[Added 9-9-2004 by L.L. No. 2-2004]
A.
The Town Board authorizes the creation of a seven-member
Town Planning Board pursuant to § 271 of the New York State
Town Law. The members of the Town Planning Board shall be appointed
by the Town Board for terms of seven years. Terms of all Planning
Board members shall be staggered as required by law. The Town Board
shall also appoint the Chairperson of the Town Planning Board or,
on failure to do so, the Town Planning Board shall elect a Chairperson
from its own members.
B.
Two alternate members of the Town Planning Board shall
be appointed by the Town Board for terms of seven years. All provisions
of state law relating to Town Planning Board member eligibility, vacancy
in office, removal, compatibility of office and service on other boards,
as well as any provisions of any local law or ordinance relating to
training, continuing education, compensation and attendance shall
also apply to the alternate members of the Town Planning Board.
C.
The Chairperson of the Town Planning Board may designate
one or more alternate members of the Town Planning Board to serve
when necessary, and only so long as necessary, to obtain or maintain
a quorum of such Board or when a member of the Town Planning Board
is unable to participate due to a conflict of interest. Such designation
and its expiration shall be entered into the minutes of the Town Planning
Board. When so designated, the alternate member of the Town Planning
Board shall possess all the powers and responsibilities of a member
of such Board.
The Town Board shall have the power to remove,
after public hearing, any member of the Town Planning Board for cause.
Any Town Planning Board member may be removed for noncompliance with
minimum requirements relating to meeting attendance and training as
established by the Town Board by local law or ordinance.
A.
The Town Planning Board may adopt rules or bylaws
for its operations, and may amend such rules and bylaws from time
to time as deemed appropriate and necessary by the Town Planning Board.
B.
The Town Board shall provide an appropriation to the
Town Planning Board to cover necessary expenses, including the means
for the Town Planning Board to maintain a written record of its meetings
and public hearings.
C.
The Town Board may require Town Planning Board members
to complete training and continuing education courses in accordance
with any local requirements for the training of such members and may
reimburse Town Planning Board members for appropriate expenses incurred
in obtaining such training or continuing education.
[Amended 6-22-2023 by L.L. No. 3-2023]
A.
The duties of the Town Planning Board are to:
(1)
Prepare, review and/or recommend revisions to the Comprehensive Plan
for the development of the Town as provided under § 271
of New York State Town Law and/or Town Council resolution.
(2)
Review and comment on all proposed zoning amendments before referral
to the County Planning Board.
(3)
Conduct site plan review as authorized by § 274-a of New York State Town Law and prescribed in Article XA of this chapter.
(4)
Grant special use permits. The Town Planning Board shall have the authority to grant or deny special use permits as authorized by § 267-b of New York State Town Law and prescribed in Article XA of this chapter.
(5)
Review and approve the subdivision of parcels as authorized by §§ 276,
277, 278, 279, 280 and 280-a of the New York State Town Law.
(6)
Render assistance to the Town Zoning Board of Appeals at its request.
(7)
Research and report on any matter referred to it by the Town Council.
(8)
Make investigations, maps, reports, and recommendations in any matter
related to planning and development as it seems desirable providing
expenditures of the Town Planning Board do not exceed the budget appropriations
for the Town Planning Board.
B.
All such powers and duties as are conferred upon the Town Planning
Board and subject to the limitations set forth in §§ 271,
272-a, 273, 274-a, 276, 277 and 278 of the New York State Town Law,
as the same may be amended, modified, or changed from time to time,
or any sections subsequently adopted pertaining to town planning boards.
A.
The Town Planning Board shall hold regularly scheduled
monthly meetings, provided there are meeting agenda items for Town
Planning Board consideration, and the Board may hold special meetings,
from time to time as needed, at the call of the Chairperson or at
the request of three or more members.
B.
The presence of four members of the Town Planning
Board shall constitute a quorum which shall be necessary to act on
any application for a site plan review and to decide upon any other
matter brought before the Board unless otherwise stipulated in this
chapter.
C.
