The Town Board authorizes the Planning Board to grant or deny
special uses in accordance with the requirements set forth in this
section. No special use listed in this chapter may be permitted, enlarged
or altered unless approved by the Planning Board.
Any application for a special use permit shall be made in writing.
The application and required information shall be delivered to the
Code Enforcement Officer at least 10 days prior to the date of the
next regular meeting of the Planning Board. Time frames outlined in
this section shall not initiate until the Planning Board has deemed
the application complete. Seven copies of the application and required
information as set forth below shall be submitted.
A. The application must include the appropriate Environmental Assessment
Form (EAF) and all necessary documentation to comply with State Environmental
Quality Review Act, Part 617 (SEQRA). No application shall be deemed
complete until a Determination of No Significance has been made, or
until a Draft Environmental Impact Statement has been accepted by
the lead agency as satisfactory with respect to scope, content, and
adequacy.
B. Fees. Fees for the special use permit application shall be in accordance
with any fees established by the Town of Busti. All application fees
as may be established by the Town Board are in addition to any required
escrow fees.
C. Expenses. The applicant shall be responsible for the total cost of
environmental reviews determined to be necessary to meet requirements
of SEQRA as per 6 NYCRR Part 617.13. The Planning Board may also incur
other extraordinary expenses to properly review documents or conduct
special studies in connection with the proposed application, including,
but not limited to, the reasonable costs incurred by the Planning
Board for private consultation fees, fees for technical and engineering
services, legal fees, or other expenses in connection with the review
of a special use permit application. All reasonable fees shall be
charged to the applicant. The Planning Board shall make a reasonable
estimate of the amount of expenses that it expects to incur during
the course of each application for a special use permit. The amount
so determined by the Planning Board shall be deposited by the applicant
in escrow with the Town Clerk prior to the Planning Board's commencing
any review of the application. If the amount so deposited is exhausted
or diminished to the point that the Planning Board determines that
the remaining amount will not be sufficient to complete the review
of the application, then the Planning Board shall notify the applicant
of the additional amount that must be deposited with the Town Clerk.
If the applicant fails to replenish the escrow account or there are
unpaid amounts for which the applicant is responsible the Planning
Board, in its discretion, may cease review of the application until
such amounts are paid or deny the application. In no event, however,
shall any special use permit be approved until such sums have been
paid in full.
D. Informal consultation. Prior to submission of a formal application,
applicants are encouraged to meet with the Code Enforcement Officer
to review submission requirements. Applicants are also encouraged,
but not required, to discuss the proposal with abutting landowners
to ascertain any issues early in the application process.
The Planning Board, as a condition of approval, may require
that special use permits be renewed periodically. When the Planning
Board has established such a condition of approval, at least 90 days
prior to the expiration of a special use permit, the applicant shall
apply to the Code Enforcement Officer for renewal of the special use
permit. The Code Enforcement Officer shall inspect premises and provide
the Planning Board a written evaluation of whether the terms of the
conditions of the Permit have been met. The Planning Board shall then
determine if the special use permit should be renewed, modified, or
revoked.
No special use permit shall be issued for a property in violation
of this chapter unless the granting of a special use permit and site
plan approval will result in the correction of the violation.
The expansion of any special use shall require amendment and
approval of the special use permit by the Planning Board in accordance
with the procedures set forth in this chapter. For purposes of this
section, expansion shall be interpreted to mean an increase in the
floor or lot area allocated to the special use, an increase in development
coverage, increased hours of operation, or an increase in the intensity
of the use, e.g., an increase in traffic or need for on-site parking.