All provisions of this Part 1 relating to the
Planning Board shall be strictly construed; the Board, as a body of
limited jurisdiction, shall act in full conformity with all provisions
of law and of this Part 1 and in strict compliance with all limitations
contained herein; provided, however, that if the procedural requirements
set forth in this Part 1 have been substantially observed, no applicant
or appellant shall be deprived of the right to appeal.
[Added 5-20-1986 by L.L. No. 1-1986; amended 2-2-1988 by L.L. No. 1-1988; 9-6-1988 by L.L. No. 4-1988; 5-4-1993 by L.L. No. 6-1993]
A. There shall be a Planning Board of five members. The
Town Board shall appoint members, shall designate a Chairman and may
remove any member of the Planning Board for cause after public hearing.
The members of the Board shall be appointed for terms of five years.
If a vacancy shall occur otherwise than by expiration of the term,
it shall be filled by the Town Board by appointment for the unexpired
term.
B. Meetings shall be held at the call of the Chairman
or at other times as the Planning Board may determine. A quorum shall
consist of three members. The Board shall keep minutes of its proceedings
showing the vote of each member upon each question and shall keep
records of its examinations and other official actions. Minutes and
determinations of the Planning Board shall be filed with the Town
Board.
[Amended 10-21-2003 by L.L. No. 7-2003; 6-7-2005 by L.L. No. 1-2005]
A. Intent. In all cases where this chapter requires special
permit uses and/or plan approval by the Planning Board, no building
permit shall be issued by the officers and employees of the Building
Department except upon approval of and in conformity with the plans
approved by the Planning Board.
(1) In instances where the building exists, the site is
in conformity with a previously approved site plan and a change of
occupancy is occurring without exterior structural changes to the
building, the following procedures shall be followed:
(a)
If the new use is of the same type and intensity
(i.e., office to retail, sit-down restaurant to fast-food restaurant,
etc.), the new occupant shall appear before the Planning Board to
determine if a revised site plan approval will be required prior to
the issuance of a building permit and/or certificate of occupancy.
(2) In instances where the building exists, the site is
not in conformity with the previously approved site plan and a change
of occupancy is occurring without exterior structural changes to the
building, a revised site plan approval will be required prior to the
issuance of a building permit and/or certificate of occupancy.
(3) In instances where the building exists, a change occupancy
is occurring and exterior structural changes will be made to the building,
a revised site plan approval shall be required prior to the issuance
of a building permit and/or certificate of occupancy.
(4) In instances where the building exists, no change
of occupancy is occurring and exterior structural changes will be
made to the building, the occupant shall appear before the Planning
Board to determine if a revised site plan approval will be required
prior to the issuance of a building permit and/or certificate of occupancy.
B. Objectives. In considering and acting upon site plans,
the Planning Board shall take into consideration the public health,
safety and welfare and the comfort and convenience of the public in
general and the residents of the immediate neighborhood in particular.
The Board may prescribe appropriate conditions and safeguards as may
be required in order that the result of its action may, to the maximum
extent possible, further the expressed intent of this chapter and
also the accomplishment of the following objectives in particular:
(1) Traffic access: that all proposed traffic accesses
are adequate but not excessive in number; adequate in width, grade,
alignment and visibility; not located too near street intersections
or other places of public assembly; and other similar safety considerations.
(2) Circulation and parking: that adequate off-street
parking and loading spaces are provided to prevent parking in public
streets of vehicles of any person connected with or visiting the use;
also that the interior circulation system is adequate to provide safe
accessibility into and within the site.
(3) Landscaping and screening: that all playgrounds, parking
and service areas are reasonably screened during all seasons of the
year from the view of adjacent residential lots and streets; also
that the general landscaping of the site is in harmony with that generally
existing in the neighborhood. Existing trees over 12 inches in diameter,
measured three feet above the base of the trunk, shall be retained
to the maximum extent possible.
(4) Fire and police protection. All proposed structures,
equipment or material shall be readily accessible for fire and police
protection.
(5) Harmony. 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.
(6) Uses in or adjacent to residence district. In addition
to the above, in the case of any use located in or directly adjacent
to a residential district:
(a)
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, said residential
district or conflict with the normal traffic of the neighborhood.
(b)
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 or impair the value thereof.
C. Effects of site development plan approval.
(1) No building permit shall be issued for any structure covered by §
250-60 and this section until an approved site plan has been secured by the applicant from the Planning Board and presented to the officers and employees of the Building Department.
