All special uses shall require review and approval of a special use permit by the Planning Board before a land use and development permit may be issued. A special use is considered to be an allowable use in a district, provided that sufficient conditions and safeguards are established to protect the health, safety and welfare of the public in general and the residents of the surrounding area in particular. In its review, the Planning Board shall have the authority to attach such conditions and safeguards as it deems appropriate in order for the proposed use to comply with the following general and specific standards. No special use shall be approved unless the standards contained in this article are met.
The Planning Board of the Village of Fort Edward is hereby authorized to review and approve, approve with modifications or disapprove proposed special uses in accordance with the standards set forth in Article VI herein.
As part of its review and approval of a special use, the Planning Board shall review and approve a site plan for the proposed use in accordance with the site plan review provisions of this chapter.
All applications for special use approval shall consist of the following:
A. 
Site plan map.
(1) 
Three copies of a site plan map (one to be retained for Village records, one to be returned to the applicant and one for referral to county if necessary), drawn to scale, to include as applicable:
(a) 
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.
(b) 
North arrow, scale and date.
(c) 
Boundaries of the property plotted to scale.
(d) 
Existing watercourses and bodies of water.
(e) 
Proposed grading and drainage.
(f) 
Location, proposed use and height of all buildings and site improvements, including culverts, drains, retaining walls and fences.
(g) 
Location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
(h) 
Location of outdoor storage, if any.
(i) 
Description of the method of sewage disposal and location of facilities.
(j) 
Identification of water source, if applicable.
(k) 
Location, size and design and construction materials of all proposed signs.
(l) 
Location and proposed development of all buffer areas.
(m) 
Location and design of outdoor lighting facilities.
(2) 
The Board of Appeals may, at its discretion, require that such site plan be prepared by a licensed engineer or architect.
B. 
Accompanying data, to include the following as applicable:
(1) 
Application form and fee.
(2) 
Name and address of applicant and any professional advisors.
(3) 
Authorization of owner if applicant is not the owner of the property in question.
(4) 
Short environmental assessment form.
(5) 
Any additional endorsements, certifications or approvals required by the Board of Appeals.
(6) 
Other information as the Board of Appeals may reasonably require to assess the proposed project.
The Planning Board may waive one or more submission requirements in the case of minor projects of an uncomplicated nature.
The Planning Board shall review the application in accordance with the procedures specified in this chapter herein and shall render a decision to approve, disapprove or approve with modifications.
A. 
Acceptance of application. The Planning Board shall, within 45 days of the filing of a special use permit application, or at its next regular meeting after such filing, whichever is sooner, decide whether to accept the application as complete and begin the review process, or to reject the application as incomplete. If the Planning Board deems the application incomplete, rather than rejecting the application, the Planning Board may request such additional information that it deems necessary to complete the application, and provide for such time as it deems sufficient for the applicant to submit such additional information. If the Planning Board requires a draft environmental impact statement (DEIS) or if one is filed by the applicant(s), then the application shall not be deemed complete until the DEIS is filed and accepted by the Planning Board. If the Planning Board deems an application incomplete, it shall then notify the applicant(s) in writing of the deficiencies. The Planning Board may coordinate site plan review with the special use permit review.
B. 
Segmentation. The special use permit applications and associated maps shall include all proposed phases of development. Special use permit approval shall be based on the total planned project in order to facilitate the assessment of all potential development impacts. The Planning Board shall consider applications incomplete where there is reason to believe the application applies to only a segment of the total planned development. In such situations, the Planning Board shall return such application to the applicant together with a letter stating the basis for its determination.
C. 
Referral to other agencies and boards. After determining an application complete, the Planning Board, if required by § 239-m of General Municipal Law, shall refer the special use permit application to the Washington County Planning Board. If a public hearing is required or deemed necessary by the Planning Board then notice of the proposed action accompanied with a full statement must be sent to the Washington County Planning Board at least 10 days before public hearing. The Planning Board may also coordinate its review (if not otherwise required by state law) or consult with federal, state and local agencies and boards. The Planning Board will also comply with any other requirements of any applicable laws or regulations.
