A.
The Planning Board shall have all the powers and perform all the
duties prescribed by state statute and by this chapter.
B.
The Planning Board consists of seven members serving staggered term
of seven years each. A vacancy occurring for reasons other than expiration
of a term shall be filed by the Town Board by appointment for the
expired term. The members, the Chairperson and the Vice Chairperson
of such Planning Board shall be appointed by the Supervisor of the
Town subject to the Town Board approval.
C.
The Town Board may provide for compensation of Planning Board members.
The Town Board shall require Planning Board members to complete training
and continuing education courses in accordance with state requirements
and any local requirements for the training of such members.
D.
Town Board eligibility. No person who is a member of the Town Board
shall be eligible for membership on the Planning Board.
E.
Chairperson duties. All meetings of the Planning Board shall be held
at the call of the Chairperson and at such other times as such Planning
Board may determine. Such Chairperson or, in his or her absence, the
Vice Chairperson, may administer oaths and compel the attendance of
witnesses.
G.
Appointment of alternate members to Planning Board.
(1)
Declaration of policy. It is sometimes difficult to maintain a quorum
or a full board on the Planning Board because members are ill or are
on extended vacation or find they have a conflict of interest situation
on a specific matter before such board. In such instances, official
business cannot be conducted if there is not a quorum or be fully
reviewed if there is not a full board, which may delay or impede adherence
to required timeliness The use of alternate members in such instances
is hereby authorized pursuant to the provisions of this section.
[Amended 3-4-2009 by L.L. No. 2-2009]
(2)
Alternate members of the Planning Board shall be appointed by the
Town Board or other duly authorized appointing authority for a term
of seven years.
(3)
The Chairperson of the Planning Board may designate an alternate
to substitute for a member when such member is unable to participate
due to a conflict of interest on an application or matter before such
board or when a member notifies the Chair that he or she will be absent
for two or more consecutive meetings. When so designated, the alternate
member shall possess all of the powers and responsibilities of such
member of the board. Such designation shall be entered into the minutes
of the initial Planning Board meeting at which the substitution is
made.
[Amended 3-4-2009 by L.L. No. 2-2009]
(4)
All provisions of state law relating to planning board member eligibility,
vacancy in office, removal, compatibility of office and service on
other boards, as well as any provisions of a local law relating to
training, continuing education, compensation and attendance, shall
also apply to alternate members.
H.
Powers and duties.
(1)
Rules and regulations. The Planning Board may recommend to the Town
Board regulations relating to any subject matter over which the Planning
Board has jurisdiction under this chapter or any other statute or
under any local law of the Town. Adoption of any such recommendations
by the Town Board shall be by local law.
(2)
Report on referred matters. The Town Board may seek input from the
Planning Board where its input would help the Board make a more informed
decision. The Town Board may by resolution provide for the referral
of any matter or class of matters to the Planning Board before final
action is taken thereon by the Town Board or other office or officer
of the Town having final authority. The Town Board may further stipulate
that final action shall not be taken until the Planning Board has
submitted its report or until after the Planning Board has exceeded
the time period set by the Town Board for the Planning Board to submit
its report.
(3)
The Planning Board shall perform the following functions:
(a)
Hear and decide on the issuance of special use permits for those uses specifically listed as requiring such a permit in the provisions of § 245-34 below.
(c)
Review and submit advisory opinions concerning applications
for variances and amendments to the zoning regulations, as required
by this chapter.
(d)
All resolutions or official actions of the Planning Board shall
require the concurring vote of a majority of the Board.
I.
Referral to County Planning Board. Any application to the Planning Board involving real property lying within 500 feet of any of the features listed under § 245-47B shall be referred to the Ulster County Planning Board prior to final action in accord with §§ 239-m and 239-n of the General Municipal Law. The Planning Board shall not make a decision until it has received comment from the Ulster County Planning Board or until 30 days have elapsed.
A.
Purpose.
(1)
The purpose of this section is to allow the proper integration of
uses into the community based on their characteristics or the special
characteristics of the area in which they are to be located; to allow
the Town to accommodate growth without creating an adverse effect
on the Town and its citizens and taxpayers; to protect the health,
safety and welfare of the citizens; and to promote consistency with
the goals and objectives of the Town of Saugerties Comprehensive Plan.
