Uses permitted in Industrial Districts are subject to the following
additional regulations:
A.
Performance standards. No land or building in any Industrial District
shall be used or occupied in such a manner as to create any dangerous,
injurious, noxious or other hazard due to odor, fire, noise, explosion,
vibration, smoke, dust or other form of air pollution, glare, electrical
or other disturbance. The determination of potentially dangerous or
objectionable elements shall be made at locations as follows:
B.
Required findings. For each use permitted in Industrial Districts,
the Planning Board shall determine in its judgment that:
(1)
It is reasonably necessary in the interest of public health, safety
and general welfare.
(2)
It is appropriately located and served with respect to transportation
facilities, water supply, fire and police protection, waste disposal
and similar facilities.
(3)
It has adequate off-street parking facilities available on site.
(4)
It reasonably safeguards the neighborhood character and surrounding
property values.
(5)
It will not cause traffic congestion or traffic hazards.
(6)
It has adequately designed grades, paving, gutters, drainage and
treatment of turf to handle stormwater and to prevent erosion and
dust.
(7)
Its signs and lighting devices are properly designed and arranged
with respect to traffic and adjacent neighborhoods.
(8)
It has adequate screen planting, fencing or walls to shield adjacent
residential properties.
A.
A special Waterfront Overlay District is hereby established and is delineated on the Zoning Map[1] as an overlay district. Within this district all uses,
except individual, one- and two-family dwellings, shall require site
plan approval, the procedure for which follows, and be consistent
with the policies set forth in the Town and Village of Catskill Local
Waterfront Revitalization Program (LWRP). Consistency shall be determined
by the Planning Board through the site plan approval process.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Special Waterfront Overlay District site plan review and approval
process.
(1)
Objective. The object of Waterfront Overlay District site plan approval
is to evaluate various land uses that may cause a conflict between
existing and proposed uses or may be in conflict with the policies
and purposes of the LWRP or natural site conditions, and thereby minimize
the adverse effects concerning health, safety and overall welfare
of the residents of the community and ensure compliance with the Catskill
Local Waterfront Revitalization Program.
(2)
Procedure. Prior to the issuance of a building permit in the special
Waterfront Overlay District for all uses, except individual, one-
and two-family dwellings, the Building Code/Town Code Enforcement
Officer shall require the preparation of a sketch plan as identified
below. The Building Code/Town Code Enforcement Officer shall refer
the site plan to the Planning Board for its review in accordance with
the standards and procedures set forth in this chapter.
(3)
Sketch plan conference. A sketch plan conference shall be held between
the Planning Board and applicant to review the site plan concept and
the LWRP, if the proposed project is within the WD District, and generally
determine the information to be required on the site plan. The Planning
Board will briefly describe the Catskill LWRP to the applicant. The
applicant should be aware that the project must comply with the LWRP
policies and purposes. The applicant is responsible to prepare an
LWRP coastal assessment form for the site plan submission. The filing
of a sketch plan and the sketch plan conference may be waived by formal
action of the Planning Board. At the sketch plan conference, the applicant
should provide the data discussed below in addition to a statement
and/or rough sketch describing what is proposed:
(a)
An area map showing the parcel under consideration for site
plan review, and all properties, subdivisions, streets, easements
and buildings within 500 feet of the boundaries thereof. Said map
should show existing natural features such as water bodies, watercourses,
wetlands, wooded areas, individual large trees and flood hazard areas.
(b)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two-foot intervals
of elevation should also be provided.
(c)
A rough sketch showing the locations and dimensions of principal
and accessory structures, parking areas, access signs and other planned
features.
(4)
Application for Waterfront Overlay District site plan approval. An
application for Waterfront Overlay District site plan approval shall
be made, in writing, to the Building Code/Town Code Enforcement Officer
and shall be accompanied by an application fee in accordance with
the Schedule of Fees[2] as promulgated by the Town Board of Catskill, New York,
and a map of the site plan that includes information drawn from the
following checklist, as determined necessary by the Planning Board
at the sketch plan conference:
(a)
The title of the drawing, including the name and address of
the applicant and the person responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
The boundaries of the property plotted to scale.
