[HISTORY: Adopted by the Board of Trustees
of the Village of Chittenango 6-20-1989 by L.L. No. 2-1989. Amendments noted where
applicable.]
[Amended 8-28-2007 by L.L. No. 6-2007]
A.
Pursuant to provisions of § 7-718 of the
Village Law of the State of New York, a Planning Board of five members
shall be appointed for the Village of Chittenango, Madison County,
New York. Its members first appointed shall serve terms of one, two,
three, four and five years, as designated. Members shall be appointed
by the Mayor, subject to approval of the Board of Trustees. In the
event of a vacancy during a member's term of office, the Mayor, subject
to approval by the Board of Trustees, may appoint a new member to
serve out the term of the prior member. Members appointed pursuant
to this section shall be paid for their respective services as fixed
by the Board of Trustees. Members shall have all rights and authority
as granted under § 7-718 of the Village Law and all provisions
of state law pertaining to Planning Board member eligibility, vacancy
in office, removal and compatibility of office and service on other
boards, as well as any provision of local law.
B.
Each successor member of the Planning Board appointed
to fill a vacancy created by termination of term of the prior member
shall serve for five years. The Mayor, upon approval of the Board
of Trustees of the Village, shall also have the option to appoint
two alternates to the Planning Board, to serve as provided in this
section. Such alternates shall be appointed for a five-year term of
office. The Chairman of the Planning Board shall assign such alternate(s),
as necessary, when absences of members of said Board, or conflicts
of interest of members of said Board, otherwise prevent a quorum of
members of said Board from being present to consider any pending matter.
Once designated to serve on a particular matter before the Board,
the alternate(s) shall have the same powers and duties of members
of the Board until that matter is concluded. Any determination of
said Board consisting of an alternate(s) shall have the same weight
and be entitled the same authority as the act or deed of the regular
Planning Board, and all laws, statutes and regulations shall apply
and be applied with the same force and effect. Said alternates shall
also be subject to all provisions of state law related to the Planning
Board member eligibility, vacancy in office, removal, compatibility
in office and service on other Boards, as well as any provision of
local laws. Such alternates appointed pursuant to this section shall
be paid for their respective services as fixed in resolution of the
Board of Trustees. In the event of vacancy for the position of alternate
to the Planning Board shall occur, the Mayor, subject to approval
of the Board of Trustees, may appoint a new alternate to serve out
the remaining term of the prior alternate.
The Village Board of the Village of Chittenango
reserves the right to appoint the Chairman of the Planning Board,
and the Chairman so designated is hereby appointed for the term of
one year from the date thereof, and the Village Board of the Village
of Chittenango shall appoint annually hereafter the Chairman of said
Planning Board, but unless and until such subsequent Planning Board
Chairman has been appointed by the Village Board of the Village of
Chittenango, the Planning Board may nominate and elect from its own
members an Acting Chairman, who shall act until such official appointment
is made by the Village Board of the Village of Chittenango.
Pursuant to the provisions of § 7-728
of the Village Law of the State of New York, the said Planning Board
of the Village of Chittenango, Madison County, New York, hereby appointed
is hereby authorized and empowered to approve plats and maps showing
lots, blocks or sites, with or without new streets or highways; and
it is further authorized to approve the development of plats or maps
entirely or partially undeveloped and which may have been filed in
the office of the Clerk of the County of Madison prior to the appointment
of such Planning Board, all in accordance with the procedures outlined
in § 7-728 of the Village Law of the State of New York and
other appropriate sections of the Village Law of the State of New
York, subject, however, to the requirement that before any such plat
or map is approved or disapproved, the Planning Board shall refer
its proposed decision to the Village Board of the Village of Chittenango
for its advice and consent with regard thereto.
The Clerk of the Village of Chittenango, Madison
County, New York, is directed to forthwith file with the Clerk of
the County of Madison a certificate showing that the Board of Trustees
of the Village of Chittenango, Madison County, New York, has authorized
the Planning Board to approve plats or maps showing lots, blocks or
sites, with or without streets or highways, and has further authorized
and empowered said Board to approve the development of plats or maps
entirely or partially undeveloped and which may have been filed in
the office of the Clerk of the County of Madison prior to the appointment
of such Planning Board, all within the Village of Chittenango, County
of Madison, New York, pursuant to the provisions of § 7-728
of the Village Law of the State of New York and other appropriate
sections of the Village Law of the State of New York; and the said
Clerk is hereby requested to write to the County Clerk of Madison
County and request such Clerk, pursuant to the provisions of § 7-732
of the Village Law of the State of New York and other appropriate
sections of said Village Law, to refuse to file or record in his office
any plat or map of a subdivision of land showing lots, blocks or sites,
with or without new streets or highways, until said plat or map has
been approved by the Planning Board of the Village of Chittenango,
Madison County, New York.
The said Planning Board of the Village of Chittenango,
Madison County, New York, shall undertake its duties and powers in
connection with the approval of plats and maps as aforesaid in accordance
with the provisions of the Village Law of the State of New York as
contained in §§ 7-728, 7-730 and 7-736 and other appropriate
sections of the Village Law of the State of New York.
Where the enforcement of the provisions of § 7-736
of the Village Law of the State of New York would entail practical
difficulties or unnecessary hardship or where the circumstances of
the case do not require the structure to be related to existing or
proposed streets or highways, the said Planning Board of the Village
of Chittenango, Madison County, New York, hereby appointed, may make
suitable and appropriate recommendations to the Village Board of the
Village of Chittenango, and said Village Board may then make reasonable
exceptions to or from the requirements as contained in § 7-736
of the Village Law and authorize the issuance of the building or construction
permit, subject to conditions that will protect any future street
or highway layout.
The Board of Trustees of the Village of Chittenango
may refer any matter or class of matters to the Planning Board of
the Village of Chittenango before final action thereon is taken by
the village or any of its officers or public bodies having final authority
thereon, and when said Village Board shall decide to refer such matter
or matters, final action thereon shall not be taken by the public
body or officer having such final authority thereon until said Planning
Board has submitted its report to the Village Board or has had a reasonable
time, as fixed by the Board of Trustees in said reference, to submit
the report.
The Planning Board shall have the full power
and authority to make such investigations, maps and reports, and recommendations
to the Village Board of the Village of Chittenango in connection therewith,
relating to the planning and development of the village as to said
Planning Board seems desirable, provided that the total expenditures
shall not exceed the appropriation for its expenses.
The Village Board of the Village of Chittenango
reserves the right to increase or decrease the powers of the Planning
Board as herein outlined as it may from time to time decide by resolution
or local law.
