A.
Authorization to grant or deny special uses. The Town
Board authorizes the Planning Board to grant or deny special uses
in accordance with the requirements set forth in this section. No
special use listed in this chapter may be permitted, enlarged or altered
unless approved by the Planning Board.
B.
Applications for special use. Any application for a
special use permit shall be made in writing. The application and required
information shall be delivered to the Building Inspector at least
21 days prior to the date of the next regular meeting of the Planning
Board. Fourteen copies of the application and required information
as set forth below shall be submitted.
(1)
The application must include the appropriate
Environmental Assessment Form (EAF) and all necessary documentation
to comply with State Environmental Quality Review Act, Part 617 (SEQRA).
(2)
Fees. Fees for the special use permit application
shall be in accordance with any fees established by the Town Board.
All application fees are in addition to any required escrow fees as
may be established by the Planning Board.
(3)
Expenses. The applicant shall be responsible
for the total cost of environmental reviews determined to be necessary
to meet requirements of SEQRA as per 6 NYCRR 617.13. The Planning
Board may also incur other extraordinary expenses in order to properly
review documents or conduct special studies in connection with the
proposed application, including, but not limited to, the reasonable
costs incurred by the Planning Board for private consultation fees,
fees for technical and engineering services, legal fees, or other
expenses in connection with the review of a special use permit application.
All reasonable fees shall be charged to the applicant. The Planning
Board shall make a reasonable estimate of the amount of expenses that
it expects to incur during the course of each application for a special
use permit. The amount so determined by the Planning Board shall be
deposited by the applicant in escrow with the Town Clerk prior to
the Planning Board's commencing any review of the application.
If the amount so deposited is exhausted or diminished to the point
that the Planning Board determines that the remaining amount will
not be sufficient to complete the review of the application, then
the Planning Board shall notify the applicant of the additional amount
that must be deposited with the Town Clerk. If the applicant fails
to replenish the escrow account or there are unpaid amounts for which
the applicant is responsible, the Planning Board, in its discretion,
may cease review of the application until such amounts are paid or
deny the application. In no event, however, shall any special use
permit be approved until such sums have been paid in full.
(a)
Performance bond. A performance bond with adequate
surety or additional escrow shall be required of the applicant in
an amount determined by the Planning Board upon the advice of the
Town Engineer or an engineer appointed to ensure that all conditions
placed on the approval are fully met. Such bonds or escrow shall be
returned upon the completion of all required improvements and satisfaction
of all conditions placed upon the project by the Planning Board. The
bond or any remaining escrow shall be released upon certification
by the Building Inspector and the Town's engineer that the conditions
of the bond have been fulfilled prior to the issuance of a certificate
of occupancy.
C.
Procedures.
(1)
Coordination with site plan. A site plan review may be required for each special use permit pursuant to Article XXXII and Attachments 2 through 11. All procedural and submission requirements shall be coordinated so as not to delay review and decision-making. In order to facilitate this coordination, any required information from Article XXXII (Site Plan Review) shall accompany the special use permit application.
(2)
Area variance. Where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XXVIII without the necessity of a decision or determination by the Building Inspector.
(3)
Use variance. All use variance applications to
the Zoning Board of Appeals shall be made only after denial of a permit
by the Building Inspector.
(4)
Waivers. The Planning Board may find that some
requirements of this section are not requisite in the interest of
the public health, safety or general welfare as applied to a particular
project or application or are inappropriate to a particular special
use application. In such cases, the Planning Board may, in its sole
discretion, waive any requirements for the approval, approval with
modifications, or disapproval of proposed special uses submitted provided
such a waiver does not prevent or circumvent the purposes and intent
of any Town of Ballston law or regulation or the Comprehensive Plan.
Waivers shall be explicitly requested by the applicant in writing,
and expressly granted only by the Planning Board. In granting waivers,
the Planning Board may, in its sole discretion, incorporate such reasonable
conditions as will in its judgment substantially secure the objectives
of the requirements so waived. The Planning Board must state, in writing,
its grounds for electing to conduct less intensive review and file
such statement along with the special use permit application and supporting
documents. Requirements of this chapter may not be waived except as
properly voted by the Planning Board.
(5)
Public hearing required. Within 62 days of receipt
of a complete application, the Planning Board shall hold a public
hearing. Notice of the public hearing shall be published in the official
newspaper at least five days prior to the date set for public hearing.
