[Amended 11-5-2009 by L.L. No. 3-2009; 6-17-2010 by L.L. No. 5-2010, 5-19-2011 by L.L. No. 1-2011]
Certain uses listed in the Webster Town Code require a special use permit to be issued by the Planning Board. No such use shall be established, and no building permit therefor shall be issued, until such special use permit is granted by the Planning Board as set forth in this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. A special use permit shall be deemed to authorize only one special use.
Pursuant to Town Law § 274-b, the Planning Board is hereby empowered to review special use permit applications for special uses as provided in Chapter 225 .
Applications for a special use permit shall be made on forms provided by the Department of Public Works and shall be executed by the property owner and lessee, if applicable. The application must include an environmental assessment form and all necessary documentation to comply with the State Environmental Quality Review Act (SEQRA).
Plans for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit. Such plans shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine whether or not the proposed special use meets the requirements of this article. The Planning Board may require such other information as it needs to evaluate the application under SEQR.
Fees. Application for a special use permit shall be accompanied by an application fee as set by the Town Board.
Environmental review. These fees do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of SEQRA.
Applications for a special use permit that also requires site plan approval shall be made concurrently with the application for preliminary approval.
Within 62 days of receipt of a completed application, the Planning Board shall hold a public hearing and give public notice thereof by publication in the official newspaper as required by law prior to the date of the hearing. Within 62 days of the close of such hearing, and subject to the requirements of SEQRA and General Municipal Law §§ 239-l and 239-m, the Planning Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant.
The Planning Board shall consider plans for site layout and design of the proposed use, containing elements relating to parking, means of access, screening, signs, location and dimension of buildings, impact of the proposed use on adjacent land uses, and such other elements as may be reasonably related to the health, safety and general welfare of the community.
The time periods stated herein may be extended by mutual consent of the applicant and the reviewing board.
The Planning Board shall issue a special use permit only upon a finding that each and all of the following conditions are met:
Impact on district. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
Adjacent properties. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Impacts on neighboring properties. Operation in connection with the special use shall not cause more severe impacts to nearby properties by reason of noise, fumes, orders, vibrations, flashing lights or other operational characteristics than would the operations of any permitted use not requiring a special use permit.
Impact on surrounding properties. The nature, duration, and intensity of the operations which are involved in connection with the proposed use will be in harmony with nearby uses and will not alter the essential character of the neighborhood or be detrimental to the residents thereof. The proposed special use provides sufficient landscaping and/or other forms of buffering to protect surrounding land uses.
Traffic. The use shall not cause undue traffic congestion or create a traffic hazard.
Parking. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
Services. The use shall be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
SEQRA. All requirements of SEQRA shall be met.
Additional standards. Special uses shall also be subject to any and all applicable local, state or federal laws, codes, rules or regulations.
Additional standards or requirements that the Planning Board may reasonably request.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as it may deem necessary prior to approving any special use permit application in order to protect the public health and safety, quality of the Town's natural resources and value of property. The Planning Board shall have the authority to grant special use permits for a period of years, having a minimum period of one year to a maximum period of five years, which shall be subject to periodic inspections by the Code Enforcement Officer. If all operations undertaken pursuant to any special use permit issued hereunder have been conducted in full compliance with the terms of such permit and all provisions of this chapter, such permit shall be renewed by the Planning Board for a period with the same number of years it was initially issued. At least 10 days before and no more than 20 days prior to taking any such renewal action, the Planning Board shall cause a notice to be published in the official Town newspaper and cause to be posted on the official sign board a notice of proposed renewal and a statement indicating the property affected and the nature of the activity to be permitted. All rules and regulations in effect at the time renewal is granted shall apply to the renewal of the special use permit in the same manner as would a new or original special use permit which is issued.
Upon issuance of a special use permit, a copy of the permit form and a certified copy of the resolution shall be delivered to the applicant, who shall, within 30 days of such delivery, return the completed form to the Town Clerk for official signature. The special use permit so granted by the Planning Board shall be recorded, or a memorandum of such permit signed by a Town official shall be recorded, by the applicant, in the office of the Clerk of the County of Monroe. Such documents shall be in a form acceptable for filing and shall make reference to the Liber and Page of the deed granting ownership of the affected premises to the current owner.
Proof of such filing shall be received by the Town of Webster Department of Public Works prior to the issuance of a certificate of occupancy to the applicant. Failure to provide proof a filing within 10 days thereafter shall render void the special use permit so granted.
Upon reasonable notice to the applicant, the Commissioner of Public Works or his designee has the authority to conduct a site visit. The purpose of said site visit is to ensure that the use is being operated in accordance with this chapter and the conditions specified by the Planning Board. If the Commissioner of Public Works or his designee determines that a violation of this chapter or of the conditions imposed by the Planning Board exists, the revocation procedures of § 228-48 of this chapter shall be invoked. Refusal to allow an inspection shall be considered grounds for revocation.
The nature, duration and intensity of the operations which are involved in or conducted in connection with any use for which a special use permit has been granted shall not be increased or expanded without the approval of the Planning Board. Any expansion of a use which requires a special use permit shall be considered at a public hearing held in accordance with the application requirements and administrative procedures which have been adopted by the Planning Board.
Said permit shall expire if meaningful construction has not been commenced within one year, and has not been completed within two years, of final special permit approval; or if no construction is involved, if the use has not been commenced within one year of final special use permit approval.
Said permit shall expire if the special use, once begun, ceases operation, for any reason, for more than six consecutive months. For seasonal uses, the use will be considered ceased if there is no operation for at least 12 consecutive months.
A special use permit may be revoked by the Planning Board. The Planning Board shall hold a public hearing to consider whether or not the special use permit grantee has violated the terms and conditions of said special use permit. Said public hearing shall be held only after the permit grantee has been notified, as hereinafter described, by the Zoning Official Notice of the violations and of the date, place and time of the public hearing shall be mailed to the special permit grantee by certified mail, return receipt requested, directed to the last known address of the permit grantee.
At least 10 days before said public hearing, a legal notice of said hearing shall be published in a newspaper of general circulation in the Town.
No special use permit shall be issued for a special use for a property where there is an existing violation of any code of the Town of Webster.