The intent of this article is to set forth the
procedure and standards for the review and approval of special uses.
Special use permits apply to uses which may or may not be compatible
with other uses in the district in which they are proposed. The purpose
of the special use permit is to ensure the compatibility of such uses
by applying appropriate standards.
In accordance with Town Law § 274-b, the
Town of Corinth Planning Board is hereby authorized to grant special
use permits for those uses listed as requiring a special use permit
in Schedule 1 following this chapter. The Planning Board shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed special
use permit.
All applications made to the Planning Board shall be in writing, on forms prescribed by the Planning Board and shall contain those items specified in § 89-20B, as determined necessary by the Planning Board. In addition, the application shall be accompanied by the following:
Prior to taking action on the preliminary site
plan application, if applicable, the Planning Board shall refer a
copy of the application to the Saratoga County Planning Board for
its review in accordance with § 239-m of the General Municipal
Law. No action shall be taken by the Planning Board on such application
until an advisory recommendation has been received from the County
Planning Board or 30 calendar days have lapsed since the County Planning
Board received such full statements. Applicable uses include any site
plan within 500 feet of:
A.
The boundary of any city, village, or town;
B.
Any existing or proposed county or state park or other
recreation area;
C.
The right-of-way of any existing or proposed county
or state parkway, thruway, expressway, road or highway;
D.
The existing or proposed right-of-way of any stream
or drainage channel owned by the county or for which the county has
established channel lines, and the existing or proposed boundary of
any county- or state-owned land on which a public building or institution
is situated.
In authorizing any special use, the Planning Board shall take into consideration the public health, safety, general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take into account the specific conditions set forth in this section for certain uses, applicable supplementary regulations stated in Article VIII of this chapter, and the following general objectives.
A.
Adjacent land uses. The proposed use should not discourage
the appropriate development and use of adjacent land and buildings
or impair the value thereof. The proposed use shall not have a negative
effect on adjacent land uses.
B.
Location and size of use. The nature, scale and intensity
of the operations involved, the size of the site in relation to the
use, and the location of the site with respect to existing and future
streets providing access shall be in harmony with the orderly development
of the district.
C.
Vehicular access and circulation. Adequacy and arrangement
of vehicular traffic access and circulation, including intersections,
road widths, alignment, grade, pavement surfaces, channelization structures,
visibility and traffic controls shall be considered.
D.
Pedestrian circulation. Adequacy and arrangement of
pedestrian traffic access and circulation, walkway structures, control
of intersections with vehicular traffic, and overall pedestrian convenience
shall be considered.
E.
Parking. Location, arrangement, appearance and sufficiency
of off-street parking and loading shall be considered.
F.
Layout. The location, arrangement, size, design and
general site compatibility of buildings, lighting and signage shall
be considered.
G.
Drainage facilities/erosion control. Adequacy of stormwater
management plans and drainage facilities shall be considered.
H.
Water and sewer. Adequacy of water supply and sewage
disposal facilities and their compliance with Saratoga County Department
of Health requirements shall be required.
I.
Vegetation. The type and arrangement of trees, shrubs
and other landscaping components shall be considered. Existing vegetation
shall be retained to the extent possible.
J.
Emergency access. Adequate provision for fire, police,
and other types of emergency vehicles shall be made.
K.
Flooding. Special attention shall be given to the
adequacy of structures, roadways and landscaping in areas with susceptibility
to ponding, flooding and/or erosion.
L.
Aesthetics. The impacts of visual intrusion and noise
on adjacent areas and areas within viewing distance shall be considered.
In addition to the general standards stated above and the site plan review considerations stated in Article VI of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below:
A.
Mining and excavation exempt from state jurisdiction.
