Fenton Town City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 150-41 Enforcement.
[Amended 3-2-2022 by L.L. No. 1-2022]
The provisions of this chapter shall be enforced by the Building Inspector or such other person or Town officer as shall be appointed by the Town Board. No building permit, use permit, or certificate of occupancy shall be issued, except pursuant to the provisions of this chapter.
§ 150-42 Building and use permits.
A.
Required.
[Amended 11-7-1984 by L.L. No. 1-1984; 3-26-2014 by L.L. No. 3-2014; 3-2-2022 by L.L. No. 1-2022]
(1)
No excavation, construction or exterior alteration of any building or structure shall be commenced and no building or structure shall be moved into or relocated within the Town of Fenton, except pursuant to a building permit issued by the Building Inspector charged with enforcement of the New York State Uniform Fire Prevention and Building Code; provided, however, that no building permit shall be required to construct a fence, but all fences shall be constructed in accordance with any applicable provision of this chapter relating thereto.
(2)
No change of use or establishment of a new use of any property shall be implemented without first obtaining a use permit from said Building Inspector. No use permit shall be granted unless the proposed new use will be in compliance with this chapter.
B.
Form of application. All applications for building permits and use permits shall be on forms approved by the Town Attorney and shall include the following information:
[Amended 3-2-2022 by L.L. No. 1-2022]
(1)
The name and address of the applicant.
(2)
The street address and Tax Map number of the subject property.
(3)
The nature of the permit sought and the intended use of the building, proposed building, improvement or land.
(4)
A layout of plot plan drawn to scale showing the exact size and location on the lot of the building, accessory buildings or structures.
(5)
The number and location of off-street parking and loading spaces and the access thereto.
(6)
Building plans and schedules sufficient to show that the proposed improvement will comply with the Building Code.
(7)
Such additional information as the Building Inspector may require.
C.
Compliance with chapter. No building permit shall be issued for any building or land where said construction, alteration or use thereof would be in violation of any provisions of this chapter or the Building Code, except upon a written order of the Board of Appeals and such Appeals Board as shall be charged with hearing appeals from the Building Code, whenever applicable.
D.
Private water and sewer systems. No building permit shall be issued for construction on any premises which are not served by public sewer system and public water distribution system, unless a written approval has been obtained from the Broome County Health Department for a private sewage disposal system and a private water supply system.
E.
Expiration of building permit.
(1)
A building permit shall expire one year from the date of issuance, except where construction of the proposed improvement has commenced or the premises have actually been put to the use applied for. A building permit may be renewed once for an additional period of one year. A fee shall be charged in accordance with the schedule of fees[1] as if the application is for a new building permit.
[Amended 6-4-1997 by L.L. No. 2-1997]
[1]
Editor's Note: See Ch. A154, Fees.
(2)
In the event that the structure is not completed after the first renewal period, a further renewal permit may only be granted with the permission of the Town Board. An applicant wishing to renew a building permit for a second renewal period shall request such a renewal, in writing, to the Town Board, who shall consider said request at its next regular meeting or at such earlier date as the Town Board shall deem appropriate. The Town Board may, at its sole option, grant a further renewal of the building permit, either with or without conditions relating to further progress of the work, for such length of time as the Town Board deems appropriate. Conditions may include a direction that the structure be demolished in the event it is not completed in accordance with the Town Board's direction.
[Added 1-6-1993 by L.L. No. 1-1993]
(3)
In the event that the applicant fails to comply with any such conditions set forth by the Town Board, the Building Inspector shall revoke the building permit and prevent any further construction in connection therewith. In the event that said building permit is revoked, no further construction shall take place in connection therewith, and the structure shall thereafter be subject to the same rules and laws applicable to uninhabited structures, generally, including but not limited to Chapter 71, Unsafe Buildings of the Code. In the event that the Town Board has ordered that the structure be demolished, the applicant shall promptly undertake said demolition. In the event that the demolition is not undertaken within a reasonable time by the applicant, the Town shall arrange for said demolition, and the cost thereof shall be assessed against the real property in the same manner as is set forth in § 71-10 of the Code.
