A. Any land use activities listed as requiring a special use permit in Schedule 1, Allowed Uses;
B. Any land use activities requiring a special use permit in Schedule 1, Allowed Uses, for which a special use permit was previously obtained from the Development Board more than seven years before a current building permit application;
C. Any changes in existing land uses requiring a special use permit in Schedule 1, Allowed Uses, which are determined to be material changes. (See definition in § 106-6.); and
D. Any land use or development set forth in Part 2, Article XIV, Supplemental Standards, which is not otherwise subject to site plan review and which does not conform to the supplemental standards provided by that section.

Authorization to approve or disapprove special use permits.
In accordance with Village Law § 7-725-b, the Development Board is hereby authorized to review and approve, approve with conditions or modifications, or disapprove special use permits for new land use activities within the Village as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this code.

Information on required plans.
Because the impact of special use permit uses varies greatly, the information required to be submitted for a special use permit will vary depending upon the scale of the proposed use, i.e., whether it is a major or minor project as defined in this code.

Major projects.
An applicant for a major project special use permit shall submit:

A. A major project application form;
B. A preliminary site plan review application, as described in § 106-60;
C. A narrative report describing how the proposed use will satisfy the criteria set forth in § 106-77, as well as any other applicable requirements relating to the specific use proposed as determined by the Development Board; and
D. A complete Part 1 of a full EAF.

Minor projects.
An applicant for a minor project special use permit shall submit:

A. A minor project application form;
B. A plot plan drawn to scale with accurate dimensions providing information sufficient to enable the Development Board to make an informed decision;
C. A brief narrative describing the proposed use; and
D. A short EAF (unless the Director determines that the proposed use for which a special use permit is required is a Type I action, in which case a full EAF shall be required).
 

A. Application for a special use permit shall be made to the Development Board, on forms prescribed by the Development Board;
B. If an application is for a parcel or parcels on which more than one use requiring a special use permit is proposed, the applicant may submit a single application for all such uses. For purposes of determining whether the application is a major or minor project under these special use permit regulations (and for compliance with SEQR and the LWRP consistency review as provided for Article XV of this code) all proposed uses and/or actions on a single parcel or on contiguous parcels shall be considered together.
C. Preapplication conference. Before filing a formal application, an informal presubmission conference with the Director is recommended to discuss the nature of the proposed use and to determine the specific information that will need to be submitted.

Compliance with SEQR and LWRP.
Upon receipt of application materials the Director deems complete, the Development Board shall initiate an environmental assessment of the proposed use/action according to the requirements of SEQR. In addition, the review of an application for a special use permit shall include consideration of the goals and objectives of the Comprehensive Plan and the LWRP consistency review.

Notice and hearing.
The Development Board shall hold a public hearing on a complete special use permit application within 30 days for a minor project and within 62 days for a major project. Notice of the public hearing shall be provided in accordance with Part 1, § 106-20.

Action on application.

A. The Development Board shall grant, deny, or grant subject to conditions the application for a special use permit within 62 days after the hearing for a major project and within 30 days for a minor project. Any decision on a major project shall contain written findings explaining the rationale for the decision in light of the standards contained this code; and

B. In permitting the development, undertaking, reconstruction, enlargement or material change of a use allowable by special use permit, the Development Board may impose any conditions which it considers necessary to protect the health, safety and welfare of the Village and its present and future citizens and the best interests of the surrounding property, the neighborhood or the Village as a whole. These conditions may include, but are not limited to increasing dimensional or area requirements, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to minimize the burden on public services and facilities, and requiring action by the applicant, including the posting of performance bonds and furnishing of guarantees to insure the completion of the project in accordance with the terms and conditions applicable thereto. No permit shall be issued by the Director until all conditions are met. To ensure that the project will be completed in accordance with the terms and conditions of the application and approval and including, without limitation, the requirements and conditions authorized by Article XII of the Code, the Development Board may require, as a condition, that the applicant submit as-built drawings and/or other written certification, signed and stamped by a New York State licensed engineer, surveyor, landscape architect, or architect of record (or the contractor/owner if no design professional was used), verifying that the project was completed in accordance with the approved special use permit.

Waiver of procedural requirements.
The Development Board, when reasonable, may waive any requirements for the approval, approval with modifications or disapproval of special use permit applications submitted for approval. Any such waiver, which shall be subject to appropriate conditions adopted pursuant to § 106-74, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.

Expiration and change of use.

A. A special use permit shall expire if: the special use permit use or uses cease for more than 12 consecutive months for any reason; the applicant fails to obtain the necessary project permit or fails to comply with the conditions of the special use permit within six months of its issuance; or the time limit of the special use permit expires without renewal.

B. A special use permit shall apply to the use for which it has been granted, as well as to any subsequent use of the property which complies with all terms and conditions of the special use permit (as determined by the Director in issuing a certificate of compliance) and which does not involve any new construction, enlargement, exterior alteration of existing structures, or changed use of outdoor areas. Any other change to a use allowed by special use permit shall require the granting of a new special use permit or a special use permit amendment.

Criteria for review. See § 106-77: Criteria for review for detailed information.

Amendments.
The terms and conditions of any special use permit may be amended in the same manner as required for the issuance of a special use permit, following the criteria and procedures in this article. Any enlargement, alteration, or construction of accessory structures not previously approved shall require a special use permit amendment.

Review of site plans.
The Development Board shall review site plans for all major projects and for those minor projects which, because of their scale, intensity or potentially disruptive nature, require careful layout, design and placement on a site according to the procedures set forth in Article XI of this code. The principal purpose of site plan review is to ensure compliance of a particular special use permit use with the purposes and performance criteria contained in this code.