The Planning Board shall review the material submitted and the application under the requirements for preliminary site plan approval as described in Article XVII. In addition, the Planning Board shall hold at least one duly advertised public hearing on the proposed special use. Not less than five days prior to the date of such public hearing, notice shall be placed in a local newspaper stating the time, date and purpose for the hearing. The applicant and all interested parties shall have the opportunity to speak at the public hearing.

Within 62 days of the public hearing and the receipt of all necessary information and studies, including environmental impact statements, if required, the Planning Board shall act to either:[2]

The Planning Board, in acting to tentatively grant or to deny such special use permit, shall state its reasons for such action, together with any conditions or modifications required, and shall include this as a part of the record. A report stating the action taken and any conditions or modifications required shall be sent to the applicant and the Town Building Inspector/Code Enforcement Officer. A copy of such report shall also be filed with the application. Tentative approval of the special use permit and preliminary site plan authorizes the applicant to proceed to file a final site plan in accordance with the provisions of Article XVII. Final approval of the special use permit shall be subject to final site plan review by the Planning Board under the procedure of this chapter.[3]

The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the board. The decision of the authorized board on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.[4]

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, convenience or general welfare.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property.

Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public street.

The special use shall, in all other respects, conform to applicable rules, regulations and ordinances of the Town and be consistent with any adopted plan or policy of the town.

A permit, with or without conditions, may be issued for any proposed disturbance on a wetland or watercourse area of any class or in a wetland or watercourse buffer area if it is determined by the Planning Commission that the activity:

The applicant shall provide a copy of the joint application form for either the New York State DEC freshwater wetlands/stream protection permit or US Army Corps of Engineers Wetlands Permit to the Town of Rotterdam prior to granting of a special use permit (if applicable). If the applicant is proceeding under a nationwide permit (NWP), and the acreage and location of the wetlands/streams lost or created/preserved as mitigation must be clearly identified on the subdivision and/or site plan. If preconstruction notification (PCN) to the District Engineer (DE) is required by the terms of the NWP, the Town reserves the right to delay final action until the DE completes the PCN review process.

Subject to all other provisions of this Article XIX, the Planning Board shall be authorized to grant special use permits for adaptive reuse of religious and educational buildings in the Agricultural (A), One-Family Residential (R-1), and Two-Family Residential (R-2) Districts. Issuance of a special use permit for an adaptive reuse of religious and educational buildings shall permit use of an eligible building (as hereinafter defined) for any of the following uses, provided such use or uses occur within the eligible building:

For purposes of this Subsection D, an "eligible building" shall be any building originally constructed, occupied, and used for religious or educational purposes. Examples of eligible buildings include (but shall not necessarily be limited to) buildings constructed for and used as primary schools, secondary schools, places of worship, school gymnasiums, convents, and rectories. The determination concerning whether a building constitutes an "eligible building" shall be made in writing by the Building Inspector/Code Enforcement Officer, prior to consideration of a special use permit application by the Planning Board.

No special use permit may be granted for adaptive reuse of religious or educational buildings hereunder unless all standards set forth in Subsection A, Subsection B (to the extent applicable), Subsection C (to the extent applicable), and this Subsection D are met.

Any adaptive reuse of a former religious or educational building permitted hereunder upon issuance of a special use permit shall be subject to site plan review and approval by the Planning Board in accordance with Article XVII of this chapter.

Provided that all other applicable special use permit standards and site plan review standards are met, a special use permit for adaptive reuse of a former religious or educational building may be issued and site plan approval therefor may be granted notwithstanding that the size and location of the eligible building on the lot fails to comply with the minimum lot area, front, side, and rear yard, maximum building height, or maximum lot coverage requirements otherwise applicable in the subject zoning district, provided that in the three years prior to the filing of the special use permit application, the eligible building, site improvements, and lot lines have not been modified in a manner that resulted in:

To the extent any site improvements, site changes, or modifications or expansions of the eligible building or improvements associated therewith are proposed that would violate otherwise applicable physical or dimensional regulations, the special use permit applicant may make direct application to the Zoning Board of Appeals for one or more area variances in accordance with New York Town Law § 274-b(3).

Parking and signage.

A special use permit issued hereunder shall be deemed to permit only the particular use or particular combination of uses set forth in § 270-167D(1)(a) through (g) for which such special use permit was issued. Any change, addition, or expansion in the use or combination of uses following issuance of the special use permit shall require a special use permit amendment.

In any case where a special use is not in operation within one year after the date of granting thereof, the special use or authorization thereof shall be null and void.

A special use permit shall expire if such use shall cease for more than six consecutive months for any reason.