All votes of the Town Planning Board shall be taken by roll call. Town Planning Board decisions on matters not referred to the County Planning Board shall be by simple majority vote (four) of the full membership. On a matter referred to the County Planning Board, voting shall be in accord with § 150-74.
D.
In accordance with § 74, Subdivision 2,
of Article 4 of the Public Officers Law, a member of the Town Planning
Board having a conflict of interest shall abstain from any discussion
or voting on that matter.
E.
The Town Planning Board may request and obtain any
advice or opinions on the law relating to any matter before the Board
from the Town Attorney, and require the Town Attorney to attend its
meetings.
F.
The Town Planning Board may require the Zoning Enforcement
Officer to attend its meetings to present any facts relating to any
matter before the Board.
G.
All meetings of the Town Planning Board shall be open
to the public.
H.
The Town Planning Board shall make a factual record
of all its proceedings, including public hearings, deliberations,
voting and decisions. The factual record shall be taken by the Secretary
to the Town Planning Board.
A.
Purpose. The intent of this section is to set forth
additional general standards applying to certain uses and activities.
The nature of these uses and activities require special consideration
of their impacts upon surrounding properties, the environment, community
character and the ability of the Town to accommodate development consistent
with the objectives of this chapter.
B.
Uses requiring site plan review. Site plan review
shall be required for all applications for zoning permits, zoning
variances, or special use permits except for uses specifically exempted
below. No zoning permit shall be issued until all the requirements
of this section and all other applicable provisions of this chapter
have been met.
C.
Procedure.
(1)
Filing application. Applications for site plan review
shall be filed with the Zoning Enforcement Officer. Applications shall
be in writing, on forms available in the Town Clerk's office, and
shall be accompanied by a site plan. The applicant shall also provide
an agricultural data statement, pursuant to Article 25-AA, § 305-a,
of the New York State Agriculture and Markets Law, if the subject
property is within an Agricultural District containing a farm operation
or is located outside an Agricultural District but within 500 feet
of a farm operation that is within an Agricultural District. If the
Zoning Enforcement Officer determines the application to be complete,
the Zoning Enforcement Officer shall refer the application to the
Town Planning Board at the next duly called meeting. If the Zoning
Enforcement Officer determines the application to be incomplete, the
Zoning Enforcement Officer shall return the application to the applicant
and inform the applicant of the deficiencies of the application.
(2)
Referral to County Planning Board. The Zoning Enforcement Officer shall determine if the proposed action is subject to referral to the Cayuga County Planning Board, in accord with Article 12-B, § 239-m, of the General Municipal Law, and the agreement between the Cayuga County Planning Board and the Owasco Town Board to exempt certain matters from such referral as more fully described in § 150-74 of this chapter. If the matter is subject to referral to the Cayuga County Planning Board, the Zoning Enforcement Officer shall make such referral as soon as practical after determining the application to be complete. If the matter has been referred to the Cayuga County Planning Board, the Town Planning Board shall not act within the first 30 days following such referral unless the Cayuga County Planning Board renders a written recommendation within said thirty-day period. If the Cayuga County Planning Board fails to act on the referral and to make its recommendation within such thirty-day period, the Zoning Board of Appeals may take action on the application absent a recommendation of the County Planning Board.
(3)
State Environmental Quality Review. The Town Planning
Board shall comply with the provisions of the State Environmental
Quality Review regulations when considering conducting site plan review
and approval.
(4)
Review and decision.
(a)
Review and decision without public hearing.
Within 62 days following the date the Town Planning Board receives
a complete application and site plan, the Town Planning Board shall
render a decision to approve, approve with conditions or deny the
site plan unless the Town Planning Board elects to conduct a public
hearing. Any such application shall be deemed received and the sixty-two-day
time period shall commence at the time the complete application is
first presented to the Town Planning Board at a duly called meeting.
The sixty-two-day time period may be extended upon consent of both
the applicant and the Town Planning Board. The Town Planning Board
shall forward its decision on the site plan to the Zoning Enforcement
Officer. If the Town Planning Board fails to render a decision within
said sixty-two-day period or within the extension period, if any has
been agreed to, the site plan shall be considered approved.
(b)
Review and decision with public hearing.
