Town of Colden, NY Special Use Permits

All applications for special use permits shall be made to the Town Clerk. The Town Clerk, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Town Board for action thereon. At the same time, the Town Clerk shall transmit one copy of the application and all supporting documents to the Planning Board for review of the site plan and for an evaluation of the proposed use and its relationship and conformity with the goals and objectives and policies established by the Comprehensive Master Plan. One copy also shall be transmitted to the Town Environmental Board for report and recommendation to the Town Board. The Planning Board and the Environmental Board shall review the application and, within 60 days after receipt of the application, shall make a written report to the Town Board, setting forth their findings and recommendations concerning the application. Should the Planning and Environmental Boards fail to submit said report, the Town Board shall hold a public hearing as set forth in the following Subsection A(2). Compliance with General Municipal Law § 239-m requires that the Erie County Department of Environment and Planning receive notice of all special use permit applications. The county has 30 days in which to respond.

The Town Board shall conduct a public hearing on said application upon 10 days' notice, not later than 90 days after receipt of the application. Within 30 days from the date of such public hearing, the Town Board shall, by resolution, either approve or disapprove the application so heard. In approving an application, the Town Board may impose those modifications or conditions specified in this chapter to protect the health, safety or general welfare of the public.

If an application is approved by the Town Board, the Town Clerk shall be furnished with a copy of the approving resolution of the Board and shall issue the permit applied for in accordance with the conditions imposed by the Town Board.

If any application is disapproved by the Town Board, the reasons for such denial shall be set forth in the Board's resolution, and a copy of such resolution shall be transmitted to the Town Clerk. The Town Clerk shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.

The Town Clerk shall transmit one copy of all approved and disapproved applications to the Town of Colden Planning Board and the Environmental Board and also one copy of all approved applications to the Town Assessor and the Code Enforcement Officer.

Application details.

Each application shall be accompanied by proof of written notice that a copy of each application has been mailed to all of the landowners immediately adjacent to the subject premises extending 500 feet therefrom in all direction.

[Amended 7-13-2000 by L.L. No. 2-2000]

In the event of a written protest against such permit, subscribed and acknowledged by 20% of the landowners either of the area of the land that is immediately adjacent extending 1,250 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such permit shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.

[Amended 7-13-2000 by L.L. No. 2-2000]

Each application shall be accompanied by written approval of the proposed water and sanitary facilities by the Erie County Health Department, if such approval is applicable.

Each application for a special use permit shall be made in triplicate and with an accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans:

(a)

The location, use, design and dimensions and height of each structure and building, as well as the relationship of the proposal to the topography.

(b)

The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading.

(c)

The location and dimensions of walkways and other areas established for pedestrian use.

(d)

The design and treatment of open areas, buffer areas and screening devices to be maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices and of all areas to remain in their natural state.

(e)

A written description and plans for water supply, sewage disposal and storm drainage with evidence of acceptability by the Erie County Health Department.

(f)

Pursuant to New York State law, the applicant for a special use permit must fill out and file with the Town Clerk a SEQRA short form.

(g)

Such other data and plans as the Building Inspector or the Planning Board may require to properly take action on the application.

(h)

Special use permit application fee of $25.

In its review of a special use permit and application, the Planning Board and/or the Town Board may require additional information to be supplied by the applicant relating to, among possibly others, the relationship of the proposed special use to factors, such as public safety, noise, glare, traffic impact, operational schedule of the special use and the public welfare.

§ 108-123 Expiration.

A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than one year.

§ 108-124 Conditions.

Telecommunications facilities, as defined in this chapter, shall be subject to the conditions set forth in Chapter 96.

[Amended 11-6-1997 by L.L. No. 8-1997]

Minimum lot size shall be sufficient to contain all guy wires, anchors or other supports.

Engineering and construction data must be submitted which will demonstrate that the tower is properly designed, fabricated and erected.

All such structures shall have adequate anticlimbing devices or shall be completely enclosed from the public with an eight-foot fence, and all supports shall be adequately marked for visibility.

Design must provide for adequate protection of the public from high-voltage or radio frequency energy waves.

Evidence shall be required demonstrating that the operation of the tower shall not cause interference with other private or commercial transmitting or receiving facilities, including residential television sets, CB, radio, etc.

(6)

Said structures shall be constructed in an area which would minimize danger of collapse to surrounding land uses.

(7)

Special consideration shall be given to the aesthetic impact upon the particular area and the township in general.

