The uses listed in Article III as special permit uses are 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 permit use approval pursuant to this chapter shall be on forms prescribed for all special permits. Such application shall accompany the application for site development plan approval. The site development plan and special permit use application may be processed concurrently in accordance with Article IX, § 210-74 et seq. Fees for special permit use application shall be in accordance with the Standard Schedule of Fees of the Village of Airmont.

The Planning Board shall conduct a public hearing within 62 days from the day a complete application in proper form is received on any matter referred to it under this article. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The Planning Board shall decide upon the application within 62 days after the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

An applicant for a special permit use shall, simultaneously with the filing of such application, file an application for site development plan approval together with appropriate plans, drawings and fee for site development plan review with the Secretary to the Planning Board. Thereafter and before any consideration or review of the application for such special permit use, the Secretary shall refer said application to the Community Design Review Committee to review the application for purposes of site development plan review and in light of the general considerations and specific standards herein. Thereafter, the Community Design Review Committee shall transmit any recommendations to the Planning Board within 30 days. Following the granting of such special permit use, the application shall be considered by the Planning Board for site development plan approval. (NOTE: As mentioned in the site plan section, this can occur simultaneously.)

The Planning Board shall cause to be filed with the Secretary to the Planning Board, the Village Clerk and Building Inspector the decision of the Planning Board and a copy thereof to be mailed to the applicant. Special permit 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 special permit 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 Village Clerk.