All special permit uses cited in the District Schedule of Use Regulations, § 180-87 in Article IV of this chapter, shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer except upon authorization of and in full conformity with plans approved by the Planning Board.
Site plan approval by the Planning Board is
a required step for all uses in the special permit processes in all
districts and shall be carried out either prior to or in conjunction
with the special permit procedures. The site plan approval process
shall be a critical factor in determining the propriety of granting
a special permit.
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 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 authorization by the Planning Board:
A.
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 with respect to existing and future
streets providing access shall be in harmony with the orderly development
of the district.
B.
The propriety of sidewalks as an integral component
of the transportation infrastructure in the Town Center shall be considered,
as should bike or multipurpose trails in all districts.
C.
The location, nature and height of the buildings,
walls and fences and the nature and intensity of intended operations
will not discourage the appropriate development and use of adjacent
land and buildings nor impair the value thereof.
D.
All proposed traffic accessways shall be adequate
but not excessive in number, be adequate in width, grade, alignment
and visibility, be sufficiently separated from street intersections
and places of public assembly and meet similar safety considerations.
E.
Adequate provision for safe and accessible parking
and loading spaces shall be provided.
F.
All off-street parking and all 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, to the extent practicable, include the preservation
of existing trees to the maximum extent possible.
G.
All proposed buildings, structures, equipment and/or
material shall be readily accessible for fire and police protection.
H.
Plans for public address systems and lighting for
outdoor facilities shall be submitted to and approved by the Planning
Board.
I.
The character and appearance of the proposed use,
buildings, structures and/or outdoor signs shall be in general harmony
with the character and appearance of the surrounding neighborhood,
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration or flashing lights than would the operations
of any permitted principal use and shall not adversely affect the
general welfare of the inhabitants of the Town of Milton.
K.
The use of best management practices shall be followed
to insure the protection of streams, steep slopes, wetlands, floodplains
and other natural features.
In addition to the general standards stated above and the site plan review considerations stated in § 180-53 of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below:
A.
Camp.
(1)
The minimum lot area shall be 15 acres.
(2)
Such cabins or cottages shall be designed for one
family only, with not more than two such dwelling units permitted
per gross acre, i.e., a maximum gross density of two dwelling units
per acre.
(3)
The net density shall not exceed four such dwelling
units per acre.
(4)
All such dwelling units shall be serviced by a community
water system and common sewage disposal system satisfactory to the
New York State Departments of Health and Environmental Conservation.
(5)
No building or recreational facility associated with
such development shall be located nearer than 100 feet to any lot
line and shall be effectively screened from adjacent properties.
(6)
Open space areas shall be set aside and maintained
for recreational facilities such as swimming pools, court games or
other active or passive recreational activities for patron use.
B.
Cellular and satellite antennas, provided that the proposed use meets the criteria specified in § 180-39.1.
C.
Cemetery.
(1)
No burial or memorial plats or buildings shall be
located closer than 50 feet to any residential lot line, except that
when a dense evergreen hedge or wall or landscaped strip at least
six feet in height providing complete visual screening from all adjacent
residential property is provided, burial or memorial plats of less
than six feet in height may be located as close as 25 feet to any
residential lot line.
(2)
Include a survey and proposed deed of the cemetery
or burial ground within or abutting parcel providing a metes and bounds
description to the cemetery or burial ground and an access easement
from a public street.
(3)
An enclosure along the boundaries of the cemetery
or burial grounds, defining the boundaries, built of materials which
may be reasonably be expected to survive 75 years.
(4)
All burials are undertaken in strict accordance with
applicable regulations of the New York State Departments of State,
Health and Environmental Conservation.
D.
Commercial radio and television.
E.
Commercial kennels.
(1)
Buildings or structures, including fenced runs and
similar outdoor areas, shall be located not less than 100 feet from
any lot line nor within 300 feet of the nearest neighboring residential
structure and/or solid fencing.
(2)
The facility shall be screened from neighboring properties
and public rights-of-way by natural vegetation.
F.
Dwelling, accessory: nonresidential. A single accessory dwelling: nonresidential meeting the following standards shall be considered to be part of a principal use other-than-residential building and covered by the District Schedule of Use Regulations (§ 180-87) and District Schedule of Area and Bulk Regulations (§ 180-86) for other-than-residential principal use buildings or structures.
(1)
The explicit written approval of the Zoning Enforcement
Officer or Code Enforcement Official shall be obtained for the design,
location, access and other safety-related elements of one such dwelling
unit per building in accordance with the requirements of the New York
State Uniform Fire Prevention and Building Code.
