Village of Chittenango, NY
Madison County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Subdivision of land — See Ch. 125.
Zoning — See Ch. 148.
[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.