Application to the Code Enforcement Officer. As provided by § 120-79, application for a permit shall be made to the Code Enforcement Officer prior to the commencement of any excavation, grading, or clearing, or the construction of any building or structure or the use of land. If, upon receipt of such application, the Code Enforcement Officer determines that the excavation, construction or use of land for which the application is made requires the issuance of a special permit, he/she shall, within 15 days of its receipt, forward the application to the Planning Board for review and approval of a special permit.

Application for Area Variance. Where a proposed special permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance without the necessity of a decision or determination of the CEO.

Conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special permit. Upon its granting of the special permit, any such conditions must be met in connection with the issuance of permits by the CEO.

Waiver of requirements. The Planning Board may, when reasonable, waive any requirements for the approval, approval with modifications, or disapproval of special permits submitted for approval. Any such waiver may be allowed only when such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special permit application.

Public hearing. The Planning Board shall hold a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice for the hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date of such hearing. The Planning Board shall decide upon the application within 62 days after the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.

Notice to applicant and County Planning Board. At least 10 days before any hearing, the Planning Board shall mail notices of the hearing to the applicant and to the Rensselaer County Planning Board or agency, as required by General Municipal Law § 239-m. The notice for this referral shall be accompanied by a full statement of the application under consideration, as defined in GML § 239-m. If the Rensselaer County Planning Board fails to report within 30 days after receipt of a full statement of such referred material, the Planning Board may act without such report. If the Rensselaer County Planning Board disapproves the proposal or recommends modifications thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reasons for the contrary action. The Board shall file a report of its final action taken with the County Planning Board within 30 days after its decision has been made.

SEQR. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

Court review. Any person aggrieved by a decision of the Planning Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice law and rules. Such proceedings shall be instituted within 30 days after the filing of a decision by the Planning Board in the office of the Village Clerk. The court may take evidence or appoint a referee to take such evidence as it may direct, and report the same, with findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The court shall itself dispose of the matter on the merits, determining all questions which may be presented for determination.

Costs. Costs shall not be allowed against the Planning Board or other administrative body designated by the Village Board of Trustees unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.

Expenses. The applicant shall be responsible for the total cost of environmental reviews determined to be necessary to meet requirements of SEQRA as per 6 NYCRR Part 617.13. The Planning Board may also incur other extraordinary expenses to properly review documents or conduct special studies in connection with the proposed application, including but not limited to the reasonable costs incurred by the Planning Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of a special permit application. All reasonable fees shall be charged to the applicant. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for a special permit. The amount so determined by the Planning Board shall be deposited by the applicant in escrow with the Village Clerk prior to the Planning Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, then the Planning Board shall notify the applicant of the additional amount that must be deposited with the Village Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible, the Planning Board, in its discretion, may cease review of the application until such amounts are paid or deny the application. In no event, however, shall any special permit be approved until such sums have been paid in full.

Other permits. The Planning Board shall require proof that all permits required by other agencies have been applied for prior to final approval. The Planning Board may approve a special permit application contingent upon final approval of such application by other agencies. The Code Enforcement Officer shall ensure that all other agency approvals have been received and all conditions required by the Planning Board are met prior to issuing a building permit.

Time of decision. The Planning Board shall decide upon the special permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and the General Municipal Law § 239-m. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

Type of decision. In rendering its decision, the Planning Board shall approve, disapprove or approve with modifications and conditions the special permit application. In authorizing the issuance of a special permit, the Planning Board has the authority to impose such reasonable conditions and restrictions as are directly related to, and incidental to, the proposed special use. Upon its granting of said special permit, any such conditions must be met before issuance of permits by the Code Enforcement Officer.

Filing. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days of the date such decision is rendered, and a copy thereof shall be mailed to the applicant.

A special permit shall be deemed to authorize only the particular special use or uses permitted. Once a special permit has been granted, it shall apply to the approved use on that parcel regardless of ownership, provided that such use has no greater impact on adjoining properties, complies with all terms and conditions of the special permit, and does not involve new construction, enlargement, exterior alteration of existing structures, increased parking, or other changed use of outdoor areas, or lapses in use.

Lapses and expiration. Special permits will expire if the applicant fails to obtain a building permit or fails to comply with the conditions of the special permit, unless other provisions are set forth by the Planning Board in connection with its approval, three years after approval. A special permit will expire if the special use or uses shall cease for more than three years for any reason. If a use subject to an approved special permit had been in continual operation but has since lapsed in operation for more than three years between Planning Board approval and reinitiation of such use, the Planning Board shall require a review of such use prior to reinstatement to ensure that all original conditions of the special permit are still valid. In either case, the Planning Board may, after review, reinstate, or reinstate with conditions such lapsed use. Such Planning Board review shall be initiated through action by the Code Enforcement Officer.

Renewal of permit. The Planning Board, as a condition of approval, may require that special permits be renewed periodically. When the Planning Board has established such a condition of approval, at least 90 days prior to the expiration of a special permit, the applicant shall apply to the Code Enforcement Officer for renewal of the special permit. The Code Enforcement Officer shall inspect premises, verify that conditions of the permit have been met, and renew the permit for a time equal to the original special permit. Where the Code Enforcement Officer determines that the applicant has not complied with the special permit, permit renewal shall require Planning Board approval.

Existing violation. No special permit shall be issued for a property in violation of this zoning chapter unless the granting of a special permit and site plan approval will result in the correction of the violation.

Deemed to be conforming. Any use for which a special permit may be granted shall be deemed a conforming use in the district in which the use is located, provided that the special permit shall affect only the lot, or portion thereof, which is the subject of the special permit application.

Expansion of special use. The expansion of any special use shall require amendment and approval of the special permit by the Planning Board in accordance with the procedures set forth in this zoning chapter. For purposes of this section, "expansion" shall be interpreted to mean an increase in the floor or lot area allocated to the special use, an increase in development coverage, increased hours of operation, or an increase in the intensity of the use, e.g., an increase in traffic or need for on-site parking.

General. Such special permits may be authorized by the Planning Board only upon satisfaction in each instance of such conditions as to the general character, height and use of the structure or structures; as to the provision of surrounding open space and the treatment of grounds; as to the general fitness of the structure or use to its proposed location; as to the provision for automobile parking or storage; and as to street capacity and use as, in the opinion of the Board, may be necessary to safeguard the public health, comfort and convenience and as may be required for the preservation of the general character of the neighborhood in which such building and/or structure is to be placed or such use is to be conducted. Specifically, the standards established by Articles V through IX shall be applied as they may be applicable to a specific request for a special permit. To assist the Board of Appeals in its determination, an application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record. More specifically, the Planning Board shall ensure that the application will accomplish the following objectives: