Bergen Town City Zoning Code
ARTICLE IV
Planning Board
[Added 2-24-1997 by L.L. No. 2-1997]
§ 475-18 Creation and organization.
A Planning Board shall consist of seven members, in accordance with state law. The Town Board shall appoint the members of the Planning Board and designate the chairperson. In the absence of a chairperson, the Planning Board may designate a member to serve as acting chairperson.
§ 475-19 Powers and duties.
Special use permits. The issuance of special use permits allowed by the Zoning Law, as set forth in this article. (Note: No special use permit shall be issued for a use on a property where there is an existing violation of the Zoning Law.)
§ 475-20 Procedure for special use permits.
Application for special use permits shall be made in writing on the appropriate form. Every application shall refer to the specific provisions of the Zoning Law and shall set forth the use for which the special use permit is sought, together with a layout sketch. Four copies of each application shall be submitted to the Zoning Enforcement Officer, who shall review the application for completeness prior to forwarding it to the Town Clerk and the Planning Board. One copy shall be retained by the Zoning Enforcement Officer.
A public hearing shall be held by the Planning Board before acting on any application for a special use permit. When necessary under § 239-m of the General Municipal Law, the Planning Board shall forward the application to the County Planning Board for its review. The Planning Board shall send, by regular mail, a copy of the notice of hearing to all owners of property situated within 250 feet of the property which is the subject of the application at least 10 days before the hearing date.
Every Planning Board decision shall be by resolution, which shall contain a full statement of the findings in the case, and shall be recorded in the minutes.
§ 475-21 Required plan for special use permit.
Four sets of the application and site plan shall be submitted to the Zoning Enforcement Officer which clearly portrays the intentions of the applicant. These documents shall become part of the record. Such site plan shall show location of all buildings, parking, access and circulation, open space, landscaping and other information necessary to determine that the proposed special use complies with the intent of the Zoning Law.
§ 475-22 Special use permit.
A special use permit may be issued for a use within a district, when authorized by the Planning Board, provided such use is not inconsistent with the public convenience and welfare. Such use shall be subject to conditions and safeguards which may be imposed by the Planning Board to protect the use of neighboring properties. Such special use permit shall not be granted if it substantially changes the characteristics of the neighborhood in which the subject property is located. The Zoning Enforcement Officer, at least yearly, shall review the use of the property to determine compliance with any conditions which have been prescribed by the Planning Board in issuing such special use permit.
§ 475-23 Abandonment of special use permit.
A special use permit shall expire when there occurs a cessation of such use or activity for which said special use was originally issued, for a period of one year. Upon evidence that a special use permit has been abandoned, the Zoning Enforcement Officer shall issue a notice of abandonment to the owner of record for the property by registered mail. If after 60 days the owner has not provided satisfactory proof that the special use did not cease, the Planning Board shall revoke the special use permit.
§ 475-24 Standards applicable for all special use permits.
No special use permit shall be granted by the Planning Board unless and until the applicant has demonstrated to the satisfaction of the Board that:
Access to the site and the size of the site are adequate for the proposed use;
The proposed use will not adversely affect the orderly pattern of development in the area;
The nature, duration and intensity of the operations which are involved in or conducted in connection with the proposed use will be in harmony with nearby uses and will not alter the essential character of the neighborhood nor be detrimental to the residents thereof;
The proposed use will not create a hazard to health, safety or the general welfare;
The proposed use will not be detrimental to the flow of traffic in the vicinity;
The proposed use will not place an excessive burden on public improvements, facilities, services or utilities; and
Is consistent with the Town's Comprehensive Plan.