Poestenkill Town City Zoning Code
ARTICLE VII
Special Permit Uses
§ 150-38 Planning Board review.
[Amended 2-19-2003 by L.L. No. 1-2003]
A.
All special permit uses specified in the District Schedule of Use Regulations in Article IV of this chapter shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy or use shall be issued by the Code Enforcement Officer except upon authorization of and in full conformity with plans approved by the Planning Board.
B.
Fees for the various special use permits shall be as set by the Town Board in accordance with Local Law No. 1 of the Year 2003.[1]
[1]
Editor's Note: See Ch. 128, fees.
§ 150-39 General standards.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and that of the residents of the immediate neighborhood in particular. The Planning Board shall also take into strict account the specific conditions set forth in this article for certain uses, applicable supplementary regulations stated in Article VI of this chapter and the following general objectives:
A.
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to the existing or future streets providing access shall be in harmony with the orderly development of the district.
B.
The location, nature and height of the buildings, walls and fences, and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
C.
All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade, alignment and visibility; located not less than 25 feet from street corners or other places of public assembly; and meet similar safety considerations.
D.
Adequate provision for safe and accessible off-street parking and loading spaces shall be made.
E.
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing natural screening and trees over eight inches in diameter to the maximum extent possible.
F.
The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood; shall not be more objectionable to nearby properties by reasons of noise, fumes, vibration or lights than would be the operations of any permitted principal use; and shall not adversely affect the general welfare of the inhabitants of the Town of Poestenkill.
G.
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
§ 150-40 Specific standards for certain uses.
In addition to the general standards stated above and the site plan review considerations stated in Article VIII, the following specific standards shall be strictly complied with for the particular special permit uses cited below:
A.
Multifamily dwellings.
(1)
The number of units located on a lot shall not exceed the maximum residential density for the land use district as stated in Article V, Area and Bulk Regulations.
(2)
Adequate water supply and sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Poestenkill and the Rensselaer County Department of Health.
(3)
No individual multifamily structure shall contain more than six residential units, nor may any group of structures exceed a total of 20 residential units.
(4)
Usable open space shall be reserved as provided in the District Schedule of Area and Bulk Regulations included at the end of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Day camps or recreational vehicle campgrounds.
(1)
The minimum lot area shall be 20 acres.
(2)
Cabins or cottages which may be provided shall be designed for one family only, with not more than four such seasonal dwelling units permitted per gross acre.
(3)
Similarly, not more than four tent platforms or recreational vehicle berths shall be permitted per gross acre.
(4)
All developments shall be serviced by a central water supply and common sewage disposal system fully satisfying the requirements of the Town of Poestenkill and the Rensselaer County Department of Health.
(5)
No building or recreational facility shall be located less than 200 feet from any lot line nor within 100 feet of any stream or wetland and shall be effectively screened by natural vegetation from adjacent properties.
C.
Membership clubs providing public and private recreational or athletic facilities, including ball fields, playgrounds, swimming facilities, golf courses and hunting and fishing clubs with accessory buildings for administration, operation and clubhouse purposes.
(1)
The minimum lot area shall be three acres.
(2)
No building shall be located closer than 100 feet to any street or lot line.
(3)
Plans for all public address systems and lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board.
D.
Cemeteries and crematories.
(1)
No burial or memorial plats, monuments or buildings shall be located closer than 50 feet to any residential lot line, except that, when a dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plats or monuments of less than four feet in height may be located as close as 20 feet to any residential lot line.
(2)
Crematories shall only be located within cemeteries.
(3)
All burials shall be undertaken in strict accordance with all applicable regulations of the New York State Department of State and Department of Health.
E.
Restaurants shall be designed and operated in strict accordance with the following standards:
(1)
There shall be no bar on the premises, except as ancillary to the dining activity.
(2)
There shall be only table service provided, with all dining occurring at tables, either indoor or, when weather permits, on an outdoor terrace.
(3)
The structure and the development of its site shall exhibit a residential character.
F.
Gasoline stations and auto or auto equipment rental or sales.