D. 
Public hearing. The Planning Board shall conduct a public hearing on the special use permit applications within 62 days after it has determined an application to be complete. It shall then advertise such hearing at least 10 days in advance of the public hearing in a local newspaper of general circulation. The Planning Board shall also mail a notice of the hearing to the applicant(s) and adjoining landowners at least 10 days before the hearing, and the costs of such mailing shall be borne by the applicant(s).
E. 
Decision. Within 62 days of the close of the public hearing or acceptance of the application, the Planning Board shall render a decision to approve, approve with conditions or modifications, or disapprove the special use permit application.
(1) 
Approval. Upon approval of the special use permit application and payment by the applicant(s) of all fees and reimbursable costs due to the Village, the Planning Board shall endorse its approval on a copy of the special use permit plans and immediately file a copy of the special use permit application with a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant(s) by mail.
(2) 
Approval with modifications. The Planning Board may approve the special use permit and require specific modifications be made. A copy of the written statement shall be mailed to the applicant(s) by mail. The Planning Board shall endorse its approval on a copy of the special use permit plan containing the required modifications and immediately file the special use permit plan and a written statement of approval with the Village Clerk.
(3) 
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall be immediately filed with the Village Clerk and a copy thereof mailed to the applicant(s) with a letter stating the Planning Board's reason(s) for disapproval.
F. 
Extension of time to render decision. Any time limitation in this article may be extended by mutual consent of the applicant(s) and the Planning Board.
G. 
Reimbursable costs. The Planning Board may engage its own consultants in the review of a special use permit application and ask the applicant(s) to pay its reasonable and actual costs of doing so. Such costs shall not exceed $3,500 without notification to the applicant.
In its review of a proposed special use, the Planning Board may impose any conditions it deems necessary to serve the interests of the public health, safety and general welfare and to improve compatibility with surrounding properties. Such conditions may include but shall not be limited to:
A. 
Requiring landscaping or vegetative screening.
B. 
Increasing building setback.
C. 
Limiting the size of buildings, parking areas or facilities.
D. 
Specifying the location and design of entrances, exits and off-street parking space.
E. 
Requiring that materials be stored indoors or certain activities be conducted indoors.
F. 
Requiring noise barriers.
G. 
Requiring stormwater retention ponds or other drainage and pollution control devices.
H. 
Setting forth an expiration date for such special use permit which may be one, three or five years.
A. 
Impact upon surrounding properties. The proposed use shall not cause a significant adverse impact upon nearby properties by reason of traffic, noise, fumes, odors, vibration, flashing lights, litter, surface water or groundwater contamination, air pollution, drainage, visual impact, excessive nighttime lighting, creation of a safety hazard, risk of fire or explosion or other adverse condition; nor shall the proposed use significantly impair the future development of surrounding properties.
B. 
Vehicular access. Proposed vehicular access points shall be adequate in width, grade, alignment and visibility; shall not be located too near road intersections or places of public assembly; and shall meet similar safety considerations.
C. 
Emergency vehicle access. All proposed buildings, structures, equipment and materials shall be readily accessible for fire and police protection.
D. 
Screening. Parking and loading areas which, in the judgment of the Planning Board, may have an adverse visual impact upon neighboring residential properties shall be reasonably screened by vegetation or by fencing at all seasons of the year from the view of such properties.
E. 
Drainage and erosion control. Adequate provision shall be made for drainage of the site and to ensure that stormwater runoff does not create an adverse impact upon nearby lands or waterways.
F. 
Lighting. Exterior lighting shall not be directed so that it shines onto adjoining residential properties or onto public roads. High-intensity lighting shall be minimized.
G. 
Utilities and municipal services. Adequate provision shall be made for water supply and sewerage disposal, electrical service and solid waste disposal. The proposed use shall not create a burden on municipal or county services.