[1]
The Town Planning Board may conduct a public
hearing of the site plan at the Town Planning Board's discretion if
a public hearing is considered desirable by a majority of the Town
Planning Board, such public hearing shall be conducted within 62 days
of the receipt of the completed application by the Town Planning Board.
[2]
The Town Planning Board shall mail notice of
public hearing to the applicant at least 10 days prior to the date
of the hearing and shall also publish a public notice in the official
newspaper of the Town at least five days prior to such hearing. If
the site plan was referred to the County Planning Board for review
pursuant to Article 12-B, § 239-m, of the General Municipal
Law, the Town Planning Board shall also mail a notice of the public
hearing to the County Planning Board at least 10 days prior to the
date of the public hearing.
[3]
The Town Planning Board shall render a decision
on the site plan within 62 days of the public hearing unless an extension
is mutually agreed upon by the Town Planning Board and the applicant.
The Town Planning Board shall transmit its decision to the Zoning
Enforcement Officer. If the Town Planning Board fails to render a
decision within the allotted sixty-two-day time period following the
public hearing or within the extension period, if any has been agreed
to, the site plan shall be considered approved.
(5)
Waiver of site plan review requirements. The Town
Planning Board is hereby authorized to waive any of the requirements
in this article for site plan review, if it finds that such requirements
are not needed to protect public health, safety or general welfare,
or are inappropriate to the particular site plan.
(6)
Written decision of Town Planning Board. A full written
record of the Town Planning Board minutes and decisions, together
with all documents pertaining to the case, shall be filed in the Office
of the Zoning Enforcement Officer, and a copy shall be mailed to the
applicant.
D.
Preapplication conference. A preapplication conference
may be held between the Planning Board and applicant to review the
basic site design concept and generally determine the information
to be required on the site plan. Applicants are encouraged to make
arrangements with the Planning Board for a preapplication conference.
E.
Application for site plan approval. An application
for site plan approval shall be made in writing to the Zoning Enforcement
Officer and shall be accompanied by a site plan drawn to scale which
contains the information identified in the following checklist. The
Planning Board may require additional information if necessary to
complete its review.
(1)
Plan checklist for all site plans:
(a)
Title of drawing, including name and address
of applicant and person responsible for preparation of such drawing.
(b)
North arrow, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses and bodies of water.
(e)
Location of any slopes of 5% or greater.
(f)
Existing surface drainage patterns, proposed
grading and proposed drainage patterns and the location of any proposed
storm sewer drains.
(g)
Location, proposed use and height of all buildings
and site improvements, including culverts, drains, retaining walls
and fences.
(h)
Location, design and construction materials
of all parking and truck loading areas, showing points of entry and
exit from the site.
(i)
Location of outdoor storage, if any.
(j)
Description of the method of sewage disposal
and location of the facilities.
(k)
Identification of water source. If water source
is a public water supply, identify the location of the water main
and the proposed service line. If water source is a well, identify
the location of the proposed well and the proposed line to convey
water to the building.
(l)
Location, size and design and construction materials
of all proposed signs.
(m)
Location and proposed development of all buffer
areas, including existing vegetation cover.
(n)
Location and design of outdoor lighting.
(o)
General landscaping plan.
F.
Town Planning Board review of site plan. The Town
Planning Board's review of the site plan shall include, as appropriate,
the following:
(1)
General considerations.
(a)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls, including the maximum feasible
redesign of private roads to conform to public access and rights-of-way.
(b)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(d)
Location, arrangement, size and design and general
site compatibility of buildings, lighting and signs.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal
facilities.
(g)
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 feasible
retention of existing vegetation.
(h)
In the case of apartment complex or to other
multiple-family dwelling, the adequacy of useable open space for play
areas and informal recreation.
(i)
Protection of adjacent or neighboring properties
against noise, glare, unsightliness or nuisances.
(j)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants.
(k)
Special attention to the adequacy of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(l)
Special attention to the productive use and
access to the interior portions of flag lots, indicating present and
future intended uses
(m)
Consistency with the general intent of the Town's
Comprehensive Plan.
