Town of Thompson, NY Article IX Planning Board

§ 250-48 Construal of provisions.

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.

§ 250-49 Organization; meetings.

[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.

§ 250-50 Site development plan approval.

[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.

§ 250-51 Miscellaneous procedures.

[Added 6-7-2005 by L.L. No. 1-2005[1]]

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.

[1] Editor's Note: This local law also repealed original § 250-51, Plan requirements, of the 2003 Code. See now § 250-50E.

§ 250-52 General considerations.

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.

§ 250-52.1 Construction; bonding; inspections; as-built plans.

[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.

[1] Road subgrade.

[2] Curb and gutter forms.

[3] Road paving, after each coat in the case of priming and sealing.

[4] Sidewalk forms.

[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.

§ 250-53 (Reserved) [1]

[1] Editor's Note: Original § 250-53, Development standards, of the 2003 Code, was repealed 6-7-2005 by L.L. No. 1-2005.

§ 250-54 Special use permit for adult uses; restrictions. [1]

[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]

[1] Editor's Note: For penalties for violations of this section, see Ch. 1, § 1-14B.

§ 250-55 Public hearing.

[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.[1]

[1] Editor's Note: See Ch. 66, Planning Board and Zoning Board of Appeals, Art. I, Fees.

§ 250-56 Preliminary approval.

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.

§ 250-57 Renewal of permit.

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.

§ 250-58 Fees.

A. All applications made to the Planning Board shall be in writing on forms prescribed by the Board and shall be accompanied by a fee as provided in the local law establishing fees.[1]

[1] Editor's Note: See Ch. 66, Planning Board and Zoning Board of Appeals, Art. I, Fees.

B. No refund. Said fees shall comprise a nonreturnable review fee for a review under the terms of this article. If site plan review is simultaneous with subdivision review, the Planning Board shall, at its discretion, waive one or the other of the review fees.

C. Documentary fee. For compilation of names and addresses of all owners who shall receive certified mailing of public hearing as required by this article a fee shall be charged as provided in the local law establishing fees.

D. Publication costs. The applicant shall also be required to pay, upon presentation, the actual costs of publication of any and all notices required by any provision of this chapter or other provision of law.

E. Appearance fee. For each additional meeting with the Planning Board other than required presentations, as requested by the applicant, there shall be a fee as provided in the local law establishing fees.

F. Consultant fees.

(1) Any applicant before the Planning Board shall be required to pay to the Town a sum of money to reimburse the Town for fees to be paid to consulting planners, engineers, attorneys or other experts retained by the Town to review the applicant's plans, maps, studies, agreements and all other papers required by the Planning Board. The amount of the fee shall be determined by the Planning Board and the professional consultants at the time the applicant files his application for sketch plan approval with the Planning Board. Each consultant that the Board deems necessary to involve shall estimate his fees based upon the services to be rendered on behalf of the Town from the sketch plan stage to final approval by the Planning Board. The fee shall be paid to the Town pursuant to the following schedule:

(a) One-third at the time of application for sketch plan approval;

(b) One-third at the time of application for preliminary plan approval; and

(c) One-third at the time of application for final plan approval.

(2) In the event that an applicant shall withdraw his application at any stage of the proceedings, then the Town shall reimburse the applicant that portion of the deposited funds not paid for professional consulting services.

§ 250-59 Waiving of provisions.

[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.

§ 250-60 Special use permits.

[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.[1] 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.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

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.[2]

[2] Editor's Note: The Grow the Gateways Corridor Design Guidelines are available in the Town offices or through the Town's online version of the Code (eCode360®).

(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.[3]

[3] Editor's Note: The Grow the Gateways Corridor Design Guidelines are available in the Town offices or through the Town's online version of the Code (eCode360®).

(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]

[4] Editor's Note: The Grow the Gateways Corridor Design Guidelines are available in the Town offices or through the Town's online version of the Code (eCode360®).

(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.[5] 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.

[5] Editor's Note: The Grow the Gateways Corridor Design Guidelines are available in the Town offices or through the Town's online version of the Code (eCode360®).

(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.[6]

[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.

[6] Editor's Note: The Grow the Gateways Corridor Design Guidelines are available in the Town offices or through the Town's online version of the Code (eCode360®).

(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.