(2)
Applicability. This provision applies to all applications for uses
that require site plan review and to those uses that require a special
use permit as indicated in this chapter.
(3)
When approval is required.
(a)
No building permit or certificate of occupancy shall be issued
for the following categories of use or building prior to the review
and approval of a site development plan by the Planning Board in accord
with the provisions of this section:
[1]
Any new residential building containing more than four dwelling
units;
[2]
Any new nonresidential structure or any new use of open space
in the Town of Saugerties, regardless of size, for any nonresidential
activity or planned nonresidential activity;
[3]
Any addition to an existing nonresidential structure where the
proposed new addition is in excess of 2,000 square feet;
[4]
Any structure or use which requires or proposes to provide more
than 15 off-street parking spaces; or
[5]
Any use requiring a special use permit.
(b)
Any amendment of the site plan for a use listed above must also
be approved by the Planning Board. No certificate of occupancy shall
be issued for any structure or use of land within the purview of this
section unless the structure is constructed or used, or the land is
developed or used, in conformity with an approved site plan or an
amendment of any such plan.
B.
Site plan review and approval procedure.
(1)
Application shall be made to the Planning Board using forms supplied
by the Town Clerk and delivered to the Building Inspector.
(2)
Prior to formal submission of a detailed site plan, applicants shall
schedule a sketch plan conference.
(3)
The purpose of the sketch plan conference is to allow the Planning
Board to review the basic site design concept, provide the applicant
with constructive suggestions, and generally, to determine the information
to be required for the site plan. In order to accomplish these objectives,
the applicant must provide the following:
(a)
A brief narrative and preliminary concept showing the locations
and dimensions of principal and accessory structures, parking areas,
and other planned features and any anticipated changes in the existing
topography and natural features.
(b)
A sketch or map of the area which clearly shows the location
of the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features within 200 feet, and a topographic
or contour map of adequate scale and detail to show site topography
and existing natural conditions.
(c)
If the Planning Board determines that the information submitted
for the sketch plan is sufficient, it may, at its discretion, conduct
site plan review at the sketch plan meeting without requiring additional
information or scheduling a separate site plan meeting.
(d)
If additional information is requested by the Planning Board
after the sketch plan conference, a complete application shall be
submitted to the Building Inspector.
C.
Application content.
(1)
The Planning Board may request that the applicant provide the information
requested at the sketch plan conference and may further request all
of the items from the following list. The Planning Board is not limited
to this list and may request any additional information it deems necessary
or appropriate. In determining the amount of information it will require,
the Planning Board will consider the type of use, its location, and
the size and potential impact of the project. The Planning Board may
waive any items listed below if it feels that they do not apply to
the application submitted.
(2)
Site plan checklist:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
Boundaries of the property, plotted to scale, and including
North arrow, scale and date.
(c)
Existing watercourses and wetlands.
(d)
Grading and drainage plan showing existing and proposed contours.
(e)
Location, design and type of construction, proposed use and
exterior dimensions of all buildings.
(f)
Location, design and type of construction of all parking and
truck-loading areas showing access and egress.
(g)
Provisions for pedestrian access.
(h)
Location, type and screening details of waste disposal containers
and outdoor storage areas.
(i)
Location, design and construction materials of all existing
or proposed site improvements, including drains, culverts, retaining
walls and fences.
(j)
Description of the method of sewage disposal and location.
(k)
Description of the method of securing public water and location,
design and construction materials of such facilities.
(l)
Location of fire and other emergency zones, including the location
of fire hydrants.
(m)
Location, design and construction materials of all energy distribution
facilities, including electrical, gas and solar energy.
(n)
Location, height, size, materials and design of all proposed
signage.
(o)
Location and proposed development of all buffer areas, including
existing vegetation cover.
(p)
Location and design of outdoor lighting facilities.
(q)
Location, height, intensity and bulb type of all external lighting
fixtures.
(r)
Direction of illumination and methods to eliminate glare onto
adjoining properties.
(s)
Identification of the location and amount of building area proposed
for retail sales or similar commercial activity.
