All special permit uses cited in the District Schedule of Use Regulations in Article IV shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit shall be issued by the Building Inspector or certificate of occupancy or use issued by the Zoning Enforcement Officer except upon authorization of and in full conformity with plans approved by the Planning Board.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take into strict account the specific conditions set forth in this article for certain uses, applicable supplementary regulations stated in Article VI and the following general objectives for any use requiring Planning Board authorization:
A.
The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to the
use and the location of the site with respect to existing and future
streets providing access shall be in harmony with the orderly development
of the district.
B.
The location, nature and height of the buildings,
walls and fences and the nature and intensity of intended operations
will not discourage the appropriate development and use of adjacent
land and buildings or impair the value thereof.
C.
All proposed traffic accessways shall be adequate
in number, width, grade, alignment and visibility; be sufficiently
separated from street intersections and places of public assembly;
and meet similar safety considerations.
D.
Adequate provision for safe and accessible off-street
parking and loading spaces shall be provided to prevent parking in
public streets of vehicles of persons connected with or visiting the
use.
E.
All parking and service areas shall be screened at
all seasons of the year from the view of adjacent residential lots
and streets, and the general landscaping of the site shall be in character
with that generally prevailing in the neighborhood. Such landscaping
shall, to the extent practicable, include the preservation of existing
trees to the maximum extent possible.
F.
All proposed buildings, structures, equipment and/or
material shall be readily accessible for fire and police protection.
G.
The character and appearance of the proposed use,
buildings, structures and/or outdoor signs shall be in general harmony
with the character and appearance of the surrounding neighborhood,
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration or flashing lights than would the operations
of any permitted principal use and shall not adversely affect the
general welfare of the inhabitants of the Town of Shandaken.
[Amended 12-28-1992 by L.L. No. 3-1992]
In addition to the general standards stated above and the site plan review considerations stated in § 116-50, the following specific standards shall be complied with for the particular special permit uses cited below:
A.
Multifamily dwellings in the R1.5, HR, HC and HB Districts,
provided that:
(1)
The multifamily dwelling shall occur only through
conversion of a one- or two-family residence or other structure in
existence at the time of adoption of this chapter.
(2)
The number of dwelling units located on a lot shall
not exceed the density otherwise applicable to two-family dwellings
within the applicable zoning district.
(3)
Adequate central water supply and common sewage disposal
facilities shall be provided in full accordance with the requirements
of the Town of Shandaken and the Ulster County Department of Health.
(4)
No individual multifamily structure shall contain
more than four residential units.
(5)
Not less than 40% of the land area on any multifamily
lot shall be reserved and maintained as usable open space.
(6)
No more than one dwelling unit in any multifamily
structure may be owner-occupied.
C.
Extractive operations and soil mining, including the
loading, hauling and/or processing of sand, gravel, soil, shale, topsoil,
stone or any aggregate material, in R5, R3, R1.5 and CLI Districts,
provided that:
(2)
A time schedule for completion of either the entire
operation or, if excavation is to occur in stages, each stage of the
operation is submitted for approval.
(3)
An operations plan, including the number and type
of trucks and other machinery to be used on the site, including their
respective noise levels, is submitted for approval.
(4)
A progressive restoration and rehabilitation plan
showing both existing contours and proposed final contours after operations
are completed is submitted for approval.
(5)
A performance guaranty (performance bond or escrow
deposit) to assure rehabilitation is provided, upon recommendation
of the Planning Board, in an amount and form satisfactory to the Town
Board and the Town Attorney.
(6)
A buffer area of not less than 300 feet shall be established
between the operation and the nearest property line, with fencing
provided where deemed necessary by the Planning Board either for aesthetics
or to protect public health and safety.
(7)
In general, such special use permit shall be restricted
to a disturbed area not to exceed five acres and to a time period
not to exceed three years.
D.
