Pursuant to the provisions of the Municipal Home Rule
Law, the Town Board reserves the approval authority for special permits
for uses identified as such in the Use Table[1] and for any other use not specifically prohibited by 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 Town 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 use resources
of the Town are most efficiently utilized.
Applications for special permits pursuant to this
article shall be upon forms prescribed by the Town Board and shall
contain the information required in the rules and regulations adopted
pursuant to this chapter.
An applicant for a special permit shall, simultaneously
with the filing of an application with the Town 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 Town Board shall give any consideration
to or review the application for such special permit, the Planning
Board shall review the application for the purpose of site development
plan review in light of the general considerations and specific standards
herein for special permits. Thereafter, the Planning Board shall transmit
its recommendations to the Town Board within 60 days after the date
of the first regular Planning Board meeting following receipt of the
application for the site development plan. The application filed with
the Town Board shall not be deemed complete until the Town Board receives
the Planning Board's report.
The Town Board, within 62 days after receipt of the
Planning Board's report, shall conduct a public hearing on the application.
Written notice of said hearing shall be published in the official
newspaper and posted at Town Hall, and sent by the applicant, at his
expense by certified mail, return receipt requested, to all known
owners of property located within 500 feet of each boundary of the
subject property at least five days prior to the date of the hearing.
Such other notice as required by Article 12-B of the General Municipal
Law, Article 8 of the Environmental Conservation Law and other applicable
laws shall also be given.
The Town Board, in approving any special permit hereunder,
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. The
decision of the Town Board shall be made within 62 days after the
close of the public hearing and filed in the office of the Town Clerk,
and a copy thereof mailed to the applicant. Thereafter, the applicant
will proceed with site development plan approval before the Planning
Board.
Unless specifically authorized in the decision of
the Town Board, no requirement or conditions of such special permit
shall be subject to appeal before the Board of Appeals.
Requirements or conditions imposed by this chapter
for any special permit use shall not be waived or reduced by the Town
Board and shall be considered to be the minimum requirements for any
authorization hereunder, except that the Town Board may authorize
further application and action by the 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 Town Board.
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. Notice(s) of violation
shall be a prima facie evidence of lack of conformity to such standards
or conditions.
Any person aggrieved by any decision of the
Town Board hereunder may, within 30 days of the filing of the decision
in the office of the Town Clerk, seek judicial review.