A.
Purpose. Pursuant to the land use policies and goals of the Town
of Johnstown, it is the policy of the Town of Johnstown to balance
the allowance and encouragement of a variety of uses of land and to
foster economic opportunities within the municipal boundaries of the
Town, provided that such uses do not unreasonably and adversely affect
neighboring properties, the natural environment, the rural and historic
character of the Town or the long-term development of the Town. Many
uses are, therefore, permitted only upon issuance of a special use
permit by the Planning Board in order to ensure that these uses are
appropriate to their surroundings and satisfy performance criteria
on a case-by-case basis. In some instances, approval of a site plan
by the Planning Board is also required. In such cases, the applicant
may request that the procedures for the special use permit and site
plan approval be run concurrently and such request will not be unreasonably
denied.
B.
Applicability. Uses requiring special use permits are identified
in the Use Table found in Appendix A. Accessory uses or structures
used in connection with a special use permit use shall be subject
to the same special use permit approval requirements as the principal
structure or use.
C.
Required plans and submittals. Because the impact of special use
permit uses varies greatly, the information required to be submitted
for a special use permit may vary depending upon the scale, intensity,
nature of the proposed use and its proposed location. An applicant
for a special use permit shall submit at least one original and 10
copies of the following together with whatever other information the
Planning Board deems appropriate:
(1)
A Town of Johnstown special use permit application form.
(2)
A plot plan drawn to scale with accurate dimensions providing information
sufficient to enable the Board to make an informed decision, and an
agricultural data statement as defined below.
(3)
A narrative describing the proposed use and operation.
(4)
A short-form or long-form SEQRA environmental assessment form (EAF)
with Part 1 fully completed by the applicant (a long-form EAF is required
for all SEQRA Type I actions, but the Planning Board may require a
long-form EAF for unlisted actions if the Board deems that the additional
information contained on the long-form would be helpful and appropriate
under the circumstances of the project proposal).
(5)
The application fee as established by the Town Board, and an escrow deposit for reimbursement of cost of Town consultants (if required) pursuant to Article II of this chapter.
(6)
The Planning Board may waive or add any requirements for an application
submission if it deems appropriate in order to accomplish the purposes
set forth herein.
D.
Procedure.
(1)
Application.
(a)
Multiple uses. If an application is for a parcel or parcels
on which more than one use requiring a special use permit is proposed,
the applicant may submit a single application for all such uses. The
Planning Board may grant the application with respect to some proposed
uses and not others. For purposes of reviewing an application (and
for SEQRA compliance) all proposed uses on a single parcel or on contiguous
parcels shall be considered together.
(b)
Scheduling. In order for a special use permit application to be placed on the Planning Board's meeting agenda, the required application materials shall be submitted to the Planning Board at least seven days prior to the date of the Planning Board's meeting. In order for a pre-application conference, as described herein below in Subsection D(2), Optional Pre-application Conference, to be scheduled, a request for such conference shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted seven days prior to the meeting at which the conference is requested to be scheduled.
(c)
Completeness review. At the first meeting at which an application
is first presented as an agenda item, the Planning Board shall determine
whether the application is complete for purposes of commencing the
review process. If an application is determined to be incomplete,
the Planning Board shall notify the applicant in writing as to what
aspects of the application submittal are lacking or are otherwise
insufficient to start the process. The time-frames for Planning Board
action during the review process shall not commence until the submission
of a fully complete application with supporting documents and materials
and the determination by the Planning Board that the application is
complete.
(2)
Optional pre-application conference. Prior to submitting a completed
application, the applicant may elect to attend a Planning Board meeting
to discuss the nature of the proposed use and to determine the information
that will need to be submitted. The purpose of this meeting is for
the applicant and the Board to informally discuss the proposal and
the relevant issues involved before the applicant expends significant
time or money in application submittals.
(3)
Application for area variance. Where a proposed special use permit
application contains one or more features which do not comply with
the dimensional regulations of this chapter, application may be made
to the Zoning Board of Appeals for an Area Variance pursuant to this
chapter without a decision or determination by the Code Enforcement
Officer. The Planning Board shall decide whether such area variance
application and Zoning Board of Appeals decision on same must occur
as a condition to the issuance of the special use permit, as a prerequisite
for a complete special use permit application, or in conjunction with
the special use permit process.
(4)
SEQRA compliance. Upon receipt of application materials it deems
complete, the Planning Board shall initiate the New York State Environmental
Quality Review process by either circulating the application and Environmental
Assessment Form to all involved agencies (if coordinated review is
undertaken) or by issuing its determination of significance within
30 days of its acceptance of a completed application, EAF and other
supporting materials. Where the proposed action may have a significant
effect on the environment, the Planning Board shall issue a positive
declaration and require the submission of a Draft Environmental Impact
Statement (DEIS). No time periods for decision making in this chapter
shall begin to run until either acceptance of a DEIS as satisfactory
pursuant to New York State Department of Environmental Conservation
Regulations or the issuance of a negative declaration.
(6)
Agriculture data statement. An agriculture data statement is required
where the proposed use is located in, or within 500 feet of, the boundaries
of an agricultural district.
(a)
If an agricultural data statement has been submitted, the Secretary
of the Planning Board shall, upon receipt of the application, mail
written notice of the special use permit application to all owners
of land within 500 feet of the project property within an agricultural
district and containing farm operations as identified by the applicant
in the agricultural data statement. Such notice shall include a description
of the proposed project and its location. The cost of mailing the
notice shall be borne by the applicant.
(7)
Notice and hearing.
(a)
The Planning Board shall hold a public hearing on a complete
special use permit application within 62 days from the determination
of the Planning Board that the application is complete. The time in
which a public hearing must be held may be lengthened only upon consent
of the Applicant and Planning Board.
