The Town Board authorizes the Planning Board to grant or deny special uses in accordance with the requirements set forth in this section. No special use listed in this chapter may be permitted, enlarged or altered unless approved by the Planning Board.
Any application for a special use permit shall be made in writing. The application and required information shall be delivered to the Code Enforcement Officer 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.
A. 
The application must include the appropriate Environmental Assessment Form (EAF) and all necessary documentation to comply with State Environmental Quality Review Act, 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.
B. 
Fees. Fees for the special use permit application shall be in accordance with any fees established by the Town of Busti. All application fees as may be established by the Town Board are in addition to any required escrow fees.
C. 
Expenses. The applicant shall be responsible for the total cost of environmental reviews determined to be necessary to meet requirements of SEQRA as per 6 NYCRR Part 617.13. The Planning Board may also incur other extraordinary expenses to properly review documents or conduct special studies in connection with the proposed application, including, but not limited to, the reasonable costs incurred by the Planning Board 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 reasonable fees shall be 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 by the Planning Board shall be deposited by the applicant in escrow with the Town Clerk prior to the Planning Board's commencing any review of the application. If the amount so 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.
D. 
Informal consultation. Prior to submission of a formal application, applicants are encouraged to meet with the Code Enforcement Officer 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.
A. 
Coordination with site plan. Application for a special use permit may also require site plan review. Both reviews shall be conducted by the Planning Board concurrently. All procedural and submission requirements shall be coordinated so as not to delay review and decision making. To facilitate this coordination, any required information from Article XI (Site Plan Review) shall accompany the special use permit application.
B. 
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 pursuant to Article XIII, without the necessity of a decision or determination by the Code Enforcement Officer.
C. 
Use variance. All use variance applications to the Zoning Board of Appeals shall be made only after denial of a permit by the Code Enforcement Officer.
D. 
Public hearing required. The Planning Board shall determine whether an application is complete or not. Within 62 days of receipt of an application which contains all the required submittals and deemed complete, 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. The Planning Board shall send, or cause to be sent, notice of the Public Hearing to abutting property owners and those agricultural operators identified on an Agriculture Data Statement as may be required, by certified mail, return receipt requested at least seven days prior to the public hearing.
E. 
Notice to applicant and Chautauqua County Planning Board. At least 10 days before such hearing, the Planning Board shall mail such notices to the applicant and to the Chautauqua County Planning Board as required by § 239-m of the 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:
(1) 
The municipal boundary.
(2) 
The boundary of any existing or proposed county or state park or other recreation area.
(3) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
(4) 
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.
(5) 
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(6) 
The boundary of a farm operation located in an agricultural district, as defined by Article 25-aa of the Agriculture and Markets Law.
F. 
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.
G. 
Other agency review. In its review, the Planning Board may consult with 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 as per this section.
H. 
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 Code Enforcement Officer shall ensure that all other agency approvals have been received and all conditions required by the Planning Board are met prior to issuing a zoning and building permit. Such zoning permit shall be approved prior to the Code Enforcement issuing a building permit.
I. 
Decisions.
(1) 
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 General Municipal Law §§ 239-l and 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.
(2) 
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. Upon its granting of said special use permit, any such conditions must be met before issuance of permits by the Code Enforcement Officer.
(3) 
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.
(4) 
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 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.
A. 
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, 18 months after approval.
B. 
A special use permit may be revoked by the Planning Board if, after notice to the holder of the permit and an opportunity for a hearing, it is determined that the conditions of the special use permit have been violated.
C. 
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 Code Enforcement Officer.
D. 
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.
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 Code Enforcement Officer for renewal of the special use permit. The Code Enforcement Officer shall inspect premises and provide the Planning Board a written evaluation of whether the terms of the conditions of the Permit have been met. The Planning Board shall then determine if the special use permit should be renewed, modified, or revoked.
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.
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, increased hours of operation, or an increase in the intensity of the use, e.g., an increase in traffic or need for on-site parking.
A. 
In authorizing the issuance of a special use permit, the Planning Board shall take into consideration the public health, safety, and welfare of the community, the purposes of this chapter, and the Town of Busti Comprehensive Plan, and shall prescribe appropriate conditions and safeguards to ensure the proposed use's scale and intensity are compatible with adjoining properties, and with the natural and built environment and character in the area. The Planning Board shall ensure that the application will accomplish the following objectives:
(1) 
Location, arrangement, size, nature, intensity of operations, and design of the special use, including all principal and accessory structures associated with that use, shall be compatible and consistent with the neighborhood in which it is located and with the rural and small town character of Busti.
(2) 
It shall not allow any noise, glare, unsightliness, or other objectionable features that may adversely impact surrounding properties in the district.
(3) 
The proposed use shall not produce dust, smoke, vibration, emissions or discharges that are hazardous to persons, structures, or the environment.
(4) 
The proposed use shall protect natural environmental features.
(5) 
No proposed specially permitted use will negatively impact traffic and shall have no greater overall impact on the site and its surroundings than would full development of uses of the property permitted by right.
(6) 
The special use shall ensure accessibility by fire, police and emergency vehicles and such services shall have sufficient capacity to address any emergency related to such use.
(7) 
The use shall be consistent with the requirements for site plan approval established in Article IX.
(8) 
The special use shall not negatively impact historic or scenic features.
(9) 
The special use shall be in harmony with the orderly development of the district and shall not impair the value of other properties in that district.
(10) 
The level of municipal and other services supporting the proposed activity or use is, or will be, available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface water or groundwater.
(11) 
The Planning Board shall impose additional conditions when approving a special use when deemed necessary to ensure continued conformance with the standards and requirements of this chapter. Such conditions shall be directly related and incidental to the proposed special use permit. Further, these conditions shall be able to be responsibly monitored and enforced. The conditions imposed may be related to both structural design and operation of the use (including hours of operation) provided they ensure compatibility with the surrounding uses or to protect the resources of the Town.