The Town Board may, on its own motion or upon application, amend, change, supplement or repeal the regulations, restrictions, district boundaries and provisions of this chapter, including the Zoning Map, after public notice and hearing in accordance with the provisions of the Town Law. The Town Board shall not be required to hear, consider, or make a determination on each application for an amendment or change to the Zoning Map (i.e., a change of zone).

A proposed amendment or change, whether initiated by the Town Board or by application, may be referred to the Planning Board for a recommendation thereon. In such an event, the recommendation of the Planning Board shall be advisory only and shall not be binding on the Town Board. The Town Board shall not be required to hear, consider, or make a determination on any proposed amendment or change that does not receive a recommendation for approval by the Planning Board.

Application. An application requesting a modification of deed covenants and restrictions, special permit or special exception shall be addressed by the Town Board, Planning Board or Zoning Board of Appeals as specified within the applicable use district. An application requesting a subdivision or a site plan modification shall be addressed by the Planning Board in conformance to the applicable laws and regulations of the State of New York and the Code of the Town of Islip. Any of the above applications shall contain all pertinent information deemed necessary by the Commissioner of Planning and Development. This form shall be signed by each applicant and property owner and shall be notarized.

Application requirements. The Commissioner of Planning and Development shall have the authority to require whatever information may be necessary to evaluate such a request. An application shall not be considered complete, shall not be received, and shall not be scheduled for any consideration of any Board until all of the application submission requirements are met to the satisfaction of the Commissioner of Planning and Development, or the Commissioner's designee.

Notification requirements.

In the event that the area of the proposed change of zone represents 10% or more of the property contained within the bounds of a school district within the Town of Islip.

In the event that the area of the proposed change of zone exceeds 50 acres, street and cross-street geographical location.

The Town Board or Planning Board shall be empowered to grant special permit applications in accordance with all state, county, and local rules and regulations. The Town Board or Planning Board shall have the authority to impose reasonable conditions and restrictions in connection with the proposed special permit use in order to mitigate any potential impacts and to ensure that the use will not adversely affect the public's health, safety or general welfare.

In reviewing special permit applications, the Town Board or Planning Board may consider various factors, including but not limited to the following; traffic impacts; adequacy of parking facilities; environmental impacts; effect on neighboring properties; ability to buffer noise and aesthetic impacts on residential uses; compliance with the comprehensive plan; compatibility with the nature and character of the surrounding area; architectural impacts to the surrounding area; and the overall ability of the site to accommodate the proposed special permit use, and any other consideration involving the public health, safety, and welfare.

Purpose. In order to achieve the goals of proper planning and to provide for a unified, comprehensive review of zoning proposals in a timely manner, it is necessary and appropriate to reserve to the Town Board, Planning Board and the Zoning Board of Appeals the authority to, when reasonable, consider waiving any requirements for the approval of special permit or special exception applications for which the respective board has jurisdiction.

The Town Board, Planning Board and Zoning Board of Appeals shall be authorized to waive any requirements for the approval of special permits or special exceptions which the respective Board has the jurisdiction to issue subject to compliance with all applicable provisions of Town Law including, but not limited to § 274-b. Nothing herein contained shall be construed to restrict the Board of Appeals from exercising its authority pursuant to all applicable provisions of Town Law in connection with all other applications before it.

Any such waiver of requirements may only be made in the event that the requirements are found not to be requisite in the interests of public safety or general welfare or inappropriate to a particular special use.

A public hearing shall be required for all special permit or special exception applications, which request a waiver.

Notification and posting of property. Notification of surrounding property owners and posting of the subject property shall be in compliance with the standards required by the Commissioner of Planning and Development and contained within the Islip Town Code.