The Planning Board shall send, or cause to be sent, notice of the
Public Hearing to abutting property owners and those agricultural
operators identified on the Agriculture Data Statement, if any, by
regular mail, at least seven days prior to the public hearing.
(6)
Notice to applicant and Saratoga County Planning
Board.
(a)
At least 10 days before such hearing, the Planning
Board shall mail such notices to the applicant and to the Saratoga
County Planning Board as required by § 239-m of the General
Municipal Law, which shall be accompanied by a full statement of such
proposed action. The County referral shall apply to real property
within 500 feet of the following:
[1]
The boundary of any village or town; or
[2]
The boundary of any existing or proposed county
or state park or other recreation area; or
[3]
The right-of-way of any existing or proposed
county or state parkway, thruway, expressway, road or highway; or
[4]
The existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines; or
[5]
The existing or proposed boundary of any county-
or state-owned land on which a public building or institution is situated;
or
[6]
The boundary of a farm operation located in an
agricultural district, as defined by Article 25-AA of the Agriculture
and Markets Law.
(b)
The Saratoga County Planning Board shall have
30 days to review the full statement of the proposed action. If the
County Planning Board fails to report within 30 days, the Planning
Board may take final action on the proposed action without such report.
However, any County Planning Board report recommending modification
or disapproval of a project and which is received after 30 days or
such longer period as may have been agreed upon, but two or more days
prior to final action by the Planning Board, the Planning Board shall
not act contrary to such recommendation except by a vote of a majority
plus one of all the members.
(7)
SEQRA. The Planning Board shall comply with the
provisions of the New York State Environmental Quality Review Act
under Article 8 of the Environmental Conservation Law and its implementing
regulations.
(8)
Other agency review. In its review, the Planning
Board may consult with other Town boards and staff, and professionals
such as, but not limited to, an engineer, attorney, surveyor, or land
use/environmental planner and other Town and county officials, as
well as with representatives of federal and state agencies, including
the Soil and Water Conservation District, the United States Army Corps
of Engineers or the New York State Department of Environmental Conservation.
All fees related to consultation with professionals shall be borne
by the applicant.
(9)
The Planning Board shall require proof that all
permits required by other agencies have been applied for prior to
final approval. The Planning Board may approve a special use permit
application contingent upon final approval of such application by
other agencies. The Building Inspector shall ensure that all other
agency approvals have been received and all conditions required by
the Planning Board are met prior to issuing a building permit.
(10)
Decisions.
(a)
Time of decision. The Planning Board shall decide
upon the special use permit application within 62 days after the close
of the public hearing, subject to compliance with the requirements
of SEQRA and the General Municipal Law §§ 239-l and
239-m. The time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and the Planning
Board.
(b)
Type of decision. In rendering its decision the
Planning Board shall approve, disapprove or approve with modifications
and conditions the special use permit application. In authorizing
the issuance of a special use permit, the Planning Board has the authority
to impose such reasonable conditions and restrictions as are directly
related to, and incidental to, the proposed special use. Upon its
granting of a special use permit, any such conditions must be met
before issuance of permits by the Building Inspector.
(c)
Filing. The decision of the Planning Board shall
be filed in the office of the Town Clerk within five business days
of the date such decision is rendered and a copy shall be mailed to
the applicant.
(d)
A special use permit shall be deemed to authorize
only the particular special use or uses permitted. Once a special
use permit has been granted, it shall apply to the approved use on
that parcel regardless of ownership, as well as to any subsequent
use of the property in the same use category as per the Use Table,
provided that such use has no greater impact on adjoining properties,
complies with all terms and conditions of the special use permit,
and does not involve new construction, enlargement, exterior alteration
of existing structures, increased parking, or other changed use of
outdoor areas, or lapses in use.
(e)
Upon Planning Board approval, a payment of Parks
and Recreation Fee, as determined by the Town Board and as established
in the Town of Ballston Fee Schedule, shall be made.
(f)
Upon Planning Board approval, a payment of any
mitigation fee as may be required by the Town in the Generic Environmental
Impact Statement (GEIS January 2022).
D.
Lapses and expiration. Special use permits will expire
if the applicant fails to obtain a building permit within one year.
A special use permit will expire if the special use or uses shall
cease for more than two years for any reason. If a use subject to
an approved special use permit had been in continual operation, but
has since lapsed in operation for more than two years between Planning
Board approval and reinitiation of such use, the Planning Board shall
require a review of such use prior to reinstatement to ensure that
all original conditions of the special use permit are still valid.