(d)
Existing watercourses, wetlands, fish and wildlife habitats,
flood hazard zones, special plant communities and wooded areas.
(e)
A grading and drainage plan showing existing and proposed contours.
(f)
A completed LWRP coastal assessment form.
(g)
Design and use of nonstructural and structural means to avoid
stormwater runoff and nonpoint source water pollution.
(h)
The location, proposed use and height of all buildings.
(i)
The location, design and construction materials of all parking
and truck-loading areas, showing ingress and egress.
(j)
Provision for pedestrian access.
(k)
The location of outdoor storage, if any.
(l)
The location, design and construction materials of all site
improvements, including drains, culverts, retaining walls and fences.
(m)
The location, size and design for any docks, ramps, bulkheads
or other waterside structures.
(n)
A description of the method of sewage disposal and location,
design and construction materials of such facilities.
(o)
A description of the method of securing public water and location,
design and construction materials of such facilities.
(p)
The location of fire and other emergency zones, including the
location of fire hydrants.
(q)
The location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy.
(r)
The location, size, design and construction materials of all
proposed signs.
(s)
The location and proposed development of all buffer areas, including
existing vegetative cover.
(t)
The location and design of proposed outdoor lighting facilities.
(u)
Identification of any elements or areas contributing to or detracting
from local visual quality and character, and of existing or potential
scenic views.
(v)
Designation of the amount of building area proposed for retail
sales or similar commercial activity.
(w)
A general landscaping plan and planting schedule, and location
of groups of mature trees over 18 inches at four feet above the base
of the trunk.
(x)
Other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any county,
state or federal permits required for the project's execution.
[2]
Editor's Note: The Schedule of Fees is on file in the
Town offices.
(5)
Planning Board review of Waterfront Overlay District site plan. The
Planning Board's review shall include, as appropriate, but is
not limited to the following:
(a)
General considerations.
[1]
The adequacy and arrangement of vehicular traffic access and
circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
[2]
The adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with vehicular
traffic and overall pedestrian convenience.
[3]
The location, arrangement, appearance and sufficiency of off-street
parking and loading.
[4]
The location, arrangement, size, design and general site compatibility
of buildings, structures, lighting and signs.
[5]
The adequacy of stormwater and drainage facilities.
[6]
The adequacy of water supply and sewage disposal facilities.
[7]
The adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise buffer between the
applicant's and adjoining lands, including the maximum retention
of existing vegetation.
[8]
In the case of an apartment complex or other multiple-family
dwelling, the adequacy of usable open space for plan areas and informal
recreation.
[9]
Protection of scenic views and visual quality and character.
[10]
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or other objectionable features.
[11]
The adequacy of fire lanes and other emergency
zones and the provision of fire hydrants.
[12]
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
[13]
The adequacy of site restoration scheduled to
follow construction.
[14]
Maximum avoidance of clear-cutting of trees and
the adequacy of measures to protect and preserve as much mature vegetation
as possible on the site, including but not limited to trees of six
inches in diameter or more measured at four feet above grade.
[15]
Maximum avoidance of the destruction, damage or
detrimental modification of or interference with natural, scenic,
topographic or physical features of the site.
[16]
The adequacy of landscaping and setbacks in regard
to achieving maximum compatibility with and protection of local and
regional scenic quality, adjacent fish and wildlife habitats, freshwater
wetlands and coastal waters.
[17]
The extent to which structure height and bulk
do not disrupt natural topography and are compatible with the site
and the adjacent sites, and do not detract from the natural visual
quality of the local area or region.
(b)
Waterfront consistency review.
