NOTE: The term "special use permit" shall also
refer to any "conditional use permit" issued by the Planning Board
or the Board of Appeals. The change in terms is intended to bring
the usage into line with the term as used in the Town Law and is not
intended to change or alter any rights under any valid conditional
use permit that may have been issued.
A. On application and after public notice and hearing,
the Planning Board may authorize the issuance of a special use permit
for any of the special uses for which this chapter requires such permit
in the district in which such use is proposed to be located. In approving
any such use, the Planning Board shall take into consideration the
public health, safety and welfare, the comfort and convenience of
the public in general and of the residents of the immediate neighborhood
in particular and may prescribe such appropriate conditions and safeguards
as may be required in order that the result of its action shall, to
the maximum extent possible, further the expressed intent of this
chapter and the accomplishment of the following objectives in particular:
(1) That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(2) That 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, will not be detrimental to the orderly development of
adjacent properties in accordance with the zoning classification of
such properties, will be free of nuisance characteristics and will
not overcrowd the land either as proposed or as it may reasonably
be expected to expand.
(3) That, in addition to the above, in the case of any
use located in or directly adjacent to a residence 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, the residence district
or conflict with the normal traffic of the neighborhood.
(b)
The location, height and architectural features
of buildings; the location, nature, design and height of walls, fences
and signs; and the nature and extent of landscaping on the site shall
be such that the use will harmonize with its surroundings and will
not hinder or discourage the appropriate development and use of adjacent
land and buildings.
(c)
The Planning Board or the Zoning Board of Appeals,
as the case may be, may place reasonable limits on the hours of operation
of any special use where said board determines that the operation
or conduct of the use may impair or impede the quiet enjoyment of
adjacent and nearby residential uses during the evening and nighttime
hours.
(4) That, in addition to the above, where the proposed
use is near a church, school, theater, recreational area or any other
place of public assembly, the operation thereof will not present any
undue hazards to the users of said facilities.
B. Each application for a special use permit shall be
accompanied by the following:
[Amended 7-13-2009 by L.L. No. 4-2009]
(1) A proposed
site plan showing the size and location of the lot, the location of
all buildings and proposed facilities, including access drives and
parking areas, and all streets within 200 feet of the lot; and
(2) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Town of Kent Town Code Chapter
66, Articles
IV and
V. The SWPPP shall meet the performance and design criteria and standards in Chapter
66, Article
IV. The approved special use permit shall be consistent with the provisions of Chapter
66.
C. Any use for which a special use permit is granted
shall be deemed to be a conforming use in the district in which such
use is located, provided that such permit shall affect only the lot
or portion thereof for which such permit shall have been granted.
D. All special use permits shall become null and void
unless the holder thereof shall obtain within one year following the
effective date for the resolution granting the same a certificate
of occupancy or an extension of time, upon presentation of evidence
sufficient for a determination by the Planning Board that extenuating
circumstances warrant such extension.
E. County referral. Prior to action on an application
for a special use permit under this section, a copy of said application
shall be forwarded to the Putnam County Planning Department for review
pursuant to General Municipal Law § 239-m if the boundary
of the property that is the subject of the application is located
within 500 feet of:
(1) The boundary of any city, village, or town; or
(2) The boundary of any existing or proposed county or
state park or other recreation area; or
(3) The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road or highway; or
(4) The existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines; or
(5) The existing or proposed boundary of any county or
state owned land on which a public building or institution is situated;
or
(6) The boundary of a farm operation located in an agricultural
district, as defined by Article 25-AA of the Agriculture and Markets
Law.
F. Referral to neighboring municipalities. Pursuant to
General Municipal Law § 239-nn, for a special use permit
application involving property located within 500 feet of an adjacent
municipality, notice of any public hearing shall be given by mail
or electronic transmission to the Clerk of the adjacent municipality
not less than 10 days prior to the date of said hearing.
G. Notice to park commission. At least five days before
such hearing, the Board of Appeals shall mail notices thereof to the
parties and to the regional state park commission having jurisdiction
over any state park or parkway within 500 feet of the property for
which an application for special use permit approval has been submitted.
H. Agricultural data statement. An application for a
special use permit must also contain an agricultural data statement
if any portion of the project is located on property within an agricultural
district containing a farm operation, or other property with boundaries
within 500 feet of a farm operation located in an agricultural district.
The agricultural data statement shall contain the name and address
of the applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district which contains farm property; and a Tax Map or other map
showing the site of the proposed project relative to the location
of farm operations identified in the agricultural data statement.
