A.
The special uses for which conformance to additional standards is
required by this chapter shall be deemed to be permitted uses in their
respective districts, subject to the satisfaction of the requirements
and standards set forth herein (in addition to all other requirements
of this chapter) to mitigate land use or nuisance concerns that may
arise from such uses and to ensure the proposed use is in harmony
with the intent of this chapter and will not adversely affect the
neighborhood. All such uses are declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case.
C.
A special use permit application shall be initially submitted to
the Code Enforcement Officer and, if deemed sufficient by the Code
Enforcement Officer, transmitted to the Planning Board for a special
use permit in accordance with the standards and procedures set forth
in this article. No building permit or certificate of occupancy shall
be issued by the Code Enforcement Officer except upon authorization
of and in full conformity with plans approved and conditions imposed
by the Planning Board.
D.
In accordance with the District Schedule of Uses, certain uses requiring
the issuance of a special use permit are additionally subject to site
plan review and approval.
A.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare, and the comfort and convenience of the public in general, and that of the immediate neighborhood in particular. The Planning Board shall also take in strict account the supplementary standards set forth in Article IX for certain uses, applicable regulations found in Articles V and VI, and the following general objectives for any use requiring authorization from the Planning Board:
(1)
The location, scale, height, and design of any new or existing building(s)
to be occupied by the use, the layout of new buildings on the site,
and the size of the site in relation to the use shall not change the
established character of the street or neighborhood setting and shall
be in harmony with the orderly development of the district in which
the proposed use would be located.
(2)
The location, design and height of walls, fences, outdoor signs,
and outdoor lighting; the nature and extent of screening and landscaping;
and the nature and intensity of intended operations of the use shall
not discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof. Examples of measures of
potential impacts due to the nature and intensity of operations include,
but are not limited to, traffic generation, hours of operation, size
and scale, noise, odor, dust, vibration, glare, smoke, environmental
hazards, and other nuisances.
(3)
The use shall be carried out in a manner compatible with its environmental
and historic setting and with due consideration to the protection
of natural and cultural resources.
(4)
The use will not unreasonably increase or introduce traffic congestion
or safety hazards or impose traffic volumes on streets and street
patterns that are deficient in width, design, sight distance, intersection
configuration, or other typical standards necessary to accommodate
such traffic changes.
(5)
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall comply with § 151-45 and shall include the preservation of existing trees to the extent practicable.
(6)
Entrance and exit driveways and vehicular circulation on site shall
be laid out so as to achieve maximum safety and shall not adversely
affect pedestrian traffic.
(7)
All proposed buildings, structures, equipment and/or material shall
be readily accessible for fire and police protection, and sufficient
water supply and appurtenances for firefighting purposes shall be
provided.
(8)
Adequate water supply and sewage disposal facilities shall be provided
in full accordance with the requirements of the Village of Wappingers
Falls and the Dutchess County Department of Behavioral and Community
Health, with sufficient engineering documentation provided to allow
the Village and the County to assess the adequacy of any existing
facilities which are proposed for continued or expanded use.
(9)
The cumulative impacts of the use in the proposed location will not
unreasonably interfere with or diminish the continued use, preservation,
stability, value, enjoyment, prosperity or growth of the neighborhood
or community. In evaluating cumulative impacts the Planning Board
will consider the proximity of other special permit uses, particularly
those similar to the use proposed.
(10)
The Planning Board shall impose additional conditions and safeguards
upon the special permit as may be reasonably necessary to further
the general objectives of this chapter to the maximum extent practicable,
and to ensure continual conformance to all applicable standards and
requirements, including reasonable assurance that these conditions
and safeguards can be responsibly monitored and enforced.
A.
All applications for a special use permit shall be submitted to the
Planning Board, in writing, on forms prescribed by the Village, and
shall be accompanied by hard copies of all required materials in a
number as required by the Planning Board, together with an electronic
file of all submitted materials in a format prescribed by the Village.
Additional copies may be required due to review and referral requirements
set forth in NYS Village Law, General Municipal Law, or Environmental
Conservation Law.
B.
In order to be considered complete, an application for special use
permit shall include the following information, except as may be waived
by the Planning Board on a case-by-case basis due to the minor nature
of the specific request:
(1)
A written statement describing the proposed use.
(2)
A sketch plan which depicts the overall site layout and building
locations, parking areas, access and egress locations, setbacks and
buffer areas, lighting, landscaping, signage, and the location and
extent of existing development on adjacent parcels.
(3)
Preliminary building plans and elevations illustrating proposed building
construction and alteration, including an indication of exterior materials,
textures and colors.
(4)
Address of the property and Tax Parcel ID number.
(5)
Name and address of the applicant and of the owner of record, if
different. If the applicant is not the owner of record, a letter of
authorization from the owner shall be required.
(6)
Current zoning classification(s) of the property.
(7)
A Short or Full Environmental Assessment Form as required by the
Planning Board pursuant to SEQRA, Article 8 of the Environmental Conservation
Law, and 6 NYCRR Part 617.
(8)
Payment of the applicable fee in accordance with the Fee Schedule established by the Village Board, and the escrow deposit in accordance with Chapter 72, Escrow Deposits, of the Village Code.
(9)
Any other information deemed helpful by the applicant or necessary
by the Planning Board to explain the nature of the proposed use and
its consistency with the standards established by this chapter for
special permit uses.
A.
The Planning Board shall review and act on all special permit uses
in accordance with the procedure specified herein:
(1)
Public hearing and notice. Within 62 days of the receipt of a complete
application, the Planning Board shall hold a public hearing on the
special use permit application, unless the time period is extended
by mutual agreement between the applicant and the Planning Board.