(t)
Proposed limit of clearing, showing existing vegetation including
individual trees with a DBH of six inches or greater within the clearing
line.
(u)
Landscaping plan and planting schedule.
(v)
Estimated project construction schedule.
(w)
Record of application for and approval status of all necessary
permits from state and county agencies.
(x)
Identification of any state or county permits required for the
project's execution.
(y)
Other elements integral to the proposed development as considered
necessary by the Planning Board.
(z)
Stormwater management plan.
(3)
Environmental review. Applications for site plan review and approval
shall be accompanied by a short-form or a long-form EAF or a draft
EIS, as required by SEQRA.
D.
Planning Board action on site plan application.
(1)
Site inspections. The Planning Board, and any such persons as it
may designate, may conduct such examinations, tests and other inspections
of the site(s) which are the subjects of such applications as the
Planning Board deems necessary and appropriate.
(2)
Public hearing.
(b)
In determining whether a public hearing is necessary, the Planning
Board shall be guided by the expected level of public interest in
the project.
(c)
Applicants may request a public hearing. When an applicant requests
a public hearing, no site plan review project may be disapproved without
such a hearing.
(d)
Notice. The Planning Board shall notice the public hearing by
publication in the official newspaper at least five days prior to
the date of the public hearing.
(3)
Professional assistance. The Town finds that the volunteer members
may need professional assistance to make informed decisions. The Planning
Board may engage the services of professional consultants during site
plan review at the expense of the applicant. The cost of said review
shall not exceed 3% of the project value. The cost is separate from
any other fees or from costs associated with SEQRA review.
(4)
If the applicant requires a special use permit, the Planning Board
shall refer to this chapter.
(5)
Planning Board decision.
(a)
The Planning Board shall render a decision within 62 days after
a required public hearing or within 62 days after the receipt of a
complete application where no public hearing was required.
(b)
The Planning Board shall approve, approve with modifications,
or disapprove.
(c)
The Planning Board's review of the site plan shall include,
but is not limited to, the following considerations:
[1]
Conformity to the Town of Saugerties' Design Guidelines (as
may be adopted).
[2]
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs. Lighting design shall restrict light
spillage onto adjoining properties.
[3]
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
[4]
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
[5]
Adequacy and arrangement of pedestrian traffic access and circulation,
sidewalks and walkway structures, control of intersections with vehicular
traffic, and overall pedestrian convenience.
[6]
Adequacy of stormwater and drainage facilities.
[7]
Adequacy of water supply and sewage disposal facilities.
[8]
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
Existing trees 12 inches or more in diameter at breast height (dbh)
shall be preserved to the maximum extent practical.
[9]
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
[10]
Special attention to the adequacy and impact of
structures, roadways and landscaping in areas with susceptibility
to ponding, flooding and/or erosion.
(7)
No approval or approval with conditions shall be granted until the
Planning Board determines that the applicant is in compliance with
all other provisions of this chapter.
E.
Filing of decision.
(1)
The Planning Board shall notify the applicant in writing of its decision.
(2)
The decision of the Planning Board shall immediately be filed in
the office of the Town Clerk and a copy thereof mailed to the applicant.
(3)
The Planning Board, in conjunction with its approval of any site
plan review project, may impose such requirements and conditions as
are allowable within the proper exercise of the police power, including
the restriction of land against further development of principal buildings,
whether by deed restriction, restrictive covenant, or other similar
appropriate means, to ensure that guidelines as to intensity of development
as provided in this chapter shall be respected.
(4)
The Planning Board may impose reasonable conditions, such as performance
bonds or escrow accounts, to ensure that the project will be adequately
supported by services and improvements made necessary by the project
and to ensure that the project will be completed in accordance with
the requirements and conditions authorized under this chapter. In
addition, the Planning Board may require that the Building Inspector
incorporate any such requirements and conditions in any permit issued
with regard to such site plan review project.
(5)
Upon approval of the site plan and payment by the applicant of all
fees and reimbursable expenses due to the Town, the Planning Board
shall endorse its approval on a copy of the final site plan and shall
forward a copy to the applicant and the Building Inspector and file
same with the Town Clerk. Upon disapproval of a site plan, the Planning
Board shall so inform the Building Inspector, and the Building Inspector
shall deny a building permit to the applicant.
