Town of Manlius, NY
Onondaga County
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Table of Contents
Table of Contents
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare of the Town and its inhabitants.
A. 
Codes Enforcement Officer. The provisions of this chapter shall be administered and enforced by the Codes Enforcement Officer, who shall have the power to make inspections of buildings and premises necessary to carry out his or her duties in the enforcement of this chapter.
B. 
Duties. It shall be the duty of the Codes Enforcement Officer to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for use of Town or other officials. The Codes Enforcement Officer shall not issue a permit for the construction of any building or use of any property unless such building or use conforms with all other provisions of this chapter, Code, laws, ordinances, rules and regulations of the Town, the laws of the State of New York and such other political entity having jurisdiction over the subject matter.
A. 
No building or structure shall be erected, added to or structurally altered until a building permit has been issued by the Codes Enforcement Officer pursuant to Chapter 59, Building Construction and Fire Prevention. Sheds and playscapes under 100 square feet do not require a building permit, but must conform to setback requirements.
[Amended 12-13-2000 by Ord. No. 5-2000]
B. 
The Codes Enforcement Officer shall in no case grant any building permit for any building or structure which does not comply with the provisions of this chapter, and where approval of the Planning Board or the Board of Appeals is required, only upon written order of such Board.
A. 
No building or other structure hereafter erected, altered, extended, enlarged or restored shall be used or occupied or changed in use until the provisions of Chapter 59, Building Construction and Fire Prevention, rules and regulations of the Town, the laws of the State of New York and the ordinances, laws, rules and regulations of any other political entity having jurisdiction over the subject matter.
B. 
The use of a building or premises shall not be deemed to have changed because of temporary vacancy or change of ownership or tenancy.
A Board of Appeals is hereby established and shall have all the powers and duties in accordance with the provisions of the Town Law applicable thereto.
The Board of Appeals shall consist of five members appointed by the Town Board in accordance with § 267 of the Town Law.
Such Board of Appeals shall, consistent with the Town Law, determine its own rules and procedures, and all of its deliberations, resolutions and orders shall be in accordance therewith.
A. 
The Board shall have the power to review any order or decision of the Codes Enforcement Officer. However, when a proposed site plan or proposed special use permit contains one or more features which do not comply with this chapter, the Zoning Board may entertain an area variance application relating thereto, without the necessity of a determination of the Codes Enforcement Officer. When a proposed subdivision plat contains one or more lots which do not comply with this chapter, the Zoning Board may entertain an application for an area variance without the necessity of a decision or determination of the Codes Enforcement Officer. However, in reviewing a variance application for a subdivision, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance.
B. 
The Zoning Board of Appeals may, in a specific case and after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with their general purpose and intent in accordance with the provisions and standards of the Town Law.
[Amended 6-23-1993 by Ord. No. 5-1993]
[Added 8-12-2015 by L.L. No. 2-2015]
A. 
The Town Board of the Town of Manlius recognizes that many present-day development, planning, zoning and subdivision matters requiring Town Planning Board review require education, expertise and detailed review. A seven-member Planning Board provides the opportunity for more diverse geographical and experiential input to land use planning in the Town of Manlius.
B. 
In addition, although Town Law § 271 provides authority for appointment by the Town Board of a chairperson, recording secretary and professional consultants, no specific policies have previously been established by the Town of Manlius in this regard.
C. 
In order to address member illnesses, absences, conflicts of interest and the like, the Town Board may appoint by resolution up to two alternate member positions to serve not only in the case of a conflict of interest (as specifically permitted under Town Law § 271) but also to address situations where illness, incapacity or absence require that an alternate member serve.
D. 
The State of New York recognized the importance of both meeting attendance and training in Planning Board statute (§ 271 of the Town Law). Accordingly, it is also the purpose of this chapter to encourage Planning Board members to attend their respective Board meetings and to obtain training and education to enhance their ability to carry out their official duties. Last, it is the intention of the Town Board that specific written policies and procedures be established and applied by the Planning Board in order to promote fairness, uniformity and economy in administration.
