(1) A special permit application shall be submitted in accordance with § 470-909A for any activity designated in the regulations as requiring a special permit.
(2) Each application for a special permit shall be accompanied by a site plan conforming to the requirements of § 470-901 of these regulations unless the Town Planner finds that there are no physical changes proposed to the site or any building or structure and the submission of a site plan application is not necessary for the Commission to evaluate the proposal.
(3) A special permit application shall be accompanied by the number and type of materials prescribed in Appendix 1 of these regulations for a special permit application (see checklists).
(4) The Commission may require the submission of such additional information as the Commission deems necessary to make a reasonable review of the application.
(5) In addition to the submission requirements above, the applicant shall submit application materials in digital format in accordance with § 470-901A(6).
(6) A complete special permit application must be submitted a minimum of 10 days before a regular meeting in order to be considered by the Commission at that meeting. Nothing in this section shall be construed to extend the time limits for action as specified in the C.G.S.
(7) Any additional information required by the Commission, or provided by the applicant shall be submitted a minimum of 10 days prior to the public hearing to enable the Commission, staff, public and any consultants contracted by the Commission have adequate time to review the information before the expiration of the time limits set forth in the C.G.S.
(8) The Commission may choose not to accept any modifications to an application after it has been received except those modifications specifically requested by the Commission (unless the Commission determines that such modification could be handled as a condition of approval).
(9) Nothing in this section shall prohibit an applicant from submitting reply reports in response to documents submitted by the public, staff, consultants or other sources during the proceeding on the application.
(10) The Commission may deny an application without prejudice where application information or revisions have been received so late in the process as to deny or curtail the opportunity for thorough review and comment by the public, Town staff, or other public agencies.

B. Proceedings.

(1) The date of receipt for a special permit application shall be determined in accordance with § 470-909B.
(2) An incomplete special permit application may be denied in accordance with § 470-909C.
(3) If a special permit application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands and Watercourses Agency not later than the day such application is filed with the Commission.
(4) The Commission shall process the special permit application within the period of time permitted under C.G.S. § 8-7d as follows:

(a) The public hearing shall commence within 65 days after receipt of the application;
(b) The public hearing shall be completed within 35 days after such hearing commences;
(c) All decisions shall be rendered within 65 days after completion of such hearing; and
(d) The applicant may consent to one or more extensions of any period specified herein, provided the total extension of all such periods shall not be for longer than 65 days.

(5) If an application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive and the time for a decision by the Commission would elapse prior to the 35th day after a decision by the Inland Wetlands and Watercourses Agency, the time period for a decision shall be extended to 35 days after the decision of such agency.
(6) The applicant may withdraw an application at any time prior to decision on the application by the Commission. The withdrawal of an application shall not be effective unless made in writing prior to decision by the Commission.

(1) For every special permit application the Commission shall:

(a) Hold a public hearing on the special permit application; and
(b) Publish a legal notice in accordance with the requirements of § 470-909E of these regulations.

(2) Provided that a complete application is submitted to the Town Planner at least 21 days prior to a Commission meeting, staff may schedule the public hearing for the next regularly scheduled Commission meeting date.
(3) Notification by posting a sign shall be required in accordance with the requirements of § 470-909F.
(4) The applicant shall give notice to owners of abutting lots in accordance with the requirements of § 470-909G of these regulations.
(5) Notification to adjoining municipalities may be required in accordance with the requirements of § 470-909H.
(6) Notification to water companies may be required in accordance with the requirements of § 470-909J.
(7) Notification to parties holding restrictions may be required in accordance with the requirements of § 470-909K.

D. Decision considerations. See § 470-902D for details.

E. Special permit criteria.
In considering any application for a special permit, the Commission shall, in addition to other standards in these regulations, evaluate the merits of the application with respect to the following factors:

(1) Plan of conservation and development. Whether the proposed use or activity is in accordance with or facilitates achievement of one or more of the goals, objectives, policies, and recommendations of the Plan of Conservation and Development, as amended.
(2) Purposes of regulations. The proposed use or activity is consistent with the purposes of the regulations.
(3) Environmental protection and conservation. Appropriate consideration shall be given to the protection, preservation, and/or enrichment of natural, scenic, historic, and unique and environmental resources and features which enhance the character of the community.
(4) Suitable location for use - with respect to:

(a) The size of the lot;
(b) The nature and intensity of the activities involved in or conducted in connection with the use;
(c) The streets giving access to it are such that the use shall be in harmony with the appropriate and orderly development in the neighborhood in which it is located; and,
(d) The impact on neighboring properties and residences or the development of the district.