I. Time of decision. The Zoning Board of Appeals shall
make a decision within 62 days after the close of the public hearing.
The Planning Board shall follow the following
procedure in reviewing and approving site plans:
A. Public hearing and action.
(1) When officially received. An application submitted
under this section shall be deemed received at the next regular meeting
of the Planning Board at which the application is to be considered.
An application shall be placed on the Planning Board agenda only after
payment of an application fee in an amount set by the Town Board,
and any review fee that may be required by the Planning Board.
(2) Upon receipt of a site plan application, the Planning
Board shall, at a regular meeting of the Board, determine whether
to convene a public hearing on the application. Where the Board has
determined that a public hearing will be held, it shall, within 62
days of receipt of a complete application, set a date for a public
hearing. The Planning Board shall notify or cause to be notified,
by certified mail, the following persons:
(a)
For projects located in the R-10 Residential
District, the Commercial District, and the IOC District, all landowners
within 100 feet of the boundary of the subject property.
(b)
For projects located in the R-40, the R-80,
and the PRD Residential Districts, all landowners within 500 feet
of the boundary of the subject property.
(c)
The Planning Board shall, not less than five
days prior to the date of the public hearing, cause notice of the
public hearing to be published in a newspaper(s) of general circulation
in the Town.
(d)
The notice shall include the name of the project,
the location of the project site, and the date, place, time and subject
of the public hearing at which the site plan will be reviewed. Such
notice shall not be required for adjourned dates. The records of the
Assessor of the Town of Kent shall be deemed conclusive as to ownership,
and the notice shall be deemed complete when deposited in a properly
addressed postpaid envelope in the United States Mail not less than
10 days prior to the time of the public hearing.
(e)
The Planning Board may also provide that the
hearing be further advertised in such manner as it deems most appropriate
for full public consideration of the application, including the prominent
placement of one or more signs on the premises that is the subject
of the application notifying interested persons that an application
for a site plan approval is under consideration by the Board.
(3) Preliminary site plan application procedure. Each
application for site plan approval shall be considered preliminary.
The Planning Board shall process the application and review the site
plan in a manner and procedure similar to its authorized processing
and review of subdivisions, except the Board may waive a public hearing
on the preliminary site plan application. The Planning Board's findings
regarding a preliminary application shall expire six months from the
date of approval if no application for final approval is submitted
within such period, except where such time limit is extended by mutual
consent of the applicant and the Planning Board.
(4) Final site plan application procedure. Application
for final approval shall follow the same procedures as outlined in
this section, and the Planning Board may waive other procedural matters
and requirements it deems unnecessary at this stage. The Planning
Board may waive a public hearing on the final site plan application.
(5) County referral. Prior to action on an application
for site plan approval under this section, a copy of said application
shall be forwarded to the Putnam County Division of Planning for review
pursuant to General Municipal Law § 239-m if the boundary
of the property that is the subject of the application is located
within 500 feet of:
(a)
The boundary of any city, village, or town;
or
(b)
The boundary of any existing or proposed county
or state park or other recreation area; or
(c)
The right-of-way of any existing or proposed
county or state parkway, thruway, expressway, road or highway; or
(d)
The existing or proposed right-of-way of any
stream or drainage channel owned by the county or for which the county
has established channel lines; or
(e)
The existing or proposed boundary of any county-
or state-owned land on which a public building or institution is situated;
or
(f)
The boundary of a farm operation located in
an agricultural district, as defined by Article 25-AA of the Agriculture
and Markets Law.
(6) Referral to neighboring municipalities. Pursuant to
General Municipal Law § 239-nn, for a site plan permit review
under this section involving property located within 500 feet of an
adjacent municipality, notice of any public hearing shall be given
by mail or electronic transmission to the Clerk of the adjacent municipality
not less than 10 days prior to the date of said hearing.
(7) Notice to park commission. At least five days before
such hearing, the Board of Appeals shall mail notices thereof to the
parties and to the regional state park commission having jurisdiction
over any state park or parkway within 500 feet of the property for
which an application for special use permit approval has been submitted.
(8) Agricultural data statement. An application for site
plan approval must also contain an agricultural data statement if
any portion of the project is located on property within an agricultural
district containing a farm operation, or other property with boundaries
within 500 feet of a farm operation located in an agricultural district.
The agricultural data statement shall contain the name and address
of the applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district which contains farm property: and a Tax Map or other map
showing the site of the proposed project relative to the location
of farm operations identified in the agricultural data statement.
