[Added 10-1-2002 by L.L. No. 30-2002]
[Amended 8-5-2008 by L.L. No. 28-2008]
The special uses for which conformance with additional standards is required by this chapter shall be deemed to be special permit uses in their respective districts subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter, except as set forth in § 301-222A for preexisting, nonconforming single-family residences. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
A.
Special permits for special permit uses as authorized in this chapter
shall issue from the Town Board. Special permits will issue in the
form of a resolution of the Town Board, stating findings and conditions.
B.
The Town Board may condition the permit by requiring that the applicant
actually complete construction and begin the specially permitted use
in compliance with the conditions imposed by the Town Board within
a time period of from one to three years. If the Town Board fails
to specify a period to complete construction and begin the specially
permitted use, the time period to complete construction and begin
the specially permitted use shall be one year.
C.
The duration of a specially permitted use may be limited to a specified
time period as set forth in the special permit resolution of the Town
Board. If the Town Board is silent as to the duration of the specially
permitted use, then said use shall be in perpetuity.
D.
A specially permitted use which has been discontinued for a period
of one year or more shall be deemed abandoned.
Application for a special permit use shall be made to the Town
Board. Each such application shall contain the following data and
information. In addition, each application shall contain any requirements
specified by the Town of Riverhead Planning Board relating to the
special permit use application:
A.
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the site in relation to it and the location of the site with respect
to streets giving access to it. In addition, the application shall
demonstrate that the specially permitted use will be in harmony with
the appropriate and orderly development of the district in which it
is located.
B.
The location, nature and height of buildings, walls and fences and
the nature and extent of the landscaping on the site. In addition,
the application shall demonstrate that the specially permitted use
is such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
C.
The application shall demonstrate that operations in connection with
any special use will not be more objectionable to nearby properties
than would be the operations of any permitted use not requiring a
special permit.
D.
A written application, verified by the applicant, not an agent, where
the applicant is the person or entity responsible and bound for the
land use envisioned by the special permit. Where the applicant is
not the owner of the real property, the owner must join in and swear
to the truth of the application.
[Amended 5-19-2009 by L.L. No. 34-2009]
E.
A conceptual site plan showing the proposed location of all proposed
buildings, parking stalls, access locations, as well as front, rear
and side yard setbacks, signed, sealed and certified by a New York
State licensed engineer, architect or licensed land surveyor.
F.
A list of property owners based upon the most complete assessment
roll filed with Town of Riverhead within a radius of 500 feet of the
subject property. This requirement may be waived by the Town Board
where the special permit sought is for the construction of a single-family
dwelling. No person may object to any approval granted after notice
is served by the applicant or designated representative pursuant to
this definition, unless an objection is received by the Town Clerk,
within 30 days of the date of publication of the public notice calling
the hearing, alleging that he or she did not receive the notice provided
for in this definition. Also, an affidavit signed by the applicant
or designated representative attesting to serving the public notice
as required by this definition must be filed with the Town Clerk prior
to the holding of the public hearing.
G.
Any other information deemed by either board, in its discretion,
to be necessary for reasonable determination of the application.
H.
Expert testimony or reports by independent engineers, special counsel
or architects shall be paid for by the applicant.
I.
Any applicant filing for a special permit to erect a one-family dwelling
as authorized in this chapter may request in his or her application
waiver of any of the requirements of special use permits. The Town
Board shall have discretion to waive certain requirements upon demonstration
by the applicant that such requirements are not essential to protect
the public health, safety or general welfare.
[Amended 12-2-2003 by L.L. No. 26-2003; 7-19-2005 by L.L. No.
22-2005; 12-27-2012 by L.L. No. 33-2012; 6-7-2016 by L.L. No. 18-2016; 6-4-2019 by L.L. No. 17-2019; 9-6-2023 by L.L. No. 18-2023]
A.
Variances. The applicant must first apply to the Zoning Board of
Appeals for any variance which may be necessary. Only after the applicant
has obtained all necessary variances shall the Town Board act upon
the special permit application.
B.
Referral to Planning Board. Any application made pursuant to the
provisions of this article shall originate by an application to the
Town Board, contrary provisions notwithstanding, and may be referred
to the Planning Board upon being deemed complete by the Planning Department,
which will transmit its recommendations to the Town Board within 62
days of referral.
C.
Posting of notice. When a public hearing is scheduled by the Town
Board, the Town Clerk shall forward by certified mail a copy of the
public hearing notice to the applicant. The applicant shall erect
or cause to be erected a sign, which shall be displayed on the parcel
upon which the special permit application is made, facing each public
street to which the property abuts, giving notice that an application
has been made to the Town of Riverhead Town Board for special permit
approval, along with the time and place of the hearing. The sign shall
not be located more than 10 feet from the street line and shall not
be less than two feet nor more than six feet above the natural grade
at the street line. The sign shall be furnished by the Town Clerk
and shall be the only sign to be used. The sign shall be displayed
not less than seven days immediately preceding the public hearing
or any adjournment date. The applicant shall file an affidavit with
the Town Clerk that he/she has complied with the provisions of this
section prior to the opening of the public hearing.
D.
