Change in use. Site plan approval shall be required for all proposed changes of use involving structures and/or parcel(s), whenever the proposed new use is subject to site plan review under this chapter.

No physical change to a structure or land, which would not be in compliance with a previously approved site plan for the parcel on which such structure or land is located, may be made without approval of the Planning Board and the issuance of a modified approved site plan for the parcel.

No physical change to a structure or land that is used for a use that is subject to site plan review under this chapter as amended, but which was not previously subject to site plan review, may be made without approval of the Planning Board and the issuance of a site plan for the parcel.

Historic District Overzone. Any activity requiring the issuance of a building permit within the Historic District Overzone shall require site plan approval in compliance with this article and Article XIII, Historic Overzone. For activities that require site plan approval solely because of this Historic Overzone provision, application requirements and review criteria not relevant to historic preservation may be waived by a simple majority of the Planning Board.

Accessory uses or structures used in connection with a principal structure or use subject to site plan review shall be subject to the same approval requirements as the principal structure or use, unless otherwise specified in this chapter.

Exemptions. Renovations that are 100% internal to an existing building or structure are specifically excluded from the provisions of this chapter.

Special use permit. A use that requires a special use permit shall also require site plan approval.

Review. The Planning Board shall conduct site plan review independently or in conjunction with their review of a special use permit application. Such review may occur concurrent with or subsequent to special use permit review, at the applicant's option.

Placement on agenda. In order for a site plan matter to be placed on the Planning Board's meeting agenda, the required application materials pursuant to Subsection E(5), "Application for site plan review," below shall be submitted to the Village of Chatham Clerk's Office at least 10 days prior to the date of the Planning Board's meeting. In order for a sketch plan conference, as described in Subsection E(4), "Sketch plan," to be scheduled, a request for such conference shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted 10 days prior to the meeting at which the conference is requested to be scheduled.

Completeness review. At the first meeting at which a site plan application is first presented as an agenda item, the Planning Board shall determine whether the application is complete for purposes of commencing the review process. If an application is determined to be incomplete, the Planning Board shall notify the applicant as to what aspects of the application submittal are lacking or are otherwise insufficient to start the process. The applicant has the right to request a written notice of incomplete items from the Planning Board. The timeframes for Planning Board action during the review process shall not commence until the submission of a fully complete application with supporting documents and materials and the determination by the Planning Board that the application is complete. As such, the scheduling of a sketch plan conference may resolve confusion and thereby save time by allowing an opportunity for the applicant and the Planning Board to identify what documentation will be expected in order to constitute a complete application.

Multiple uses. If an application is for a parcel or parcels on which more than one use requiring site plan approval is proposed, the applicant shall submit a single application for all such uses. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.

Sketch plan. The applicant may elect to hold a sketch plan conference with the Planning Board prior to the preparation and submission of a formal site plan. The use of the sketch plan conference is strongly encouraged since it may provide for a more efficient and predictable review process and avoid unnecessary costs. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal prior to the preparation of a detailed site plan, and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan.

Application for site plan approval. An application for site plan approval shall be made in writing to the Code Enforcement Officer on forms supplied by the Village and shall be accompanied by the required fee, a site plan map at a scale of 20 feet to the inch or such other scale as the Planning Board may deem appropriate for the project and such other materials that includes the information contained on the following checklist. The Planning Board may require that any or all of the required submissions be prepared by experts or licensed professionals if the Planning Board determines that, due to the characteristics of the proposal, such preparation is necessary for adequate review. If a sketch plan conference was held, the information accompanying the site plan shall include any items that the Planning Board indicated at the conference would be required. The following is a site plan checklist:

General criteria. The Planning Board shall review the site plan to promote the health, safety, and general welfare of the Village and its citizens. The review shall include, as appropriate, but is not limited to, applicable criteria set forth in this chapter as well as the following general considerations:

Reservation of parkland.

Review criteria for nonsingle-use residential projects. For the purposes of this chapter, nonsingle-use residential projects include all uses except single-family, two-family and multifamily uses. For all other projects, including mixed-uses with residential, the Planning Board shall consider the following review criteria, when applicable. The Planning Board reserves the right to review multifamily residential uses in accordance with these criteria if the location and surrounding uses necessitate their use.

