Schroeppel City Zoning Code
ARTICLE XA
Special Use Permits
§ 95-59.1 Application and public hearing.
A.
An application for a special use permit shall be made to the Planning Board and shall include an application for a building permit with all required information and a statement including supporting evidence regarding the merits of the proposed use at the proposed location and how the proposal complies with the general and specific requirements of this article and the entirety of this chapter.
B.
An application shall be submitted no later than the first of the month in which it will be reviewed, or at such other time as the reviewing board may specify by resolution.
C.
The Planning Board shall hold a public hearing for any use requiring the issuance of a special use permit.
D.
The Planning Board shall hear and decide upon applications for special use permits for any uses for which this chapter requires the obtaining of a special use permit.
E.
Applicants bear the burden of proof in establishing the right to a special use permit.
§ 95-59.2 Application materials.
A.
An applicant for a special use permit shall submit the following information:
(1)
An application form. Copies of the application form may be obtained from the Town Clerk's office or Town Code Enforcement Officer, containing the following information:
(a)
Name and address of applicant.
(b)
Interest of the applicant in the subject property.
(c)
Location and legal description of the area.
(d)
Drafts of all covenants regarding offers of cession or dedication of areas or facilities to the Town which shall be in a form approved by the Town Attorney.
(e)
Copies of all other permits which have been obtained from those federal, New York State or other government agencies from which approval is required or the identification of all such other permits which shall be required for the construction and/or use of the site plan area.
(2)
Copies of a plot plan prepared by a licensed professional (surveyor/engineer) providing information sufficient to enable the Board to make an informed decision and including the following:
(a)
Area and dimensions of the tract of land;
(b)
Topography of the tract of land;
(c)
Proposed number, location and size of all building lots;
(d)
Location and width of roadways, walkways, parking areas, recreation areas, fencing and landscaping and any existing large trees, indicating whether said trees shall remain.
(e)
Location, dimensions, outline, area and use of any proposed buildings or structures.
(f)
Location of sewer lines, water lines, drainage areas and easements.
(g)
Plans and specifications of water supply and sewage disposal facilities and all other utilities, proposed and existing, if any.
(h)
All surrounding land use for a distance of 500 feet in all directions, including names and addresses of all adjacent landowners.
(i)
All commercial, multifamily dwelling, apartment or townhouse buildings constructed or to be constructed within the project area.
(j)
Existing and proposed streets providing access to the area showing existing and anticipated traffic patterns and loads and any required alterations to existing streets to accommodate the same. Proposed streets must contain construction specifications which comply with Town specifications for acceptance by dedication.
(3)
A brief narrative describing the proposed use.
(4)
An appropriate environmental assessment form (EAF).
(5)
An agricultural data statement where applicable (available from the Codes Enforcement Officer).
(6)
The special use permit application fee as established from time to time by the Town Board and any escrow deposit to reimburse the Town for any legal and engineering expenses incurred in addressing said application.
(7)
A disclosure of interest form as required by § 809 of the General Municipal Law.
§ 95-59.3 Special use permit criteria and findings.
A.
The Planning Board shall grant a special use permit when it finds adequate evidence that a proposed use submitted for special use permit will meet all of the following general requirements and standards listed for the proposed use. When additional specific standards are required elsewhere in this chapter, such standards shall also be met prior to issuance of a special use permit. The Planning Board shall, among other things, require that any proposed specially permitted use and location be:
(1)
In the best interest of the Town of Schroeppel, the convenience of the community, the public welfare, and shall be an acceptable addition to the neighborhood.
(2)
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing intended character of the general vicinity.
(3)
In conformance with all applicable requirements of this chapter.
(4)
Suitable in terms of effect on street or highway traffic safety with adequate access arrangements.
B.
In granting a special use permit, the Planning Board may impose reasonable conditions regarding layout circulation and performance it deems necessary to insure the objectives of this chapter are met. These conditions include, but are not limited to, the following as they may relate to lot size and dimensions, height, access, parking spaces, lighting, sign, hours of operation, business frequency, fencing, screening, landscaping and open space.
C.
Before granting a special use permit, the Planning Board shall make specific written findings that the proposed use:
(1)
Will comply with all provisions and requirements of this chapter and of all other Town of Schroeppel laws and regulations and will be consistent with the purposes of the zoning district in which it is located, with the Comprehensive Plan and with the purposes of this chapter.
(2)
Will not result in the release of harmful substances or any other nuisances, nor cause excessive noise, dust, odors, solid waste or glare.
(3)
Will not cause undue traffic congestion, unduly impair pedestrian safety or overload existing roads, considering their current width, surfacing and condition.
(4)
Will have appropriate parking and be accessible to fire, police and other emergency vehicles.
(5)
Will not overload any public water, drainage or sewer system or any other municipal facility or service, including schools.
(6)
Will not degrade any natural resource, ecosystem or historic resource.
(7)
Will be suitable to such conditions on operation, design and layout of structures and provision of screening, buffer areas and off-site improvements as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic and scenic resources of the Town.
(8)
Will be consistent with the community's goals.
(9)
Will have no greater overall impact on the site and its surroundings than would full development of uses of the property permitted by right.
(10)
Will not create a hazard to health, safety, morals or public welfare.
(11)
Will not depreciate or tend to depreciate the value of surrounding properties.
(12)
Will not be detrimental to the neighboring area or alter the essential character of the area.