Definition of special use permit. As used in this article, the term "special use permit" shall mean an authorization of a particular land use which is permitted by this chapter subject to conditions imposed by this chapter to assure that the proposed use in harmony with this chapter and will not adversely affect the neighborhood if such conditions are met.

The Town Board may, as part of a zoning ordinance or local law adopted pursuant to Article 16 of the Town Law or by local law adopted pursuant to other enabling law, authorize the Planning Board or such other administrative body that it shall designate to grant special use permits as set forth in such zoning ordinance or local law.

Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.

Conditions attached to the issuance of special use permits. The authorized board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon the granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.

Waiver of conditions. The Town Board may further empower the authorized board to, when reasonable, waive any preestablished requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.

Public hearing and decision on special use permits. Applications for special use permits shall be acted on by the Concord Town Board after a public hearing. The public hearing shall be held within 62 days from the day an application is received. Notice of such public hearing shall be published in the official newspaper of the Town of Concord at least five days prior to the date thereof. Prior to such public hearing, the application shall be referred to the Concord Town Planning Board for report and recommendation. In the event that the Concord Town Planning Board shall fail to submit a report within 45 days after said referral, the Concord Town Board shall proceed with the public hearing. The Town Board shall decide upon the application within 62 days after the conduct of the hearing. The time within which the Town Board must render its decision may be extended by mutual consent of the applicant and the Town Board. The decision of the Town Board on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.

Notice to applicant and county, metropolitan or regional planning agency. At least 10 days before such hearing, the authorized board shall mail notices thereof to the applicant and to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall show the location of all buildings, parking areas, traffic access and pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.

In its review of a special use permit and application and plan therefor, the Concord Town Planning Board and/or the Concord Town Board may require additional information to be supplied by the applicant relating to, among possibly others, the relationship of the proposed special use to factors such as public safety, noise, glare, traffic impact, operational schedule of the special use and the public welfare.

Compliance with State Environmental Quality Review Act. The authorized board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

Court review. Any person aggrieved by a decision of the Planning Board or such other designated body or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision by the Town Board in the office of the Town Clerk. The Court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The Court at special term shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.

Costs. Costs shall not be allowed against the Planning Board or other administrative body designated by the Town Board unless it shall appear to the Court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.

Preference. All issues addressed by the Court in any proceeding under this section shall have preference over all civil actions and proceedings.

All special use permits, excluding mining special use permits, shall be issued for as long as the activity permitted by said special use permit is ongoing. It will renew automatically on the anniversary of the granting of said permit without a renewal fee. The activity or activities permitted shall be specified on the permit itself, which shall be conspicuously posted at the premises where the special use is occurring. Only those activities shall be permitted. If any additional activities take place besides those specifically listed on the permit, the Code Enforcement Officer will issue a violation citation. This could result in a revocation by the Town Board of the special use permit, after an appropriate hearing.

However, if there is a one-year discontinuance of said permitted use, then § 150-181 of the Concord Town Code shall apply and any resumption of use shall require a new application process, including a public hearing and a permit fee and all other provisions as generally described in § 150-180 of the Concord Town Code shall apply.

The Town Board may issue a special use permit for the commercial extraction of topsoil, sand, gravel, stone or other mineral resources on sites zoned for such use. The complete review procedures applicable under this article shall apply.

The Town Board may require an annual fee to cover the Town's review of mining plans, reclamation plans and other required submittals, and for the annual inspection of the commercial operation to ensure compliance with conditions of the special use permit or other applicable laws. Such fees shall be approved by the Town Board from time to time.[1]

The Town Board may require an operation/reclamation performance bond or other surety to ensure that the site is operated and reclaimed in a safe and environmentally compatible manner, consistent with the mining and reclamation plans for which the special use permit is issued. The amount of the bond shall not exceed the Town's estimate of the cost to reclaim the active portion of the site for the term of the special use permit.

The Town Board may issue a special use permit for mining on sites zoned for such use. The complete review procedures applicable under this article shall apply.

The Town Board may require an annual fee to cover the Town's review of mining plans, reclamation plans and other required submittals to renew the special use permit, and for the annual inspection of the mining site to ensure compliance with those conditions of the special use permit, the New York State Mining Permit or other applicable laws that have such unique characteristics and are of local interest in that they are included to protect the environment of the Town and the safety and well-being of its residents.[1]

For mining sites that are regulated under the New York State Mined Land Reclamation Law, the Town Board may not require an operation/reclamation performance bond or other surety, but may cooperate with the New York State Department of Environmental Conservation in ensuring that the annual operation and any reclamation meets the standards under which the special use permit was issued.