(2)
No such dwelling unit shall be permitted over filling
stations, stores retailing flammable or fume-producing goods, or any
other establishment which the Zoning Enforcement Officer or Code Enforcement
Official determines to pose a greater than average built-in risk.
(3)
The habitable floor area of such dwelling unit shall
be at least 500 square feet. The dwelling unit shall not be located
on the first floor of the building, and the dwelling unit shall contain
all services for safe and convenient habitation.
(4)
Approval has been granted by the New York State Departments
of Health and Environmental Conservation or the Town of Milton, as
applicable, for any required on-site sanitary or water supply system,
including, as may be applicable, a determination that the existing
on-site water supply and sewage disposal facilities are sufficient
to accommodate the additional demands of the additional unit where
conversion is proposed.
(5)
The dwelling unit shall have a separate access to
the outside of the building which must be distinct from the access
to uses on the first floor.
(6)
Each dwelling unit shall have two designated off-street
parking spaces meeting the standards of this chapter and conveniently
located for access to the dwelling unit.
G.
Dwelling, accessory: residential.
(1)
The conversion of any existing residence or construction of a new residence to accommodate an accessory dwelling unit as defined herein and in § 180-5 is limited to one accessory unit per principal dwelling.
(2)
Each principal residence and accessory unit is, at the time of building a new building or conversion of an existing dwelling, on a single lot with lot area and lot width and setbacks of no less than the minimum specified in District Schedule of Area and Bulk Regulations (§ 180-86) for a one-family dwelling. Accessory apartments not meeting these requirements shall be considered to be separate dwelling units and shall meet the use, area and bulk requirements of the zoning district where located.
(3)
Both units are self-contained, with separate cooking,
sleeping and sanitary facilities for use by the occupant(s).
(4)
The total floor area of the accessory apartment shall
be a maximum of 800 square feet.
(5)
The accessory apartment shall be occupied by a family
member and shall not be rented, either at the time of construction
or any future time.
(6)
The creation of the accessory apartment shall not
alter the single-family character of the property. The following standards
shall be met in creating the unit:
(a)
The accessory apartment shall not be clearly
identifiable from the exterior as a result of the design of the structure.
(b)
The accessory apartment, if on the ground floor,
shall have an exterior exit located on either the side or the rear
of the house.
(c)
The accessory apartment shall be accessible,
by interior means, from the remaining portion of the single-family
residence.
(d)
The utilities (electric service, gas service,
etc.) for the accessory apartment shall be combined with the existing
utilities. Separate utilities shall not be allowed.
(e)
The accessory apartment shall bear the same
street address as the principal residence.
(8)
Parking in the R1, R2 and MU District as required
for an accessory unit/principal residence is a minimum of two spaces
per dwelling unit on site and is designed and located to be convenient
without encroaching on any yard/setback area.
(9)
Approval has been granted by the New York State Department
of Health and Environmental Conservation or the Town of Milton, as
applicable, for any required on-site sanitary or water supply system,
including, as may be applicable, a determination that the existing
on-site water supply or sewage disposal facilities are sufficient
to accommodate the additional demands of the additional unit where
conversion is proposed.
H.
Dwelling, two-family.
(1)
The conversion of any existing residence or construction of a new residence to accommodate two dwelling units as defined herein and in § 180-5 is limited to two dwellings per principal structure.
(2)
A two-family dwelling may have two dwellings next
to each other with a firewall between (duplex) or have the dwelling
units on two separate floors with necessary fire protection between
floors.
(3)
Each two-family residence structure is, at the time of building a new building or converting an existing dwelling, on a single lot with lot area and lot width and setbacks of no less than the minimum specified in District Schedule of Area and Bulk Regulations, § 180-86 for each dwelling.
(4)
Both units are self-contained, with separate cooking,
sleeping and sanitary facilities and separate utilities for use by
the occupant(s).
(5)
Parking in the R1, R2 and MU District as required
for an accessory unit/principal residence is a minimum of two spaces
per dwelling unit on site and is designed and located to be convenient
without encroaching on any yard/setback area.
(6)
Approval has been granted by the New York State Departments
of Health and Environmental Conservation or the Town of Milton, as
applicable, for any required on-site sanitary or water supply system,
including, as may be applicable, a determination that the existing
on-site water supply and sewage disposal facilities are sufficient
to accommodate the additional demands of both dwelling units.