F.
Applicant's
responsibility before site disturbance. Any applicant who obtains
site plan approval from the Town Planning Board shall notify the Town
Planning Board at least 30 days before said applicant causes any site
disturbance associated with the site plan for the purposes of establishing
an escrow account and follow the Town Board's procedures for bonding,
inspections and other necessary professional fees that may be incurred
by the Town of Saugerties with respect to the applicant's site plan
development.[3]
G.
Time limit
on validity of approval. Approval of a site plan by the Planning Board
shall be valid for a period of one year from the date thereof for
the purpose of obtaining a building permit. Failure to secure a building
permit during this period shall cause the site plan to become null
and void. Upon application, the Planning Board may extend the time
limit on the validity of the approval to not more than two years from
the date of original approval.
[Added 7-15-2009 by L.L. No. 5-2009]
A.
Intent.
(1)
The intent of this section is to set forth additional requirements
which shall apply to certain land uses and activities which, due to
their characteristics or the special characteristics of the area in
which they are to be located, require special consideration so that
they may be properly located and planned with respect to the objectives
of this chapter and their effect on the surrounding properties and
community character.
(2)
The primary purpose of special use permit review is to ensure compatibility
with the surrounding neighborhood and to ensure the long-term benefit
of the use to the Town.
(3)
Applicability. This section applies to all uses that require a special
use permit as indicated in this chapter.
(4)
Pursuant to an application, either directly or through the Building
Inspector, the Planning Board is hereby authorized to issue a special
use permit only for a use specifically listed as requiring such permit
in the district in which it is proposed, subject to the following
regulations and procedures:
(a)
Each application for a special use permit shall be submitted in the number of copies and form prescribed by the Board, accompanied by a fee in accord with a schedule adopted by the Town Board, and shall include the following data. The Planning Board, at the request of the applicant, may waive such information as it deems not relevant to its review or which would cause unusual hardship to obtain. Application for a special use permit shall also constitute simultaneous application for site plan approval in accord with § 245-33.
B.
Basic data.
(1)
Legal data.
(a)
The names of all owners of record of the property in question
and of all adjacent property and the lot, block and section number
of such properties as shown on the Town tax assessment maps.
(b)
Existing zoning and special district boundaries.
(c)
Boundaries of the property, building or setback lines, if different
from those required in the chapter, and lines of existing streets
and lots as shown on the tax assessment maps. Reservations, easements
and areas dedicated to public use shall also be shown.
(2)
Existing buildings. A plan showing the location of existing buildings
on the site and on adjacent property if within 100 feet of the property
line.
(3)
Development data:
(a)
Title of development, date, North point, scale, name and address
of record owner, and name of preparer.
(b)
The proposed use or uses of land and buildings and proposed
height and location of buildings.
(c)
All existing and proposed means of vehicular ingress and egress
to and from the site onto public streets.
(d)
The location and design of any off-street parking areas or loading
areas.
(e)
The location of all proposed waterlines, valves and hydrants
and of all sewer lines or alternative means of water supply and sewage
disposal and treatment.
(f)
The proposed location, direction, power and hours of operation
of proposed outdoor lighting.
(g)
The proposed screening and landscaping plan.
(h)
Proposed stormwater drainage systems and erosion control plans.
C.
Additional data which may be required. Where, due to special conditions
peculiar to a site or the size, nature and complexity of the proposed
use or development of land or buildings, the Planning Board finds
that all or portions of the additional data listed below are necessary
for proper review of the application, it may require any or all of
the data below to be included in the required submission.
(4)
Development data. All proposed lots, easements, and public and private
recreation areas. All proposed streets with profiles indicating grading,
and cross sections showing width of sidewalk, and locations and size
of utility lines. All lengths shall be in feet and decimals of a foot,
and all angles shall be given to the nearest 10 seconds or closer.
(5)
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 209 of this Code shall be required for site plan approval when land disturbance is one acre or more. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 209. The approved site plan shall be consistent with the provisions of Chapter 209.[2]
D.
