[Amended 3-2-2022 by L.L. No. 1-2022]
The provisions of this chapter shall be enforced
by the Building Inspector or such other person or Town officer as
shall be appointed by the Town Board. No building permit, use permit,
or certificate of occupancy shall be issued, except pursuant to the
provisions of this chapter.
A.
Required.
[Amended 11-7-1984 by L.L. No. 1-1984; 3-26-2014 by L.L. No.
3-2014; 3-2-2022 by L.L. No. 1-2022]
(1)
No
excavation, construction or exterior alteration of any building or
structure shall be commenced and no building or structure shall be
moved into or relocated within the Town of Fenton, except pursuant
to a building permit issued by the Building Inspector charged with
enforcement of the New York State Uniform Fire Prevention and Building
Code; provided, however, that no building permit shall be required
to construct a fence, but all fences shall be constructed in accordance
with any applicable provision of this chapter relating thereto.
(2)
No
change of use or establishment of a new use of any property shall
be implemented without first obtaining a use permit from said Building
Inspector. No use permit shall be granted unless the proposed new
use will be in compliance with this chapter.
B.
Form of application. All applications for building
permits and use permits shall be on forms approved by the Town Attorney
and shall include the following information:
[Amended 3-2-2022 by L.L. No. 1-2022]
(1)
The name and address of the applicant.
(2)
The street address and Tax Map number of the subject
property.
(3)
The nature of the permit sought and the intended use
of the building, proposed building, improvement or land.
(4)
A layout of plot plan drawn to scale showing the exact
size and location on the lot of the building, accessory buildings
or structures.
(5)
The number and location of off-street parking and
loading spaces and the access thereto.
(6)
Building plans and schedules sufficient to show that
the proposed improvement will comply with the Building Code.
(7)
Such additional information as the Building Inspector
may require.
C.
Compliance with chapter. No building permit shall
be issued for any building or land where said construction, alteration
or use thereof would be in violation of any provisions of this chapter
or the Building Code, except upon a written order of the Board of
Appeals and such Appeals Board as shall be charged with hearing appeals
from the Building Code, whenever applicable.
D.
Private water and sewer systems. No building permit
shall be issued for construction on any premises which are not served
by public sewer system and public water distribution system, unless
a written approval has been obtained from the Broome County Health
Department for a private sewage disposal system and a private water
supply system.
E.
Expiration of building permit.
(1)
A building permit shall expire one year from the date
of issuance, except where construction of the proposed improvement
has commenced or the premises have actually been put to the use applied
for. A building permit may be renewed once for an additional period
of one year. A fee shall be charged in accordance with the schedule
of fees[1] as if the application is for a new building permit.
[Amended 6-4-1997 by L.L. No. 2-1997]
(2)
In the event that the structure is not completed after
the first renewal period, a further renewal permit may only be granted
with the permission of the Town Board. An applicant wishing to renew
a building permit for a second renewal period shall request such a
renewal, in writing, to the Town Board, who shall consider said request
at its next regular meeting or at such earlier date as the Town Board
shall deem appropriate. The Town Board may, at its sole option, grant
a further renewal of the building permit, either with or without conditions
relating to further progress of the work, for such length of time
as the Town Board deems appropriate. Conditions may include a direction
that the structure be demolished in the event it is not completed
in accordance with the Town Board's direction.
[Added 1-6-1993 by L.L. No. 1-1993]
(3)
In the event that the applicant fails to comply with any such conditions set forth by the Town Board, the Building Inspector shall revoke the building permit and prevent any further construction in connection therewith. In the event that said building permit is revoked, no further construction shall take place in connection therewith, and the structure shall thereafter be subject to the same rules and laws applicable to uninhabited structures, generally, including but not limited to Chapter 71, Unsafe Buildings of the Code. In the event that the Town Board has ordered that the structure be demolished, the applicant shall promptly undertake said demolition. In the event that the demolition is not undertaken within a reasonable time by the applicant, the Town shall arrange for said demolition, and the cost thereof shall be assessed against the real property in the same manner as is set forth in § 71-10 of the Code.
[Added 1-6-1993 by L.L. No. 1-1993]
(4)
In the case of any construction requiring a septic
tank or other private sewage disposal system, the Building Inspector
shall not issue a renewal permit unless the applicant provides the
Building Inspector with a current permit from the Broome County Health
Department, or other evidence satisfactory to the Building Inspector
that the applicant is in full compliance with all requirements of
the Broome County Health Department in that regard.