Gasoline stations and automobile or equipment service,
rental or sales as specified in the HC, HB and CLI Districts, provided
that:
(1)
No such establishment shall be located within 200
feet of any school, church, public library, theater, hospital, park,
playground or other public gathering place designed for occupation
by more than 50 people.
(2)
The area of use by motor vehicles, including display
and storage, except access drives thereto, as well as any structures,
shall not encroach on any required yard area, and further provided
that no building shall be erected closer than 50 feet to any street
or lot line.
(3)
No fuel pump shall be located within 25 feet of any
lot line or within the required side or front yard, whichever shall
be more restrictive. The station layout shall eliminate the necessity
of any vehicle's backing into a public right-of-way.
(4)
Entrance and exit driveways shall total no more than
two in number and shall have an unrestricted width of not less than
18 feet nor more than 30 feet and be located no closer than 15 feet
to any side lot line.
(5)
Gasoline or flammable oils in bulk shall be stored
fully underground, in accordance with New York State DEC Part 614
Regulations, and be not closer than 25 feet to any lot or street line.
(6)
All major repair work and storage of materials, supplies
and parts shall be located within a structure completely enclosed
on all sides, not to be construed as meaning that the doors on any
repair shop must be kept closed at all times.
(7)
Suitable year-round buffering and landscaping shall
be provided in all rear and side yards.
(8)
Those establishments which sell gasoline in combination
with a quick-stop retail food outlet shall:
(a)
Ensure that adequate parking is available on-site
for customers making purchases at the store but not buying gasoline.
This parking area shall be located in such a manner that it does not
interfere with the safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster for disposal
of stock packings removed by store employees, and trash receptacles
for customer use on the premises.
(c)
Maintain no outdoor displays of merchandise
which interfere with the safe flow of traffic and pedestrians.
(d)
Locate all vending machines on the side of the
building.
(e)
Direct all rooftop heating/ventilation/air-conditioning
or refrigeration units away from adjacent residential properties.
(9)
No gasoline station shall be located within the HB
District except where direct access to New York State Route 28 is
provided.
E.
Vacation colonies, including cabin and cottage developments
available for rent to transients, in the R5, R3, R1.5 and HR Districts,
provided that:
(1)
Minimum lot area shall be equal to the minimum lot
area required in the zoning district.
[Amended 4-14-1999 by L.L. No. 1-1999]
(2)
Such cabins or cottages shall be designed for one
family only, with not more than two such dwelling units permitted
per gross acre, i.e., a maximum gross density of two dwelling units
per acre.
(3)
The net density shall not exceed four such dwelling
units per acre.
(4)
All such dwelling units shall be serviced by a central
water supply and common sewage disposal system satisfactory to the
Ulster County Health Department.
(5)
No building or recreational facility associated with
such development shall be located nearer than 100 feet to any lot
line, and any such building or recreational facility shall be effectively
screened from adjacent properties.
F.
Campgrounds and recreational vehicle and camping trailer
parks in the R3, R1.5, HB and CLI Districts, provided that:
(1)
The lot or parcel proposed for such use is at least
20 acres in area.
(2)
Not more than five tent platforms or three recreational
vehicle or camping trailer sites or similar accommodations per gross
acre of lot area shall be permitted, i.e., a maximum gross density
of five dwelling units per acre and three dwelling units per acre,
respectively.
(3)
Central water supply and common sewage disposal facilities
shall be provided in accordance with the requirements of the Town
of Shandaken, the Ulster County Health Department and the New York
State Departments of Health and Environmental Conservation.
(4)
No tent platform or recreational vehicle or camping
trailer site, other building or structure location or recreational
facility shall be within 100 feet of any bounding roadway or shoreline
or within 200 feet of the property line of any adjacent residential
premises.
(5)
Open space areas shall be set aside and maintained
for recreational facilities such as swimming pools, court games or
other active or passive recreational activities for patron use.
(6)
Each tent platform site or recreational vehicle or
camping trailer site or similar accommodation shall have at least
4,000 square feet of associated land area, i.e., a maximum net density
of approximately 10.8 such sites per acre.