(9) Time of decision. Within 62 days of close of the public
hearing, or within 62 days of receipt of a complete application for
which the Board has determined that a public hearing will not be held,
the Planning Board shall approve, approve with modifications, or disapprove
the site plan application. A copy of the Planning Board's decision
shall be filed in the Office of the Town Clerk within five days of
the date of such decision, and a copy shall be mailed to the applicant.
In acting to approve, with or without modifications, a site plan application,
the Planning Board may attach such conditions and safeguards as it
deems necessary to ensure compliance with these regulations. .
(10)
Within 60 days of the date of final site plan
approval, the applicant shall present to the Planning Board a corrected
final site plan in reproducible form, including any modifications
required by the Planning Board as a condition of approval. Upon verification
by the Planning Board that the plan complies with the requirements
of the approval, the plan shall be endorsed by the Planning Board
Chairperson and properly filed with the Planning Board and the Building
Inspector. The site owner or applicant shall not commence any site
preparation, including but not limited to tree removal, removal of
soil, grading, stockpiling of soil or other construction material,
until the final site plan has been endorsed by the Planning Board
Chairman.
B. Findings. In rendering its decision concerning any
site plan application, the Planning Board shall consider the nature,
arrangement and appearance of all proposed structures, improvements
and uses of the lot, including their potential impact on adjacent
properties, architectural features and land uses such that:
(1) They will have a harmonious relationship with the
existing and planned development of contiguous lands and adjacent
neighborhoods.
(2) They will have no material adverse effect upon the
desirability of such neighborhoods for the uses contemplated by this
chapter.
(3) They will be properly related to the uses, goals and
policies for land development as expressed in the Town Comprehensive
Plan.
(4) Pedestrian and vehicular access, traffic circulation
and the general layout of the site are properly planned with regard
to the safety of vehicles and pedestrians using the site, as well
as those on neighboring properties and streets.
(5) New structures will be sited to take advantage of
solar access insofar as practical, including the orientation of proposed
buildings with respect to sun angles, the shading and windscreen potential
of existing and proposed vegetation on and off the site, and the impact
of solar access to adjacent uses and properties.
(6) The site plan shall reflect an awareness of and sensitivity
to the views, terrain, soils, plant life and other unique qualities
of the site and shall, to the extent practical, preserve and enlarge
upon these assets for recreation, scenic or conservation purposes.
(7) The proposed use, buildings and other structures,
including outdoor storage areas, recreational areas, site development,
landscaping and off-street parking and loading, shall conform to the
requirements of this chapter, the Town subdivision regulations and
all other Town laws.
C. Time limit. The site plan approval shall be void if
construction is not started within one year of the date of Planning
Board approval, and completed within two years of the date of such
approval. Prior to its expiration, the site plan approval may be renewed
by written request of the applicant for up to two additional ninety-day
periods.
D. Performance bond or surety and inspection fee. The
applicant may be required to post a performance bond in the form of
a letter of credit, cash bond or surety bond in an amount sufficient
to assure that all streets or other public improvements shown on the
site plan are suitably graded and paved, and that street signs, sidewalks,
streetlighting, curbs, gutters, street trees, water mains, sanitary
sewers, fire alarm signal devices, including associated ducts, pipes,
cable and connecting facilities, are installed in accordance with
applicable standards, specifications, and procedures acceptable to
the Town. Prior to commencement of work and as a condition of a building
permit, the applicant shall pay an inspection fee in an amount as
set from time to time by resolution of the Town Board.
[Amended 4-20-2009 by L.L. No. 3-2009; 9-26-2017 by L.L. No. 3-2017]
E. Site plan amendments. The Planning Board shall review any amendment to a previously approved site plan by following the procedures specified in this section and may grant waivers from the information and procedures specified herein where the Board has determined that the proposed amendment does not warrant a full site plan review or a public hearing. In addition, an amendment of a site plan that was approved as part of an application for special use permit approval shall be reviewed by following the procedures specified in this section without the necessity of following the procedures in §
77-60 where the use for which the special use permit was granted has not and will not change as a result of the site plan amendment.
F. Inspections. The Building Inspector shall be responsible
for inspecting required improvements during construction to ensure
their satisfactory completion and, upon such completion, shall furnish
the Planning Board with a statement to that effect. If the Building
Inspector determines that any of the required improvements have not
been constructed in accordance with the approved plan, the applicant
shall be responsible for correcting and properly completing said improvements.