(2) No certificate of occupancy (CO) will be issued for any structure or use covered by §
250-60 and this section unless the structure and appropriate appurtenances have been developed in total compliance with the approved site plan and §
250-52 has been complied with.
D. Procedure for action upon site development plans.
(1) Sketch plan conference. Prior to the formal submission of a site development plan, the applicant shall meet with the Planning Board. The purpose of such a conference shall be to discuss the proposed uses and/or development in order to determine which of the elements listed in Subsection
E shall be submitted to the Planning Board so that the Board may act upon the proposal.
(2) Within six months following the sketch plan conference,
six copies of the site plan and any related information deemed necessary
shall be submitted to the Planning Board at least 15 days prior to
a regularly scheduled meeting. If said site plan is not submitted
within the prescribed six-month period, a new sketch plan conference
shall be required.
(3) The Planning Board shall act to approve, disapprove
or approve with modifications said site plan within 62 days after
the meeting at which approval is requested.
(a)
Failure to act within the prescribed sixty-two-day
period shall be deemed an approval.
(b)
On all site plans which the Planning Board deems
large in scope and importance (i.e., apartment projects, condominium
projects, shopping centers, etc.) the sixty-two-day time period shall
not be utilized; instead, the following procedures shall be utilized:
[1]
The sketch plan conference as outlined in Subsection
D(1) shall remain the same.
[2]
Within six months following the sketch plan
conference, six copies of the preliminary site plan and any related
information deemed necessary shall be submitted to the Planning Board
at least 15 days prior to a regularly scheduled meeting. If said site
plan is not submitted within the prescribed six-month period, a new
sketch plan conference shall be required.
[3]
If the preliminary site plan is located within
500 feet of a municipal boundary, boundary of an existing or proposed
county or state park or other recreation area, a right-of-way of any
existing or proposed county or state parkway, thruway, expressway,
road or highway, or any other county or state-owned land, the site
plan shall be forwarded to the Sullivan County Planning Department
for review and action. If the site will involve access on any county
or state roads, a copy of the preliminary site plan shall be forwarded
to the Sullivan County Department of Public Works and/or Regional
Office of the New York State Department of Transportation for their
approval.
[4]
The Planning Board must hold a public hearing
on the preliminary site plan within 62 days after the receipt of such
site plan.
[a] The hearing must be advertised
at least once in a newspaper of general circulation in the Town at
least 10 days before it is held and by posting notice thereof by certified
mail to the owners of property within 300 feet of the proposed property.
[b] Said public hearing shall be the hearing called for in §
250-60D(3) concerning the authorization.
[5]
The Planning Board shall act to approve, approve
with modifications or disapprove the preliminary site plan within
62 days after the public hearing.
[a] Approval of preliminary site plan
shall not in any way constitute an approval of the final site plan,
but rather it shall be deemed an expression of basic design approval
and as a guide to the preparation of the final site plan.
[b] In the event that the Planning
Board fails to act on a preliminary plan within the time noted, the
site plan shall be deemed granted preliminary approval.
[6]
The approval of the preliminary site plan shall
expire six months after the date of such formal action.
[a] No further Planning Board action
shall be taken after such expiration until a new application and filing
fee are submitted.
[b] An extension of the preliminary
approval time may be granted in cases of proven hardship upon petition
to the Planning Board if the application in question is in total compliance
with all current zoning laws.
[7]
Within six months following the approval of the preliminary site plan, the applicant shall submit six copies of his final site plan. If the site plan is not submitted within the prescribed six-month period, the Planning Board shall refuse to act on the final site plan and shall require a submission starting with Subsection
D(3)(b)[3].
[8]
The officers and employees of the Building Department
and/or Town Engineer shall prepare and submit the performance bond
estimate.
[9]
A second public hearing may be held at the discretion
of the Planning Board, within 62 days after the submission of the
final site plan.
[a] Such public hearing may be held
if the Board feels that the final site plan is different enough from
the preliminary site plan to warrant further public input.
[b] In the event that such public hearing
is held, the advertising of the notice and the notification by mail
shall be identical to that of the public hearing on the preliminary
site plan.
[10] The Planning Board shall, within
62 days after the public hearing, if one is held, or within 45 days
after the formal submission of the final site plan if no hearing is
held, act to approve, disapprove or conditionally approve, with or
without modifications, the final site plan.
[a] The sixty-two-day time period may
be extended upon mutual consent of the developer and the Planning
Board.
[b] In the event that action is not
taken within the prescribed time period, or the extended time period,
the site plan shall be deemed approved.