[1]
The policies in the Catskill Local Waterfront Revitalization
Program (LWRP), which was adopted by the Catskill Town Board, are
hereby made a part of this chapter. All actions in the waterfront
district that are subject to site plan review shall be evaluated for
consistency with the LWRP policy standards and conditions, which are
derived from and further explained and described in Section III of
the Catskill LWRP, a copy of which is on file in the Town Clerk's
office and available for inspection during normal business hours.
[2]
Review of actions.
[a]
Whenever a proposed action is located in the WD
District and is subject to site plan review, the Planning Board shall,
prior to approving the action, make a determination that it is consistent
with the LWRP policy standards and conditions set forth in Subsection
B(5)(b)[2][d].
[b]
Whenever the Planning Board receives a site plan
application for review of a proposed action to be located in the WD
District, the applicant shall prepare a coastal assessment form (CAF)
to assist the Planning Board with its LWRP consistency review.
[c]
The Planning Board shall make the determination
of consistency with the LWRP policy standards and conditions based
on the CAF, the site plan application and such other information as
is deemed to be necessary in its determination. The Planning Board
shall have the authority, in its finding of consistency, to impose
practicable and reasonable conditions on an action to ensure that
it is carried out in accordance with this chapter.
[d]
Actions proposed to be undertaken within the WD
District that are subject to site plan review shall be evaluated for
consistency in accordance with the following LWRP policy standards
and conditions, which are derived from and further explained and described
in Section III of the Town of Catskill LWRP, a copy of which is on
file in the Town Clerk's office and available for inspection
during normal business hours. Other Town agencies which undertake
direct actions shall also consult with Section VI of the LWRP in making
their consistency determination. The action shall be consistent with
the policy to:
[i]
Revitalize the deteriorated and underutilized waterfront areas
of Catskill (Policies 1, 1A, 1B and 1C).
[ii]
Retain and promote commercial and recreational
water-dependent uses (Policies 2, 2A, 2B, 2C and 2D).
[iii]
Strengthen the economic base of Catskill's
smaller harbor areas by encouraging traditional uses and activities
(Policies 4, 4A, 4B, 4C, 4D and 4E).
[iv]
Ensure that development occurs where adequate
public infrastructure is available to reduce health and pollution
hazards (Policies 5 and 5A).
[v]
Protect significant and locally important fish
and wildlife habitats from human disruption and chemical contamination
(Policies 7 and 8).
[vi]
Maintain and expand commercial fishing facilities
to protect commercial and recreational fishing opportunities (Policies
9 and 10).
[vii]
Minimize flooding and erosion hazards through
nonstructural means, carefully selected long-term structural measures
and appropriate siting of structures (Policies 11, 11A, 13, 14, 14A
and 17).
[viii]
Safeguard economic, social and environmental
interests in the coastal area when major actions are undertaken (Policy
18).
[ix]
Maintain and improve public access to the shoreline
and to water-related recreational facilities while protecting the
environment (Policies 1B, 2, 9, 19, 19A, 19B, 20, 21, 22 and 44A).
[x]
Protect and restore historic and archaeological
resources (Policies 23, 23A and 23B).
[xi]
Protect and upgrade scenic resources (Policies
24 and 25).
[xii]
Conserve and protect agricultural lands (Policy
26).
[xiii]
Site and construct energy facilities in a manner
which will be compatible with the environment and contingent upon
the need for a waterfront or water location (Policies 27, 30, 31,
35, 35A, 36, 38, 39, 40, 41, 42, 43 and 44).
[xiv]
Prevent ice management practices which could
damage significant fish and wildlife and their habitat (Policy 28).
[xv]
Protect surface- and groundwaters from direct
and indirect discharge of pollutants and from overuse (Policies 30,
31, 32, 32A, 33, 34, 35, 35A, 36, 37, 38, 39, 39A, 40 and 44).
[xvi]
Perform dredging and dredge spoil in a manner
protective of natural resources (Policies 35 and 35A).
