A.
In addition to those other powers and duties assigned
to it by law, the Planning Commission is hereby empowered to perform
the following functions:
(1)
Issue special permits for those uses specifically listed as requiring such a permit in accord with the provisions of § 210-58 below.
(2)
Review the site development plan for those uses requiring such review in accord with § 210-59 below.
(3)
Review and submit advisory opinions concerning applications
for variances and amendments to the zoning regulations, as required
by this chapter.
B.
All resolutions or official actions of the Planning
Commission shall require the concurring vote of a majority of the
Commission.
Pursuant to an application, either directly
or through the Building Inspector, the Planning Commission is hereby
authorized to issue a special permit only for a use specifically listed
as requiring such permit in the district in which it is proposed,
subject to the following regulations and procedures:
A.
Application. Each application for a special permit
shall be submitted in duplicate on a form prescribed by the Commission,
accompanied by a fee in accord with a schedule adopted by the Village
Board, and shall include the following data. The Planning Commission,
at the request of the applicant, may waive such information as it
deems not relevant to its review or which would cause unusual hardship
to obtain. All maps shall be at a scale of not less than 50 feet to
the inch.
(1)
Basic data:
(a)
Legal data:
[1]
The names of all owners of record of the property
in question and of all adjacent property and the lot, block and section
number of such properties as shown on the Official Village Assessment
Maps.
[2]
Existing zoning and special district boundaries.
[3]
Boundaries of the property, building or setback
lines, if different from those required in this chapter, and lines
of existing streets and lots as shown on the Official Assessment Maps.
Reservations, easements and areas dedicated to public use shall also
be shown.
(b)
Existing buildings. A drawing showing the location
of existing buildings on the site and on adjacent property if within
50 feet of the property line.
(c)
Development data.
[1]
Title of development, date, North point, scale,
name and address of record owner, engineer, architect, land planner
or surveyor preparing the plan.
[2]
The proposed use or uses of land and buildings
and proposed location of buildings.
[3]
All means of vehicular ingress and egress to
and from the site onto public streets.
[4]
The location and design of any off-street parking
areas or loading areas.
[5]
The location of all proposed water lines, valves
and hydrants and of all sewer lines or alternative means of water
supply and sewage disposal and treatment.
[6]
The proposed location, direction, power and
hours of operation of proposed outdoor lighting.
[7]
The proposed screening and landscaping plan.
[8]
Proposed stormwater drainage system.
(2)
Additional data which may be required. Where, due
to special conditions peculiar to a site, or the size, nature or complexity
of the proposed use or development of land or buildings, the Planning
Commission finds that all or portions of the additional data listed
below are necessary for proper review of the application, it may require
any or all of the data below to be included in the required submission.
(d)
Development data: All proposed lots, easements,
and public and recreation areas; all proposed streets with profiles
indicating grading and cross-sections showing width of roadway, location
and width of sidewalk, and location and size of utility lines. All
lengths shall be in feet and decimals of a foot, and all angles shall
be given to the nearest 10 seconds or closer if deemed necessary to
the surveyor.
B.
Public notice and hearing.
(1)
Public hearing schedule. The Planning Commission shall
schedule a public hearing to be held within 62 days of receipt of
a complete application for a special permit.
[Amended 6-16-2003 by L.L. No. 2-2003]
(2)
Hearing notice. Notice of the public hearing shall
be published in the official newspaper of the Village at least seven
days prior to the date of such hearing. In addition, the Village Clerk
shall mail notice of such hearing to all property owners within 200
feet of the subject property at least seven days prior to the public
hearing. Such notices shall be sent to the owner's last known address
as shown on the most recent Village tax records.
(3)
Referral to County Planning Board. Any application for special permit involving real property lying within 500 feet of any of the features listed under § 210-63B(1) shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-l and 239-m of the General Municipal Law.
C.
Decision and findings.
