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Town of Kingston, NY
Ulster County
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The purpose of this article is to set forth the procedure for approval of special use permits and the standards to be applied by the Kingston Planning Board in the review of special use permits. Special use permits apply to uses, which may or may not be compatible with other uses in the district in which they are proposed. The purpose of the special use permit is to ensure the compatibility of such uses by applying appropriate standards.
All special uses cited in Article III of this chapter shall be subject to special permit review by the Planning Board. Such uses may also be subject to site plan review in accordance with the provisions of Article IV. No building permit or certificate of occupancy or use shall be issued by the Code Enforcement Officer except upon authorization of and in full conformance with plans approved by the Planning Board. The Planning Board shall review and act on all special permit applications in accordance with the procedure specified herein. When a use requires both a special use permit and site plan approval, the Planning Board should conduct both review processes simultaneously.
A. 
Application and fee. All applications made to the Planning Board shall be in writing, on forms prescribed by the Planning Board and shall contain those items specified in § 425-13C, as determined to be necessary by the Planning Board. In addition, the application shall be accompanied by the following:
(1) 
Sufficient information to permit the Planning Board to review compliance with the general standards discussed in § 425-20 of this article.
(2) 
Such additional information as is required for specific uses under § 425-21 of this article.
(3) 
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
B. 
Compliance with State Environmental Quality Review Act (SEQRA). Special use permit applications are actions subject to the provisions of SEQRA. Prior to rendering its decision, the Planning Board shall make a determination of significance in accordance with the procedures of Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 and shall follow all applicable procedures.
C. 
Public notice and hearing. The Planning Board shall conduct a public hearing within 62 days of receiving an application. The applicant shall, at least 10 days before such hearing, be given notice of the hearing and shall appear in person or by agent. Additionally, notice shall be provided as follows:
(1) 
The Town shall publish at least five calendar days prior to the date thereof a legal notice in the official newspaper of the Town.
(2) 
The applicant shall provide notice of the public hearing and data regarding the application to the owners of all property abutting that held by the applicant and all other owners within 500 feet of the land involved in such application. Notice shall be provided by certified mail at least 10 calendar days prior to the public hearing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
When a hearing is to be held by the Planning Board relating to the issuance of a proposed special use permit or the granting of a use variance on property that is within 500 feet of an adjacent municipality, the Planning Board shall give notice by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any such hearing pursuant to § 239-nn of the General Municipal Law.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
County Planning Board referral. If applicable, at least 10 days before such hearing, the Planning Board shall refer applications to the Ulster County Planning Board in accord with § 239-m of Article 12-B of the General Municipal Law when the subject site is within 500 feet of a municipal boundary, a recreation area, a state or county highway, a county drainage channel or a state or county building. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from the County Planning Board or 30 calendar days have elapsed since the County Planning Board received such full statement.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made within 62 days of the public hearing, by resolution, fully stating the decision, including any conditions attached thereto. Each such decision shall be filed in the Office of the Town Clerk within five business days thereof and a copy thereof mailed to the applicant.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Costs incurred by the Planning Board for consultation and other professional fees in connection with the review of a proposed special use permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 425-17A.
Upon issuance of a special use permit, the applicant shall have six months within which to commence the special use. If said period passes without the commencement, the special use permit may be considered void. The Planning Board may extend the time period for commencement at its discretion.
In authorizing any special use, the Planning Board shall take into consideration the public health, safety, 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 section for certain uses, applicable supplementary regulations stated in Article VI of this chapter, and the following general objectives for any use requiring Planning Board authorization.
A. 
Adjacent land uses. The Planning Board shall not approve the special use unless, in its determination, the proposed use will not have a negative effect on adjacent land uses.
B. 
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.
C. 
Location, nature and intensity of intended buildings, structures and operations. These should not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
D. 
Vehicular access and circulation. Adequacy and arrangement of vehicular traffic access and circulations, including intersections, road widths, alignment, grade, pavement surfaces, channelization structures, visibility and traffic controls shall be considered.
E. 
Pedestrian circulation. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience shall be considered.
F. 
Parking. Location, arrangement, appearance and sufficiency of off-street parking and loading shall be considered.
G. 
Layout. The location, arrangement, size design and general site compatibility of buildings, lighting and signage shall be considered.
H. 
Drainage facilities/erosion control. Adequacy of stormwater management plans and drainage facilities shall be considered.
I. 
Water and sewer. Adequacy of water supply and sewage disposal facilities and their compliance with Ulster County Department of Health requirements are required.
J. 
Vegetation. The type and arrangement of trees, shrubs and other landscaping components shall be considered. Existing vegetation shall be retained to the extent possible.
K. 
Emergency access. Adequate provision for fire, police, and other types of emergency vehicles shall be made.
L. 
Flooding. Special attention shall be given to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
M. 
Lighting. The impacts of lighting on adjacent areas and areas within viewing distance shall be considered.
In addition to the general standards stated above, and the site plan review considerations stated in Article IV of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below.