[c] If the final site plan is conditionally
approved, the developer shall have six months in which to satisfy
the conditions set forth. Said time period may be extended after the
developer has petitioned the Board and proven hardship, if the application
in question is in total compliance with current zoning laws.
[11] The various information needed
at either the preliminary or final site plan state shall be determined
by the Planning Board.
(4) In accordance with §§ 239-l and 239-m,
Article 12-B, of the General Municipal Law of the State of New York,
any site plan application located within 500 feet of any municipal
boundary of any existing or proposed county or state park or other
recreation area, right-of-way of any existing or proposed county or
state parkway, thruway, expressway, road or highway or county or state-owned
land shall be forwarded to the Sullivan County Department for review
and action.
(5) Neighboring
municipality notification. Notice shall be given to an adjacent municipality
at least 10 days prior to a hearing relating to land within 500 feet
of that adjacent municipality, in accordance with General Municipal
Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(6) After the Planning Board has granted full site plan
approval to a project, it may amend said site plan in its sole discretion
upon application where the Planning Board deems said amendment be
minor in nature and in cases where structures have not already been
constructed.
E. Site development plan elements. The applicant shall
cause a site plan map to be prepared by himself or an engineer, surveyor,
architect, planner or landscape architect, each of whom must be licensed
in New York State. Site plan elements shall include those listed below
which are deemed appropriate to the proposed development as indicated
by the Planning Board at the sketch plan conference.
(1) Legal data:
(a)
Section, lot and block number taken from the
latest tax records.
(b)
Name and address of the record owner.
(c)
Name and address of the person, firm or organization
preparing the map; the pertinent license number and seal, if appropriate.
(d)
Date, North arrow and scale.
(e)
Sufficient description or information to precisely
define the boundaries of the property.
(f)
The name, location and widths of all adjacent
streets.
(g)
The names and locations of all adjoining lands
as shown on the latest tax records.
(h)
Location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjoining the property.
(i)
A complete outline of all deed restrictions
or covenants applying to the property.
(j)
Existing zoning of the property.
(k)
A location map, at the maximum scale of one
inch equals 2,000 feet, to indicate the relationship of the proposed
use to its surrounding area.
(2) Natural features:
(a)
Existing contours with intervals of five feet based on United States Geological Survey datum. On all projects which the Planning Board has deemed large in scope and importance [See §
250-50D(3)(b)], the contour interval shall be two feet based on United States Geological Survey datum.
(b)
Approximate boundaries of any areas subject
to flooding and/or ponding.
(c)
Location of existing watercourses, marshes,
wooded areas, rock outcrops, isolated trees with a diameter of 12
inches or more measured three feet above the ground, and any other
existing features deemed appropriate.
(3) Existing structures and utilities:
(a)
Location of all existing structures and uses
on the site or within 130 feet of its property line.
(b)
Location of all paved areas, sidewalks and curb
cuts on the site.
(c)
Location, size, type, gradient and flow direction
of all existing culverts, sewers and waterlines.
(d)
Location of all existing utility services serving
the site.
(e)
Other existing development, such as fences,
landscaping, screening, etc.
(4) Proposed development:
(a)
The location and size of all proposed buildings
or structural improvements; proposed first-floor elevations of all
buildings.
(b)
The location and design of all uses not requiring
structures, such as off-street parking and loading areas.
(c)
The location and size of all outdoor signs.
(d)
The location, direction, power and duration
of use for any proposed outdoor lighting or public address system.
(e)
The location and arrangement of all proposed
means of ingress and egress, sidewalks and other paved areas; plans
and profiles indicating the grading and cross-sectional makeup of
the above.
(f)
The location of all proposed waterlines, valves
and hydrants or wells.
(g)
The location of all proposed sewer lines or
other means of sewage disposal and treatment.
(h)
Any proposed grading, screening and other landscaping,
including types and locations.
(i)
An outline of any proposed deed restrictions
or covenants.
(j)
Size, type and location of any contemplated
improvements on adjoining property.
(k)
If the site plan only addresses a first stage
of development, a supplementary plan shall indicate ultimate development.
(5) Any other information deemed necessary by the Planning
Board to determine conformity of the site plan with the intent and
spirit of this chapter.
[Added 6-7-2005 by L.L. No. 1-2005]
A. Each decision of the Planning Board shall be recorded
in accordance with the standard forms adopted by the Board and shall
fully set forth the circumstances of the case. They also shall contain
a complete record of the findings on which the decision is based.
