Uses specified as special uses under Article
IV, District Regulations, of this chapter shall be permitted only after review and approval by the Town of Liberty Planning Board pursuant to the express standards and criteria set forth below:
A. The proposed use shall be in harmony with purposes, goals, objectives
and standards of the Town of Liberty Comprehensive Plan, this chapter
and all other regulations of the Town of Liberty.
B. The proposed use at the proposed location shall not result
in a substantial or undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, public
improvements, public sites or right-of-way, or other matters affecting
the public health, safety and general welfare, either as they now
exist or as they may in the future be developed as a result of the
implementation of the Comprehensive Plan, this chapter, or any other
plan, program, map or ordinance of the Town of Liberty or other government
agencies having jurisdiction to guide growth and development.
C. The proposed use shall not impose an undue burden on any of the improvements,
facilities, utilities and services of the Town, whether such services
are provided by the Town or some other agency. The applicant shall
be wholly responsible for providing such improvements, facilities,
utilities or services as may be required to adequately serve the proposed
use when the same are not available or adequate to service the proposed
use in the proposed location. As part of the application and as a
condition to approval of the proposed special use permit the applicant
shall be responsible for establishing ability, willingness and binding
commitment to provide such improvements, facilities, utilities and
services in sufficient time and in a manner consistent with this and
other regulations of the Town of Liberty. The permit approval shall
be so conditioned.
D. No application for issuance of a special use permit shall be approved
unless the Planning Board shall find that, in addition to complying
with each of the standards enumerated above, any of the applicable
standards of the chapter shall be met. In instances where the standards
contained herein do not adequately protect the general health, safety
and welfare of parties affected, the Board shall be obligated to impose
such conditions in issuance of a permit. Conditions which might be
imposed shall include, but not be limited to, provisions for additional
parking, traffic control, submission of landscaping plans, setbacks,
special measures addressing sales period activities and other measures
which can be effectuated to remove any potential adverse influence
the use may have on adjoining uses. In reviewing a site plan and determining
what conditions, if any, shall be attached for approval, the Planning
Board shall consider:
(1) Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(2) Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3) Location, arrangement, appearance and sufficiency of off-street parking
and loading.
(4) Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections with vehicular traffic
and overall pedestrian convenience.
(5) Adequacy of stormwater and drainage facilities (stormwater leaving
any site shall not exceed pre-development levels and facilities shall
be designed to accommodate a ten-year storm).
(6) Adequacy of water supply and sewage disposal facilities.
(7) 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.
(8) Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(9) Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.
E. The burden of proof shall remain with the applicant to show compliance
with all standards and the burden shall never shift to the Town.