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 in Article III of this chapter. 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 article 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.
A.
An applicant for a special permit shall, simultaneously with the
filing of an application with the Village Board, file an application
for site development plan approval with the Planning Board, together
with appropriate plans, drawings and fee for site development plan
review. Thereafter, and before the Village Board shall give any consideration
to review the application for such special permit, the Planning Board
shall review the application for the purpose of preliminary site development
plan review and in light of the general considerations herein and
specific standards herein for special permits. Thereafter, the Planning
Board shall transmit its recommendations to the Village Board within
90 days of the receipt of a complete application for site development
plan.
B.
The Village Board, upon receipt of the report by the Planning Board,
shall, within 62 days of such receipt, conduct a public hearing and,
within 62 days thereafter, render its decision, unless the applicant
waives the time requirements of this section.
C.
The Village Board, in approving any special permit thereunder, shall
require conformance to 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.
D.
The decision of the Village Board shall be filed in the office of
the Village Clerk and a copy thereof mailed to the applicant. Thereafter,
the applicant will proceed with site development plan approval before
the Planning Board.
E.
Unless specifically authorized in the decision of the Village Board,
no requirement or conditions of such special permit shall be subject
to appeal before the Zoning Board of Appeals.
F.
Requirements or conditions imposed by this chapter for any special
permit use shall not be waived or reduced by the Village Board and
shall be considered to be the minimum requirements for any authorization
hereunder, except that the Village Board may authorize further application
and action by the Zoning Board of Appeals. Special permits 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 use. Such period may be extended on separate
application to the Village Board.
G.
The grant of special permits for the uses indicated may be conditioned
on periodic renewal, which renewal shall be granted following application,
public notice and hearing, and may be withheld upon determination
that conditions as may have been identified in the original grant
requiring that the use be of temporary duration now necessitate cessation
of such use or imposition of additional or supplemental safeguards
or conditions or that the original conditions as may have been prescribed
for such special permit have not been or are not being complied with,
wholly or in part. Notices of violation shall be prima facie evidence
of lack of conformity to such standards or conditions.
H.
Notice to applicant and county planning board or agency or regional
planning council. At least 10 days before such hearing, the authorized
board shall mail notices thereof to the applicant and to the county
planning board or agency or regional planning council, as required
by §§ 239-l, 239-m and 239-n of the New York State
General Municipal Law, which notice shall be accompanied by a full
statement of the matter under consideration, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
Any person aggrieved by any decision of the Village Board 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 New York State Civil Practice Law and Rules.
