Application for special use permit review and approval shall be made, in writing, on the appropriate forms provided by the Town and shall be filed with the Town Clerk. In certain circumstances, an application for special use permit review and approval shall be made in tandem with application to the Town Board for site plan review and approval for the proposed project. The applicant will first appear before the Town Board for review of the application. The Town Board may take one of the following actions:

Each application shall be subject to the same information submission requirements and shall follow the review and approval process as outlined in this section.

After review by the Town Board and if forwarded to the Planning Board, the Town Planning Board shall review the application for special use permit based on the criteria and considerations listed below. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed below, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, the request for approval of the special use permit shall be recommended for denial. Should the applicant, based upon the findings of the Planning Board, meet all of the criteria or requirements listed above, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for approval of a special use permit shall/may be recommended for approval. The Town Planning Board may also recommend approval of an application for a special use permit subject to appropriate measures that will ensure compliance with the criteria and requirements listed below. The applicant shall still require approval of the project's preliminary site plan, if applicable, from the Town Board pending final action on the application for special use permit by the Town Board. Procedures for the further review of the site plan application shall follow those particular requirements as outlined in Chapter 95, Site Plan Review.

The Town Board shall review the findings of the Town Planning Board and all of the plans and documents filed as part of the application. Based upon its review of the record, the Town Board may act to approve, approve with modification or deny the applicant's request for a special use permit. Failure to comply with the conditions of the special use permit shall be considered a violation of this chapter and shall result in the application of the appropriate penalties and/or fines as outlined in § 116-95 and the possible revocation of permits.

Uses permitted will be in general harmony with and promote the general purposes and intent of the most recent Comprehensive Plan of the Town, the most recent Open Space Plan and the Zoning Ordinance.

Impact on district. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

Adjacent properties. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

Impacts on neighboring properties. Operation in connection with the special use shall not cause more severe impacts to nearby properties by reason of noise, fumes, odors, vibrations, flashing lights or other operational characteristics than would the operations of any permitted use not requiring a special use permit.

Impact on surrounding properties. The nature, duration, and intensity of the operations which are involved in connection with the proposed use will be in harmony with nearby uses and will not alter the essential character of the neighborhood or be detrimental to the residents thereof. The proposed special use provides sufficient landscaping and/or other forms of buffering to protect surrounding land uses.

Traffic. The use shall not cause undue traffic congestion or create a traffic hazard.

Parking. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

Services. The use shall be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.

SEQRA. All requirements of SEQRA shall be met.

Special uses shall also be subject to any and all applicable local, state or federal laws, codes, rules or regulations.

Additional standards or requirements that the Town Board may reasonably request.

Upon issuance of a special use permit, a copy of the permit form and a certified copy of the resolution shall be delivered to the applicant, who shall, with 30 days of such delivery, return the completed form to the Town Clerk for official signature. The special use permit so granted by the Town Board shall be recorded, or a memorandum of such permit signed by a Town official shall be recorded, by the applicant, in the office of the Clerk of the County of Erie. Such documents shall be in a form acceptable for filing and shall make reference to the liber and page of the deed granting ownership of the affected premises to the current owner.

Proof of such filing shall be received by the Town of Aurora Town Clerk.

A special use permit shall expire if meaningful construction has not been commenced within one year, and has not been completed within two years, of final special permit approval or, if no construction is involved, if the use has not been commenced within one year of final special use permit approval.

Said permit shall expire if the special use, once begun, ceases operation, for any reason, for more than six consecutive months. For seasonal uses, the use will be considered ceased if there is no operation for at least 12 consecutive months.

A use authorized by special permit may be revoked by the Town Board if it is found and determined that there has been a material failure of compliance with any one of the terms, conditions, limitations or requirements imposed by said permit. The Town Board shall hold a public hearing to consider whether or not the special use permit grantee has violated the terms and conditions of said special use permit. Said public hearing shall be held only after the permit grantee has been notified, as hereinafter described, by the Zoning Official. Notice of the violations and of the date, place and time of the public hearing shall be mailed to the special permit grantee by certified mail, return receipt requested, directed to the last known address of the permit grantee.

At least 10 days before said public hearing, a legal notice of said hearing shall be published in a newspaper of general circulation in the Town.