demonstrates and the Planning Board finds that it is not practicable to locate the proposed facility at a site having a higher order of preference than the location proposed by the applicant.

In addition to any other authority conferred under this chapter, the Planning Board is authorized to attach the following conditions on the granting of a special permit/site plan approval for a PWRT facility:

The special use permit shall expire five years from the date of approval unless an application for renewal is made, and approved, prior to the date of expiration.

The tower and ancillary facilities shall be removed upon expiration of the special use permit, abandonment or decommissioning by the applicant.

Collocation is required for telecommunication facilities unless:

The clustering of towers and structures on a common site should be considered if collocation cannot be facilitated.

Visual appearance.

Materials and colors for a proposed utility structure(s) shall be of an appearance that is compatible with any surrounding structures and/or vegetation to the maximum extent practicable and as approved by the Planning Board.

All towers and monopoles shall be set back from all property lines, structures habitable by people on the same parcel as the tower or monopole or aboveground power lines a distance equal to 150% of the height of the tower or the minimum setback requirement for the zoning district in which the tower or monopole is located, whichever is greater. Towers may be located on lots of less than the minimum acreage for the district so long as the PWRT facility is unmanned and can meet the setback, side yard and rear yard setback requirements set forth herein.

Location.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent properties. The standard buffer shall consist of a landscaped strip at least six feet wide outside the perimeter of the compound. The plantings shall consist of alternately spaced evergreens having a height of not less than six feet above the height of the ground elevation at the time of installation. The Planning Board may waive these landscaping requirements where the Board determines that the amount and type of existing on-site vegetation is adequate to fully screen the facility.

Existing mature trees and natural land forms on the site shall be preserved to the maximum extent possible.

The Planning Board shall review and approve the plans for construction of any access road or driveway for the facility. A road and parking plan shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made, provided that said use is consistent with safety and aesthetic considerations. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and soil erosion potential. Except to the extent that the Planning Board shall determine to apply its own road criteria as the same may exist from time to time, the applicant shall adhere to the standards for unpaved forest roads set forth in New York State Department of Environmental Conservation Unpaved Forest Road Handbook, ECH-8409.11, as the same may be amended or revised from time to time.

A photo simulation of the proposed facility as seen from the north, south, east and west from the facility. The photo simulation shall be keyed to a location map. Photographs for the photo simulation shall be taken during periods when deciduous leaf cover is minimal (i.e., during the late autumn, winter, and early spring months), and shall only be taken when there is no precipitation, fog, or more than 50% cloud cover, in order to present a worst-case scenario for visual impact assessment purposes. Prior to performing the visual test, the applicant shall meet with the Planning Board to obtain the Board's consent as to the date and time on which the visual test will be conducted and photographs for the photo simulation will be taken. The applicant shall also inform the Board as to the manner in which the visual test will be conducted (i.e., a crane test or balloon test). The Board may require the visual test to be performed on more than one day when the Board determines that additional time for the visual test is required in order to provide neighboring and nearby landowners and residents adequate time to observe the test. Notice of the test shall be published in the official newspaper at least five days prior to the date set for testing. The Planning Board may provide that the testing be further advertised in such manner as it deems most appropriate for full public notification, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that a visual test will be conducted. All notices shall include the date, time and manner in which the visual test will be conducted and shall state the reason for the test.

An application for construction of a PWRT facility shall include a report certifying that the electromagnetic emissions from the PWRT facility will not exceed the threshold limits established by the Federal Communications Commission and certifying that the proposed facility will not cause interference with existing communication services.

A certification by a licensed professional engineer as to wind loading and the ability of the supporting structure to accommodate the facility and any additional users.

A statement by the applicant as to all other alternative sites, including other alternative sites not owned or operated by the applicant, in any area considered and the reasons for their rejection.

A statement by the applicant that locating the facility in a by-right location is not practical or feasible and the reasons supporting that determination.

A graphic depicting the location of all of the applicant's existing wireless communication facilities located in or otherwise serving the Town of Bethlehem.

A graphic depicting the geographic area to be served by the proposed facility.

A copy of the applicant's FCC operating license.

Upon installation of the PWRT facility the applicant shall submit to the Building Inspector an as-built survey of the facility, including a certification as to the finished height above ground level of the structure, certified to the Town of Bethlehem by a land surveyor or professional engineer licensed to practice in the State of New York.