G.
Day camps in the R5, R3, R1.5 and HR Districts, provided
that:
(1)
Minimum lot area shall be five acres.
(2)
No activity area or recreational facility shall be
closer than 100 feet to any residential property boundary.
(3)
There shall be not more than eight day campers accommodated
per acre of available land area.
(4)
Water supply and sewage disposal facilities shall
satisfy all applicable requirements of the Ulster County Health Department.
H.
Membership clubs providing public and private recreational
facilities, other than for a one- or two-family dwelling, including
playgrounds, swimming facilities, hunting and fishing clubs with accessory
buildings for administration, operation and clubhouse purposes, in
R5, R3, R1.5, HR, HC and HB Districts, provided that:
I.
Boarding or breeding kennel in the R5 and R3 Districts,
provided that:
(1)
Buildings or structures, including fenced runs and
similar outdoor areas, shall be located not less than 100 feet from
any lot line nor within 300 feet of the nearest neighboring residential
structure.
(2)
The facility shall be screened from neighboring streets
and properties by natural vegetation.
J.
Cemeteries and crematories in the R5, R3, R1.5 and
HR Districts, provided that:
(1)
No burial or memorial plots or buildings shall be
located closer than 50 feet to any residential lot line, except that
when a dense evergreen hedge or wall or landscaped strip at least
six feet in height providing complete visual screening from all adjacent
residential property is provided, burial or memorial plots of less
than six feet in height may be located as close as 25 feet to any
residential lot line.
(2)
All burials shall be undertaken in strict accordance
with applicable regulations of the New York State Department of State
and the Department of Health.
K.
Churches and other similar places of worship, including
related parish houses, seminaries, convents, dormitories and other
accessory uses, in the R3, R1.5, HR, HC and HB Districts, provided
that:
M.
Public, private or parochial academic or technical
schools, including playgrounds and accessory uses required for their
operation, in the R3, R1.5, HR, HC and HB Districts, provided that:
O.
Hotel or motel or lodge development in R5, R3, R1.5,
HR, HC, HB or CLI Districts, provided that:
(1)
Minimum residential lot area shown on the District
Schedule of Area and Bulk Regulations for the zoning district in which
the hotel or motel is proposed to be located shall be increased by
100% for each eight guest rooms provided.
(2)
Minimum side and rear yard setback requirements shown
on the District Schedule of Area and Bulk Regulations[3] for the zoning district in which the hotel or motel is
proposed shall be doubled if such yard abuts property in a residential
district (R5, R3, R1.5 or HR).
[3]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
(3)
Minimum front, side and rear yard setback requirements for off-street parking areas stated in § 116-24B shall be similarly doubled if such yard abuts property in a residential district.
(4)
All uses integral to the hotel or motel development shall either be clearly accessory to the hotel, motel or lodge development, as defined within § 116-4, or be permitted uses or special permit uses within the zoning district in which the hotel or motel development is proposed.
(5)
Integral accessory uses shall generally be limited
to the following: meeting rooms; restaurant and dining facilities;
recreational facilities, such as swimming pools and tennis courts;
and small personal service/retail shops fully within the hotel, motel
or lodge facility and selling newspapers, magazines, tobacco, small
gifts and similar items.
(6)
Maximum structure coverage, including all principal
and accessory structures, shall not exceed 15% of lot area.
P.
[4]An accessory dwelling located within a separate structure
from the principal residence, whether new or existing, in the R-5,
R-3, R-1.5 or HR District, provided that:
[Added 4-14-1999 by L.L. No. 1-1999]
(1)
The accessory dwelling is self-contained with separate
cooking, sleeping and sanitary facilities for use by the occupants.
(2)
Any new building housing an accessory dwelling complies
with the minimum setbacks of the district.
(3)
At least two parking spaces shall be available for
the accessory dwelling in addition to that parking required for the
principal dwelling.
(4)
There shall be no more than one accessory dwelling, including accessory apartments as provided in § 116-40Q below, on any lot.
