All applications for special use permits shall be made to the Town Clerk. The Town Clerk, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Town Board for action thereon. At the same time, the Town Clerk shall transmit one copy of the application and all supporting documents to the Planning Board for review of the site plan and for an evaluation of the proposed use and its relationship and conformity with the goals and objectives and policies established by the Comprehensive Master Plan. One copy also shall be transmitted to the Town Environmental Board for report and recommendation to the Town Board. The Planning Board and the Environmental Board shall review the application and, within 60 days after receipt of the application, shall make a written report to the Town Board, setting forth their findings and recommendations concerning the application. Should the Planning and Environmental Boards fail to submit said report, the Town Board shall hold a public hearing as set forth in the following Subsection A(2). Compliance with General Municipal Law § 239-m requires that the Erie County Department of Environment and Planning receive notice of all special use permit applications. The county has 30 days in which to respond.

The Town Board shall conduct a public hearing on said application upon 10 days' notice, not later than 90 days after receipt of the application. Within 30 days from the date of such public hearing, the Town Board shall, by resolution, either approve or disapprove the application so heard. In approving an application, the Town Board may impose those modifications or conditions specified in this chapter to protect the health, safety or general welfare of the public.

If an application is approved by the Town Board, the Town Clerk shall be furnished with a copy of the approving resolution of the Board and shall issue the permit applied for in accordance with the conditions imposed by the Town Board.

If any application is disapproved by the Town Board, the reasons for such denial shall be set forth in the Board's resolution, and a copy of such resolution shall be transmitted to the Town Clerk. The Town Clerk shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.

The Town Clerk shall transmit one copy of all approved and disapproved applications to the Town of Colden Planning Board and the Environmental Board and also one copy of all approved applications to the Town Assessor and the Code Enforcement Officer.

Each application shall be accompanied by proof of written notice that a copy of each application has been mailed to all of the landowners immediately adjacent to the subject premises extending 500 feet therefrom in all direction.

In the event of a written protest against such permit, subscribed and acknowledged by 20% of the landowners either of the area of the land that is immediately adjacent extending 1,250 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such permit shall not become effective except by the favorable vote of at least 3/4 of the members of the Town Board.

Each application shall be accompanied by written approval of the proposed water and sanitary facilities by the Erie County Health Department, if such approval is applicable.

Each application for a special use permit shall be made in triplicate and with an accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans:

Minimum lot size shall be sufficient to contain all guy wires, anchors or other supports.

Engineering and construction data must be submitted which will demonstrate that the tower is properly designed, fabricated and erected.

All such structures shall have adequate anticlimbing devices or shall be completely enclosed from the public with an eight-foot fence, and all supports shall be adequately marked for visibility.

Design must provide for adequate protection of the public from high-voltage or radio frequency energy waves.

Evidence shall be required demonstrating that the operation of the tower shall not cause interference with other private or commercial transmitting or receiving facilities, including residential television sets, CB, radio, etc.

Said structures shall be constructed in an area which would minimize danger of collapse to surrounding land uses.

Special consideration shall be given to the aesthetic impact upon the particular area and the township in general.

The applicant must provide proof of compliance with regulations of the Federal Aviation Agency and appropriate state or local agencies regulating safety of aircraft.

The application for all transmitting facilities shall include the station license issued by the Federal Communications Commission.

The permit shall require that the lessee or landowner shall be responsible for dismantling of the structure in the event of the cessation of operations.

Minimum tract size shall be three acres.

The kennel shall not be located within 100 feet of the property line and shall be so situated on the lot as to be the greatest distance from structures on adjoining lots.

The permit shall expire one year from date of issuance and may be renewed annually.

Minimum tract size shall be 25 acres.

The Town Board shall make special requirements to protect the adjoining landowners and domestic animals and fowl from unreasonable noise and danger of accident by reason of low-flying aircraft and the storage of fuel therefor.

A permit shall be required for the use for an event which is open to the public and which occurs outside of a permanent, enclosed building. This subsection shall apply to individuals, corporations, associations or nonprofit or religious organizations, as well, and shall apply regardless of the duration of the events. If the applicant is not the owner of the premises to be used, the Town Board may require, in its discretion, that the owner join in the application and that said owner shall be jointly and severally liable for the performance of the terms and conditions of the permit and for violation of the same.

Public events shall include but are not limited to the following: carnivals, picnics, flea markets, exhibitions, displays, contests, races, dances or other forms of social entertainment meetings or any other form of public assembly, whether religious or secular in nature.

The Town Board shall inquire into the following matters from each applicant:

The Town Board shall require a certificate of liability insurance in an amount and character which, in its sole discretion, it may deem reasonable and necessary for the protection of the public under the circumstances.

The Town Board may impose conditions on the issuance of a permit and may require a bond from the applicant in order to secure the performances of said conditions and the performance of returning the land to the original use and status which existed before the event.

A special use permit shall be required for such use. All activities shall be within an enclosed structure with outside signage indicating the use being subject to approval by the Town Board.

May be located only in C-Commercial Districts.

May not be located within 1,500 feet of schools, town parks, churches, clubs, organized affairs and entertainment facilities such as ski areas, and areas where children regularly meet and congregate.

The Town Board shall inquire into the following matters from each applicant:

The Town Board may impose conditions on the issuance of a special use permit and require a bond from the applicant in order to secure the performance of the conditions.