Pawling Town City Zoning Code
ARTICLE VI
Special Permits, Site Plans and Environmental Impact Statements
§ 215-45 Sewer and water facilities.
[Added 10-13-1987 by L.L. No. 4-1987]
Subdivision applications with central sewer and/or water. Simultaneously with the approval of a subdivision plat containing a plan for either central sewer or water, or both, the applicant shall sign an agreement with the Town to convey by deed and bill of sale the entire sewer collection and treatment facilities and/or the entire water distribution, pumping source and storage facilities, together with all other facilities necessary for the proper operation of said systems. The agreement shall provide the right of the Town to acquire said facilities at its option at any time for the consideration of $1.
Subdivision applications without central sewer and/or water. When a subdivision application does not show plans for central water or central sewer, or both, the Planning Board, at its option, may require the installation of dry pipes for water distribution and/or sewer collection, or both. The applicant shall sign an agreement with the Town for conveyance of said dry pipes to the Town by bill of sale at any time at the option of the Town for a consideration of $1, but in any event with the dedication of the roads in said subdivision.
Site plan applications with central sewer and/or water. Simultaneously with the site plan approval containing a plan for either central sewer or water, or both, the applicant shall sign an agreement with the Town to convey by deed and bill of sale the entire sewer collection and treatment facilities and/or the entire water distribution, pumping source and storage facilities, together with all other facilities necessary for the proper operation of said systems. At the time of availability of municipal services, the owner shall make the connection to such municipal services within one year.
Site plan applications without central sewer and/or water. In the case of a site plan application which does not show plans for central water or central sewer, or both, the Planning Board and/or the Code Enforcement Officer, at its option, may require the installation of dry pipes for water distribution and/or sewage collection, or both. The applicant shall sign an agreement with the Town that, at the time of availability of municipal services, the owner shall make the connections to such municipal services within one year.
§ 215-46 Standards for special permits.
All uses listed in the Schedule of Permitted Uses[1] as special uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to but not be limited to the following general requirements as well as the pertinent supplementary regulations. Special uses are subject to the requirements of § 215-47, Site plan approval, with the exception of accessory apartments.
[Amended 7-11-2012 by L.L. No. 2-2012]
[1]
Editor's Note: The Schedule of Permitted Uses is located at the end of this chapter.
General provisions.
The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth therein in addition to all other requirements of this chapter.
Upon the approval of the Planning Board as hereinafter provided, temporary permits not to exceed five years may be granted, and, at the termination of said period, the Planning Board may renew said permit from time to time or grant a permanent permit or terminate said permit.
Application and referral. Application for a special permit shall be made, in writing, to the Planning Board. The Planning Board shall fix a time within 45 days from the day an application for special permit is made for a public hearing. Public notice shall be given by publication in the official Town newspaper of such hearing at least five days prior to the date of public hearing. The Secretary of the Planning Board will record in the minutes of the hearing the names of any of the abutting property owners who qualify under terms of Subsection D below, who object to the granting of the special permit and the reasons why, such information to be given consideration in arriving at a permit decision. Within 45 days of said hearing, the Planning Board shall approve, approve with modifications or disapprove the special permit. The decision of the Planning Board shall be filed in the office of the Town Clerk. No building permit shall be issued for special uses until the provisions of this § 215-46 have been met.
Notice to property owners. At least seven days before the hearing, the applicant shall mail notice to property owners as follows:
[Amended 7-11-2012 by L.L. No. 2-2012]
Form and content. Such notice shall include the name of the applicant, the location of the parcel of land and a brief description or identification of the proposal and shall also specify the date, time and place of the public hearing.
Transmittal. Such notice shall be sent by United States Postal Service certified or registered mail to the owners of all lots in the Town which are within 300 feet of the parcel to which the application pertains, which owners and their addresses shall be as indicated in the current Town Tax Assessor's records.
Certification. Prior to or at the time of the public hearing, the applicant shall provide to the Planning Board a copy of the required notice, a list of all the owners to whom such notice was mailed and either an affidavit that the mailing was completed as required herein or copies of all mailing receipts.
Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted to the Code Enforcement Officer with an application for a special permit. The plan shall be drawn to a scale of 100 feet to an inch or larger and shall show:
The location, proposed use, design and height of all buildings and structures.
The location and size of all parking and truck loading areas with access and egress drives thereto.
The location of outdoor storage, if any.
The location, type and size of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
[Added 2-8-2005 by L.L. No. 1-2005]
A description of the method of sewage disposal and location of such facilities.
The location and size of all signs.
The location and proposed development of buffer areas.
The location and design of lighting, power and communications facilities.
The amount of building area proposed for retail sale uses, if any.
Any proposed division of buildings into units of separate occupancy.
Planning Board report, considerations and scope. The Planning Board, after public notice and hearing in the same manner as required under law for the consideration of variances, may approve the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Operations in connection with any special use will not be offensive, potentially dangerous, destructive of property values and basic environmental characteristics or detrimental to the total interest of the Town and not be more objectionable to nearby properties by reason of noise, fumes, vibration, electromagnetic radiation, flashing of lights and similar nuisance conditions than would be the operations of any permitted use not requiring a special permit.
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
The Planning Board shall require additional conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.
If the Planning Board indicates that all applicable requirements have been met and the Code Enforcement Officer has determined that all other applicable laws have been complied with, the Planning Board shall approve the special permit.
[Amended 8-9-1994 by L.L. No. 1-1994]
Expiration of special permits. A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than 12 months for any reason or if said use is not initiated within 12 months of the date of special permit approval.