The Planning Board shall mail notice of the public hearing to the
applicant at least 10 days before such hearing, and shall give public
notice of said hearing in an official newspaper of the Village at
least five days' prior to the date of the public hearing. The
Village shall charge the applicant the actual cost of mailing and
publishing the notice, or a reasonable fee related thereof, for satisfying
this requirement.
(2)
Additionally, the Planning Board shall provide notice of the public
hearing, including data regarding the substance of the application,
to the applicant, who shall mail the notice to the owners of all property
lying within 200 feet of the property lines of the property involved
in such application at least 10 calendar days' prior to the hearing.
The applicant shall provide a certificate of mailing to the Planning
Board prior to the public hearing.
(a)
The names and addresses of owners notified shall be taken as
such appear on the last completed tax roll of the Village.
(b)
Provided that there has been substantial compliance with this
provision, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate an action taken by the Planning
Board in either granting or denying a special use permit.
(3)
For applications that meet the criteria of § 239-nn of
the General Municipal Law, the Planning Board shall give notice, either
by mail or by electronic transmission, to the clerk of the adjacent
municipality at least 10 days' prior to the public hearing.
B.
Required referral. Prior to taking action on the special use permit,
the Planning Board shall refer a complete special use permit application
that meets the referral requirements of §§ 239-l and
239-m of the General Municipal Law to the Dutchess County Department
of Planning and Development for its review and recommendation. No
action shall be taken by the Planning Board on the special use permit
application until a recommendation has been received from the County
Planning Department or 30 days have elapsed since said Department
received the complete application.
C.
The Planning Board shall comply with the State Environmental Quality
Review Act (SEQRA).
D.
Agency and consultant review. In its review of an application for a special use permit, the Planning Board may consult with other local, county or state agencies or officials, and its designated private planning and engineering consultants and legal counsel. Reasonable costs incurred by the Planning Board for professional review or other extraordinary expense in connection with the review of a proposed special use permit shall be borne by the applicant and are in addition to any administrative fees charged by the Village, as outlined in Chapter 72, Escrow Deposits, of the Village Code.
A.
Every decision of the Planning Board with respect to a special use
permit application shall be made by resolution within 62 days after
the public hearing, unless such time frame is extended by mutual consent
of the applicant and the Planning Board. The resolution shall clearly
state the decision, including findings, and any conditions attached
thereto. Within five business days of the Planning Board's action,
a copy of the resolution shall be filed in the Village Clerk's
office and mailed to the applicant.
B.
The Planning Board shall not issue a special use permit unless it finds that the proposed use will satisfy the general standards set forth herein and the supplementary standards set forth for the use in Article IX.
C.
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 specific 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
or are no longer being complied with. In such cases, a period of 60
calendar days shall be granted for full compliance by the applicant
prior to consideration of the revocation of the special use permit.
A.
In addition to compliance with all other applicable provisions of
this chapter and all other local, county and state laws, rules and
regulations, no building permit shall be issued for any structure
regulated by this article until such special use permit has received
Planning Board approval and a copy of a resolution to that effect
has been presented to the Code Enforcement Officer.
B.
No certificate of occupancy shall be issued for any structure or
use of land covered by this article until the structure is completed
or the land developed in strict accordance with the Planning Board
resolution of special use permit approval and other applicable requirements
of this chapter.
C.
Any use for which a special use permit may be granted shall be deemed
a conforming use in the zoning district in which it is located, provided
that such special use permit shall be deemed to affect only the lot
or portion thereof for which such special use permit has been granted.
D.
Unless otherwise provided in this chapter, a special use permit shall
run with the land and be transferred to successive property owners,
provided that no changes are made to the use, it continues to comply
with the conditions of the special use permit, and the permit has
not expired or been revoked.
E.
Any special use permit, if granted, shall pertain only to the specific
property for which the application was made. Such granted permit does
not apply to any other property the applicant may control.
A.
A special use permit shall be deemed to authorize only the particular
use or uses expressly specified in the permit and shall expire if:
(1)
The special use permit activity is not commenced and diligently pursued
within one year of the date of issuance of the special use permit.
Upon prior written request to the Planning Board, received prior to
the expiration of the one-year period, including a statement of justification
for the requested time extension, the time period for initiation of
the special permit use may be extended once for a maximum period of
one year from its otherwise specified termination date.
(2)
In the case where site plan review and approval or the issuance of
a building permit is required, vesting of the special use permit may
occur through submission within the specified time period of a complete
application for either required site plan approval or the issuance
of a building permit to carry out all work governed by the special
use permit.
(3)
Said use ceases or is discontinued for any reason for a period of
one year (12 consecutive months).
B.
The Planning Board may impose such conditions as it deems appropriate
upon the grant of any extension. The granting of an extension of time
under this section shall not require a public hearing.
A.
The Code Enforcement Officer may revoke a special use permit if it
is found that there has been a substantial failure to comply with
any of the terms, conditions, limitations and requirements imposed
by said special use permit, or it violates any applicable regulations
of this chapter.
Whenever a particular application or proposed development requires
special use permit review and approval by the Planning Board together
with site plan and/or subdivision review and approval, the Planning
Board shall integrate, to the extent practicable and consistent with
applicable law, all required reviews, and shall deem all such reviews
part of one and the same action pursuant to the State Environmental
Quality Review Act.[1]
[1]
Editor's Note: See 10 NYCRR 128-2.10.
Any person or persons jointly or severally aggrieved by any
decision of the Planning Board on a special use permit application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 calendar days after the
filing of the Board's decision in the Office of the Clerk.
