The factors which justified the original grant no longer exist or have changed sufficiently to require additional or different terms and conditions; or

The terms and conditions of the original special permit have not been or are not being complied with, wholly or in part. A notice of violation pursuant to § 230-173 shall be prima facie evidence of lack of conformity with such terms and conditions.

A description of the proposed use, with reference to the appropriate use and regulations of this chapter, including any supplementary regulations applying thereto. This description should identify any potential detrimental impacts to adjacent properties and impacted communities.

A basic cost-benefit analysis or similar study to review the estimated municipal costs, services and prospective revenues which would be generated by the proposed use. At their discretion, either the Building Department or Planning Board may require a municipal impact study from any application.

Evidence that the proposed use is consistent with the goals of the Village Comprehensive Plan.

A traffic and circulation study projecting the effects of the proposed use of the existing and probable future traffic and access in the vicinity of the proposed use.

Copies of environmental assessments or permit applications and supporting materials which may be required to meet New York State or federal regulations.

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any special permit approval that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved special permit shall be consistent with the provisions of Chapter 196, Article I.

The accessibility of all proposed structures to fire and police protection.

The compatibility of the location, size and character of the proposed use with the orderly development of the zoning district in which it is located and with that of adjacent properties in conformity with the zoning district applicable to such properties.

The safety, convenience and congruity with the normal traffic of the neighborhood and of the pedestrian and vehicular traffic generated by the proposed use, taking into particular account the location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets.

The compatibility of the location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site with adjacent land and buildings and their appropriate development.

Protection of adjacent properties or impacted communities.

The preservation of ecological or environmental assets of the site or adjacent lands.

The Planning Board, in considering any application for a special permit hereunder, shall make findings on the objectives and goals listed in § 230-58 and, in addition, may refer legislative matters to the Board of Trustees so as to ensure that the public health, welfare and safety shall be protected, that the environmental and land resources of the community shall be put to the best possible use and that any authorization hereunder shall not create fiscal burdens upon the community at large or an adverse impact upon adjacent property and its permitted use by right under this chapter.

Applications shall be referred, when required by law, to the Westchester County Planning Department for review pursuant to the Westchester County Administrative Code at least 30 days' prior to the required public hearing. Notice of the public hearing shall be published at least once not less than 10 days' prior to the date of the hearing in the official newspaper, and notice of hearing shall be mailed not less than 10 days' prior to the date of the hearing to all owners of property abutting and within 200 feet of the property for which such application is made and to any other person(s) the Planning Board may deem to be particularly affected. In the case of any special permit application pertaining to real property within a distance of 500 feet of the boundaries of any municipality or state or county road, park or other state-owned facility, notice of such hearing shall be mailed to the Clerk of such municipality, and to the County Planning Department not less than 10 days' prior to such hearing. Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken in connection with the grant or denial of any special permit.

The Planning Board, in approving any special permit hereunder, shall require conformance to any supplementary regulations applying to such uses generally and may establish additional conditions, including but not limited to:

The decision of the Village Planning Board shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant.

Unless specifically exempted in the decision of the Planning Board, any regulation or conditions of such special permit shall not be subject to appeal before the Zoning Board of Appeals, and any such appeal shall render such permit void and without effect without necessity of further action by the Village. Any person aggrieved by any decision of the Planning Board hereunder shall, within 30 days of the filing of the decision, apply to a court of competent jurisdiction pursuant to the Village Law and Article 78 of the Civil Practice Law and Rules.

No requirement or conditions imposed by this article for any special permit use shall be waived by the Planning Board, Board of Appeals or the Board of Trustees and shall be the minimum requirements for any authorization hereunder. No requirement or conditions imposed by this Article for any special permit use shall be varied or reduced to such an extent that it would frustrate the purpose of this law or eviscerate a requirement or condition in its entirely. The grant of a special permit shall authorize only one special permit use and shall be limited only to the use described and approved in such permit. Special permits shall, unless subject to periodic renewal at the discretion of the Planning Board, be granted for an indefinite period but shall expire automatically two years from the date of grant, unless at such time substantial construction has begun pursuant to the approved application. The Building Department shall have the discretionary authority to issue a one-year extension for good cause shown.