Special use permit standards.
(1)
All uses allowed subject to special use permit approval are hereby
declared to possess characteristics of such unique and special form
that each specific use shall be considered as an individual case.
Special use permit uses are specifically declared to be allowed within
the district in which they are located, provided the Planning Board
makes a written finding that the individual case meets the special
use permit approval standards of this article.
(2)
In granting any special use permit, the Planning Board shall take
into consideration the public health, safety and general welfare and
the comfort and convenience of the public in general in the Town and
of the immediate neighborhood in particular. The Board may require
modifications and/or conditions to development proposals, submission
of alternative design and layout proposals, and may attach reasonable
conditions and safeguards to eliminate or minimize potential impacts
as a precondition of its approval. Before making a decision on whether
to approve, approve with modifications, or disapprove a special use
permit, the Planning Board shall give specific consideration to the
following:
(b)
Fire and explosion hazards. All activities involving the storage
of flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion. Methods of
prevention and suppression of these hazards shall be approved by the
local officials responsible for fire prevention and public safety.
(c)
Radioactivity or electrical disturbance. No activities shall
be permitted which emit dangerous radioactivity or electrical disturbance
that will jeopardize the health of any employee or adjacent resident
or property or otherwise adversely affect the operation of any equipment
other than that on the premises.
(d)
Noise. The maximum noise level at the property line applicable
to the use involved shall not exceed 70 dBa as measured in accord
with the procedure specified by the American National Standards Institute.
(e)
Vibration. No vibration shall be permitted which is detectable,
other than by instrument, at the property line.
(f)
Glare. No direct or reflective glare from any lighting or process
shall be permitted where such will interfere with traffic safety or
the useful enjoyment of adjoining properties.
(g)
Smoke. No emission shall be permitted of a shade equal to or
darker than Ringelmann Smoke Chart No. 2.
(h)
Odors. No emission of odorous gases or other matter shall be
permitted in a quantity or of a type that permits it to be detectable,
other than by instrument, at the property line.
(i)
Other forms of air pollution. No emission of fly ash, dust,
smoke, vapors, gases or other forms of air pollution shall be permitted
which can jeopardize human health, animal or vegetable life or which
otherwise contributes to the deterioration of or detracts from adjacent
properties. This includes construction-related dust and odors.
(j)
Discharge of water. No polluting or objectionable waste shall
be discharged into any stream or other natural drainage channel or
upon the land that will in any way interfere with the quality, operation
or continuation of these natural systems or contribute to their despoliation.
(k)
Traffic access. All proposed traffic accessways shall be adequate
but not excessive in number; adequate in width, grade and alignment
and visibility; shall be sufficiently separated from street intersections
and other places of public assembly; and shall meet other similar
safety considerations.
(l)
Parking. Adequate off-street parking and loading spaces shall
be provided in accordance with this chapter to prevent parking in
public streets of the vehicles of any persons connected with or visiting
the use. Shared parking is encouraged where the peak parking demands
of different uses occur at various times of the day. Use of a widely
accepted means of projecting demand for shared use, such as the Urban
Land Institute's Shared Parking Report, shall be employed to demonstrate
shared parking effects.
(m)
Circulation. The interior circulation system shall be adequate
to provide safe accessibility to all required off-street parking and
to provide for the convenience and safety of vehicular, pedestrian
and bicycle movement within the site and in relation to adjacent areas
or roads.
(n)
Landscaping and screening. All parking and service areas shall
be reasonably screened during all seasons of the year from the view
of adjacent residential lots and streets, and the general landscaping
of the site shall be in character with that generally prevailing in
the neighborhood. Existing trees 12 inches or more in diameter at
breast height (dbh) shall be preserved to the maximum extent practical.
(o)
Character and appearance. The character and appearance of the
proposed use, buildings, structures, outdoor signs, and lighting shall
be in general harmony with the character and appearance of the surrounding
neighborhood and of the Town of Saugerties and shall not adversely
affect the general welfare of the inhabitants of the Town.
(p)
Historic and natural resources. The proposed use shall be designed
and shall be carried out in a manner that protects historic and natural
environmental features on the site under review and in adjacent areas.