(1)
Criteria for decisions. The Planning Commission shall
only approve the issuance of a special permit if it finds that the
following criteria have been met:
(a)
That all proposed structures, equipment, or
material shall be readily accessible for fire and police protection
and shall be adequately served by sewer and water facilities and recreation
facilities.
(b)
That the proposed use is 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.
(c)
That, in addition to the above, in the case
of any use located in, or directly adjacent to, a residential district:
[1]
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, or incongruous with, the said residential
district or conflict with the normal traffic of the neighborhood.
[2]
The location and height of buildings, the location,
nature, and height of walls and fences, and the nature and extent
of screening and 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 or diminish the value thereof.
(2)
Findings and conclusions.
(a)
Within 62 days after the public hearing, the
Planning Commission shall render its decision as to whether to issue
the special permit and shall make a written report setting forth its
findings and conclusions and the basis for its decision.
[Amended 6-16-2003 by L.L. No. 2-2003]
(b)
The decision of the Commission shall be filed
immediately with the Village Clerk and a copy thereof mailed to the
applicant.
D.
Additional conditions. When issuing a special permit,
the Planning Commission may attach such conditions and safeguards
as it deems necessary to further the intent of these regulations and
to protect the public interest. Such conditions may include a requirement
that the special permit be periodically renewed. Such renewal shall
only be withheld, following due public notice and hearings, upon a
determination that the applicant has not complied with the provisions
of the original application or with any conditions prescribed by the
Commission in conjunction with approval of such application. In such
case, the applicant shall be granted a period of 62 days within which
to achieve full compliance with all conditions prior to revocation
of the special permit.
[Amended 6-16-2003 by L.L. No. 2-2003]
E.
Compliance with State Environmental Quality Review
Act. The authorized board shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
A.
Uses requiring site plan approval.
(1)
No building permit shall be issued for the following
categories of use or building prior to the review and approval of
a site development plan by the Planning Commission in accord with
the provisions of this section:
(a)
Any new residential building containing more
than three dwelling units;
(b)
Any new nonresidential structure or addition
thereto in excess of 500 square feet;
(c)
Any structure or use which requires or proposes
to provide more than 15 off-street parking spaces;
(d)
Any use requiring a special permit.
(2)
In all cases where any amendment of any such plan
is proposed, the applicant must also secure the approval of the amendment
by the Planning Commission. No certificate of occupancy shall be issued
for any building or use of land within the purview of this section
unless the building is constructed or used, or the land is developed
or used, in conformity with an approved site plan; or an amendment
of any such plan.
B.
Objectives of site plan review. In reviewing site
plans, consideration shall be given to the public health, safety,
and welfare; the comfort and convenience of the public in general,
or the residents or users of the proposed development and of the immediate
neighborhood in particular; and the accomplishment of the following
objectives in particular:
(2)
That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment,
and visibility; not located too near street corners or other places
of public assembly; and other similar safety considerations.
(3)
That off-street parking and loading spaces are designed
to prevent obstruction in public streets, and that the interior circulation
system is adequate to provide safe accessibility to all required off-street
parking lots, loading bays and building services.
(4)
That all playground, parking, and service areas are
adequate in size and reasonably screened at all seasons of the year
from the view of adjacent residential lots and streets and that the
general landscaping of the site is such as to enhance the character
of the Village and is in character with that generally prevailing
in the neighborhood.
(5)
That all existing trees over eight inches in diameter,
measured three feet above the base of the trunk, shall be retained
to the maximum extent possible.
(6)
That all plazas and other paved areas intended for
use by pedestrians are designed to use decorative pavements and plant
materials so as to prevent the creation of vast expanses of pavement.
(7)
That all outdoor lighting is of such nature and so
arranged as to preclude the diffusion of glare onto adjoining properties
and streets.
(8)
That the drainage system and the internal water and
sewer systems are adequate and that all connections to Village systems
are in accordance with Village standards.
(9)
That the site plan and building design accommodate
the needs of the handicapped and are in conformance with state standards
for construction concerning the handicapped.
(10)
That the site plan and building design consider
the conservation of energy.
C.