Copies of the above, with all substantiating documentation, shall
be filed with the Town Clerk and the officers and employees of the
Building Department.
B. Building permits for all townhouses, condominiums
and apartments shall be issued as individual permits for each unit.
C. All final and/or conditional final site plan and/or
special use permit approvals shall be valid for a period not to exceed
12 months. If the twelve-month period expires and no substantial construction
has been initiated, the approval shall be null and void.
(1) The mere issuance of a building permit shall not extend
the above-stated twelve-month period.
(2) Prior to the expiration of the twelve-month period,
the applicant may petition the Planning Board for an extension of
final approval if the application in question is in total compliance
with all current zoning laws.
D. Before the final approval can be granted on any project,
all approvals from all pertinent departments and agencies, in writing,
must be in the hands of the Chairman of the Planning Board.
E. For all lots or uses which require septic systems
and/or wells, these systems must be designed and certified by a licensed
professional engineer.
In authorizing any use, the Planning Board shall
take into consideration the public health, safety and general welfare
and the comfort and convenience of the public in general and of the
residents of the immediate neighborhood in particular and may attach
reasonable conditions and safeguards as a condition to its approval.
The Planning Board shall consider the special conditions set forth
below for any use requiring its authorization and the following general
objectives:
A. Fire and police protection. All proposed structures,
equipment or material shall be readily accessible for fire and police
protection.
B. Harmony. 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.
C. Uses in or adjacent to residence district. 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 to, or incongruous with, 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
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 impair the value thereof.
[Added 6-7-2005 by L.L. No. 1-2005]
A. Intent. It is the stated intent of the Town of Thompson
to protect the general health, safety and welfare of all its citizens.
In order to better accomplish this goal, through full compliance with
all plans approved by the Planning Board, all public and nonpublic
improvements shall be fully completed and approved by the Town prior
to a certificate of occupancy being issued.
B. Bonding.
(1)
Public improvements. A construction bond, which
shall only be in the form of cash, letter of credit, or negotiable
securities, may be delivered to the Town of Thompson. Said construction
bond shall guarantee to the Town that the owner/developer of said
parcel will faithfully cause to be constructed and completed, within
a reasonable period of time, the required public improvements on all
approved site plans and subdivisions.
(2)
Following the granting of final approval by the Planning Board, but prior to the issuance of any building permits, the owner/developer of a parcel shall follow the procedures listed either in Subsection
B(2)(a) or
(b) below:
(a)
The owner/developer shall file construction bonds, as specified in Subsection
B(1) above, with the Town Clerk.
[1] The amount of the construction
bonds shall be established by the officers and employees of the Building
Department and/or Town Engineer, based upon a detailed cost estimate
prepared by the owner's/developer's design professional.
[2] Any such construction bonds shall
be satisfactory to the Town Board and the Town Attorney as to form,
sufficiency, manner of execution and surety.
(b)
The owner/developer shall complete all the public
and nonpublic improvements to the satisfaction of the officers and
employees of the Building Department and/or Town Engineer.
(c)
The owner/developer may, upon request and approval, utilize a combination of Subsection
B(2)(a) and
(b) above (i.e., construct and have approved a portion of the public and nonpublic improvements and post-construction bond(s) for the balance of the improvements prior to the issuance of a building permit).
(3)
Bonding for nonpublic improvements shall be
necessary prior to the issuance of building permits when the nonpublic
improvements amount to over $500,000.
(4)
The required improvements shall not be considered
to have been completed until their installation has been approved
by the officers and employees of the Building Department and/or Town
Engineer.
(5)
If construction bonds have been posted, they
may only be released upon the certification of the officers and employees
of the Building Department and/or Town Engineer and the Town Attorney
that all the requirements of the bond have been satisfied.
(6)
If the Town decides at any time during the term
of the construction bond that the extent of the development that has
taken place is not sufficient to warrant all the improvements covered
by such bond, that the required improvements have been installed in
a sufficient amount to warrant a reduction in the face amount of said
bond or that the character and extent of such development requires
additional improvements, the Town may mandate an increase or decrease
in the face value of such construction bond by any appropriate amount
so that the new face value will cover the cost in full of the amended
list of improvements required by the Planning Board.
C. Inspections; as-built plans.
(1)
Routine inspections.
(a)
All improvements will be inspected by the Town
Engineer to ensure satisfactory completion. In no case shall any paving
work, including prime and seal coats, be done without permission from
the Town Engineer. At least five days' notice shall be given to the
Town Engineer prior to any such construction so that a representative
of the Town may be present at the time work is to be done. The Town
Engineer shall be notified after each of the following phases of the
work has been completed so that he or his representative may inspect
the work.