[Added 1-6-1993 by L.L. No. 1-1993]
F.
Display of permit. A building permit shall be displayed
at all times during the course of construction at the main entrance
of a building, or otherwise where it will be clearly visible from
a public highway adjoining the premises and protected from the effects
of weather.
A.
Application. An application for a building permit
may include an application for use and occupancy or may be made at
any time thereafter. A certificate of occupancy and use shall be issued
by the Building Inspector, if the completed building or structure
and its use comply with all the provisions of this chapter, within
10 days following notice of completion by the owner of the premises.
B.
Required. No building or structure shall be used or
occupied or the use thereof changed until the certificate of occupancy
is issued.
[Added 11-7-1984 by L.L. No. 1-1984]
C.
Record. The Building Inspector shall maintain complete
records of all permit applications and of his disposition thereof.
[Added 11-7-1984 by L.L. No. 1-1984]
D.
Temporary use permits. Upon request, the Building
Inspector may issue a temporary certificate of occupancy for a building
or structure, or part thereof, before the entire work covered by the
building permit shall have been completed, provided that such portion
or portions as have been completed may be occupied safely without
endangering life or the public welfare. A temporary use permit may
be issued for a period of one year and may be renewed for an additional
period of one year without cost.
Upon request by the owner, a certificate of
existing use shall be issued by the Building Inspector that a stated
or apparent existing use of the premises is lawful under the provisions
of this chapter.
[Amended 6-4-1997 by L.L. No. 2-1997]
A.
Creation, appointment and organization of Board of
Appeals.
(1)
A Board of Appeals is hereby created consisting of
five electors of the Town, each to serve for a term of five years.
(2)
The Board of Appeals heretofore established for the
Town of Fenton, pursuant to the provisions of the Town Law, is hereby
continued, each member to serve for the term of office for which he
was appointed.
(3)
The Board of Appeals, consistent with applicable provisions
of law, shall determine its own rules of conduct and procedure.
B.
Powers and duties of Board of Appeals.
(1)
Orders, requirements, decisions, interpretations and
determinations. The Board of Appeals may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision, interpretation
or determination appealed from and shall make such order, requirement,
decision, interpretation or determination as, in its opinion, ought
to have been made in the matter by the administrative official charged
with the enforcement of such ordinance or local law and to that end
shall have all the powers of the administrative official from whose
order, requirement, decision, interpretation or determination the
appeal is taken.
(2)
Use variances.
(a)
The Board of Appeals, on appeal from the decision
or determination of the administrative official charged with the enforcement
of such ordinance or local law, shall have the power to grant use
variances, as defined herein.
(b)
No such use variance shall be granted by the
Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
the following to the Board of Appeals that for each and every permitted
use under the zoning regulations for the particular district where
the property is located:
[1]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[2]
The alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood;
[3]
The requested use variance, if granted, will
not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Board of Appeals, in the granting of use
variances, shall grant the minimum variance that it shall deem necessary
and adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Board of Appeals shall have the power, upon
an appeal from a decision or determination of the administrative official
charged with the enforcement of such ordinance or local law, to grant
area variances as defined herein.
(b)
In making its determination, the Board of Appeals
shall take into consideration the benefit to the applicant if the
variances is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant
can be achieved by some method, feasible for the applicant to pursue,
other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[5]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(c)
The Board of Appeals, in the granting of area
variances, shall grant the minimum variance that it shall deem necessary
and adequate and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Board of Appeals shall,
in the granting of both use variances and area variance, have the
authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of this chapter and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.
C.
Procedure.
(1)
All appeals and applications made to the Board of
Appeals shall be in writing, in a form approved by the Board of Appeals.
Every appeal or application shall refer to the specific provision
of the ordinance involved and shall set forth the interpretation that
is claimed or the details of the relief that is applied for.
(2)
Meetings, minutes and records. Meetings of Board of
Appeals shall be open to the public to the extent provided in Article
7 of the Public Officers Law. Such Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its examinations and other official actions.
(3)
Filing requirements. Every rule, regulation, every
amendment of repeal thereof and every order, requirement, decision
or determination of the Board of Appeals shall be filed in the office
of the Town Clerk within five business days and shall be a public
record.