Procedure.
(1)
Presubmission. Prior to the submission of a formal
site plan, the applicant shall meet in person with the Planning Commission,
and/or its designated representative, to discuss the proposed site
plan in order to determine which of the subsequent requirements may
be necessary in developing and submitting the required site plan.
(2)
Within six months following the presubmission conference,
the site plan and any related information shall be submitted to the
Building Inspector in as many copies, not to exceed 10, as may be
agreed during the presubmission conference. The site plan shall be
accompanied by a fee in accordance with the schedule of fees of the
Village of Saugerties. If not submitted within this six-month period,
another presubmission conference may be required.
(3)
The Building Inspector shall certify on each original
or amended site plan whether or not the application is complete; whether
the plan meets the requirements of all the provisions of this chapter
other than those of this section regarding site plan review. He shall
act to certify the application or return it to the applicant for completion
or revision within 30 calendar days of submission by the applicant.
(4)
Following such certification, the application shall
be forwarded to the Planning Commission at least 10 days prior to
its next regular meeting which shall be considered the official submission
date.
(5)
Simultaneously with its submission to the Planning
Commission the certified application shall be forwarded to the Chief
of Police, Fire Chief, Director of Public Works, and where required,
to the County Planning Board, County Highway Department, and any other
agency that the Building Inspector deems appropriate.
(6)
The Planning Board may hold a public hearing on the
site plan if it determines that the matter is of wide public interest.
If such a hearing is held, the provisions relating to public notice
as required for a special permit shall be followed.
(7)
Action.
(a)
The Planning Commission shall act to approve,
disapprove or approve with conditions any such site plan within 62
days after the public hearing or, if no hearing is held, within 62
days of the official submission date. Conditional approval by the
Planning Commission shall include written findings upon any site plan
element found contrary to the provision or intent of this chapter.
In reviewing the application, the Planning Commission shall consider
whether a proposed plan will conform to the intent and requirements
of this chapter and/or what revisions are appropriate.
[Amended 6-16-2003 by L.L. No. 2-2003]
(b)
All conditions must be satisfied prior to issuance
of a building permit.
(8)
Amendments to a previously approved site plan shall
be acted upon in the same manner as the original site plan.
D.
Time limit on validity of approval. Approval of a
site plan by the Planning Commission shall be valid for a period of
180 days from the date thereof for the purpose of obtaining a building
permit. Failure to secure a building permit during this period shall
cause the site plan approval to become null and void. Upon application,
the Planning Board may extend the time limit on the validity of the
approval to not more than two years from the date of original approval.
E.
Required submissions. The data set forth in § 210-58A, special permits, shall be submitted in support of a request for site plan approval in accord with the provisions therein.
F.
Compliance with State Environmental Quality Review
Act. The authorized board shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
The Planning Commission shall review all applications
for variances submitted to the Board of Appeals and all proposed amendments
to the text or map of this chapter being considered by the Village
Board of Trustees referred to it in accord with the provisions of
this chapter. The Commission shall have 30 days prior to the public
hearing in which to prepare and submit its advisory opinion. Failure
to submit an opinion within 30 days shall be deemed to be approval
of the proposed action.
Pursuant to the provisions of Subsection 5 of
§§ 7-725-a and 7-725-b of the Village Law of the State
of New York, the Planning Commission is hereby authorized and empowered
to waive any requirements for the approval, approval with modifications
or disapproval of applications for special use permits and/or site
plans in the event any such requirements are found by the Planning
Commission not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular site plan.
The grant of such waivers shall be subject to the imposition of appropriate
and reasonable conditions directly related to the grant thereof and
which are deemed necessary to eliminate or mitigate any identified
adverse effects or undesirable consequences that may result from such
grant. Such conditions may include, but shall not be limited to, restrictions
on the nature, density, size and intensity of a particular use, conditions
relating to traffic congestion and safety, access, screening, landscaping,
the location and dimensions of structures, and the protection of adjacent
land use and physical features meant to protect adjacent land uses.