I.
Gasoline or service station.
(1)
No such establishment shall be located within 200
feet of any school, church, public library, theater, hospital, park,
playground or other public gathering place designed for occupation
by more than 50 people.
(2)
No such establishment shall be located within 200
feet of any state-designated wetlands, or within 500 feet of the Stream
Corridor Overlay District or any public water supply.
(3)
The area of use by motor vehicles, including display
and storage, except access drives thereto, as well as any structures,
shall not encroach on any required yard area.
(4)
No fuel pump shall be located within 25 feet of any
lot line or within the required side or front yard, whichever shall
be more restrictive. The station layout shall eliminate the necessity
of any vehicle backing into a public right-of-way.
(5)
Each station shall be limited to two curb cuts with
each having an unrestricted width of not less than 18 feet nor more
than 30 feet and be located no closer than 15 feet to any side lot
line.
(6)
Gasoline or flammable oils in bulk shall be stored
in accordance with New York State Department of Environmental Conservation
regulations and may not be closer than 25 feet to any lot or street
line.
(7)
All major repair work and storage of materials, supplies
and parts shall be located within a structure completely enclosed
on all sides, but not to be construed as meaning that the doors on
any repair shop must be kept closed at all times.
(8)
Suitable year-round buffering and landscaping shall
be provided in all rear and side yards.
(9)
Those establishments which sell gasoline in combination
with a convenience store shall:
(a)
Ensure that adequate parking is available on
site for customers making purchases at the store but not buying gasoline.
This parking area shall be located in such a manner that it does not
interfere with the safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster or disposal
of stock packings removed by store employees and trash receptacles
for customer use on the premises.
(c)
Maintain no outdoor displays of merchandise
which interfere with the safe flow of traffic and pedestrians.
(d)
Locate all vending machines on the side of the
building.
(e)
Direct all rooftop heating/ventilation/air-conditioning
or refrigeration units away from adjacent residential properties.
K.
Hotel.
(1)
The minimum lot area shown on the District Schedule of Area and Bulk Regulations (§ 180-86) for the zoning district in which the hotel or motel is located shall be increased by 100% for each eight guest rooms or part thereof provided.
(2)
The minimum side and rear yard setback requirements shown on the District Schedule of Area and Bulk Regulations (§ 180-86) for the zoning district in which the hotel is located shall be doubled if such yard abuts property in a residential district.
(3)
The minimum front, side and rear yard setback requirements
for off-street parking areas shall be similarly doubled if such yard
abuts property in a residential district.
(4)
All uses integral to the hotel shall either be clearly
accessory to the hotel or shall be permitted uses or special permit
uses within the zoning district in which the hotel is proposed. Integral
accessory uses shall generally be limited to the following: meeting
rooms, restaurant and dining facilities, recreational facilities,
such as swimming pools and tennis courts, and small personal service/retail
shops fully within the hotel selling newspapers, magazines, tobacco,
small gifts and similar items.
L.
Mining.
(1)
The mining of less than 750 cubic yards of minerals
within 12 successive calendar months, does not require a permit. Applications
for permits may be submitted for annual terms running from one to
five years but not to exceed five years. Mining permits shall expire
at the end of their terms in accordance with their issue and expiration
dates and may be renewed upon application to the Planning Board at
least 30 days prior to the expiration date of the permit. A renewal
application shall be submitted on forms provided by the Planning and
Building Department. A permit application for mining shall be as part
of the special permit process and shall be submitted to the Planning
Board on forms provided by the Building Department.
(2)
Permits for mining subject to state jurisdiction.
A permit applicant for mining subject to state jurisdiction shall
submit copies of all applications and other materials required by
the New York State Department of Environmental Conservation (DEC)
in connection with its application for a Mined Land Reclamation Law[1] permit. In determining whether to grant or deny a permit application, the Planning Board shall consider all of the following conditions as well as the applicable special permit criteria set forth in Article VII herein:
(a)
Ingress and egress to public thoroughfares shall
be controlled by the Town.
(b)
Routing of mineral transport vehicles on roads
shall be controlled by the Town.
(c)
Requirements and conditions as specified in
the permit issued by DEC concerning setback from property boundaries
and public thoroughfare rights-of-way, natural or man-made barriers
to restrict access, dust control and hours of operation.
[1]
Editor's Note: See Environmental Conservation
Law § 23-2701 et seq.
(3)
Permits for mining not subject to state jurisdiction.