Planning Board review procedures.

Approval of a site plan. In approving a site plan, with or without modifications, the Planning Board may impose conditions which it considers necessary to protect the health, safety, and welfare of the Village and to achieve the purposes contained in this chapter. These conditions may include increasing dimensional or area requirements, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to minimize the burden on public services and facilities and protect open space, requiring the protection of open space of conservation value using conservation easements or other acceptable techniques, and requiring action by the applicant (including the posting of performance bonds and furnishing of guarantees) to insure the completion of the project in accordance with the terms and conditions applicable thereto.

Disapproval of site plan. Upon disapproval of a site plan, the Planning Board shall notify the applicant in writing, within five business days, of its decision and its reasons for disapproval. Such disapproval shall be filed with the Village Clerk.

A site plan approval shall expire if the applicant fails to obtain the necessary building permit(s) and the approved use is not commenced and diligently pursued within 12 months of the date of issuance of the site plan approval and the applicant fails to obtain an extension as set forth below.

A site plan approval shall expire if the applicant fails to comply with the conditions of the approval within 12 months of its issuance and the Applicant fails to obtain an extension as set forth below.

A site plan approval shall expire if the approved use ceases for more than 12 consecutive months for any reason.

The Planning Board reserves the right to set a more restrictive time period of revocation as a condition of the issued site plan approval.

A use approved by an expired site plan approval shall not commence or continue without first obtaining a new site plan approval, following the criteria and procedures of this article.

Upon written request by the applicant at least 60 days prior to the expiration of the site plan approval, the Planning Board may grant up to two twelve-month extensions. No further extensions will be permitted. Upon the expiration of a site plan approval and any approved extensions, the applicant must re-apply for site plan approval as a new application.

The applicant's request must demonstrate that the project is the same project originally approved and there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed.

The request for an extension shall be considered by and at a meeting of the Planning Board and must be received by the Code Enforcement Officer a minimum of 10 days prior to the meeting at which the renewal is to be considered.

The Planning Board reserves the right to hold a public hearing prior to granting any extension.

A site plan approval may be revoked by the Code Enforcement Officer if the permittee violates the conditions of or engages in any construction or alteration not authorized by the site plan approval.

Any violation of the conditions of a site plan approval shall be deemed a violation of this chapter, and shall be subject to enforcement action as provided herein.

The terms and conditions of any approved site plan may be amended in the same manner as required to grant a site plan approval, following the criteria and procedures of this article.

Any enlargement, alteration, or construction of accessory structures subject to a valid site plan approval shall require an amendment to the site plan approval.

It is the policy of the Village of Chatham to allow a variety of uses of land, provided that such uses do not unreasonably and adversely affect neighboring properties, the natural environment, or the historical character and long-term development plans of the Village. Certain uses are therefore permitted only upon issuance of a special use permit by the Planning Board, in order to ensure that these uses are appropriate to their surroundings and consistent with the Comprehensive Plan.

This section sets forth the requirements and the procedures which shall apply to the land use activities designated as special use permit uses due to their characteristics, and/or the special characteristics of the area in which they are to be located, so that they may be properly located and planned with respect to the objectives of this chapter, their effect on the surrounding properties and community character.

The primary purpose of special use permit review is to ensure that these designated uses are compatible with the surrounding properties and neighborhood; that adverse impacts are avoided or mitigated; and that such uses contribute to the long-term benefit of the Village.

Construction, development, site preparation and/or the issuance of a building permit for any use requiring a special use permit shall not be undertaken unless and until the Planning Board has approved, with or without conditions, a special use permit for such use. No building permit for a use requiring a special use permit shall be valid without first being issued a special use permit.

Special Use Permits are required for those uses identified in Article V, Table of Use Regulations of this chapter.

In addition to the requirement to obtain site plan approval, as set out in the Table of Use Regulations,[1] accessory uses or structures used in connection with a special permit use shall be subject to the same approval requirements as the principal structure or use and to the amendment provisions of Subsection M of this section.