(5)
The lot on which the accessory dwelling is located
shall conform to the minimum lot area requirements of the district
in which it is located.
Q.
An accessory apartment within an existing single-family
dwelling or as part of construction of a new residence in R5, R3,
R1.5, HR, HC and HB Districts, provided that:
(1)
The dwelling is or will be owner-occupied.
(2)
For the conversion of an existing residence, no exterior
changes will be made which will alter the existing foundation.
(3)
The accessory apartment is self-contained, with separate
cooking, sleeping and sanitary facilities for use by the occupant(s).
(4)
The dwelling has only one exterior front entrance,
with any additional entrances being located at the side or rear of
the structure.
(5)
The accessory apartment is subordinate to the principal
residence and contains no greater than 35% of the total habitable
space of the existing structure prior to the construction of such
accessory apartment. "Habitable space" shall be that as defined in
Article 3, Part 711.1, of the New York State Uniform Fire Prevention
and Building Code, as amended.
(6)
The conversion of any existing residence or construction of a new residence to accommodate an accessory apartment, as defined herein and in § 116-4, is limited to one accessory apartment per principal residence.
(7)
Each principal residence and accessory apartment is, at the time of conversion, on a single lot with lot area, lot width and setbacks of no less than the minimum specified in Article V, Area and Bulk Regulations.[5]
[5]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
(8)
Parking, as required for an accessory apartment/principal
residence, is a minimum of two spaces per dwelling unit on-site and
is designed and located to be convenient without encroaching on any
yard/setback area.
(9)
Approval has been granted by the Ulster County Health
Department for any required on-site sanitary or water supply system,
including, as may be applicable, a determination that the existing
on-site water supply and sewage disposal facilities are sufficient
to accommodate the additional demands of the accessory apartment on
any premises where such conversion is proposed.
(10)
Within 60 days after the transfer of title to
premises for which a special use permit has been granted for an accessory
apartment, the Zoning Enforcement Officer shall inspect the premises
to determine that the dwelling remains owner-occupied. If an owner
or occupant refuses permission to the Zoning Enforcement Officer to
inspect the dwelling and the additional apartment contained therein,
or if the Zoning Enforcement Officer determines that all of the applicable
provisions of the special use permit have not been complied with,
the Building Inspector shall serve a written notice upon the owner
or occupant, setting forth the conditions found to be in violation
and allowing a reasonable time, which period shall not exceed 20 days,
for the owner or occupant to comply. If the owner or occupant fails
to comply with the time allowed or if the Zoning Enforcement Officer
shall determine that the dwelling is not the actual residence of the
owner, the Planning Board shall revoke the special use permit and
direct that the additional apartment unit created pursuant to this
subsection be vacated. The dwelling shall thereafter be used as a
single-family detached dwelling.
R.
A single-family dwelling accessory to a principal
business or institutional use in the R5, R3, R1.5, HR, HC and HB Districts,
provided that:
(1)
The explicit written approval of the Town Zoning Enforcement
Officer and the Town Building Inspector shall be obtained for the
design, location, access and other safety-related elements of such
dwelling unit in accordance with the requirements of the New York
State Uniform Fire Prevention and Building Code.[6] No such dwelling unit shall be permitted over filling
stations, stores retailing flammable or fume-producing goods, restaurants
or other businesses with kitchens or other facilities producing intense
heat or any other establishment or type of establishment which the
Building Inspector determines to pose a greater-than-average built-in
risk.
(2)
The habitable floor area of such dwelling unit shall
be at least 500 square feet. The dwelling unit shall not be located
on the first floor of the building, and the dwelling unit shall contain
all services for safe and convenient habitation meeting the New York
State Uniform Fire Prevention and Building Code and the Sanitary Code.[7]
(3)
There shall be no more than one such dwelling unit
created or maintained in any single building or on any single premises.
(4)
The dwelling unit shall have a separate access to
the outside of the building, which must be distinct from the access
to uses on the first floor.
