[HISTORY: Adopted by the Town Board of the Town of Chenango 10-14-1958; amended in its entirety 1-7-2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Boards and Commissions — See Ch. 2A.
Subdivision of land — See Ch. 62.
A Planning Board is hereby created. Such Board shall consist of five members to serve for overlapping five-year terms to be appointed by the Town Board.
The Chairperson shall be one of the five members of the Planning Board. The Town Board shall appoint the Chairperson. Vacancies shall be filled in a like manner; provided, however, that an unexpired term shall be filled for such unexpired term only. The Town Board is hereby authorized to appoint ad hoc and/or alternate members to the Planning Board where conflicts of interest or other factors intervene to prevent a full Board attendance.
The Town Planning Board of the Town of Chenango is authorized and empowered to periodically modify and update the Town's Comprehensive Plan to approve plats (subdivision review) showing the layout of lots, roads, driveways, details of water and sewer facilities, streets and other pertinent information in accordance with Town Law and state enabling statutes; to approve site plans regarding how a particular parcel is developed or altered in accordance with Town Law and state enabling statutes; and to advise the Zoning Board of Appeals[1] regarding area variance requests, use variance requests and special permit requests.
[1]
Editor's Note: For provisions relating to the Zoning Board of Appeals, see Ch. 73, Zoning, Art. VII.
[Added 6-1-2020 by L.L. No. 2-2020]
A. 
To establish and charge fees for and to issue special permits for any of the uses for which Chapter 73 of the Town Code requires the obtaining of such permits from the Planning Board; or for the extension of a building or use, as such existed at the time of the passage of this chapter, into a contiguous more restricted district for a distance not exceeding 30 feet, but not for any other use or purpose.
B. 
No such special permit shall be granted by the Planning Board unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any condition that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
C. 
The Planning Board, after public notice and hearing and on application, may issue a special permit for any use specified in § 73-12, provided that such special permit use complies with the general standards set forth as follows:
(1) 
Each special permit use must comply with the regulations of the chapter for the district within which it is to be located.
(2) 
Each special permit use shall be of such character, intensity, size and location that it will be in harmony with the orderly development of the district in which it is to be located.
(3) 
Each special permit use may be located only in the district or districts permitted for such special permit use.
D. 
In issuing a special permit, the Board shall impose any conditions which it deems necessary (e.g., wall fencing and landscaping) to protect the value of adjacent properties and provide orderly development of the surrounding area. The Board shall deny an application for a special permit which, in its judgment, is not in accordance with the general standards and would prove detrimental to adjacent properties.