[xvii]
Handle and dispose of solid and hazardous wastes
and effluent in a manner which will not adversely affect the environment
(Policies 39 and 39A).
[xviii]
Protect air quality (Policies 41, 42 and 43).
[xix]
Protect freshwater wetlands (Policies 44 and
44A).
[e]
Actions proposed within the special Waterfront
Overlay District shall also comply with the following additional standards:
[i]
The extent to which structure height and bulk do not disrupt
natural topography and are compatible with the site and the adjacent
sites, and do not detract from the natural visual quality.
[ii]
On lots which are located adjacent to the Hudson
River, a 100-foot setback from the mean high-water mark shall be maintained,
except for appropriate and permitted water-dependent uses. On lots
which are located adjacent to other surface water bodies or wetlands,
a fifty-foot setback from the mean high-water mark shall be maintained,
except for appropriate and permitted water-dependent uses. In addition,
a 100-foot setback shall be maintained between all watercourses/wetlands
and all sewage disposal systems.
[f]
Findings.
[i]
If the Planning Board determines that the action would not be
consistent with one or more of the LWRP policy standards and conditions,
such action shall not be undertaken unless the Planning Board makes
a written finding with respect to the proposed action that:
[A]
No reasonable alternatives exist which would permit
the action to be undertaken in a manner which will not substantially
hinder the achievement of such LWRP policy standards and conditions;
[B]
The action would be undertaken in a manner which
will minimize all adverse effects on such LWRP policy standards and
conditions;
[C]
The action will advance one or more of the other
LWRP policy standards and conditions; and
[D]
The action will result in an overriding Town, regional
or statewide public benefit.
[ii]
Such a finding shall constitute a determination that the action
is consistent with the LWRP policy standards and conditions.
[g]
The Planning Board shall maintain a file for each
action made the subject of a consistency determination, including
any recommendations received from the Catskill Waterfront Commission.
Such files shall be made available for public inspection upon request.
(c)
Consultant review. The Planning Board may consult with the Catskill
Waterfront Commission, Building Code/Town Code Enforcement Officer,
Fire Commissioners, Conservation Council, Highway Superintendent,
other local and county officials and its designated private consultants,
in addition to representatives of federal and state agencies including
but not limited to the Soil Conservation Service, the State Department
of Transportation, the State Department of Environmental Conservation
and the Department of State.
(d)
Public hearing. The Planning Board may conduct a public hearing
on the site plan. If a public hearing is considered desirable by a
majority of the members of the Planning Board, such public hearing
shall be conducted within 62 days of the receipt of the application
for site plan approval and shall be advertised in a newspaper of general
circulation in the Town at least five days before the public hearing.
The Planning Board shall also mail notice of said hearing to the applicant
at least 10 days before said hearing.
(6)
Planning Board action.
(a)
Prior to taking action on the site plan, the Planning Board
shall refer the plan to the Greene County Planning Board for advisory
review and a report in accordance with General Municipal Law.
(b)
Within 62 days after a public hearing (if one is held), or within
62 days after receipt of an application for site plan approval if
no public hearing has been held, the Planning Board shall act on it.
If no decision is made within said sixty-two-day period, the site
plan shall be considered approved. The Planning Board's action
shall be in the form of a written statement to the applicant stating
whether or not the site plan is approved, disapproved or approved
with modifications. The Planning Board's written statement of
action shall also be filed in the office of the Town Clerk within
five business days after such decision is rendered and a copy thereof
mailed to the applicant.
(c)
The Planning Board's statement may include recommendations
of desirable modifications to be incorporated and conformance with
said modifications shall be considered a condition of approval. Upon
approval, the Planning Board shall endorse its approval on a copy
of the final site plan and shall forward it to the Building Code/Town
Code Enforcement Officer who shall then issue a building permit if
the project conforms to all other applicable requirements.
