[Added 10-13-1987 by L.L. No. 4-1987]
A.
Subdivision applications with central sewer and/or
water. Simultaneously with the approval of a subdivision plat containing
a plan for either central sewer or water, or both, the applicant shall
sign an agreement with the Town to convey by deed and bill of sale
the entire sewer collection and treatment facilities and/or the entire
water distribution, pumping source and storage facilities, together
with all other facilities necessary for the proper operation of said
systems. The agreement shall provide the right of the Town to acquire
said facilities at its option at any time for the consideration of
$1.
B.
Subdivision applications without central sewer and/or
water. When a subdivision application does not show plans for central
water or central sewer, or both, the Planning Board, at its option,
may require the installation of dry pipes for water distribution and/or
sewer collection, or both. The applicant shall sign an agreement with
the Town for conveyance of said dry pipes to the Town by bill of sale
at any time at the option of the Town for a consideration of $1, but
in any event with the dedication of the roads in said subdivision.
C.
Site plan applications with central sewer and/or water.
Simultaneously with the site plan approval containing a plan for either
central sewer or water, or both, the applicant shall sign an agreement
with the Town to convey by deed and bill of sale the entire sewer
collection and treatment facilities and/or the entire water distribution,
pumping source and storage facilities, together with all other facilities
necessary for the proper operation of said systems. At the time of
availability of municipal services, the owner shall make the connection
to such municipal services within one year.
D.
Site plan applications without central sewer and/or
water. In the case of a site plan application which does not show
plans for central water or central sewer, or both, the Planning Board
and/or the Code Enforcement Officer, at its option, may require the
installation of dry pipes for water distribution and/or sewage collection,
or both. The applicant shall sign an agreement with the Town that,
at the time of availability of municipal services, the owner shall
make the connections to such municipal services within one year.
A.
All uses listed in the Schedule of Permitted Uses[1] as special uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to but not be limited to the following general requirements as well as the pertinent supplementary regulations. Special uses are subject to the requirements of § 215-47, Site plan approval, with the exception of accessory apartments.
[Amended 7-11-2012 by L.L. No. 2-2012]
[1]
Editor's Note: The Schedule of Permitted Uses is located at
the end of this chapter.
B.
General provisions.
(1)
The special uses for which conformance to additional
standards is required by this chapter shall be deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth therein in addition to all
other requirements of this chapter.
(2)
Upon the approval of the Planning Board as hereinafter
provided, temporary permits not to exceed five years may be granted,
and, at the termination of said period, the Planning Board may renew
said permit from time to time or grant a permanent permit or terminate
said permit.
C.
Application and referral. Application for a special permit shall be made, in writing, to the Planning Board. The Planning Board shall fix a time within 45 days from the day an application for special permit is made for a public hearing. Public notice shall be given by publication in the official Town newspaper of such hearing at least five days prior to the date of public hearing. The Secretary of the Planning Board will record in the minutes of the hearing the names of any of the abutting property owners who qualify under terms of Subsection D below, who object to the granting of the special permit and the reasons why, such information to be given consideration in arriving at a permit decision. Within 45 days of said hearing, the Planning Board shall approve, approve with modifications or disapprove the special permit. The decision of the Planning Board shall be filed in the office of the Town Clerk. No building permit shall be issued for special uses until the provisions of this § 215-46 have been met.
D.
Notice to property owners. At least seven days before
the hearing, the applicant shall mail notice to property owners as
follows:
[Amended 7-11-2012 by L.L. No. 2-2012]
(1)
Form
and content. Such notice shall include the name of the applicant,
the location of the parcel of land and a brief description or identification
of the proposal and shall also specify the date, time and place of
the public hearing.
(2)
Transmittal.
Such notice shall be sent by United States Postal Service certified
or registered mail to the owners of all lots in the Town which are
within 300 feet of the parcel to which the application pertains, which
owners and their addresses shall be as indicated in the current Town
Tax Assessor's records.
(3)
Certification.
Prior to or at the time of the public hearing, the applicant shall
provide to the Planning Board a copy of the required notice, a list
of all the owners to whom such notice was mailed and either an affidavit
that the mailing was completed as required herein or copies of all
mailing receipts.
E.
Required plan. A plan for the proposed development
of a site for a permitted special use shall be submitted to the Code
Enforcement Officer with an application for a special permit. The
plan shall be drawn to a scale of 100 feet to an inch or larger and
shall show:
(1)
The location, proposed use, design and height of all
buildings and structures.