(1)
No gasoline station shall be located within 200 feet of any school, church, public library, theater, hospital, park, playground or other public gathering place designed for occupation by more than 50 people, the distance to be measured in a straight line between the nearest point of each lot.
(2)
The area for use by motor vehicles, including display and storage, except access drives thereto, as well as any structures shall not encroach on any required yard area.
(3)
No fuel pump shall be located within 25 feet of any lot line or within the required side or front yard, whichever shall be more restrictive. The station layout shall eliminate the necessity of any vehicle backing into a public right-of-way.
(4)
Entrance and exit driveways shall total no more than two in number and shall have an unrestricted width of not less than 16 feet nor more than 24 feet and be located no closer than 10 feet to any side lot line.
(5)
Gasoline or flammable oils in bulk shall be stored fully aboveground, not closer than 20 feet to any lot or street line. All storage facilities with a storage capacity of over 1,100 gallons shall comply fully with all applicable provisions of Title 6 of New York Codes, Rules and Regulations, Parts 612, 613 and 614.
(6)
All repair work and storage of equipment, materials, supplies and parts shall be located within a structure completely enclosed on all sides, not to be construed as meaning that the doors on any repair shop must be kept closed at all times.
(7)
Suitable year-round buffering and landscaping shall be provided in all rear and side yards.
(8)
Those establishments which sell gasoline in combination with a quick-stop retail food outlet shall:
(a)
Ensure that adequate parking is available on the site for customers making purchases at the store but not buying gasoline. This parking area shall be located in such a manner that it does not interfere with the safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster for disposal of stock packings removed by store employees and trash receptacles for customer use on the premises.
(c)
Maintain no outdoor displays of merchandise which interfere with the safe flow of traffic and pedestrians.
(d)
Locate all vending machines on the side of the building.
(e)
Direct all rooftop heating, ventilation, air-conditioning or refrigeration units away from adjacent residential properties.
G.
All kennels.
(1)
Buildings or structures, including fenced runs and similar outdoor areas, shall be located not less than 100 feet from any lot line nor within 300 feet of the nearest neighboring residential structure.
(2)
The facility shall be screened from neighboring streets and properties by natural vegetation.
§ 150-41 Standards within Flood-Fringe Overlay District. [1]
All uses proposed within the Flood-Fringe Overlay District (FF-O) shall be considered special permit uses subject to review by the Planning Board for compliance with the standards set forth in Chapter 132, Flood Damage Prevention, as certified to by a registered architect or licensed professional engineer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 150-42 Applications; fee.
The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein:
A.
Application and fee. When the proposed use requires site plan review, the application submitted shall contain those elements listed in § 150-50A. If the proposed use requires only special permit review, all applications made to the Planning Board shall be in writing, on forms prescribed by the Board, and shall be accompanied by the following:
(1)
A sketch site and/or building plan, as applicable, providing sufficient information to permit the Planning Board to review compliance with the general standards discussed in § 150-39 of this article.
(a)
The plan shall include:
[1]
An area map keyed to the real property tax maps, showing the subject property and all properties within 500 feet of the boundaries thereof.
[2]
A United States Geological Survey (USGS) map with the project area identified.
[3]
A general statement regarding soil conditions of the site, referencing the applicable Rensselaer County Soil and Water Conservation Service soils study mapping.
[4]
Existing watercourses.
[5]
Location, proposed use, area and height of all buildings.
[6]
Location and design of vehicular and pedestrian ingress, egress and access routes.
[7]
Location and proposed development of all buffer areas, including indication of existing vegetative cover.
[8]
Location and design of outdoor lighting facilities, including data regarding, when appropriate, lighting levels, both within the site and at the site's boundaries.
(b)
The Planning Board has the right to waive any of the aforementioned application requirements if such requirements are found not to be requisite in the interest of public health, safety and general welfare or inappropriate to a particular special use permit.
(2)
Such additional information as is required for certain uses under § 150-40 of this article.