(8)

The applicant must provide proof of compliance with regulations of the Federal Aviation Agency and appropriate state or local agencies regulating safety of aircraft.

(9)

The application for all transmitting facilities shall include the station license issued by the Federal Communications Commission.

(10)

The permit shall require that the lessee or landowner shall be responsible for dismantling of the structure in the event of the cessation of operations.

Dog kennels.

Minimum tract size shall be three acres.

The kennel shall not be located within 100 feet of the property line and shall be so situated on the lot as to be the greatest distance from structures on adjoining lots.

The permit shall expire one year from date of issuance and may be renewed annually.

Private airport.

Minimum tract size shall be 25 acres.

The Town Board shall make special requirements to protect the adjoining landowners and domestic animals and fowl from unreasonable noise and danger of accident by reason of low-flying aircraft and the storage of fuel therefor.

Two or more seasonal cottages or cabins for use of the owner thereof or rented to others. Each cabin must be located on a legal lot with proper access according to the Zoning Code.

Picnic grounds or grove for which a fee or rental is charged for the use of the premises, excluding all amusement devices other than customary playground apparatus, shall require a special use permit.

Junkyards shall be a minimum of 50 acres with no portion thereof less than 250 feet from any lot line and further subject to Chapter 67, Junkyards, of the Code of the Town of Colden as now existing or hereafter amended.

[Amended 5-9-2002 by L.L. No. 1-2002]

Windmills shall have the base thereof no less than 100 feet from any property line or a distance equal to the height of the windmill, whichever is greater.

Public events.

[Added 8-14-1997 by L.L. No. 6-1997]

A permit shall be required for the use for an event which is open to the public and which occurs outside of a permanent, enclosed building. This subsection shall apply to individuals, corporations, associations or nonprofit or religious organizations, as well, and shall apply regardless of the duration of the events. If the applicant is not the owner of the premises to be used, the Town Board may require, in its discretion, that the owner join in the application and that said owner shall be jointly and severally liable for the performance of the terms and conditions of the permit and for violation of the same.

Public events shall include but are not limited to the following: carnivals, picnics, flea markets, exhibitions, displays, contests, races, dances or other forms of social entertainment meetings or any other form of public assembly, whether religious or secular in nature.

The Town Board shall inquire into the following matters from each applicant:

(a)

The means and adequacy of measures to deal with noise, odor or other nuisance caused to surrounding properties and residents.

(b)

The means and adequacy of means to deal with traffic problems and parking.

(c)

Character of the neighborhood or area where event shall take place.

(d)

The means and adequacy of sanitary and garbage disposal and other matters which concern the public health.

(e)

The means and adequacy of measures to deal with the possibility of a public disturbance, riot or individual disorderly or criminal conduct, both at the event and in the area immediately surrounding the event, and other matters which concern the public order.

(f)

The possibility of creation or maintenance of hazard from fire, explosions, high voltage or other danger intrinsic in the nature of the event; and the means and adequacy of fire protection, general safety precautions, first aid and emergency treatment and transportation; and other matters which affect the public safety.

(g)

The character, reputation and financial responsibility of the applicant and any operators or subtenants, as demonstrated by the absence of criminal records, reliable written references and certified financial data and references.

(h)

The possibility of the creation, maintenance or increase of damage to the environment either temporary or permanent in nature.

(i)

No permit shall be issued hereunder for a use of land which would be inappropriate to the letter or spirit of the zoning regulations for the zoning district in which the land is situated, unless the applicant can demonstrate that no other suitable site is available in an appropriate zone.

The Town Board shall require a certificate of liability insurance in an amount and character which, in its sole discretion, it may deem reasonable and necessary for the protection of the public under the circumstances.

The Town Board may impose conditions on the issuance of a permit and may require a bond from the applicant in order to secure the performances of said conditions and the performance of returning the land to the original use and status which existed before the event.

Adult bookstores.

[Added 7-9-2009 by L.L. No. 3-2009]

A special use permit shall be required for such use. All activities shall be within an enclosed structure with outside signage indicating the use being subject to approval by the Town Board.

May be located only in C-Commercial Districts.

May not be located within 1,500 feet of schools, town parks, churches, clubs, organized affairs and entertainment facilities such as ski areas, and areas where children regularly meet and congregate.

The Town Board shall inquire into the following matters from each applicant:

(a)

The character of the neighborhood or area where the use will be located.

(b)

The character, reputation and financial responsibility of the applicant as demonstrated by the absence of criminal records and reliable written references.