All uses requiring special permit and/or site plan approval shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this chapter. Such proposed uses may be approved, approved with conditions or denied in accordance with the procedures, regulations and requirements of this section. Such uses are noted in § 155-17, Schedule of residence and business district uses, and are marked by an asterisk (*).

All special permit uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and shall conform, but not be limited to, the following general requirements which may be established by this chapter.

All uses except single-family and two-family homes shall require site plan approval before the issuance of a zoning permit and no building development or site work of any sort shall be conducted prior to or shall be carried out except in conformity with such approval and its conditions.

The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where a site plan approval may be required in the future, using the requirements of the schedules of regulations and other pertinent sections of this chapter and the Town Development Plan, if any, as a guide.

Retention of professional consultants. In the event the Planning Board deems it necessary, it may retain professional consultants to aid said Planning Board in arriving at decisions concerning any particular site plan. The fee of the professional consultant shall be paid by the applicant whose site plan is being reviewed by said professional consultant. A deposit of 50% of the estimated fee is required from the applicant or his agents at the beginning of each phase of review by the Planning Board. The applicant may appeal the decision of the Planning Board under the provisions of this section to the Town Board.

An area sketch map, prepared at a convenient scale, showing, in general, all properties and owners of record, subdivisions, streets and easements within 500 feet of the boundaries of the proposed site.

An existing conditions sketch map showing existing natural and man-made features and characteristics of the site or lot. The Planning Board may require specific information such as a metes and bounds description to clarify the site plan.

A detailed plan for the proposed development, drawn to a convenient readable scale, showing the location, proposed use and height of all buildings; the location of all parking and truck loading areas; all traffic ingress, egress, and circulation drives; location of outdoor storage, if any; location of all pedestrian facilities, such as sidewalks; a detailed landscaping, grading, and drainage plan showing those above elements which are pertinent and including all existing or proposed site improvements such as drains, culverts, retaining walls and fences; description of method of water supply, refuse and sewage disposal and the location of such facilities; the location and size of all signs; the location and proposed development of buffer areas; the location and design of external lighting facilities; and a table of information listing pertinent facts about the proposed development and the zoning requirements of this chapter, such as those listed in this section and the Schedule of Residence and Business and Industry District Standards.[1]

In acting on any proposed site plan and/or special permit, the Planning Board shall take into consideration the requirements of the Town Development Plan and the Official Map as they may exist. The Planning Board shall also consider the comments and recommendations of all agencies to which referral is mandated by law. In addition, the Planning Board shall determine that:

The Planning Board shall recommend additional conditions and safeguards to the site plan or special permit as are necessary to assure minimum adverse impact and continual conformance to all applicable standards and requirements such that operation in connection with any special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, electromagnetic radiation, flashing of lights and similar nuisance conditions, than would be the operations of any permitted use not requiring a special permit.

The Planning Board shall review all uses requiring special permits and/or site plan approval. Based upon a consideration of the requirements and conditions of §§ 155-18, 155-19, 155-20 and 155-21, and all subsections thereof, the Planning Board shall approve, approve with conditions, or disapprove site plans and/or uses requiring special permit.

The Planning Board, within 62 days of the referral of an application pursuant to § 155-20 of this chapter, shall hold a public hearing on said application if requested by the applicant or a resident of the Town of Olive and shall give public notice thereof by publication in the official newspaper of such hearing at least five days prior to the date thereof, and shall decide the same within 62 days after such hearing, or within 62 days after referral of the application if no hearing has been held, provided that the time within 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 be filed with the Town Clerk within five business days and a copy thereof mailed to the Zoning Enforcement Officer and the applicant.[1]

Appeal of decision of the Planning Board. Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the town 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 in the office of the Town Clerk. The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The court at a special term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination.

Notice to abutting property owners. At the time of application referral to the Planning Board, the Zoning Inspector shall notify all abutting landowners noted on the drawings with respect to the application for a site plan and/or special permit.

Issuance of permit. If the decision of the Planning Board is approval, the Zoning Enforcement Officer shall issue such permit. If the decision of the Planning Board is approval with conditions, the Zoning Enforcement Officer shall issue such permit with the conditions attached to such permit. If the decision of the Planning Board is disapproval, the Zoning Enforcement Officer shall deny the issuance of said permit. If the Zoning Enforcement Officer receives no decision by the Planning Board within the time a decision must be made as provided in the chapter, then the Zoning Enforcement Officer shall issue the permit for which the application was submitted.

Additional requirements for permitted uses in floodplain areas (reference Olive Code Chapter 97).