The Planning Board of the Town of Walworth previously
created is hereby ratified pursuant to § 271 of the Town
Law of the State of New York. Said Planning Board shall consist of
five members and one alternate member who shall be substituted for
a member in the event that such member is unable to participate because
of a conflict of interest. The Town Board shall designate a Chairman
and appoint a Clerk.
The Planning Board is authorized and empowered
to:
A.
Approve subdivision plans for residential development in accordance with the definition for a subdivision as contained in Chapter 151, Subdivision of Land; Site Plan Review.
B.
Approve site plans for business and industrial development
under this chapter.
C.
Approve site plans for other developments as provided
in this chapter.
D.
Approve site plans for a planned development.
E.
Grant special use permits pursuant to this chapter
and § 274-a of the Town Law.
The Planning Board approvals shall be based on the requirements of this chapter and Chapter 151, Subdivision of Land; Site Plan Review.
A.
Special permitted uses are hereby declared to possess
such unique and special characteristics that each specific use shall
be considered as an individual case.
B.
The Planning Board shall hear and decide only such
special use permit applications as are specifically authorized by
the terms of this chapter; to decide such questions as are involved
in determining whether special use permits should be granted; and
to grant special use permits with such conditions and safeguards as
are appropriate under this chapter, the Comprehensive Plan of the
Town and to protect the health, safety and/or general welfare of the
public or to deny special use permits when not in harmony with the
purpose and intent of this chapter, when not consistent with the standards
and criteria set forth in this chapter, when not consistent with the
Comprehensive Plan or when there may be an impairment of the health,
safety and/or general welfare of the public.
C.
Procedure for approval of development as special permitted use shall be in accordance with that outlined under procedures for plan review as contained in Article III of Chapter 151 of this Code pertaining to subdivision of land, Article IV of Chapter 151 of this Code pertaining to site plan review and approval.
D.
A special use permit application fee shall be paid
to the Town upon each application for a special use permit as follows:
[Amended 3-4-2010 by L.L.
No. 1-2010]
(1)
In case of a special use permit application in a residential
zoning district, a fee as set forth from time to time by Town Board
resolution and on file in the office of the Town Clerk.
(2)
In case of a special use permit application in a commercial
or industrial zoning district, a fee as set forth from time to time
by Town Board resolution and on file in the office of the Town Clerk.
A.
The Planning Board, before approval, must determine
that the proposed use meets the following criteria:
(1)
Harmony.
(a)
The location and size of the use, the nature
and character of the operation involved, the size of the site in relation
to the proposed use and the location of the site shall:
[1]
Be such that it will be in harmony with the
orderly development of the district.
[2]
Not prevent the orderly and reasonable use of
permitted or legally established uses in the district where the proposed
use is to be located or of permitted or legally established uses in
adjacent use districts.
[3]
Not prevent the orderly and reasonable use of
adjacent properties or properties in adjacent districts.
(b)
The location, nature and character of the operation
involved and the height of structure shall not unreasonably discourage
or prevent the appropriate development and use of adjacent land and
buildings in the district or land and buildings in adjacent use districts
or unreasonably impair the value of land within the district where
the special use is proposed or in an adjacent use district.
(c)
The use will be in harmony with and promote
the general purposes and intent of this chapter.
(2)
Public health, safety and welfare. The health, safety,
welfare, comfort, convenience or the order of the adjacent land, surrounding
neighborhoods and the Town will not be affected by the proposed use
and its location.
B.
In determining whether the proposed use meets the criteria set forth in § 180-54A, the Planning Board shall consider the following factors and any other factor which as a matter of law it may consider:
(1)
The character of the existing and probable development
of uses in the district and the peculiar suitability of such district
for the location of any such special use or uses.
(2)
The conservation of property values and the encouragement
of the most appropriate uses of land.
(3)
Whether the proposed use will create hazards or dangers
to the public or to persons in the vicinity from traffic congestion,
crowds, parking of automobiles or other causes.
(4)
The availability of adequate and proper public or
private facilities for the treatment, removal or discharge of sewage,
refuse or other effluent, whether liquid, solid or gaseous, that may
be caused or created by or result from the use.
(5)
The impact of the proposed use on surface drainage.
(6)
Whether the use or materials incidental thereto or
produced thereby may give off obnoxious gases, fumes, odors, smoke
or soot.
(7)
Whether the use will cause disturbing emissions of
electric discharges, dust, light, vibration or noise or cause interference
with normal communication signals.
(8)
Whether the operations and pursuance of the use will
cause undue interference with the orderly enjoyment of parks, playgrounds
or other recreational facilities.
(9)
The necessity for hard surface paved areas for the
purpose of off-street parking of vehicles incidental to the use; whether
such areas are reasonably adequate and appropriate and can be furnished
by the owner of the plot sought to be used within or adjacent to the
plot wherein the use shall be had and whether such hard surface paved
areas require drainage mitigation.
(10)
Whether a hazard to life, limb or property,
because of fire, flood, erosion or panic, may be created by reason
or as a result of the proposed use or by the structures to be used
therefor or by the inaccessibility of property or structure thereon
for the convenient entry and operation of fire and other emergency
apparatus or by the undue concentration or assemblage of persons upon
such plot.
(11)
Whether the proposed use or the structures to
be used therefor will cause an overcrowding of land or undue concentration
of population.
(12)
Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof.
(13)
Whether the use to be operated is unreasonably
near to a house of worship, school, theater, recreational area or
other place of public assembly, provided that in no event shall the
use by its close proximity to a house of worship or school be in violation
of any provision of the Municipal Code prohibiting such use within
the distance between the location of a proposed special use and a
house of worship or school.
(14)
Whether the use abuts any residential district
and, if so, whether adequate buffer areas have been provided.
(15)
Whether the use is in conformity with the Comprehensive
Plan for the Town.
A.
A special use permit shall be deemed to authorize
only the particular use applied for and shall expire:
(1)
If the special use shall cease for more than six months
for any reason except the six-month period shall be tolled for one
continuous year if the special use ceases because the permittee is:
(2)
If all the improvements required by the Planning Board
prior to the issuance of the special use permit are not completed
within 12 months of the Planning Board granting a special use permit
subject to its issuance upon the completion of various improvements,
unless prior to that time, an extension has been granted by the Planning
Board.
(3)
If under any provision of this chapter, it is provided
that a particular special use permit expires.
In order to ensure proper location and design
of public and private utility systems, the Planning Board shall review
all proposed systems. This review shall apply to the transmission
and distribution grids for water, sewer, gas, electric, telephone
and cable television systems. The utility company or agency shall
submit detailed plans showing the design, location and capacity of
all proposed systems. The Planning Board shall, within 60 days, report
to the utility company or agency and either approve, disapprove or
approve with modifications the proposed plans.
