That the public health, safety and welfare and the comfort, convenience and order of the Village in general and of the residents of the immediate neighborhood in particular will not be adversely affected in any material respect by the proposed conditional use and its location.

That all proposed buildings, structures, equipment and other property relating to the proposed conditional use are readily accessible for fire and police and other emergency services and that the use and its improvements will not interfere with the provision of these services to the district in which it is proposed to be situated or the immediately surrounding neighborhood.

That the proposed conditional use is of such location, size and character as a) will, in general, be in harmony and compatible with the appropriate and orderly development both of the district in which such conditional use is proposed to be situated as well as the immediately surrounding neighborhood, b) will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties, and c) will enhance the mix of uses or complement the other uses in the immediate vicinity of the proposed conditional use and not interfere with any of those uses.

That the location and size of such conditional use, the nature and intensity of operations involved in, or conducted in connection with, such conditional use, its site layout and its relation to access streets are such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the surrounding area or conflict with the normal traffic of the Village in general and the immediately surrounding area in particular.

That appropriate landscaping, buffering and/or screening will be in place to reduce any impact of the proposed conditional use in respect of noise, light or other potential nuisances and 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 where the conditional use is to be located are such that the conditional use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

That the number of buildings, structures or dwelling units, as the case may be, comprising such conditional use shall not result in an overcrowding of land or the undue concentration of population.

That the proposed conditional use will not result in environmental or ecological deterioration and is such that it will not have an adverse impact on natural resources of soil, air and water or have another impact that is detailed in 6 NYCRR 617.7 or other environmental or ecological impact.

That the proposed conditional use satisfies all applicable criteria and standards set forth in this Code (or has otherwise received a variance in respect thereto duly issued by the Board of Appeals) and that such conditional use is otherwise consistent with the principles of any then-applicable comprehensive land use and development plans (including the Village's current Local Waterfront Revitalization Plan) as it may be adopted by the Board of Trustees for the Village and will not be detrimental or have an adverse impact on the Village goal of protecting and fostering the working waterfront of the Village and the Village's water-dependent uses.

The character of the existing and probable development of uses in the district in which such conditional use is to be located and in the immediately surrounding areas of the Village and the peculiar suitability of such district for the location of any such conditional use;

The encouragement of the most appropriate uses of land to ensure a vibrant year-round community in the Village; and

The Village goal of protecting and fostering the working waterfront of the Village and the Village's water-dependent uses.

There has been no pattern of violations of the Greenport Village Code or state or local regulations associated with the applicable business as operated by the predecessor business operator;

No substantial changes are proposed by the new owner/operator of such business with respect to the nature, scale and operating characteristics of the applicable business;

The proposed new operator/owner(s) of such business possesses the resources, background and qualifications to operate such business in accordance with applicable provisions of the Village Code and other state and local regulations; and

There is no evidence that the proposed new operator/owner of such business has operated any similar type of business that has been the subject of routine violations of the Village Code or any other similar local or state laws governing the operation of restaurants, bars, taverns, tasting rooms, take-out food establishments or other similar eating or drinking establishments, including laws governing noise and environmental, health and safety matters.

Construction or alterations of one-or two-family dwelling units and ordinary accessory structures and related land use activities in the R-1 One-Family Residence District or the R-2 One- and Two- Family Residence District;

Landscaping or grading which is not intended to be used in connection with any other matter expressly reviewable by the Planning Board under the provisions of this chapter;

Development activities relating to the curb cuts and driveways which are subject to the provisions of § 115-13J;

Subdivisions of property which are subject to the provisions of Chapter 118 of this Code; and

Ordinary repair or maintenance or alterations in respect of any building or structure located in the CR Retail Commercial District, the CG General Commercial District or WC Waterfront Commercial District that falls within any of the following criteria: a) any such repair, maintenance or alterations do not require the issuance of a building permit under Chapter 65 or the Uniform Code of the State of New York, b) any such repair, maintenance or alterations will not result in a substantial expansion of the applicable building, structure or any use thereof, or c) such repair, maintenance or alteration relates solely to an apartment dwelling unit in any building or structure located in the CR Commercial Retail District.

That the proposed site plan satisfies all applicable criteria and standards set forth in this Code (or has otherwise received a variance in respect thereto duly issued by the Board of Appeals) and is otherwise consistent with the principles of any then-applicable comprehensive land use and development plans (including the Village's Local Waterfront Revitalization Plan) as may from time to time be adopted by the Board of Trustees for the Village.

That all proposed buildings, structures, equipment and other property relating to the plan are readily accessible for fire and police and other emergency services and that the use and its improvements will not interfere with the provision of these services to the district in which it is proposed to be situated or the immediately surrounding neighborhood.

That the public health, safety and welfare and the comfort, convenience and order of the Village in general and in particular of the residents of the immediate neighborhood(s) will not be adversely affected in any material respect by the proposed site plan.

That the proposed site plan (including in respect of size and character of buildings and structures forming part thereof) a) will, in general, be in harmony and compatible with the appropriate and orderly development of both the district in which it is located as well as the immediately surrounding neighborhood, and b) will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

That the site plan and its relation to access streets are such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the surrounding area or conflict with the normal traffic of the Village in general and the immediately surrounding area in particular.

That appropriate landscaping, buffering and/or screening with an obligation to maintain and replace will be in place to reduce any impact of the proposed site plan in respect of noise, light or other potential nuisances and 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 are such that they will not hinder or discourage the appropriate development and use of adjacent land and buildings.

That the proposed site plan shall not result in overcrowding of land or overburdening of services or public benefits, including but not limited to parking, or the undue concentration of population.

That the proposed site plan is in compliance with the objectives of the current LWRP and will not have a negative impact on the working waterfront or water-dependent uses of the Village.

The compatibility of the elements and uses of the proposed site plan to the site plan of adjacent properties, considering building orientation, proximity and location, site design and general character;

The quality of building design and materials and compatibility of the proposed site plan with the desired character of the district in which the applicable property is located as well as any immediately adjacent neighborhoods;

The extent to which any new construction and/or the renovation or rehabilitation of existing structures proposed as part of such site plan is to be undertaken in a manner that promotes and enhances the historical character and nature of the Village;

The adequacy and arrangement of parking, loading, vehicular traffic and circulation, including intersections, road widths, traffic controls, traffic-calming measures and accessibility to fire and emergency vehicles in respect of the proposed site plan;

The adequacy of fire lanes and other emergency zones and the provisions of fire hydrants in the surrounding area;

The location, arrangement, appearance and sufficiency of on-site off-street parking and loading applicable to the relevant property taking into account surrounding parking and loading zones present in the Village and any parking and loading zones proposed as part of such site plan;

The degree to which the proposed site plan provides for preservation and protection of the aesthetics of the neighborhood, including but not limited to views, noise, light pollution, public access to water, parks and natural resources, natural site features, open spaces and critical environmental resources;

The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining properties which may be required by the Planning Board, including a maintain and replace agreement;

Whether the elements of the proposed site plan are reasonably likely to result in disturbing light, vibration or noise, taking into account the district in which the applicable property is located as well as the immediately surrounding properties and neighborhoods;

The adequacy of stormwater, drainage and erosion management plans included as part of such site plan;

The adequacy and appropriate location of public utility equipment and systems included as part of such site plan;

The adequacy of the proposed waste and trash management plan included as part of such site plan;

The adequacy of snow storage and proposed snow removal plan included as part of such site plan;

The effect of the proposed site plan development on air and water quality standards;

Any capital improvements proposed to be implemented as part of such site plan that will benefit the public and/or provide public amenities, including open space, sidewalks, gardens and the like that will be open to the public;

The extent to which the applicable site plan contemplates that construction and development will comply with LEED (Leadership in Energy and Environmental Design) green building certification standards;

The extent to which the principal contractors being used in connection with the construction activities contemplated by site plan are based within the Town of Southold; and

The potential for adverse effects to the economic stability, prosperity and health, safety and general welfare of nearby property owners and the Village community more generally arising as a result of such site plan.

No building permit shall be issued for any structure covered by this section until an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector.

No certificate of occupancy shall be issued for any structure or use of land covered by this section unless all requirements and conditions of the site plan approval have been implemented and an as-built survey, including thereon the location of all buildings, structures and curb cuts, has been submitted to the Building Inspector.