(4)
Assistance to Board of Appeals. Such Board shall have
the authority to call upon any department, agency or employee of the
Town for such assistance as shall be deemed necessary and as shall
be authorized by the Town Board. Such department, agency or employee
may be reimbursed for any expenses incurred as a result of such assistance.
(5)
Hearing appeals. Unless otherwise provided by local
law or ordinance, the jurisdiction of the Board of Appeals shall be
appellate only and shall be limited to hearing and deciding appeals
from and reviewing any order, requirement, decision, interpretation
or determination made by the administrative official charged with
the enforcement of any ordinance or local law adopted pursuant to
this Article. The concurring vote of a majority of the members of
the Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official or to
grant a use variance or area variance. Such appeal may be taken by
any person aggrieved or by an officer, department, board or bureau
of the Town.
(6)
Time of appeal. Such appeal shall be taken within
60 days after the filing of any order, requirement, decision, interpretation
or determination of the administrative official charged with the enforcement
of such ordinance or local law by filing with such administrative
official and with the Board of Appeals a notice of appeal, specifying
the grounds thereof and the relief sought. The administrative official
from whom the appeal is taken shall forthwith transmit to the Board
of Appeals all the papers constituting the record upon which the action
appealed from was taken.
(7)
Stay upon appeal. An appeal shall stay all proceedings
in furtherance of the action appealed from, unless the administrative
official charged with the enforcement of such ordinance or local law,
from whom the appeal is taken, certifies to the Board of Appeals,
after the notice of appeal shall have been filed with the administrative
official, that, by reason of facts stated in the certificate, a stay
would, in his or her opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Appeals or
by a court of record on application on notice to the administrative
official from whom the appeal is taken and on due cause shown.
(8)
Hearing on appeal. The Board of Appeals shall fix
a reasonable time for the hearing of the appeal or other matter referred
to it and give public notice of such hearing by publication in a paper
of general circulation in the Town at least five days prior to the
date thereof. The cost of sending or publishing any notices relating
to such appeal or a reasonable fee relating thereto shall be borne
by the appealing party and shall be paid to the Board prior to the
hearing of such appeal. Upon the hearing, any party may appear in
person or by agent or attorney.
(9)
Time of decision. The Board of Appeals shall decide
upon the appeal within 62 days after the conduct of said hearing.
The time within which the Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
(10)
Filing of decision and notice. The decision
of the Board of Appeals on the appeal shall be filed in the office
of the Town Clerk within five business days after the day such decision
is rendered and a copy thereof mailed to the applicant.
(11)
Notice to Park Commission or Planning Agency.
At least five days before such hearing, the Board of Appeals shall
mail notices thereof to the parties; to the Regional State Park Commission
having jurisdiction over any state park or parkway within 500 feet
of the property affected by the such appeal; and to the County, Metropolitan
or Regional Planning Agency, as required by § 239-m of the
General Municipal Law, which notice shall be accompanied by a full
statement of the matter under consideration, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
(12)
Compliance with State Environmental Quality
Review Act. The Board of Appeals shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations as
codified in Title 6, Part 617 of the New York Codes, Rules and Regulations.
(13)
Rehearing. A motion for the Board of Appeals
to hold a rehearing to review any order, decision or determination
of the Board not previously reviewed may be made by any member of
the Board. A unanimous vote of all members of the Board then present
is required for such rehearing to occur. Such rehearing is subject
to the same notice provisions as an original hearing. Upon such rehearing,
the Board may reverse, modify or annul its original order, decision
or determination upon the unanimous vote of all members then present,
provided that the Board finds that the rights vested in persons acting
in good faith in reliance upon the reviewed order, decision or determination
will not be prejudiced thereby.
(14)
Chairperson duties. All meetings of the Board
of Appeals shall be held at the call of the Chairperson and at such
other times as such Board may determine. Such Chairperson or, in his
or her absence, the Acting Chairperson may administer oaths and compel
the attendance of witnesses.
A.
Creation; appointment; organization.
(1)
A Planning Board is hereby created consisting of seven
electors of the Town, each to serve for a term of seven years.
(2)
The Planning Board heretofore established for the
Town of Fenton pursuant to the provisions of the Town Law is hereby
continued, each member to serve for the term of office to which he
was appointed.
(3)
The Planning Board, consistent with applicable provisions
of law, shall determine its own rules of conduct and procedure.
B.