[Added 1-6-1993 by L.L. No. 1-1993]
(4)
In the case of any construction requiring a septic tank or other private sewage disposal system, the Building Inspector shall not issue a renewal permit unless the applicant provides the Building Inspector with a current permit from the Broome County Health Department, or other evidence satisfactory to the Building Inspector that the applicant is in full compliance with all requirements of the Broome County Health Department in that regard.
[Added 1-6-1993 by L.L. No. 1-1993]
F.
Display of permit. A building permit shall be displayed at all times during the course of construction at the main entrance of a building, or otherwise where it will be clearly visible from a public highway adjoining the premises and protected from the effects of weather.
§ 150-43 Certificate of occupancy.
A.
Application. An application for a building permit may include an application for use and occupancy or may be made at any time thereafter. A certificate of occupancy and use shall be issued by the Building Inspector, if the completed building or structure and its use comply with all the provisions of this chapter, within 10 days following notice of completion by the owner of the premises.
B.
Required. No building or structure shall be used or occupied or the use thereof changed until the certificate of occupancy is issued.
[Added 11-7-1984 by L.L. No. 1-1984]
C.
Record. The Building Inspector shall maintain complete records of all permit applications and of his disposition thereof.
[Added 11-7-1984 by L.L. No. 1-1984]
D.
Temporary use permits. Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. A temporary use permit may be issued for a period of one year and may be renewed for an additional period of one year without cost.
§ 150-44 Certification of existing use.
Upon request by the owner, a certificate of existing use shall be issued by the Building Inspector that a stated or apparent existing use of the premises is lawful under the provisions of this chapter.
§ 150-45 Board of Appeals.
[Amended 6-4-1997 by L.L. No. 2-1997]
A.
Creation, appointment and organization of Board of Appeals.
(1)
A Board of Appeals is hereby created consisting of five electors of the Town, each to serve for a term of five years.
(2)
The Board of Appeals heretofore established for the Town of Fenton, pursuant to the provisions of the Town Law, is hereby continued, each member to serve for the term of office for which he was appointed.
(3)
The Board of Appeals, consistent with applicable provisions of law, shall determine its own rules of conduct and procedure.
B.
Powers and duties of Board of Appeals.
(1)
Orders, requirements, decisions, interpretations and determinations. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as, in its opinion, ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
(2)
Use variances.
(a)
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.
(b)
No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate the following to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein.
(b)
In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variances is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(c)
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
C.
Procedure.
(1)
All appeals and applications made to the Board of Appeals shall be in writing, in a form approved by the Board of Appeals. Every appeal or application shall refer to the specific provision of the ordinance involved and shall set forth the interpretation that is claimed or the details of the relief that is applied for.
(2)
Meetings, minutes and records. Meetings of Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
(3)
Filing requirements. Every rule, regulation, every amendment of repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk within five business days and shall be a public record.
(4)
Assistance to Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.
(5)
Hearing appeals. Unless otherwise provided by local law or ordinance, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this Article. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Town.
(6)
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such ordinance or local law by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(7)
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of such ordinance or local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application on notice to the administrative official from whom the appeal is taken and on due cause shown.
(8)
Hearing on appeal. The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal or a reasonable fee relating thereto shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney.
(9)
Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(10)
Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(11)
Notice to Park Commission or Planning Agency. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties; to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by the such appeal; and to the County, Metropolitan or Regional Planning Agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
(12)
Compliance with State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.
(13)
Rehearing. A motion for the Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
(14)
Chairperson duties. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
§ 150-46 Planning Board.
A.
Creation; appointment; organization.
(1)
A Planning Board is hereby created consisting of seven electors of the Town, each to serve for a term of seven years.
(2)
The Planning Board heretofore established for the Town of Fenton pursuant to the provisions of the Town Law is hereby continued, each member to serve for the term of office to which he was appointed.
(3)
The Planning Board, consistent with applicable provisions of law, shall determine its own rules of conduct and procedure.
B.
Powers and duties of Planning Board. The Planning Board shall perform the duties and functions required by the provisions of this chapter and other local laws, ordinances and regulations, of the Town of Fenton, the Town Law, the General Municipal Law and as otherwise assigned to it by the Town Board pursuant to § 271 of the Town Law.
[Amended 6-4-1997 by L.L. No. 2-1997]
§ 150-47 Special approval procedure.
A.
Site plan approval.