The regulations below, (1) through (10), shall apply to operations
including the loading, hauling and/or processing of sand, gravel,
soil, shale, topsoil, stone, and all or any aggregate material native
to the site. These regulations shall apply when said material is in
excess of 400 tons or 200 cubic yards, whichever is less, but less
than 1,000 tons or 750 cubic yards, whichever is less, within 12 successive
calendar months. Noncommercial mining performed on agricultural lands
for agricultural purposes and noncommercial mining performed on subdivision
lands for the purpose of said subdivision, which mined material shall
remain on site, shall be exempt from the following provisions.
(1)
Slopes caused by excavation shall, upon completion,
not exceed 30%;
(2)
Depth of excavation shall be no closer than five feet
to the mean high groundwater level measured annually;
(3)
Stockpiled materials shall not exceed 30 feet in height;
(4)
The hours of operation shall be as determined by the
Planning Board. The decision shall be based on potential impacts on
nearby land uses;
(5)
The routing of transport shall be as determined by
the Planning Board. Said decision shall take into account impacts
on roads, public rights-of-ways, natural or man-made barriers to restrict
access, dust control measures, ingress/egress, affected land uses,
and any other factors deemed worthy of consideration;
(6)
A time schedule for completion of either the entire
operation or, if excavation is to occur in stages, of each stage of
the operation shall be submitted for approval. No renewal of the special
use permit shall be granted until the permit holder shall have complied
with all provisions of the reclamation plan [see (8), below];
(7)
An operations plan, including the number and type
of trucks and other machinery to be used on the site, shall be submitted
for approval;
(8)
A progressive restoration and rehabilitation/reclamation
plan, showing both existing contours and proposed final contours after
operations are completed, at two-foot intervals, shall be submitted
for approval. Such restoration and rehabilitation/reclamation plan
shall include sowing and planting and proper vegetation so as to prevent
erosion, unsightliness and nuisance impact on neighboring properties,
groundwater resources and aquifers;
(9)
A buffer area of not less than 100 feet shall be established
between the operation and the nearest property line; and a buffer
area of not less than 100 feet from the nearest road shall be established.
The entry into the excavated area shall be curved so as to prevent
a direct view from the public right-of-way;
(10)
Such special use permit, including renewals, shall
be restricted to a disturbed area not to exceed five acres and to
a time period not to exceed six years in total, at which time all
reclamation activities shall have been completed.
B.
Mining and excavation under state jurisdiction. The
regulations below shall apply to those operations including the loading,
hauling, and/or processing of sand, gravel, soil, shale, topsoil,
stone, and all or any aggregate material native to the site when said
material is in excess of 1,000 tons or 750 cubic yards, whichever
is less, in 12 successive calendar months, or greater than 100 cubic
yards from or adjacent to any body of water.
(2)
Ingress to and egress from the site which involves
locally controlled roads shall be such that vehicles associated with
the operation can enter and exit safely without undue disturbance
to adjacent land uses;
(3)
The routing of mineral transport vehicles over locally
controlled roads shall cause as little damage as practicable to the
road surface and create as little disturbance as is possible to adjacent
land uses;
(4)
The Town has the authority to enforce New York State
Department of Environmental Conservation (DEC) requirements as they
pertain to setbacks from property boundaries and public rights-of-way,
natural and man-made barriers to restrict access if required, dust
control, hours of operation, and other DEC conditional requirements;
(5)
The Town has the authority to enforce New York State
Department of Environmental Conservation requirements as they pertain
to reclamation.
C.
Gasoline stations.
