A.
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.
B.
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]
A.
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:
B.
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.
C.
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:
(1)
The
process for additional required reviews;
(2)
A
determination of whether the application is complete for those reviews;
(3)
The
need for a consultant or consultants to evaluate the proposed use;
(4)
The
board's evaluation of the proposed use in consideration of the criteria
for special use permits in this chapter.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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:
(1)
The
original conditions as prescribed for such special use permit have
not been or are not being complied with, wholly or in part;
(2)
Conditions
identified in the original approval requiring that the use be of temporary
duration now necessitate cessation of such use;
(3)
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.
