Town of Waterford, NY Article XIII Special Use Permits

§ 161-79 Special use permits procedures and application requirements.

A. Authorization to grant or deny special uses. The Town Board authorizes the Planning Board to grant or deny special uses in accordance with the requirements set forth in this article. No use listed in this chapter as requiring a special use permit may be permitted, enlarged, or altered unless approved first by the Planning Board. All applications that require special use permit approval shall also require site plan review and approval conducted concurrently.

B. Applications for special use. Any application for a special use permit shall be made in writing. The application and required information shall be delivered to the Planning Board Chair at least 10 days prior to the date of the next regular meeting of the Planning Board. Time frames outlined in this section shall not initiate until the Planning Board has deemed the application complete. Seven copies of the application and required information as set forth below shall be submitted.

(1) The application must include an environmental assessment form (EAF) and all necessary documentation to comply with State Environmental Quality Review Act,[1] 6 NYCRR Part 617 (SEQRA). No application shall be deemed complete until a determination of no significance has been made, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content, and adequacy.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

(2) Fees. Fees for the special use permit application shall be in accordance with any fees established by the Town of Waterford. All application fees as may be established by the Town Board are in addition to any required escrow fees.

(3) Expenses. The applicant shall be responsible for the total cost of environmental reviews determined to be necessary to meet requirements of SEQRA as per Section 617.13 of Title 6 of NYCRR. The Planning Board may also incur other expenses in order to properly review documents or conduct special studies in connection with the proposed application, including but not limited to the reasonable costs incurred for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of a special use permit application. All fees shall be established by the Planning Board and charged to the applicant. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for a special use permit. The amount so determined shall be deposited by the applicant in an escrow account established with the Town Clerk prior to the Planning Board's commencing any review of the application. If the amount that is deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible, the Planning Board, in its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any special use permit be approved until such sums have been paid in full.

(4) Informal consultation. Prior to submission of a formal application, applicants are encouraged to meet with the Town Building Inspector to review submission requirements. Applicants are also encouraged, but not required, to discuss the proposal with abutting landowners to ascertain any issues early in the application process.

C. Procedures.

(1) Coordination with site plan. The Planning Board shall review site plans and special use permit applications concurrently. All procedural and submission requirements shall be coordinated so as not to delay review and decisionmaking. In order to facilitate this coordination, any required information from Article XIV of this chapter (Site Plan Review) shall accompany the special use permit application.

(2) Area variance. Where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance, without the necessity of a decision or determination by the Building Inspector.

(3) Use variance. All use variance applications to the Zoning Board of Appeals shall be made only after denial of a permit by the Building Inspector.

(4) Public hearing required. The Planning Board shall determine whether an application is complete or not. Within 62 days of receipt of a completed Town of Waterford application, the Planning Board shall hold a public hearing. Notice of the public hearing shall be published in the official newspaper at least five days prior to the date set for public hearing and posted on Town website. The Planning Board shall send, or cause to be sent, notice of the Public Hearing to all current property owners adjacent to, directly opposite, or within 500 feet of the applicant's property. Notice shall be mailed, by the applicant, certified mail, return receipt requested, at least 10 calendar days prior to the hearing. The applicant shall submit the certified mail receipts to the Planning Board prior to the opening of the public hearing. The Planning Board shall also give notice to an adjacent municipality at least 10 days prior to when a hearing is held by the Planning Board related to special use permit approval on property that is within 500 feet of an adjacent municipality as per GMU § 239-nn.

(5) Notice to applicant and Saratoga County Planning Board. At least 10 days before such hearing, the Planning Board shall mail public hearing notices for the application to the applicant and to the Saratoga County Planning Board as required by § 239-m of the New York State General Municipal Law, which shall be accompanied by a full statement of such proposed action. The county referral shall apply to real property within 500 feet of the following:

(a) The boundary of any village or town; or

(b) The boundary of any existing or proposed county or state park or other recreation area; or

(c) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road, or highway; or

(d) The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

(e) The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or

(6) SEQRA. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. An application shall not be deemed complete until a negative declaration has been adopted, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content, and adequacy.