[3] Road paving, after each coat in
the case of priming and sealing.
[5] Sanitary sewers, drainage pipes
and other drainage structures before backfilling.
[6] All underground utilities prior
to backfilling.
(b)
If the Town Engineer or other duly designated
representative does not carry out inspection of required improvements
during construction, the subdivider or the bonding company shall not
in any way be relieved of his or its responsibilities.
(2)
As-built plans. The developer's/applicant's
engineer will prepare as-built plans of the parcel's improvements,
to include the locations of waterlines, sewer lines, drainage improvements,
valves, manholes, pavement widths, curbs, sidewalks and any other
information the Town may request.
(3)
If the Highway Superintendent, the Superintendent
of Sewer and Water or the Town Engineer shall find or cause to have
found that any of the required improvements has not been installed
or constructed in accordance with the approved site plan, he shall
so report to the Town Board, Planning Board, Town Clerk and officers
and employees of the Building Department.
(a)
Upon receipt of such notification, the Town
Board shall notify the owner/developer and, if necessary, the bonding
company and take any and all necessary steps to preserve the Town's
rights under the bond.
(b)
If the owner/developer has posted a construction
bond, the Town Board shall declare said bond in default and utilize
the funds to install such improvements as were covered. In no event
shall the Town install improvements exceeding the dollar amount of
the construction bond.
(c)
No additional plans shall be accepted or approved
by the Planning Board or officers and employees of the Building Department
as long as the owner/developer is in default or not in compliance
with a previously approved plan.
(4)
Inspection fee. The owner/developer is responsible
for the payment of all inspections, as-built drawings and related
costs. Initially, an inspection fee of 4% of the amount of the construction
costs shall be paid to the Town, prior to the time that the Chairman
of the Planning Board signs the final plat or the start of any site
improvement work.
[Added 6-1-1999 by L.L. No. 6-1999]
A. Special use permit.
(1) Subject to the provisions of §
250-54B, no adult bookstore, adult entertainment cabaret, adult theater or adult use as defined in this Part
1 or in Chapter
100 of this Code shall be undertaken in any district by any person until the issuance by the Planning Board of an annual special use permit in accordance with the provisions of this Part
1. Application for such special use permit shall be in conformity with this Part
1 and as provided for herein. The application shall be in writing to the Planning Board and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed, a Zoning Map showing all uses within 500 feet of the site and such additional information as shall be required by the Planning Board. The Planning Board shall call a public hearing for the purpose of considering the request for each and every special use permit. At least 10 days' notice of the time and place of the public hearing shall he given by the publication of a notice in a newspaper of general circulation in the Town of Thompson, indicating the general nature of the hearing and the fact that those persons interested therein may be heard at the time and place of such hearing. All property owners within 500 feet of the proposed site shall receive notice from the applicant.
(2) A special use permit must be renewed on an annual
basis in conjunction with the certificate of registration, unless
otherwise determined by Planning Board waiver or modification.
(3) A special use permit issued under the provisions of
this section shall not be transferable.
B. Additional restrictions. In addition to the general
requirements of this Part 1, adult uses shall be permitted subject
to the following restrictions:
(1) No adult use shall be located within 500 feet of the
boundaries of any zoning district which is zoned for residential use.
(2) No adult use shall be located within 1,000 feet of
a preexisting school, day-care center or place of worship.
(3) No adult use shall be located within 500 feet of another
preexisting adult use.
(4) No adult use shall be located in any zoning district except those districts zoned for Commercial Industrial use (CI), Highway Commercial-1 (HC-1) or Highway Commercial-2 (HC-2); such adult use shall at all times be subject to the distance limitations set forth in Subsection
B(1),
(2) and
(3) of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5) This Part
1 shall not apply to any adult use establishments that are operational on the effective date of this section.
(6) Such adult use shall be conducted in any manner that
does not permit the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not registered as an
adult use. This provision shall apply to any display, decoration,
sign, show window, screen or other opening.
(7) At all times during the operation of an adult use, the person conducting such adult use shall have a valid registration certificate issued by the Building Department, and any such permit issued pursuant to §
250-54A shall be conditioned upon the maintenance of such registration certificate.
