Cobleskill Village City Zoning Code
§ 160-6.2
Application submission requirements; approval; amendments; expiration; area variances; waiver.
A.
Application.
(1)
An applicant for a special use permit shall submit:
(a)
An application form, available from the Code Enforcement Officer.
(b)
A site plan as described in § 160-7 of the Zoning Law of the Village of Cobleskill.
(c)
A narrative report describing how the proposed use will fit into the character of the surrounding area.
(d)
An environmental assessment form (EAF) or draft environmental impact statement (DEIS).
(e)
The application fee, as established by the Village Board of Trustees.
(f)
A completed affidavit of mailing Notice stating that notice has been mailed to owners of all properties within 200 feet of the proposed use.
(2)
Special use permits and site plan review. The Planning Board shall, to the extent practicable, procedurally combine the review processes and prevent a duplication of application requirements. The Planning Board shall prepare a combined site plan review/special use permit application for this purpose.
B.
Procedure.
(1)
Application.
(a)
Applications for a special use permit shall be submitted to the Secretary of the Planning Board, on forms prescribed by the Village, at least seven business days prior to the next regularly scheduled meeting of the Planning Board. If an application is for a parcel or parcels on which more than one use requiring a special use permit is proposed, the applicant is encouraged to submit a single application for all such uses. For purposes of State Environmental Quality Review Act (SEQRA) compliance, all proposed uses on a single parcel or on contiguous parcels shall be considered together. The Planning Board shall accept one set of sketch plans for a coordinated site plan review and special use permit.
(b)
Applicants for special use permits are encouraged to meet informally with the Planning Board prior to formal application.
(2)
Determination of complete application. The Planning Board shall determine whether an application for a special use permit is complete in accordance with the provisions of § 160-6.2B(3) below. If the Planning Board determines that an application for a special use permit is incomplete, it shall notify the applicant of the same, in writing, with a list of items that the Planning Board deems necessary for a complete application.
(3)
SEQRA compliance.
(a)
Upon receipt of completed application materials, the Planning Board shall initiate the New York State Environmental Quality Review (SEQR) process by either circulating the application and environmental assessment form to all involved agencies (if coordinated review is undertaken) or by issuing its determination of significance within 20 days.
(b)
Before determining whether an application for a special use permit is complete, the Planning Board shall decide whether [under the State Environmental Quality Review Act (SEQRA), Environmental Conservation Law Article 8 and Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or 6 NYCRR Part 617] the application requires the preparation of an environmental impact statement (EIS). No application for a special use permit shall be deemed complete until 1) a "negative declaration" (the Board's determination that the project does not have any potentially significant adverse environmental impacts) has been issued or 2) a draft EIS has been accepted by the Planning Board or the lead agency as satisfactory with respect to scope, content and adequacy. In making a determination of "significance," the Planning Board shall follow the procedures described in 6 NYCRR 617.6 and 617.7. With respect to the preparation of the environmental assessment form (EAF), the applicant shall submit the EAF with Part I completed; the Planning Board shall complete Part II and Part III, if required, prior to making a determination of significance. Where the Planning Board has prepared or caused to be prepared a draft EIS and the draft EIS has been accepted as satisfactory with respect to scope, content and adequacy, the time frames for review of the application and decisionmaking shall be governed by 6 NYCRR 617.9 and 617.11 (or any successor regulations) in place of the time frames specified in this § 160-6.
(4)
Referral to County Planning and Development Agency.
(a)
Pursuant to the General Municipal Law § 239-m, the Planning Board shall refer to the Schoharie County Planning and Development Agency, at least 10 days before a hearing is scheduled, any application for a special use permit affecting real property within 500 feet of the boundary of the Village of Cobleskill, the boundary of any existing or proposed county or state park or other recreational area, the boundary of any existing or proposed county or state roadway, the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated.
(b)
No action shall be taken on applications referred to the County Planning and Development Agency until its recommendation has been received or 30 days have elapsed after its receipt of the complete application, unless the county and the Village agree to an extension beyond the thirty-day requirement for the County Planning and Development Agency's review.
