Walworth Town City Zoning Code
ARTICLE VII
Planning Board
§ 180-50 Creation; membership; officers.
The Planning Board of the Town of Walworth previously created is hereby ratified pursuant to § 271 of the Town Law of the State of New York. Said Planning Board shall consist of five members and one alternate member who shall be substituted for a member in the event that such member is unable to participate because of a conflict of interest. The Town Board shall designate a Chairman and appoint a Clerk.
§ 180-51 Authority; powers.
The Planning Board is authorized and empowered to:
A.
Approve subdivision plans for residential development in accordance with the definition for a subdivision as contained in Chapter 151, Subdivision of Land; Site Plan Review.
B.
Approve site plans for business and industrial development under this chapter.
C.
Approve site plans for other developments as provided in this chapter.
D.
Approve site plans for a planned development.
E.
Grant special use permits pursuant to this chapter and § 274-a of the Town Law.
F.
Administer Chapter 79, Environmental Quality Review, of the Code for compliance with the State Environmental Quality Review Act.
§ 180-52 Basis for approvals.
The Planning Board approvals shall be based on the requirements of this chapter and Chapter 151, Subdivision of Land; Site Plan Review.
§ 180-53 Special use permits.
A.
Special permitted uses are hereby declared to possess such unique and special characteristics that each specific use shall be considered as an individual case.
B.
The Planning Board shall hear and decide only such special use permit applications as are specifically authorized by the terms of this chapter; to decide such questions as are involved in determining whether special use permits should be granted; and to grant special use permits with such conditions and safeguards as are appropriate under this chapter, the Comprehensive Plan of the Town and to protect the health, safety and/or general welfare of the public or to deny special use permits when not in harmony with the purpose and intent of this chapter, when not consistent with the standards and criteria set forth in this chapter, when not consistent with the Comprehensive Plan or when there may be an impairment of the health, safety and/or general welfare of the public.
C.
Procedure for approval of development as special permitted use shall be in accordance with that outlined under procedures for plan review as contained in Article III of Chapter 151 of this Code pertaining to subdivision of land, Article IV of Chapter 151 of this Code pertaining to site plan review and approval.
D.
A special use permit application fee shall be paid to the Town upon each application for a special use permit as follows:
[Amended 3-4-2010 by L.L. No. 1-2010]
(1)
In case of a special use permit application in a residential zoning district, a fee as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk.
(2)
In case of a special use permit application in a commercial or industrial zoning district, a fee as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk.
§ 180-54 Standards for special use permits.
A.
The Planning Board, before approval, must determine that the proposed use meets the following criteria:
(1)
Harmony.
(a)
The location and size of the use, the nature and character of the operation involved, the size of the site in relation to the proposed use and the location of the site shall:
[1]
Be such that it will be in harmony with the orderly development of the district.
[2]
Not prevent the orderly and reasonable use of permitted or legally established uses in the district where the proposed use is to be located or of permitted or legally established uses in adjacent use districts.
[3]
Not prevent the orderly and reasonable use of adjacent properties or properties in adjacent districts.
(b)
The location, nature and character of the operation involved and the height of structure shall not unreasonably discourage or prevent the appropriate development and use of adjacent land and buildings in the district or land and buildings in adjacent use districts or unreasonably impair the value of land within the district where the special use is proposed or in an adjacent use district.
(c)
The use will be in harmony with and promote the general purposes and intent of this chapter.
(2)
Public health, safety and welfare. The health, safety, welfare, comfort, convenience or the order of the adjacent land, surrounding neighborhoods and the Town will not be affected by the proposed use and its location.
B.
In determining whether the proposed use meets the criteria set forth in § 180-54A, the Planning Board shall consider the following factors and any other factor which as a matter of law it may consider:
(1)
The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such special use or uses.
(2)
The conservation of property values and the encouragement of the most appropriate uses of land.
(3)
Whether the proposed use will create hazards or dangers to the public or to persons in the vicinity from traffic congestion, crowds, parking of automobiles or other causes.
(4)
The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid or gaseous, that may be caused or created by or result from the use.
(5)
The impact of the proposed use on surface drainage.
(6)
Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, fumes, odors, smoke or soot.
(7)
Whether the use will cause disturbing emissions of electric discharges, dust, light, vibration or noise or cause interference with normal communication signals.
(8)
Whether the operations and pursuance of the use will cause undue interference with the orderly enjoyment of parks, playgrounds or other recreational facilities.
(9)
The necessity for hard surface paved areas for the purpose of off-street parking of vehicles incidental to the use; whether such areas are reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had and whether such hard surface paved areas require drainage mitigation.
(10)
Whether a hazard to life, limb or property, because of fire, flood, erosion or panic, may be created by reason or as a result of the proposed use or by the structures to be used therefor or by the inaccessibility of property or structure thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot.
(11)
Whether the proposed use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population.
(12)
Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(13)
Whether the use to be operated is unreasonably near to a house of worship, school, theater, recreational area or other place of public assembly, provided that in no event shall the use by its close proximity to a house of worship or school be in violation of any provision of the Municipal Code prohibiting such use within the distance between the location of a proposed special use and a house of worship or school.
(14)
Whether the use abuts any residential district and, if so, whether adequate buffer areas have been provided.
(15)
Whether the use is in conformity with the Comprehensive Plan for the Town.
(16)
Any other factors which, pursuant to law, the Planning Board may consider in determining the proposed use meets the criteria set forth in § 180-54A.
§ 180-55 Expiration and violation of special use permits.
A.
A special use permit shall be deemed to authorize only the particular use applied for and shall expire:
(1)
If the special use shall cease for more than six months for any reason except the six-month period shall be tolled for one continuous year if the special use ceases because the permittee is:
(a)
Called by the military for active duty;
(b)
Suffers from physical, mental or emotional illness; or
(c)
The use is a seasonal business.
(2)
If all the improvements required by the Planning Board prior to the issuance of the special use permit are not completed within 12 months of the Planning Board granting a special use permit subject to its issuance upon the completion of various improvements, unless prior to that time, an extension has been granted by the Planning Board.
(3)
If under any provision of this chapter, it is provided that a particular special use permit expires.
B.
A violation of any of the terms and conditions of a special use permit granted by the Planning Board shall be construed as a violation of this chapter, and the Town shall have the right of enforcement as set forth in the Code in § 180-64, Penalties for offenses, and § 180-65, Injunctive relief.
§ 180-56 Approval of utility systems.
In order to ensure proper location and design of public and private utility systems, the Planning Board shall review all proposed systems. This review shall apply to the transmission and distribution grids for water, sewer, gas, electric, telephone and cable television systems. The utility company or agency shall submit detailed plans showing the design, location and capacity of all proposed systems. The Planning Board shall, within 60 days, report to the utility company or agency and either approve, disapprove or approve with modifications the proposed plans.