Pursuant to the provisions of the Municipal Home Rule Law, the Village Board reserves the approval authority for special permits for certain uses identified as such in §§ 300-10 through 300-15 (Schedule of Regulations). Such uses represent such diverse benefits and impacts on local land uses as to preclude specific descriptions and standards for their approval. The Village Board, in considering any application for a special permit hereunder, shall exercise such discretion reserved for legislative matters so as to ensure that the public health, welfare and safety are protected and the environmental and land resources of the Village are most efficiently utilized.
Applications for special permits pursuant to this chapter shall be upon forms prescribed by the Village Board and shall contain the information required in the rules and regulations adopted pursuant to this chapter.
[Amended 11-25-2019 by L.L. No. 11-2019]
An applicant for a special use permit must file with the ZEO an application for review by the Village Board of Trustees. In addition to a description of the use to be considered, the application must include all required materials for:
The Village Board of Trustees will make an initial review and forward the application to other involved zoning boards (Planning Board, HPARB, and the Zoning Board of Appeals, as required) for those boards' recommendations on the proposed use.
The involved zoning boards will transmit their recommendations to the Village Board of Trustees within 30 days of the initial review by the Village Board of Trustees. Each recommendation should address:
The process for additional required reviews;
A determination of whether the application is complete for those reviews;
The need for a consultant or consultants to evaluate the proposed use;
The board's evaluation of the proposed use in consideration of the criteria for special use permits in this chapter.
The Village Board of Trustees will specify the required amount, if any, of consultant fees that the applicant must deposit with the Village for the application to proceed. The Village will deposit the consultant fees into an escrow account established for the project for the sole purpose of paying the costs and fees of the consultant(s) that the Village retains to review the application. Such consultants may include planners, engineers, attorneys or other experts and/or professionals retained to review the applicant's plans, maps, studies, agreements, environmental assessment forms, environmental impact statements, and all other proceedings required by the Village Board of Trustees, the Planning Board, HPARB, or the Zoning Board of Appeals. Choice of consultant will be at the Village's sole discretion. Consultants will only be used for analysis and advice on areas that are not within the expertise of the Village.
Within 62 days of the receipt of recommendations from the Planning Board, HPARB, and Zoning Board of Appeals, if any, the Village Board of Trustees must provide public notice of and conduct a public hearing. If no recommendations are received, the public hearing must be held within 92 days of the Board of Trustees' initial review.
Within 62 days of the public hearing, the Village Board of Trustees must render its decision, unless the applicant waives the time requirements of this section.
The Village Board of Trustees, in approving any special use permit thereunder, will require conformance with any supplementary requirements applying to such uses generally and may establish such other conditions 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.
The decision of the Village Board of Trustees must be filed in the office of the Village Clerk and a copy thereof mailed to the applicant. The Planning Board, HPARB, and Zoning Board of Appeals will proceed with any additional required reviews only after the special use permit is issued.
Unless specifically authorized in the decision of the Village Board of Trustees, no requirement or condition of such special use permit will be subject to appeal before the Zoning Board of Appeals.
The Board of Trustees may not reduce requirements or conditions imposed by this chapter in conjunction with any special use permit; the Village Board of Trustees may authorize an application to the Zoning Board of Appeals for variances.
Special use permits will be deemed to be indefinite authorizations unless otherwise specified in the approval thereof, but in any case will expire within 24 months oft he date of approval if the approved use has not commenced. Such period may be extended on separate application to the Village Board of Trustees.
Special use permits may be conditioned on periodic renewal. Such renewal must be pursuant to application, public notice, and public hearing. The Board of Trustees may deny such renewal or add additional conditions for renewal upon determination that:
The original conditions as prescribed for such special use permit have not been or are not being complied with, wholly or in part;
Conditions identified in the original approval requiring that the use be of temporary duration now necessitate cessation of such use;
The imposition of additional or supplemental safeguards or conditions is necessary to continue the use according to the criteria for special use permits in this chapter.
[Amended 11-25-2019 by L.L. No. 11-2019]
Any person aggrieved by any decision of the Village Board of Trustees hereunder may, within 30 days of the filing of the decision in the office of the Village Clerk, seek judicial review pursuant to Article 78 of the Civil Practice Law and Rules.