(2)
The location and size of all parking and truck loading
areas with access and egress drives thereto.
(3)
The location of outdoor storage, if any.
(4)
The location, type and size of all existing or proposed
site improvements, including drains, culverts, retaining walls and
fences.
[Added 2-8-2005 by L.L. No. 1-2005]
(5)
A description of the method of sewage disposal and
location of such facilities.
(6)
The location and size of all signs.
(7)
The location and proposed development of buffer areas.
(8)
The location and design of lighting, power and communications
facilities.
(9)
The amount of building area proposed for retail sale
uses, if any.
(10)
Any proposed division of buildings into units
of separate occupancy.
F.
Planning Board report, considerations and scope. The
Planning Board, after public notice and hearing in the same manner
as required under law for the consideration of variances, may approve
the issuance of a permit, provided that it shall find that all of
the following conditions and standards have been met:
(1)
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
the size of the site in relation to it and the location of the site
with respect to streets giving access to it are such that it will
be in harmony with the appropriate and orderly development of the
district in which it is located.
(2)
The location, nature and height of buildings, walls
and fences and the nature and extent of the landscaping on the site
are such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
(3)
Operations in connection with any special use will
not be offensive, potentially dangerous, destructive of property values
and basic environmental characteristics or detrimental to the total
interest of the Town and not be more objectionable to nearby properties
by reason of noise, fumes, vibration, electromagnetic radiation, flashing
of lights and similar nuisance conditions than would be the operations
of any permitted use not requiring a special permit.
(4)
Parking areas will be of adequate size for the particular
use, properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
achieve maximum safety.
(6)
The Planning Board shall require additional conditions
and safeguards to the special permit as are necessary to assure continual
conformance to all applicable standards and requirements.
G.
If the Planning Board indicates that all applicable
requirements have been met and the Code Enforcement Officer has determined
that all other applicable laws have been complied with, the Planning
Board shall approve the special permit.
[Amended 8-9-1994 by L.L. No. 1-1994]
H.
Expiration of special permits. A special permit shall
be deemed to authorize only the particular use or uses specified in
the permit and shall expire if said use or uses shall cease for more
than 12 months for any reason or if said use is not initiated within
12 months of the date of special permit approval.
I.
Revocation of special permits. Special permits may
be revoked in the event of substantial deviation from the approved
special permit.
J.
Existing violations. No permit shall be issued for
a special use for a property upon which there is an existing violation
of this chapter.
K.
Referral. The Planning Board shall comply with the
provisions of Article 12-B, §§ 239-l and 239-m, of
the General Municipal Law, as amended, and refer to the Dutchess County
Department of Planning such special permit applications as are within
its jurisdiction.
A.
Planning Board approval required. The following are
subject to site plan approval: all special uses in Districts R-1 through
CD, VRD and HA with the exception of accessory apartments; all uses
in a Highway Business or Mixed Business-Industry District and planned
developments and all commercial, industrial, highway business, PDD
and special uses where the original use has been changed or altered.
Before the issuance of any building permit for a use requiring site
plan approval, as specified by the Schedule of Bulk Regulations,[1] the detailed site plan for such use shall be approved
by the Planning Board.
[Amended 2-13-1979; 9-10-1991 by L.L. No. 5-1991; 7-11-2012 by L.L. No.
2-2012]
[1]
Editor's Note: The Schedule of Bulk Regulations is included at the end of this chapter.
B.
Application, referral and hearing. Applications for
site plan approval shall be made, in writing, to the Planning Board.
The Planning Board shall make referrals as required herein and shall
fix a time within 45 days from the day an application for site plan
approval is made for a public hearing. Public notice of such hearing
shall be provided as set forth below. Within 45 days of said hearing,
the Planning Board shall approve, approve with modifications or disapprove
the site plan. The decision of the Planning Board shall be filed in
the office of the Town Clerk.
[Amended 7-11-2012 by L.L. No. 2-2012]
(1)
Publication.
At least five days before a scheduled hearing, a notice shall be published
in a newspaper of general circulation designated by the Town as its
official newspaper for publication of such notices.
(2)
Notice
to property owners. At least seven days before the hearing, the applicant
shall mail notice to property owners as follows:
(a)
Form and content. Such notice shall include the name of the applicant,
the location of the parcel of land and a brief description or identification
of the proposal and shall also specify the date, time and place of
the public hearing.
