Such use shall be one which is specifically authorized as a special permitted use in the district within which such particular site is located.

For every such special permitted use, the Planning Board shall make a specific finding that such use will not be prejudicial to the character of the neighborhood.

For every such special permitted use, the Planning Board shall determine that the provisions of § 140-45C are fully complied with as well as all applicable sections of this chapter and all other applicable ordinances and laws.

All proposed structures, equipment or material shall be readily accessible for fire and police protection.

The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

In addition to the above, in the case of any use located in or directly adjacent to a residential district:

The provisions of this article shall apply to applications for accessory apartments except as otherwise provided herein or in Article VII, Chapter 140 of the Village Code.

Application for a permit authorizing a special permitted use shall be made directly to the Planning Board, along with an application for site plan approval according to § 140-45, in the manner required by the Planning Board and with a filing fee as determined by a resolution of the Village Board of Trustees, payable to the Village Clerk.

Applications for special permitted uses shall be submitted to the Planning Board, which Board shall hold a public hearing within 62 days from the time of receipt by said Board. Notice of the public hearing shall be published in the official newspaper of the Village of Harriman at least five days prior to the public hearing. Within 62 days of the public hearing, the Planning Board shall act to approve or deny the application for the special permitted use. The time limit in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board shall within five business days be filed in the office of the Village Clerk and a copy thereof mailed to the applicants. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations.[1]

Where the land involved in any application for a special permitted use lies within 500 feet of any municipal boundary; existing or proposed county or state park or other recreation area; right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, such application, accompanied with the notice of the public hearing, shall be forwarded by the Secretary of the Planning Board to the Orange County Planning Department for review in accordance with the provisions of §§ 239-l and 239-m of Article 12-B of the General Municipal Law of the State of New York at least 10 days prior to the public hearing. No action shall be taken by the Planning Board on such application until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement of the applicant's proposal.[2]

A special permitted use for which a permit is granted by the Planning Board pursuant to the provisions of this section shall be construed to be a conforming use.

Upon the granting of a permit for a special permitted use by the Planning Board, the Secretary of said Board shall transmit written approval of such use to the Code Enforcement Officer prior to his issuance of a building permit for the special permitted use.

The Planning Board may require that its approval be periodically renewed. Renewal dates may be stipulated at the time of original approval of the special permitted use or at such other time as the Planning Board deems necessary. The Planning Board shall notify the Code Enforcement Officer in writing at least 15 days prior to the date of such renewal for the purpose of inspection of the premises. Such renewal shall be granted following due notice to the property owners and may be withheld only upon a determination by the Code Enforcement Officer to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original approval have not been or are no longer being complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said approval. Any use authorized by the Planning Board shall be deemed to be a conforming use in the district in which such use is located, provided that:

Upon granting renewal of this special use permit, the Planning Board may modify the conditions previously attached to this special permit based upon the report of the Code Enforcement Officer or based upon a request of the applicant or upon the Board's own application. No conditions may be modified without giving the applicant an opportunity to be heard before the Planning Board.

Renewals of permits for accessory apartments shall be governed by § 140-43D of the Village Code. The Planning Board may revoke a permit for an accessory apartment in accordance with the provisions of § 140-43D.

Prior to the submission of an application for site plan approval to the Planning Board, the applicant shall arrange a meeting with the Planning Board to discuss in general terms the proposals to be made and to elicit from the Planning Board the applicable requirements of site plan approval concerning the particular application to be submitted.

Applications for site plan approval shall be submitted to the Planning Board, in both written and electronic format. Ten copies of the written application must be submitted, and all applications must be received 10 days prior to the Board meeting. The Planning Board shall hold a public hearing within 62 days from the time of receipt by said board. Notice of the public hearing shall be published in the official newspaper of the Village of Harriman at least seven days prior to the public hearing. Within 62 days of the public hearing, the Planning Board shall act to approve or deny the application for site plan approval. Site plans for special permitted uses shall be submitted to the Planning Board concurrently with applications for special permitted use permits and shall be considered to be a part of the application for a special permitted use. The Planning Board may approve site plans as submitted, deny site plans as submitted or condition its approval upon the applicant making changes in the site plans which the Planning Board deems necessary to carry out the purposes of this chapter. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and such Board. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.

Notice to County Planning Board or agency or regional planning council. At least 10 days before such hearing, the Planning Board shall mail notices thereof to the County Planning Board or agency or regional planning council, 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. In the event a public hearing is not required, such proposed action shall be referred before final action is taken thereon.

Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations.

Applications for site plan approval shall contain a description of all proposed uses and a site plan. The site plan shall contain the following information:

Traffic access. All proposed traffic accessways shall be adequate, but not excessive, in number, width, grade, alignment and visibility for the estimated traffic to and from the site so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 100 feet of the center line of a street which intersects the street upon which said entrance or exit abuts, as measured in a straight line along the curbline and extension thereof of the abutting street.

Circulation and parking. Adequate off-street parking and truck loading spaces shall be provided to prevent the parking in public streets of vehicles of any person connected with or visiting the use, and the interior circulation system shall be adequate to provide safe accessibility to all required off-street parking.

The adequacy of collection and disposal of stormwater runoff from the site shall be shown.

The adequacy of the means of disposal of sanitary sewage from the site shall be shown.

Landscaping and screening. All playground and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees over 12 inches in diameter shall be preserved to the maximum extent possible.

Character and appearance. The character and appearance of the proposed use, buildings and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood and that of the Village of Harriman and will not adversely affect the general welfare of the inhabitants of the Village of Harriman. Such considerations shall not include the architectural period or style of any proposed building.

Written request for renewal of the final site plan approval shall be filed with the Planning Board Secretary prior to the expiration of the existing approval.

Final site plan approval shall expire one year and six months from the date granted unless the applicant shall have obtained a building permit. If on-site work ceases for a period of more than six months, then the applicant shall be required to secure a renewal of the site plan approval from the Planning Board. In the event that the final site plan approval expires, then the applicant shall be required to file a new application.

Site plan approvals issued prior to March 1, 1989, for which no building permit has been issued and no site work has been pursued one year from the adoption of this subsection shall be null and void. The Planning Board may extend site plan approval for a reasonable period not to exceed one year, where the circumstances are such that the applicant is unable to begin on-site work. If a governmental agency has imposed a moratorium that prevents a developer from either starting construction or continuing construction on the project, then the year or that portion of the year remaining as required by this section shall be suspended until the moratorium is removed.

To the extent work on a project is prohibited by virtue of a moratorium or other restraint issued by a governmental agency having jurisdiction over the project, then and in that event the time periods provided for in this article shall be extended coextensive with the duration of such moratorium or restraint.

A final site plan approval for which the original approval or any extension or renewal will expire on or after March 1, 2008, shall be eligible for the renewal provided for in § 145-45D as amended hereby.