In accordance with Town Law § 271, the
Planning Board is hereinafter authorized to review all applications
for special permitted uses outlined in this chapter.
It is the intention of this chapter to outline
special permitted uses which may be appropriate to accomplish the
objectives of the Town's growth policy and to provide needed services
and uses compatible with the essential character of the zoning district
in which they are allowed. Such special permitted uses are designed
to provide social, cultural and economic amenities to the current
and future residents of the zoning district in which they reside.
The review of applications for special permitted
uses is divided into two phases: presubmission conference and application.
A.
Presubmission conference. The Zoning Officer shall
refer the applicant for a special permitted use to the Secretary of
the Planning Board, who shall schedule a presubmission conference
for the next regularly scheduled Planning Board meeting. The purpose
of the presubmission conference is to give the Planning Board and
the applicant an opportunity to gain a perspective of the use's ramifications
on the zoning district and neighborhood in which it is proposed.
(1)
This conference is beneficial to both parties because
the community will gain knowledge of the applicant's intent and the
applicant will learn his/her responsibilities before either is committed
to significant outlays of time or capital.
(2)
At the presubmission conference, the applicant shall
provide the Planning Board with basic data regarding the proposed
special permitted use. At a minimum, the applicant shall provide a
map showing the important existing natural and made features in and
around the site and a sketch plan showing the major features of the
proposals.
B.
Application for a special permitted use.
(1)
Following the presubmission conference, an application
for a special permitted use may be presented at the next regularly
scheduled Planning Board meeting or sooner if deemed appropriate by
the Planning Board. The application shall not be accepted for review
unless all requirements outlined at the presubmission conference have
been met.
(2)
The application shall be submitted in triplicate on
forms prescribed by the Planning Board and be accompanied by three
copies of a site plan. The site plan shall include information drawn
from the following checklist, as determined necessary by the Planning
Board at the presubmission conference. The site plan shall be prepared
by a licensed professional engineer, architect or land surveyor, unless
this requirement is waived by the Planning Board.
(3)
Application checklist:
(a)
Title of drawing, including name and address
of applicant and person responsible for preparation of such drawing;
(b)
North arrow, scale and date;
(c)
Boundaries of the property plotted to scale;
(d)
Existing watercourses, wetlands and floodplains;
(e)
Grading and drainage plan, showing existing
and proposed contours;
(f)
Location, proposed use and height of all buildings;
(g)
Locations, design and construction materials
of all parking and truck loading areas, with access and egress drives
thereto;
(h)
Provision for pedestrian access;
(i)
Location of outdoor storage, if any;
(j)
Location, design and construction materials
of all existing or proposed site improvements, including drains, culverts,
retaining walls and fences;
(k)
Description of the method of sewage disposal
and location of design and construction materials of such facilities;
(l)
Description of the method of securing public
water and location, design and construction materials of such locations;
(m)
Location of fire and other emergency zones,
including the location of fire hydrants;
(n)
Location, design and construction materials
of all energy distribution facilities, including electrical, gas and
solar energy;
(o)
Location, size and design and construction materials
of all proposed signage;
(p)
Location and proposed development of all buffer
areas, including indication of existing vegetative cover;
(q)
Location and design of outdoor lighting facilities;
(r)
Designation of the amount of building area proposed
for retail sales or similar commercial activity;
(s)
General landscaping plan and planting schedule;
and
(t)
Other elements integral to the proposed development,
as considered necessary by the Planning Board, including identification
of any state or county permits required for the project's execution.
(4)
Planning Board review of application for a special
permitted use. The Planning Board's review of the application for
a special permitted use shall include, but not be limited to, the
following:
(a)
Determination of whether the proposal is subject
to the State Environmental Quality Review Act.
(b)
The need of the proposed use. The Planning Board
shall not approve the special permitted use unless it finds that the
use is in furtherance of the Town's growth policy and that the use
is reasonably necessary to provide social, cultural or economic amenities
for existing and future residents of the zoning district in which
the proposed use is to be located.
