A building, structure or parcel of land may be employed for a special use if the use is specifically listed as a special use in the regulations governing the zoning district where the use is proposed and if a special permit is approved by the Planning Board in accordance with this article. It is recognized that a proposed special use may actually consist of a principal special use and some related use or uses. An applicant may seek authorization for a group of related special uses, so long as they are components of one overall operation conducted by related or affiliated entities and they are adequately described and approved in one special use permit application. Any special use permits which have already previously been authorized and which include any special uses related and/or ancillary to a principal special use shall be deemed to be validly authorized special uses. A special permit, in accordance with §
105-136, is also required for any new telecommunications tower or shared use of an existing tall structure for telecommunications purposes in all zoning districts.
A special permit application shall be filed with the official by the owner or owner's agent at least two weeks (14 days) prior to the Planning Board meeting at which it is to be introduced, on forms prescribed by the official. A nonrefundable special permit application fee, as set forth in the Fee Schedule in Chapter
A210, Fee Schedule, of the Code of the Town of Greenfield, New York, shall accompany each application.
A. A special permit application shall contain the following
to be deemed complete:
(1) Two copies of a completed application form, containing:
(a)
The applicant's name, address and interest in
the property.
(b)
The name of the owner of the subject property
(if different from the applicant).
(c)
The subject property address and Tax Map and
lot number as shown on the tax records of the Town of Greenfield.
(d)
The current zoning district classification and
present use of the subject property.
(2) A written general description of the proposed project,
the number of buildings to be constructed or converted, their present
and proposed uses and the number and type (resident, employee, etc.)
of occupants anticipated to be accommodated by the project after completion.
(3) A preliminary site plan, at a scale of one inch to
50 feet or less as may be required by the official, which shall display:
(a)
All property lines, building setback lines,
easements and right-of-way lines with dimensions, bearings and distances.
(b)
A North arrow, scale and date of original submission
and of each subsequent submission.
(c)
A title block identifying the project name,
the name and address of the applicant and/or property owner, and the
name, address, license number and seal of a New York State licensed
professional empowered to certify all requirements specified in this
chapter who prepared the drawing.
(d)
A key map at a scale of one inch equals 800
feet, showing the location of the proposed project within the Town.
(e)
Existing structures within 200 feet of the property
boundaries and an indication of any water bodies or other sensitive
environmental features lying within 200 feet of the site.
(f)
Existing and proposed contour lines and spot
grades as required to demonstrate grading and drainage.
(g)
All proposed buildings (with dimensions), parking
and loading areas, curbing, sidewalks, access drives and fences.
(h)
The design specifications and construction materials
of all proposed site improvements.
(i)
The proposed method of providing potable water
and sewage disposal. Proposed locations, design specifications, calculations,
and construction materials must be provided to show their adequacy
for serving the proposed project.
(j)
A site drainage plan, showing the location and
design of proposed stormwater management facilities. Calculations
concerning the ability for the existing and proposed drainage system
and any existing facilities to accept additional anticipated flows
shall be submitted.
(k)
A delineation of the existing and proposed plant
materials on site. This plan shall include a planting schedule listing
all proposed plants, their size at initial planting and the quantity
of each plant material specified.
(l)
Proposed area lighting, indicating the location
and type of the proposed fixtures.
(m)
The location of at least one central point for
trash removal.
(n)
Vehicular circulation, providing adequate turnaround
area for emergency vehicles and accessibility to all required off-street
parking, on-site loading and maneuvering space and trash pickup area.
(o)
The location and design for proposed signs.
(p)
The type of materials and exterior treatment
of all structures proposed.
(q)
Provisions for the physically impaired.
(4) Application for a site plan approval will be accompanied by a fee in accordance with the Fee Schedule contained in Chapter
A210 of the Code of the Town of Greenfield, New York.
(5) The following additional information shall be required
and may be provided on the site plan or on additional drawings, as
appropriate:
(a)
The location of any water bodies, floodplains,
wetlands or other potentially sensitive environmental features at
the site.
(b)
Topographic slopes in excess of a grade of 15%.
(c)
Bedrock and other significant geological features.
(6) A statement and documentation as may be required to
comply with this chapter or other relevant Town law describing the
intended method of ownership and maintenance of open space.
(7) Copies of any applications or reports submitted to the Town of Greenfield Environmental Commission, required in compliance with Chapter
49, Environmental Quality Review, of the Code of the Town of Greenfield, New York.
B. Other elements integral to the proposed development
may be required by the Planning Board where considered necessary to
carry out the intent of this chapter, including but not limited to
testing to assess environmental capabilities.
C. If a notice of violation has been served on the owner or occupant of property pursuant to §
105-26A, no application shall be accepted for review by the Planning Board, and no building permit shall be issued by the Building Inspector relating to that property except for actions to cure the violation, and no certificate of occupancy shall be issued by the Building Inspector, unless and until the violation has been remedied or removed and any applicable fine has been paid as determined by the official or by a court if legal action has been instituted.