(5)
The dwelling unit shall have two designated off-street
parking spaces meeting the standards of this chapter, conveniently
located for access to the dwelling unit.
(6)
Suitably landscaped outdoor open space shall be maintained
for the use and beneficial enjoyment of the residents of the dwelling
unit.
(7)
The dwelling unit or any proprietary or other interest
therein will not be sold to the tenant or any other party except as
part of a sale of the entire building in which the dwelling unit is
located.
S.
Home occupations, Class II (located in an accessory building or elsewhere outdoors on a residential premises), provided that the home occupation conforms strictly to the limitations specified within § 116-31 of this chapter.
T.
Roadside (farm produce) stands, as an accessory use,
provided that:
[Amended 2-23-2012 by L.L. No. 2-2012]
(1)
Such stand shall not exceed, in total area, remaining available area,
nor more than 49%, of percentage of area shown on the District Schedule
of Area and Bulk Regulations,[8] whichever is less, for the zoning district and parcel
in which the stand is proposed. Said stand shall remain a single-story
structure or operate only on the ground floor of a multistoried structure,
including all display areas and parking.
[8]
Editor's Note: Said schedule is included at the end of this chapter.
(2)
Such stand shall be located not less than 20 feet from any street
line.
(3)
Such stand shall be solely used for display and sale of plants, fruits,
vegetables, meat, dairy, fish and food products derived from the same.
(4)
Signage shall be limited to 12 square feet and be located not less
than five feet from any street line if located within R5, R3, R1.5
or HR District. All other districts shall use standard sign regulations.
(5)
Minimum side and rear yard setback requirements shown on the District
Schedule of Area and Bulk Regulations for the zoning district for
which the stand is proposed shall be doubled if such yard abuts property
in a residential district (R5, R3, R1.5 or HR).
U.
Public utility station or structure in R5, R3, R1.5,
HR and HC Districts, provided that:
(1)
The proposed location is necessary for public convenience
and service which could not be equally provided if the station or
structure were located in a district where it would be a permitted
use under this chapter.
(2)
The station or structure shall, wherever practicable,
have the exterior appearance of a residential building.
(3)
Suitable landscaping, including screening from public
roadways and neighboring residential properties, is provided.
V.
Alternate-care housing, as defined in § 116-4, in R1.5, HR and HC Districts, provided that:
(1)
Minimum lot area shall be three acres and the total
population thereon, including residents and staff employees, shall
not exceed six persons per acre.
(2)
In order to avoid undue concentration or saturation
of such facilities, the maximum number of alternate-care housing residents
at any one facility within the Town of Shandaken shall be limited
to 20 such residents, approval shall be limited to one facility within
a one-mile radius and the aggregate number of alternate-care housing
residents in all such facilities within the Town of Shandaken shall
be limited to not more than 5% of the permanent town population.
W.
Senior citizen or elderly housing, as defined in § 116-4, in the HR and R1.5 Districts, provided that:
(1)
The development area shall be a minimum of three contiguous acres, with the calculation of such land area not including existing streets, easements, parks or otherwise dedicated land or water areas in excess of 5% of the minimum acreage, nor include lands undevelopable by reasons of topography, drainage, periodic inundation by floodwaters or adverse subsurface conditions, as more specifically described in § 116-32.
(2)
The site shall be provided with central water supply
and common sewage disposal facilities in accordance with the requirements
of the Town of Shandaken, the Ulster County Department of Health and
the New York State Department of Environmental Conservation.
(3)
The maximum density shall not exceed eight dwelling
units per acre.
(4)
The maximum number of dwelling units within an individual
senior citizens housing development shall be 40 dwelling units.
(5)
One and five-tenths off-street parking spaces shall
be provided for each senior citizen's dwelling unit.
(6)
The minimum front, side and rear yards otherwise applicable
within the HR or R1.5 District in which the senior citizen or elderly
housing is situated shall be doubled, i.e., increased by 100%.