H. 
Water quality. The proposed use shall not have an adverse impact upon the water quality of any watercourse.
A. 
Kennels.
(1) 
Fence. Each kennel shall have a fence surrounding said kennel with the following requirements:
(a) 
Each fence will be a minimum of six feet in height and a maximum of eight feet in height, and it is to be of consistent height.
(b) 
Each fence shall be set back at least five feet from adjoining property lines, roads, sidewalks or highways.
(2) 
Buildings. Buildings shall be of double wall construction with soundproofing.
(3) 
Waste collection. Provision shall be made for waste collection acceptable to the Planning Board.
B. 
Adult entertainment business.
(1) 
In addition to the special use permit application, an applicant for an adult entertainment use license shall file the following information:
(a) 
Current business address of the applicant.
(b) 
Current mailing address of the applicant, if different than mailing address.
(c) 
The legal name, proposed location, legal description, phone number, and mailing address of the proposed adult entertainment business.
(d) 
Written proof of age of the applicant in the form of a copy of the birth certificate and current driver's license or a duly issued passport issued by a governmental agency.
(e) 
The name and address of the statutory agent or other agent duly appointed to accept service of process on behalf of the applicant.
(f) 
A detailed floor plan, including the square footage of the building proposed to house such use, and including all details of such building, including public rooms, storage rooms, bathrooms, etc. The sketch need not be professionally prepared but shall be submitted on graph paper and be drawn to scale with all dimensions on the interior of the premises marked to an accuracy of plus or minus six inches.
(g) 
If a person who wishes to operate an adult entertainment business is an individual, he or she shall sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is a corporation or other business entity authorized and recognized to do business in the State of New York, each officer, director, general partner or other person who shall participate directly in the decisions related to the adult entertainment business shall sign the application as applicant.
(h) 
A statement by the Code Enforcement Officer that the proposed location meets with any other applicable zoning law.
(2) 
A nonrefundable initial license fee shall be collected at the time of application in the amount of $250. The renewal fee for a license hereunder shall be $125.
(3) 
Additional review criteria.
(a) 
No adult entertainment business, except for an adult motel, may remain open at any time between the hours of 12:00 midnight and 8:00 a.m. on weekdays and Saturdays, and 12:00 midnight and 12:00 noon on Sundays.
(4) 
Each special use permit for an adult entertainment business shall expire one year from the date of issuance and may be renewed only by making an application for renewal to the Planning Board. Application for renewal shall be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the expiration of the license will not be affected. If an application for renewal is denied by the Planning Board, the applicant shall not be issued a license for one year from the date of denial.
C. 
Fuel service.
(1) 
Gasoline and/or fuel pumps shall not be located closer to any side or rear lot line than the minimum setbacks for buildings as specified in this chapter.
(2) 
Adequate space shall be provided for safe pull-off, parking, waiting lines and service, so as to prevent any interference with the roadway or shoulder. Gasoline pumps shall be located at least 15 feet from the street line (front property line).
The purpose of this section is to maintain the existing visual character along Broadway and within the downtown commercial district. Within the C-1 District, all special uses shall be in general visual harmony with the surrounding properties. Building design, color, signage and landscaping shall be keeping with the neighborhood.
A. 
All junk waste as a result of servicing motor vehicles, such as discarded parts, shall be stored in an enclosed structure or fenced area so as not to be visible from the street or adjacent lots.
B. 
Junk vehicles and parts therefrom shall not be offered for sale from the premises.
A. 
All marinas shall provide and maintain, at their own expense, a parking lot of sufficient size to provide for 1 1/2 spaces per each boat docking or mooring space.
B. 
All marinas shall provide and maintain, at their own expense, adequate fire lanes allowing access by appropriate fire-fighting apparatus to all areas of the marina, including but not limited to parking lots and boat docking and mooring slips. Parking lot roads designated as fire lanes shall be maintained free of obstructions at all times.