Village of Cooperstown, NY
Otsego County
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Pursuant to the provisions of the Municipal Home Rule Law, the Village Board reserves the approval authority for special permits for certain uses identified as such in §§ 300-10 through 300-15 (Schedule of Regulations). Such uses represent such diverse benefits and impacts on local land uses as to preclude specific descriptions and standards for their approval. The Village Board, in considering any application for a special permit hereunder, shall exercise such discretion reserved for legislative matters so as to ensure that the public health, welfare and safety are protected and the environmental and land resources of the Village are most efficiently utilized.
Applications for special permits pursuant to this chapter shall be upon forms prescribed by the Village Board and shall contain the information required in the rules and regulations adopted pursuant to this chapter.
Fees for special permit applications before the Village Board shall be in accordance with the Standard Schedule of Fees of the Village.[1]
Editor's Note: Current fees are on file in the office of the Village Clerk.
An applicant for a special permit shall, simultaneously with the filing of an application with the Village Board, file an application for site development plan approval, if such is required under § 300-41, with the Planning Board, together with appropriate plans, drawings and fee for site development plan review. Thereafter, and before the Village Board shall give any consideration to or review the application for such special permit, the Planning Board shall review the application for the purpose of preliminary site development plan review and in light of the general considerations herein and specific standards herein for special permits. Thereafter, the Planning Board shall transmit its recommendations to the Village Board within 30 days of the receipt of the application for site development plan review.
The Village Board, upon receipt of the report by the Planning Board, shall, within 62 days of such receipt, conduct a public hearing and, within 62 days thereafter, render its decision, unless the applicant waives the time requirements of this section.
The Village Board, in approving any special permit thereunder, shall require conformance to any supplementary requirements applying to such uses generally and may establish such other conditions or limitations upon the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. The decision of the Village Board shall be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. Thereafter, the applicant will proceed with site development plan approval before the Planning Board (Article VIII).
Unless specifically authorized in the decision of the Village Board, no requirement or condition of such special permit shall be subject to appeal before the Board of Appeals.
Requirements or conditions imposed by this chapter for any special permit use shall not be waived or reduced by the Village Board and shall be considered to be the minimum requirements for any authorization hereunder, except that the Village Board may authorize further application and action by the Board of Appeals. Special permits shall be deemed to be indefinite authorizations unless otherwise specified in the approval thereof, but in any case shall expire within 18 months of the date of approval unless a building permit has been issued for the special permit use. Such period may be extended on separate application to the Village Board.
The granting of special permits for the uses indicated may be conditioned on periodic renewal, which renewal shall be granted following application, public notice and hearing, and may be withheld upon determination that conditions as may have been identified in the original grant requiring that the use be of temporary duration now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions, or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part.
Any person aggrieved by any decision of the Village Board hereunder may, within 30 days of the filing of the decision in the office of the Village Clerk, seek judicial review pursuant to Article 78 of the Civil Practice Law and Rules.