(n)
The possible impacts of the proposed project
upon the functioning of farm operations within the Agricultural District.
(2)
Consultant review. The Town Planning Board may consult
with the Zoning Enforcement Officer, Town Building Inspector, Fire
Commissioners, Highway Department, County Planning Department, other
local county officials, 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, and with private architects and engineers.
All consultant review costs shall be paid by the applicant.
G.
Fees for site plan review. Applications before the
Town Planning Board shall be accompanied by a payment to the Town
in accordance with a fee schedule adopted by resolution by the Town
Board which may be amended from time to time by resolution of the
Town Board.
[Added 6-22-2023 by L.L.
No. 3-2023]
A.
Purpose. It is the intent of the Town to use special use permits
to control the impact of certain uses upon areas where they will be
incompatible unless conditioned in a manner suitable to a particular
location.
B.
Filing of special use permit application.
(1)
Applications for a special use permit shall be filed with the
Zoning Enforcement Officer. All applications shall be signed by the
legal owner of the premises or his authorized agent for which the
special use permit is sought.
(2)
Each application for a special use permit shall be accompanied by a proposed site plan depicting the information required for site plan approval as described in Article XA of this Chapter. Any application for a special use permit for property within an Agricultural District containing a farm operation or for property with boundaries within 500 feet of a farm operation located in an Agricultural District shall include an agricultural data statement.
(3)
The Zoning Enforcement Officer shall refer the completed special use permit application, and agricultural data statement, if required, to the Town Planning Board after receiving a completed application. The Secretary of the Town Planning Board shall determine if the proposed action is subject to referral to the Cayuga County Planning Board for review in accord with Article 12-B, § 239-m, of the General Municipal Law and the agreement between the Cayuga County Planning Board and the Owasco Town Council to exempt certain matters from such referral as more fully described in § 150-74 of this chapter. If the matter is subject to referral to the Cayuga County Planning Board, the Secretary to the Town Planning Board shall transmit a copy of the complete application and supporting documents to the Cayuga County Planning Board after receiving the complete application from the Zoning Enforcement Officer.
(4)
If an agricultural data statement is required for the subject
project, the Town Planning Board shall mail, via registered mail,
written notice of such application to the owners of land as identified
by the applicant in the agricultural data statement. Such notice shall
include a description of the proposed project and its location, and
may be sent in conjunction with any other notice required by state
or local law, ordinance, rule or regulation for the said project.
The cost of mailing said notice shall be borne by the applicant.
(5)
No application shall be deemed complete if the Zoning Enforcement
Officer shall determine that a variance would be required from the
Zoning Board of Appeals in connection with the proposed use of the
premises. The Zoning Enforcement Officer shall notify the applicant
of the need for such variance.
C.
Public hearing and notification of public hearing.
(1)
Prior to taking action on an application for a special use permit,
the Town Planning Board shall conduct a public hearing. Such hearing
shall be conducted within 62 days following the receipt of a complete
application and supporting documents from the Zoning Enforcement Officer.
Any such application shall be deemed received when the complete application
is first presented at a duly called Town Planning Board meeting.
(2)
The Town Planning Board shall publish a notice of the public
hearing in the Town of Owasco official newspaper at least 10 days
prior to the date of the public hearing. Such notice shall include
sufficient information so as to identify the property involved and
the nature of the proposed action. The Town Planning Board shall also
mail a notice of the public hearing to the applicant and, if required
under Article 12-B, § 239-m, of the General Municipal Law,
to the County Planning Board at least 10 days prior to the public
hearing.
D.
Special use permit decision.
(1)
The Town Planning Board may approve a special use permit for uses described in Article IV of this chapter, provided all requirements and conditions set forth in such article are complied with.
(2)
The Town Planning Board shall render its decision, approving,
approving with conditions, or denying, within 62 days following the
hearing unless the time period is extended by the mutual consent of
the Town Planning Board and the applicant. If the application is required
to be referred to the County Planning Board, the Town Planning Board
shall not act within the first 30 days following such referral unless
the County Planning Board provides a written reply to the Town Planning
Board within the thirty-day period. If the County Planning Board fails
to act on the referral and to make its recommendation within such
thirty-day period, the Town Planning Board may take action on the
application absent a recommendation from the County Planning Board.
