The uses listed in § 3.11, Use Table, Column 4, are conditional uses permitted only upon approval by the Planning Board in accordance with the procedures and standards herein. After approval, such uses shall be deemed permitted uses in the districts wherein located, subject to any conditions attached thereto.

Application for conditional use approval pursuant to this chapter shall be on forms prescribed by the Planning Board. Such application shall accompany the application for preliminary or final site development plan approval. The preliminary or final site development plan and conditional use application may be processed concurrently in accordance with § 10.22 et seq. Fees for conditional use application shall be in accordance with the fees of the Town of Orangetown.

Within 90 days of receipt of the application in proper form, together with the final site development plan, the Planning Board shall approve establishment of such uses upon determining compliance with conditions required by this chapter and, where appropriate, modify the nature or extent of the proposed use and development of the project to be consistent with this chapter or, on negative findings, fully set forth in the record, shall deny such use. The Planning Board shall provide for public notice and hearing on any application for conditional use. Such hearing shall be scheduled within 45 days of the receipt of all required materials in proper form, and the Board shall decide the matter within 45 days after the close of the hearing. The time periods herein may be extended by mutual consent of the Board and applicant.

An applicant for a conditional use shall, simultaneously with the filing of such application, file an application for site development plan approval with the Office of Building, Zoning and Planning Administration and Enforcement, together with appropriate plans, drawings and fee for site development plan review, indicating the extent of variances required, if any. Thereafter and before any consideration or review of the application for such conditional use, the Office of Building, Zoning and Planning Administration and Enforcement shall refer said application to the Project Review Committee, which shall review the application for purposes of preliminary site development plan review and in light of the general considerations and specific standards herein. Thereafter, the Project Review Committee shall transmit its recommendations to the Planning Board within 30 days. Following the granting of such conditional use, the application shall be considered by the Planning Board for final site development plan approval.

The Planning Board shall cause to be filed with the Office of Building, Zoning and Planning Administration and Enforcement, the Town Clerk and Building Inspector the decision of the Planning Board, and a copy thereof shall be mailed to the applicant. Conditional use approval shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof, but in any case shall expire within 18 months of the date of approval unless a building permit has been issued for the conditional use. Such period may be extended on separate application to the Planning Board.

Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules within 30 days after the filing of a decision in the office of the Town Clerk.