(b)
Transmittal. Such notice shall be sent by United States Postal Service
certified or registered mail to the owners of all lots in the Town
which are within 300 feet of the parcel to which the application pertains,
which owners and their addresses shall be as indicated in the current
Town Tax Assessor's records.
(c)
Certification. Prior to or at the time of the public hearing, the
applicant shall provide to the Planning Board a copy of the required
notice, a list of all the owners to whom such notice was mailed and
either an affidavit that the mailing was completed as required herein
or copies of all mailing receipts.
C.
Each application shall be accompanied by the following
information:
(1)
A map of the applicant's entire holding at a convenient
scale.
(2)
An area map drawn at the scale of 2,000 feet to the
inch or larger, showing the relationship of the proposal to existing
community facilities that may affect or serve it, such as roads, schools,
shopping areas, etc. It shall also show all properties, subdivisions,
streets and easements within 500 feet of the applicant's property.
(3)
A topographic map of the property, drawn at a scale
of 100 feet to the inch or larger and showing existing topography
of two-foot contour intervals referenced to the nearest United States
Government or local approved benchmark. This map shall also show the
location of pertinent natural features that may influence the design
of the proposed use, such as watercourses, swamps, rock outcrops and
trees eight or more inches in diameter.
(4)
A detailed site plan showing:
(a)
The location, proposed use, design and height
of all buildings and structures.
(b)
The location and size of all parking and truck
loading areas with access and egress drives thereto.
(c)
The location of outdoor storage, if any.
(d)
The location, type and size of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
[Amended 2-8-2005 by L.L. No. 1-2005]
(e)
A description of the method of sewage disposal
and the location of such facilities.
(f)
The location and size of all signs.
(g)
The location and proposed development of buffer
areas.
(h)
The location and design of lighting, power and
communications facilities.
(i)
The amount of building area proposed for retail
sale uses, if any.
(j)
Any proposed division of buildings into units
of separate occupancy.
D.
The site plan required in Subsection C(3) above shall be accompanied by elevations and/or sections at the same or larger scale as required for the site plan, drawn in sufficient detail to delineate clearly the bulk and height of all buildings and other structures included in the proposal.
F.
Utilities. In order to achieve greater safety and
improved appearance, all water, sewer and gas lines and all electric,
telephone and other wires and equipment for providing power and/or
communication shall be installed underground in the manner prescribed
by the regulations of state and local governments and/or utility company
having jurisdiction.
G.
Factors to be considered.
(1)
In acting on any proposed site plan of development,
the Planning Board shall take into consideration the requirements
of the Town Comprehensive Plan adopted by said Board and the Official
Map as it may be adopted by the Town Board.
(2)
The Planning Board shall also consider the proposed
location of main and accessory buildings on the site and their relation
to one another, traffic circulation within the site, height and bulk
of buildings, provision of off-street parking space, provision of
buffer areas and other open spaces on the site and display of signs,
so that any development will adequately handle pedestrian and vehicular
traffic within the site in relation to the street system adjoining
and will harmoniously and satisfactorily fit in with contiguous land
and buildings and adjacent neighborhoods.
(3)
In addition, the Planning Board shall consider the
factors of drainage, road alignment and other engineering aspects
of such site plan and may require the review of such factors by engineering
authorities appointed by the Town.
H.
The Planning Board may, in its discretion, vary the
requirements of any site plan so as to assure substantial compliance
with the intent of this provision while relieving the applicant of
undue or oppressive burden or hardship in obtaining approval.
[Amended 2-13-1979]
I.
Expiration of site plan approval. The Planning Board
may declare the site plan approval to be void and may recommend that
the building permit, if any, be revoked if, in the opinion of the
Planning Board, substantial construction has not taken place within
12 months from the date of site plan approval.
[Amended 2-13-1979]
J.
Referral. The Planning Board shall comply with the
provisions of Article 12-B, §§ 239-l and 239-m, of
the General Municipal Law and refer to the Dutchess County Department
of Planning such site plans as are within its jurisdiction.[2]
[Amended 2-13-1979]
[2]
Editor's Note: Original § 50-38,
entitled "Environmental impact statements," which immediately followed
this section, was deleted 8-9-1994 by L.L. No. 1-1994.