In either case, the Planning Board may, after review, reinstate, or
reinstate with conditions such lapsed use. Such Planning Board review
shall be initiated through action by the Building Inspector.
E.
Renewal of permit. The Planning Board, as a condition
of approval, may require that special use permits be renewed periodically.
When the Planning Board has established such a condition of approval,
at least 90 days prior to the expiration of a special use permit,
the applicant shall apply to the Building Inspector for renewal of
the special use permit. The Building Inspector shall inspect premises,
verify that conditions of the permit have been met, and renew the
permit for a time equal to the original special use permit. Where
the Building Inspector determines that the applicant has not complied
with the special use permit, permit renewal shall require Planning
Board approval.
F.
Existing violation. No special use permit shall be
issued for a property in violation of this chapter unless the granting
of a special use permit and site plan approval will result in the
correction of the violation.
G.
Deemed to be conforming. Any use for which a special
use permit may be granted shall be deemed a conforming use in the
district in which the use is located, provided that the special use
permit shall affect only the lot, or portion thereof, which is the
subject of the special use permit application.
H.
Expansion of special use. The expansion of any special
use shall require amendment and approval of the special use permit
by the Planning Board in accordance with the procedures set forth
in this chapter. For purposes of this section, "expansion" shall be
interpreted to mean an increase in the floor or lot area allocated
to the special use, an increase in development coverage, increased
hours of operation, or an increase in the intensity of the use, e.g.,
an increase in traffic or need for on-site parking.
I.
Factors for consideration.
(1)
In authorizing the issuance of a special use
permit, the Planning Board shall take into consideration the public
health, safety, and welfare of the community, the purposes of this
chapter, the general considerations as per this subsection, and the
Town of Ballston Comprehensive Plan, and shall prescribe appropriate
conditions and safeguards to ensure the proposed use's scale
and intensity are compatible with adjoining properties, and with the
natural and built environment and character in the area and will accomplish
the following objectives:
(a)
The use shall be of such location, size and character
that it will be in harmony with the appropriate and orderly development
of the district in which it is situated and will not be detrimental
to the orderly development of adjacent districts.
(b)
The location and size of the use, the nature
and intensity of the operations involved or conducted in connection
therewith, its site layout and its relation to streets giving access
to which shall be of such that traffic to and from the use and the
assembly of persons in connection with it will not be hazardous or
inconvenient to the neighborhood or conflict with the normal traffic
of the neighborhood.
(c)
The location and height of building, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the proper development and use of adjacent land and
buildings or impair the value thereof.
(d)
The public convenience and welfare will be substantially
served, and appropriate use of neighboring property will not be substantially
or permanently injured, subject to appropriate conditions and safeguards,
as determined necessary to promote the public health, safety and welfare.
(e)
Adequacy of parking for the proposed use, and
its accessibility to fire, police and emergency vehicles.
(f)
The proposed use shall protect natural environmental
features and will have no greater overall impact on the site and its
surroundings than would full development of uses of the property permitted
by right, considering environmental, social and economic impacts of
traffic, noise, dust, odors, release of harmful substances, solid
waste disposal, glare or any other nuisances.
(h)
Vehicular traffic access and circulation, including
intersections, road widths, drainage channelization structures and
traffic controls shall be adequate to serve the special use and not
negatively impact the overall traffic circulation system of the neighborhood
and the Town.
(i)
Location, arrangement, size, nature, intensity
of operations, and design of the special use, including all principal
and accessory structures associated with that use, shall be compatible
with the neighborhood in which it is located and with the rural character
of Ballston and shall safeguard the values of surrounding properties
from noise, glare, unsightliness, or other objectionable features.
(j)
The special use shall not negatively impact historic
or scenic features.
(k)
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.
(l)
The Planning Board shall impose additional conditions
and safeguards to the special use permit use as are directly related
to 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. Restrictions
and/or conditions may include those related to design of structures
or operation of the use (including hours of operation) necessary either
to ensure compatibility with the surrounding uses or to protect the
resources of the Town.
Upon appeal from a decision of the Building Inspector or upon
any other proceeding properly before the Zoning Board of Appeal, such
Board shall have the power to determine any question involving an
interpretation of any provision of this chapter, including the determination
of the location of any zoning district boundary where such Board finds
that an uncertainty exists with respect thereto.