(5) Appropriate improvements.

(a) The design elements shall be attractive and suitable in relation to the site characteristics, the style of other buildings in the immediate area, and the existing and probable future character of the neighborhood.
(b) The location, nature and height of buildings, walls, and fences, planned uses and the nature and extent of landscaping on the lot shall not hinder or discourage the appropriate development and use of land and buildings in the neighborhood or impair the value thereof.
(c) The proposed use shall have no material adverse impact upon the neighborhood.

(6) Suitable transportation conditions.

(a) The design, location, and specific details of the proposed use or activity shall not:

[1] Adversely affect safety in the streets;
[2] Unreasonably increase traffic congestion in the area;
[3] Interfere with the pattern of vehicular circulation in such a manner as to create or increase unsafe traffic conditions.

(b) Parking area or areas shall:

[1] Be of adequate size for the particular use,
[2] Be suitably screened from adjoining residential uses, and
[3] Have entrance and exit drives laid out so as to prevent traffic hazards and nuisances.

(c) Streets and other rights-of-way shall be of such size, condition capacity, width, grade, alignment and visibility to adequately accommodate the additional traffic to be generated by the particular proposed use.

(7) Adequate public utilities and services.

(a) The provisions for water supply, sewage disposal, and stormwater drainage shall:

[1] Conform to accepted engineering practices,
[2] Comply with all standards of the appropriate regulatory authority; and
[3] Not unduly burden the capacity of such facilities.

(b) The proposed use or activity shall:

[1] Provide ready accessibility for fire apparatus and police protection, and
[2] Be laid out and equipped to further the provision of emergency services.

(8) Nuisance avoidance.

(a) The use shall be appropriate for the area shall not create a nuisance, and shall not hinder the public health, safety, convenience, and property values.

(9) Long-term viability. Adequate provision shall be made for the sustained maintenance of the proposed development including structures, streets, and other improvements.

(1) In acting on a special permit application, the Commission may approve, approve with conditions, or deny the application.
(2) The decision to approve a special permit shall:

(a) State the name of the owner of record;
(b) Contain a description of the premises to which it relates;
(c) Identify the section and/or subsection of the regulations under which the special permit was granted or denied; and
(d) Specify the activity authorized by the special permit.

(3) The Commission shall send, by certified mail, a copy of any decision on a special permit application to the applicant within 15 days after such decision is rendered.
(4) The Commission shall cause notice of the decision on the special permit application to be published in a newspaper having a substantial circulation in Canton within 15 days after such decision is rendered.
(5) In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the applicant may provide for the publication of such notice within 10 days thereafter.

G. Following approval.

(1) A special permit approved by the Commission shall only become effective upon the filing of a copy, certified by the Commission, in the Canton land records, in accordance with the provisions of C.G.S. § 8-3d, accompanied by approved site plans per § 470-901E (unless an approved site plan is already on file).
(2) A special permit shall only authorize the particular activity specified in the Commission's approval.
(3) Failure to strictly adhere to the documents, plans, terms, conditions and/or safeguards approved by the Commission or its staff shall be a violation of the special permit and the regulations.
(4) A special permit may be amended or modified in the same manner as provided above for the approval of a special permit except that amendments that are found to be of a minor nature or which do not materially alter the special permit, as determined by the Commission, may be approved by the Commission without another public hearing.

(1) Failure to record a special permit within 12 months of the date of the Commission's action shall void the special permit.
(2) Any special permit application, in which the approved use is not conducted on the site within 18 months from the date of approval, shall, expire unless the Commission shall provide for a longer time period not to exceed 36 months from the date of approval.
(3) The Commission may grant one or more extensions of the time to complete all or part of the work in connection with a special permit for good cause, upon written request from the applicant, provided the total extension or extensions shall be consistent with § 470-901G(2).
(4) The Commission may condition the approval of such extension on a determination of the adequacy of any bond.

I. Enlargement.

(1) Enlargement of special permit. No special permit use may be enlarged or substantially altered until such time as a new application for a special permit has been filed with and approved by the Commission following a public hearing pursuant to all the provisions of § 470-902.