(7) Other agency review. In its review, the Planning Board may consult with the Town Highway Superintendent and may consult with local emergency personnel or other agencies and professionals such as, but not limited to, an engineer, attorney, surveyor, or land use/environmental planner and other Town and county officials and boards, as well as with representatives of federal and state agencies, including the Soil and Water Conservation District, the United States Army Corps of Engineers or the New York State Department of Environmental Conservation. All fees related to consultation with professionals shall be borne by the applicant.

(8) The Planning Board shall require proof that all permits required by other agencies have been applied for prior to final approval. The Planning Board may approve a special use permit application contingent upon final approval of such application by other agencies. The Building Inspector shall ensure that all other agency approvals have been received and all conditions required by the Planning Board are met prior to issuing a building permit. Such zoning permit shall be approved prior to the Building Inspector issuing a building permit.

(9) Decisions.

(a) Time of decision. The Planning Board shall decide upon the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and the New York State General Municipal Law § 239-m. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

(b) Type of decision. In rendering its decision, the Planning Board shall approve, disapprove or approve with modifications and conditions the special use permit application. In authorizing the issuance of a special use permit, the Planning Board has the authority to impose such reasonable conditions and restrictions as are directly related to, and incidental to, the proposed special use. The Planning Board shall impose additional conditions and safeguards to the special permit use as are directly related to and incidental to the proposed special use permit and which may be necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced. Restrictions and/or conditions may include those related to design of structures or operation of the use necessary either to ensure compatibility with the surrounding uses or to protect the resources of the Town. The Planning Board's decision shall be in writing and shall include an explanation in reasonable detail of the basis for the Board's decision and shall also set forth all conditions which apply to the special permit, if granted. Upon its granting of said special use permit, any such conditions must be met before issuance of permits by the Building Inspector.

(c) Filing. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered, and a copy thereof shall be mailed to the applicant and also provided to the Building Inspector.

(d) A special use permit shall be deemed to authorize only the particular special use or uses permitted. Once a special use permit has been granted, it shall apply to the approved use on that parcel regardless of ownership, as well as to any subsequent use of the property in the same use category as per the Use Table[2] for that district, provided that such use has no greater impact on adjoining properties, complies with all terms and conditions of the special use permit, and does not involve new construction, enlargement, exterior alteration of existing structures, increased parking, or other changed use of outdoor areas, or lapses in use.

[2] Editor's Note: Table 1, Use Table by District, is included as an attachment to this chapter.

D. Lapses, revocation and expiration.

(1) Special use permits will expire if the applicant fails to obtain a building permit or fails to comply with the conditions of the special use permit, unless other provisions are set forth by the Planning Board in connection with its approval, within 18 months after approval.

(2) A special permit may be revoked by the Planning Board if, after notice to the holder of the permit and an opportunity for hearing, it is determined that the conditions of the special use permit have been violated.

(3) A special use permit will expire if the special use or uses shall cease for more than three years for any reason. If a use subject to an approved special use permit had been in continual operation but has since lapsed in operation for more than three years between Planning Board approval and reinitiation of such use, the Planning Board shall require a review of such use prior to reinstatement to ensure that all original conditions of the special use permit are still valid. In either case, the Planning Board may, after review, reinstate, or reinstate with conditions such lapsed use. Such Planning Board review shall be initiated through action by the Building Inspector.

(4) Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this chapter shall be deemed a violation of this chapter and shall be subject to enforcement as provided in this chapter.

E. Renewal of permit. The Planning Board, as a condition of approval, may require that special use permits be renewed periodically. When the Planning Board has established such a condition of approval, at least 90 days prior to the expiration of a special use permit, the applicant shall apply to the Building Inspector for renewal of the special use permit. The Building Inspector shall inspect premises and provide the Planning Board with a written evaluation of whether the terms of the conditions specified in the special use permit have been met. The Planning Board shall then determine if the special use permit should be renewed, modified, or revoked.

