[Added 10-3-2011 by L.L. No. 5-2011]
The Town of Somerset allows a variety of uses of land, provided
that such uses do not adversely affect neighboring properties, the
natural environment, or the character of the Town and its neighborhoods.
Many of the uses listed in this chapter are therefore permitted only
upon issuance of a special permit by the Planning Board in order to
ensure that these uses are appropriate to their surroundings and satisfy
performance criteria. Accessory uses or structures used in connection
with a special permit use shall be subject to the same special permit
approval requirements as the principal structure or use. Special permits
are found to be necessary for those uses which, though intended to
be allowed when certain criteria are met, are not allowed as a matter
of right. It is the intent of this article to determine whether such
uses are compatible, desirable, and allowable on a case-by-case basis.
Special uses are only allowed where the Planning Board makes findings
that they meet the criteria of this article. The burden of establishing
that the criteria set forth in this article have been met shall in
all cases be on the applicant.
A.
Whenever a use is permitted in a zoning district by special permit only, or in the case of a use described in Article XIII of this chapter, an application for a special use permit may be made to the Code Enforcement Officer, which application shall include a site plan in accordance with Article XVA. The Code Enforcement Officer, after determining if the application is in the proper form and after receiving the appropriate fee therefor, shall transmit copies of the application and supporting documents to the Planning Board members.
B.
Each application for a building permit or 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 of building. As a
minimum, the application shall include the following information and
plans for both before and after conditions:
(1)
The location, use, design and dimensions and height of each use and
building.
(2)
The location and arrangement of vehicular accessways and the location,
size and capacity of all areas used for off-street parking, loading
and unloading.
(3)
The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
(4)
The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping devices.
(5)
Provision for water supply, sewage disposal and storm drainage.
(6)
Such other data and plans as the Code Enforcement Officer or the
Planning Board may require to properly take action on the application.
C.
The Planning Board shall conduct a public hearing on application
referred to it by the Code Enforcement Officer in accordance with
Town Law § 274-b, Subdivision 6, within 62 days after receipt
of such application by the Code Enforcement Officer. Within 62 days
from the date of such public hearing, the Planning Board shall by
resolution either approve or disapprove the application so heard.
The Planning Board may approve a special use permit application, may
approve a special use permit application in part, and disapprove in
part, approve a special use permit application with conditions as
set forth in its decision, or may deny a special use permit application.
In approving an application, the Board may impose any modifications
or conditions it deems necessary to carry out the intent of this chapter
or to protect the health, safety or general welfare of the public.
D.
Any application under Article XIII of this chapter shall also include the information and/or documentation required under any applicable section of such article. At any state of consideration, whenever the Planning Board determines that supplemental materials, analyses or studies are necessary to thoroughly evaluate an application, it shall notify the applicant, which shall provide such materials, analyses or studies in a timely fashion.
E.
If an application is for a parcel or parcels on which more than one
use requiring a special permit is proposed, the applicant may submit
a single application for all such uses. The Planning Board may grant
the application with respect to some proposed uses and not others.
F.
The applicant shall reimburse costs actually expended by the Town
to obtain consultants chosen by the Planning Board, to evaluate, review,
supplement or redo any studies or analysis or material required under
this article, other than initial review of the application and materials
for processing purposes, provided such fees shall be reasonable, and
audited by the Town Board, after preliminary audit by the Planning
Board, which shall reject any excessive or unnecessary charges. The
applicant shall be entitled to inspect all vouchers upon request.
The fees shall be paid upon presentation to the applicant. Further
review may be suspended until payment of fees, or, if a project is
approved, permits shall not be issued until payment of all such fees.
A.
In granting or denying special permits, the Planning Board shall
take into consideration the purposes of this article, the scale of
the proposed project, the possible impact of the proposed project
on the nearby properties and neighborhoods, architectural aesthetics
of the area, and measures that will mitigate potential adverse impacts
and preserve or enhance the character of the Town, and the welfare
of its citizens, and shall make specific written findings with respect
to whether the proposed project:
(1)
Will be in harmony with the purposes of the land use district in
which it is located and with the general intent and purposes of this
chapter.
(2)
Will be detrimental to adjacent uses.
(3)
Will cause undue traffic congestion, unduly impair pedestrian safety,
or overload existing roads considering their current width, surfacing,
and condition and will have appropriate parking and be accessible
to fire, police and other emergency vehicles.
(4)
Will overload any public water, drainage, or sewer system, or any
other municipal facility, or degrade any natural resource or ecosystem.
(5)
Will be suitable for the property on which it is proposed, considering
the property's size, location, topography, vegetation, soils, natural
habitat, and hydrology, and, if appropriate, its ability to be buffered
or screened from neighboring properties and public roads, and its
existing and proposed use.
(6)
Will result in excessive noise, dust, odors, solid waste, or glare,
or create any other nuisances, and will satisfy the general land use
performance standards of this chapter.
(7)
Will adversely affect the aesthetics of the premises and adjacent
properties and the neighborhoods.
(8)
Will cause the site to be unduly congested, dangerous, unattractive
to visitors, or unfriendly to pedestrians.
B.
The Board shall further find whether the adverse impacts of the proposed
special use can be mitigated to such an extent that the special use
permit should be granted and, if so, what conditions need be required
to achieve such mitigation.
If an application is approved in whole or in part by the Planning
Board, said Board shall issue the special use permit as approved and
transmit copies to the applicant, Code Enforcement Officer and Town
Clerk. If an application is disapproved by the Planning Board, the
reasons for such denial shall be set forth in the Board resolution,
and a copy of such resolution shall be transmitted to the applicant,
the Code Enforcement Officer and Town Clerk.
The terms and conditions of any special permit may be amended
in the same manner as required for the issuance of a special permit,
following the criteria and procedures in this chapter. Any enlargement,
alteration, or construction of accessory structures not previously
approved shall require a special permit amendment.
A.
A special permit shall expire if the special permit use or uses cease
for more than 24 consecutive months for any reason, or if the applicant
fails to obtain the necessary building permit within 12 months of
the granting of a special use permit, or fails to comply with the
conditions of the special permit within 12 months of its issuance,
or if its time limit, if any, expires without renewal.
B.
Each special use permit shall be reviewed annually by the Planning
Board at its March meeting, beginning with the first such meeting
that is one year or more after the date of issuance of the permit,
to determine if all conditions of such permit are being met.
C.
Upon notice and hearing by the Planning Board, a special permit may
be revoked by the Planning Board if the permittee violates the conditions
of the special permit and fails to terminate such violation within
30 days of notice or engages in any construction or alteration not
authorized by special permit.
The granting of a special permit shall not supersede the requirements
of the underlying district in which the premises is located.
Any consideration of a special use permit application shall
be in addition to, and not in lieu of, site plan review, where required.
Where appropriate, the two procedures may be conducted simultaneously,
and public hearings may be held simultaneously.
This article shall be governed by the provisions of Town Law
§ 274-b, except that as to any provision of this chapter
which is in conflict with said law, this chapter shall supersede said
law pursuant to § 10, Subdivision 1(ii)a(1) and 1(ii)d(3),
of the Municipal Home Rule Law.
Fees for special use permit applications shall be established,
from time to time, by the Town Board.