(c)
If the County Planning and Development Agency recommends modification or disapproval of a proposed action, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one vote of all members thereof. Within 30 days after final action on a special use permit application, the Planning Board shall also file a report or its action with the County Planning and Development Agency. If the Planning Board acts contrary to a recommendation or modification or disapproval of a special use permit application, it shall set forth the reasons for the contrary action in the report.
(5)
Notice and public hearings.
(a)
The Planning Board shall hold a public hearing within 62 days from the date it determines that the application is complete unless it has issued a positive declaration under the State Environmental Quality Review Act. The hearing on an application that has been the subject of a positive declaration under the State Environmental Quality Review Act shall commence no less than 15 days and no more than 60 days after the filing of the notice of completion of the draft environmental impact statement.
(b)
Pursuant to Village Law § 7-725-b, Subdivision 7, the Planning Board shall mail notice of the hearing to the applicant and the County Planning and Development Agency at least 10 calendar days before the hearing and shall give public notice of the hearing in a newspaper of general circulation at least 10 days prior to the date of such public hearing. Where the Planning Board has prepared or caused to be prepared a draft EIS, the notice of public hearing shall be published at least 14 calendar days in advance of the public hearing.
(c)
Pursuant to General Municipal Law § 239-nn, notice of the public hearing shall be given by mail or electronic means to the Clerk of the adjacent municipality at least 10 days prior to the commencement of the hearing.
(6)
Action on applications.
(a)
The Planning Board shall grant or deny, or grant subject to conditions, the application for a special use permit within 62 days following the close of the public hearing unless the application has been the subject of a final environmental impact statement. If the application has been the subject of a final environmental impact statement, then the Planning Board shall render its decision within 30 calendar days after the filing of the final environmental impact statement. The decision shall contain written findings explaining the rationale for the decision as described below. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
(b)
After reviewing an application for a special use permit, the Planning Board shall make specific written findings that the proposed project will:
[1]
Comply with the standards for specific uses (§ 160-6) and will be consistent with the purposes of the zoning district in which it is located and the general purposes of this chapter.
[2]
Not result in excessive off-premises noise, dust, odors, solid waste or glare or create any public or private nuisances.
[3]
Not cause significant traffic congestion, impair pedestrian safety or overload existing roads, considering their current width, surfacing and condition.
[4]
Be accessible to fire, police and other emergency vehicles.
[5]
Not overload public water, drainage or sewer systems or any other municipal facilities.
[6]
Be suitable for the property on which it is located considering the size of the property, location, topography, vegetation, soils and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.
[7]
Be subject to such conditions on appearance, design and layout of structures, provision of buffer areas and operation of use as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic and visual resources of the Village of Cobleskill.
[8]
Be consistent with the goals of its respective zoning district.
[9]
Comply with any applicable site plan review criteria.
(7)
In order to obtain approval for a special use permit, the applicant must demonstrate that it has met all of the criteria for issuing a special use permit set forth in this § 160-6.
C.
Amendments. The terms and conditions of any special use permit may be amended only by following the procedures set forth in § 160-18 of the Zoning Law of the Village of Cobleskill.
D.
Expiration and enforcement. A special use permit shall be deemed to authorize only the particular special use or uses permitted and shall expire if the special use or uses shall cease for more than 12 consecutive months for any reason or if the applicant fails to obtain the necessary building permit or fails to comply with the conditions of the special use permit within 12 months of its issuance.
E.
Area variances. Where a proposed special use permit contains one or more features that do not comply with the dimensional regulations of the zoning district, the applicant for the special use permit may apply to the Zoning Board of Appeals for an area variance pursuant to § 160-16, Zoning Board of Appeals, of the Village of Cobleskill Zoning Law without the necessity of a decision or determination of the Code Enforcement Officer.
F.
Waiver. Pursuant to Village Law § 7-725-b, Subdivision 5, the Planning Board is authorized to waive requirements for approval of special use permits, when such waiver would be reasonable. Any such waiver may be exercised in the event any such requirements are found not to be in the interest of the public health, safety or general welfare and inappropriate to a particular special use permit. Without limitation, the authorization to grant waivers does not include authority to waive use or dimensional requirements otherwise required by the Zoning Law or any requirements outside of requirements specific to a special use permit.