Town Board public hearing. After receipt of the recommendations of
the Planning Board (in the event the application was referred to the
Planning Board), the Town Board shall hold a public hearing upon public
notice and other notices as required by the Town Law. The applicant
or his/her representative shall forward a certified copy of the public
hearing notice by certified mail to all property owners within a 500-foot
radius of the subject property posted at least seven days' prior to
the date of the public hearing, and the applicant shall pay all expenses
of said hearing, including but not limited to publication costs, postage
and transcription of testimony. Public notice of said hearing shall
be printed in a newspaper of general circulation in the Town at least
five days' prior to the date thereof. All testimony at the public
hearing before the Town Board shall be given under oath. The Town
Board may require the sworn testimony of such persons as it deems
necessary for a full and complete hearing on the application. The
Town Board may adjourn the public hearing for the purpose of taking
further testimony or requiring the production of further information.
The Town Board shall decide upon the application within 62 days after
the close of the hearing. The time within which the Town Board must
render its decision may be extended by mutual consent of the applicant
and the Board. The decision of the Town Board on the application after
the close of the public hearing shall be filed in the office of the
Town Clerk within five business days after such decision is rendered,
and a copy thereof mailed to the applicant.
E.
Fees. The fee for review of a special permit application which would
result in construction of a building(s) or a disturbed area of less
than 4,000 square feet shall be $1,000. The fee for review of a special
permit application for construction of a building(s) or disturbed
area of 4,000 square feet or greater shall be $2,000. The required
fee shall be paid upon submission of the application to the Town Clerk.
The Town Board and the Planning Board may consider, among other
matters or factors which either Board may deem material, whether:
A.
The site is particularly suitable for the location of such use in
the community.
B.
The plot area is sufficient, appropriate and adequate for the use
and the reasonably anticipated operation and expansion thereof.
C.
The characteristics of the proposed use are not such that its proposed
location would be unsuitably near to a church, school, theater, recreational
area or other place of public assembly.
D.
Access facilities are adequate for the estimated traffic from public
streets and sidewalks, so as to assure the public in relation to the
general character of the neighborhood and other existing or permitted
uses within it, and to avoid traffic congestion; and further that
vehicular entrances and exits shall be clearly visible from the street
and not be within 75 feet of the intersection of street lines at a
street intersection except under unusual circumstances.
E.
All proposed curb cuts and street intersections have been approved
by the street or highway agency which has jurisdiction.
F.
Adequate provisions have been made for emergency conditions.
G.
There are off-street parking and truck loading spaces at least in
the number required by the provisions of this chapter, but in any
case, an adequate number for the anticipated number of occupants,
both employees and patrons or visitors; and further, that the layout
of the spaces and driveways are convenient and conducive to safe operation.
H.
Adequate buffer yards, landscaping, walls, fences and screening are
provided where necessary to protect adjacent properties and land uses.
I.
Where necessary, special setback, yard, height and building area
coverage requirements, or easements, rights-of-way or restrictive
covenants, shall be established.
J.
Where appropriate, a public or semipublic plaza or recreational or
other public areas will be located on the property.
K.
Adequate provisions will be made for the collection and disposal
of stormwater runoff from the site and of sanitary sewage, refuse
or other waste, whether liquid, solid, gaseous or of other character.
L.
Existing municipal services and facilities are adequate to provide
for the needs of the proposed use.
M.
The use will tend to generate or accumulate dirt or refuse or tend
to create any type of environmental pollution, including vibration,
noise, light, electrical discharges, electromagnetism, odors, smoke
or irritants, particularly where they are discernible on adjacent
properties or boundary streets.
N.
The construction, installation or operation of the proposed use is
such that there is a need for regulating the hours, days or similar
aspects of its activity.
O.
The proposed use recognizes and provides for the further special
conditions and safeguards required for particular uses as may be determined
by the Town Board or the Planning Board.
P.
The design, layout and contours of all roads and rights-of-way encompassed
within the site of the application are adequate and meet Town specifications.
Q.
Adequate provisions have been made for the collection and disposal
or solid wastes, including but not limited to the screening of all
containers.
R.
That the intensity of the proposed specially permitted use is justified
in light of similar uses within the zoning district.
The Town Board, in its resolution approving or approving with
modifications a special permit pursuant to this article, may make
and include certain reasonable conditions and restrictions in its
discretion directly related to and incidental to the special permit,
including but not limited to the following:
A.
The posting of performance bonds to guarantee the performance of
any or all conditions imposed by the resolution.
B.
The imposition of fees or, in lieu thereof, dedication of land or
open space easements in an amount or form to be determined by the
Town Board as necessary to adequately recompense the Town for the
additional municipal service requirements to be provided as a result
of the granting of the special permit.
C.
The filing with the County Clerk of the County of Suffolk of covenants
and restrictions, easements or other recordable agreements running
with the land and binding upon all successors of the applicant to
guarantee or implement the provisions of the special permit.
The Town Board shall determine that:
A.
The use will not prevent or substantially impair either the reasonable
and orderly use or the reasonable and orderly development of other
properties in the neighborhood.
B.
The hazards or disadvantages to the neighborhood from the location
of such use at the property are outweighed by the advantage to be
gained either by the neighborhood or the Town.
C.
The health, safety, welfare, comfort, convenience and order of the
Town will not be adversely affected by the authorized use.
D.
Such use will be in harmony with and promote the general purposes
and intent of this chapter.