Powers and duties of Planning Board. The Planning
Board shall perform the duties and functions required by the provisions
of this chapter and other local laws, ordinances and regulations,
of the Town of Fenton, the Town Law, the General Municipal Law and
as otherwise assigned to it by the Town Board pursuant to § 271
of the Town Law.
[Amended 6-4-1997 by L.L. No. 2-1997]
A.
Site plan approval.
(1)
No building or use permit for an improvement or use
subject to the provisions of this section, or for any improvement
or use in connection with a commercial enterprise, shall be issued,
except upon the approval of the Planning Board. The applicant shall
submit to the Planning Board an application and site plan for the
subject premises, drawn to a scale of not less than one inch to 100
feet, containing the following information:
[Amended 9-8-1999 by L.L. No. 2-1999]
(a)
The use, location and dimensions of proposed
buildings and open spaces, including yards.
(b)
The proposed streets and other vehicular circulation
facilities, including the location and widths of driveways on the
site and access to existing and prospective highways.
(c)
The amount, location and dimensions of off-street
parking and loading areas and access thereto.
(d)
The location and arrangement of landscaping
in transitional areas.
(e)
A storm drainage plan showing how surface water
will be collected and discharged from the site and the effect on adjacent
properties.
(f)
The location of public sewer and water supply
facilities.
(2)
The Planning Board shall review the application and
site plan, together with such other facts as shall be properly in
evidence before it, and it may either reject or approve the application
and site plan, subject to any conditions necessary to meet the following
objectives and any other objectives required for a particular improvement
or use by another subsection of this section:
(a)
The proposed improvements and use, considering
the nature and intensity of operations involved in connection with
it, will be appropriate in the proposed location and will have no
material adverse effect on existing or prospective development permitted
in the district or in any adjoining district.
(b)
The lot on which the proposed improvements or
use is to be located is adequate in size.
(c)
The potential generation of traffic by the proposed
development and use will be within the reasonable capacity of the
existing streets providing access to the lot, including streets contracted
for by appropriate government agencies.
(d)
The proposed use will be provided with adequate,
properly located off-street parking, regardless of the minimum requirements
of this chapter. Parking areas will be properly screened from any
adjoining residential lots, and entrance and exit drives will be so
located as to minimize traffic hazards.
(e)
A licensed professional engineer shall have
rendered a written opinion that the plans for storm drainage and connections
to public sewer and water facilities, if any, are adequate.
(3)
Building permits shall be issued only pursuant to
an approved site plan.
(4)
An application for amendment of an approved site plan
shall be processed without payment of an additional fee, provided
that construction shall not have been commenced pursuant to the original
approval.
B.
Electrical distribution substations and other public
utility structures. Electrical distribution substations and other
public utility structures shall be permitted in any district under
the following additional conditions:
(1)
Unless housed in a completely enclosed structure,
the facility shall be enclosed by a fence sufficient to protect the
installation.
(2)
Landscaping shall be provided appropriate to the district
in which such facility is located.
(3)
The facility shall not include business offices, storage
areas or structures involving traffic movements.
C.
Commercial outdoor recreational uses.
(1)
Commercial outdoor recreational uses shall be permitted
in districts under the following additional conditions:
(a)
The applicant shall demonstrate that such activities
will not be detrimental to the neighborhood taking into consideration
the physical relationship of the proposed use to the surrounding structures,
the probable hours of operation and social activities to be conducted
on the premises.
(b)
No clubhouse or building customarily incidental
to the outdoor recreation use principal shall be located closer than
200 feet to any lot line other than a street line.
(c)
Adequate parking spaces shall be provided.
(2)
Racing facilities for animals and power driven vehicles
are prohibited.
D.
Drive-in theaters. Drive-in theaters shall be permitted
under the following additional conditions:
(1)
No such facility shall have a direct entrance or exit
to a state, county or Town highway, except as authorized by the appropriate
agency of government concerned.
(2)
Each facility use shall provide automobile parking
or standing space between the ticket gate and highway for not less
than 20 automobiles.
(3)
No structure on the premises, other than a fence,
shall be located within 50 feet of any boundary line.
(4)
The screen shall be located not less than 100 feet
from every highway and every residence district boundary and shall
be so located or shielded as not to be visible from any point on a
public highway.
E.
Commercial radio and television transmission or receiving
tower and facilities.
(1)
Commercial radio and television transmission or receiving
towers and facilities shall be permitted under the following additional
conditions:
(2)
The provisions of Subsection B of this section shall also be complied with to the extent applicable.[1]
[1]
Editor's Note: Former § 30.67F,
regulating quarries, sandpit, gravel pits and topsoil stripping, which
immediately followed this subsection, as amended 11-7-1984 by L.L.