(1)
A gasoline station lot and/or fuel storage tank shall
not be located within 500 feet of any municipal water wells or other
municipal water supply source. All fuel storage tanks shall comply
with all federal and state regulations, and documentation must be
provided to show compliance;
(2)
No gasoline or oil pump, no oiling or greasing mechanism
and no other storage or service appliance installed in conjunction
with any gasoline station or public garage shall be within 25 feet
from any curbline and 50 feet from any property line;
(3)
Entrance and exit driveways shall have an unrestricted
width of not less than 18 feet nor more than 30 feet, nor be located
closer than 10 feet to any side or rear lot line;
(4)
No entrance or exit driveway or parking space shall
be so located as to require the backing of any vehicle into a public
right-of-way;
(5)
No access drive shall be within 200 feet of and on
the same side of the street as a school, public library, theater,
church or place of worship, or other public gathering place, park,
playground or fire station designed for occupancy by more than 50
persons, unless a street with a right-of-way of not less than 50 feet
lies between such gasoline station and such building or use; and
(6)
All major repair work, storage of materials, supplies,
and parts shall be located within a structure completely enclosed
on all sides, not to be construed as meaning that the doors on any
repair shop must be kept closed at all times.
D.
Composting facilities.
[Added 4-3-2008 by L.L. No. 1-2008]
(1)
Terms used in this § 89-31D but not defined shall have the meanings provided in 6 NYCRR 360-1.2 and 360-5.2.
(2)
A property or facility at which composting would occur
or be conducted shall not be considered an industrial, manufacturing
or other type of use other than a composting facility for purposes
of the use, area and bulk regulations of the Town's Land Use Law.
(3)
No anaerobic composting shall be allowed.
(4)
All applications for the establishment or expansion
of composting facilities shall be considered Type 1 actions under
the State Environmental Quality Review Act (SEQRA) requiring a full
environmental assessment form.
(5)
If a permit for, or registration of, a composting
facility, or the expansion of, a composting facility is required under
Part 360 of the New York Compilation of Rules and Regulations (NYCRR
Part 360), a special use permit application shall be made simultaneously
to the Town Planning Board and shall include the complete DEC application.
Any correspondence with DEC relating to such a facility or its expansion
or to a proposed facility shall be provided to the Planning Board.
A facility which is exempt from the Part 360 regulations pursuant
to 6 NYCRR 360-5.3 is not exempt from the Town's requirements.
(6)
If any requirements of this § 89-31D are inconsistent with any requirements of 6 NYCRR Part 360 or other applicable laws, rules or regulations, the most restrictive shall apply.
(7)
In addition to the items required by § 89-28 of the Town Code, an application for a special use permit for a composting facility shall include the following, which may be provided as part of a DEC permit application, included with the special use permit application:
(a)
Drainage control measures to prevent leachate
runoff from the site and evidence of compliance with state requirements
for stormwater pollution prevention plan (SWPPP) and state pollutant
discharge elimination system (SPDES) permit requirements.
(b)
Location, design, construction materials and
proposed appearance of all buildings and structures.
(c)
Odor and dust control measures.
(d)
Description of the composition of the wastes
to be composted, the anticipated quantity of each type of material,
proposed and/or anticipated method(s) of transport and delivery, and
how each will be handled at the site, including method(s) and location
of storage.
(e)
Current and projected level-of-service ratings,
as determined by a qualified traffic engineer, for existing roadways
over which any materials will be transported and discussion of any
existing or anticipated problems with roads or transportation of materials.
(f)
Identification of daily traffic flow to and
from the facility, including existing levels and postdevelopment levels.
(g)
Identification of surrounding land uses and
other traffic generators.
(h)
Measures for controlling noise and dust from
vehicles.
(8)
All composting facilities shall be operated in accordance
with current standards established by the United States Environmental
Protection Agency, the United States Department of Agriculture, the
New York State Department of Environmental Conservation and any and
all other applicable government regulatory agencies. In case of any
conflict or inconsistency between or among any such standards, the
more stringent shall govern.
(9)
Nothing other than compostables as herein defined
may be stored, processed, composted or otherwise located at a composting
facility.
(10)
No compostables may be stored within 500 feet of any
boundary of the composting facility when the adjacent property is
a road right-of-way or is not zoned an Industrial (I) District.
(11)
No compostables may be stored or maintained at a height
greater than 25 feet.