In determining whether to grant or deny a permit application, the
Planning Board shall consider all of the following conditions as well
as the applicable special permit criteria:
(a)
The mining operation and operations accessory
thereto may not be detrimental to the appropriate and orderly development
of any district in which it is situated or impair the value thereof.
(b)
The proposed operation shall not contribute
to soil erosion by water and/or wind, nor shall it adversely affect
soil fertility, drainage, and lateral support of abutting land or
other properties. Noise, smoke, dust, odor and other potential hazards
shall be controlled.
(c)
All mining operations and operations accessory
thereto shall be made only in accordance with approved plans. These
plans shall show the location of the site and its relation to neighboring
properties and roads within 500 feet of the site, area to be excavated,
existing slopes, proposed slopes after excavation, proposed level
of any impounded water, plans for erosion control and location of
access drives to the site.
(d)
No excavation above or below grade shall be
closer than 300 feet to any street line or other property line. No
excavation shall be closer than 500 feet to the boundary line of a
zoning district within which excavation is not permitted.
(e)
The final slope of any excavated material shall
not exceed the normal limiting angle of repose of such material except
where a suitable retaining wall, as shown on approved plans, is built
to provide lateral support.
(f)
Fences, barricades or landscaped berms shall
be erected to protect pedestrians and vehicles. All open pits shall
be enclosed by fencing until they are refilled. The uphill side of
side hill excavations shall be permanently fenced.
(g)
Storage piles of materials, including waste
materials, shall not be located closer to property lines than is permitted
for excavation. After completion of excavation operations, waste materials
shall be used in filling all open pits. Piles of excess waste materials
shall be leveled.
(h)
No excavation operations shall take place between
the hours of 7:00 p.m. and 7:00 a.m.
(i)
The processing of such resource shall be limited
to the washing, separating or grading of the excavated mineral.
(j)
A reclamation plan, which describes the operations
to be performed by the permit applicant to reclaim the land to be
mined over the life of the mine. The reclamation plan shall include
maps, plans, the schedule for reclamation, written material and other
documents as required by the Planning Board. Prior to submitting the
reclamation plan, the applicant shall submit the plan for a review
by the local office of the Natural Resource Conservation Service for
their report which shall be submitted with the plan. Where topsoil
is removed, sufficient arable soil shall be set aside and shall be
respread after the operation with a layer of earth two feet deep or
the original thickness, whichever is less, and capable of supporting
vegetation. Fill shall be of a suitable material approved by the Planning
Board.
(k)
A performance bond shall be posted with the
Town Board in an amount and form to be determined by the Board, insuring
conformance to approved plans and all applicable regulations, including,
but not limited to, reclamation costs. The Town Board shall set a
reasonable time limit for such bond, not to exceed five years, except
in the case of continuing excavation operations where a bond must
be renewed or extended with the permit renewal or in the case of ceased
operations where a bond must be renewed or extended to cover the life
of the implementation of the reclamation plan.
M.
Mobile home park expansion, provided that the proposed use meets the criteria specified in § 180-39.
N.
Public utility use.
(1)
The proposed location is necessary for public convenience
and service which could not be equally provided if the station or
structure were located in a district where it would be a permitted
use under this chapter.
(2)
The station or structure shall, whenever situated
within a residential district, have the exterior appearance of a residential
building.
(3)
Suitable landscaping, including screening from public
roadways and neighboring residential properties, is provided.
O.
Roadside stand.
(1)
Such stands are located not less than 20 feet from
any street line.
(2)
Such stands are solely used for display and sale of
agricultural products grown or produced exclusively on the premises
by the operator of the roadside stand.
(3)
A single sign is limited to eight square feet and
is located not less than five feet from any street line.
P.
Sexually oriented businesses, provided that the proposed use meets the criteria specified in § 180-39.2.
Q.
Farm animals
on nonfarm operations less than two acres in the R2 Zoning District.
[Added 12-28-2022 by L.L. No. 4-2022]
(1)
Buildings
or structures for permitted fowl or livestock shall not be larger
than 750 square feet nor located not less that 10 feet from any side
or rear lot line, not extend closer to the fronting street that the
principal building on the lot or a distance of 60 feet, whichever
shall be less, and no building or fenced barnyard for such fowl or
livestock shall be closer than 100 feet to any neighboring residential
structure.
(2)
The
storage of manure or other dust or odor-producing substances shall
be located in the rear potion of the lot, adequately screened from
the view of adjacent properties and located not less than 50 feet
from any lot line and 200 feet from any neighboring residential structure
or any stream, wetland or other water body or well providing a source
of potable water.
