Champlain City Zoning Code
ARTICLE VIII
Special Use Review and Approval
§ 130-52 Applicability.
All uses listed as special uses in Article III shall first require submission to the Town of Champlain Planning Board for review and referral with or without recommendations to the Town of Champlain Zoning Board of Appeals, after which such special uses shall then require review and approval by the Town of Champlain Zoning Board of Appeals before a special use permit may be issued by the Enforcement Officer.
§ 130-53 Authorization.
The Town of Champlain Planning Board is hereby authorized to receive and review applications for Special Use Permits and to make referrals and recommendations on such special use permit applications, to the Town of Champlain Zoning Board of Appeals. The Town of Champlain Zoning Board of Appeals is hereby authorized to review and approve, approve with modifications, or disapprove applications for special use permits in accordance with the standards set forth in Article V herein.
§ 130-54 Site plan approval.
[Amended 9-13-2022 by L.L. No. 2-2022]
As part of their review and recommendation of a special use permit, the Planning Board shall review and approve the site plan for the proposed use.
§ 130-55 Application for special use approval.
All applications for special use approval shall consist of the following:
A.
Fifteen copies of a site plan map (five for the Planning Board, five for the Zoning Board of Appeals, one for the Zoning Attorney, one for Codes and Zoning Officer, one to be retained for Town records, one to be returned to the applicant, one for referral to the county under General Municipal Law § 239-m, if necessary), drawn to scale, to include, as applicable:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
(2)
North arrow, scale and date;
(3)
Boundaries of the property plotted to scale. Either the Planning Board or Zoning Board of Appeals may, at its discretion, require that a boundary survey be prepared by a Land Surveyor licensed in the State of New York for more complex, costlier, or larger projects;
(4)
Existing watercourses and bodies of water;
(5)
Location of any slopes of 5% or greater;
(6)
Proposed grading and drainage;
(7)
Location, proposed use and height of all buildings and site improvements including culverts, drains, retaining walls, and fences;
(8)
Location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site;
(9)
Location of outdoor storage, if any;
(10)
Description of the method of sewage disposal and location of the facilities, [NOTE: For new or replacement sewage treatment systems, a sewage treatment system permit must be issued by the Clinton County Health Department or the New York State Department of Environmental Conservation prior to the issuance of a building permit by the Town Building Inspector.];
(11)
Identification of water sources; if well, show location;
(12)
Location, size and design and construction materials of all proposed signs;
(13)
Location and proposed development of all buffer areas, including existing vegetative cover;
(14)
Location and design of outdoor lighting facilities;
(15)
Landscaping plan designed to screen neighboring residential properties from adverse visual impacts.
(16)
Location of wetlands under the jurisdiction of the New York State Department of Environmental Conservation or the United States Army Corps of Engineers, if located on or within 100 feet of the site.
(17)
Location of special flood hazard areas as determined by the flood hazard mapping program administered by the Federal Emergency Management Agency (FEMA). See FEMA Flood Insurance Rate Maps.
B.
Either the Planning Board or the Zoning Board of Appeals may, at its discretion, require that such site plan be prepared by a licensed engineer, architect, or landscape architect for more complex, costlier, or larger projects.
C.
Accompanying data, to include the following, as applicable:
(1)
Application form and fee.
(2)
Name and address of applicant and any professional advisors.
(3)
Authorization of owner if applicant is not the owner of the property in question.
(4)
Short environmental assessment form for smaller projects, or a full environmental assessment form for larger, more complex projects, or for projects which require coordinated review as the term is defined in 6 NYCRR Part 617 State Environmental Quality Review (SEQR).
(5)
Any additional endorsements, certifications, or approvals required by the Zoning Board of Appeals, such as New York State Department of Transportation highway work permits, New York State Department of Environmental Conservation permits, proof of stormwater pollution prevention compliance, United States Army Corps of Engineers permits, Clinton County Health Department permits, etc.
(6)
Other information as the Planning Board or Zoning Board of Appeals may reasonably require to assess the proposed project, such as the location of fire lanes and hydrants, provisions for pedestrian access, or designation of the amount of building area proposed for use for retail sales or other commercial activity.
§ 130-56 Site plan for telecommunication towers.
All applications for a telecommunications tower shall include the following:
A.