No. 1-1984, was repealed 8-2-1989 by L.L. No. 7-1989.
G.
Gasoline service stations. Gasoline service stations
for the sale of fuel, lubricants and services, including washing and
lubricating of vehicles, radiator cleaning and flushing, tire repair
and servicing, battery repair and servicing, replacement of tailpipes
and mufflers and similar services, shall be permitted under the following
additional conditions:
(1)
A gasoline service station lot shall not be located
within 250 feet from any lot or parcel occupied by a school, as measured
along the shortest line between points on each lot.
(2)
Fuel pumps shall be located at least 20 feet from
every highway.
(3)
All storage tanks shall be located at least 35 feet
from every street or lot line, except underground gasoline storage
tanks shall be permitted at least 20 feet from every highway or lot
line.
(4)
No gasoline service station shall be located on any
lot having an area of less than 10,000 square feet and street frontage
of less than 100 feet on each street upon which it abuts.
(5)
The parking of trucks as an accessory use shall not
be permitted, except those used exclusively for the conduct of the
gasoline service station business.
H.
Animal hospitals and kennels. Animal hospitals and
commercial kennels shall be permitted under the following additional
conditions:
(1)
Adequate off-street parking spaces shall be provided
to serve persons employed on the premises and the visiting public.
(2)
Unenclosed kennels or fenced exercise yards for small
animals (dogs, cats, etc.) shall be located at least 20 feet from
any property line.
(3)
Suitable provisions shall be made to preserve the
peace in the adjacent neighborhood.
I.
Accessory buildings for the storage of commercial
vehicles shall be permitted under the following additional conditions:
[Added 7-1-1992 by L.L. No. 2-1992]
(1)
Submission of satisfactory evidence to the Planning
Board that the proposed structure will not create or impose any negative,
physical or aesthetic impact in the neighborhood.
(2)
No business office shall be maintained in the accessory
building or the lot on which it is located.
(3)
No business signage shall be permitted on the accessory
building.
(4)
No employee may perform work-related activities within
the building. No business or sales representatives may call at the
storage facility for the purpose of conducting business.
(5)
No more than two commercial vehicles, exclusive of
accessory equipment, may be stored in the accessory building.
(6)
Natural or artificial buffers shall be provided to
reduce the structure's impact on the neighborhood. The buffers will
be subject to the Planning Board's approval.
(7)
The applicant must agree to impose a deed restriction
to be recorded in the Broome County Clerk's Office which limits the
use of the proposed storage building for the specific and sole purpose
of garaging the applicant's commercial-type vehicle. This deed restriction
shall be binding on any future owner of this property. All expenses
for compliance with this provision shall be the responsibility of
the applicant. The Building Inspector shall supply the appropriate
format for the deed restriction.
(8)
The Building Inspector shall certify that all conditions
of this subsection have been met before the occupancy permit shall
be issued. Failure to comply with these provisions shall result in
a fine of $100 per day until such conditions are corrected. Failure
to receive an occupancy permit shall result in the removal of the
structure from the premises at the applicant's expense. It is agreed
by the applicant that if he or she fails to comply with these conditions,
the Town of Fenton may remove the structure and the applicant will
be billed for this removal on the next Town tax billing period.
J.
In addition to the requirements of § 150-47A, in order for storage buildings to qualify as permitted uses rather than accessory uses, such buildings must:
[Added 4-16-2003 by L.L. No. 2-2003]
(1)
Be built on site and attached permanently to the ground.
Structures such as truck bodies, trailers, intact, gutted, or modified
mobile homes, buses, and similar structures shall not qualify as permitted
storage buildings.
(2)
Be covered with siding in a manner satisfactory to
the Planning Board.
(3)
Be shingled or otherwise roofed as required by the
Planning Board.
(4)
Be sealed from the weather with windows and doors.
(5)
Be constructed at a location within the applicant’s
parcel deemed suitable by the Planning Board, giving due regard to
the location of dwelling units and other structures on adjoining parcels.
K.
Stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 121, Stormwater Management, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 121-6 through 121-9. The approved site plan shall be consistent with the provisions of Chapter 121.
[Added 3-7-2007 by L.L. No. 2-2007]
[Added 2-6-2019 by L.L.