(12)
A composting facility must provide accessibility to
all points of the site with a surface capable of supporting heavy
rescue equipment and emergency vehicles. The operation must comply
with all applicable local, state and federal fire and safety codes.
(13)
Ingress to and egress from the site which involves
locally controlled roads shall be such that vehicles associated with
the operation can enter and exit safely without undue disturbance
to or interference with adjacent land uses and traffic.
(14)
The routing of transport shall be determined by the
Planning Board, taking into account the construction and carrying
capacity of roads and the potential impacts of additional traffic,
particularly including truck traffic to and from the composting facility,
on roads, public rights-of-way, natural or man-made barriers to restrict
access, dust control measures, ingress/egress, affected land uses
and any other factors deemed worthy of consideration. The routing
of vehicles over locally controlled roads shall cause as little damage
to the road surface as practicable and create as little disturbance
as possible to adjacent land uses and traffic.
(15)
No composting facility shall be located within 100
feet of any water supply source, including but not limited to private
water supply wells, aquifers and surface water bodies which provide
a water supply to humans or livestock. Information shall be provided
to demonstrate that the proposed composting facility is hydraulically
separated from reservoirs, reservoir stems, underground aquifers and
reservoirs, and controlled lakes. In addition, a hydrogeologic analysis
shall be conducted as part of the special permit application process
to ensure that any possible groundwater leaching will not contaminate
any drinking water supply.
(16)
A vegetated buffer area not less than 100 feet wide
shall be established and maintained between the operation and all
property boundaries. Existing vegetation shall be retained to the
extent possible. Where existing vegetation is not sufficient to adequately
screen the facility from view, additional native vegetation compatible
with the existing vegetation shall be planted and maintained. The
entry road to the facility shall be curved so as to prevent a direct
view from the public right-of-way.
(17)
The permissible hours of operation shall be determined
by the Planning Board based on potential impact on nearby land uses.
(18)
An operations plan, including the number and type
of trucks and other machinery and vehicles to be used in connection
with the operation and estimated number of vehicles trips each day
(7:00 a.m. to 7:00 p.m.) and night (7:00 p.m. to 7:00 a.m.), shall
be submitted for approval.
(19)
Access to and use of the facility shall be strictly
and continuously controlled by fencing, gates, signs, natural barriers
or other suitable means. An eight-foot-high chain link or solid wood
fence shall be erected and maintained around all sides of the premises
adjacent to the required one-hundred-foot vegetated buffer, between
the buffer and the area where composting and any related on-site activities
will be conducted. Ingress and egress shall be provided by a gate
which shall be closed and locked at any time that there is no attendant
on duty at the facility.
(20)
Compostables must be confined to an area that can
be effectively maintained, operated and controlled. Compostables must
not be accepted at a composting facility unless they are adequately
covered or confined in the vehicle transporting them in order to prevent
dust, blowing material and odors.
(21)
Dust must be effectively controlled so that it does
not constitute a nuisance or hazard to health, safety or property.
The composting facility owner or operator must undertake any and all
measures required by the Town to maintain and control dust at and
emanating from the facility, including, but not limited to, applying
water to roads to prevent blowing dust.
(22)
The composting facility must be maintained so as to
prevent or control on-site populations of vectors (pests, rodents,
insects, birds, etc.), using techniques appropriate for protection
of human health and the environment and to prevent the facility from
becoming a vector breeding area.
(23)
Odors must be effectively controlled so that they
do not constitute nuisances or hazards to health, safety or property.
(24)
On-site roads and other throughways must be passable
and safe at all times and of sufficient width to allow two vehicles
traveling in opposite directions to pass by each other safely and
to allow safe, fast access and turnaround room for emergency vehicles.
(25)
Mufflers are required on all internal-combustion-powered
equipment used at the composting facility. Sound levels for such equipment
must not exceed 80 decibels at a distance of 50 feet from the operating
equipment.
(26)
Noise.
