NY Vill L § 7-725-B (2021)
2021 New York Laws VIL - Village Article 7 - Building Zones 7-725-B - Approval of Special Use Permits.

§  7-725-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 local law, subject to requirements imposed by such local  law  to   assure  that the proposed use is in harmony with such local law and will   not adversely affect the neighborhood if such requirements are met.2. Approval of special use permits. The village board of trustees may,   as part of a zoning local law, authorize  the  planning  board  or  such   other  administrative  body that it shall designate to grant special use   permits as set forth in such 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  7-712-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 village.5.  Waiver of requirements.  The village board of trustees 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  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 village 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 village 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 village 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 village 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 village  board  of  trustees   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.