[Amended 8-7-2001 by L.L. No. 10-2001; 10-21-2003 by L.L. No. 7-2003]
[Amended 6-27-2005 by L.L. No. 1-2005]
Before authorizing any use or approving any plan, the Planning Board may hold a public hearing, the notice for which shall be subject to the same requirements as established by §
250-60D(3) and the payment of a public hearing fee, as provided in the local law establishing fees.
If a particular application is, in the opinion of the Planning Board, of sufficient complexity to warrant review in stages, the Planning Board may defer the submission of certain requirements and detailed engineering work at the time of the public hearing, rendering a preliminary decision on the basis of a less-than-complete submission and a final decision only on the basis of a complete submission, similar to the review of a major subdivision according to Chapter
255, Subdivision of Land.
The Planning Board may require that its approval
be periodically renewed. Such renewal shall be granted following due
public notice and hearing and may be withheld only upon a determination
by the officers and employees of the Building Department to the effect
that such conditions as may have been prescribed by the Planning Board
in conjunction with the issuance of the original permit have not been
or are no longer being complied with. In such cases a period of 60
days shall be granted the applicant for full compliance prior to revocation
of said permit. Any use authorized by the Planning Board shall be
deemed to be a conforming use in the district in which such use is
located, provided that:
A. The provision in this Part 1 under which such permit
was issued is still in effect.
B. Such permit was issued in conformity with the provisions
of this Part 1.
C. Such permit shall be deemed to affect only the lot
or portion thereof for which such permit shall have been granted.
[Amended 6-4-1996 by L.L. No. 5-1996; 4-2-2019 by L.L. No.
1-2019; 1-21-2020 by L.L. No. 2-2020]
The Town of Thompson Planning Board shall, pursuant to § 274-a, Subdivision 5, of the Town Law, have the right to waive, when reasonable, any of the requirements of §§
250-51 through
250-58 of this article and any of the requirements of §
250-60 G of Article
IX, for the approval, approval with modifications or disapproval of site plans submitted to the Planning Board. This waiver authority may be exercised in the event that any such requirements are found not to be essential for the public health, safety or general welfare or are found to be inappropriate to a particular site plan. Any such waiver shall be subject to the following conditions:
A. No waiver shall result in allowing a use not permitted
within the applicable zoning district.
B. Waivers shall be limited to those situations where
the full application of the requirements contained in the above-referenced
sections would generate unnecessary data and create unnecessary costs
with regard to deciding the matter.
C. An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications may submit a sketch plan of the proposed project to the Planning Board in lieu of a complete site plan. The Planning Board shall review the sketch plan, advise the applicant as to potential problems and concerns and determine if any additional site plan information is required. The Planning Board shall consider such a sketch plan as adequate when, in its judgment, the information submitted is sufficient to make a determination of compliance with the development standards in Part
1 of this chapter and, specifically, the intent of §§
250-51 through
250-52.1.
D. Nothing herein shall authorize the Planning Board
to waive state environmental quality review requirements.
E. The Planning Board must set forth in its record of proceedings the precise grounds upon which it has determined to exercise its waiver authority hereunder, which shall include a clear statement of what requirements of §§
250-51 through
250-58 of this article, or of §
250-60G of Article
IX, have been waived and the reason for the waiver of each and every such requirement.
[Added 8-18-1998 by L.L. No. 10-1998; amended 1-21-2003 by L.L. No. 1-2003; 10-21-2003 by L.L. No.
7-2003; 6-7-2005 by L.L. No. 1-2005]
A. Application for variance. Notwithstanding any provision of this Part
1 to the contrary, where a special use permit contains one or more features which do not comply with this Part
1, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article
VIII,§§
250-46 and
250-47.
B. Conditions. The Planning Board may impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit. Upon its granting of any special
use permit, any such conditions must be met in connection with the
issuance of permits by the officers and employees of the Building
Department.
C. Waiver of requirements. Wherever reasonable, the Planning
Board may waive any requirements for the approval, approval with modification
or disapproval of special use permits submitted for approval. Any
such waiver, which shall be subject to appropriate conditions set
forth in this Part I, may be exercised in the event that any such
requirements are found to be not requisite in the interest of public
health, safety or general welfare or inappropriate to a particular
special use permit.
D. Procedure.
(1) In all cases where this chapter requires special permit
approval by the Planning Board, a building permit shall only be issued
upon approval of and in conformity with the plans by the Planning
Board.
(2) An applicant for a special permit approval shall make
application to the Planning Board at least 15 days prior to its regular
meeting.
