The uses listed in § 376-31, Use Table,
Column C, are special permits permitted only upon approval by the
Planning Board in accordance with the procedures and standards herein.
After approval, such uses shall be deemed permitted uses in the districts
wherein located, subject to any conditions attached thereto.
Application for special permits pursuant to
this chapter shall be on forms prescribed by the Planning Board. Such
application shall accompany the application for final site development
plan approval. The final site development plan and special permit
application may be processed concurrently in accordance with § 376-92
et seq. Fees for special permit applications shall be in accordance
with the Standard Schedule of Fees of the Town of Ramapo. Notwithstanding
the above, no application for site development plan approval will
be required with special permit applications for caretaker's cottages,
servants quarters, guest houses, or separate living quarters having
a second kitchen within a one-family residence in the RR-80 and RR-160
Districts.
Within 90 days of receipt of the application
in proper form, together with the final site development plan, the
Planning Board shall approve establishment of such uses upon determining
compliance with conditions required by this chapter and, where appropriate,
modify the nature or extent of the proposed use and development of
the project to be consistent with this chapter or, on negative findings,
fully set forth in the record, shall deny such use. The Planning Board
shall provide for public notice and hearing on any application for
special permit. Such hearing shall be scheduled within 62 days of
the receipt of all required materials in proper form and the Board
shall decide the matter within 62 days after the close of the hearing.
The time periods herein may be extended by mutual consent of the Board
and applicant.
An applicant for a special permit shall, simultaneously
with the filing of such application, file an application for site
development plan approval with the Director of Building, Planning
and Zoning together with appropriate plans, drawings and fee for site
development plan review. Thereafter and before any consideration or
review of the application for such special permit the Director of
Building, Planning and Zoning shall refer said application to the
Community Design Review Committee which shall review the application
for purposes of preliminary site development plan review and in light
of the general considerations and specific standards herein. Thereafter,
the Community Design Review Committee shall transmit its recommendations
to the Planning Board within a reasonable time after completion by
the Community Design Review Committee of its review. Following the
granting of such special permit, the application shall be considered
by the Planning Board for final site development plan approval.
The Planning Board shall cause to be filed with
the Director of Building, Planning and Zoning, the Town Clerk and
Building Inspector the decision of the Planning Board and a copy thereof
to be mailed to the applicant. Special permit approval shall be deemed
to be indefinite authorization unless otherwise specified in the approval
thereof but, in any case, shall expire within 18 months of the date
of approval unless a building permit has been issued for the special
permit. Such period may be extended on separate application to the
Planning Board.
Any person aggrieved by any decision of the
Planning Board may apply to the Supreme Court of the State of New
York for review by a proceeding under Article 78 of the Civil Practice
Law and Rules, within 30 days after the filing of a decision in the
office of the Town Clerk.