(7)
Maximum structure coverage, including all principal
and accessory structures, shall not exceed 20% of lot area.
(8)
No mobile homes shall be authorized within a senior
citizen or elderly housing development.
A.
All uses proposed within the FF-O Flood-Fringe Overlay
District shall be considered special permit uses subject to review
by the Planning Board for compliance with the following additional
standards, as shall be certified to by a registered architect or licensed
professional engineer:
(1)
All structures shall be designed and anchored to prevent
flotation, collapse or lateral movement due to floodwater-related
forces.
(2)
All construction materials and utility equipment used
shall be resistant to flood damage.
(3)
Construction practices and methods shall be employed
which minimize potential flood damage, including the requirement that
all structures and other improvements be designed to withstand hydrostatic
pressure, erosion and seepage to an elevation not less than the one-hundred-year
flood elevation.
(4)
Adequate drainage shall be provided to reduce flood
hazard exposure.
(5)
All public utilities and facilities shall be located
and constructed to minimize or eliminate potential flood damage.
(6)
All water supply and sanitary sewage systems shall
be designed to minimize or eliminate floodwater infiltration or discharges
into the floodwaters, including the provision that on-site sewage
systems shall be located so as to avoid impairment of them or contamination
from them during flooding.
(7)
All new residential construction or substantial improvements
to residential structures shall have the lowest floor, including basement,
elevated to at least one foot above the water level of the one-hundred-year
flood.
(8)
All new nonresidential construction or substantial
improvements to such nonresidential structures shall have their lowest
floor, including basement, elevated to at least one foot above the
water level of the one-hundred-year flood or, as an alternative, be
floodproofed up to the same water level, including attendant utility
and sanitary facilities.
(9)
No use shall be permitted, including fill, dredging
or excavation activity, unless the applicant has demonstrated that
the proposed use, in combination with all other existing and anticipated
uses, will not raise the water level of the one-hundred-year flood
more than one foot at any point.
(10)
No storage of materials or equipment that are
buoyant, flammable, explosive or could otherwise be injurious to human,
animal or plant life shall be permitted.
(11)
Record of all necessary permits from state or
county agencies from which approval is required shall be provided.
(12)
Plans shall be submitted showing such information
as may be necessary to determine the suitability of the particular
site for the proposed development or use, which information shall
include but not be limited to the following:
(a)
The location of the lot or construction site
in relation to affected watercourses or other bodies of water, boundaries
of the Flood-Fringe Overlay District, topography of the site with
elevations in relation to mean sea level, existing and proposed buildings
and other structures, fill, drainage facilities and the location and
description of any materials proposed to be stored within the FF-O
District on either a permanent or temporary basis incidental to the
proposed project.
(b)
Elevation, in relation to mean sea level, of
the lowest floor, including basement, of all existing and proposed
structures.
(c)
Elevation, in relation to mean sea level, to
which any nonresidential structure is proposed to be floodproofed,
together with its attendant utility and sanitary facilities.
(d)
Details of how any nonresidential floodproofed
structure meets or exceeds essential floodproofing standards, i.e.,
that floodproofing occur so that below the base flood level the structure
is watertight, with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
(e)
Documentation that any nonresidential principal
structure or any residential structure intended for habitation, whether
termed a principal structure or an accessory structure by this chapter,
has at least one access route from a public road, street or highway
which is wholly above the one-hundred-year flood elevation and which
route can be used for access by emergency equipment and for the evacuation
of persons.
(f)
Description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
B.
Any special permit issued for a structure or used
proposed within the Flood-Fringe Overlay District shall include as
a condition the additional requirement that certification by a registered
architect or licensed professional engineer of as-built compliance
with the approved plans be submitted to the Town Building Inspector
and the Town Zoning Enforcement Officer prior to either use of the
property or the issuance of a certificate of occupancy for the intended
use or structure. Copies of this certification shall be maintained
by the Zoning Enforcement Officer as a permanent public record available
for inspection.
