Procedures.

A. After review by the Town Board and if forwarded to the Planning Board, the Town Planning Board shall review the application for special use permit based on the criteria and considerations listed below. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed below, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, the request for approval of the special use permit shall be recommended for denial. Should the applicant, based upon the findings of the Planning Board, meet all of the criteria or requirements listed above, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for approval of a special use permit shall/may be recommended for approval.

The Town Planning Board may also recommend approval of an application for a special use permit subject to appropriate measures that will ensure compliance with the criteria and requirements listed below. The applicant shall still require approval of the project's preliminary site plan from the Town Planning Board pending final action on the application for special use permit by the Town Board. Procedures for the further review of the site plan application shall follow those particular requirements as outlined in this section.B. The Town Board shall review the findings of the Town Planning Board and all of the plans and documents filed as part of the application.

Based upon its review of the record, the Town Board may act to approve, approve with modification or deny the applicant's request for a special use permit. Failure to comply with the conditions of the special use permit shall be considered a violation of this chapter and shall result in the application of the appropriate penalties and/or fines as outlined in § 269-41 and the possible revocation of permits.