NY Town L § 274-B (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 274-B - Approval of Special Use Permits.

§ 274-b. Approval of special use permits. 1. Definition of special use   permit. As used in this section the term "special use permit" shall mean   an authorization of a particular land use which is permitted in a zoning   ordinance  or  local law, subject to requirements imposed by such zoning   ordinance or local law to assure that the proposed  use  is  in  harmony   with  such  zoning  ordinance or local law and will not adversely affect   the neighborhood if such requirements are met.2. Approval of special use permits. The town board may, as part  of  a   zoning  ordinance or local law adopted pursuant to this article or other   enabling law, authorize the planning board or such other  administrative   body  that  it shall designate to grant special use permits as set forth   in such zoning ordinance or local law.3. Application for area variance. Notwithstanding any provision of law   to the contrary, where a proposed special use  permit  contains  one  or   more   features  which  do  not  comply  with  the  zoning  regulations,   application may be made to the zoning  board  of  appeals  for  an  area   variance  pursuant to section two hundred sixty-seven-b of this article,   without  the  necessity  of  a   decision   or   determination   of   an   administrative  official  charged  with  the  enforcement  of the zoning   regulations.4. Conditions attached to the issuance of  special  use  permits.  The   authorized  board  shall  have  the  authority to impose such reasonable   conditions and restrictions as are directly related to and incidental to   the proposed special use permit. Upon its granting of said  special  use   permit,  any such conditions must be met in connection with the issuance   of permits by applicable enforcement agents or officers of the town.5. Waiver of requirements. The town  board  may  further  empower  the   authorized  board  to,  when  reasonable, waive any requirements for the   approval, approval with modifications  or  disapproval  of  special  use   permits  submitted for approval. Any such waiver, which shall be subject   to appropriate conditions set  forth  in  the  ordinance  or  local  law   adopted pursuant to this section, may be exercised in the event any such   requirements are found not to be requisite in the interest of the public   health,  safety  or  general  welfare  or  inappropriate to a particular   special use permit.6. Public hearing and decision on special use permits. The  authorized   board  shall conduct a public hearing within sixty-two days from the day   an application is received on any  matter  referred  to  it  under  this   section.  Public  notice of said hearing shall be printed in a newspaper   of general circulation in the town at least five days prior to the  date   thereof.  The  authorized board shall decide upon the application within   sixty-two days after the hearing. 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.7. Notice to applicant and county planning board or agency or regional   planning council.  At least ten days before such hearing, the authorized   board  shall  mail  notices  thereof  to the applicant and to the county   planning board or agency or regional planning council,  as  required  by   section  two  hundred  thirty-nine-m of the general municipal law, which   notice shall be accompanied by a full statement of such proposed action,   as defined in subdivision one of section two  hundred  thirty-nine-m  of   the general municipal law.8.  Compliance  with  state  environmental  quality  review  act.  The   authorized  board  shall  comply  with  the  provisions  of  the   state    environmental   quality   review   act   under   article  eight  of  the   environmental conservation law and its implementing regulations.9.  Court  review.  Any person aggrieved by a decision of the planning   board or such other designated body or any officer, department, board or   bureau of the town may apply to  the  supreme  court  for  review  by  a   proceeding  under  article  seventy-eight  of the civil practice law and   rules. Such proceedings shall be instituted within thirty days after the   filing of a decision by such board in the office of the town clerk.  The   court may take evidence or appoint a referee to take such evidence as it   may direct, and report the same, with findings of fact  and  conclusions   of  law,  if  it shall appear that testimony is necessary for the proper   disposition of the matter. The court shall itself dispose of the  matter   on  the  merits,  determining  all  questions which may be presented for   determination.10. Costs. Costs shall not be allowed against the  planning  board  or   other  administrative  body designated by the town board unless it shall   appear to the court that it acted with gross negligence, in  bad  faith,   or with malice in making the decision appealed from.11.  Preference.  All  issues addressed by the court in any proceeding   under this section shall have preference  over  all  civil  actions  and   proceedings.