N.Y. Village Law § 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.