[Amended 1-19-1999 by L.L. No. 1-1999; 7-6-1999 by L.L. No. 6-1999]
Any use in any part of this chapter made subject
to a special permit by the Village Board of Trustees may be permitted
on application and after public notice and hearing. Such use shall
be deemed to be prohibited unless a special permit has been granted
by the Village Board of Trustees and filed with the Village Clerk.
The grant of a special permit for the use indicated
therein may be conditioned on periodic renewal, which renewal may
be granted only following upon public notice and hearing. Such renewal
shall be withheld or granted subject to terms and conditions additional
to or different from those in the original grant only upon a determination
that:
A.
The factors which justified the original grant no
longer exist or have changed sufficiently to require additional or
different terms and conditions; or
Application for a special permit pursuant to
this article shall be made, in writing, to the Village Board of Trustees,
accompanied by such fee as the Village Board of Trustees may from
time to time set by resolution.[1] Such petition shall be supported by a preliminary site development plan containing information required by Article XI of this chapter, except for such items specifically waived by said Board. The submission should also include the following documentation:
A.
A description of the proposed use, with reference
to the appropriate use and regulations of this chapter, including
any supplementary regulations applying thereto.
B.
A cost-benefit analysis or similar study to review
the estimated municipal costs, services and prospective revenues which
would be generated by the proposed use.
C.
Evidence that the proposed use is consistent with
the goals of the Village Master Plan.
D.
A traffic and circulation study projecting the effects
of the proposed use of the existing and probable future traffic and
access in the vicinity of the proposed use.
E.
Copies of environmental assessments or permit applications
and supporting materials which may be required to meet New York State
or federal regulations.
F.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any special permit approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved special permit shall be consistent with the provisions of Chapter 196, Article I.
[Added 7-16-2007 by L.L. No. 3-2007]
[Amended 5-7-1990 by L.L. No. 2-1990; 1-31-2005 by L.L. No.
1-2005]
Every application for a special permit shall
be filed with the Village Clerk. Fourteen copies of the application
and supporting documentation shall be filed. Prior to decision by
the Village Board of Trustees, the application shall be reviewed by
the Planning Board, which shall submit its recommendations to the
Village Board of Trustees. In reviewing such application, the Planning
Board shall take into consideration the public health, safety and
welfare and the comfort and convenience of the public in general and
of the residents of the immediate neighborhood in particular. The
Planning Board may also recommend the adoption of such terms and conditions
to the special permit as it deems appropriate to achievement of the
foregoing objectives and the following goals:
A.
The accessibility of all proposed structures to fire
and police protection.
B.
The compatibility of the location, size and character
of the proposed use with the orderly development of the zoning district
in which it is located and with that of adjacent properties in conformity
with the zoning district applicable to such properties.
C.
The safety, convenience and congruity with the normal
traffic of the neighborhood and of the pedestrian and vehicular traffic
generated by the proposed use, taking into particular account the
location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets.
D.
The compatibility of the location and height of buildings,
the location, nature and height of walls and fences and the nature
and extent of landscaping on the site with adjacent land and buildings
and their appropriate development.
E.
The preservation of ecological or environmental assets
of the site or adjacent lands.
The Planning Board shall within 30 days, or
such longer period as may be agreed to, in writing, by the Planning
Board and the applicant, of its receipt of such application in proper
form, make its report to the Board of Trustees, together with its
findings on the objectives set forth above. The report of the Planning
Board may also contain recommendations of conditions or other relevant
findings appropriate to the application. The Board of Trustees shall
neither hold a public hearing nor make a decision on the application
until it has received the report of the Planning Board or until the
expiration of a term of 30 days, or such longer period as may be agreed
to, in writing, by the Planning Board and the applicant, from the
date of the Planning Board's receipt of the application, whichever
event shall first occur.