Should any site plan approval involve any of the areas specified in § 150-37, then the matter shall be referred prior to final action by the Planning Board to the Suffolk County Planning Commission in accordance with Article XIII of the Suffolk County Charter.

A site plan approval granted in accordance with the provisions of this chapter shall authorize only the particular lot layout or configuration depicted on the approved site plan. No other lot layout or configuration shall be permitted to be created or maintained.

No building permit or certificate of occupancy shall be issued for improvements authorized by a site plan approval unless the improvements comply with all requirements of this chapter and the applicable site plan approval at the time such building permit or certificate of occupancy, as the case may be, is sought.

The proposed driveway entrance or curb cut will not interfere with the orderly and reasonable use of the adjacent properties or the properties across the street from the subject property.

The proposed driveway entrance or curb cut will not create undue interference with vehicular traffic in the adjoining roadway.

The proposed curb cut and driveway entrance or curb cut will not adversely affect the health, safety, welfare, comfort, or convenience of Village inhabitants.

Any other condition considered relevant by the Planning Board.

The issuance of a permit as provided herein does not constitute a waiver of any requirements respecting the subject property which may exist pursuant to statute, law or ordinance.

In all cases involving a significant application and, in all other cases, at an applicant's request, a pre-submission conference in respect of an application for conditional use or site plan approval shall be held between the Planning Board and the relevant applicant prior to the submission and acceptance of a formal application for such conditional use or site plan approval. The intent of such a conference is to enable the applicant to inform the Planning Board of the intended plans for the applicable property prior to the preparation and submission of a definitive detailed application and for the Planning Board to review the basic site plan concept design or proposed conditional use and advise the applicant as to potential problems and concerns and to generally determine the information necessary to be submitted in connection with the relevant application.

In order to accomplish the foregoing objectives, the applicant shall provide the following:

The Planning Board shall publish notice of any pre-submission conference at least 10 days prior to the scheduled date of the scheduled pre-submission conference, in the official Village newspaper, and if that paper is not available or has been missed, then in a newspaper of general circulation. No additional advertisement shall be required for any adjournment date. In addition, to the extent that any pre-submission conference relates to any significant application, the applicant or their agent shall erect or cause to be erected a sign, which shall be displayed on the parcel for which the pre-submission conference is to be held, facing each public street on which the property abuts, giving notice that a pre-submission conference will be held before the Planning Board and stating the time and place where the conference will be held. The sign shall not be located more than 10 feet from the street line and shall not be less than two nor more than six feet above the natural grade at the street line. A copy of the sign shall be provided to the Planning Board. The sign shall be displayed not less than 10 days immediately preceding the applicable pre-submission conference or any adjournment date. The applicant shall file an affidavit with the Planning Board that he/she has complied with the provisions of this section. Failure to submit such affidavit shall result in the adjournment of the pre-submission conference and reposting pursuant to this section.

Within 10 days following any pre-submission conference, the public may submit written comments to the Planning Board regarding the applicant's proposed project, which comments are relevant to the objectives of the relevant review process as set forth in § 150-29 or 150-30, as applicable, and SEQRA.

Within 45 days following the conclusion of any pre-submission conference (Planning Board has voted that the pre-submission conference has ended), the Planning Board shall issue a report providing the applicant with feedback and/or comments which may include a short description of issues the applicant should address going forward, any additional information the Planning Board may require or wish to review in connection with the proposed application and a brief statement of the Planning Board's approach to the proposed application. The report of the Planning Board issued pursuant to this Subsection B(5) shall be valid for a period of six months from the date of issuance. No further Planning Board action in respect of any significant application will be taken after such expiration until a new pre-submission conference has been held, provided that the Planning Board in its sole discretion may agree to extend the foregoing six-month period for up to a total time of 12 months.

In no way shall any comments or feedback provided by the Planning Board during or in connection with a pre-submission conference be constructed as an indication of decision or be legally binding in any way.

The fee for a pre-submission conference application shall be established, and changed as needed, by resolution of the Village Board of Trustees.