(3)
Payment of the applicable fee in accordance with the fee schedule established by the Town Board pursuant to Local Law No. 1 of the Year 2003.[1]
[Amended 2-19-2003 by L.L. No. 1-2003]
[1]
Editor's Note: See Ch. 128, Fees.
B.
Public notice and hearing. The Planning Board shall conduct a public hearing within 62 days of receiving an application. The applicant shall, at least 10 days before such hearing, be given notice of the hearing and shall appear in person or by agent. The Board shall additionally provide notice as follows:
(1)
By publishing, at least five calendar days prior to the date thereof, a legal notice in the official newspaper of the Town.
(2)
By requiring the Clerk of the Planning Board to provide notice of the public hearing and data regarding the substance of the application to the owners of all property adjacent and/or opposite that held by the applicant of the land involved in such application. Notice shall be provided by certified mail at least five calendar days prior to the hearing, with compliance with this notification procedure certified to by the Clerk.[2]
(a)
The names of owners notified shall be taken as such appear on the last completed tax roll of the Town.
(b)
Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not invalidate an action taken by the Planning Board in connection with granting or denying a special permit application.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
If the land involved in the application lies within 500 feet of any other municipality, the Clerk of the Planning Board shall also submit, at least 10 days prior to the public hearing, to the municipal clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing, in accordance with General Municipal Law § 239-nn.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
County Planning Office referral.
(1)
If applicable, at least 10 days before such hearing, the Planning Board shall mail notices thereof to the Rensselaer County Planning Office in accordance with § 239-m of the General Municipal Law. Such notice shall be accompanied by a full statement of the proposed project.
(2)
No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from the County Planning Office or 30 calendar days have elapsed since the Office received such full statement.
D.
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made within 62 days of the public hearing, by resolution, fully stating the decision, including any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within five business days thereof.
§ 150-43 Reimbursable costs.
[Amended 2-19-2003 by L.L. No. 1-2003]
Reasonable costs incurred by the Planning Board for private consultation fees or other extraordinary expenses in connection with review of a proposed special permit application shall be charged to the applicant as authorized and required by Local Law No. 1 of the Year 2003.[1] Such reimbursable costs shall be in addition to the fee required in § 150-42A herein.
[1]
Editor's Note: See Ch. 128, Fees.
§ 150-44 Approval.
A.
No building permit shall be issued for any structure covered by this article until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Code Enforcement Officer.
B.
No certificate of occupancy or use shall be issued for any structure or use of land covered by this article until the structure is completed or the land developed in strict accordance with the Planning Board resolution or special permit approval and applicable requirements of this chapter.
C.
Any use for which a special use permit may be granted shall be deemed to be a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit has been granted.
D.
The Planning Board may require in its resolution of 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 being no longer, complied with. In such cases, a period of 62 days shall be granted for full compliance by the applicant prior to revocation of the special use permit.
E.
The granting of a special use permit in all FF-O (Flood-Fringe Overlay) Districts shall not be held to constitute a representation, guaranty or warranty of any kind by the Town of Poestenkill or by any official or employee thereof for the practicability or safety of any structure or use or the proper functioning of the proposed facilities and plans and shall not be held to create a liability upon or cause of action against such public body, official or employee or any damage that may result pursuant thereto.
§ 150-45 Expiration.
A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use permit is not commenced and diligently pursued within one year of the date of special use permit issuance or if the use authorized ceases for more than one year for any reason.
§ 150-46 Integration of other procedures.
Whenever the particular circumstances of a proposed development require compliance with either another procedure in this chapter, the requirements of the Town's Land Subdivision Regulations in Chapter 195, Subdivision of Land, or the requirements of the State Environmental Quality Review Act, the Planning Board may integrate, if it deems appropriate, special permit review as required by this article with the procedural and/or submission requirements for such other compliance. Such integration of procedures may require, upon mutual written consent of the Planning Board and the applicant, reasonable modification of the time schedules otherwise stated in this article.
§ 150-47 Appeals.
Any person or persons, jointly or severally, aggrieved by any decision of the Planning Board under this article may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the Planning Board's decision in the office of the Town Clerk.