§ A261-4. Special permits., Chapter A261. Board of Appeals Rules and Regulations, Appendix, Code of Ordinances, North Salem

Applications. All applications for a special permit shall be submitted in seven copies and shall include the following information and documentation:

(1)

A petition for a special permit, completed and notarized ().

(2)

An affidavit of ownership, completed and notarized ().

(3)

A disclosure statement, completed ().

Editor's Note: is located at the end of this chapter.

(4)

An affidavit for the Application Processing Restrictive Law, completed and notarized ().

Editor's Note: is located at the end of this chapter. For provisions relating to the Application Processing Restrictive Law, see Ch. 37, Application Processing.

(5)

An environmental assessment form (EAF), Part 1, completed ().

Editor's Note: is located at the end of this chapter.

(6)

A list of the current owners of all property located within 500 feet of the boundaries of the property upon which the special permit is requested.

(7)

A notice to property owners, completed ().

Editor's Note: is located at the end of this chapter.

(8)

A drawing, to scale, or a survey of the property showing the location of all structures, driveways, parking, wells, septic areas, easements and encumbrances, both existing and proposed. Note: the Board may require a survey in those cases where the location of structures or distances from boundaries are important.

(9)

Plans and drawings of all construction proposed in connection with the special permit application.

(10)

Payment of all fees in accordance with the Standard Schedule of Fees of the Town of North Salem.

Editor's Note: See Ch. 85, Fees.

(11)

Any other information or documentation the applicant may choose to submit or may be applicable to the particular application as required by the Board.

Initial review. The Chairman or his designee shall review each application for completeness. If additional information is required, the applicant shall be so notified before any action is taken.

Referral. The Chairman or his designee may refer any application to any other agency as may be required.

Site inspection. Prior to the public hearing, the Board shall conduct a site inspection of the property. When requested, the applicant shall make access to any enclosed structures available to the Board and shall cause to be staked any features as the Board may deem to be appropriate to aid its inspection.

Public hearing notice. Notice of the public hearing shall be given in accordance with the following:

(1)

Publication. At least five days prior to the date of the scheduled public hearing, the Board, at the applicant's expense, shall cause notice of the public hearing to be published in a newspaper of general circulation in the Town as designated by the Town as its official newspaper.

(2)

Notice to property owners. At least 10 days prior to the date of the scheduled public hearing, the applicant shall notify the owners of all property located within 200 feet of the boundaries of the lot to which the application pertains. Where the property is located in a cooperative, such notice shall only be required to be given to property owners within 50 feet and to the cooperative. Such notice shall be made in accordance with the following:

(a)

Form and content. Such notice shall be in the form approved by the Board ().

Editor's Note: is located at the end of this chapter.

(b)

Transmittal. Such notice shall be transmitted by personal service or shall be sent by United States Postal Service certified or registered mail, return receipt requested.

(c)

Certification. At the public hearing, the applicant shall provide to the Board an affidavit that delivery or mailing was completed as required herein or shall provide copies of all mailing receipts.

Special permits requiring site plan approval. All special permit applications requiring site plan approval by the Planning Board shall be processed as follows:

(1)

Planning Board review. Simultaneously with the filing of an application for a special permit, the applicant shall file an application for site development plan approval with the Planning Board.

(2)

Recommendation. Within 30 days of receipt of its application, unless extended for good cause, the Planning Board shall transmit its recommendation to the Board.

(3)

Work session. Upon determination of completeness, the application shall be placed on the next available agenda, after a site inspection, for a work session, which may include discussion of the following:

(a)

The application and all documentation.

(b)

The requirements of the State Environmental Quality Review Act (SEQRA).

Editor's Note: See Environmental Conservation Law § 8-0105.

(c)

Confirmation of application to the Planning Board for site plan approval.

(d)

Referral to any other agencies.

(4)

Public hearing. The Board shall conduct a duly noticed public hearing within 45 days of receipt of the recommendation of the Planning Board. If such recommendation is not received within the required time, the Board shall conduct the public hearing within 45 days of the end of the thirty-day period.

Special permits not requiring site plan approval. Upon determination of completeness, all special permits not requiring site plan approval by the Planning Board shall be processed as follows:

(1)

Public hearing. The Board shall conduct a duly noticed public hearing on the next available agenda of the Board.

Approval. In accordance with § 250-108E of the Code and within 45 days after a public hearing has been conducted, the Board shall, by resolution, grant, with or without conditions, or deny the special permit.

Conditions. All special permits requiring site plan approval by the Planning Board shall contain a condition that the granting of the special permit is subject to the approval of the site plan by the Planning Board within six months. Such period may be extended by resolution of the Board for an additional period of six months upon written request of the applicant.