In granting a special use permit, the Planning Board shall require evidence of the satisfaction of each and every of the following standards by findings entered into the record of the proceedings:

If the Planning Board finds that the imposition of conditions will not be sufficient to enable the proposed development project to comply with all applicable special use permit criteria, it shall deny the special use permit application.

In addition to complying with all other applicable requirements set forth in this section, applications for special use permits shall contain a narrative explaining what the application is for and how the development project meets or exceeds all applicable criteria for the special use permit and be subject to site plan requirements of § 180-35.

The Planning Board in the granting of special use permits shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and as are, in the opinion of the Planning Board, required to promote the intent and purposes of the Comprehensive Plan and this chapter. Such conditions shall be imposed for the purpose of minimizing any adverse impact such special use permit may have on the neighborhood or community. Such conditions may include, but are not limited to, landscaping, lighting, access and egress, signs, screening, architectural features, location and layout of buildings, limitations upon the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. The Planning Board may require a bond, surety or escrow for the installation and/or maintenance of site improvements. Failure to abide by any conditions attached to a special use permit shall constitute a violation of this chapter subject to appropriate enforcement action, including suspension or revocation of the permit or approval.

The grant of a special use permit shall be conditioned upon periodic renewal to be determined by the Planning Board, which renewal may only be granted following public notice and hearing. Such renewal shall be withheld or granted subject to terms or conditions additional to or different from those in the original grant only upon a determination that:

Upon written request for a waiver and where the Planning Board finds that extraordinary hardships or practical difficulties may result from strict compliance with the procedural requirements of these regulations and/or that the purposes of these regulations may be served to a greater extent by an alternative proposal, the Planning Board may, in its sole discretion, approve waivers to any procedural requirements set forth in these regulations, provided that such waiver shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the Planning Board shall not approve waivers unless it shall make findings based upon the evidence presented to it in each specific case that:

Conditions. In approving waivers, the Planning Board may require such conditions as will, in its judgment, secure substantially the objectives and standards or requirements of these regulations.

The title of development, date, North point;

Scale (not less than one inch equals 50 feet);

Name and address of record owner;

Name and address of the New York State licensed professional engineer, New York State licensed and registered architect, land planner or New York State licensed land surveyor preparing the site development plan;

Property lines, including metes and bounds;

The names of all owners of record of all adjacent properties including owners of easements or rights-of-way, together with tax parcel numbers for all such owners;

The tax identification number(s) of the site;

Existing zoning district boundaries and district boundaries;

The actual shape, location, dimensions and area of the proposed development site;

Building or setback lines and other buffers; lines of existing streets, lots, reservations, easements and areas dedicated to public use;

A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract;

The shape, size and location of any buildings or other structures, retaining walls, walkways, driveways and fences already on the lot;

The existing and intended use of the lot and of all structures upon it and any open spaces;

The location of existing watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of 24 inches or more measured three feet above the base of the trunk, and other significant existing features within 20 feet of all property lines;

The location of existing water mains, culverts and drains on the property with pipe sizes, grades and direction of flow;

The estimated maximum quantity of material to be excavated and/or removed and the estimated maximum quantity that will be used for regrading or filling, computed from cross sections of a proposed excavation or disturbed area;

A description of any material to be used for land filling. Where fill is to be brought onto the premises, state its source, method of transport and estimated volume;

The location, either existing or proposed, of tents, pole barns, rigs, inflatable structures and similar structures or facilities which are erected or intended to be erected for more than 30 days within any one-year period;

All proposed lots, easements and public and community areas;

All proposed streets with profiles indicating grading and cross sections, showing width of the roadway, location and width of the sidewalk and locations and size of utility lines;

The expected storm drainage loads and the details of any drainage system proposed to be installed and maintained by the applicant, designed to provide for proper surface drainage of the land, both during the performance of the work applied for and after the completion thereof;

If a proposed excavation is for the purpose of making a lake, pond or impoundment, the details of the proposed construction of the dam or other structure or embankment intended to impound the water or other contents thereof;

All means of vehicular, bicycle and pedestrian access and egress to and from the site onto public streets, paths and walkways;

The location of all proposed waterlines, valves and hydrants and of all sewer lines with profiles, indicating connections with existing lines or alternative means of water supply or sewage disposal and treatment;

Landscaping pursuant to § § 180-14, 180-15, and 180-17, as applicable.