The Planning Board shall review and act on all
special permit uses in accordance with the procedure specified herein:
A.
Application and fee. All applications made to the
Planning Board shall be in writing, on forms and in accordance with
the schedule prescribed by the Board, and shall be accompanied by
the following:
B.
Public notice and hearing. The Planning Board shall
fix a reasonable time and place for a public hearing on any such special
permit application, of which hearing date the applicant shall be given
notice and at which hearing he shall appear in person or by agent.
The Board shall additionally provide notice as follows:
(1)
By publishing, at least 10 calendar days prior to
the date thereof, a legal notice in the official newspaper of the
town.
(2)
By requiring the Secretary of the Planning Board to
provide notice of the public hearing and data regarding the substance
of the application to the owners of all property abutting that held
by the applicant and all owners of property directly opposite and
across any public or private road from the land involved in such application.
Notice shall be provided by certified mail at least 10 calendar days
prior to the hearing, with compliance with the notification procedure
certified to by the Secretary.
[Amended 4-14-1999 by L.L. No. 1-1999]
(a)
The names and addresses of owners notified shall
be taken as such appear on the last-completed tax roll of the town.
(b)
Provided that there has been substantial compliance
with these provisions, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with granting or denying a special permit
application.
(3)
If the land involved in the application lies within
500 feet of the boundary of any other municipality, the Secretary
of the Planning Board shall also submit at least five calendar days
prior to the public hearing to the Municipal Clerk of such other municipality
or municipalities a copy of the notice of the substance of every application,
together with a copy of the official notice of such public hearing.
C.
Required referral. A full statement of any special
use permit application that meets the referral requirements of §§ 239-l
and 239-m of the General Municipal Law shall also be referred prior
to the public hearing to the Ulster County Planning Board for its
review. No action shall be taken by the Planning Board on such application
until an advisory recommendation has been received from said County
Planning Board or 30 calendar days have elapsed since the Planning
Board received such full statement.
D.
Decisions. Every decision of the Planning Board with
respect to a special use permit application shall be made by resolution
within 90 days of the application to the Board or within 45 days of
the public hearing, whichever shall first occur, which resolution
shall clearly state the decision and any conditions attached thereto.
Each such decision shall be filed in the office of the Town Clerk
within 10 calendar days thereof.
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a special permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 116-42 herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
A.
No building permit shall be issued for any structure
regulated by this article until such special use permit has received
Planning Board approval and a copy of a resolution to that effect
has been presented to the Building Inspector.
B.
No certificate of occupancy or use shall be issued
for any structure or use of land covered by this article until the
structure is completed or the land developed in strict accordance
with the Planning Board resolution of special permit approval and
applicable requirements of this chapter.
C.
Any use for which a special permit may be granted
shall be deemed a conforming use in the district in which it is located,
provided that such permit shall be deemed to affect only the lot or
portion thereof for which such permit has been granted.
D.
The Planning Board may require in its resolution of
approval that a special use permit be renewed periodically. Such renewal
may be withheld only after public hearing and upon specific determination
by the Planning Board that such conditions as may have been prescribed
in conjunction with the issuance of the original permit have not been
or are no longer being complied with. In such cases, a period of 60
days shall be granted for full compliance by the applicant prior to
revocation of the special use permit.
E.
The granting of a special use permit in the FF-O Flood-Fringe
Overlay District shall not be held to constitute a representation,
guaranty or warranty of any kind by the Town of Shandaken or by any
official or employee thereof regarding the practicability or safety
of any structure or use or the proper functioning of the proposed
facilities and plans and shall not be held to create a liability upon
or cause of action against such public body, official or employee
for any damage that may result pursuant to such development or use.
[Amended 4-14-1999 by L.L. No. 1-1999]
A special use permit shall be deemed to authorize
only one particular special use and shall expire if a building permit
for the special use permit activity is not issued within one year
of the date of issuance of the special use permit.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board on a special use permit application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 days after the filing of
the Board's decision in the office of the Town Clerk.