Documentation from an expert qualified in the field of telecommunications and radio frequency engineering showing that the tower and/or facility is needed to provide adequate coverage to an area of the Town that currently has inadequate coverage, including a sealed, graphical depiction of the inadequate coverage area.

The applicant shall provide written documentation of any existing and planned facility sites in the Town of Bethlehem and within a seven-mile radius of the proposed site in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site, it shall demonstrate with written documentation that the facility site is not already providing, or does not have the potential to provide, adequate coverage and/or adequate capacity to the Town of Bethlehem. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of antennas on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, or power output, shall be specified. Radial plots from each of these facility sites, as they exist, and with adjustments as above, shall be provided as part of the application.

The applicant shall demonstrate with written documentation that it has examined all existing towers or structures located in the Town of Bethlehem and within a seven-mile radius of the proposed site in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of Bethlehem. The documentation shall include, for each site examined, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas proposed, proposed antenna gain, height of proposed antennas on tower or structure, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these sites shall be provided as part of the application. This report shall demonstrate good faith efforts to secure shared use from the owner of each then existing tower or structure on which a PWRT facility is then located as well as documentation of the physical, technical and/or financial reasons why shared use is not practical in each case. Written requests and responses for shared use shall be provided.

The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWRT facilities in conjunction with all sites listed in compliance with Subsection H(1) and (2) above to provide adequate coverage and/or adequate capacity to the Town of Bethlehem. Radial plots indicating such consideration shall be provided as part of the application.

The applicant shall also submit a three-year build-out plan for the proposed and other sites within the Town and within adjacent towns and villages, clearly demonstrating the applicant's plan for other structures, proposed application and building dates, and justification for additional structures. Additionally, the three-year build-out plan must take into consideration known and potential changes in technology.

An applicant for a new tower must demonstrate the structure's ability to handle additional collocators and must identify the maximum number of collocators which could be supported on the structure.

Documentation of intent from the owner and/or lessee of the facility to allow collocation and shared use shall be provided.

Residential use. Camping trailers and recreational vehicles shall be occupied for residential purposes in campgrounds or trailer camps only. Dockside vessels may be occupied for residential purposes within a marina only. It shall be unlawful for any person to occupy a camping trailer or recreational vehicle on any lot, other than in a campground or trailer camp, for more than 30 days in any twelve-month period.

Commercial use. Any construction office trailer shall be identified in the applicable building permit issued by the Building Inspector and shall be removed from the premises prior to the issuance of a certificate of occupancy. Such trailer may have electric and heating capable of temporary connection to site utilities. Each construction office trailer shall be subject to the fee set forth in the current fee schedule adopted by the Town Board, which shall be due and payable at the time that an application for a certificate of occupancy is made.

Temporary storage.

Permanent storage. Commercial trailers may be placed on any lot in the Rural, Heavy Industrial and Rural Light Industrial Districts for the purpose of permanent (i.e., greater than nine months) storage, accessory to any permitted nonresidential, nonagricultural use, provided that a permit is first obtained from the Building Inspector.

Yard requirements, campground:

Highway frontage: 200 feet.

No camping space shall be within 50 feet of any property line or within 100 feet of any watercourse which is part of any public water supply system.

Meeting rooms, multipurpose rooms, lounges, lobby areas or other similar common spaces.

Game rooms, art and craft rooms, workshops, jacuzzis, exercise rooms, libraries or other similar indoor recreation or leisure facilities.

Outdoor sitting areas, game areas, walking trails or other similar outdoor recreation or leisure facilities.

A common kitchen and dining room.

A beauty and/or barber shop, provided that the maximum floor area devoted to such use is no more than 250 square feet.

A self-service laundry.

A convenience shop for daily needs such as food items, prescription and nonprescription drugs, newspapers and small household items and similar items, provided that the maximum floor area devoted to such use is no more than 400 square feet.

A coin-operated vending machine room, provided that the maximum floor area devoted to such use is no more than 250 square feet.

Office space for a doctor, medical infirmary or clinic and/or social service delivery.

