[Amended 11-5-2009 by L.L. No. 3-2009; 6-17-2010 by L.L. No.
5-2010, 5-19-2011 by L.L. No. 1-2011]
Certain uses listed in the Webster Town Code require a special
use permit to be issued by the Planning Board. No such use shall be
established, and no building permit therefor shall be issued, until
such special use permit is granted by the Planning Board as set forth
in this chapter. All such uses are hereby declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case. A special use permit shall be deemed to authorize
only one special use.
Pursuant to Town Law § 274-b, the Planning Board is hereby empowered to review special use permit applications for special uses as provided in Chapter 350.
A.
Applications for a special use
permit shall be made on forms provided by the Department of Public
Works and shall be executed by the property owner and lessee, if applicable.
The application must include an environmental assessment form and
all necessary documentation to comply with the State Environmental
Quality Review Act (SEQRA).
B.
Plans for the proposed development
of a site for a permitted special use shall be submitted with an application
for a special use permit. Such plans shall show the location of all
buildings, parking areas, traffic access and circulation drives, open
spaces, landscaping and any other pertinent information that may be
necessary to determine whether or not the proposed special use meets
the requirements of this article. The Planning Board may require such
other information as it needs to evaluate the application under SEQR.
C.
Fees. Application for a special
use permit shall be accompanied by an application fee as set by the
Town Board.
D.
Environmental review. These fees
do not cover the cost of environmental review. The applicant shall
be responsible for the total cost of environmental reviews that are
determined to be necessary to meet the requirements of SEQRA.
A.
Applications for a special use
permit that also requires site plan approval shall be made concurrently
with the application for preliminary approval.
B.
Within 62 days of receipt of
a completed application, the Planning Board shall hold a public hearing
and give public notice thereof by publication in the official newspaper
as required by law prior to the date of the hearing. Within 62 days
of the close of such hearing, and subject to the requirements of SEQRA
and General Municipal Law §§ 239-l and 239-m, the Planning
Board shall approve, disapprove or approve with modifications and
conditions the special use permit application. The decision of the
Planning Board shall be filed in the office of the Town Clerk within
five business days after such decision is rendered, and a copy thereof
shall be mailed to the applicant.
C.
The Planning Board shall consider
plans for site layout and design of the proposed use, containing elements
relating to parking, means of access, screening, signs, location and
dimension of buildings, impact of the proposed use on adjacent land
uses, and such other elements as may be reasonably related to the
health, safety and general welfare of the community.
D.
The time period within which
the authorized board must render its decision may be extended by mutual
consent of the applicant and the reviewing board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Planning Board shall issue a special use permit only upon
a finding that each and all of the following conditions are met:
B.
Impact on district. The location
and size of the use, the nature and intensity of the operations involved
in or conducted in connection with it, the size of the site in relation
to it, and the location of the site with respect to streets giving
access to it shall be such that it will be in harmony with the appropriate
and orderly development of the district in which it is located.
C.
Adjacent properties. The location,
nature and height of buildings, walls and fences and the nature and
extent of the landscaping of the site shall be such that the use will
not hinder or discourage the appropriate development and use of adjacent
land and buildings.
D.
Impacts on neighboring properties.
Operation in connection with the special use shall not cause more
severe impacts to nearby properties by reason of noise, fumes, orders,
vibrations, flashing lights or other operational characteristics than
would the operations of any permitted use not requiring a special
use permit.
E.
Impact on surrounding properties.
The nature, duration, and intensity of the operations which are involved
in connection with the proposed use will be in harmony with nearby
uses and will not alter the essential character of the neighborhood
or be detrimental to the residents thereof. The proposed special use
provides sufficient landscaping and/or other forms of buffering to
protect surrounding land uses.
F.
Traffic. The use shall not cause
undue traffic congestion or create a traffic hazard.
G.
Parking. Parking areas shall
be of adequate size for the particular use, properly located and suitably
screened from adjoining residential uses, and the entrance and exit
drives shall be laid out so as to achieve maximum safety.
