Application for required special use permits shall be made to the Board of Appeals or the Planning Board or the Town Board, as specified in Article VIII of this chapter. The term "Board," as used in this article, shall refer to the board with approval power over the subject use as shown in Article VIII. Ten copies of each application shall be submitted. Each such application shall include a preliminary site development plan complying with all requirements of § 125-88, including a preliminary site plan application and fee. Upon receipt of the application and plans, the Secretary for the Board shall forward five copies of the application and the preliminary site development plan to the Planning Board for review and a report and recommendation. Any such report and recommendation by the Planning Board shall be rendered within 45 days of the date of receipt of the application by the Planning Board Secretary. Failure of the Planning Board to submit its report within this time period shall constitute a recommendation of approval of the plan as submitted. The Planning Board may waive any requirements for the preliminary site plan set forth in § 125-88, to the extent it is determined that such requirements are not applicable or appropriate. Following the Planning Board’s issuance of a report and recommendation or the expiration of the forty-five-day period for issuance of such report and recommendation, the Board may schedule a public hearing on the application. Notwithstanding the foregoing, the Planning Board, to the extent that it is acting as the Board with approval power over the subject use, shall not be required to issue a report and recommendation with respect to any such application. In the event any application for a special permit also requires any zoning variances issued by the Board of Appeals, then the Board of Appeals shall be permitted to hold public hearings and consider the applications for a zoning variance prior to receiving any report or recommendation from the Planning Board or the expiration of the forty-five-day period for issuance of such report and recommendation.

Notice of the public hearing shall be published at least 10 days prior to the hearing in the official newspaper of the Town and shall be mailed by the applicant at least 10 days prior to the hearing to all owners of lots within 500 feet of the perimeter of the subject lot. The expense of publishing and mailing such notification shall be borne by the applicant, and the applicant must file with the Secretary of the Board an affidavit of mailing with a list of the names of the owners of record of the property within the 500 feet, together with the section and lot number of each, with such written notice prior to the hearing. The Board shall, within 90 days of the date of receipt of a complete application, file with the Building Inspector its written decision on said application. The applicant may grant an extension of either of the above-stipulated review periods; provided, however, that any extension of time granted to the Planning Board shall equally extend the time to act for the Board approving the special use permit. The Board may authorize the issuance of a permit, provided that it finds that all conditions and standards required in this chapter have been met.

(Reserved)[1]

The proposed use will serve a community need or convenience and will not adversely affect the public health, safety and general welfare.

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 are such that it will be in harmony with the appropriate and orderly development of the area in which it is located.

The location, nature and height of buildings, walls, fences and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

Operations in connection with any special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, light or other characteristics than might be the operations of any permitted use not requiring a special use permit.

Parking areas will 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 adequate safety.