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. 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.
[Amended 5-4-1977; 12-19-1984 by L.L. No. 10-1984]
A.
An application for a special permit shall be made to the Planning Board. Such application shall be accompanied by a fee as set forth in § A250-1 and shall be on a form prescribed by the Planning Board requiring the following information:
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
(1)
The
name of the applicant and owner of the property.
(2)
The
location of the property, intersecting streets and the Tax Map description.
(3)
The
present use at the proposed location for the special permit.
(4)
The
proposed use at the location for the special permit.
(5)
Any
construction which will be required.
(6)
A list
of all other permits or applications which must be made by the applicant
in order to proceed with the use.
(7)
The
signature of the applicant, with a certification that the information
contained in the application is true.
B.
All applications shall be accompanied by an environmental
assessment form.
[Amended 11-5-2003 by L.L. No. 19-2003]
C.
The application shall be accompanied by 15 sets of
plans for the proposed development, which shall show the location
of all buildings, parking ares, traffic access and circulation drives,
open spaces, landscaping, topography, special features and any other
pertinent information, including such information about neighboring
properties, that may be necessary to determine and provide for the
enforcement of this chapter. The plans submitted shall contain a detailed
architectural design of all buildings and a landscaping plan, as well
as plans and specifications for signs which the applicant proposes
to use in connection with the buildings to be erected.
D.
The applicant must comply with the notification procedures contained in Chapter 144.
[Amended 2-16-2005 by L.L. No. 2-2005[1]]
[1]
Editor's Note: L.L. No. 3-2005, adopted 3-16-2005,
provided that this local law would become effective 4-30-2005 if it
was filed with the Secretary of State prior to that date.
E.
Upon receipt of an application, the Planning Board
shall send a copy of the application and plans to the Police Department,
Fire Department, Traffic Committee, Town Engineer, Building Inspector
or the Director of Building Code Enforcement and Land Use Administration
and any other agency it deems appropriate for review and comment.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
F.
Should
an agency of the Town having jurisdiction over that application deem
it necessary to hire consultants for technical review and/or on-site
inspection, the applicant shall be required to pay the actual cost
to the Town for such services.
[Added 4-24-2019 by L.L. No. 5-2019]
[Amended 12-19-1984 by L.L. No. 10-1984]
The Planning Board shall not grant a special
permit unless, upon public hearing, it determines the following:
A.
That the proposed use is in general harmony with the
surrounding area and shall not adversely impact upon adjacent properties
due to the traffic generated by said use or the access of traffic
from said use onto and off of adjoining streets.
B.
That the operations in connection with the special
permit use will not be more objectionable to nearby properties by
reason of noise, fumes, vibration, flashing of lights or other aspects
than would be operations of any permitted use not requiring a special
permit.
C.
That the proposed special permit use will be in harmony
with the general health, safety and welfare of the surrounding area
and that by the nature of its particular location it will not adversely
impact upon surrounding properties or surrounding property values.
D.
That there are not existing violations of this chapter
on the property which is the subject of the application.
[Amended 12-19-1984 by L.L. No. 10-1984]
A.
Within 62 days of receiving an application containing
all necessary information and plans, the Planning Board shall hold
a public hearing on that application. At least 10 days before the
date of the public hearing, notice of the hearing shall be published
in the official newspaper of the Town.
[1]
Editor's Note: L.L. No. 3-2005, adopted 3-16-2005,
provided that this local law shall become effective 4-30-2005 if it
was filed with the Secretary of State prior to that date.
B.
Within 62 days of the close of the public hearing,
the Planning Board shall render its decision, based upon the evidence
produced before it at the public hearing.
[Amended 7-17-1996 by L.L. No. 14-1996]
C.
The Planning Board shall grant a special permit if
it determines that the applicant complies with all requirements for
the issuance of a permit under this chapter.
[Amended 12-19-1984 by L.L. No. 10-1984]
The Planning Board shall attach such conditions
and safeguards to the special permit as are necessary to assure the
continual conformance with all applicable standards and requirements.
All special permits shall be issued for a period of no more than two
years, and, upon the expiration of the two-year period, the applicant
must apply for an extension of the special permit and demonstrate
that there has been no change in circumstances in the area which would
require the Planning Board to deny such extension.
[Amended 12-19-1984 by L.L. No. 10-1984]
A special permit shall be deemed authorized
only for the particular use or uses specified and shall further permit
only the applicant to conduct such use. Should the applicant at any
time cease to conduct the use for which a permit has been granted,
then any other person, firm or corporation seeking to conduct said
use at the same location must apply for a special permit for said
use. Further, should the use at any time be abandoned for a period
of nine months, then said permit is deemed to have expired and any
other and further use on that property requiring a special permit
shall only be permitted after compliance with the requirements for
an application for a new permit.