A single person 55 years of age or older;

Two or three persons, all of whom are 55 years of age or older;

A married couple, the husband or wife of which is 55 years of age or older;

One child residing with a parent who is 55 years of age or older, provided that said child is over the age of 18;

The surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death; or

One adult, 18 years of age or older, residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State.

Minimum width of driveway shall be 11 feet.

All turns in the driveway shall have turning radii, or widened width, to accommodate emergency vehicles.

Driveway grades shall not exceed 10%.

Construction of driveway shall be in accordance with Town Highway Specifications and accommodate emergency vehicle loadings for the soil conditions present. Asphalt surfacing is optional; however, the driveway must be paved from the edge of existing roadway pavement to the limits of the public road right-of-way.

When necessary, adequately designed driveway culverts shall be installed in all driveways to accommodate local drainage patterns.

A placard identifying the house number of the residence shall be installed, adjacent to the driveway, at the public road right-of-way line. The numerals shall not be less than four inches in size.

Refer to specifications outlined in Subsection A for driveways over 100 feet.

A water meter pit shall be installed by the property owner. It shall be located adjacent to and outside of the public road right-of-way. All water meters are radio read meters and are furnished and installed by the Town.

Notwithstanding the setback requirements for front yard and side yard found elsewhere in this chapter, buildings, accessory structures, parking lots and other accessory uses should be set back a sufficient distance from the US Route 9W right-of-way to accommodate future highway improvements, including, but not limited to, widening of the right-of-way for installation of a center median, additional travel lanes, turn lanes, shoulders/bike lanes, sidewalks, and planting strips at locations as outlined in the Route 9W Corridor Study.

Notwithstanding the setback requirements for front yard and side yard found elsewhere in this chapter, buildings, accessory structures, parking lots and other accessory uses should be located so as not to preclude or have a significant adverse affect on future development of roundabouts at the following intersections:

New development projects and projects that entail substantial redevelopment of an existing land use should be designed to share driveway access with, and provide vehicular interconnections to, adjoining properties.

Prior to approval of any development plan showing direct driveway access to US Route 9W, the applicant and reviewing agency should explore the potential for consolidating driveways, providing vehicular interconnections and obtaining shared access with adjoining properties.

Driveways providing direct vehicular access to US Route 9W should be limited to right-in / right-out only, except at signalized intersections or where provisions are made to allow shared access from adjoining properties to the driveway.

Driveway access to US Route 9W should be limited to a maximum of one cub cut per property unless a traffic study demonstrates that additional curb cuts will be beneficial in minimizing traffic congestion along the roadway or in improving traffic safety.

Driveways should only be placed along US Route 9W at locations that provide adequate sight distance as per standards recommended by AASHTO, ITE, NYSDOT, and/or TRB.

To the extent practicable, driveway spacing along US Route 9W should conform to guidelines as suggested in the "Access Management Manual" (2003), prepared by the TRB and/or the "Suggested Minimum Driveway Spacing Guidelines for Capital District Arterials" (1997) prepared by CDTC.

Where opportunities exist for expansion of transit service in the Route 9W Corridor, larger-scale development projects should be designed and laid out to accommodate public transportation service and to facilitate bus access and circulation through the site. This is of particular relevance in the northern section of the Corridor, where opportunities may exist for future routing of transit service though undeveloped properties as outlined in the Route 9W Study.

Development projects should be designed and laid out to accommodate and provide appropriate facilities for pedestrian and bicycle circulation within the site, and to provide connectivity of such facilities to adjoining properties and facilities within the US Route 9W right-of-way, including connectivity to existing or future transit stops.

To the extent practicable, sidewalks should be provided along US Route 9W frontage and along the frontage of select intersecting streets at locations as outlined in the Route 9W Corridor Study. Said intersecting streets include, but are not limited to, Feura Bush Road, Glenmont Road, Beacon Road, Wemple Road, Jericho Road, Elm Avenue East, and NYS Route 396.

To the extent practicable, the installation of bike lanes and expanded shoulders should be provided along US Route 9W at locations as outlined in the Route 9W Corridor Study.

Development projects should be designed with a minimum twenty-foot-deep landscaping strip along the US Route 9W right-of-way. Said landscape strip should be designed to contain street trees and other landscape material of such size and spacing so as to enhance the visual environment along US Route 9W and provide a unifying streetscape element to the Corridor.

