[Added 3-26-2001 by L.L. No. 2-2001]
Prior to the issuance of a permit, the Zoning Enforcement Officer shall require special use permit approval by the Planning Board pursuant to this article. The Zoning Enforcement Officer shall notify an applicant for a permit when special use permit approval is required in accordance with the provisions of this article.
All special permit uses specified in the Malone Village Code shall be subject to review and approval by the Planning Board in accordance with the procedures and standards included herein. In all cases where this article requires such special use permit authorization by the Planning Board, no permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer except upon authorization of and in full conformity with plans approved by the Planning Board.
The Planning Board shall review and act on all special use permit applications in accordance with the procedure set forth in Article XVI except that a public hearing shall be mandatory.
The Planning Board shall conduct a public hearing within 62 days of receiving a complete 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. The Planning Board shall additionally provide notice as follows:
By publishing, at least five calendar days prior to the date thereof, a legal notice in the official newspaper of the Village.
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 adjacent and/or opposite the subject property held by the applicant. Notice shall be provided by certified mail at least five calendar days prior to the hearing, with compliance with this notification procedure certified to by the Secretary of the Planning Board.
The names of owners notified shall be taken as such appear on the last completed tax roll of the town.
Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not invalidate an action taken by the Village in connection with granting or denying a special use permit application.
If the land involved in the application lies within 500 feet 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.
All applications made to the Planning Board shall be in writing on forms prescribed by the Village. The applicant shall be required to furnish such preliminary plans, drawings and specifications as may be required for an understanding of the proposed development.
Approval is conditional upon the provision of adequate safeguards to protect the health, safety and general welfare of the public and minimize possible detrimental effects of the proposed use on adjacent property.
Adjacent land uses. The proposed use should not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. To the extent possible, the proposed use shall not have a negative effect on adjacent land uses.
Location and size of use. The nature, scale 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, to the extent possible, be in harmony with the orderly development of the district.
Vehicular access and circulation. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, drive-through stacking and exit lanes, links with adjacent and nearby land uses, road widths, alignment, grade, pavement surfaces, channelization structures, visibility and traffic controls shall be considered.
Pedestrian circulation. Adequacy and arrangement of pedestrian traffic access and circulation, links with adjacent and nearby land uses, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience shall be considered.
Parking. Location, arrangement, appearance and sufficiency of off-street parking and loading shall be considered.
Layout. The location, arrangement, size, design and general site compatibility of buildings, lighting and signage shall be considered.
Drainage facilities and erosion control. Adequacy of stormwater management plans and drainage facilities with regard to their impact on adjoining properties and downstream structures shall be considered.
Water and sewer. Adequacy of water supply and sewage disposal facilities and their compliance with all applicable regulations shall be required.
Vegetation. The type and arrangement of trees, shrubs and other landscaping components shall be considered. Existing vegetation shall be retained to the extent possible.
Emergency access. Adequate provision of fire, police and other types of emergency vehicles shall be made.
Flooding. Special attention shall be given to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flood and/or erosion.
Lighting. The impacts of lighting on adjacent areas and areas within viewing distance shall be considered.
Other. Other elements integral to the proposed site plan development as considered necessary by the Planning Board.
In addition to the above general standards, the following specific standards shall apply:
Gasoline sales stations. Specific consideration shall be given to traffic flow, as well as danger to the general public due to hazards of fire and explosion.
Bulk storage of flammable liquids. When above ground and intended for commercial or industrial purposes, all storage and handling facilities shall be at least 400 feet from any residential district.
Adult uses are recognized as having serious objectionable operational characteristics, including deleterious effects upon nearby areas. Special regulation of such uses is necessary to ensure that they do not contribute to the blighting of the area.
No adult use shall be located within 1,500 feet of the nearest property line of any residential use; public, parochial or private school; educational institution; museum; library; commercial recreational facility; public recreation facility; or place of worship.
No adult use shall be within 1,500 feet of any other adult use.
Proposed projects are actions subject to the provisions of SEQRA. Prior to rendering its decision, the Planning Board shall follow all applicable procedures in accordance with Article 8 of the Environmental Conservation Law and Part 617 NYCRR.
Costs incurred by the Planning Board for consultation fees, staff review cost or other expenses in connection with the review of a proposed site plan shall be charged to the applicant together with other reasonable cost agreed to by the applicant and the Planning Board.
The Zoning Enforcement Officer shall be responsible for the general inspection of the ADPSP improvements, including coordination with the Planning Board and other officials and agencies, as appropriate. The applicant shall submit as-built plans, prepared and certified to by a professional engineer, to the Zoning Enforcement Officer. Said as-built plans shall show to scale all improvement(s) as they were built, as compared to the way they were submitted and approved on the detailed site plan. As-built plans shall be reviewed by the Village and, when necessary, revised by the professional engineer to show "as-built data" and then be resubmitted for review. The as-built plan submittal process shall be repeated until all ADPSP improvements are shown thereon and the information is in compliance with the ADPSP. If the as-built site plan data does not comply with the ADPSP conditions, the applicant shall correct the condition and cause a new as-built plan to be submitted for review. All costs associated with the preparation and submittal of the as-built plans or any reconstruction of the site plan improvements to comply with the ADPSP shall be the responsibility of the applicant.
No certificate of occupancy for any portion of the proposed project shall be issued until all improvements shown on the site plan are installed and found to be in compliance with the ADPSP by the Zoning Enforcement Officer, with the final as-built plans, or a sufficient performance guaranty has been posted for site plan improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Village Board after consultation with the Planning Board, Zoning Enforcement Officer, Village Attorney and other appropriate parties.
A temporary certificate of occupancy may be issued by the Zoning Enforcement Officer for up to 80% of the building area or complex of structure area within the ADPSP, provided that the following items are provided by the applicant and accepted by a resolution of the Village Planning Board:
All building improvements for the area to be occupied have been completed, inspected and found to meet the minimum life safety requirements of the New York State Uniform Fire Prevention and Building Code by the Zoning Enforcement Officer.
As-built plans, as required above, have been prepared and submitted and show all site plan improvement data for site plan improvements completed to date.
A list of uncompleted but required site plan improvements shown on the ADPSP, together with a cost estimate representing the costs associated with the work necessary to complete all required site plan improvements as shown on the ADPSP.
A performance guaranty, in an amount equal to 150% of the cost estimate submitted in Subsection A(3) above, in the form of cash, bank check or irrevocable letter of credit from a local bank or such other form acceptable to the Village Attorney in an amount acceptable to the Village Planning Board, for all uncompleted site plan improvements, including the as-built site plan preparation and submittal process.
A site plan certificate of occupancy agreement prepared by the Village Attorney, signed by the applicant, and reviewed and approved by a resolution of the Village Board.
A temporary certificate of occupancy shall not be issued by the Zoning Enforcement Officer until he/she has received a signed copy of the site plan certificate of occupancy agreement.
Whenever the particular circumstances of proposed development require compliance with other requirements of the Village, the Planning Board shall attempt to integrate, as appropriate, special use permit review as required by this article with the procedural and submission requirements for such other compliance.
Any person aggrieved by a decision of the Planning Board may apply to the Supreme Court for a 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 by such Board in the office of the Village Clerk.