Applications for a special use permit (either Type A or Type B permit) shall be submitted to the Zoning Enforcement Officer. Upon receipt of the application materials, the Zoning Enforcement Officer shall determine whether the special use permit application is complete or whether additional information is required from the applicant. Once the application for a special use permit has been approved as complete, the Zoning Enforcement Officer shall submit the applications, within five days to either the Zoning Board of Appeals or the Planning Board, whichever one is the appropriate board, as specified in §
200-11, Schedule of Use Regulations. The Zoning Board of Appeals and Planning Board shall review
and act on all special use permits in accordance with the procedures
specified herein:
A. Application and fee. All applications for special
use permits made to the Zoning Enforcement Officer shall be in writing,
on forms and in accordance with the schedule prescribed by the Town.
In order to be considered complete, the application shall include
the following:
(1) A preliminary plan which demonstrates the overall
site layout and building locations, parking areas, access and egress
locations, setbacks and buffer areas, lighting, landscaping, signage
and the location and extent of existing development on adjacent parcels.
(2) Preliminary building plans and elevation illustrating
proposed building construction and alteration, including an indication
of exterior materials, textures and colors.
(3) Payment of the applicable fee in accordance with the
fee schedule established and annually reviewed by the Town Board.
(4) Either a short or full environmental assessment form
as required by SEQR, Article 8 of the Environmental Conservation Law
and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
(5) Any other information deemed helpful or necessary
by the Zoning Board of Appeals or Planning Board to explain the nature
of the proposed use and its consistency with the standards established
by this chapter for special permit uses.
B. Public notice and hearing. The Zoning Board of Appeals
or Planning Board shall, within 62 calendar days of receipt of the
complete application from the Zoning Enforcement Officer, conduct
a public hearing on the special use permit application. The Zoning
Board of Appeals or Planning Board shall provide a copy of the notice
of said hearing to the applicant, and at which hearing the applicant
shall appear in person or by agent. The Boards shall additionally
provide notice as follows:
[Amended 4-22-1996 by L.L. No. 1-1996]
(1) By publishing at least five calendar days prior to
the date of the hearing a legal notice of the public hearing in the
official newspaper of the Town.
(2) If the land involved in the application lies within
500 feet of the boundary of any other municipality, the Secretary
of the Planning Board or Zoning Board of Appeals shall also mail,
by certified mail, return receipt requested, at least five calendar
days prior to the public hearing to the municipal Clerk of such other
municipality or municipalities, a copy of the notice of the substance
of every application, together with a copy of the official notice
of such public hearing.
(3) Notification by certified mail, return receipt requested,
to all property owners within 200 feet of the property line of the
applicant's property involved in the special use permit application.
All costs incurred for publication and mailing of notices for the
public hearing shall be paid by the applicant.
C. Consultant review. In its review, the Zoning Board
of Appeals and the Planning Board may consult with the Town Zoning
Enforcement Officer and/or Building Inspector, the Superintendent
of Highways, the Conservation Advisory Council, other local and County
officials and its designated private planning and engineering consultants
(if any), in addition to representatives of state agencies.
D. Required referral. A full statement of any special use permit application that meets the referral requirements of Article
X shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review.
E. Decisions. The SEQR process for each application must
be completed prior to the Board's decision to grant or deny the application
for a special use permit. Every decision of the Zoning Board of Appeals
and Planning Board with respect to a special use permit application
shall be made by resolution within 90 calendar days of receipt of
the completed application to the Board or within 62 calendar days
of the public hearing, whichever shall first occur, unless an extension
of the time frame is mutually agreed to by the applicant and the Board.
The resolution shall clearly state the decision, including findings,
and any conditions attached thereto. Each such decision shall be filed
in the office of the Town Clerk within five calendar days thereof.
Certified copies shall also be sent to the applicant and to the Town's
Zoning Enforcement Officer and Building Inspector.
[Amended 4-22-1996 by L.L. No. 1-1996]
F. Reimbursable costs. Reimbursable costs incurred by
the Zoning Board of Appeals and the Planning Board for private consultation
fees or other extraordinary expense in connection with the review
of a special use permit application shall be charged to the applicant.
Such reimbursable costs shall be in addition to the required application
fee. Maximum amounts for such reimbursable costs by project type and
size shall be in accordance with the fee schedule established and
annually reviewed by the Town Board. In no event shall the Zoning
Board of Appeals incur any expense for consultants without the expressed
consent of the Town Board.
G. Integration of procedures. Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this section, with the site plan review and approval process described in Article
X, as well as the applicable requirements of the State Environmental Quality Review Act.
A special use permit shall be deemed to authorize
only the particular use or uses expressly specified in the permit
and shall expire if the special use permit activity is not commenced
and diligently pursued within six calendar months of the date of issuance
of the special use permit. Upon prior written request to the Zoning
Board of Appeals or Planning Board, the time period for initiation
of the special permit use may be extended for a maximum period of
six calendar months from its otherwise specified termination date.
In the case where subsequent site plan review and approval or the
issuance of a building permit is required, vesting of the special
use permit may occur through submission of a complete application
for either required site plan approval or the issuance of a building
permit to carry out all work governed by the special use permit.
In all instances, including those cited above,
a special use permit may be revoked by the Zoning Board of Appeals
or the Planning Board, after public hearing, if it is found and determined
that there has been a substantial failure to comply with any of the
terms, conditions, limitations and requirements imposed by said special
use permit. Whichever Board was given the original power to grant
the special use permit is the Board that has the authority to revoke
the permit, according to the conditions set forth in this chapter.