The Planning Board shall review and act on all
special permit uses in accordance with the procedure specified herein:
A.
Application and fee. All applications must be by the
property owner or their agent and made to the Planning Board, shall
be in writing on forms and in accordance with the schedule prescribed
by the Board and shall be accompanied by the following:
(3)
Payment of the applicable fee in accordance with the
fee schedule established and annually reviewed by the Town Board.
(4)
Either a short or full environmental assessment form,
or an environmental impact statement, as required by the Environmental
Conservation Law.
(5)
In the case where the applicant is not the property
owner, permission of property owner in written form.
B.
Public notice and hearing.
(1)
The Planning Board shall fix a reasonable time and
place for a public hearing on any such special permit application,
of which hearing date the applicant shall be given notice and at which
hearing he shall appear in person or by agent. The Board shall additionally
provide notice as follows:
(a)
By publishing at least five business days prior
to the date thereof a legal notice in the official newspaper of the
Town.
(b)
By requiring the Secretary of the Planning Board
to provide notice of the public hearing and data regarding the substance
of the application to the owners of all property abutting that property
held by the applicant and all other owners within 300 feet of the
land involved in such application. Notice shall be provided by first
class mail at least five business days prior to the hearing, with
compliance with the notification procedure certified to by the Secretary.
(2)
The names and addresses of owners notified shall be
taken as such appear on the last completed tax roll of the Town.
(3)
Provided that there has been substantial compliance
with these provisions, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with granting or denying a special permit
application.
(4)
If the land involved in the application lies within
500 feet of the boundary of any other municipality, the Secretary
of the Planning Board shall also submit at least five business days
prior to the public hearing to the Municipal Clerk of such other municipality
or municipalities a copy of the notice of the substance of every application,
together with a copy of the official notice of such public hearing.
C.
Required referral. A full statement of any special
use permit application that meets the referral requirements of §§ 239-l
and 239-m of the General Municipal Law shall also be referred prior
to the public hearing to the Saratoga County Planning Board for its
review. No action shall be taken by the Planning Board on such application
until an advisory recommendation has been received from said County
Planning Board or 30 days have elapsed since the Town Planning Board
received such full statement.
D.
Decisions. Every decision of the Town Planning Board
with respect to a special use permit application shall be made by
resolution within 90 days of the completed application to the Planning
Board or within 62 days of the public hearing, whichever shall first
occur, which resolution shall clearly state the decision and any conditions
attached thereto. The Planning Board resolution shall be accompanied
by written findings documenting a reasoned elaboration of the provisions
of this chapter and the Town Comprehensive Plan. Each such decision
shall be filed in the office of the Town Clerk within 10 business
days thereof.
Reimbursable costs incurred by the Town Planning Board for private consultation fees or other extraordinary expense in connection with the review of special use permit applications shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 180-44 herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
A.
No building permit shall be issued for any structure
regulated by this section until such special use permit has received
Town Planning Board approval and a copy of a resolution to that effect
has been presented to the Zoning Enforcement Officer.
B.
No certificate of occupancy shall be issued for any
structure or use of land covered by this section until the structure
is completed or the land developed in strict accordance with the Town
Planning Board resolution of special permit approval and applicable
requirements of this chapter.
C.
Any use for which a special permit may be granted
shall be deemed a conforming use in the district in which it is located,
provided that such permit shall be deemed to affect only the lot or
portion thereof for which such permit has been granted.
D.
The Town 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 Town 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 days shall be granted for full compliance by
the applicant prior to revocation of the special use permit.
E.
The granting of a special use permit shall not be
held to constitute a representation, guaranty or warranty of any kind
by the Town of Milton or by any official or employee thereof regarding
the practicability or safety of any structure or use or the proper
functioning of the proposed facilities and plans and shall not be
held to create a liability upon or cause of action against such public
body, official or employee for any damage that may result pursuant
to such development or use.
A special use permit shall be deemed to authorize
only one particular special use and shall expire if the special use
permit activity is not commenced and diligently pursued within six
months of the date of issuance of the special use permit or if the
special use ceases for more than one year for any reason.
In all instances, including those cited in § 180-46D above, a special use permit may be revoked by the Town Planning Board after public hearing if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said permit.
Any person or persons jointly or severally aggrieved
by any decision of the Town 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 actions
must be initiated as therein provided within 30 days after the filing
of the Board's decision in the office of the Town Clerk.
