A.
Purpose; Town Law.
(1)
In this chapter, some uses are allowed subject to a special
use permit being granted by the Town Board. The purpose of special
use permit review and approval procedure is to assure that the proposed
use is in harmony with this chapter and will not adversely affect
the neighborhood if the requirements of the law and those conditions
attached to the special use permit by the Town Board are met.
(2)
This article is intended to supplement the substantive and procedural
requirements of Town Law § 274-b.
C.
Applications.
(1)
Applications for special use permits. Application for a special
use permit shall be made on a form provided by the Planning Department.
The application must be received and reviewed by the Planning Department.
Once the application is deemed complete by the Planning Department,
it will be scheduled for review and/or a public hearing by the Board.
(2)
At the time of submittal of the application for a special use permit, the applicant shall also apply for site plan review pursuant to the requirements of Article XI. No application for a special use permit shall be deemed complete by the Planning Department until completion of the sketch plan conference with the Town Board.
(3)
So far as practicable, the Town Board shall review the special
use permit application and detailed site plan at the same time.
D.
SEQR. All applications for a special use permit shall be accompanied
by a short Environmental Assessment Form (EAF). If in the environmental
review of the short EAF the Town Board determines that the use may
have a large or moderate impact, the Town Board may require the applicant
to complete a Full EAF or a draft Environmental Impact Statement.
The Board shall not issue a special use permit unless it determines
that the proposed use will satisfy the standards set forth herein.
In order to make such a determination, the Board may attach reasonable
conditions to its approval. Such conditions must be directly related
and incidental to the proposed special use permit. The Town Board
shall consider the standards outlined below in their determination:
A.
Compatibility of the proposed use with the other permitted uses in
the district and the purposes of the district set forth in this chapter;
B.
Compatibility of the proposed use with adjoining properties and with
the natural and man-made environment;
C.
Adequacy of parking, vehicular circulation, and infrastructure for
the proposed use, and accessibility for fire, police, and emergency
vehicles;
D.
The overall impact on the site and its surroundings considering the
environmental, social and economic impacts of traffic, noise, dust,
odors, release of harmful substances, solid waste disposal, glare,
or any other nuisances;
E.
Restrictions and/or conditions on design of structures or operation
of the use (including hours of operation) necessary either to ensure
compatibility with the surrounding uses or to protect the natural
or scenic resources of the Town;
F.
Compliance with the requirements for site plan review, including
conformity to the Town's Residential and Commercial Design Guidelines.
A.
A special use permit shall be deemed to authorize only the particular
special use or uses specified therein.
B.
Unless otherwise specified by the Town Board, a special use permit
shall automatically lapse and expire 18 months after the date the
decision is filed if the applicant fails to obtain a building permit
or fails to comply with the conditions of the special use permit.
C.
Special use permit will expire if the special use or uses shall cease
for any reason for more than 12 consecutive months.
D.
A special use permit may be revoked by the Town Board if the conditions
of the special use permit are violated.
E.
Special use permits shall run with the land and can be transferred
to successive property owners, unless the permit has expired or has
been revoked for failure to meet the permit conditions.
