Special use permit review applies to those uses listed as requiring
special use permit review in Schedule A: Permitted Uses.[1] The purpose of the special use permit review process is to ensure the compatibility of a proposed use with the neighborhood in which it is proposed to be located, and with the Town of New Hartford in general. The application shall contain those elements listed in § 118-92, Application for preliminary site plan approval, of this chapter. The Planning Board shall review and act on all special permit applications in accordance with the procedure set forth below. No building permit or certificate of occupancy or use shall be issued by the Code Enforcement Officer except upon authorization of and in full conformance with plans approved by the Planning Board.
A.
Public notice and hearing. The Planning Board shall conduct a public
hearing within 62 days of receiving an application. The applicant
shall, at least 10 days before such hearing, be given notice of the
hearing and shall appear in person or by agent. Additionally, notice
shall be provided as follows:
(1)
The Town shall publish, at least five calendar days prior to
the date thereof, a legal notice in the official newspaper of the
Town.
(2)
The applicant shall provide notice of the public hearing and
data regarding the application to the owners of all property abutting
that held by the applicant and all other owners within 500 feet of
the land involved in such application. Notice shall be provided by
certified mail at least five calendar days prior to the hearing, with
compliance with this notification procedure certified to by a United
States Postal Service receipt. The names of owners notified shall
be taken as such appear on the last completed tax roll of the Town.
B.
County Planning Board referral.
(1)
If applicable, at least 10 days before such hearing, the Planning
Board shall mail notices thereof to the Oneida County Department of
Planning in accordance with § 239-m of the General Municipal
Law. Such notice shall be accompanied by a full statement of the proposed
project.
(2)
Applicable uses include any special permit use within 500 feet
of:
(a)
The boundary of any city, village or town;
(b)
Any existing or proposed county or state park or other recreation
area;
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway;
(d)
The existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines;
(e)
The existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated; or
(f)
The boundary of a farm operation located within an Agricultural
District or defined by Article 25-AA of the Agriculture and Markets
Law.
(3)
No action shall be taken by the Planning Board on such application
until an advisory recommendation has been received from the County
Department of Planning or 30 calendar days have elapsed since the
County Department of Planning received such full statement. If the
Planning Board receives the county recommendation after the thirty-day
period but two or more days prior to final action by the Planning
Board, then a majority plus one vote is required if the Town Planning
Board acts contrary to the County recommendation.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
Whenever the particular circumstances of a proposed development
require compliance with either another procedure in this chapter,
the requirements of the Town Subdivision Regulations[1] or the requirements of the State Environmental Quality
Review Act, the Planning Board may integrate, if it deems appropriate,
review as required by this article with the procedural and/or submission
requirements for such other compliance. Such integration of procedures
may require, upon mutual written consent of the Planning Board and
the applicant, reasonable modification of the time schedules otherwise
stated in this article.
A.
A special use permit shall pertain only to the specific property
for which the application was made. Such granted permit does not apply
to any other property the applicant may control.
B.
A special use permit shall be deemed to authorize only the particular
special use or uses specified therein.
C.
A conditional special use permit approval shall expire at the end
of six months if the conditions have not been satisfied. The Planning
Board may, however, consent to an extension of up to six additional
months.
E.
A special use permit may be revoked by the Planning Board if the
conditions of the special use permit are violated.
F.
Any violation of the conditions of a special use permit or a violation
of any applicable performance criteria of this article shall be deemed
a violation of this chapter and shall be subject to enforcement action
as provided herein.
G.
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.
H.
Upon issuance of a special use permit, the applicant shall have two
years within which to commence construction of the special use. If
said period passes without commencement, the special use permit may
be considered null and void.
In authorizing any special use, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take into strict account the specific conditions set forth in Article VIII for certain uses, applicable supplementary regulations required in Article IX of this chapter and the following general objectives for any use requiring Planning Board authorization:
A.
Adjacent land uses. The Planning Board shall not approve the special
use unless, in its determination, the proposed use will not have a
negative effect on adjacent land uses.
B.
Location and size of use. The nature and intensity of the operations
involved, the size of the site in relation to the use and the location
of the site with respect to existing and future streets providing
access shall be in harmony with the orderly development of the district.
C.
Location, nature and intensity of intended buildings, structures
and operations. The location, nature and intensity of intended buildings,
structures and operations should not discourage the appropriate development
and use of adjacent land and buildings or impair the value thereof.
D.
Vehicular access and circulation. Adequacy and arrangement of vehicular
traffic access and circulation, including intersections, road widths,
alignment, grade, pavement surfaces, channelization structures, visibility
and traffic controls shall be considered. Accessways shall be adequate
but not excessive in number and be located not less than 25 feet from
street corners or other places of public assembly.
E.
Pedestrian circulation. Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience shall be
considered.
F.
Parking. Location, arrangement, appearance and sufficiency of off-street
parking and loading shall be considered. The general landscaping of
the site shall be compatible with plant species generally found in
the area and serve to mitigate the visual impact of the parking area.
Such landscaping shall include the preservation of existing natural
screening and trees over eight inches in diameter to the maximum extent
possible.
G.
Layout. The location, arrangement, size, design and general site
compatibility of buildings, lighting and signage shall be considered.
These shall be in general harmony with the character and appearance
of the surrounding neighborhood.
I.
Water and sewer. Adequacy of water supply and sewage disposal facilities
and their compliance with New York State and Oneida County Departments
of Health requirements are required.
J.
Vegetation. The type and arrangement of trees, shrubs and other landscaping
components, where possible, shall constitute, at all seasons of the
year, a visual and/or noise deterring buffer, if necessary, between
the applicant's land and adjoining lands. Existing vegetation shall
be retained to the extent possible.
K.
Emergency access. Adequate provision for fire, police and other types
of emergency vehicles shall be made.
L.
Flooding. Special attention shall be given to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion. See Article IX for applicable provisions.
M.
Lighting. The impacts of lighting on adjacent areas and areas within
viewing distance shall be considered. Outdoor lighting shall be kept
to the minimum intensity needed. All outdoor lighting fixtures or
lamps shall be shielded in such manner that the edge of the lamp shield
is below the light source, direct radiation (glare) from the light
source is confined within the boundaries of the property and direct
radiation is prevented from escaping toward the sky. (For the purposes
of these provisions, light sources include any refractor, reflector,
bulb, tube or globe.) High-intensity discharge lighting is prohibited.