No. 2-2019]
A.
Statutory authority. This section is enacted pursuant to § 274-b
of the New York Town Law and the New York Municipal Home Rule Law.
B.
Definition of special use permit. As used in this section the term "special use permit" shall mean an authorization of a particular land use which is permitted in this Chapter 150 of the Town of Fenton Town Code (the "zoning law"), subject to requirements imposed by the zoning law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met.
C.
Approval of special use permits. The Town Board of the Town of Fenton
is hereby designated as the entity with the authority to grant special
use permits as set forth herein. The Town Board may deny any application
for a special use permit, even when the use applied for is otherwise
allowed by the zoning law, if the Town Board concludes, in its sole
judgment, that the use applied for will materially and adversely affect
the health, welfare, or safety of Town residents, taking into account
the nature of the proposed use and the surrounding vicinity, and that
any such effects cannot be adequately mitigated by the imposition
of conditions. The intention of this provision is to grant to the
Town Board the full extent of its power to deny applications for special
use permits in accordance with New York law.
D.
Prior to acting upon an application for a special use permit, the
Town Board shall refer the application to the Town of Fenton Planning
Board for review. The Planning Board may, but is not required to,
hold a public hearing in connection with its review. Following its
review, the Planning Board shall make its recommendation to Town Board
as to whether the permit should be granted or denied. If the Planning
Board recommends that the application be granted, it shall include
in its recommendation any conditions upon the granting of the special
permit that it deems appropriate. The Town Board, in acting upon the
application following the receipt of the Planning Board's recommendation,
may accept or reject the Planning Board's recommendation, in whole
or in part.
E.
Applications for special use permits. Applications for special use
permits shall include at least the following information:
(1)
A description of the anticipated traffic resulting from the
development, including:
(a)
Anticipated volume, initially and in the future.
(b)
The type of traffic (e.g., passenger vehicles, trucks by class,
etc.).
(c)
Truck traffic noise levels.
(d)
Queuing and idling of trucks.
(e)
Anticipated traffic patterns.
(f)
Anticipated areas of ingress and egress.
(g)
Anticipated hours of traffic.
(h)
Hours of operations.
(i)
Numbers and hours of work shifts.
(j)
Onsite vehicle repair.
(k)
Fueling stations.
(l)
Truck weights.
(m)
Ingress and egress to parking and loading areas.
(n)
Rail transport and rail access needs, if applicable.
(o)
Parking and loading needs.
(2)
Hours of operation.
(3)
Numbers and hours of work shifts.
(4)
Signage.
(6)
Employment estimates, initially and in the future.
(7)
Descriptions of materials to be used and/or handled on the site.
(8)
Description of any assembly or other special processes to be
performed on site.
(9)
Description of any chemicals to be used or stored on site.
(10)
Planned property improvements.
(11)
Nature of the business.
(12)
Exterior lighting and its impact on the surrounding areas.
(13)
Waste to be generated by the operation, including its type and
potentially hazardous nature and proposed methods of storage and handling
and methods of disposal.
(14)
Site security, including but not limited to fencing, surveillance
cameras, and motion detection.
(15)
Interior and exterior storage, including containment when deemed
appropriate or required.
(16)
Dust.
(17)
Odors.
(18)
Other emissions, including diesel emissions from vehicles and
support equipment.
(19)
Heights of buildings and structures.
(20)
Historic and archaeological resources, as applicable.
(21)
Future expansion plans.
(22)
SEQRA documents.
(23)
Drainage.
(24)
SWPPP, as applicable.
(25)
Traffic study, as applicable.
(26)
Visual impact study, as applicable.
(27)
General site plan, including but not limited to the special flood hazard area, wetlands, aquifer protection district, major vegetation, drainage, grading and contours, abutting properties and streets, rights-of-way, easements, vehicular and pedestrian ingress and egress, internal circulation, ground cover, parking, loading, existing and proposed buildings, outdoor storage, dimensions, lighting, utilities, landscaping, buffering, fencing, and signage. In addition to the foregoing, the applicant shall also comply with any applicable requirements of § 150-47.1 of the Town Code.
(28)
Any other information as directed by the Town Board.
F.
Application for area variance. Notwithstanding any provision of law
to the contrary, 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 Town Law § 267-b, without the necessity
of a decision or determination of an administrative official charged
with the enforcement of the zoning regulations.
G.