H.
Services. The use shall be appropriately
located with respect to transportation facilities, water supply, fire
and police protection, waste disposal and similar facilities.
I.
SEQRA. All requirements of SEQRA
shall be met.
J.
Additional standards. Special
uses shall also be subject to any and all applicable local, state
or federal laws, codes, rules or regulations.
K.
Additional standards or requirements
that the Planning Board may reasonably request.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as it may deem necessary prior to approving
any special use permit application in order to protect the public
health and safety, quality of the Town's natural resources and value
of property. The Planning Board shall have the authority to grant
special use permits for a period of years, having a minimum period
of one year to a maximum period of five years, which shall be subject
to periodic inspections by the Code Enforcement Officer. If all operations
undertaken pursuant to any special use permit issued hereunder have
been conducted in full compliance with the terms of such permit and
all provisions of this chapter, such permit shall be renewed by the
Planning Board for a period with the same number of years it was initially
issued. At least 10 days before and no more than 20 days prior to
taking any such renewal action, the Planning Board shall cause a notice
to be published in the official Town newspaper and cause to be posted
on the official sign board a notice of proposed renewal and a statement
indicating the property affected and the nature of the activity to
be permitted. All rules and regulations in effect at the time renewal
is granted shall apply to the renewal of the special use permit in
the same manner as would a new or original special use permit which
is issued.
A.
Upon issuance of a special use
permit, a copy of the permit form and a certified copy of the resolution
shall be delivered to the applicant, who shall, within 30 days of
such delivery, return the completed form to the Town Clerk for official
signature. The special use permit so granted by the Planning Board
shall be recorded, or a memorandum of such permit signed by a Town
official shall be recorded, by the applicant, in the office of the
Clerk of the County of Monroe. Such documents shall be in a form acceptable
for filing and shall make reference to the Liber and Page of the deed
granting ownership of the affected premises to the current owner.
B.
Proof of such filing shall be
received by the Town of Webster Department of Public Works prior to
the issuance of a certificate of occupancy to the applicant. Failure
to provide proof a filing within 10 days thereafter shall render void
the special use permit so granted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon reasonable notice to the applicant, the Commissioner of Public Works or his/her division head, agent or designee has the authority to conduct a site visit. The purpose of said site visit is to ensure that the use is being operated in accordance with this chapter and the conditions specified by the Planning Board. If the Commissioner of Public Works or his/her division head, agent or designee determines that a violation of this chapter or of the conditions imposed by the Planning Board exists, the revocation procedures of § 269-38 of this chapter shall be invoked. Refusal to allow an inspection shall be considered grounds for revocation.
The nature, duration and intensity of the operations which are
involved in or conducted in connection with any use for which a special
use permit has been granted shall not be increased or expanded without
the approval of the Planning Board. Any expansion of a use which requires
a special use permit shall be considered at a public hearing held
in accordance with the application requirements and administrative
procedures which have been adopted by the Planning Board.
A.
Said permit shall expire if meaningful
construction has not been commenced within one year, and has not been
completed within two years, of final special permit approval; or if
no construction is involved, if the use has not been commenced within
one year of final special use permit approval.
B.
Said permit shall expire if the
special use, once begun, ceases operation, for any reason, for more
than six consecutive months. For seasonal uses, the use will be considered
ceased if there is no operation for at least 12 consecutive months.
A.
A special use permit may be revoked
by the Planning Board. The Planning Board shall hold a public hearing
to consider whether or not the special use permit grantee has violated
the terms and conditions of said special use permit. Said public hearing
shall be held only after the permit grantee has been notified, as
hereinafter described, by the Zoning Official Notice of the violations
and of the date, place and time of the public hearing shall be mailed
to the special permit grantee by certified mail, return receipt requested,
directed to the last known address of the permit grantee.
No special use permit shall be issued for a
special use for a property where there is an existing violation of
any code of the Town of Webster.