(c)
Adjacent land uses. The Planning Board shall
not approve the special permitted use unless, in its determination,
the proposed use will not have a negative effect on existing adjacent
land uses.
(d)
Zoning regulations. The Planning Board shall
not approve the special permitted use unless all requirements of this
chapter are met.
(e)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, channelization structures and traffic controls.
(f)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic, and overall pedestrian convenience.
(g)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(h)
Location, arrangement, size, design and general
site compatibility of buildings, lighting and signage.
(i)
Adequacy of stormwater and drainage facilities.
(j)
Adequacy of water supply and sewage disposal
facilities.
(k)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise-deterring
buffer between the applicant's and adjoining lands, including the
maximum retention of existing vegetation.
(l)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
(m)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(n)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(5)
Consultant review. The Planning Board may consult
with the Zoning Officer, Fire Commissioners, Environmental Management
Council, Town Highway Superintendent, Town Engineer, other local and
county officials, the New York State Health Department, Department
of Environmental Conservation and Department of Transportation.
(6)
Referral to the County Planning Board. Prior to taking
action on the site plan application, the Planning Board shall refer
a copy of the application to the Saratoga County Planning Board for
its review in accordance with § 239-m of the General Municipal
Law.
(7)
Public hearing and notice. Prior to taking action
on the application for a special permitted use, the Planning Board
shall conduct a public hearing. Notice of the public hearing shall
be published at least 10 days prior to the date of the hearing in
a newspaper with general circulation within the Town. The public hearing
may be conducted at the same time the application is being reviewed.
Additionally, the applicant shall be required to give notice, by certified
mail, return receipt requested, of said public hearing, to every real
property owner of record within 500 feet of the area for the proposed
special permitted use, and to file proof of such notice at or before
the public hearing.
[Amended 7-13-1992 by L.L. No. 3-1992]
(8)
Planning Board action on application for a special
permitted use. Within 45 days of the receipt of the application for
a special permitted use, the Planning Board shall act on it. The Planning
Board shall approve, disapprove or approve with modification and/or
conditions the application. The Planning Board's action shall be in
the form of a written statement to the applicant.
(a)
Upon approval of the application, the Planning
Board shall endorse its approval on all three copies of the site plan
and shall forward one copy to the Zoning Officer and provide one copy
to the applicant. The third copy will be retained by the Planning
Board.
(b)
Upon disapproval of the application, the Planning
Board shall so inform the Zoning Officer, and the Zoning Officer shall
deny the applicant a building permit. The Planning Board shall also
notify the applicant in writing of its decision and its reasons for
disapproval.
(c)
Upon approval of the application with modifications
and/or conditions, the Planning Board shall notify the applicant of
said modifications and/or conditions and its reasons for requiring
such. The applicant shall be advised that a revised site plan which
incorporates the modifications and/or conditions must be submitted
to and approved by the Planning Board. The Planning Board shall endorse
its approval on all three copies of the modified site plan and shall
forward one copy to the Zoning Officer and provide one copy to the
applicant.
C.
Performance guarantee. No certificate of occupancy
shall be issued for the approved special permitted use until all improvements
shown on the approved site plan are installed. The sufficiency of
such performance guarantee shall be determined by the Planning Board
after consultation with the Zoning Officer.
D.
Fees for special permit applications. An application
for a special permit for a home occupation or home industry shall
be accompanied by an application fee of $200. All other applications
for a special permit shall be accompanied by an application fee of
$500. In addition to an application fee, the Planning Board may require
the applicant to pay for engineering costs incurred by the Town for
review, consultation and inspections on behalf of the Town. The applicant
shall deposit an engineering escrow fee in the amount of $250 with
the application.
[Added 7-19-2004 by L.L. No. 6-2004;
amended 11-16-2005 by L.L. No. 4-2005; 5-14-2007 by L.L. No. 1-2007; 5-12-2014 by L.L. No.
1-2014]
