Owego City Zoning Code
ARTICLE XVII
Special Permit Review Procedures
§ 125-79 Planning Board special permit review procedures.
A.
Application and fees. All applications made to the Planning Board for all special use permits shall be in writing and, in order to be deemed complete, should include the following:
(1)
A preliminary site plan which demonstrates the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage, sanitary sewers, water, stormwater management plan and the location and extent of existing development on adjacent parcels.
(2)
Payment of the applicable fee in accordance with the schedule established by the Town Board.
(4)
Any other information considered helpful by the applicant or necessary by the Planning Board to explain the nature of the proposed use and its consistency with the standards established by this Code for special permit uses.
B.
Public notice and hearing. If the application materials are sufficient, the Planning Board shall hold a public hearing thereon and shall fix the time and place of such public hearing. The Planning Board shall give public notice of such hearing by causing such notice to be legally published in a newspaper of general circulation within the Town at least 10 days prior to the date of such public hearing and by posting such notice on the bulletin board maintained by the Town Clerk as least 10 days prior to the date of such hearing.
C.
Consultant review. In its review of an application for a special use permit, the Planning Board may consult with the Code Enforcement Officer and/or Building Inspector, the Town Superintendent of Highways, other local and county officials and its designated private planning and engineering consultants, in addition to representative state agencies.
D.
Required referral. A full statement of any special use permit application that meets the referral requirements of the General Municipal Law shall also be referred, prior to the public hearing, to the Tioga County Planning Board for its review. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from the Tioga County Planning Board or 30 calendar days have elapsed since the Planning Board received such full statement.
E.
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 90 calendar days of receipt of the completed application to the Board, or within 45 calendar days of the public hearing, which resolution shall clearly state the decision, including findings, and any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within five calendar days thereof. Copies shall also be sent to the applicant and to the Town Code Enforcement Officer and/or Building Inspector.
F.
Reimbursable costs. Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expenses in connection with the review of a special use permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee.
G.
Expiration of special use permit.
(1)
A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the permit and shall expire if the special use permit activity is not commenced and diligently pursued within one calendar year of the date of issuance of the special use permit. Upon prior written request of the Planning Board, including a statement of justification for the requested time extension, the time period for initiation of the special permit use may be extended once for a maximum period of one calendar year from its otherwise specified termination date.
(2)
In cases where subsequent site plan review and approval or the issuance of a building permit is required, vesting of the special use permit may occur through submission, within the specified time period, of a complete application of either required site plan approval or the issuance of a building permit to carry out all work governed by the special use permit.
H.
Integration of procedures. Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit requirements of the State Environmental Quality Review Act. Such integration of procedures may require, upon mutual written consent of the Planning Board and applicant, reasonable modification of time schedules otherwise stated in this Code related to special permit review and site plan review and approval, or in Title 6 Part 671 NYCRR.
I.
General provisions for Planning Board review of special permit uses. A special permit use shall be issued only if such permit use complies with the following general standards:
(1)
A special permit use must comply with the regulations of this chapter for the district within which it is located.
(2)
No such special permit shall be granted by the Planning Board unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any condition that the Planning Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
(3)
Each special permit use shall be of such character, intensity, size and location that it will be in harmony with the orderly development of the district in which it is located.
(4)
Each special permit use may be located only in the district or districts permitted for such special permit use.
(5)
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.
(6)
All proposed traffic accessways shall be adequate but not excessive in number and meet all safety considerations.
(7)
Provision of safe, adequate and accessible off-street parking.
(8)
Parking and service areas shall be screened from adjacent residential areas. The landscaping in general should be in keeping with the character of the neighborhood.
(9)
The character and appearance of the proposed use should be in general harmony with the character and appearance of the surrounding neighborhood. Any objectionable aspects of the proposed use should be mitigated so as not to adversely affect adjacent property owners.
(10)
The level of required services to support the proposed use is, or will be, available to the project. This will include water and sanitary sewage facilities, whether public or privately owned.
(11)
The use should be carried out in a manner compatible with its environmental setting.