In addition to the fee listed on the schedule of fees, the Planning
Board may charge a fee to developers of projects requiring legal and
technical review, provided that the fee charged reflects the actual
cost of legal and technical assistance to the Planning Board. This
fee is not to exceed $1,500 without notice to the applicant.
A use requiring the issuance of a special use permit is not
granted as of right and is therefore subject to the discretion of
the Planning Board. Before granting approval to any special use, the
Planning Board shall consider the positive and negative impact of
the use on the following characteristics:
A. The extent to which the use is in harmony with and promotes the general
purposes and intent of the Comprehensive Plan and this chapter and
its effect on the health, welfare and safety of the Town and its residents.
B. The overall compatibility of the use with the neighborhood and the
positive and negative impacts on community character, including the
character of adjoining properties, districts and uses, and the positive
and negative impacts on density, including the density of adjoining
properties, districts and uses.
C. The positive and negative impacts of the use on vehicular congestion
and parking, including the provision of adequate parking and the absence
of hazardous parking or traffic conditions, including ingress and
egress.
D. The positive and negative impacts on infrastructure and services,
including utilities, public facilities and services, including the
extent to which the project extends or provides infrastructure and
services to areas in need of such infrastructure and services.
E. The positive and negative impacts on environmental and natural resources,
including the environmental and physical suitability of the site for
development, the risk of fire, flood or erosion and impacts such as
emissions of electrical charges, dust, light, vibration or noise detrimental
to the public health, safety and welfare.
F. The extent to which the use provides positive or negative effects
on the long-term economic stability and community character of the
Town and surrounding properties, districts and uses.
Unless otherwise specified or extended by the Planning Board,
decision on any request for a special use permit granted after the
effective date of this chapter shall expire if the applicant fails
to obtain the necessary building permit to construct any existing
building(s) and begin actual construction or to comply with the conditions
of said authorization within one year from the filing date of such
decision thereof. Unless otherwise specified or extended by the Planning
Board, all special use permits granted prior to the effective date
of this chapter shall expire if the applicant fails to obtain the
necessary building permit and begin actual construction or comply
with the conditions of said authorization within one year from the
effective date of this chapter.
A use authorized by special permit may be revoked by the Planning
Board if it is found and determined that there has been a material
failure of compliance with any one of the terms, conditions, limitations
or requirements imposed by said permit.
All special use permits shall be subject to the provisions of Article
XVIII of this chapter.