A.
All uses requiring special permit and/or site plan approval shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this chapter. Such proposed uses may be approved, approved with conditions or denied in accordance with the procedures, regulations and requirements of this section. Such uses are noted in § 155-17, Schedule of residence and business district uses, and are marked by an asterisk (*).
B.
All special permit uses are declared to possess characteristics
of such unique and distinct form that each specific use shall be considered
as an individual case, and shall conform, but not be limited to, the
following general requirements which may be established by this chapter.
C.
All uses except single-family and two-family homes
shall require site plan approval before the issuance of a zoning permit
and no building development or site work of any sort shall be conducted
prior to or shall be carried out except in conformity with such approval
and its conditions.
[Amended 7-13-2021 by L.L. No. 2-2021]
D.
The Planning Board may, on its own initiative, propose
a general or specific site plan for a particular area where a site
plan approval may be required in the future, using the requirements
of the schedules of regulations and other pertinent sections of this
chapter and the Town Development Plan, if any, as a guide.
E.
Retention
of professional consultants. In the event the Planning Board deems
it necessary, it may retain professional consultants to aid said Planning
Board in arriving at decisions concerning any particular site plan.
The fee of the professional consultant shall be paid by the applicant
whose site plan is being reviewed by said professional consultant.
A deposit of 50% of the estimated fee is required from the applicant
or his agents at the beginning of each phase of review by the Planning
Board. The applicant may appeal the decision of the Planning Board
under the provisions of this section to the Town Board.
[Added 7-13-2021 by L.L. No. 2-2021]
[Amended 7-13-2021 by L.L. No. 2-2021]
Any application for site plan and/or special
permit approval shall be made, in writing, to the Zoning Inspector
two weeks before the regularly scheduled Planning Board meeting at
which the application is to be referred to the Planning Board, and
shall be accompanied by, but not limited to, the following information
in 10 complete copies:
A.
An area sketch map, prepared at a convenient scale,
showing, in general, all properties and owners of record, subdivisions,
streets and easements within 500 feet of the boundaries of the proposed
site.
B.
An existing conditions sketch map showing existing
natural and man-made features and characteristics of the site or lot.
The Planning Board may require specific information such as a metes
and bounds description to clarify the site plan.
C.
A detailed plan for the proposed development, drawn
to a convenient readable scale, showing the location, proposed use
and height of all buildings; the location of all parking and truck
loading areas; all traffic ingress, egress, and circulation drives;
location of outdoor storage, if any; location of all pedestrian facilities,
such as sidewalks; a detailed landscaping, grading, and drainage plan
showing those above elements which are pertinent and including all
existing or proposed site improvements such as drains, culverts, retaining
walls and fences; description of method of water supply, refuse and
sewage disposal and the location of such facilities; the location
and size of all signs; the location and proposed development of buffer
areas; the location and design of external lighting facilities; and
a table of information listing pertinent facts about the proposed
development and the zoning requirements of this chapter, such as those
listed in this section and the Schedule of Residence and Business
and Industry District Standards.[1]
[1]
Editor's Note: Said Schedule is included at the end of this chapter.
[Amended 6-2-1987 by L.L. No. 1-1987; 7-13-2021 by L.L. No. 2-2021]
Each site plan and/or special use permit application, together with the required map and plan and certified as to the degree of completeness of information required in § 155-19, shall be referred to the Planning Board by the Zoning Inspector at the following regularly scheduled Planning Board meeting for a decision thereon.
[Amended 6-2-1987 by L.L. No. 1-1987]
A.
In acting on any proposed site plan and/or special
permit, the Planning Board shall take into consideration the requirements
of the Town Development Plan and the Official Map as they may exist.
The Planning Board shall also consider the comments and recommendations
of all agencies to which referral is mandated by law. In addition,
the Planning Board shall determine that:
(1)
The proposed location of main and accessory buildings
on the site and their relation to one another, traffic circulation
within the site, height and bulk of buildings, provision of off-street
parking space, provision of buffer areas and other open spaces on
the site, and display of signs and external lighting is such that
any development will adequately handle pedestrian and vehicular traffic
within the site and in relation to the street system adjoining, and
will harmoniously and satisfactorily fit in with contiguous land and
buildings and adjacent neighborhoods. In addition, the Planning Board
shall consider the factors of drainage, road alignment and other engineering
aspects of such site plan, and may require the review of such factors
by engineering authorities appointed by the town.
(2)
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, are such that it will
be in harmony with the appropriate and orderly development of the
district in which it is located.
(3)
The location, nature and height of buildings, walls
and fences, and the nature and extent of the landscaping on the site,
are such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
(4)
Parking areas will 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.