[Amended 9-12-2023 by L.L. No. 17-2023]
The Board of Trustees shall, upon receipt of the report of the Planning Board or upon the expiration of a term of 30 days, or such longer period as may be agreed to, in writing, by the Planning Board and the applicant, from the date of receipt of the application by the Planning Board, whichever event shall first occur, conduct within 62 days a public hearing and within 62 days thereafter render its decision. The Board of Trustees, in considering any application for a special permit hereunder, shall make findings on the objectives and goals listed in § 230-58 and, in addition, may exercise such discretion reserved for legislative matters so as to ensure that the public health, welfare and safety shall be protected, that the environmental and land resources of the community shall be put to the best possible use and that any authorization hereunder shall not create fiscal burdens upon the community at large or an adverse impact upon adjacent property and its permitted use by right under this chapter.
[Amended 5-20-2019 by L.L. No. 7-2019]
Applications shall be referred, when required
by law, to the Westchester County Planning Department for review pursuant
to the Westchester County Administrative Code at least 30 days prior
to the required public hearing. Notice of the public hearing shall
be published at least once not less than 10 days prior to the date
of the hearing in the official newspaper, and notice of hearing shall
be mailed not less than 10 days prior to the date of the hearing to
all owners of property abutting and within 200 feet of the property
for which such application is made and to any other person(s) the
Board of Trustees may deem to be particularly affected. In the case
of any special permit application pertaining to real property within
a distance of 500 feet of the boundaries of any municipality or state
or county road, park or other state-owned facility, notice of such
hearing shall be mailed to the Clerk of such municipality, and to
the County Planning Department not less than 10 days prior to such
hearing. Provided that due notice shall have been published and that
there shall have been substantial compliance with the remaining provisions
of this section, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate any action taken in connection with
the grant or denial of any special permit.
A.
The Board of Trustees, in approving any special permit
hereunder, shall require conformance to any supplementary regulations
applying to such uses generally and may establish such other conditions,
including but not limited to:
(1)
Landscaping.
(2)
Lighting.
(3)
Access and egress.
(4)
Signs.
(5)
Screening.
(6)
Architectural features.
(7)
Location and layout of buildings.
(8)
Definitions or limitations upon the use or characteristics
of the use which are reasonably related to the public health, safety
and general welfare and as may be necessary to carry out the intent
of this chapter.
B.
The decision of the Board of Trustees shall immediately
be filed in the office of the Village Clerk and a copy thereof mailed
to the applicant.
A.
Unless specifically exempted in the decision of the
Board of Trustees, any regulation or conditions of such special permit
shall not be subject to appeal before the Board of Appeals, and any
such appeal shall render such permit void and without effect without
necessity of further action by the Village. Any person aggrieved by
any decision of the Board of Trustees hereunder shall, within 30 days
of the filing of the decision, apply to a court of competent jurisdiction
pursuant to the Village Law and Article 78 of the Civil Practice Law
and Rules.
B.
No requirement or conditions imposed by this Article
for any special permit use shall be waived or reduced by the Board
of Trustees and shall be the minimum requirements for any authorization
hereunder. The grant of a special permit shall authorize only one
special permit use and shall be limited only to the use described
and approved in such permit. Special permits shall, unless subject
to periodic renewal at the discretion of the Board of Trustees, be
granted for an indefinite period but shall expire automatically three
years from the date of grant, unless at such time substantial construction
has begun pursuant to the approved application.
The Board of Trustees may, as a condition to
the grant of a special permit, require a bond on terms satisfactory
to the Board of Trustees, guaranteeing performance of the final site
development plan approved by the Planning Board.
After the decision of the Board of Trustees for granting the special permit, the applicant shall submit to the Planning Board final site development plans. The Planning Board shall approve, approve conditionally or disapprove such plans, in accordance with Article XI of this chapter and such regulations as the Village may have adopted or may in the future adopt under such article. In acting upon the submission, the Planning Board shall be bound by the terms and conditions of the Board of Trustees in granting the special permit.
