All special uses shall require review and approval of a special
use permit by the Planning Board before a land use and development
permit may be issued. A special use is considered to be an allowable
use in a district, provided that sufficient conditions and safeguards
are established to protect the health, safety and welfare of the public
in general and the residents of the surrounding area in particular.
In its review, the Planning Board shall have the authority to attach
such conditions and safeguards as it deems appropriate in order for
the proposed use to comply with the following general and specific
standards. No special use shall be approved unless the standards contained
in this article are met.
The Planning Board of the Village of Fort Edward is hereby authorized to review and approve, approve with modifications or disapprove proposed special uses in accordance with the standards set forth in Article
VI herein.
As part of its review and approval of a special use, the Planning
Board shall review and approve a site plan for the proposed use in
accordance with the site plan review provisions of this chapter.
All applications for special use approval shall consist of the
following:
A. Site plan map.
(1)
Three copies of a site plan map (one to be retained for Village
records, one to be returned to the applicant and one for referral
to county if necessary), drawn to scale, to include as applicable:
(a)
Title of drawing, including name and address of applicant and
person responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses and bodies of water.
(e)
Proposed grading and drainage.
(f)
Location, proposed use and height of all buildings and site
improvements, including culverts, drains, retaining walls and fences.
(g)
Location, design and construction materials of all parking and
truck loading areas, showing points of entry and exit from the site.
(h)
Location of outdoor storage, if any.
(i)
Description of the method of sewage disposal and location of
facilities.
(j)
Identification of water source, if applicable.
(k)
Location, size and design and construction materials of all
proposed signs.
(l)
Location and proposed development of all buffer areas.
(m)
Location and design of outdoor lighting facilities.
(2)
The Board of Appeals may, at its discretion, require that such
site plan be prepared by a licensed engineer or architect.
B. Accompanying data, to include the following as applicable:
(1)
Application form and fee.
(2)
Name and address of applicant and any professional advisors.
(3)
Authorization of owner if applicant is not the owner of the
property in question.
(4)
Short environmental assessment form.
(5)
Any additional endorsements, certifications or approvals required
by the Board of Appeals.
(6)
Other information as the Board of Appeals may reasonably require
to assess the proposed project.
The Planning Board may waive one or more submission requirements
in the case of minor projects of an uncomplicated nature.
The Planning Board shall review the application in accordance
with the procedures specified in this chapter herein and shall render
a decision to approve, disapprove or approve with modifications.
A. Acceptance of application. The Planning Board shall, within 45 days
of the filing of a special use permit application, or at its next
regular meeting after such filing, whichever is sooner, decide whether
to accept the application as complete and begin the review process,
or to reject the application as incomplete. If the Planning Board
deems the application incomplete, rather than rejecting the application,
the Planning Board may request such additional information that it
deems necessary to complete the application, and provide for such
time as it deems sufficient for the applicant to submit such additional
information. If the Planning Board requires a draft environmental
impact statement (DEIS) or if one is filed by the applicant(s), then
the application shall not be deemed complete until the DEIS is filed
and accepted by the Planning Board. If the Planning Board deems an
application incomplete, it shall then notify the applicant(s) in writing
of the deficiencies. The Planning Board may coordinate site plan review
with the special use permit review.
B. Segmentation. The special use permit applications and associated
maps shall include all proposed phases of development. Special use
permit approval shall be based on the total planned project in order
to facilitate the assessment of all potential development impacts.
The Planning Board shall consider applications incomplete where there
is reason to believe the application applies to only a segment of
the total planned development. In such situations, the Planning Board
shall return such application to the applicant together with a letter
stating the basis for its determination.
C. Referral to other agencies and boards. After determining an application
complete, the Planning Board, if required by § 239-m of
General Municipal Law, shall refer the special use permit application
to the Washington County Planning Board. If a public hearing is required
or deemed necessary by the Planning Board then notice of the proposed
action accompanied with a full statement must be sent to the Washington
County Planning Board at least 10 days before public hearing. The
Planning Board may also coordinate its review (if not otherwise required
by state law) or consult with federal, state and local agencies and
boards. The Planning Board will also comply with any other requirements
of any applicable laws or regulations.
D. Public hearing. The Planning Board shall conduct a public hearing
on the special use permit applications within 62 days after it has
determined an application to be complete. It shall then advertise
such hearing at least 10 days in advance of the public hearing in
a local newspaper of general circulation. The Planning Board shall
also mail a notice of the hearing to the applicant(s) and adjoining
landowners at least 10 days before the hearing, and the costs of such
mailing shall be borne by the applicant(s).
E. Decision. Within 62 days of the close of the public hearing or acceptance
of the application, the Planning Board shall render a decision to
approve, approve with conditions or modifications, or disapprove the
special use permit application.
(1)
Approval. Upon approval of the special use permit application
and payment by the applicant(s) of all fees and reimbursable costs
due to the Village, the Planning Board shall endorse its approval
on a copy of the special use permit plans and immediately file a copy
of the special use permit application with a written statement of
approval with the Village Clerk. A copy of the written statement of
approval shall be mailed to the applicant(s) by mail.
(2)
Approval with modifications. The Planning Board may approve
the special use permit and require specific modifications be made.
A copy of the written statement shall be mailed to the applicant(s)
by mail. The Planning Board shall endorse its approval on a copy of
the special use permit plan containing the required modifications
and immediately file the special use permit plan and a written statement
of approval with the Village Clerk.
(3)
Disapproval. Upon disapproval of the site plan, the decision
of the Planning Board shall be immediately filed with the Village
Clerk and a copy thereof mailed to the applicant(s) with a letter
stating the Planning Board's reason(s) for disapproval.
F. Extension of time to render decision. Any time limitation in this
article may be extended by mutual consent of the applicant(s) and
the Planning Board.
G. Reimbursable costs. The Planning Board may engage its own consultants
in the review of a special use permit application and ask the applicant(s)
to pay its reasonable and actual costs of doing so. Such costs shall
not exceed $3,500 without notification to the applicant.
In its review of a proposed special use, the Planning Board
may impose any conditions it deems necessary to serve the interests
of the public health, safety and general welfare and to improve compatibility
with surrounding properties. Such conditions may include but shall
not be limited to:
A. Requiring landscaping or vegetative screening.
B. Increasing building setback.
C. Limiting the size of buildings, parking areas or facilities.
D. Specifying the location and design of entrances, exits and off-street
parking space.
E. Requiring that materials be stored indoors or certain activities
be conducted indoors.
F. Requiring noise barriers.
G. Requiring stormwater retention ponds or other drainage and pollution
control devices.
H. Setting forth an expiration date for such special use permit which
may be one, three or five years.
The purpose of this section is to maintain the existing visual
character along Broadway and within the downtown commercial district.
Within the C-1 District, all special uses shall be in general visual
harmony with the surrounding properties. Building design, color, signage
and landscaping shall be keeping with the neighborhood.