The Planning Board is hereby appointed by the Town Board as
the designated approval authority as it pertains to denying or granting
a special use permit as set forth in this article.
The designated approval authority shall conform to the procedures
prescribed in § 274-b of the Town Law of NYS, as currently
in effect and as hereafter amended from time to time, as it pertains
to its actions on an application for an appeal.
A.
Integration of procedures. Whenever a particular application requires
multiple review(s) and approval(s), the designated approval authority
shall integrate, to the extent practicable and consistent with any
applicable law, his, her or their review and approval process.
An applicant applying for a special use permit shall submit
a complete application to the Code Enforcement Officer, along with
any applicable fee and payment of incurred costs. Such application
shall be in writing, on a form furnished by the Town for that purpose.
At a minimum, such application shall contain all of the following:
A.
The applicant's contact information and signed consent to the
filing of this application.
B.
A site plan that is prepared and sealed by a land surveyor or registered
design professional.
C.
Building plans and elevations, which shall be prepared and sealed
by a registered design professional, illustrating proposed building
construction and an indication of exterior materials and its colors.
D.
A short or full EAF, if an environmental review is mandated by SEQRA.
E.
Any other information deemed necessary by the designated approval
authority to explain the nature of the special use, its potential
environmental impacts under SEQRA, and its consistency with the standards
established by this chapter.
The designated approval authority shall review all facts and
information that is the subject of an applicant for a special use
permit to determine whether or not to approve such application. In
doing so, the designated approval authority shall consider all of
the following criteria:
A.
The proposed use will be consistent with the land use goals and objectives
prescribed in the Comprehensive Plan.
B.
The proposed use is in compliance with the applicable standards prescribed
in this chapter.
C.
The proposed use will not overburden municipal services (e.g., fire
protection, law enforcement, sanitary sewer, stormwater conveyance
and water distribution and/or treatment systems, etc.).
D.
The proposed use is in harmony with the orderly development of the
applicable zoning district and will not have a significant adverse
impact on the public health, safety or general welfare.
E.
The proposed use shall not have an unmitigated significant adverse
environmental impact as defined by SEQRA. Such determination shall
be made by the designated lead agency as prescribed by SEQRA.
A.
Where the use that was authorized by a special use permit has not
commenced within one year of the date of such permit's issuance,
such permit shall become null and void and all rights thereunder shall
terminate. Exemption(s):
(1)
The Code Enforcement Officer is authorized to grant, in writing,
one or more extensions of time, for periods not more than one year
each. The extension shall be requested, in writing, by the owner and
justifiable cause demonstrated.
B.
Any use authorized by a special use permit shall not to be considered
a nonconforming, permitted or prohibited use.
C.
Any use authorized by a special use permit and such use ceases to
continuously operate for a one-year period shall be considered abandoned,
and such permit shall become null and void. Exemption(s):
(1)
The Code Enforcement Officer is authorized to grant, in writing,
one or more extensions of time, for periods not more than one year
each. The extension shall be requested, in writing, by the owner and
justifiable cause demonstrated.
The designated approval authority may include in a special use
permit such terms and conditions as he, she or they deem necessary
or appropriate to ensure safety or to further the purposes and intent
of this chapter.
A special use permit shall not expire unless the use of land
proposed in the application is not operated or completed within one
calendar year from the date of issuance. The Code Enforcement Officer
is authorized to grant, in writing, one or more extensions of time,
for periods not more than one calendar year each. The extension shall
be requested by the owner and justifiable cause demonstrated.
An amendment to an approved special use permit shall be submitted
to the Code Enforcement Officer accompanied by supporting information.
The designated approval authority shall review the amendment and shall
be permitted to grant, deny or amend such amendment and impose conditions
deemed necessary. However, the following actions may be permitted
by the Code Enforcement Officer without the need for a review by such
authority:
A special use permit is transferable due to the fact that such
permit "runs with the land" since it applies to a use at a lot of
record, which such use is not contingent on ownership.
The designated approval authority is authorized to revoke a
special use permit issued under the provisions of this article when
it is found, by inspection or otherwise, that there has been a false
statement or misrepresentation as to the material facts in the application
or documents on which such certificate was based, including, but not
limited to, any one of the following:
A.
The Special use permit is used for a lot of record or use other than
that for which it was issued.
B.
Conditions and/or limitations set forth in the special use permit
have been violated or not satisfied.
C.
There have been any false statements or misrepresentations as to
the material fact in the application for a special use permit or any
attached documents.
D.
The owner failed, refused or neglected to comply with orders or notices
duly served in accordance with the provisions of this chapter within
the time provided therein.
E.
The special use permit was issued in error or in violation of this
chapter.
