The applicant shall submit a completed application to the Planning Board a minimum of five business days prior to the regular monthly meeting. A completed environmental assessment form shall be submitted at this time in accordance with the State Environmental Quality Review Act.[1]

The application for a special permit may be made by the owner of the property or other person with written approval of the owner. Such application shall include a site plan in accordance with Article VII, Site Plan Review.

At the regular or special meeting, when the completed application is reviewed, the Planning Board shall determine whether a public hearing is necessary. A public hearing must be held within 62 days after the completed application is submitted to the Planning Board and with 10 days' prior public notice in the official newspaper. In addition, the applicant shall give notice, in writing, by certified mail to all property owners of the land immediately adjacent to, extending 500 feet therefrom and directly opposite thereto, extending 500 feet from the street frontage of the land in said application. If in an agricultural district, such notice shall be given to all property owners within 500 feet of the lot boundary. The applicant shall mail these notices at least 10 days in advance of the hearing and furnish the Planning Board with post office receipts as proof of notification.

The Planning Board shall render a decision, at a regular or special meeting, either approving, approving with conditions, or denying a special permit application within 62 days of the public hearing or, if no hearing is held, within 62 days of receipt of the completed application.

A special permit shall be construed to be authorization for only one particular special use and shall expire if the special use ceases for more than six months for any reason. Special uses inherently of a seasonal nature, including, but not limited to, nature centers, campgrounds, recreation areas, and roadside stands, shall have a period extended to 12 months prior to expiration of special permits.

The proposed development is compatible with nearby properties and will not discourage the appropriate development and use of adjacent properties.

Traffic generated by the proposed development can be adequately and safely served by the existing and proposed roads.

The proposed development will not adversely affect community appearance.

The proposed development can be served by necessary community facilities and will not overtax such community facilities. This includes providing adequate access for emergency vehicles as required by Town Law § 280-a.

Operation of any special use shall not be more objectionable to nearby properties by reason of dust, odor, noise, fumes, vibration, excessive lighting, or water pollution than would the operation of any permitted use.

Special uses shall not conflict with the Comprehensive Plan.

Solar access of adjacent properties is not obstructed by said use.

All State Environmental Quality Review requirements have been met.

No special permit shall be issued for an existing use on a property where there is an existing violation of this chapter or other Town law or regulation.

All agricultural district review requirements have been met.

The Planning Board, in granting special permits, may impose such conditions, safeguards and restrictions upon the proposed development as may be deemed necessary in the public interest to secure compliance with the provisions of this chapter.

Conditions may include, but are not limited to, the following:

No special permit shall be issued for a use on a property where there is an existing violation of this chapter or other Town law or regulation.