[Added 4-8-2010 by L.L. No. 1-2010]
After considering the evidence presented at
the public hearing and after making any further investigations considered
necessary to ensure compliance with this chapter, the Planning Board
shall determine whether or not to grant a special permit for the proposed
use. A special permit shall be issued if the use for which it is sought
is consistent with all of the following standards:
A. Operations in connection with the proposed use will
not be more objectionable to nearby properties by reason of noise,
fumes, vibration, illumination or other potential nuisance than the
operation of any permitted use in the particular district.
B. Community infrastructure and services, including but
not limited to protective services, roadways, garbage collection,
schools and water and sewer facilities, are currently or will be of
adequate capacity to accommodate the proposed use.
C. The proposed site possesses adequate soil capacity
and natural features to safely support proposed facilities and structures,
including water and septic services at the site.
D. The proposed use, building design and site layout
shall meet the provisions of the Zoning Law and other regulations
and ordinances of the Town and standards of New York State and comply
with the intent of the Town's Comprehensive Land Use Plan.
E. Vehicular and pedestrian traffic patterns associated
with the proposed use will be appropriate and satisfactorily established
and managed for the area involved. Factors for the Planning Board
to consider in making this determination include turning movements
in relation to traffic flow, proximity to and relationship to intersections,
adequacy of sight distances, location and access of off-street parking,
provision for pedestrian traffic, capacity of existing roads and minimizing
pedestrian-vehicular circulation conflicts.
F. The proposed use, design and layout will be of such
location, size and character that it will be in harmony with the appropriate
and orderly development of the surrounding area.
G. The proposed location and height of buildings or structures,
walls and fences, parking, loading and landscaping shall be such that
it will not interfere or discourage appropriate development of land
adjacent to the proposed site or unreasonably affect its value.
H. In areas where there are patterns and similarities
in the scale and design of neighborhood structures, the scale, design
and material of the proposed structure(s) shall be compatible with
existing structures within 500 feet of the site.
I. Adequate screening, landscaping, exterior lighting,
signs and architectural designs compatible with the neighborhood and
of appropriate size and style will be provided to protect neighborhood
properties within 500 feet of the site from any adverse impacts that
might result from the proposed use.
J. The development will be organized in a way which reflects
the natural capabilities of the site to support such a use. Buildings,
lots and support facilities will be clustered in those portions of
the site that have the most suitable conditions for development. Environmentally
sensitive areas, such as wetlands, steep slopes, floodplains and unique
natural features, will be maintained and preserved.
K. The existing landscape will be preserved in its natural
state insofar as practical by minimizing tree removal, disturbance
and compaction of soil. Landscaping will be provided to adequately
define street edges, buffer adjacent properties and break up parking
areas.
L. As appropriate, the site will provide for recreation areas and open space sufficient to meet the needs of users and residents of the development and shall be owned and managed in accordance with §
105-122 of this chapter.
M. The proposed use has been preliminarily approved by
all other governmental entities and agencies which have jurisdiction.
N. The Planning Board may adopt site plan review design
guidelines for the Town as a whole or tailored to specific geographic
areas, such as hamlet areas or commercial corridors, as necessary
to further implement the policies contained in the Town's Comprehensive
Land Use Plan. Said guidelines shall be advisory in nature. Applicants
for special use permits will be encouraged to consider and incorporate
said guidelines in the preparation of applications.
O. The proposed site or use will comply with the requirements of Chapter
49, Environmental Quality Review, of the Code of the Town of Greenfield, New York.
P. The proposed development will comply with the stormwater management requirements put forth in §
90-23 of the Subdivision Regulations of the Town of Greenfield, New York.
Q. Any person who applies for any reason to the Town
of Greenfield Planning Board or the Town of Greenfield Zoning Board
of Appeals must be in compliance with all sections of the Town of
Greenfield Zoning Law, except for the item or items encompassed in
that particular application, for that application to be accepted for
action by either Board.
Upon making a determination on the application
for a special use permit, the Planning Board shall inform the official
of its decision. If the application for a special use permit is approved,
the official will issue a written permit to the applicant, containing
a written explanation of any special conditions imposed by the Planning
Board. If the Planning Board disapproves the application for a special
use permit, the official shall inform the Building Department not
to issue a building or use permit to the applicant but shall supply
written notice of the disapproval to the applicant.
The issuance of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure but shall merely authorize the processing of applications for any permits or approvals which may be required by Town, county or state codes or laws. Where applicable, the review of a special use permit application shall include the site plan review that shall be required under Article
IX, Site Plan Review.
A special use permit authorizes only the activity
expressly described in the application and approved permit materials.
A special use permit shall expire upon change in property ownership
or property transfer, unless the official is notified by the owner,
in writing, prior to property transfer and the Planning Board reviews
the use or activity and special permit documents and is satisfied
that the use has and is being conducted in a manner that is consistent
with the special permit and any conditions which may have been stipulated
at the time of its issuance and approves, in writing, the transfer
of the special use permit. Lack of reply from the Planning Board within
30 days of notification by the property owner shall constitute approval
of the continuation of the special use permit. A new special use permit
shall be required for any expansion, alteration or variation of a
use already authorized by a special use permit. A request for such
a permit shall be subject to the application and review procedures
described in this article.