(3)
The Town Planning Board shall comply with the provisions of
the State Environmental Quality Review (SEQR) regulations when considering
whether to grant a special use permit.
[Added 6-22-2023 by L.L.
No. 3-2023]
A.
The Town Planning Board shall make a written factual record and findings
of all its proceedings involving the granting of a special use permit.
Compliance with the required criteria for the use for which the special
use permit was granted shall be substantiated.
B.
The Town Planning Board shall make written findings for each special
use permit decision. Findings shall state the reasoning behind, the
basis for, and the evidence relied upon to reach the decision. The
following considerations shall apply to all special use permit applications:
(1)
Ingress and egress to the property and proposed structures thereon,
with particular reference to vehicular and pedestrian safety, and
convenience, traffic flow and control, and access in case of fire
or catastrophe.
(2)
Off-street parking and loading areas where required, and the
noise, glare or odor effects of the special use permit use on adjoining
properties, and properties generally in the district, and the economic
impact of the proposed special use permit use.
(3)
Refuse and service areas.
(4)
Utilities as appropriate, with reference to locations, availability
and compatibility.
(5)
Storm drainage, including potential impact on downstream properties.
(6)
Screening and buffering, with reference to type, dimensions
and character.
(7)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect and compatibility and harmony
with properties in the district.
(8)
Required yards and other open space.
(9)
General compatibility with adjacent properties and other properties
in the zone district.
(10)
The agricultural data statement, if required, shall be evaluated
and considered as to the possible impacts of the special use on the
agricultural district.
C.
The Town Planning Board may impose any additional conditions and
requirements on the special use permit it deems necessary to conform
to the goals and objectives of the Town's Comprehensive Plan
and its principles of land use and development, and to protect the
health, safety and general welfare of the public. Such conditions
and requirements shall be clearly documented in the findings and reflected
on the approved special use permit. Such additional conditions and
requirements may include but are not limited to the following:
(1)
Increasing the required lot size or yard dimensions.
(2)
Limiting the height, size or location of buildings.
(3)
Controlling the location and number of vehicle access points.
(4)
Increasing the number of required off-street parking spaces.
(5)
Limiting the number, size, location and lighting of signs.
(6)
Requiring fencing, screening, landscaping or other facilities
to protect adjacent or nearby property.
(7)
Designating sites for open space.
[Added 6-22-2023 by L.L.
No. 3-2023]
A.
If an application for a special use permit is approved by the Town
Planning Board, the Board shall furnish the Zoning Enforcement Officer
with a copy of the approving resolution with written direction to
issue the applicant a zoning permit in accord with the conditions
of the special use permit. If any special use permit issued under
this chapter shall remain unexercised for a period of one year from
the date of issuance or if any use permitted by a special use permit
shall be discontinued for a period of one year, such permit shall
be deemed revoked and the use shall not be commenced or continued
until another new application shall have been made to the Town Planning
Board therefor and approved.
B.
If an application is disapproved by the Town Planning Board, the
reasons for such denial shall be set forth in the Town Planning Board
resolution and a copy of such resolution shall be furnished to the
Zoning Enforcement Officer with written direction to deny the zoning
permit.
C.
A copy of the Town Planning Board's decision shall 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.
[Added 6-22-2023 by L.L.
No. 3-2023]
A.
The Zoning Enforcement Officer may inspect the premises of a use
authorized and approved with a special use permit annually. The inspection
shall determine that the use is being operated consistent with the
terms and conditions established by the Town Planning Board in approving
the permit.
B.
If the Zoning Enforcement Officer shall determine that the use is
not being operated in compliance with the permit, the Zoning Enforcement
Officer shall find the owner or operator of the use in violation of
the Zoning Chapter and shall issue a notice of violation to the owner
or operator. If such violation is not corrected within 60 days of
issuance of the notice of violation, the special use permit shall
become null and void, and the owner or operator shall cease use of
the property until such time as a new special use permit application
is submitted and approved in accord with the provisions of this article.