(d)
Upon disapproval, the Planning Board shall so inform the Building
Code/Town Code Enforcement Officer and he shall deny a building permit.
The Planning Board shall also notify the applicant, in writing, of
its decision and its reasons for disapproval. In such a case, the
Planning Board may recommend further study on the site plan and resubmission
to the Planning Board after it has been revised or redesigned.
Prior to any new commercial use or expansion of any existing commercial use, or the issuance of a building permit for any commercial building or structure, the Building Code/Town Code Enforcement Officer shall require the preparation of a site plan. (NOTE: The definition for "commercial" is provided in the definition section, § 160-5, of these zoning regulations.)
A.
Sketch plan. A sketch plan conference shall be held between the Planning
Board and applicant to review the site plan concept and generally
determine the information to be required on the site plan. The filing
of a sketch plan and the sketch plan conference may be waived by formal
action of the Planning Board at the applicant's request. At the
sketch plan conference, the applicant should provide the data discussed
below, in addition to a statement and/or rough sketch describing what
is proposed:
(1)
An area map showing the parcel under consideration for site plan
review, and all properties, subdivisions, streets, basements and buildings
within 500 feet of the boundaries thereof. Said map should show existing
natural features such as water bodies, watercourses, wetlands, wooded
areas, individual large trees and flood hazard areas.
(2)
A map of site topography at no more than five-foot contour intervals.
If general site grades exceed 5% or portions of the site have susceptibility
to erosion, flooding or ponding, a soils overlay and a topographic
map showing contour intervals of not more than two-foot intervals
of elevation should also be provided.
(3)
A rough sketch showing the locations and dimensions of principal
and accessory structures, parking areas, access signs and other planned
features.
B.
Application for detailed site plan approval. An application for site
plan approval shall be made in writing to the Building Code/Town Code
Enforcement Officer and shall be accompanied by an application fee
in accordance with the Schedule of Fees[1] as promulgated by the Town Board of Catskill, New York,
and a map of the site plan that includes information drawn from the
following checklist, as determined necessary by the Planning Board
at the sketch plan conference:
(1)
The title of the drawing, including the name and address of the applicant
and the person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
The boundaries of the property plotted to scale.
(4)
Existing watercourses, wetlands, fish and wildlife habitats, flood
hazard zones, special plant communities and wooded areas.
(5)
A grading and drainage plan showing existing and proposed contours.
(6)
The design and use of nonstructural and structural means to avoid
stormwater runoff and nonpoint source water pollution.
(7)
The location, proposed use and height of all buildings.
(8)
The location, design and construction materials of all parking and
truck-loading areas, showing ingress and egress.
(9)
Provision for pedestrian access.
(10)
The location of outdoor storage, if any.
(11)
The location, design and construction materials of all site
improvements, including drains, culverts, retaining walls and fences.
(12)
A description of the method of sewage disposal and location,
design and construction materials of such facilities.
(13)
A description of the method of securing public water and location,
design and construction materials of such facilities.
(14)
The location of fire and other emergency zones, including the
location of fire hydrants.
(15)
The location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy.
(16)
The location, size, design and construction materials of all
proposed signs.
(17)
The location and proposed development of all buffer areas, including
existing vegetative cover.
(18)
The location and design of proposed outdoor lighting facilities.
(19)
Identification of any elements or areas contributing to or detracting
from local visual quality and character, and of existing or potential
scenic views.
(20)
Designation of the amount of building area proposed for retail
sales or similar commercial activity.
(21)
A general landscaping plan and planting schedule, and location
of groups of mature trees over 18 inches at four feet above the base
of the trunk.
(22)
Other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any county,
state or federal permits required for the project's execution.
(23)
A copy of deed is required for all subdivision, site plan, variance,
lot line and special use permit applications.
[1]
Editor's Note: The Schedule of Fees is on file in the
Town offices.
C.
Planning Board review of site plan. The Planning Board's review
shall include, as appropriate, but is not limited to the following:
(1)
General considerations.