(1)
No building or use permit for an improvement or use subject to the provisions of this section, or for any improvement or use in connection with a commercial enterprise, shall be issued, except upon the approval of the Planning Board. The applicant shall submit to the Planning Board an application and site plan for the subject premises, drawn to a scale of not less than one inch to 100 feet, containing the following information:
[Amended 9-8-1999 by L.L. No. 2-1999]
(a)
The use, location and dimensions of proposed buildings and open spaces, including yards.
(b)
The proposed streets and other vehicular circulation facilities, including the location and widths of driveways on the site and access to existing and prospective highways.
(c)
The amount, location and dimensions of off-street parking and loading areas and access thereto.
(d)
The location and arrangement of landscaping in transitional areas.
(e)
A storm drainage plan showing how surface water will be collected and discharged from the site and the effect on adjacent properties.
(f)
The location of public sewer and water supply facilities.
(g)
Such additional information as may be required under Subsections B through I of this section.
(2)
The Planning Board shall review the application and site plan, together with such other facts as shall be properly in evidence before it, and it may either reject or approve the application and site plan, subject to any conditions necessary to meet the following objectives and any other objectives required for a particular improvement or use by another subsection of this section:
(a)
The proposed improvements and use, considering the nature and intensity of operations involved in connection with it, will be appropriate in the proposed location and will have no material adverse effect on existing or prospective development permitted in the district or in any adjoining district.
(b)
The lot on which the proposed improvements or use is to be located is adequate in size.
(c)
The potential generation of traffic by the proposed development and use will be within the reasonable capacity of the existing streets providing access to the lot, including streets contracted for by appropriate government agencies.
(d)
The proposed use will be provided with adequate, properly located off-street parking, regardless of the minimum requirements of this chapter. Parking areas will be properly screened from any adjoining residential lots, and entrance and exit drives will be so located as to minimize traffic hazards.
(e)
A licensed professional engineer shall have rendered a written opinion that the plans for storm drainage and connections to public sewer and water facilities, if any, are adequate.
(3)
Building permits shall be issued only pursuant to an approved site plan.
(4)
An application for amendment of an approved site plan shall be processed without payment of an additional fee, provided that construction shall not have been commenced pursuant to the original approval.
B.
Electrical distribution substations and other public utility structures. Electrical distribution substations and other public utility structures shall be permitted in any district under the following additional conditions:
(1)
Unless housed in a completely enclosed structure, the facility shall be enclosed by a fence sufficient to protect the installation.
(2)
Landscaping shall be provided appropriate to the district in which such facility is located.
(3)
The facility shall not include business offices, storage areas or structures involving traffic movements.
(4)
At no point on a boundary of said public utility site shall the sound levels exceed those permitted by Subsection A of § 150-39.
C.
Commercial outdoor recreational uses.
(1)
Commercial outdoor recreational uses shall be permitted in districts under the following additional conditions:
(a)
The applicant shall demonstrate that such activities will not be detrimental to the neighborhood taking into consideration the physical relationship of the proposed use to the surrounding structures, the probable hours of operation and social activities to be conducted on the premises.
(b)
No clubhouse or building customarily incidental to the outdoor recreation use principal shall be located closer than 200 feet to any lot line other than a street line.
(c)
Adequate parking spaces shall be provided.
(2)
Racing facilities for animals and power driven vehicles are prohibited.
D.
Drive-in theaters. Drive-in theaters shall be permitted under the following additional conditions:
(1)
No such facility shall have a direct entrance or exit to a state, county or Town highway, except as authorized by the appropriate agency of government concerned.
(2)
Each facility use shall provide automobile parking or standing space between the ticket gate and highway for not less than 20 automobiles.
(3)
No structure on the premises, other than a fence, shall be located within 50 feet of any boundary line.
(4)
The screen shall be located not less than 100 feet from every highway and every residence district boundary and shall be so located or shielded as not to be visible from any point on a public highway.
E.
Commercial radio and television transmission or receiving tower and facilities.
(1)
Commercial radio and television transmission or receiving towers and facilities shall be permitted under the following additional conditions:
(a)
No portion of the installation shall be within 100 feet of any property boundary line.
(b)
The facility shall be surrounded by a fence suitable to discourage access by unauthorized persons and children.