Site plan review in accordance with the requirements and procedures of § 110-15, Site plan review, is required for all uses that require a special use permit. Such review shall occur in conjunction with, or subsequent to, the review of the special use application, at the applicant's option.

Prior to submitting a completed application, the applicant may attend a preapplication conference with the Planning Board. The purpose of the conference is to review the applicable regulations and application requirements, as well as the procedure for review and policies of the Planning Board.

The preapplication conference for special use permits, if held, shall also address site plan review requirements.

In order for the preapplication conference to be scheduled, a written request for such conference shall be submitted to the Code Enforcement Officer a minimum of 10 days prior to the meeting at which the conference is requested to be scheduled.

The applicant shall provide a summary narrative describing the proposed use and operation and the required materials pursuant to the submission requirements of a site plan sketch plan conference set forth in § 110-15E(4) of this chapter.

A Village of Chatham special use permit application form.

A narrative describing the nature and intensity of the proposed use and operation;

The information and materials enumerated for a site plan sketch plan conference, as set forth in § 110-15E(4)(a) of this chapter;

Location, design, type of construction, proposed use and exterior dimensions of all structure(s);

Location, design and type of construction of all parking and truck loading areas, showing access and egress;

Type and volume of traffic expected to be generated;

Provision for pedestrian access;

Location of fire and other emergency zones, including the location of fire hydrants;

Identification of the location and amount of building area proposed for retail sales or similar commercial activity;

A short-form or long-form SEQRA Environmental Assessment Form (EAF) with Part 1 fully completed by the applicant. A long-form EAF is required for all SEQRA Type I actions, but the Planning Board may require a long-form EAF for unlisted actions if the Board deems that the additional information contained on the long-form would be helpful and appropriate under the circumstances of the project proposal.

Multiple uses. If an application is for a parcel or parcels on which more than one use requiring a special use permit is proposed, the applicant may submit a single application for all such uses. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.

The application fee as established by the Village Board, and an escrow deposit for reimbursement of cost of Village consultants (if required) pursuant to § 110-75, Fees, of this chapter.

Placement of agenda. In order for a special use permit application to be placed on the Planning Board's meeting agenda, the required application materials shall be submitted to the Village of Chatham Clerk's Office at least 10 days prior to the date of the Planning Board's meeting. In order for the preapplication conference to be scheduled, a request for such conference shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted 10 days prior to the meeting at which the conference is requested to be scheduled.

Completeness review. At the first meeting at which an application is first presented as an agenda item (except a preapplication conference), the Planning Board shall determine whether the application is complete for purposes of commencing the review process. If an application is determined to be incomplete, the Planning Board shall notify the applicant in writing as to what aspects of the application submittal are lacking or otherwise insufficient to start the process. The timeframes for Planning Board action during the review process shall not commence until the submission of a fully complete application with supporting documents and materials and the determination of the Planning Board that the application is complete.

Waiving of application requirements. The Planning Board may add or waive any requirement for a complete application submission if it deems such waived or added requirements are appropriate in order to accomplish the purposes of this article and this chapter.

Application for area variance. Where a proposed special use permit application contains one or more features which do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to this chapter without a decision or determination of the Code Enforcement Officer. Depending upon the variance required and its implications on the requested special use, the Planning Board shall decide whether such area variance application and Zoning Board of Appeals decision on the same must occur as a condition to the special use permit, as a prerequisite for a complete special use permit application, or in conjunction with the special use permit process.

SEQR compliance. The Planning Board shall not render a decision on a special use permit application until SEQR review is completed.

Referral to County Planning Board.

Notice and hearing.

The proposed use will comply with all applicable provisions and requirements of this chapter and of all other applicable local laws and regulations.

The proposed use shall be in harmony with and promote the goals and objectives of the Comprehensive Plan, shall be consistent with the community's goals of concentrating retail uses in the Village core, avoiding strip commercial development and protecting residences from negative impacts of nonresidential uses, and shall promote the health, welfare and safety of the public.