Conditions attached to the issuance of special use permits. The Town
Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed special use permit, including but not limited to hours of
operation, ingress and egress points, hours of truck access, noise,
outdoor storage, onsite vehicle repair and service, off-street parking
and loading, including loading doors and docks in relation to residences
and other sensitive receptors, queuing and idling of vehicles, fueling
stations, landscaping, buffering, and screening from less intensive
uses and residences and other sensitive receptors, signage, hours
of operation, level of truck traffic, reimbursement to the Town for
the cost of any necessary road maintenance or upgrades resulting from
the operation, and similar conditions, giving due regard to the nature
of the property to be subject to the special use permit and the surrounding
area. Upon its granting of said special use permit, any such conditions
must be met in connection with the issuance of permits by applicable
enforcement agents or officers of the Town.
H.
Public hearing and decision on special use permits. The Town Board
shall conduct a public hearing within 62 days from the day an application
is received on any matter referred to it under this section. Public
notice of said hearing shall be printed in a newspaper of general
circulation in the town at least 10 days prior to the date thereof.
The Town Board shall decide upon the application within 62 days after
the hearing. The time within which the authorized board must render
its decision may be extended by mutual consent of the applicant and
the Town Board. The decision of the authorized board on the application
after the holding of the public hearing shall be filed in the office
of the Town Clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant.
I.
Notice to applicant and county planning board or agency or regional
planning council. At least 10 days before such hearing, the Town Board
shall mail notices thereof to the applicant and to the Broome County
Department of Planning and Economic Development as required by New
York General Municipal Law § 239-m, which notice shall be
accompanied by a full statement of such proposed action, as defined
in General Municipal Law § 239-m(1).
J.
If the Town Board grants the special use permit, it shall establish
appropriate yard and area requirements, height restrictions, and off-street
parking requirements, giving due regard for the nature of the proposed
use, the surrounding neighborhood, and such requirements for similar
uses in other zoning districts.
K.
Compliance with State Environmental Quality Review Act. The Town
Board shall comply with the provisions of the State Environmental
Quality Review Act under Article Eight of the Environmental Conservation
Law and its implementing regulations.
L.
Court review. Any person aggrieved by a decision of the Town Board
may apply to the Supreme Court for review by a proceeding under New
York Civil Practice Law and Rules, Article 78. Such proceedings shall
be instituted within 30 days after the filing of a decision by the
Town Board in the office of the Town Clerk. The Court may take evidence
or appoint a referee to take such evidence as it may direct, and report
the same, with findings of fact and conclusions of law, if it shall
appear that testimony is necessary for the proper disposition of the
matter. The Court shall itself dispose of the matter on the merits,
determining all questions which may be presented for determination.
M.
Costs. Costs shall not be allowed against the Town Board in any such
proceeding unless it shall appear to the Court that the Town Board
acted with gross negligence, in bad faith, or with malice in making
the decision appealed from.
[Added 12-3-1987 by L.L. No. 1-1987]
A.
Temporary special use permits allowing use of property
other than as authorized by this chapter may be granted by the Town
Planning Board under the following conditions:
(1)
The application shall be for temporary use of property
in connection with construction of a highway or other public improvement
located within the Town. Such temporary uses may include, among others:
work area or staging area for parking and repair of equipment and
vehicles, lodging of employees involved in the project and offices.
(2)
It must appear to the Planning Board that the proposed
use of property is reasonably necessary to efficiently carry out a
highway construction or other public works project.
(3)
The Planning Board shall determine that granting of
the permit will not have a material adverse effect on the neighborhood
in which the subject premises are located.
(4)
Duration of the permit shall be limited to the reasonably
anticipated time necessary to complete the project plus six months,
but in no event longer than four years.
(5)
The special use permit shall not be subject to renewal.
(6)
The special use permit shall be issued on condition
that the subject premises be returned to the same or better condition
prior to its expiration.
(7)
The Planning Board may impose such other conditions
on the issuance of a special use permit as it may determine to be
necessary to protect adjoining property from adverse consequences
of the proposed use of the subject premises.
B.
In its discretion, the Planning Board may require
as a condition for its issuance of a special use permit that the applicant
provide a satisfactory surety bond as security for his/its obligations
under the special use permit.
Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint,
in form approved by the Building Inspector. If such complaint shall
state facts sufficient to show a violation of this chapter, the Building
Inspector shall immediately investigate the same and report his findings
to the Town Attorney and Town Board.