Revocation of special permits. Special permits may be revoked in the event of substantial deviation from the approved special permit.
Existing violations. No permit shall be issued for a special use for a property upon which there is an existing violation of this chapter.
Referral. The Planning Board shall comply with the provisions of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law, as amended, and refer to the Dutchess County Department of Planning such special permit applications as are within its jurisdiction.
§ 215-47 Site plan approval.
Planning Board approval required. The following are subject to site plan approval: all special uses in Districts R-1 through CD, VRD and HA with the exception of accessory apartments; all uses in a Highway Business or Mixed Business-Industry District and planned developments and all commercial, industrial, highway business, PDD and special uses where the original use has been changed or altered. Before the issuance of any building permit for a use requiring site plan approval, as specified by the Schedule of Bulk Regulations,[1] the detailed site plan for such use shall be approved by the Planning Board.
[Amended 2-13-1979; 9-10-1991 by L.L. No. 5-1991; 7-11-2012 by L.L. No. 2-2012]
[1]
Editor's Note: The Schedule of Bulk Regulations is included at the end of this chapter.
Application, referral and hearing. Applications for site plan approval shall be made, in writing, to the Planning Board. The Planning Board shall make referrals as required herein and shall fix a time within 45 days from the day an application for site plan approval is made for a public hearing. Public notice of such hearing shall be provided as set forth below. Within 45 days of said hearing, the Planning Board shall approve, approve with modifications or disapprove the site plan. The decision of the Planning Board shall be filed in the office of the Town Clerk.
[Amended 7-11-2012 by L.L. No. 2-2012]
Publication. At least five days before a scheduled hearing, a notice shall be published in a newspaper of general circulation designated by the Town as its official newspaper for publication of such notices.
Notice to property owners. At least seven days before the hearing, the applicant shall mail notice to property owners as follows:
Form and content. Such notice shall include the name of the applicant, the location of the parcel of land and a brief description or identification of the proposal and shall also specify the date, time and place of the public hearing.
Transmittal. Such notice shall be sent by United States Postal Service certified or registered mail to the owners of all lots in the Town which are within 300 feet of the parcel to which the application pertains, which owners and their addresses shall be as indicated in the current Town Tax Assessor's records.
Certification. Prior to or at the time of the public hearing, the applicant shall provide to the Planning Board a copy of the required notice, a list of all the owners to whom such notice was mailed and either an affidavit that the mailing was completed as required herein or copies of all mailing receipts.
Each application shall be accompanied by the following information:
A map of the applicant's entire holding at a convenient scale.
An area map drawn at the scale of 2,000 feet to the inch or larger, showing the relationship of the proposal to existing community facilities that may affect or serve it, such as roads, schools, shopping areas, etc. It shall also show all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
A topographic map of the property, drawn at a scale of 100 feet to the inch or larger and showing existing topography of two-foot contour intervals referenced to the nearest United States Government or local approved benchmark. This map shall also show the location of pertinent natural features that may influence the design of the proposed use, such as watercourses, swamps, rock outcrops and trees eight or more inches in diameter.
A detailed site plan showing:
The location, proposed use, design and height of all buildings and structures.
The location and size of all parking and truck loading areas with access and egress drives thereto.
The location of outdoor storage, if any.
The location, type and size of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
[Amended 2-8-2005 by L.L. No. 1-2005]
A description of the method of sewage disposal and the location of such facilities.
The location and size of all signs.
The location and proposed development of buffer areas.
The location and design of lighting, power and communications facilities.
The amount of building area proposed for retail sale uses, if any.
Any proposed division of buildings into units of separate occupancy.
The site plan required in Subsection C(3) above shall be accompanied by elevations and/or sections at the same or larger scale as required for the site plan, drawn in sufficient detail to delineate clearly the bulk and height of all buildings and other structures included in the proposal.
Utilities. In order to achieve greater safety and improved appearance, all water, sewer and gas lines and all electric, telephone and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by the regulations of state and local governments and/or utility company having jurisdiction.
Factors to be considered.
In acting on any proposed site plan of development, the Planning Board shall take into consideration the requirements of the Town Comprehensive Plan adopted by said Board and the Official Map as it may be adopted by the Town Board.
The Planning Board shall also consider the proposed location of main and accessory buildings on the site and their relation to one another, traffic circulation within the site, height and bulk of buildings, provision of off-street parking space, provision of buffer areas and other open spaces on the site and display of signs, so that any development will adequately handle pedestrian and vehicular traffic within the site in relation to the street system adjoining and will harmoniously and satisfactorily fit in with contiguous land and buildings and adjacent neighborhoods.
In addition, the Planning Board shall consider the factors of drainage, road alignment and other engineering aspects of such site plan and may require the review of such factors by engineering authorities appointed by the Town.
The Planning Board may, in its discretion, vary the requirements of any site plan so as to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval.
[Amended 2-13-1979]
Expiration of site plan approval. The Planning Board may declare the site plan approval to be void and may recommend that the building permit, if any, be revoked if, in the opinion of the Planning Board, substantial construction has not taken place within 12 months from the date of site plan approval.
[Amended 2-13-1979]
Referral. The Planning Board shall comply with the provisions of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law and refer to the Dutchess County Department of Planning such site plans as are within its jurisdiction.[2]
[Amended 2-13-1979]
[2]
Editor's Note: Original § 50-38, entitled "Environmental impact statements," which immediately followed this section, was deleted 8-9-1994 by L.L. No. 1-1994.