The proposed use shall be compatible with the character of the neighborhood, the area, the zoning district and the community surrounding the location of the proposed use along with the historic character and scenic resources of the Village, and furthermore, will not unduly prohibit or discourage future planned growth in the area.

The proposed use will be suitable for the property on which it is proposed, considering the property's size, location, topography, vegetation, soils, natural habitat and hydrology and, if appropriate, its ability to be screened from neighboring properties and public roads.

The proposed use will comply with the site plan review criteria set forth in § 110-15H of this chapter, with any design guidelines or standards as well as applicable restrictions of the Historic Overzone.

The proposed use shall have safe and efficient access for pedestrians and vehicles, shall provide for appropriate off-road parking and loading areas, where practical and required. The interior circulation system must be adequate to provide safe accessibility to all parking spaces and that adequate and safe integration of pedestrians and vehicular movement is provided.

There shall be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or that the project extends or provides infrastructure and services for the area where the proposed use is located. There shall also be facilities and services implemented by the applicant to appropriately control the litter or trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may affect the public safety, health and general welfare.

The proposed use shall not adversely affect the availability of affordable housing in the Village.

The proposed use is compatible with and appropriately protects environmental resources, including the environmental and physical suitability of the site for development and that the general landscaping, screening and buffering is in character with the surrounding areas, and that the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare is minimized to the maximum extent practical.

The proposed use provides positive or beneficial effects on the long-term economic stability, environmental integrity and community character of the Village and surrounding properties, district and uses.

The proposed use is compliant with any supplemental regulations.

The Planning Board shall grant, deny, or grant subject to conditions the application for a special use permit within 62 days after the hearing. Any decision by the Planning Board shall contain written findings setting out the basis for the decision.

In granting a special use permit, the Planning Board may impose conditions that it considers necessary to protect the health, safety, and welfare of the Village and to achieve the purposes contained in this chapter and the Village's Comprehensive Plan. These conditions may include increasing dimensional or area requirements, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to minimize the burden on public services and facilities and protect open space, requiring the protection of open space of conversation value using conservation easements, and requiring action by the application (including the posting of performance bonds and furnishing of guarantees) to insure the completion of the project in accordance with the terms and conditions applicable thereto.

The Planning Board may require in its approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon determination by the 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 case, a period of 60 days shall be granted for full compliance by the applicant prior to revocation of the special use permit. New conditions may be imposed by the Planning Board in its review of a previously issued special use permit.

A special use permit shall expire if the applicant fails to obtain the necessary building permit(s) and the special use is not commenced and diligently pursued within 12 months of the date of issuance of the special use permit and the applicant fails to obtain an extension as set forth below.

A special use permit shall expire if the applicant fails to comply with the conditions of the special use permit within 12 months of its issuance and the applicant fails to obtain an extension as set forth below.

A special use permit shall expire if the approved use ceases for more than 12 consecutive months for any reason.

The Planning Board reserves the right to set a more restrictive time period of expiration as a condition of the issued special use permit.

A use approved by an expired special use permit shall not commence or continue without first obtaining a new special use permit, following the criteria and procedures of this article.

Renewal. Upon written request by the applicant and at least 60 days prior to the expiration of a special use permit expiring under Subsection H of this section, the Planning Board may grant up to two twelve-month extensions. No further extensions will be permitted. Upon the expiration of a special use permit approval and any approved extensions, the applicant must re-apply for a special use permit as a new application.

The applicant's request must demonstrate that the project is the same project originally approved and there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed.

The request for a renewal shall be considered by and at a meeting of the Planning Board and must be received by the Code Enforcement Officer a minimum of 10 days prior to the meeting at which the renewal is to be considered.

The Planning Board reserves the right to hold a public hearing prior to granting any extension.

A special use permit may be revoked by the Code Enforcement Officer if the permittee violates the conditions of the special use permit or engages in any construction or alteration not authorized by the special use permit.

Any violation of the conditions of a special use permit shall be deemed a violation of this chapter, and shall be subject to enforcement action as provided herein.