An application to the Town Board, Planning Board or Board of Appeals may result in the imposition of conditions in the form of deed covenants or stipulations. The owner or tenant shall be obligated to maintain all improvements so required and to abide by all conditions so imposed. This shall be a continuing obligation unless modified by the governing board. The applicant shall also be obligated to comply with any and all rules and regulations of the Town of Islip, including, but not limited to, the Town Code and the Subdivision and Land Development Regulations, as well as all applicable federal, state and county rules and regulations.

(Reserved)

The failure to comply with any and all conditions shall be deemed a violation of this article, subject to the penalties provided in § 68-421. All conditions and covenants and restrictions shall be enforceable through all the powers of the Town Attorney's Office and Division of Law Enforcement. The Town Board, Planning Board and Board of Appeals reserve the right after due public hearing, to revert the subject parcel to its former zoning classification and/or rescind the special permit or special exception issued, if violation of the conditions persists. Thereafter, the operation of the use previously authorized shall be terminated and there shall be no right to nonconformity.

The improvement of the premises, in accordance with the determination of the Town Board, Planning Board or Board of Appeals, must be completed within 36 months after the date of grant, or as modified by said Board. If not so commenced and completed within this period, then, the governing board reserves the right to revert the subject property to its former zoning classification or any intermediate zoning classification, or the governing body reserves the right to revoke any and all special permits or special exceptions associated with the subject property after due public hearing. Thereafter the operation of the use previously authorized shall be terminated and there shall be no right to nonconformity. The governing board may shorten this time frame in the event the application is made to legalize an unauthorized use of the property.

Modification of covenants and restrictions/stipulations. All applications seeking a modification of a condition in the form of a covenant or stipulation shall require the review and approval of the Board that imposed the conditions and shall be subject to a public hearing. Notwithstanding the foregoing, requests for modification of a condition in the form of a covenant or a stipulation originally imposed by the Town Board may be heard by the Planning Board when such request now falls within the jurisdiction of the Planning Board or when the Planning Board is granted express authority by the Town Board.

All change of zone, special permit, site plan modifications shall expire within two years of the date of grant by either the Town Board or Planning Board, unless a building permit (exclusive of demolition permits) has been secured or the property lawfully used for the purpose granted within 24 months and the improvement of the premises has been completed within 36 months, unless extended by the Commissioner of Planning and Development, or the Commissioner's designee, and a fee is paid equal to 50% of the current application fee, except as may otherwise be provided herein. The Board issuing the approval may shorten this time frame in the event the application is made to legalize a previously unauthorized use of the property. The Board further reserves the right to revoke said approvals associated with the subject property after due public hearing if a building permit is not secured or the improvements are not completed within the required time frame. Thereafter the operation of the use previously authorized shall be terminated and there shall be no right to nonconformity.

Filing of covenants and restrictions. Whenever the Town Board, Planning Board or Board of Appeals, as a condition for the granting of an application for a change of use district classification or special permit, requires a restrictive covenant to be imposed upon the subject property, such restrictive covenant must be properly recorded in the office of the County Clerk and proof of said recording must be provided to the Office of the Town Clerk and Planning Board within 180 days of the date of approval, except that the Board that approved the application may extend the time for filing the restrictive covenant upon good cause and upon written application. The governing board reserves the right to rescind any and all approvals should the property owner fail to file said restrictive covenant in accordance with the above.

Amendment of restrictive covenants.

No parcel or part thereof may be the subject of an application for a change of zone or special permit within two years after the Town Board or Planning Board has held a public hearing or issued a final determination on such application unless the second application seeks a change to a more restrictive zoning category than was earlier sought or seeks a less intensive special permit use, or such petition sought has the unanimous consent of the governing board. This section shall not apply to an application in which a motion to approve, deny or amend fails to be carried by a majority of all the members of a governing board.

An application for a change of zone or special permit which is not approved by an affirmative vote of a majority of all Town Board and/or Planning Board members within 18 months of the initial public hearing shall be required to hold a subsequent public hearing before said Board renders a decision. This requirement shall not apply to applications which receive a positive declaration under the State Environmental Quality Review Act.[1]