The uses listed in the Use Table, Column C, are conditional uses permitted only upon approval by the Planning Board in accordance with the procedures and standards herein.[1] General and special standards and conditions are set forth in Article IX. Any such use, if approved by the Planning Board, shall be deemed a permitted use for that particular lot or parcel of land, subject to any conditions of approval.

Planning Board review and decision. On application by the property owner or designated agent, and after public notice and hearing, the Planning Board may approve the issuance by the Building Inspector of permit(s) for any of the conditional uses authorized by this chapter. Written notice of the public 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 the owners of all property located within 500 feet of each boundary of the subject property at least five days before the date of the hearing. The public hearing shall be held within 62 days after the Board's first regular meeting following receipt of the application, and the Board shall make a decision within 62 days after close of the public hearing. Prior to approving any conditional use, the Planning Board shall determine that the proposed use and development conforms with the general and specific conditions and standards set forth in Article IX and the conditions and standards relating to site development plan review. Site development plan approval is required for all conditional uses.

No building permit or certificate of occupancy for any building, structure or use, other than a one- or two-family dwelling or permitted buildings, structures or uses customarily accessory thereto, shall be issued unless the Planning Board has first approved a site plan pursuant to this section. Continued compliance with the approved final site plan shall be a requirement of the continued validity of any building permit and certificate of occupancy issued pursuant thereto.

Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general and of the prospective occupants of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and to accomplish the following objectives in particular:

Site plan contents. Site plans shall be prepared by a qualified professional licensed in the State of New York.

Procedure.

Other required considerations. In considering and acting upon any site plan, the Planning Board shall consider, in addition to the elements and items set forth in Subsections B and C, the site layout and overall appearance of all buildings in the proposed site to ensure a harmonious relationship with the existing or permitted development of contiguous land and adjacent neighborhoods, to ensure that the value of adjacent land and buildings will be conserved, to encourage the most appropriate use of land and to protect the public interest and the integrity of the community and this chapter.

Protective plantings. The site plan for any nonresidential building or use which abuts a residential district shall include a protective planting strip not less than six feet wide, situated within the required side or rear yard, designed and laid out with suitable evergreen plant material which will attain and shall be maintained at a height of not less than eight feet, so as to provide an effective and natural screen between the nonresidential and residential districts and residential districts along side and rear lot lines. Where deemed necessary by the Planning Board, similar natural screening shall be included along the front lot line where such screening will not adversely affect public safety.

Public improvement requirement. Prior to the granting of site plan approval, the applicant may be required by the Planning Board to file with the Town a letter of credit or cash bond sufficient to cover the full cost of all public improvements and land reclamation required by development of the site. The amount of such letter or credit or cash bond shall be recommended by the Town Engineer and approved by the Town.

Imposition of conditions authorized. Every site plan approval granted by the Planning Board may be subject to and conditioned upon conditions and safeguards which the Board deems applicable to the particular plan. Such conditions and safeguards are deemed an integral component of the site plan approval, and any violation of such conditions or safeguards shall be deemed a violation of the site plan approval and of this chapter and is punishable under the provisions of Article XVI.

Certificate of occupancy. No certificate of occupancy shall be issued for any development which has not been constructed in strict conformity with the approved site plan or until all necessary easements and property interests have been granted or dedicated to the Town.

Signing and referral of plan. Upon submission of the final site development plan with modifications required by the Planning Board in its final approval and upon satisfaction of any conditions imposed by such approval, the Chairperson of the Planning Board shall sign the approved site development plan and file one copy with the Building Inspector, who may thereafter issue a building permit or certificate of occupancy in reliance thereon, in accordance with Article XVI.

Expiration of site plan approval. Site plan approval shall be valid for 180 days commencing with the date the Planning Board adopts a resolution granting such site plan approval. The applicant may petition the Planning Board before such approval expires for two extension(s) of 90 days each, which extension(s) may be granted or denied at the discretion of the Planning Board. Failure to obtain a building permit within this three-hundred-sixty-day period shall cause the approval to expire and be deemed null and void.

Amendment of plan. An application for an amendment of any approved site development plan for a site which has received prior final site development plan approval shall be processed in accordance with the preceding provisions. Fees for an amended site development plan approval shall be in accordance with the Standard Schedule of Fees of the Town of Blooming Grove.[3] The approved amendment of a site plan shall not toll the time period for expiration of a site plan contained in Subsection K above, unless the Planning Board expressly determines that an additional extension of time is warranted in view of all the facts and circumstances.

Guidelines for future solar access.