(a)
Noise levels resulting from equipment or operations
at the facility must be controlled to prevent transmission of sound
levels beyond the property line to exceed the following Leq energy
equivalent sound levels:
|
Adjacent Zoning District
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |
|---|---|---|---|
|
High Density Residential (R-1)
|
62 dBA
|
52 dBA
| |
|
Mixed Residential (R-2)
|
62 dBA
|
52 dBA
| |
|
Moderate Density Residential (R-3)
|
62 dBA
|
52 dBA
| |
|
Rural/ Residential (R-R)
|
62 dBA
|
52 dBA
| |
|
Commercial (C)
|
62 dBA
|
52 dBA
|
(b)
The Leq is the equivalent steady-state sound
level which contains the same acoustic energy as the time-varying
sound level during a one-hour period. It is not necessary that the
measurements be taken over a full one-hour time interval, but sufficient
measurements must be available to allow a valid extrapolation to a
one-hour time interval.
(c)
If the background residual sound level (excluding
any contributions from the composting facility) exceeds these limits,
the facility must not produce an Leq exceeding that background.
(d)
The sound level must be the weighted sound pressure
level measured with the slow-metering characteristic and A-weighted.
(e)
Measuring instruments must be Type 1 general
purpose sound-level meters, Type 2 or corresponding special sound-level
meters Type S1A or S2A.
(27)
Open burning at any composting facility is prohibited.
Measures must be taken immediately to extinguish any fire and the
Town must be notified that it has occurred.
(28)
Information to be provided to Town.
(a)
The owners and operators of the facility must
provide the Town with telephone numbers and other information for
designated facility operators and management personnel to enable the
Town to contact them 24 hours per day, seven days per week, every
day of the year in case of an emergency at the facility.
(b)
The composting facility operator must provide
to the Town eight copies of:
[1]
The DEC permit issued pursuant to 6 NYCRR Part
360, including conditions;
[2]
The operation and maintenance report;
[3]
The contingency plan;
[4]
The most recent annual report; and
[5]
The certificate of attendance issued by DEC
to each individual successfully completing a course of instruction
in solid waste management procedures relevant to the facility at which
the facility operator is employed.
(c)
The composting facility operator shall also
provide copies of the daily operational records required to be maintained
by the DEC Solid Waste Management Regulations Section 360-1.14(i)
and 360-5.7(c)(1), such copies to be submitted to the Town Clerk on
a monthly basis not later that five business days following the first
day of the month.
(29)
The owner or operator of any active or inactive composting
facility must, upon termination of use, properly close that facility
and must monitor and maintain such closure so as to minimize the need
for further maintenance or corrective actions and to prevent or remedy
adverse environmental or health impacts such as, but not limited to,
contravention of surface water and groundwater quality standards,
gas migration, odors and vectors. Termination of use includes those
situations where a facility has not received compostables for more
than one year, unless otherwise provided by permit, or if the permit
has expired. Permit denial or an order of closure or equivalent order
of the DEC Commissioner or of a court shall also constitute termination
of use. Specific closure measures which may also include corrective
actions are subject to approval by the Town Board. In addition, outdoor
composting facilities shall remove all compostables from the site
within 45 days of termination of use. Groundwater testing must be
completed prior to any change of use of the property and residential
uses shall not be permitted on the site of a composting facility following
closure.
(30)
The storage, composting and land application of nonhuman animal waste and/or manure for agricultural purposes in normal farming operations and on residential properties where large farm animals are lawfully kept shall be exempt from the provisions of this Subsection D, provided that such activities are conducted in a safe, nuisance-free manner, and provided that for nonfarm residential properties such wastes are generated only on-site. The following shall be exempt when conducted on a farm located within an Agricultural District adopted by the county and certified by the state pursuant to Agriculture and Markets Law Article 25-AA:
(a)
Storage, composting and land application of
vegetative residuals from food processing activities that are visually
recognizable as a part of the plant or vegetable, including but not
limited to cabbage leaves, bean snips, onion skins, apple pomace and
grape pomace, if such waste is used on the same property as a fertilizer
or soil conditioner in normal farming operations and the land application
activity is conducted under best agricultural management practices.
