N.Y. VIL Law § 7-725-B — New York Code / Act VIL / Article 7 / Section 7-725-B
Approval of special use permits
Status: in_force

§ 7-725-b Approval of special use permits. 1. Definition of special\nuse permit. As used in this section the term "special use permit" shall\nmean an authorization of a particular land use which is permitted in a\nzoning local law, subject to requirements imposed by such local law to\nassure that the proposed use is in harmony with such local law and will\nnot adversely affect the neighborhood if such requirements are met.\n  2. Approval of special use permits. The village board of trustees may,\nas part of a zoning local law, authorize the planning board or such\nother administrative body that it shall designate to grant special use\npermits as set forth in such local law.\n  3. Application for area variance. Notwithstanding any provision of law\nto the contrary, where a proposed special use permit contains one or\nmore features which do not comply with the zoning regulations,\napplication may be made to the zoning board of appeals for an area\nvariance pursuant to section 7-712-b of this article, without the\nnecessity of a decision or determination of an administrative official\ncharged with the enforcement of the zoning regulations.\n  4. Conditions attached to the issuance of special use permits. The\nauthorized board shall have the authority to impose such reasonable\nconditions and restrictions as are directly related to and incidental to\nthe proposed special use permit.  Upon its granting of said special use\npermit, any such conditions must be met in connection with the issuance\nof permits by applicable enforcement agents or officers of the village.\n  5. Waiver of requirements.  The village board of trustees may further\nempower the authorized board to, when reasonable, waive any requirements\nfor the approval, approval with modifications or disapproval of special\nuse permits submitted for approval. Any such waiver, which shall be\nsubject to appropriate conditions set forth in the local law adopted\npursuant to this section, may be exercised in the event any such\nrequirements are found not to be requisite in the interest of the public\nhealth, safety or general welfare or inappropriate to a particular\nspecial use permit.\n  6. Public hearing and decision on special use permits.  The authorized\nboard shall conduct a public hearing within sixty-two days from the day\nan application is received on any matter referred to it under this\nsection. Public notice of said hearing shall be printed in a newspaper\nof general circulation in the village at least five days prior to the\ndate thereof. The authorized board shall decide upon the application\nwithin sixty-two days after the hearing. The time within which the\nauthorized board must render its decision may be extended by mutual\nconsent of the applicant and the board. The decision of the authorized\nboard on the application after the holding of the public hearing shall\nbe filed in the office of the village clerk within five business days\nafter such decision is rendered, and a copy thereof mailed to the\napplicant.\n  7. Notice to applicant and county planning board or agency or regional\nplanning council.  At least ten days before such hearing, the authorized\nboard shall mail notices thereof to the applicant and to the county\nplanning board or agency or regional planning council, as required by\nsection two hundred thirty-nine-m of the general municipal law, which\nnotice shall be accompanied by a full statement of such proposed action,\nas defined in subdivision one of section two hundred thirty-nine-m of\nthe general municipal law.\n  8. Compliance with state environmental quality review act. The\nauthorized board shall comply with the provisions of the state\nenvironmental quality review act under article eight of the\nenvironmental conservation law and its implementing regulations.\n  9. Court review. Any person aggrieved by a decision of the planning\nboard or such other designated body or any officer, department, board or\nbureau of the village may apply to the supreme court for review by a\nproceeding under article seventy-eight of the civil practice law and\nrules. Such proceedings shall be instituted within thirty days after the\nfiling of a decision by such board in the office of the village clerk.\nThe court may take evidence or appoint a referee to take such evidence\nas it may direct, and report the same, with findings of fact and\nconclusions of law, if it shall appear that testimony is necessary for\nthe proper disposition of the matter. The court shall itself dispose of\nthe matter on the merits, determining all questions which may be\npresented for determination.\n  10. Costs. Costs shall not be allowed against the planning board or\nother administrative body designated by the village board of trustees\nunless it shall appear to the court that it acted with gross negligence,\nin bad faith, or with malice in making the decision appealed from.\n  11. Preference. All issues addressed by the court in any proceeding\nunder this section shall have preference over all civil actions and\nproceedings.\n