New development projects should be designed and laid out so as not to preclude the future implementation of new roadway, bicycle and pedestrian facilities recommendations as outlined in the Route 9W Study. These recommendations include but are not limited to the provision of:

Front yard setback for new buildings.

Off-street parking. Notwithstanding the provisions for off-street parking requirements related to the number of required parking spaces found elsewhere in this chapter:

Notwithstanding the dimensional requirements for off-street parking spaces found elsewhere in this chapter, the Planning Board may reduce the depth of the parking space to 18 feet when justified by site conditions.

It is the purpose of this section to encourage and promote the safe, effective and efficient use of installed solar photovoltaic (PV) systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and properties.

It is the intent of this section to:

Solar energy is an abundant and renewable energy resource, and its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the greenhouse gas emissions that result from the use of conventional energy sources.

This section applies to building-mounted, building-integrated and ground-mounted solar photovoltaic systems installed and constructed after the effective date of this section.

This section also applies to any upgrade, modification or structural change that alters the physical size, electric generation capacity, location or placement of an existing solar PV system.

Nonconforming solar PV systems. Nonconforming solar PV systems existing on the effective date of this section may be altered or expanded provided such alteration or expansion does not increase the extent or degree of nonconformity.

Properties with approved site plan. Notwithstanding the requirements of § 128-68C(2)(e) of this chapter, for any lot that has an approved site plan, the installation of a "by-right" solar PV system on the lot shall not be considered a change to the approved site plan. This provision shall not be interpreted to exempt lots with an approved site plan from other requirements of this section.

Prohibition. Solar PV systems attached to the side of a building are prohibited unless they are designed as a building integrated system.

By-right solar PV systems. In order to encourage use of solar PV systems in the Town of Bethlehem, the following systems shall be permitted by right in any zoning district in the Town, provided the system is generating electricity only for the land use(s) located on the same lot as the system, and further provided that the system meets the standards for by-right systems identified in § 128-67.2D(2) below. By-right systems require a building permit.

Standards for by-right systems.

Solar PV systems requiring a special use permit. Except as provided in § 128-67.2D, Facilities permitted by right, preceding, no solar PV system shall be constructed or installed without first obtaining a special use permit and site plan approval from the Planning Board pursuant to Article VII of this chapter. In addition, all solar PV systems shall require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include, but not be limited to:

Classification: Solar PV systems requiring a special use permit may be classified as either an accessory use or a principal use as set forth below.

Standards for facilities requiring a special use permit.

On the roof of a nonconforming building that exceeds the maximum height restriction, provided the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted.

On a building that does not meet the minimum setback or yard requirements, provided there is no increase in the extent or degree of nonconformity with said requirement.

On a building that exceeds the maximum lot coverage requirements, provided there is no increase in the extent or degree of nonconformity with said requirement.

Applicability and purpose. This section governing abandonment and decommissioning shall apply to large-scale ground-mounted solar PV systems with a rated capacity of 200 kW or more, hereinafter referred to as "commercial solar PV systems." It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Town of Bethlehem by requiring abandoned commercial solar PV systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry where multiple solar companies have filed for bankruptcy, closed or been acquired creates an environment for systems to be abandoned, thereby creating a negative visual impact on the Town. Abandoned commercial systems may become unsafe by reason of their energy-producing capabilities and serve as an attractive nuisance.

Abandonment. A commercial solar PV system shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of one year. A commercial solar PV system also shall be deemed abandoned if following site plan approval initial construction of the system has commenced and is not completed within 18 months of issuance of the first building permit for the project.

Removal required. A commercial solar PV system which has been abandoned shall be decommissioned and removed. The commercial solar PV system owner and/or owner of the land upon which the system is located shall be held responsible to physically remove all components of the system within one year of abandonment. Removal of the commercial solar PV system shall be in accordance with a decommissioning plan approved by the Planning Board.

Decommissioning and removal.

Special use permit conditions. The following conditions shall apply to all special use permits issued for a commercial solar PV system. No special use permit shall be issued unless the Planning Board finds that the conditions have been or will be met.

Decommissioning and removal by Town. If the commercial solar PV system owner and/or landowner fails to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system.

Removal by Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a commercial solar PV system, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner or landowner as provided in § 128.67.2G(5)(b) herein. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected, with interest, by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.