A. 
Mining and excavation.
(1) 
Intent. The purpose of this regulation is to ensure that mining and excavation is conducted in a manner consistent with state law; to promote the health and general welfare of the citizens of the Town of Kingston; and to ensure that the character of the Town is not adversely affected by mining activities.
(2) 
Standards.
(a) 
Mining is regulated by and subject to the standards found in Chapter 245, Mining. Mining is also regulated by the State of New York under the Mined Land Reclamation Act.[1] The Planning Board shall apply the standards found in Chapter 245, Mining, as well as the general standards in this chapter in conducting its special use permit review.
[1]
Editor's Note: See § 23-2701 et seq. of the Environmental Conservation Law.
(b) 
Prior to commencing any mining activities in the Town of Kingston, the operator of the proposed mine shall provide copies of all DEC issued mining permits, if applicable, to the Planning Board.
(c) 
Slopes caused by any excavation shall, upon completion, not exceed 30%.
(d) 
Stockpiled material shall not exceed 35 feet in height.
(3) 
Buffer zones.
(a) 
An undisturbed buffer of 50 feet shall surround any excavation within the limits of the property.
(b) 
The entry into any excavated area shall be curved so as to prevent a direct view from the public right-of-way.
B. 
Gasoline stations.
(1) 
Gasoline station lots and or fuel storage tanks shall not be located within 2,500 feet of any municipal water wells or other municipal water supply source, nor shall such lot or tanks be located within 300 feet of private water well. All fuel storage tanks shall comply with all federal and state regulations.
(2) 
No gasoline or oil pump, no oiling or greasing mechanism and no other storage or service appliance installed in conjunction with any gasoline station or public garage shall be within 25 feet from any curb line and 50 feet from any property line.
(3) 
Entrance and exit driveways shall have an unrestricted width of not less than 18 feet nor more than 30 feet, nor be located closer than 25 feet to any side or rear lot line.
C. 
Mobile homes and mobile home parks. Mobile homes and mobile home parks are regulated by and subject to the standards found in Chapter 254, Mobile Homes and Mobile Home Parks, of the Code of the Town of Kingston. The Planning Board shall apply the standards found in Chapter 254, as well as the general standards in this chapter, in conducting its special use permit review.
[Amended 4-15-2010 by L.L. No. 2-2010]
D. 
Junkyards. Junkyards are regulated by and subject to the standards found in Chapter 217, Junk Dealers. The Planning Board shall apply the standards found in that chapter, as well as the general standards in this chapter, in conducting its special use permit review. An active auto recycling facility shall be excluded from this definition of "automobile junkyard."
[Amended 11-18-2015 by L.L. No. 4-2015]
E. 
Home occupations. The criteria found in § 425-26 of this chapter shall apply to special use permit review of home occupations.
F. 
Active auto recycling facility. An active auto recycling facility shall be permitted by special permit in the MU-2 Zoning District. In addition to any requirements established by New York State law, such auto recycling facility is subject to the standards below:
[Added 11-18-2015 by L.L. No. 4-2015]
(1) 
Any application for a proposed auto recycling facility shall include description of the purpose and nature of the proposed use, a site plan showing the location of proposed buildings and activities on the site, and the location and extent of outside areas on the site that will be used for the inventory vehicles.
(2) 
The application shall include:
(a) 
Storm water pollution prevention plan. The SWPPP shall include a narrative and plan that demonstrates that the proposed use of the site will comply with the DEC general permit for discharge of stormwater from construction activities and the DEC SPDES multi-sector general permit for stormwater discharges associated with industrial activity, to the extent applicable, and that the activities on the site incorporate best practices so as to avoid the risk of pollution of stormwater or the groundwater resources on the site.
(b) 
Description of the potable water supply and the nature and means of disposal of any water, including wastewater, to be generated in connection with the proposed use, in accordance with all applicable requirements of the State and County Departments of Health and the Department of Environmental Conservation.
(3) 
The site plan filed in connection with such special permit application shall show measures to be taken to provide buffer areas and other proposed screening measures. A vegetated buffer of 100 feet shall be provided for any property boundary adjacent to a residential district or an existing residence within 100 feet of the property boundary. Such buffer area may remain in its natural state, provided that such natural state, combined with any additional screening measures to be provided by the applicant, is determined by the Planning Board to be sufficient screening from abutting residential areas. The Planning Board may reduce the buffer where it finds that by reason of the existing vegetation or topography a lesser buffer will be adequate, but the buffer shall be maintained to provide at least 50 feet of vegetated buffer from the property boundary adjoining such district or existing residence.
(4) 
The site plan shall also include location of a gate and fencing to minimize access during times when the facility is not open and shall comply with the screening requirements of § 425-15C.
(5) 
The grant of such special permit shall be conditioned in all cases upon the operator of the active auto recycling use receiving and maintaining all required state and federal permit(s) and license(s) for such use.