(3) The Planning Board shall hold a public hearing on
the application within 62 days of the initial submission at a regularly
scheduled Planning Board meeting. Said public hearing must be advertised
at least once in a newspaper of general circulation in the Town at
least 10 days prior to the hearing. The notice shall also be sent,
by the applicant, to the owners of all properties within 300 feet
of the site within 10 days prior to the hearing, by certified mail,
by first-class mail with a certificate of mailing, or by hand delivery
with the signature of each property owner with a proof of compliance.
(4) In accordance with §§ 239-l and 239-m,
Article 12-B, of the General Municipal Law of the State of New York,
if the site lies within 500 feet of a county or state road, institution,
park, drainage easement or a municipal boundary, a copy of the submission
shall be forwarded to the Sullivan County Department of Planning for
its review and action.
(5) Neighboring
municipality notification. Notice shall be given to an adjacent municipality
at least 10 days prior to a hearing relating to land within 500 feet
of that adjacent municipality, in accordance with General Municipal
Law § 239-nn.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(6) Within 45 days of the public hearing, the Planning
Board shall act to approve with modifications or disapprove the application.
(a)
If disapproved, the Board shall specify, in
writing, its reasons for any such action.
(b)
Notwithstanding the above, the time in which
a final decision is to be rendered may be extended upon mutual agreement
of the Board and the applicant for not more than two additional forty-five-day
periods.
(7) All special permit approvals shall expire one year
after the date of Planning Board approval if no substantial construction
has been completed.
(a)
The mere issuance of a building permit shall
not extend the above-stated one-year period.
(b)
Prior to the expiration of the one-year period,
upon request by the applicant, the Planning Board may grant a one-year
extension of approval in cases of proven hardship if the application
in question is in compliance with all current zoning laws.
(c)
The Planning Board may grant up to two one-year
extensions per application.
(8) In all instances where plan approval is also necessary for a specific use, the dual procedures may be held concurrently. The public hearing specified shall then coincide with approval of the preliminary site plan as noted in §
250-50D(3).
E. Requirements for special permit uses.
(1) Special uses listed in this chapter possess characteristics
of a nature such as to require special review and the application
of special standards in order to assure an orderly and harmonious
arrangement of land uses in the district and in the community. Before
a special use is approved, the Board shall find that the proposed
use:
(a)
Will be properly located in regard to transportation,
water supply, waste disposal, fire protection, police protection or
other facilities.
(b)
Will not create undue traffic or congestion
traffic hazards.
(c)
Will not adversely affect the value of property,
character of the neighborhood or the pattern of development.
(d)
Will encourage appropriate use of land consistent
with the needs of the Town of Thompson.
(e)
Will not impair the public health, safety and
general welfare.
(f)
Meets all applicable requirements of this chapter.
The Board may impose any additional requirements the Board deems appropriate
to assure that the proposed use will be in harmony with the surrounding
properties.
[1]
Before imposing such conditions, the Board shall
consider the following:
[a] The location and the intensity
of the use.
[b] The location and height of the
proposed buildings and structures.
[c] Traffic access and circulation.
[d] The location and extent of parking
and loading areas.
[e] The location, extent and type of
exterior artificial lighting and advertising.
[f] The proposed landscaping, screening
and fencing.
[g] The probable extent of noise, vibration,
smoke, dust and other adverse influences.
[2]
The Planning Board may impose a limit on the
hours of operation of a use upon finding that such a limit is necessary.
(2) The Town Board shall by resolution establish the fees
to be paid upon application to the Planning Board for authorization
of a use.
(3) Any use for which a special use permit may be granted
shall be deemed to be a conforming use in the district in which such
use is located. Said special use shall be deemed to affect only the
lot or portion thereof for which such permit shall have been granted.
(4) For condominiums or cooperative housing projects requiring
approval by the New York State Attorney General, the year approval
period shall not commence running until the final approval is granted
by the Attorney General.
(a)
In all cases, proof of submission of the plans
to the Attorney General shall be furnished to the Planning Board within
60 days of the Board's approval of the special use. If the proof of
submission is not furnished in the prescribed period of time, the
special use shall be deemed null and void.
(b)
Upon approval of the application by the Attorney
General, a copy of said approval shall be submitted to the Planning
Board for its records. In the event that the Attorney General denies
approval of the application, the special use shall be deemed null
and void.
(5) Each application for a special use shall be accompanied by a proposed site plan as set forth in §
250-50 above.
F. Compliance with State Environmental Quality Review
Act. The Planning 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.
G. Standards
for all uses located in the EBG District, requiring a special use
permit of the Planning Board.