Failure of the Building Inspector to carry out inspections of required
improvements during construction shall not in any way relieve the
applicant or the bonding company of their responsibilities related
to the proper construction of such improvements.
G. Any person aggrieved by any decision of the Planning
Board may apply to the Supreme Court for review pursuant to § 274-a
of the Town Law.
H. Enforcement of approved site plans. The applicant,
the landowner, and the contractor are all responsible for the successful
implementation and completion of an approved site plan, including
but not limited to:
(1) Installation and maintenance of erosion control measures
and/or a SWPPP as depicted on the approved plan;
(2) Protection and preservation of nondisturbance areas,
whether temporary or permanent, as depicted on the approved plan;
(3) Reclamation of disturbed areas as depicted on the
approved plan;
(4) Installation and completion of site improvements in
the location(s) and in the manner as depicted on the approved site
plan unless approved as a "field change" amendment by the Building
Inspector, the Planning Board Engineer, the Town Engineer, or the
Planning Board, as the case may be;
(5) Implementation and completion of environmental mitigation
measures as required under any negative declaration or findings statement
adopted for the project pursuant to Article 8 of the Environmental
Quality Review Act (SEQRA), whether such mitigation measures are depicted
on the approved site plan or not;
(6) Implementation and completion of any other permits
and approvals issued by any other agency.
I. Responsible parties. The applicant, the landowner,
and the contractor shall be jointly and severally liable for all costs
incurred, including environmental restoration costs, resulting from
noncompliance with the approved site plan. Approval of the site plan
and commencement of any work related to the approved plan shall constitute
express permission by the applicant and the landowner for the Building
Inspector and/or her designee(s), or other authorized Town officials,
to enter the property for the purposes of inspection for compliance
with the approved site plan, whether or not any other permits have
been applied for or issued for the project. The approval of the site
plan and the commencement of work related to the approved plan is
an express waiver of any objection to authorized Town official(s)
entering the property for the purpose of conducting an inspection.
J. Nuisance. Any deviation from the approved site plan, unless prior approved by the Building Inspector as a "field change" amendment pursuant to Subsection
H(4) above, shall be deemed a public nuisance and may be restrained by an order to stop work, and/or injunction, and/or direct action by the Building Inspector and/or her designee(s), or other authorized Town officials, to abate the condition, and/or in any other manner provided by law. The Building Inspector may issue a stop-work order for the entire construction and site work/disturbance project, or any specified portion thereof, if the Building Inspector determines that any of the following conditions exist:
(1) The erosion control measures and/or a SWPPP as depicted
on the approved plan are not, or have not, been implemented or are
not being properly maintained;
(2) Nondisturbance and protected buffer areas as depicted
on the approved plan are not, or have not, been adequately protected
and preserved;
(3) Disturbed areas are not, or have not, been reclaimed
as depicted on the approved plan;
(4) Site improvements are not, or have not, been installed
in the location(s) and in the manner as depicted on the approved site
plan and no approval for a "field change" amendment has been issued;
(5) Environmental mitigation measures required for the
project pursuant to approvals under Article 8 of the State Environmental
Quality Review Act (SEQRA) are not, or have not, been implemented;
(6) Other required permits and approvals from any other
agency have not been issued or obtained by the applicant, the landowner,
or the contractor.
K. As-built plans. At the completion of construction,
and prior to issuance of a certificate of occupancy, the owner/applicant
shall provide to the Planning Board and the Building Inspector a certification
prepared by a professional engineer licensed by the State of New York
that all site work has been carried out and completed in substantial
compliance with the approved site plan for the project. Additionally,
the applicant shall provide to the Planning Board and the Building
Inspector an as-built survey of the completed development.
L. Site maintenance. The premises for which a site plan
has been approved shall, at all times, be maintained in accordance
with the approved site plan. Failure to keep the premises in a condition
that is consistent with the approved site plan may result in a revocation
of the certificate of occupancy for the premises. During construction
and after the completion of construction, the project may periodically
be inspected for conformance to the approved site plan, including
maintenance of the landscaping and plantings required as part of the
site plan approval. If there is nonconformance to the approved site
plan, or if any of the conditions of site plan approval are not fulfilled,
no certificate of occupancy shall be issued. Where a development project
reverts to nonconformance with the approved site plan after issuance
of the certificate of occupancy or certificate of compliance, the
nonconformance shall be deemed a violation of this chapter.