(2)
The provisions of Subsection B of this section shall also be complied with to the extent applicable.[1]
[1]
Editor's Note: Former § 30.67F, regulating quarries, sandpit, gravel pits and topsoil stripping, which immediately followed this subsection, as amended 11-7-1984 by L.L. No. 1-1984, was repealed 8-2-1989 by L.L. No. 7-1989.
F.
(Reserved)[2]
[2]
Editor's Note: Former Subsection F, regarding junkyards, auto wrecking and storage of salvage materials, amended 6-4-1997 by L.L. No. 2-1997, was repealed 5-11-2016 by L.L. No. 2-2016.
G.
Gasoline service stations. Gasoline service stations for the sale of fuel, lubricants and services, including washing and lubricating of vehicles, radiator cleaning and flushing, tire repair and servicing, battery repair and servicing, replacement of tailpipes and mufflers and similar services, shall be permitted under the following additional conditions:
(1)
A gasoline service station lot shall not be located within 250 feet from any lot or parcel occupied by a school, as measured along the shortest line between points on each lot.
(2)
Fuel pumps shall be located at least 20 feet from every highway.
(3)
All storage tanks shall be located at least 35 feet from every street or lot line, except underground gasoline storage tanks shall be permitted at least 20 feet from every highway or lot line.
(4)
No gasoline service station shall be located on any lot having an area of less than 10,000 square feet and street frontage of less than 100 feet on each street upon which it abuts.
(5)
The parking of trucks as an accessory use shall not be permitted, except those used exclusively for the conduct of the gasoline service station business.
H.
Animal hospitals and kennels. Animal hospitals and commercial kennels shall be permitted under the following additional conditions:
(1)
Adequate off-street parking spaces shall be provided to serve persons employed on the premises and the visiting public.
(2)
Unenclosed kennels or fenced exercise yards for small animals (dogs, cats, etc.) shall be located at least 20 feet from any property line.
(3)
Suitable provisions shall be made to preserve the peace in the adjacent neighborhood.
I.
Accessory buildings for the storage of commercial vehicles shall be permitted under the following additional conditions:
[Added 7-1-1992 by L.L. No. 2-1992]
(1)
Submission of satisfactory evidence to the Planning Board that the proposed structure will not create or impose any negative, physical or aesthetic impact in the neighborhood.
(2)
No business office shall be maintained in the accessory building or the lot on which it is located.
(3)
No business signage shall be permitted on the accessory building.
(4)
No employee may perform work-related activities within the building. No business or sales representatives may call at the storage facility for the purpose of conducting business.
(5)
No more than two commercial vehicles, exclusive of accessory equipment, may be stored in the accessory building.
(6)
Natural or artificial buffers shall be provided to reduce the structure's impact on the neighborhood. The buffers will be subject to the Planning Board's approval.
(7)
The applicant must agree to impose a deed restriction to be recorded in the Broome County Clerk's Office which limits the use of the proposed storage building for the specific and sole purpose of garaging the applicant's commercial-type vehicle. This deed restriction shall be binding on any future owner of this property. All expenses for compliance with this provision shall be the responsibility of the applicant. The Building Inspector shall supply the appropriate format for the deed restriction.
(8)
The Building Inspector shall certify that all conditions of this subsection have been met before the occupancy permit shall be issued. Failure to comply with these provisions shall result in a fine of $100 per day until such conditions are corrected. Failure to receive an occupancy permit shall result in the removal of the structure from the premises at the applicant's expense. It is agreed by the applicant that if he or she fails to comply with these conditions, the Town of Fenton may remove the structure and the applicant will be billed for this removal on the next Town tax billing period.
(9)
Nothing herein shall be construed to restrict or waive normal site plan review under Subsection A above, which is required in addition to the matters set forth in this Subsection I.
J.
In addition to the requirements of § 150-47A, in order for storage buildings to qualify as permitted uses rather than accessory uses, such buildings must:
[Added 4-16-2003 by L.L. No. 2-2003]
(1)
Be built on site and attached permanently to the ground. Structures such as truck bodies, trailers, intact, gutted, or modified mobile homes, buses, and similar structures shall not qualify as permitted storage buildings.
(2)
Be covered with siding in a manner satisfactory to the Planning Board.
(3)
Be shingled or otherwise roofed as required by the Planning Board.
(4)
Be sealed from the weather with windows and doors.