(q)
Sewage treatment and water supply. The adequacy of available
sewage disposal and water supply services supporting the proposed
activity or use shall be sufficient to meet the needs of the proposed
activity or use. This consideration shall include, but not be limited
to, the suitability of water supply and sanitary sewage facilities
to accommodate the intended use and adequate means to protect surface
and groundwater from pollution.
(r)
Emergency services. All proposed buildings, structures, equipment,
and/or material shall be readily accessible for fire, police, and
other emergency service protection.
(s)
Nuisances. The proposed use shall not be more objectionable
to nearby property owners or occupants by reason of noise, fumes,
vibration or lighting than would be the operations of a permitted
use.
(t)
Size and scale. The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, the size of the site in relation to the use, its site layout
and its relation to existing and future 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, or conflict with the normal
traffic of the neighborhood.
(u)
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.
(v)
The design of structures and the operation of the use (including
hours of operation) shall ensure compatibility with surrounding uses
and with the scenic and visual characteristics of the Town.
(w)
Compatibility of the proposed use with the principles of the
district, the purposes set forth in this chapter, and the goals of
the Comprehensive Plan.
(x)
Conformity to the Town of Saugerties' Design Guidelines (as
may be adopted).
(y)
Additional safeguards and conditions. The Planning Board shall
impose additional conditions and safeguards upon the special use permit
as may be reasonably necessary to assure continual conformance to
all applicable standards and requirements, including temporary limitations
and reasonable assurances that these conditions and safeguards can
be responsibly monitored and enforced.
(3)
Measurement of standards. The determination of the existence of any
dangerous or objectionable element shall be made at:
(4)
Noncomplying uses deemed prohibited. Any use that is unable to meet
the performance standards required in this section, as determined
by the Planning Board, shall be deemed a prohibited use and a special
use permit shall be denied by said Board.
E.
Planning Board action.
(1)
Site plan approval. All special use permit review and approval shall occur concurrently with site plan review. Applicants shall refer to § 245-33, Site plan review, for application content.
(2)
Public hearing. The Planning Board will schedule a public hearing
within 62 days of the date of the meeting at which the application
was considered complete for receipt by the Planning Board.
(a)
Notice of the public hearing shall be published twice in the
official newspaper of the Town. The two notices shall be published
at least seven days apart, and the last notice shall appear at least
five days prior to the date of such hearing. In addition, the Planning
Board shall cause a notice of such hearing and an explanation of the
proposal to be mailed to the owners of all property within 500 feet
of the subject property. Such notices shall be sent to the owner's
last known address as shown on the most recent Town tax assessment
records and mailed by certified mail, return receipt requested, at
least 20 days prior to such public hearing.
(b)
The Planning Board may 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 special use permit is
under consideration by the Board. All notices 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 application will
be reviewed. The cost of the notification shall be billed to the applicant.
(c)
After the conclusion of a public hearing for a special use permit,
including site plan approval, the Planning Board shall grant, deny
or grant subject to conditions the special use permit within 62 days.
(3)
The conditions for granting a special use permit will contain any
modification or conditions to the site plan that the Planning Board
deems necessary to conform to the criteria established below.
(4)
The decision of the Planning Board shall be filed in the office of
the Clerk and a copy thereof mailed to the applicant.
A.
A special use permit shall be deemed to authorize only the particular
special use or uses specified therein.
B.
A special use permit will expire if the applicant fails to obtain
a building permit or fails to comply with the conditions of the special
use permit within 12 months from when the approval was granted (unless
other provisions are set forth by the Planning Board in connection
with its approval).
C.
A special use permit will expire if the special use or uses shall
cease for any reason for more than 24 consecutive months.
D.
A special use permit may be revoked by the Planning Board if the
conditions of the special use permit are violated.
E.
Any violation of the conditions of a special use permit or a violation
of any applicable performance criteria of this chapter shall be deemed
a violation of this chapter and shall be subject to enforcement action
as provided herein.
F.
All special use permits shall run with the land and will be transferred
to successive property owners, provided the permit has not expired
and it is not revoked for failure to meet the permit conditions.
