The purpose of this article is to allow the proper integration of commercial and industrial uses and other uses into the community which are listed in Articles
IV and
VII of this chapter which may be suitable within a zoning district only on certain conditions and only at appropriate locations. Because of their characteristics, or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located and planned with respect to:
A. The objectives of this chapter.
B. Their effect on surrounding properties.
C. The ability of the Town to accommodate the growth
resulting from the proposed use without undue adverse effect on the
Town and its citizens and taxpayers, and the protection of health,
safety and welfare of the Town and its citizens.
D. The objectives of the Land Use Plan.
A land use or development involving a use listed in Article
IV as multifamily dwellings, commercial uses, or industrial uses (including new construction, additions or changes in use) or under site plan review or in Article
VII hereof, shall not be undertaken unless and until the Planning Board has approved or approved with conditions such use, and the Zoning Administrator has issued a permit for such land use or development pursuant to the terms of Article
XII hereof. Type I uses, listed under site plan review in Article
IV, require a permit from the APA as a Class A Project. A list of Class A Projects is included in this chapter under Appendix A. Class B Regional Projects are Type II uses under site plan review. A list of Class B Projects is included in this chapter under Appendix B.
In accordance with § 274-a of the
Town Law, the Planning Board is authorized to review and approve,
approve with modifications, or disapprove site plans prepared to specifications
set forth in this chapter and in regulations of the Planning Board,
showing the arrangement, layout and design of the proposed use of
the land shown on such plan, including activities designated as Class
A (Type I) and Class B (Type II) regional projects by the Adirondack
Park Agency and all commercial and industrial uses and multifamily
residential uses.
In order to approve any Type I or Type II site
plan review use, the Planning Board shall find that:
A. The use complies with all other requirements of this
chapter, including the dimensional regulations of the zoning district
in which it is proposed to be located;
B. The use would be in harmony with the general purpose
and intent of this chapter, specifically taking into account the location,
character, and size of the proposed use and the description and purpose
of the district in which such use is proposed, the nature and intensity
of the activities to be involved in or conducted in connection with
the proposed use, and the nature and rate of any increase on the burden
of supporting public services and facilities which will follow the
approval of the proposed use;
C. The establishment, maintenance or operation of the
proposed use would not create public hazards from traffic, traffic
congestion, or the parking of automobiles or be otherwise detrimental
to the health, safety or general welfare of persons residing or working
in the neighborhood of such proposed use, or be detrimental or injurious
to the property and improvements in the neighborhood or the general
welfare of the Town; and
D. The project would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space to provide supporting facilities and services made necessary by the project - taking into account the commercial, industrial, educational, residential, recreational or other benefits that might be derived from the project. In making this determination, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth hereof, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in §
200-28 of this article.
The following are those factors which relate
to the potential for adverse impact upon the park's natural aesthetic,
ecological, wildlife, historical, recreational or open space resources
which shall be considered, as provided in the chapter, before any
Type I or II site plan review project is undertaken in the Town. Any
burden on the public in providing facilities and services made necessary
by such land use and development or subdivisions of land shall also
be taken into account, as well as any commercial, industrial, residential,
recreational or other benefits which might be derived therefrom.
A. Natural resource considerations.
(1) Water.
(b)
Natural sedimentation or siltation.
(d)
Existing drainage and runoff patterns.
(e)
Existing flow characteristics.
(f)
Existing water table and rates of recharge.
(2) Land.
(c)
Floodplain and flood hazard.
(e)
Viable agricultural soils.
(i)
The quality and availability of land for outdoor
recreational purposes.
(5) Critical resource areas.
(a)
Rivers and corridors of rivers designated to
be studied as wild, scenic or recreational in accordance with the
Environmental Conservation Law.
(c)
Habitats of rare and endangered species and
key wildlife habitats.
(d)
Alpine and sub-alpine life zones.
(f)
Elevations of 2,500 feet or more.
(g)
Unique features, including gorges, waterfalls,
and geologic formations.
(7) Aesthetics.
(b)
Natural and man-made travel corridors.
B. Historic site considerations.
(1) Historic factors.
(a)
Historic sites or structures.
C. Site development considerations.
(1) Natural site factors.
(d)
Depth to groundwater and other hydrological
factors.
(2) Other site factors.
(a)
Adjoining and nearby land uses.
(b)
Adequacy of site facilities.
D. Governmental considerations.
(1) Governmental service and finance factors.
(a)
Ability of government to provide facilities
and services.
(b)
Municipal school or special district taxes or
special district.
(2) In considering the approval of columbariums, the Planning
Board shall require reasonable conditions or provisions to ensure
the continued maintenance of the columbarium facility in perpetuity.
[Added 2-23-1999]
E. Governmental review considerations.
(1) Governmental control factors.
(a)
Conformance with other governmental controls.