A site plan as required by § 130-55 above, signed by a New York State-licensed professional engineer, that shall include a description of any lighting on the proposed tower.
C.
A completed full environmental assessment form (EAF).
D.
A completed visual environmental assessment form (visual EAF addendum) including consideration of nighttime visibility if lighting on the tower is proposed.
E.
The Planning Board or Zoning Board of Appeals may require a more detailed visual impact assessment, which may include:
(1)
A zone of visibility map showing locations from which the tower may be seen, including nighttime visibility if lighting on the tower is proposed.
(2)
Pictorial representations of before and after views from key viewpoints both inside and outside of Town, including but not limited to state highways, and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location when the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.
(3)
Assessment of the visual impact of the tower base, guy wires, accessory buildings from abutting properties and streets.
§ 130-57 Waiver of submission requirements.
The Zoning Board of Appeals may waive certain submission requirements in the case of minor projects of an uncomplicated nature.
§ 130-58 Review procedure.
A.
Preliminary review. The Planning Board shall undertake a preliminary review of an application at its first regularly scheduled monthly meeting after the application is submitted. At the review, the Planning Board shall determine whether the application is complete. If the application is deemed to be incomplete, then the applicant shall be notified in writing of what further information is required. If the application is considered to be complete, then the Planning Board shall refer the application along with the Planning Board's recommendations, in writing, to the Zoning Board of Appeals in time for the next regularly scheduled Zoning Board of Appeals meeting, and for actions that require referral to the Clinton County Planning Board under General Municipal Law § 239-m, the Planning Board shall refer the matter to the Clinton County Planning Board no less than two weeks prior to the Clinton County Planning Board's next regularly scheduled meeting. After the Zoning Board of Appeals receives the application forwarded from the Planning Board and conducts its review, the Zoning Board of Appeals shall proceed to schedule a public hearing. The Zoning Board of Appeals shall act on the application only after the closing of the public hearing.
B.
Environmental review. Pursuant to the New York State Environmental Quality Review Act (SEQRA):
(1)
The Codes and Zoning Officer shall, upon initial contact with an applicant, inform the applicant whether a short environmental assessment form or a full environmental assessment is required to be submitted by the applicant. The Codes and Zoning Officer's decision as to which form shall be used shall be based on the complexity of the project.
(2)
The Zoning Board of Appeals, in its initial review of and application, shall determine what type of SEQR action the project falls under pursuant to Article 8 of the New York State Conservation Law and 6 NYCRRR Part 617.
(3)
Upon review of the short or full EAF, the Zoning Board of Appeals shall issue either a negative or positive declaration for the purposes of SEQRA. The special use shall not be considered approved until the requirements of SEQRA are fulfilled.
C.
Public hearing. The Zoning Board of Appeals shall conduct a public hearing on the application within 62 days of the receipt of a complete application. Notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date of the hearing.
D.
Decisions. Within 45 days of the public hearing, the Zoning Board of Appeals shall render a decision to approve, disapprove, or approve with modifications. Said forty-five-day period may be extended by mutual agreement between the applicant and the Zoning Board of Appeals. All decisions of the Zoning Board of Appeals shall be in writing, shall be filed with the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof shall be provided to the applicant.
§ 130-59 Conditions.
In its review of a special use permit application, the Zoning Board of Appeals may impose any conditions it deems necessary to serve the interests of the public health, safety and general welfare, and to improve compatibility with surrounding parties. Such conditions may include, but shall not be limited to:
A.
Requiring landscaping or vegetative screening.
B.
Increasing building setback.
C.
Limiting the size of buildings, parking areas or facilities.
D.
Specifying the location and design of entrances, exits, and off street parking space.
E.
Requiring that materials be stored indoors or certain activities be conducted indoors.
F.
Requiring noise barriers.
G.
Requiring stormwater retention ponds or other drainage and pollution control devices.
§ 130-59.1 Reimbursable expenses.
Costs incurred by the Planning Board or Zoning Board of Appeals for consultation fees, staff review costs, or other expenses in connection with the review of special use applications and plans may be charged to the applicant. The Planning Board or Zoning Board of Appeals may require the posting of financial security in the form or cash, bank check, or other such form acceptable to the Town Planning or Zoning Attorney in order to ensure that reimbursements and/or improvements are carried out as specified in the plans and approvals.