F. Existing violation. No special use permit shall be issued for a property in violation of this chapter unless the granting of a special use permit and site plan approval will result in the correction of the violation.

G. Expansion of special use. The expansion of any special use shall require amendment and approval of the special use permit by the Planning Board in accordance with the procedures set forth in this chapter. For purposes of this section, "expansion" shall be interpreted to mean an increase in the floor or lot area allocated to the special use, an increase in development coverage, or an increase in the intensity of the use, e.g., an increase in traffic or need for on-site parking.

§ 161-80 Standards applicable to all special uses.

A. General criteria.

(1) The 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 shall be in harmony with the orderly development of the district and shall be compatible with the neighborhood in which it is located and with the small town character in the district.

(2) The proposed use shall safeguard the values of surrounding properties from noise, glare, unsightliness, or other objectionable features and will not have an adverse impact on adjacent properties.

(3) The proposed use shall protect natural environmental features, will not negatively impact traffic, and will have no greater overall impact on the site and its surroundings than would full development of uses of the property permitted by right, considering environmental, social, and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances.

(4) The location, nature and height of buildings, walls and fences, and the nature and intensity of intended operations shall not discourage the appropriate development and use of adjacent land and buildings nor impair the value thereof;

(5) The landscaping of the site shall be in character with that prevailing in the neighborhood;

(6) The character and appearance of the proposed use, building, structures, and signs shall be in harmony with the character and appearance of the surrounding neighborhood.

B. Specific criteria.

(1) The lot shall be of sufficient size, appropriate and adequate for the proposed use and the reasonably anticipated operation and expansion of that use.

(2) Access entrances and exits shall not have the effect of creating traffic congestion or a potentially unsafe condition. In this regard, the Planning Board may consider the estimated traffic to and from the site and the use of the site by customers and/or the public.

(3) The proposed use shall not alter either the level of service on the road that serves it or significantly alter the essential character of that road.

(4) All proposed curb cuts and/or driveways shall be approved by the appropriate agency or agencies having jurisdiction.

(5) There shall be adequate off-street parking and loading facilities sufficiently constructed for the anticipated number of occupants, both employees and patrons or visitors. The layout for the spaces and driveways adequately addresses all known safety issues. Although on-street parking may be allowed, safety must be considered.

(6) Adequate buffering and screening between the proposed site and adjoining properties shall be provided for in order to adequately protect the characteristics and uses of the adjacent properties and land uses.

(7) There is an adequate supply of water to the site and adequate provisions have been made for sewage, refuse or other waste. The applicant shall show that any public water and sewer infrastructure to be used by the special use has capacity to support the proposed special use.

(8) The applicant shall provide for adequate collection and disposal of all drainage and stormwater runoff from the site following DEC stormwater guidance and pursuant to Chapter 142, Stormwater Management and Erosion and Sediment Control of the Town of Waterford Code.

(9) The location, size of the use, nature and intensity of the operations, site layout and its relation to streets and highways giving access to the site shall be such that the proposed use will not be hazardous, inconvenient or detrimental to the neighborhood.

(10) No emission of vibration, fly ash, dust, smoke, vapors, gases, or other forms of air pollution shall be permitted which can jeopardize human health or animal or plant life or which otherwise contributes to the deterioration of or detracts from adjacent properties.

(11) The proposed use shall be designed and carried out in a manner that does not adversely affect historic, aesthetic, and natural environmental features on the site and in adjacent areas, including but not limited to steep slopes, wetlands, scenic byways, shoreline and waterfront areas, and historic resources. The proposed use does not adversely impact historic landscapes or structures, especially those in the Northside and Barge Canal Historic Districts.

(12) All proposed buildings, structures, equipment, and/or material shall be readily accessible for fire, police, and other emergency service protection.