B.
The Planning Board shall recommend additional conditions
and safeguards to the site plan or special permit as are necessary
to assure minimum adverse impact and continual conformance to all
applicable standards and requirements such that operation in connection
with any special permit use will not be more objectionable to nearby
properties by reason of noise, fumes, vibration, electromagnetic radiation,
flashing of lights and similar nuisance conditions, than would be
the operations of any permitted use not requiring a special permit.
C.
The Planning Board shall review all uses requiring special permits and/or site plan approval. Based upon a consideration of the requirements and conditions of §§ 155-18, 155-19, 155-20 and 155-21, and all subsections thereof, the Planning Board shall approve, approve with conditions, or disapprove site plans and/or uses requiring special permit.
D.
The Planning Board, within 62 days of the referral of an application pursuant to § 155-20 of this chapter, shall hold a public hearing on said application if requested by the applicant or a resident of the Town of Olive and shall give public notice thereof by publication in the official newspaper of such hearing at least five days prior to the date thereof, and shall decide the same within 62 days after such hearing, or within 62 days after referral of the application if no hearing has been held, provided that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board shall be filed with the Town Clerk within five business days and a copy thereof mailed to the Zoning Enforcement Officer and the applicant.[1]
E.
Appeal of decision of the Planning Board. Any person
aggrieved by any decision of the Planning Board or any officer, department,
board or bureau of the town may apply to the Supreme Court for review
by a proceeding under Article 78 of the Civil Practice Law and Rules.
Such proceedings shall be instituted within 30 days after the filing
of a decision in the office of the Town Clerk. The court may take
evidence or appoint a referee to take such evidence as it may direct
and report the same with his findings of fact and conclusions of law,
if it shall appear that testimony is necessary for the proper disposition
of the matter. The court at a special term shall itself dispose of
the cause on the merits, determining all questions which may be presented
for determination.
A.
Notice to abutting property owners. At the time of
application referral to the Planning Board, the Zoning Inspector shall
notify all abutting landowners noted on the drawings with respect
to the application for a site plan and/or special permit.
B.
Issuance of permit. If the decision of the Planning
Board is approval, the Zoning Enforcement Officer shall issue such
permit. If the decision of the Planning Board is approval with conditions,
the Zoning Enforcement Officer shall issue such permit with the conditions
attached to such permit. If the decision of the Planning Board is
disapproval, the Zoning Enforcement Officer shall deny the issuance
of said permit. If the Zoning Enforcement Officer receives no decision
by the Planning Board within the time a decision must be made as provided
in the chapter, then the Zoning Enforcement Officer shall issue the
permit for which the application was submitted.
[Amended 6-2-1987 by L.L. No. 1-1987[1]]
[1]
Editor's Note: This local law also repealed
former Section 335, Appeal of Decision of Zoning Inspector, which
immediately followed this section.
A special permit and/or site plan approval by
the Planning Board shall be deemed to authorize only the particular
use or uses specified in the approval, and shall expire if a zoning
permit is not requested within 12 months from the date of approval;
if a certificate of occupancy is not requested within 24 months from
the date of approval; or if said uses shall cease for more than 12
months for any reason, including, but not limited to, lack of operation
or maintenance in accordance with the conditions and safeguards established
at the time of approval.
No permit shall be issued for a special permit
use or site plan approval for a property upon which there is an existing
violation of this chapter. This does not prohibit a special permit
on a legal preexisting use.
A special permit use shall conform in all respects
to all the regulations of this chapter and, particularly, to those
regulations in the schedules of regulations for the zoning district
in which the special permit use is located, except that the regulations
in the following paragraphs shall apply when they are more restrictive:
A.
Additional requirements for permitted uses in floodplain areas (reference Olive Code Chapter 97).
[Amended 7-13-2021 by L.L. No. 2-2021]
(1)
Where a site is subject to flooding, the Planning
Board shall require an area sketch map, showing the location and elevation
of the site and its relation to the stream or creek which causes the
flooding. The Board may also require data on the quantity of flow
to be handled by the stream or creek based on a fifty-year storm,
the existing slope of the stream channel, and the existing, minimum
cross-sectional area of the stream adjacent to the site.
(2)
Where a site is subject to flooding, buildings shall
be located only in accordance with a site plan approved by the Planning
Board. Where protective works or other improvements are proposed or
required, an improvements plan shall be submitted showing such improvements.
(3)
As an aid in reaching its decision, the Planning Board
shall require proof that the land in question does not presently flood,
or, if such land does flood, that it can and will be reasonably prevented
from flooding.
