A.
The uses listed in the use tables, Column 3, Special
Permit Uses,[1] for the districts in which permitted and subject to the bulk regulations therefor in § 158-12 herein, may be authorized on application and after public notice and hearing. Such uses shall be deemed to be prohibited unless there shall be a valid special permit filed and recorded with the Town Clerk. Where such special permit may be granted and subject to any terms and conditions thereto, such uses shall be deemed conforming uses in the districts wherein located.
[1]
Editor's Note: The use tables are included
at the end of this chapter.
B.
The grant of special permits for the uses indicated may be conditioned on periodic renewal, which renewal shall be granted following public notice and hearing and may be withheld only upon a determination that conditions as may have been identified in the original grant requiring that the use be of temporary duration now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions, or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part. Notices of violation pursuant to Article VIII shall be prima facie evidence of lack of conformity to such standards or conditions.
C.
Any use which requires a special permit under this
chapter which use is discontinued for a period of one year or longer
shall have no approval and must apply for a new special permit.
[Added 12-14-1987 by L.L. No. 5-1987; amended 12-12-1994 by L.L. No. 4-1994]
A.
Application for a special permit pursuant to these
regulations shall be upon a format prescribed by the Town Board and/or
Planning Board and shall contain the following information unless
specifically waived by the approval authority:
(1)
A survey of the property, topography and soils classification,
present zoning classification, any special districts, easements or
other restrictions, including covenants on the development of the
property and ownership of the property.
(2)
Description of the proposed use, with reference to
the appropriate use and bulk regulations herein, including any supplementary
regulations applying thereto.
(3)
A plan of the proposed development, generally setting
forth the location of buildings, structures or other improvements
to the land, means of access and egress, fire protection, topographical
alteration and effects on drainage both on the proposed site and downstream
of the site.
(4)
The Town Board or Planning Board may request any additional
information it reasonably needs to make its required findings pursuant
to this section, including but not limited to a cost-benefit analysis
or similar study to review the estimated municipal costs, services
and prospective revenues which would be generated by the proposed
use, and a traffic and circulation study projecting the effects of
the proposed use on existing and future traffic and access in the
vicinity of the proposed use.
[Amended 12-12-1994 by L.L. No. 4-1994[1] ]
[1]
Editor's Note: This local law also repealed
former Subsection A(6), dealing with a traffic and circulation study,
and former Subsection A(7), dealing with copies of environmental assessments.
(5)
Evidence that the proposed use is consistent with
and compatible with the goals of the Town Development Plan.
(8)
Not less than 10 days prior to such public hearing,
notice of the same shall be given by the applicant by publication
of notice thereof in the official newspaper of the Town and by the
applicant mailing notice thereof by certified mail to the owners of
property abutting the proposed subdivision and directly across any
adjoining street of the property for which application is made, and
to any other persons whom the Board may deem to be particularly affected,
to include, but not be limited to, the Supervisor, Planning Board
Chairman, Town of Cornwall Department of Public Works, Department
of Transportation, Town Planner, Town Engineer, Town Attorney, Building
Inspector, Stenographer and the Town Clerk. Affidavit of mailing and
an affidavit of publication must be presented at the public hearing.
[Amended 1-12-2009 by L.L. No. 1-2009; 10-4-2021 by L.L. No. 3-2021]
B.
Every application for a special permit shall be submitted
in nine copies to the Town Clerk with the fee as set forth in the
Standard Schedule of Fees of the Town of Cornwall.[4] One copy of the application shall be filed in the office
of the Town Clerk and one copy in the office of the Building Inspector,
and seven copies of the application shall be transmitted to the Planning
Board for review. In reviewing such application, the Planning Board
shall take into consideration the public health, safety and welfare,
the comfort and convenience of the public in general and of the residents
of the immediate neighborhood in particular and may determine such
appropriate conditions and safeguards as may be required in order
that the result of its actions shall, to the maximum extent possible,
further the expressed intent of this chapter and the accomplishment
of the following objectives:
[Amended 3-12-1984 by L.L. No. 1-1984]
(1)
All proposed structures, equipment or material shall
be readily accessible to fire and police protection.
(2)
The proposed use shall be of such location, size and
character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(3)
The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with or conflict with the normal
traffic of the neighborhood.