Any application for a conditional use approval and/or site plan approval required pursuant to this chapter shall be submitted to the Building Inspector along with the documents and information required pursuant to § 150-31D below and shall be accompanied by the required fees payable in connection with such application as established, and modified from time to time, by resolution of the Village Board of Trustees. Such application shall be submitted to the Building Inspector with not less than nine hard copies and one electronic or PDF copy of the application and all related materials. The deadline for an application shall be a) in the case of any significant application, no later than six months [or such longer period as the Planning Board has consented to pursuant to Subsection B(5) above but in any event no longer than 12 months] after the applicable pre-submission conference was held but in any event at least 30 days prior to the Planning Board meeting at which the applicant desires to be considered, and b) in all other cases, no later than 15 days prior to the Planning Board meeting at which the applicant desires to be considered. The deadline for any supplemental materials and amendments to any application already under review shall be a) in the case of any significant application, at least 15 days, and b) in all other cases, at least seven days, prior to the next regularly scheduled meeting of the Planning Board. An applicant shall have the right to submit an application in respect of any site plan approval that does not constitute a significant approval without having attended a pre-submission conference in such applicant's sole discretion. No applicant shall be entitled to submit any application for approval of a conditional use or site plan if the applicable applicant, related business and/or property is the subject of any open Code violations that are not specifically related to the terms of, and curable by (to the extent approved), the proposed application.

The Building Inspector shall indicate that an application is considered complete and ready for processing only if it is submitted in the required number and form, includes all required materials and is accompanied by the required application fee. The acceptance of an application by the Building Inspector shall in no way be interpreted as a determination of the completeness, adequacy or accuracy of application materials, but rather serve as an acknowledgement to the receipt of the required application materials. The Building Inspector may consult with Village officials, members of the Planning Board and lawyers and other consultants hired to represent the Village or the Planning Board from time to time to confirm the relevant material required. If an application is determined to be inadequate, the Building Inspector shall provide paper or electronic written notice to the applicant, along with an explanation of all known deficiencies that prevent competent review. No further processing of inadequate applications will occur. When the deficiencies are corrected, the application will be placed in the next available processing cycle. If the deficiencies are not corrected within 60 days, the application will be considered withdrawn. An application also will be considered withdrawn if the applicant fails to appear at two consecutive Planning Board meetings without written just cause as deemed so by the Planning Board.

The Planning Board may waive the strict application of submission requirements under this Article XI in the following instances:

No application shall be deemed complete until any review process required pursuant to the State Environmental Quality Review Act (SEQRA) has been completed or if a positive declaration is made.

Upon receipt of an application, the Planning Board shall have the right to request additional information and shall provide the applicable applicant with prompt notice of any such request. In addition, the Planning Board may seek the opinion of any engineering, architectural, historical, planning, technical, environmental or legal consultant or attorney, or other expert or professional, to assist in it its review of the relevant application, and the costs thereof shall be paid by the applicable applicant in accordance with § 150-40.

The applicant and/or their agent is expected to attend all meetings of the Planning Board at which an application is to be discussed. In all cases, the burden is on the applicant to show that the application complies with the Village Code and other applicable local laws and New York State laws, rules and regulations.

Referrals.

Immediately following its determination that an application is complete, the Planning Board shall schedule and hold a public hearing a) in respect of any significant application, and b) in respect of any other application upon its determination that a public hearing is necessary pursuant to requirements of law or otherwise advisable, within 45 days of determining an application is complete. In determining whether a public hearing is advisable, the Planning Board shall consider the degree of the public interest in the application and the extent to which a public hearing can aid the decision-making process by providing a mechanism for collection of relevant data. In the event that a public hearing is not required pursuant to this § 150-31C(8), the Planning Board shall a) pass a resolution at a regular public meeting stating that no public hearing is required in respect of the applicable application, and b) schedule a review and discussion of the applicable application at its next regularly scheduled public meeting.

Notice of any public hearing shall be given to the applicant and be made by publication at least 10 days prior to such hearing in the official newspaper of the Village. In addition to such notice, the applicant shall mail a copy of the public notice by certified mail, return receipt requested, at least 10 days prior to the date of the scheduled public hearing to all owners of property which lies adjacent and/or directly opposite (by extension of lot lines through any street) to that owned by the applicant and relevant to the application as determined by their appearance on the last completed assessment roll of the Village and shall file proof of that mailing with the Building Inspector not less than five days before the scheduled public hearing. The Planning Board may extend the radius of the required mailings to a larger area than required by this section if the Planning Board deems that the mailings to the larger area would be in the best interest of the Village and public.