[Added 1-21-2020 by L.L. No. 2-2020]
(1) All uses in the EBG District that require a special use permit of the Planning Board shall be subject to the requirements of this section, unless expressly exempted in Subsection
G(2) below.
(2) Upon determination of the Planning Board, acting as lead agency pursuant to the SEQRA, that the proposed action is categorized as Type II, the application shall be referred to the Building Department for subsequent review and processing, and will be exempt from the special permit review process and requirements. Actions categorized as Type 1 or unlisted will require review and approval pursuant to Subsection
G(1) above.
(3) Design
standards required.
(a) If practicable, the site should provide driveway connections to adjacent
sites to the side and rear to allow travel between adjacent sites
for users, without the need to exit to East Broadway. See Grow the
Gateways Corridor Design Guidelines, Section 1, Access Management
and Parking, for guidance.
(b) Access to the site from East Broadway should be controlled, with
a maximum of two curb cuts or access points. On existing, nonconforming
developed sites, access points and curb cuts along East Broadway shall
be reduced to meet this standard, as part of any new application for
a special permit or amendment to a special permit for Type I and unlisted
actions under SEQRA.
(c) A maximum of 25% of the required number of parking spaces to meet
parking standards shall be located in front of the principal use,
between the principal use and East Broadway. It is preferred that
all parking be kept to the rear of the principal use.
(d) A minimum ten-foot landscaped buffer shall be installed in the required front yard along the East Broadway ROW. A minimum six-foot landscaped buffer shall be installed in required side and rear yards. No parking spaces or drives shall be permitted in required front yards except for permitted direct site access, pursuant to Subsection
G(2) above. An easement for a frontage sidewalk along East Broadway may be required within the required front yard, if practicable.
(e) A landscaped buffer with a minimum width of six feet shall be installed around the perimeter of parking lots, other than in front yard areas in Subsection
G(3) above, and around the foundations of principal buildings. One landscaped island for every 12 parking spaces shall be installed within the interior of any parking lot, in order to break up the parking lot into bays separated by landscaping. Landscape islands that are surrounded by pavement should have no dimensions less than nine feet. Plant types and sizes shall comply with Grow the Gateways Corridor Design Guidelines, Section 5.
(f) An entrance to the principal building shall be designed in the front
facade, facing East Broadway. Additional entrances may be provided
to allow building access from side or rear parking areas. A pathway
shall be provided to connect the front door to parking areas and to
the frontage road areas, and should connect to any existing or planned
sidewalk network off-site.
(g) Light poles in parking areas shall not exceed 18 feet or the height
of the primary structure, whichever is less. Pedestrian-scaled lighting
should be featured in public spaces and sidewalks outside of parking
areas. Poles for pedestrian lighting shall be no higher than 12 feet.
To minimize off-site or upward light spillage, full cut-off or cut-off
style luminaries shall be used, meeting the Grow the Gateways Corridor
Design Guidelines, Section 4.
(4) Bonus
provided for meeting additional optional design standards.
(a) An additional 10% development coverage may be permitted to be added
to the applicable bulk standard listed in the EBG (East Broadway Gateway
District) Schedule of District Regulations for projects meeting the
architectural standards of the Grow the Gateways Corridor Design Guidelines,
Section 6. To be eligible for the development coverage bonus, architecture
of the proposed building to be constructed by special permit shall
be consistent with the architectural style of buildings in the downtown
Village of Monticello, without visible concrete masonry units, or
vinyl or metal siding. Brick, stone or wood siding and trim are required.
Formulaic or corporate chain styles not customized for construction
in the Monticello region will not be eligible for the development
coverage bonus.
(b) An additional 10% development coverage may be permitted to be added
to the bulk standard listed in the EBG Schedule of District Regulations
for projects providing two of more of the following green infrastructure
features, meeting the Grow the Gateways Corridor Design Guidelines,
Section 5.
[1] Green roof for principal building.
[2] Rain garden bioretention for stormwater treatment.
[3] Solar photovoltaic panels to supply on-site electrical power.
[4] Complete Streets elements, pursuant to the "Complete Streets" manual
by Lois Chaplin, Cornell Local Roads Program, CLRP No. 07-03, revised
February 2012, as may be amended.
[5] Geothermal heating and/or cooling.
[6] No parking spaces, drives or asphalt paving in front of buildings,
between any principal or accessory buildings and East Broadway.
(c) Any application requiring an area or bulk variance from the Zoning
Board of Appeals shall not be eligible for any bonuses set forth in
this subsection above.