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:
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]
(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]
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]
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]
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.
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.