Within 60 days of conclusion of any public hearing or, if none was held, within 60 days of determining that an application is complete, the Planning Board shall render a decision in respect of the proposed application, taking into account any applicable requirements, conditions and other criteria set forth in this chapter, including the criteria set forth in § 150-29 or 150-30, as applicable. The foregoing sixty-day period may be extended by mutual consent of the applicant and the Planning Board. The Planning Board may approve, approve with conditions or modifications or deny any application. Any applicant who receives approval of an application that is subject to conditions will be required, as a condition of such approval, to execute an affidavit which states that the applicant will notify any new property owners or tenants of the applicable conditions in the event that such applicant sells or leases the related property or business. All decisions of the Planning Board shall be in writing and bear the signature of the Chairperson or Acting Chairperson.

Amendments to any previously approved site plan shall be processed in the same manner as an application for site plan approval in the manner and procedure that an application for an original site plan review is required in this chapter. Any such application shall comply with all applicable requirements under SEQRA.

Time limits.

A statement shall be placed on all site plans or conditional use permits approved by the Planning Board to the effect that the owner of the subject property or business agrees to comply with all terms and conditions applicable to the approval thereof and, in the case of any site plan, with the terms and conditions of the approved site plan. A responsible person for any proposed site plan or conditional use shall be required to sign such statement and provide such guarantee if required by the Planning Board in an amount determined by the Planning Board before any written approval will be released by the Planning Board. In the event that the applicable site plan or conditional use permit is not signed by a responsible person within 90 days of the date of the resolution of the Planning Board approving the relevant application, the resolution shall be deemed null and void. The Planning Board may extend the ninety-day period as circumstances require.

Where the Planning Board has included or imposed conditions in an approval of an application for site plan or conditional use approval, no certificate of occupancy shall be issued, nor shall any undertaking or guarantee required in connection therewith be released, until all requirements of any applicable site plan or conditional use approval, including construction of improvements, are completed in a manner satisfactory to the Planning Board.

Where an applicant is seeking both a site plan approval and a conditional use permit, the Planning Board may consider both such applications in tandem and issue its decision on both applications simultaneously except as may otherwise be required pursuant to SEQRA.

A completed application form, which shall include a narrative description of the particular business and property to which the application relates and identifying the name of the applicant, the relevant property owner and any other controlling parties related to the proposed site plan or conditional use.

An environmental assessment form as required under Chapter 61 of this Code and by 6 NYCRR Part 617. For all actions deemed to be Type II actions in accordance with the New York State Environmental Quality Review Act and its implementing regulations (SEQRA), a short EAF is required. For all Type I SEQRA actions, a full EAF is required. For all unlisted SEQRA actions, a short EAF is required unless the Planning Board or the Building Department determines that a full EAF is required, in which case the applicant shall submit a full EAF.

In the case of any significant application, a community impact report.

In the case of any application for a conditional use for a restaurant, bar, tasting room, take-out food establishment, hotel or motel, a summary of any Village Code or other statutory or regulatory violations for which any controlling person of the entity making the application for such conditional use (or any other property owned by such person or any business operated by such person in the United States) or the applicable business, entity or property that is the subject of the application has received notice of in the immediately preceding five years, together with information as to any resolution of such violations of the Code or other state or local regulations.

A site plan drawn at scale with continuation on pages as necessary for written information and including the following:

In the case of any application for a conditional use in respect of a hotel or motel, a vehicle and pedestrian traffic and safety impact analysis in respect of such hotel or motel from a consultant retained by the Planning Board at the sole cost of the applicant may be obtained by the Planning Board and paid for by the applicant directly or as reimbursement to the Village.

Disclosure affidavits in accordance with New York State General Municipal Law Article 18. Affidavits must be provided by all property owners and applicants. Where the property owner and/or applicant is a limited liability company, all company members shall submit an affidavit. Where the property owner and/or applicant is a homeowners' association, all association board members shall submit an affidavit.