(a)
The adequacy and arrangement of vehicular traffic access and
circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
(b)
The adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience.
(c)
The location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
The location, arrangement, size, design and general site compatibility
of buildings, structures, lighting and signs.
(e)
The adequacy of stormwater and drainage facilities.
(f)
The adequacy of water supply and sewage disposal facilities.
(g)
The adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise buffer between the
applicant's and adjoining lands, including the maximum retention
of existing vegetation.
(h)
In the case of an apartment complex or other multiple-family
dwelling, the adequacy of usable open space for plan areas and informal
recreation.
(i)
Protection of scenic views and visual quality and character.
(j)
Protection of adjacent or neighboring properties against noise,
glare, unsightliness or other objectionable features.
(k)
The adequacy of fire lanes and other emergency zones and the
provision of fire hydrants.
(l)
Special attention to the adequacy of structures, roadways and
landscaping in areas with susceptibility to ponding, flooding and/or
erosion.
(m)
The adequacy of site restoration scheduled to follow construction.
(n)
Maximum avoidance of clear-cutting of trees and the adequacy
of measures to protect and preserve as much mature vegetation as possible
on the site.
(o)
Maximum avoidance of the destruction, damage or detrimental
modification of or interference with natural, scenic, topographic
or physical features of the site.
(p)
The adequacy of landscaping and setbacks in regard to achieving
maximum compatibility with and protection of local and regional scenic
quality, adjacent fish and wildlife habitats, freshwater wetlands
and coastal waters.
(q)
The extent to which structure height and bulk do not disrupt
natural topography and are compatible with the site and the adjacent
sites, and do not detract from the natural visual quality of the local
area or region.
(2)
Consultative review. The Planning Board may consult with the Catskill
Waterfront Commission, Building Code/Town Code Enforcement Officer,
Fire Commissioners, Conservation Council, Highway Superintendent,
other local and county officials and its designated private consultants,
in addition to representatives of federal and state agencies including
but not limited to the Soil Conservation Service, the State Department
of Transportation and the State Department of Environmental Conservation.
(3)
Public hearing. The Planning Board shall conduct a public hearing
on the site plan. Such public hearing shall be conducted within 62
days of the receipt of the application for site plan approval and
shall be advertised in a newspaper of general circulation in the Town
at least five days before the public hearing. The applicant shall
notify, by certified mail (return receipt requested) postmarked at
least 15 days prior to the date of the public hearing, all owners
of properties within 300 feet of the property which is the subject
of the application except for any proposed uses in an Industrial Zone,
or any uses which may have a moderate or large environmental impact,
for which all owners of properties within 500 feet of subject property
shall be noticed. The return receipts must be delivered to the Planning
Board Secretary prior to the start of the public hearing.
(4)
Planning Board action.
(a)
Prior to taking action on the site plan, the Planning Board
shall refer the plan to the Greene County Planning Board for advisory
review and a report in accordance with General Municipal Law.
(b)
Within 62 days after a public hearing (if one is held), or within
62 days after receipt of an application for site plan approval if
no public hearing has been held, the Planning Board shall act on it.
If no decision is made within said sixty-two-day period, the site
plan shall be considered approved. The Planning Board's action
shall be in the form of a written statement to the applicant stating
whether or not the site plan is approved, disapproved or approved
with modifications. The Planning Board's written statement of
action shall also be filed in the office of the Town Clerk within
five business days after such decision is rendered and a copy thereof
mailed to the applicant.
(c)
The Planning Board's statement may include recommendations
of desirable modifications to be incorporated and conformance with
said modifications shall be considered a condition of approval. Upon
approval, the Planning Board shall endorse its approval on a copy
of the final site plan and shall forward it to the Building Code/Town
Code Enforcement Officer who shall then issue a building permit if
the project conforms to all other applicable requirements.