(4)
The location and height of buildings, 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 appropriate development and use of adjacent land
and buildings.
(5)
The impact of the proposed use shall not engender
avoidable impacts upon the environment of the site or adjacent lands
and any such impacts will be the minimum necessary to accommodate
the proposed use, and, further, there shall be the maximum preservation
of unique ecological or environmental assets, particularly as such
affect the value and viability of adjacent areas.
[4]
Editor's Note: A schedule of fees is on file
in the office of the Town Clerk.
C.
In the event that such special permit use shall be by Town Board authorization, the Planning Board shall, within 45 days (or such longer period as mutually agreed to in the minutes by the Board and applicant) of the receipt by the Town of such application in proper form, transmit one copy of the application, together with its report thereon with findings set forth in Subsection B above, to the Town Board. The report of the Planning Board may also contain recommendations of conditions or other relevant findings appropriate to the application. In the event that such special permit use shall be by Planning Board authorization, the Planning Board shall, within 45 days (or such longer period as mutually agreed to in the minutes by the Board and applicant) of receipt by the Town of such application in proper form, conduct a hearing as set forth in Subsection E and within 45 days thereafter render its decision.
[Amended 12-14-1987 by L.L. No. 5-1987]
D.
The Town Board, upon receipt of the report by the Planning Board, shall, within 45 days, unless an extension is agreed to, conduct a public hearing as set forth in Subsection E, and within 45 days thereafter render its decision. The Town Board, in considering any application for a special permit hereunder, shall make findings required in Subsection B and, in addition, may exercise such discretion reserved for legislative matters so as to ensure that public health, welfare and safety are protected and the environmental and land resources of the community are most efficiently programmed and that any authorization hereunder shall not create fiscal burdens upon the community at large or an adverse impact upon adjacent property and it prospective use under this chapter by right and such Town and New York State regulations as may be applicable.
[Amended 12-14-1987 by L.L. No. 5-1987; 12-12-1994 by L.L. No. 4-1994]
E.
The Town Board or Planning Board, in approving any
special permit hereunder, shall require conformance to any supplementary
regulations applying to such uses generally and may establish such
other conditions, including but not limited to landscaping, lighting,
access and egress, signs, screening, architectural features, location
and layout of buildings, definitions or limitations upon the use or
characteristics of the use, as are reasonably related to the public
health, safety and general welfare and as may be necessary to carry
out the intent of this chapter. The decision of the Town Board or
Planning Board shall be filed in the office of the Town Clerk and
a copy thereof mailed to the applicant.
[Amended 12-14-1987 by L.L. No. 5-1987]
F.
Any modification to a special permit use or a site plan in the categories listed above also requires site plan approval by the Planning Board. Where the Planning Board shall determine in its discretion that such change is insubstantial, the Planning Board may waive the submission and hearing requirements contained in § 158-19.
[Amended 12-12-1994 by L.L. No. 4-1994]
G.
In approving any special permit, the Town Board or
the Planning Board may limit the hours of operation or establish reasonable
limitations on such uses to protect the value of adjacent property
and to promote peace and good order in the neighborhood.
[Added 12-12-1994 by L.L. No. 4-1994]
I.
All special permit uses which abut or are within 300
feet of or are set back 300 feet from any lot line of any residential
use or district shall be reviewed by the Planning Board to determine
if a buffer area is required for such special permit use. In granting
site plan approval, the Planning Board may require such screening
and/or plantings as will sufficiently insulate and screen the subject
use from the surrounding area, including visual, acoustic, seismic
or airborne emissions. Any special permit use for which a buffer is
required shall provide a buffer of not less than 50 feet in width
suitably landscaped and screened based on the existing vegetation
and topography satisfactory to the Planning Board.
[Added 12-12-1994 by L.L. No. 4-1994; amended 6-13-2005 by L.L. No. 3-2005]
J.
The Town Board or Planning Board, in approving any
special use permit, may do so with the imposition of conditions as
it deems reasonably necessary to protect the public health, safety
and welfare as the planned use may require. Any conditions imposed
upon grant of a special use permit shall be expressly noted on the
approved site plan for such use and shall be binding upon all subsequent
owners of the subject property.
[Added 12-12-1994 by L.L. No. 4-1994; amended 10-4-2021 by L.L. No. 3-2021]
