The Planning Board of the Town of Schodack is hereby authorized to review and approve, approve with modifications or disapprove special use permits pursuant to the rules and specifications set forth herein. The purpose of this article is to allow a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment, or the character of the area in which they are located, and provided that such land uses are consistent with the goals and polices stated in the Town of Schodack Comprehensive Plan. While a particular use may be generally suitable within a Zoning District as indicated herein, it is recognized that each physical site and each specific land use is unique, and that a particular use may not be compatible in a specific location.

Applicability. All uses designated in Attachment 1, "Schedule of Use Regulations," of this chapter[1] shall require a Special Use Permit by the Planning Board in accordance with § 274-b of the Town Law and shall require Site Plan approval in accordance with this chapter, and shall conform with the general objectives, requirements and procedures included herein. In addition, accessory uses or structures used in connection with a special use permit shall be subject to the same approval requirements as the principal structure or use.

The intent of these regulations is to ensure that the development and use of individual parcels is in harmony with the Zoning Law and will not have an adverse effect on adjacent lands, the immediate neighborhood, or on the character of the community. Such regulations are designed to:

The Planning Board may require modifications to development proposals, submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval of a special use permit.

Application and fee.

Public notice and hearing. The Board shall fix a time and place for a public hearing on any such special use permit application and shall provide notice at least five days prior to the public hearing in the official newspaper of the Town.

Agency and consultant review. In its review, the Planning Board may consult with the Town Code Enforcement Officer, the Superintendent of Highways, other local and County officials and its designated private planning and engineering consultants, in addition to representatives of County, State and Federal agencies, including but not limited to the Rensselaer County Department of Health, Highway, Economic Development and Planning, the New York State Departments of Transportation, Health, Agriculture and Markets, Office of Parks, Recreation and Historic Preservation, Secretary of State, and Environmental Conservation, and the United States Army Corps of Engineers, United States Fish and Wildlife Service, and United States Department of Agriculture's Natural Resources Conservation Service and their successors.

Required referral. A full statement of any special use permit application, including all applicable SEQR documentation, that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law, shall be referred prior to the public hearing to the Rensselaer County Economic Development and Planning for its review. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from the Rensselaer County Department of Economic Development and Planning or 30 calendar days have elapsed since the Department received such full statement. In the event that the Rensselaer County Economic Development and Planning recommends disapproval of the proposal or recommends modification thereof within such time period or at a later date prior to final action by the Planning Board, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the Rensselaer County Economic Development and Planning.

Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 62 calendar days of the close of the public hearing, which resolution shall clearly state the decision, including findings, and any modifications attached thereto. The time within which the Planning Board shall render its decision may be extended by mutual consent of the applicant and the Planning Board. Each such decision shall be filed in the Office of the Town Clerk within five business days after such decision is rendered, and a copy thereof shall also be mailed to the applicant. No time periods for decision-making in this subsection shall begin to run until the lead agency has either accepted a draft environmental impact statement as complete or adopted a negative declaration under SEQR.

The location and size of the use, the nature and intensity of the intended operations involved, the size of the site in relation to the use, and the location of the site with respect to existing and future streets and roads providing access shall be in harmony with the orderly development of the district.

All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and meet similar safety considerations.

Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to avoid parking in public streets of vehicles or persons connected with or visiting the use and the interior circulation system shall be adequate to provide safe accessibility to all required off-street parking and loading. With the exception of single-family detached dwellings, shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking Report, shall be employed to demonstrate shared parking effects.

All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, 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 trees to the maximum extent practicable. Roadside plantings shall be in accordance with the standards as outlined herein this chapter.

The character and appearance of the proposed use, buildings, structures, lighting and/or outdoor signs shall keep harmony and be consistent with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would be the operations of any permitted use. In addition, they shall not adversely affect the general welfare of the inhabitants of the Town of Schodack, such determination to be made by the Planning Board.

All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, emergency services, and police protection.

Except for preexisting nonconforming lots of record, the use shall meet the prescribed area and bulk requirements for the district in which it is located and as further specified in the supplementary regulations, including but not limited to setbacks, maximum height, environmental and open space standards, required off-street parking, lighting, noise, and sign regulations.

The level of municipal and other services required to support the proposed activity or use is, or will be, available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface water or groundwater.

The proposed use shall not have an unmitigated significant adverse environmental impact as defined by the New York State Environmental Quality Review Act (SEQR). Such determination shall be made by the Planning Board or other designated lead agency.

The use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas.

The use shall be guided by the Town's Comprehensive Plan and other applicable planning documents adopted by the Town.

The Planning Board shall impose additional conditions and safeguards to the special use permit as are directly related and incidental to the proposed special use permit and which may be necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.

No Building and Zoning 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 the effect has been presented to the Code Enforcement Officer.

No certificate of occupancy 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 and applicable requirements of this chapter.

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.

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 no longer being complied with. In such case, a period of 60 days shall be granted for full compliance by the applicant prior to revocation of the special use permit. New conditions may be imposed by the Planning Board in its review of a previously issued special use permit.

The granting of a special use permit in a Flood-Fringe Overlay District (FF-O) shall not be held to constitute a representation, guaranty or warranty of any kind by the Town of Schodack or by an 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 for any damage that may result pursuant thereto.

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 18 months of the date of special use permit issuance or use of the property in accordance with the approved special use permit ceases for more than 12 months for any reason, A more restrictive time period of revocation can be placed as a condition of the issued special use permit by the Planning Board at their discretion. Upon prior written request to the Planning Board, the time period to implement fully the special use activity authorized per the special use permit may be extended for a maximum period of one additional calendar year for a total of 12 months from the date of the resolution approving the special use, either through a single extension of one calendar year or the combination of two or more extensions. The Planning Board may hold a public hearing prior to granting any extensions.

Amendments to special use permits. The terms and conditions of any special use permit may be amended in the same manner as required for issuance of a special use permit, following the criteria and procedures of this section.