Location, size and height of any signs;

The proposed type, design, mounting height, location, direction, power and time of proposed outdoor lighting by means of data, details and an illumination contour plan;

Proposed screening devices;

The location, dimensions and design of any off-street parking areas or loading area;

Scaled building elevation plans at a scale of 1:4 for all exterior facades of the proposed structure(s) and/or existing facades, plus additions showing design features and indicating type and color of material to be used;

Locations of off-site material, equipment and staging areas;

The approximate construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in surface disturbance; and

Location of any flood zones, if applicable.

Optional sketch plan conference. This step may occur before the application for a special permit or site plan review if it can be reasonably assumed that site plan review would be required, in order to inform the applicant of the site plan review process and to explain the standards for approval before substantial time and effort are invested in the preparation of plans.

Submission of application materials. Application for site plan review and special use permit shall be made to the Town Clerk.

An escrow account shall be established for consultant review in accordance with Town Code Chapter 82 if the Planning Board determines this is necessary. (see § 180-43 infra.)

Public hearing notice. Notification to all property owners within 500 feet of the perimeter of the subject parcel shall be made by the applicant 14 days' prior to the hearing. However, the Planning Board at its discretion may require broader notification. All notifications shall be made via certified mail, with proof of mailing obtained from the U.S. Postal Service, and at the applicant's expense, which shall be provided to the Planning Board prior to the hearing. The hearing on the application shall be advertised by the applicant at least once in the official newspaper so designated by the Town Board at least five days before such hearing. The applicant shall provide an affidavit of publication prior to the hearing.

The applicant shall also post a sign, measuring a minimum of 20 inches by 24 inches, prominently placed on the property and visible from the road, notifying interested persons that an application for a site plan approval and/or special use permit is under consideration by the Board. In cases where a property has frontage on more than one street, an additional sign must be placed at or near the property line on any additional street frontage so that the sign will be plainly visible from the street on which it has such additional frontage. The sign shall specify the type and size of the development project, the time and place of the public hearing should the development project be subject to one, and to whom and by when any public comments are to be communicated. The sign shall be approved by the Planning Board Chair. The sign shall be posted for a minimum of 14 days' prior to the public hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such project. All notices shall include the name of the project, the location of the land to be subdivided, and the date, place, time and subject of the public hearing. Such notice shall not be required for adjourned dates.

Timing. Unless waived by the applicant, within 62 days of the completion of a public hearing on an application for site plan review and/or special use permit and upon completion of the required environmental review, the Planning Board shall render one of the following decisions:

Form of decision. The decision of the Planning Board shall be conveyed in the form of a resolution or a written decision adopted by resolution. A copy of the decision or resolution shall be filed with the office of the Town Clerk within five business days of the decision by the Planning Board.

Imposition of conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to a proposed site plan and/or special use permit. The Planning Board may impose approval conditions that must be satisfied prior to start of construction or issuance of a building permit, certificate, or operating permit under Chapter 68. These may include conditions such as payment of fees, mandatory construction inspections, limitations on construction activities, performance bonds or securities, and other similar requirements. The Planning Board may also impose approval conditions which must be complied with throughout the life of the project. For example, these conditions may include compliance with mitigation measures, limitations on hours of operation, and other similar requirements. Noncompliance with any conditions shall be deemed a violation of the permit or approval and subject to enforcement action, including suspension or revocation of the permit or approval.

Performance bond. Upon approval, the Planning Board may require the applicant to file a performance bond with the Town Clerk to cover the full cost of any required improvements. The bond shall be conditioned on the property owner's or developer's completing said work required in the approved site plan within the allowable time.

Reason for denial. The Planning Board's final decision or resolution shall state the reason(s) for such decision.

Payment of fees. Approval of the application shall be conditioned upon payment of all application fees and reimbursable costs due to the Town, including costs related to construction inspections. Reimbursement for costs related to post-approval construction inspections shall be established in accordance with Chapter 83 of this Code. The Planning Board Chair shall endorse his or her approval by signature or stamp on a copy of the final site plan and related supporting documents and shall forward it to the Code Enforcement Officer.

Effect of denial. Upon denial of a site plan or special use permit, the Planning Board shall so inform the Code Enforcement Officer, and the Code Enforcement Officer shall not issue a building permit or certificate of occupancy to the applicant.

Effect of no decision. Unless extended or waived, if no decision is made within the sixty-two-day period following the receipt of a complete application, including completion of environmental review under SEQRA, and close of the public hearing, the application shall be considered denied.

The proposed changes do not affect the approval status of the site plan review;

The changes are significant and shall require an application to the Planning Board to amend the site plan; or

The proposed changes are likely to have such an extensive or significant effect on the project that a new site plan review application is required.