Purpose. The purpose of this article is to set forth the application
procedure for consideration of special uses within individual zoning
districts. These procedures apply to certain land uses and activities
which, due to their particular characteristics or the nature of the
area in which they are to be located, require special consideration
so that they may be properly located and planned with respect to the
objectives of this chapter and their effect on the surrounding properties
and community character.
Pursuant to Article 7 of the Village Law, the Board of Trustees of the Village of Menands shall review and approve, approve with modifications, or disapprove a special use permit for all uses requiring a special use permit in accordance with this chapter and pursuant to the rules and specifications set forth herein.
A preapplication conference between the applicant and the Board of
Trustees shall be held to review the applicant's conceptual proposal.
The applicant shall provide the Board of Trustees with five copies
of a sketch plan accompanied by a narrative description of the proposed
special permit use.
The preapplication conference may, in the sole discretion of the
Board of Trustees, be scheduled simultaneously with any preapplication
conference regarding site plan review or subdivision approval.
Application. Applications for special permits shall be made to the
Board of Trustees on forms prescribed by the Board of Trustees. Each
application for special permit shall include:
Such additional information as may be required by the Board of Trustees
or its consultant to demonstrate compliance with any conditions or
additional standards which may be imposed on the special use by the
Board of Trustees.
The Board of Trustees shall conduct a public hearing within 62 days
from the day an application for a special permit is deemed complete
by the Board of Trustees.
Public notice of such public hearing shall be printed in the official
newspaper of the Village of Menands at least five days prior to the
date of the public hearing.
The Board of Trustees shall render a decision regarding the application
within 62 days from the close of the public hearing or such longer
time as is necessary to comply with the requirements of the State
Environmental Quality Review Act (SEQRA). The time within which the
Board of Trustees must render a decision may be extended by mutual
consent of the applicant and the Board of Trustees.
The Board of Trustees shall send written notice to the applicant
for a special use permit of the Board's decision within five
days after the decision is rendered.
Before granting approval to any special use, the Board of Trustees
shall determine whether the proposed special use will, among other
things, satisfy the following criteria and considerations:
The use will not cause an adverse impact or effect on traffic conditions,
parking, utilities, services, or other matters affecting the public
health, welfare or convenience.
The use will be adequately served by essential public facilities
and services, such as highways, streets, parking spaces, police and
fire protection, drainage structures, refuse disposal, water, sewer,
and schools.
If the Board of Trustees approves the use, the Board may impose such
reasonable conditions and restrictions as are directly related to
and incidental to the proposed special permit. All such conditions
shall be complied with by the applicant.
The Board of Trustees may, on its own motion, revoke any special
permit if there is a material failure to comply with any one of the
conditions, terms, limitations, and requirements set forth in the
permit. No permit shall be revoked unless the Board of Trustees, on
due notice to the permittee, holds a hearing. If the Board of Trustees
finds that the permit was violated, it shall direct the issuance of
an order revoking the permit or directing the Village Building Inspector
to implement such other remedy as the Board of Trustees shall find
necessary and convenient to ensure compliance with the terms of the
permit and the Zoning Law of the Village of Menands.
The Village Board of Trustees may, in its sole discretion and at the applicant's request made at least 60 days prior to the expiration of the initial special use permit approval, as provided for in Subsection B above, grant the applicant a one-time extension of up to a maximum of 12 months within which to implement the special use, provided that the applicant has made reasonable, good faith efforts to complete construction and implement the site plan. No further extensions shall be permitted.
An amendment or modification to an existing special use is any change
or proposed change in the size or configuration of the buildings,
structures or appurtenances associated with the facilities in which
the special use is located or conducted.
Any amendment or modification to any existing special use permit
shall be considered a proposed new special use requiring the permittee
to file an application for a special use permit pursuant to this article.