Application. Formal application for a special use permit shall be made to the Office of the Town Attorney — Legislative Affairs, if Town Board approval is required, and to the Zoning Board of Appeals, if their approval is required, who shall be responsible for forwarding such application to the appropriate Town department(s). Each department shall review the application and forward it with a recommendation to the approving agency. The formal application shall be submitted in the number of copies as specified on the application form and shall include at least the following items:

Concurrent site plan review. Site plan approval under this chapter shall be required for any site where a special use permit is applied for. With the exception of special use permits issued by the Zoning Board of Appeals, the special use permit and site plan approval procedures shall run concurrently and their approval shall be the responsibility of the Town Board. If site plan approval by the Planning Advisory Board or the Department of Planning and Development, as set forth in § 246-6.2 of this chapter, is required, it shall be completed prior to the issuance of any special permit by the Zoning Board of Appeals. If Town Board approval is required, the Department of Planning and Development and/or the Planning Advisory Board, as appropriate, shall prepare a single report to the Town Board containing their recommendations concerning the special use permit and site plan applications. The Town Board shall consider such recommendations and shall follow the application review procedure identified in § 246-6 of this chapter.

Public hearing. Where Town Board approval is required, a public hearing shall be held concurrently for both the special use permit and the site plan. Where Zoning Board of Appeals approval is required, a public hearing shall not be held until the site plan review procedure, if applicable, has been completed and the Department of Planning and Development and/or the Planning Advisory Board, as appropriate, has prepared a report to the Zoning Board of Appeals indicating their approval or conditional approval of the site plan and containing any recommendations which they may have concerning the requested special use permit. If, as a result of the Zoning Board of Appeals' review and decision, revisions to the approved site plan are required, said plan shall be sent back to the Planning Advisory Board or the Department of Planning and Development, as appropriate, for their further review and reapproval of the site plan. Notice of such hearing shall be the same as required by law for a zoning amendment. In addition, the posting of a notification sign(s) on the property shall be required in accordance with the standards as set forth in § 246.6.6.2 of this chapter, except that the required posting period shall be 14 days prior to the public hearing.

Decision. Subsequent to the close of the public hearing, the approving agency shall act either to approve, disapprove or approve the special use permit application with required conditions, modifications and safeguards, including appropriate limits on hours of operation. Such decision shall be based upon the standards as set forth in § 246-9.4 of this chapter except that, in the case of Town Board approval, the Town Board, acting as the Town's legislative body, may establish such additional standards for each individual application as it may determine appropriate, necessary or desirable to achieve the intent of this chapter, taking into consideration the circumstances of the specific case. If an interpretation of the meaning of any specific standard is required, the approving agency shall make such determination, guided by the purposes of this chapter as set forth in § 246-1.

Expiration. A special use permit shall be deemed to authorize only the particular use or uses specified in the resolution of special use permit and site plan approval and will expire if the approved use and/or site development is not commenced within one year of the date of approval and is not diligently prosecuted to completion. The approving agency may, upon request of the applicant, grant additional time periods for the initiation of such action of up to six months each, subject to appropriate conditions, but in no event shall any extension extend the period beyond four years from the date the special use permit was originally granted. The approving agency may also establish a time limit for the completion of all required work necessary prior to the establishment of the special permit use. The special use permit shall expire if said use or uses shall cease for more than one year for any reason or if all required improvements are not maintained and all conditions and standards complied with throughout the duration of the use. For a use intended to be temporary, the approving agency may issue a special use permit for a specific period of time.

Amendments. Any change in the type or intensity of an approved use, or reduction in lot size, shall require an amendment to the special use permit in accordance with all of the application and review requirements of this chapter.

The proposed location and size of the special permit use, the nature and intensity of the operations involved in it or conducted in connection with it, the height, bulk, density, architecture and orientation of proposed structures, the size of the site in relation to it, the character of the district in which it is located, the location of the site with respect to places of worship, schools, recreation areas or other places of public assembly and the location of the site with respect to streets giving access to it shall be such that it will be in harmony, both visually and otherwise, with the appropriate and orderly development of other properties in the area in which it is located, consistent with any plan or plans which may have been duly adopted by the Town Board for the hamlet or other geographic area in which the use will be located, and consistent with the purposes and intent of this chapter.

The physical characteristics of the site, including its soils, vegetation, topography, wetlands and other environmental features and physical characteristics, shall be such that the land will be suitable and conducive to the orderly, safe and appropriate development of the proposed special permit use, including its proposed design and location on the site, its proper buffering from surrounding properties and land uses, and the protection provided for environmental features, including wetlands, steep slopes, and important vegetation, especially mature woodlands and specimen trees.

The proposed special permit use, including its design and location on the site, will not create a hazard to life, limb or property because of fire, flood, erosion or panic, or by its inaccessibility for the safe and convenient entry and operation of fire and other emergency apparatus, or by the overcrowding of land or undue concentration or assemblage of persons within such or upon such property.

The proposed special permit use, including its design and location on the site, will be compatible with the protection of groundwater resources, especially if such site is located within the Oyster Bay Special Groundwater Protection Area as designated by the State of New York and Nassau County.

The location, nature and height of buildings, walls and fences and the nature and extent of existing or proposed plantings, including buffer screening, on the site shall be such that the special permit use will not hinder or discourage the appropriate development and use of adjacent land and buildings nor will it impair the value thereof.

Operations in connection with any special permit use shall not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other characteristics than would be the operations and impacts of permitted uses not requiring a special use permit in that zoning district.

Facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that will be generated by the proposed special permit use will be adequate for such purpose.

All performance standards, as set forth in § 246-10 of this chapter, shall be met by the proposed special permit use.

Traffic flow to and from the site and the operation of street intersections at peak weekday, weekend and appropriate seasonal traffic hours in the vicinity of the site, taking into consideration any proposed or required street improvements, shall be such that the special permit use shall not create nor increase any vehicular or pedestrian safety hazard or decrease the level of service at any such street intersection.

Roadway improvements which are necessary and/or proposed to mitigate project related traffic impacts shall be such that they do not negatively impact the character of the community in which they are located.

Traffic access shall be designed so that local roadways through residential neighborhoods are not impacted by the diversion of traffic from more congested main roadways as a result of the proposed access design and the additional traffic volume generated by the proposed special permit use, including trips generated during off-peak nighttime and/or weekend hours.

Proposed off-street parking and loading facilities shall be of adequate size for the particular special permit use, properly and safely located and designed, and suitably/screened from adjoining residential and other uses, and the entrance and exit drive(s) shall be designed to achieve maximum convenience and safety.

The operation of the proposed special permit use shall not overburden or otherwise interfere with the orderly enjoyment of neighboring parks, recreational facilities or other public facilities.

The safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed special permit use and its proposed location on the site.

As an additional factor in arriving at its determination, the approving authority may also consider, if and as applicable, whether the proposed special permit use will provide economic benefits to the Town and its residents and, at the same time, will avoid adverse economic impacts to other existing uses.