A.
Purpose. The purpose of special use permit review
is to ensure that land development is compatible with surrounding
uses and the human and natural environment, including agricultural
and open space resources.
B.
Authority. Pursuant to Town Law § 274-b,
the Planning Board is hereby authorized to review and approve, approve
with modifications, or disapprove special use permits for land uses
within the Town as hereinafter designated pursuant to and in accordance
with the standards and procedures set forth in this chapter.
Special use permit review shall be required
for any use listed in Table 1[1] as requiring special use permit review, including any
change in an existing use or to construct, improve, remodel, renovate,
demolish or convert any building or structure listed as requiring
a special use permit in Table 1, or for any amendment to an approved
special use permit.
[1]
Editor's Note: Table 1 is included at the
end of this chapter.
A.
A special use permit application shall be filed with
the Town by the owner or owner's agent at least 10 days prior to the
Planning Board meeting at which it is to be introduced, on forms prescribed
by the Planning Board.
B.
A special use permit application shall contain the
following to be deemed complete:
(1)
Five copies of a completed application form, containing:
(a)
The applicant's name, address and interest in
the property.
(b)
The name of the owner of the subject property
(if different from the applicant).
(c)
The subject property address and Tax Map and
lot number as shown on the tax records of the Town of Greenwich.
(d)
The current zoning district classification and
present use of the subject property.
(e)
A written general description of the proposed
project, the number and size of buildings to be constructed or converted,
their present and proposed uses and the number and type (resident,
employee, etc.) of occupants anticipated to be accommodated by the
project after completion.
(f)
A written description of the uses of surrounding
properties.
(2)
A site plan containing those elements from § 190-16 as may be determined necessary by the Planning Board.
(3)
A statement and documentation as may be required to
comply with this chapter or other relevant Town law describing the
intended method of ownership and maintenance of agriculture and open
space.
(4)
Other elements integral to the proposed development
may be required by the Planning Board where considered necessary to
carry out the intent of this chapter, including but not limited to
testing to assess environmental capabilities.
[Amended 11-7-2012 by L.L. No. 4-2012]
Within 45 days of a complete special permit
application being deemed complete by the Planning Board, the Planning
Board shall hold a public hearing to receive comments on the application.
The Planning Board shall give notice of the public hearing by publishing
a notice of hearing in a paper of general circulation in the Town
at least five days prior to the date thereof and, at least 10 days
prior to that date, by mailing notice of the hearing to all owners
of property within 500 feet of the nearest boundary of the property
for which the special permit is sought. The Planning Board may elect
to waive the notification for certain special permit requests if deemed
appropriate.
Within 62 days of close of the public hearing
and after considering the evidence presented at the public hearing
and after making any further investigations considered necessary to
ensure compliance with this chapter, the Planning Board shall determine
whether or not to grant a special permit for the proposed use. A special
use permit shall be issued if the use for which it is sought is consistent
with all of the following standards:
A.
Operations in connection with the proposed use will
not be objectionable to nearby properties by reason of noise, fumes,
vibration, illumination or other potential nuisance.
B.
Community infrastructure and services, including but
not limited to protective services, roadways, garbage collection,
schools and water and sewer facilities, are currently or will be of
adequate capacity to accommodate the proposed use.
C.
The proposed site possesses adequate soil capacity
and natural features to safely support proposed facilities and structures,
including water and septic services at the site.
D.
Stormwater will be managed in accordance with the
regulations of the New York State Department of Environmental Conservation
and of the Town of Greenwich.
E.
The proposed use, building design and site layout shall meet the provisions of the Zoning Ordinance, including the design standards in Article VI, and other regulations and ordinances of the Town and standards of New York State and comply with the intent of the Town's Comprehensive Land Use Plan.
F.
Vehicular and pedestrian traffic patterns associated
with the proposed use will be appropriate and satisfactorily established
and managed for the area involved. Factors for the Planning Board
to consider in making this determination include turning movements
in relation to traffic flow, proximity to and relationship to intersections,
adequacy of sight distances, location and access of off-street parking,
provision for pedestrian traffic, capacity of existing roads and minimizing
pedestrian-vehicular circulation conflicts.
G.
The proposed use, design and layout will be of such
location, size and character that it will be in harmony with the appropriate
and orderly development of the surrounding area.
H.
The proposed location and height of buildings or structures,
walls and fences, parking, loading and landscaping shall be such that
it will not interfere or discourage appropriate development or use
of land adjacent to the proposed site or unreasonably affect its value.
I.