(5)
Be constructed at a location within the applicant’s parcel deemed suitable by the Planning Board, giving due regard to the location of dwelling units and other structures on adjoining parcels.
K.
Stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 121, Stormwater Management, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 121-6 through 121-9. The approved site plan shall be consistent with the provisions of Chapter 121.
[Added 3-7-2007 by L.L. No. 2-2007]
§ 150-47.1 Special use permits.
[Added 2-6-2019 by L.L. No. 2-2019]
A.
Statutory authority. This section is enacted pursuant to § 274-b of the New York Town Law and the New York Municipal Home Rule Law.
B.
Definition of special use permit. As used in this section the term "special use permit" shall mean an authorization of a particular land use which is permitted in this Chapter 150 of the Town of Fenton Town Code (the "zoning law"), subject to requirements imposed by the zoning law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met.
C.
Approval of special use permits. The Town Board of the Town of Fenton is hereby designated as the entity with the authority to grant special use permits as set forth herein. The Town Board may deny any application for a special use permit, even when the use applied for is otherwise allowed by the zoning law, if the Town Board concludes, in its sole judgment, that the use applied for will materially and adversely affect the health, welfare, or safety of Town residents, taking into account the nature of the proposed use and the surrounding vicinity, and that any such effects cannot be adequately mitigated by the imposition of conditions. The intention of this provision is to grant to the Town Board the full extent of its power to deny applications for special use permits in accordance with New York law.
D.
Prior to acting upon an application for a special use permit, the Town Board shall refer the application to the Town of Fenton Planning Board for review. The Planning Board may, but is not required to, hold a public hearing in connection with its review. Following its review, the Planning Board shall make its recommendation to Town Board as to whether the permit should be granted or denied. If the Planning Board recommends that the application be granted, it shall include in its recommendation any conditions upon the granting of the special permit that it deems appropriate. The Town Board, in acting upon the application following the receipt of the Planning Board's recommendation, may accept or reject the Planning Board's recommendation, in whole or in part.
E.
Applications for special use permits. Applications for special use permits shall include at least the following information:
(1)
A description of the anticipated traffic resulting from the development, including:
(a)
Anticipated volume, initially and in the future.
(b)
The type of traffic (e.g., passenger vehicles, trucks by class, etc.).
(c)
Truck traffic noise levels.
(d)
Queuing and idling of trucks.
(e)
Anticipated traffic patterns.
(f)
Anticipated areas of ingress and egress.
(g)
Anticipated hours of traffic.
(h)
Hours of operations.
(i)
Numbers and hours of work shifts.
(j)
Onsite vehicle repair.
(k)
Fueling stations.
(l)
Truck weights.
(m)
Ingress and egress to parking and loading areas.
(n)
Rail transport and rail access needs, if applicable.
(o)
Parking and loading needs.
(2)
Hours of operation.
(3)
Numbers and hours of work shifts.
(4)
Signage.
(5)
Potential noise sources, including:
(a)
High volume indoor sources.
(b)
All outdoor sources.
(6)
Employment estimates, initially and in the future.
(7)
Descriptions of materials to be used and/or handled on the site.
(8)
Description of any assembly or other special processes to be performed on site.
(9)
Description of any chemicals to be used or stored on site.
(10)
Planned property improvements.
(11)
Nature of the business.
(12)
Exterior lighting and its impact on the surrounding areas.
(13)
Waste to be generated by the operation, including its type and potentially hazardous nature and proposed methods of storage and handling and methods of disposal.
(14)
Site security, including but not limited to fencing, surveillance cameras, and motion detection.
(15)
Interior and exterior storage, including containment when deemed appropriate or required.
(16)
Dust.
(17)
Odors.
(18)
Other emissions, including diesel emissions from vehicles and support equipment.
(19)
Heights of buildings and structures.
(20)
Historic and archaeological resources, as applicable.
(21)
Future expansion plans.
(22)
SEQRA documents.
(23)
Drainage.
(24)
SWPPP, as applicable.
(25)
Traffic study, as applicable.
(26)
Visual impact study, as applicable.