(d)
Upon disapproval, the Planning Board shall so inform the Building
Code/Town Code Enforcement Officer and he shall deny a building permit.
The Planning Board shall also notify the applicant, in writing, of
its decision and its reasons for disapproval. In such a case, the
Planning Board may recommend further study on the site plan and resubmission
to the Planning Board after it has been revised or redesigned.
(e)
Where approved project has not been completed within one year,
all special use permits or site plan approvals may be extended with
no further review or costs where site plan remains unchanged for an
additional year upon request to the Planning Board.
(f)
Any proposed changes to an approved site plan must be made by
applicant to the Planning Board prior to construction or implementation
of the change.
D.
Site plan applications will not be approved if:
(1)
A violation of Town Code or State Building Code exists at the parcel
or parcels which are the subject of the proposed application;
(2)
Real property taxes are delinquent regarding the parcel or parcels
which are the subject of the proposed application; or
(3)
The Town of Catskill holds an unpaid judgment against the applicant.
A.
General procedures and provisions.
(1)
All uses of land listed in the schedules of regulations as special uses (Article IV of this chapter) shall be allowed upon issuance of a special use permit by the Planning Board.
(2)
Applications for special use permits shall be filed with the Building
Code/Town Code Enforcement Officer, who shall forward the application
to the Planning Board for decision.
(3)
A site plan for the development of a special use shall be submitted with each special use permit application. The site plan shall show the location of all buildings, parking areas, traffic access and circular drives, open spaces, landscaping, topography, special features and any other information, including such information about neighboring properties, as may be necessary to determine and provide for the enforcement of this chapter. All site plan requirements found at § 160-20 shall apply.
(4)
To cover the cost of processing special use permits and applications,
an application fee in accordance with the Schedule of Fees[1] as promulgated by the Town Board of Catskill, New York,
shall accompany any application for a special use permit.
[1]
Editor's Note: The Schedule of Fees is on file in the
Town offices.
(5)
A special use permit shall be deemed to authorize only one particular
special use, and such permit shall be considered null and void if
within one year from the date of issue all improvements required for
this special use are not completed, and if the special use shall cease
for more than one year for any reason, unless otherwise provided by
the Planning Board.
(6)
The Planning Board shall attach conditions, limitations and safeguards
to the special use permit as are necessary to assure continual conformance
to all applicable standards and requirements.
(7)
A use authorized by special use permit may be revoked by the Planning
Board or Building Code/Town Code Enforcement Officer if there has
been a failure of compliance with any one of the terms, conditions,
limitations and requirements imposed by said permit.
(8)
The Planning Board shall hold a public hearing on the special use
within 62 days of the filing of a complete and proper special use
permit application, and said hearing shall be advertised in a newspaper
of general circulation in the Town at least five days before the public
hearing.
(9)
The applicant shall notify, by certified mail (return receipt requested)
postmarked at least 15 days prior to the date of the public hearing,
all owners of properties within 300 feet of the property which is
the subject of the application. The return receipts must be delivered
to the Planning Board Secretary prior to the start of the public hearing.
B.
Standards for all special use permits. The following standards shall
apply to all special use permits:
(1)
Adequate access for fire and police protection.
(2)
The location, size and character of the special use must be in harmony
with the orderly development of the zoning district and must not be
detrimental to the orderly development of adjacent properties.
(3)
Safe, convenient and adequate vehicular and pedestrian access to
and from the use through adequate, but not excessive, points in ingress
and egress having sufficient width, proper grading and alignment and
clear visibility, and which are not located too near street corners
or places of public assembly.
(4)
Adequate off-street parking and loading areas which are properly
located on the lot so as to provide safe and convenient circulation.
(5)
Locations and heights of buildings and structures shall be such that
the special use will not hinder or discourage the appropriate development
and use of adjacent land and buildings.
(6)
Landscaping and screening of parking, loading and service areas so
that such areas are screened all seasons of the year from the view
of adjacent lots and streets.
