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Town of Union, NY
Broome County
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Table of Contents
Table of Contents
Code
New Laws (0) Index
A. 
Establishment. For the purpose of promoting the health, safety, morals, or the general welfare of the community, the Town Board is hereby empowered under New York State Town and the Village Board is hereby empowered under New York State Village Law to regulate and administer the provisions of this Zoning Ordinance.
B. 
Powers and duties. The Town and Village Board shall be responsible for final action regarding the following:
(1) 
Amendments to the Zoning Map (rezoning);
(2) 
Amendments to the text of this chapter; and
(3) 
Applications for the creation of a Planned Unit Development District.
A. 
Establishment. The Planning Board is established under the provisions of New York State Town and Village Law.
B. 
Membership, appropriations and terms. The Planning Board's composition, appropriations, terms, vacancies, removals, and appointments shall be in accordance with New York State Town and Village Law.
C. 
Power and duties. The Planning Board shall have the following powers and duties.
(1) 
Review authority. The Planning Board shall be responsible for reviewing and making recommendations regarding the following:
(a) 
Amendments to the Zoning Map (rezoning);
(b) 
Amendments to the text of this chapter; and
(c) 
Applications for the creation of a Planned Unit Development District.
(2) 
Final authority. The Planning Board shall be responsible for final action regarding applications for the following:
(a) 
Major site plan review; and
(b) 
Special use permits.
(3) 
General authority. The Planning Board may exercise additional powers as directed by the Town or Village Board and as may be described elsewhere in this chapter and as permitted by New York State Town or Village Law.
A. 
Establishment. The ZBA is established under the provisions of New York State Town and Village Law.
B. 
Membership, appointments and terms.
(1) 
The ZBA shall consist of seven members appointed by the Town Board or five members appointed by the Village Board.
[Amended 8-10-2011 by L.L. No. 9-2011]
(2) 
The Clerk of the ZBA shall perform such duties as required by it. The Town or Village Board may appoint additional clerks or other employees serving at its pleasure to assist the ZBA.
(3) 
Subdivision 11 of Section 267 of Town Law is hereby amended and superseded with regard to the appointment of alternate members of the Zoning Board of Appeals. There shall be two alternate Zoning Board of Appeals members who shall be appointed by resolution of the Town Board for terms established by the Town Board. Alternate Zoning Board of Appeals members shall substitute for a Zoning Board of Appeals member or members in the event any such member is or members are unable to participate in a matter or application before the Zoning Board of Appeals where illness, absence or a conflict of interest would otherwise prevent five members of the Zoning Board of Appeals from considering any pending matter. The Chairperson of the Zoning Board of Appeals is authorized to designate an alternate Zoning Board of Appeals member for a member who is unable to participate in an application or matter before the Zoning Board of Appeals because of an illness, absence or conflict of interest. When so designated, an alternate Zoning Board of Appeals member shall possess all of the powers and responsibilities of a member of the Zoning Board of Appeals.
[Added 8-10-2011 by L.L. No. 9-2011; amended 3-17-2017 by L.L. No. 2-2017]
C. 
Meetings.
(1) 
The ZBA shall adopt rules for the conduct of its business consistent with statute and this chapter.
(2) 
The Chair of the ZBA or, in the Chair's absence, the Acting Chair, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by New York State Town and Village Law and the Civil Practice Law and Rules.
(3) 
The ZBA may seek recommendations from the Planning Board and other agencies as it deems appropriate.
(4) 
Hearings shall be public, and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.[1]
[1]
Editor's Note: See Public Officers Law § 100 et seq.
D. 
Minutes. The Municipal Clerk shall keep minutes of all proceedings before the ZBA.
E. 
Powers and duties. The ZBA shall have the following powers and duties.
(1) 
Final authority. The ZBA shall be responsible for final action regarding the following:
(a) 
Applications for variances;
(b) 
Administrative appeals;
(c) 
Applications for temporary use permits; and
(d) 
Amendments to restrictions enacted by the ZBA.
(2) 
General authority. The ZBA may exercise additional powers as directed by the Town or Village Board and as may be described elsewhere in this chapter and as permitted by New York State law.