(27)
General site plan, including but not limited to the special flood hazard area, wetlands, aquifer protection district, major vegetation, drainage, grading and contours, abutting properties and streets, rights-of-way, easements, vehicular and pedestrian ingress and egress, internal circulation, ground cover, parking, loading, existing and proposed buildings, outdoor storage, dimensions, lighting, utilities, landscaping, buffering, fencing, and signage. In addition to the foregoing, the applicant shall also comply with any applicable requirements of § 150-47.1 of the Town Code.
(28)
Any other information as directed by the Town Board.
F.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Town Law § 267-b, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
G.
Conditions attached to the issuance of special use permits. The Town Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit, including but not limited to hours of operation, ingress and egress points, hours of truck access, noise, outdoor storage, onsite vehicle repair and service, off-street parking and loading, including loading doors and docks in relation to residences and other sensitive receptors, queuing and idling of vehicles, fueling stations, landscaping, buffering, and screening from less intensive uses and residences and other sensitive receptors, signage, hours of operation, level of truck traffic, reimbursement to the Town for the cost of any necessary road maintenance or upgrades resulting from the operation, and similar conditions, giving due regard to the nature of the property to be subject to the special use permit and the surrounding area. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
H.
Public hearing and decision on special use permits. The Town Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the town at least 10 days prior to the date thereof. The Town Board shall decide upon the application within 62 days after the hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the Town Board. The decision of the authorized board on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
I.
Notice to applicant and county planning board or agency or regional planning council. At least 10 days before such hearing, the Town Board shall mail notices thereof to the applicant and to the Broome County Department of Planning and Economic Development as required by New York General Municipal Law § 239-m, which notice shall be accompanied by a full statement of such proposed action, as defined in General Municipal Law § 239-m(1).
J.
If the Town Board grants the special use permit, it shall establish appropriate yard and area requirements, height restrictions, and off-street parking requirements, giving due regard for the nature of the proposed use, the surrounding neighborhood, and such requirements for similar uses in other zoning districts.
K.
Compliance with State Environmental Quality Review Act. The Town Board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations.
L.
Court review. Any person aggrieved by a decision of the Town Board may apply to the Supreme Court for review by a proceeding under New York Civil Practice Law and Rules, Article 78. Such proceedings shall be instituted within 30 days after the filing of a decision by the Town Board in the office of the Town Clerk. The Court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The Court shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.
M.
Costs. Costs shall not be allowed against the Town Board in any such proceeding unless it shall appear to the Court that the Town Board acted with gross negligence, in bad faith, or with malice in making the decision appealed from.
§ 150-48 Temporary construction use permits.
[Added 12-3-1987 by L.L. No. 1-1987]
A.
Temporary special use permits allowing use of property other than as authorized by this chapter may be granted by the Town Planning Board under the following conditions:
(1)
The application shall be for temporary use of property in connection with construction of a highway or other public improvement located within the Town. Such temporary uses may include, among others: work area or staging area for parking and repair of equipment and vehicles, lodging of employees involved in the project and offices.
(2)
It must appear to the Planning Board that the proposed use of property is reasonably necessary to efficiently carry out a highway construction or other public works project.
(3)
The Planning Board shall determine that granting of the permit will not have a material adverse effect on the neighborhood in which the subject premises are located.
(4)
Duration of the permit shall be limited to the reasonably anticipated time necessary to complete the project plus six months, but in no event longer than four years.
(5)
The special use permit shall not be subject to renewal.
(6)
The special use permit shall be issued on condition that the subject premises be returned to the same or better condition prior to its expiration.
(7)
The Planning Board may impose such other conditions on the issuance of a special use permit as it may determine to be necessary to protect adjoining property from adverse consequences of the proposed use of the subject premises.
B.
In its discretion, the Planning Board may require as a condition for its issuance of a special use permit that the applicant provide a satisfactory surety bond as security for his/its obligations under the special use permit.
§ 150-49 Schedule of fees; charges; expenses.
A.
The Town Board may establish a schedule of fees, charges and expenses and a collection procedure for building permits, advertising costs for public hearings, certificates of occupancy and other matters pertaining to this chapter.[1]
[1]
Editor's Note: See Ch. A154, Fees.
B.
Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
§ 150-50 Complaints of violations.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint, in form approved by the Building Inspector. If such complaint shall state facts sufficient to show a violation of this chapter, the Building Inspector shall immediately investigate the same and report his findings to the Town Attorney and Town Board.