(b)
Disposal within the property boundaries of a
farm of crop residuals, animal (i.e., nonhuman) and aquacultural manure
and animal and aquacultural carcasses and parts generated from that
farm's normal farming operations, if such waste is disposed of in
a safe, nuisance-free manner and in compliance with all applicable
state and federal laws and regulations.
(31)
Complaints.
(a)
Any complaint about a composting facility received by the composting facility operator or owner, whether in writing or by any other means, must be responded to, in writing, within five days by the facility operator. Both the complaint and the response must be documented by the facility operator and a copy of each must be provided to the Town Board. If the Town Board finds that there is reason to believe that the facility is failing to comply with the requirements of this Subsection D and/or the provisions and conditions of the facility's special use permit and/or any other permit relating to the facility, it shall notify the facility operator, in writing, of the provision or provisions which the Town believes may have been violated. The facility operator shall have 30 days from the receipt of such notice to:
[1]
Respond to the Town, in writing, contesting
the assertion and providing such information or documentation as may
be necessary to support its claim; or
[2]
Cure any such violation or, in the event that,
by the nature of the violation, such violation cannot be cured within
such thirty-day period, take reasonable steps to cure the violation
and diligently continue such efforts until the violation is cured.
The facility operator shall report to the Town, in writing, at thirty-day
intervals as to the facility operator's efforts, indicating the steps
taken by the facility operator to cure the violation and reporting
the facility operator's progress, until the violation is cured.
(b)
In the event that the composting facility operator
fails to cure the violation within the stated period, the Town may
convene a public hearing, on notice to the public and the facility
owner and operator, at which hearing the Town shall specify the complaint
against the facility; evidence of the violations complained of shall
be received and the facility operator may be heard. Notice of such
hearing shall be published at least once in the Town's official newspaper
at least 10 days prior to the date of the hearing and shall be posted
on the Town's notice board at least 10 days prior to the date of the
hearing. The Town shall mail a copy of the Notice of Public Hearing
to the owner(s) and operator(s) of the facility and to the owners
of all properties located within 500 feet of the tax map parcel on
which the facility is located.
(c)
The Town may at any time engage the services
of expert consultants to determine the validity of any such complaints
and the actions needed to remedy the conditions complained of, and
the cost of such consultants shall be paid by the composting facility
operator if the facility is found to be in violation. The Town Board
shall make a finding of violation or no violation based on the information
provided at the public hearing, the reports of expert consultants
and such other information as it deems relevant. In the event that
the Town determines that the facility is in violation of any provision
of this subsection or any of the facility's permits, in addition to
any other penalties, the Town may require the facility to discontinue
operations until such time as the violation is remedied or, if the
violation cannot be remedied, may revoke the facility's permit and
order it closed.
(32)
Notwithstanding any other provision of the Town Zoning Law, violation of this § 89-31D shall be punishable by a fine of up to $7,500 for each violation and an additional fine of $1,500 for each day that the violation continues and/or a term of imprisonment of not less than 30 days and not more than one year. This provision is specifically intended to supersede Town Law § 268(1) to increase the punishment provided by that section.
(33)
Any facility already in existence on the date on which this § 89-31D first becomes effective and at which aerobic composting of nonhuman animal waste takes place or is conducted for distribution or sale shall constitute a nonconforming use, which shall be allowed to continue operating to compost such waste in the same manner, utilizing the same type of nonhuman animal waste and/or compostables (as defined in Appendix A of this chapter) for composting, if the continuing operation of such facility does not present a threat to public health or safety. The continued operation of such a nonconforming use shall be otherwise subject to the provisions of Article V of this chapter.