(6) 
The site plan shall provide for the storage of waste oil, batteries, antifreeze, and used electronics in accordance with the following requirements:
(a) 
Waste oil, batteries, antifreeze, and used electronics shall be stored in an enclosed structure or under a roof that prevents stormwater entry to the containment area and shall be protected from groundwater intrusion.
(b) 
Floors within a structure where waste oil, batteries, antifreeze, and used electronics may be stored shall be coated to protect the surface of the floor from deterioration due to spillage of or from any such material.
(c) 
Waste oil, batteries, antifreeze, and used electronics shall be stored within an impermeable containment area capable of containing at least the volume of the largest container of such material present in the structure or 10% of the total volume of all such containers in such area, whichever is larger, without overflow or release of material from the containment area.
(d) 
Waste oil, batteries, antifreeze, and used electronics shall be stored in a manner that will prevent the contact of materials with such materials so as to create a hazard of fire, explosion or generation of toxic substances. Storage areas shall comply with all applicable requirements of the New York State Fire Protection and Building Code.
(e) 
Waste oil, batteries, antifreeze, and used electronics shall be stored only in containers that have been certified by a state or federal agency or the American Society of Testing Materials as suitable for the transport or storage of such materials.
(f) 
Storage area for waste oil, batteries, antifreeze, and used electronics shall be inspected daily for damage, leaks, or spills. The operator of the site shall maintain a spill response plan complying with OSHA and DEC requirements. Cleanup of all spills shall be initiated promptly and in no event longer than two hours after discovery. All spills shall be reported in accordance with DEC spill reporting requirements.
(g) 
Those aspects of the site plan showing arrangements for temporary storage of combustible materials shall be approved by the Building Inspector and the Fire Marshal prior to construction. Site operations shall be conducted in accordance with the site plan at all times. Any material change to the storage, fire-prevention and fire-protection practices implemented on the site shall be reviewed and approved by the Building Inspector and Fire Marshal prior to implementation.
(h) 
The current site plan, showing the aforesaid storage areas, and material safety data sheets for all materials stored on the site shall be provided to the fire, police, ambulance and other emergency service organizations (ESOs) serving the site and shall be updated at least once a year. The site operator shall designate at least two individuals with general familiarity with the site as emergency contacts and provide current emergency contact information for those individuals to all ESOs.
(7) 
Provisions shall be made to minimize noise and dusts emitted by operations carried on at the site.
(8) 
An active auto recycling facility must be located on a lot i) having frontage on a state highway and ii) containing at least 75 acres of land available to the proposed use. No buildings shall be constructed and no inventory vehicles shall be stored on land within 250 feet of a state or county highway or within 100 feet of any other public highway.
(9) 
No exterior dismantling or stacking operations shall take place between the hours of 6:00 p.m. and 7:00 a.m. The facility shall not be open on Sundays. Compacting and loading of vehicles for scrap disposal activities shall take place in an area shown on the site plan, which shall be at least 500 feet from any existing residence, and shall be limited to weekdays only and during the hours of 9:00 a.m. to 4:00 p.m.
(10) 
The facility must contain at least 75,000 square feet of enclosed building space, in one or more buildings. The Planning Board shall review and approve the colors of the roof and sides of buildings that will be visible from public roads or areas used by the public for recreation, so that the visual impact of such building(s) is reduced to the extent practicable.
(11) 
The dismantling of vehicles shall take place in a designated area located inside the main building, which dismantling area shall contain no less than 15,000 square feet.
(12) 
The site plan shall show suitable arrangements for the external warehousing of inventory vehicles. Parts removed from inventory vehicles shall be stored in designated areas of the building pending shipment. All external operations shall be conducted in an orderly fashion.
(13) 
Vehicles must be processed within one year of being brought to the facility. The Planning Board may allow designation of one "high-value storage area" of the site for the storage of high-value inventory vehicles, which may be stored on site for up to two years. The designated high-value storage area may not exceed 5% of the total inventory area of the site shown on the site plan, exclusive of internal accessways.
(14) 
The height of any exterior parts storage areas shall not exceed 15 feet.
(15) 
The facility shall be subject to a minimum annual inspection by the Town. The Town may, at the owner's expense, up to a cost not to exceed $1,000, hire an expert to insure the owner is operating the permitted facility in compliance with this chapter as well as all applicable county, state and federal laws.
(16) 
Where the owner of a property on which an active auto recycling facility is duly served by the Code Enforcement Office of the Town with notice of a violation of this chapter, and the same is not corrected or removed within 30 days of the date of the written violation, said condition may be corrected by the Town at the expense of the property owner, and if the Town is not reimbursed for the necessary and reasonable cost of remedying such violation within 30 days of making a demand for reimbursement upon the owner, the Town may add such cost to the taxes on said property. Prior to doing so, the Town shall provide the owner with notice of its intent to assess such unreimbursed costs against the property and provide the owner with an opportunity for a hearing before the Town Board.
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 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, nor 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.