The uses listed in § 3.11, Use Table, Column 4, are
conditional uses 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 conditional use approval pursuant to this chapter
shall be on forms prescribed by the Planning Board. Such application
shall accompany the application for preliminary or final site development
plan approval. The preliminary or final site development plan and
conditional use application may be processed concurrently in accordance
with § 10.22 et seq. Fees for conditional use application
shall be in accordance with the fees of the Town of Orangetown.
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 conditional
use. Such hearing shall be scheduled within 45 days of the receipt
of all required materials in proper form, and the Board shall decide
the matter within 45 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 conditional use shall, simultaneously with
the filing of such application, file an application for site development
plan approval with the Office of Building, Zoning and Planning Administration
and Enforcement, together with appropriate plans, drawings and fee
for site development plan review, indicating the extent of variances
required, if any. Thereafter and before any consideration or review
of the application for such conditional use, the Office of Building,
Zoning and Planning Administration and Enforcement shall refer said
application to the Project 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 Project Review Committee shall transmit its
recommendations to the Planning Board within 30 days. Following the
granting of such conditional use, 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 Office of
Building, Zoning and Planning Administration and Enforcement, the
Town Clerk and Building Inspector the decision of the Planning Board,
and a copy thereof shall be mailed to the applicant. Conditional use
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 conditional use. 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.