(b)
At least five days prior to the date of such hearing, the Planning
Board shall give public notice by causing the publication of a notice
of such hearing in the official newspaper and by mailing a notice
thereof to all adjoining property owners and to any other property
owners in the affected area that the Planning Board may require to
be notified.
(c)
In the case of a hearing held on an application on a property
that is located within 500 feet of an adjacent municipality, the Planning
Board must give notice of the hearing to the Clerk of the adjacent
municipality, by either mail or electronic transmission, at least
10 days prior to the hearing pursuant to General Municipal Law § 239-m.
(8)
Review criteria.
(a)
In considering and acting on uses requiring a special use permit,
the Planning Board shall consider the public health, safety, and general
welfare. The Board shall also consider potential environmental impacts
and the comfort and convenience of the public in general, the residents
of the proposed development, and the residents of the immediate surrounding
area. The Board may prescribe such appropriate conditions and safeguards
as may be necessary in order that the results of its action shall,
to the maximum extent possible, further the accomplishment of the
criteria set forth below. A special use permit shall not be granted
until the Planning Board finds that the following criteria, as well
as any special criteria, if any, for the particular type of use set
forth as a special use permit Condition have been met:
(b)
Harmony with master plan. The use shall be in harmony with and
promote the goals and objectives of the current Master Plan for the
Town, and shall be in compliance with this chapter and shall promote
the health, welfare and safety of the public.
(c)
Compatibility. The proposed use shall be compatible with the
character of neighborhood, the area, the zoning district and the community
surrounding the location of the proposed use and will not unduly prohibit
or discourage future planned growth in the area.
(d)
Access, circulation and parking. The proposed use shall have
safe and efficient access for pedestrians and vehicles, shall provide
for appropriate off-road parking and loading areas. The interior circulation
system must be adequate to provide safe accessibility to all parking
spaces and that adequate and safe integration of pedestrian and vehicular
movement is provided.
(e)
Infrastructure and services. There shall be sufficient infrastructure
and services, including utilities, public facilities and services,
available for the proposed use or that the project extends or provides
infrastructure and services for the area where the proposed use is
located. There shall also be facilities and services implemented by
the applicant to appropriately control any potential nuisances from
the operation of the use such as control of litter or trash, loitering
and crime prevention, and any other features or aspects of the operation
of the proposed use that may affect the public safety, health and
general welfare.
(f)
Environment and natural features. The proposed use shall be
compatible with, and appropriately protect environmental and natural
resources, including the environmental and physical suitability of
the site for development and the general landscaping, screening and
buffering shall be in character with the surrounding areas, and the
risk of fire, flood or erosion and impacts such as emissions of electrical
charges, dust, light, vibration or noise detrimental to the public
health, safety and welfare shall be minimized to the maximum extent
practicable.
(g)
Long term effects. The proposed use shall provide positive or
beneficial effects on the long-term economic stability, environmental
integrity and community character of the Town and surrounding properties,
districts and uses.
(h)
Compliance with supplemental regulations. The proposed use shall
be compliant with any applicable special use permit criteria or supplemental
regulations established in this chapter.
(9)
Action.
(a)
The Planning Board shall grant, deny, or grant subject to conditions
the application for a special use permit within 62 days after the
hearing. Any decision by the Planning Board shall contain written
findings explaining the rationale for the decision in light of the
general criteria contained in this article as well as any special
criteria for the particular type of use as established in this chapter.
(b)
In granting a special use permit, the Planning Board may impose
conditions that it considers necessary to protect the health, safety,
and welfare of the Town and to achieve the purposes contained in this
chapter and the Town's Master Plan. These conditions may include
increasing dimensional or area requirements, specifying location,
character and number of vehicle access points, requiring landscaping,
planting and screening, requiring clustering of structures and uses
in order to minimize the burden on public services and facilities
and protect open space, requiring the protection of open space of
conservation value using conservation easements, and requiring action
by the applicant (including the posting of performance bonds and furnishing
of guarantees) to insure the completion of the project in accordance
with the terms and conditions applicable thereto.
(10)
Expiration, change of use, revocation, and enforcement.
(a)
A special use permit shall expire if the special use permit
use or uses cease for more than 12 consecutive months for any reason,
if the applicant fails to obtain the necessary Certificate of Compliance
or fails to comply with the conditions of the special use permit within
12 months of its issuance, or if its time limit specified in the special
use permit expires without renewal.
(b)
A special use permit shall apply to the use for which it has
been granted, as well as to any subsequent similar use of the property
which complies with all terms and conditions of the special use permit
(as determined by the Code Enforcement Officer in issuing a Certificate
of Compliance) and which does not involve any new construction, enlargement,
exterior alteration of existing structures, or changed use of outdoor
areas. Any other change to a use allowed by special use permit shall
require the granting of a new special use permit or a special use
permit amendment.
(c)
A special use permit may be revoked by the Town CEO if the permittee
violates the conditions of the special use permit or engages in any
construction or alteration not authorized by the special use permit.
(d)
Any violation of the conditions of a special use permit shall
be deemed a violation of this chapter, and shall be subject to enforcement
action as provided herein.
E.
Findings required. In granting or denying special use permits, the Planning Board shall take into consideration the type, scale and intensity of the proposed project, the surrounding area, the possible impact of the proposed project on nearby properties and uses, the criteria set forth in this article, Subsection D(8), Review Criteria, any applicable requirements and purposes of this chapter, and the policies and goals of the current Master Plan. The Planning Board shall set forth its findings in writing as part of its decision-making process.
F.
Amendments. The terms and conditions of any special use permit may
be amended in the same manner as required to grant a special use permit,
following the criteria and procedures in this article. Any enlargement,
alteration, or construction of accessory structures subject to a valid
special use permit shall require a special use permit amendment.