In areas where there are patterns and similarities
in the scale and design of neighborhood structures, the scale, design
and material of the proposed structure(s) shall be compatible with
existing structures within the vicinity of the site.
J.
Adequate screening, landscaping, exterior lighting,
signs and architectural designs compatible with the neighborhood and
of appropriate size and style will be provided to protect neighborhood
properties within the vicinity of the site from any adverse impacts
that might result from the proposed use.
K.
The development will be organized in a way which reflects
the natural capabilities of the site to support such a use. Buildings,
lots and support facilities will be clustered in those portions of
the site that have the most suitable conditions for development. Environmentally
sensitive areas, such as wetlands, steep slopes, floodplains and unique
natural features, will be maintained and preserved.
L.
The development will be protective of agricultural
and open space resources.
M.
The existing landscape will be preserved in its natural
state insofar as practical by minimizing tree removal, disturbance
and compaction of soil. Landscaping will be provided to adequately
define street edges, buffer adjacent properties and break up parking
areas.
N.
As appropriate, the site will provide for recreation
areas and open space sufficient to meet the needs of users and residents
of the development.
A.
Denial. If the Planning Board determines that the proposed use would not comply with the requirements of this chapter and in particular with one or more of the standards stated in § 190-32, it shall deny the application.
B.
Approval. If the Planning Board determines that the proposed use will comply with this chapter and in particular with all of the standards stated in § 190-32 of this article, the Board may grant a special use permit for the proposed use. In rendering its decision, the Board shall issue a written decision that shall include any reasonable additional conditions imposed on the proposed use by the Board to prevent or minimize any potentially adverse impacts of the proposed use on adjacent or nearby property.
A.
The Planning Board, as a condition of granting a special
use permit, may specify its term of validity. There are three types
of permits which may be granted by the Planning Board, described as
follows:
(1)
Permanent: permits a specific use to continue indefinitely
until the specific use ceases for any reason for a period of 12 consecutive
months.
(2)
Temporary: permits a specific use to continue until
a specific date, at which time the special use permit shall automatically
terminate and the use shall be permanently discontinued. This type
shall not be renewable.
(3)
Renewable: permits a specific use to continue until
a specific date, unless renewed or extended by the Planning Board
for an additional period of time. If not extended, the use shall be
permanently discontinued. It is the responsibility of the applicant
and not the Town of Greenwich, or any board, officer or employee thereof,
to initiate the request for the renewal or extension prior to the
expiration of the original term of such renewable special use permit.
If not extended or renewed prior to the date set for expiration, the
right to continue such special use shall terminate on such expiration
date, subject to the right of the applicant to seek an extension or
renewal. Applications for permit extensions or renewals shall be made
on the applicable form provided by the Town of Greenwich. The application
shall include an affirmation that there have been no changes in the
use since the date of the original approval. The Planning Board may
waive the public hearing for extension or renewal of a special permit.
[Amended 12-28-2016 by L.L. No. 10-2017]
B.
Any applicant who receives a temporary or renewable
special use permit and who decides to proceed with the special use
does so realizing that the temporary special use permit has a fixed
duration, that all rights to continue that use terminate upon the
expiration of the specified time, and that the renewable special use
permit may not be extended beyond its original term without approval
pursuant to this section. The applicant, in accepting a temporary
or renewable special use permit, acknowledges and agrees that such
special use permit confers no rights or privileges other than those
specifically contained therein.
A.
No special use permit shall be valid for a period
longer than one year from the date of issuance if construction of
the special use has not begun. If construction of the special use
has actually begun within the first year and is thereafter diligently
pursued to completion within the second year, the special use permit
shall remain in force. In the event that construction has not been
completed two years from the date of the special permit issuance,
the special use permit shall expire, unless extended by the Planning
Board.
B.
One or more extensions of said time, each not to exceed
one year, may be granted by the Planning Board to extend the effective
life of a special permit if the facts which supported the granting
of the permit have not materially changed.
A special use permit authorizes only the activity
expressly described in the application and approved permit materials.
A special use permit shall expire upon change in property ownership
or property transfer, unless the official is notified by the owner,
in writing, prior to property transfer and the Planning Board reviews
the use or activity and special permit documents and is satisfied
that the use has and is being conducted in a manner that is consistent
with the special permit and any conditions which may have been stipulated
at the time of its issuance and approves, in writing, the transfer
of the special use permit. Lack of reply from the Planning Board within
30 days of notification by the property owner shall constitute approval
of the continuation of the special use permit. A new special use permit
shall be required for any expansion, alteration or variation of a
use already authorized by a special use permit. A request for such
a permit shall be subject to the application and review procedures
described in this article.