[Added 8-12-2015 by L.L. No. 2-2015]
The Planning Board of the Town of Manlius establishes a Planning Board that shall hereafter be comprised of seven members upon the adoption of this section. All currently serving members terms shall expire as scheduled. Each and every decision previously made by the Planning Board remains, continues, and is hereby ratified and recognized as valid under the Code of the Town of Manlius and the laws of the State of New York.
[Added 8-12-2015 by L.L. No. 2-2015]
At the first meeting of each calendar year the Planning Board shall consider (or reconsider, as the case may be) the appointment of its Attorney, Engineer and Recording Secretary and may also consider, as applicable, the interim appointment or reappointment of an Acting Chairperson. Otherwise, annually at the Town Board's organizational meeting, or within 30 days thereafter, the Town Board shall appoint a Chairperson. Upon failure of the Town Board to appoint such Chairperson within 30 days of such organizational meeting, the Planning Board may designate the interim Acting Chairperson to serve for the remainder of the calendar year or until the Town Board makes such appointment, whichever date is earlier. All meetings of the Planning Board shall be held at the call of the Chairperson.
[Added 8-12-2015 by L.L. No. 2-2015]
The position of alternate Planning Board member is hereby established for the purposes of substituting for any Planning Board member unable to participate for any reason. Two such alternate Planning Board members may be appointed by, and for terms not to exceed five years as established by, the Town Board by resolution. Alternate Planning Board members shall actively serve upon appointment to the Planning Board, which appointment resolution shall include a finding that the requisite rationale exists and that the proposed alternate Planning Board member has expressed a willingness and ability to educate himself or herself on all proceedings prior to the date of appointment which he or she shall be required to consider.
[Added 8-12-2015 by L.L. No. 2-2015]
A. 
Each member (including alternate members) of the Planning Board shall be required to attend a minimum of 75% of Planning Board meetings held within a calendar year.
B. 
Each member of the Planning Board shall complete, at a minimum, four hours of training during each calendar year, designed to enable such members to more effectively carry out their duties. If the first year of a member's term does not include a complete calendar year, the Town Board, at the time of appointment, shall determine the number of hours of training required for such partial calendar year. Up to two hours of training received by a member in excess of four hours in any one calendar year may be carried over by the member into the succeeding year in order to meet the requirements herein. Such training shall be approved in advance by the Town Board and may include, but not be limited to, training provided by a municipality, regional, state or county planning federation, state agency, statewide municipal association or federation, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training. The cost of such seminars, workshops or continuing education courses or other types of training so designated shall be a Town charge. The Town Board, after discussion with the Chairperson of the Planning Board, shall each year designate and approve in advance such seminars, workshops, continuing education courses or other types of training which may be offered within a reasonable distance. The training required herein may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interests of the Town to do so.
C. 
No decision of a Planning Board shall be voided or declared invalid because of a failure to comply with this section.
D. 
To be eligible for reappointment to the Planning Board, a member shall have completed the training required herein and shall have attended the required percentage of meetings as provided herein. Noncompliance with either the training requirements or the attendance requirements shall be a proper cause for removal of a member.
E. 
The Town Board shall have full discretion and authority to decide whether or not to remove such member from the Planning Board for a failure to comply with the attendance or training requirements. The Town Board shall consider whatever factors it believes to be relevant in making the determination, including the reasons for the failure to obtain such training or for the absences from meetings, but the Town Board shall not be required to accept any proffered excuse or reason for nonattendance or reason for such failure or failures but shall act as it sees reasonably fit in light of the circumstances surrounding the cause or causes for removal. Removal of a member from office shall be preceded by delivery of a written notification of noncompliance, together with an offer of a public hearing on the matter.
[Added 8-12-2015 by L.L. No. 2-2015]
The Planning Board shall promulgate such specific written rules, regulations and procedures as are reasonably necessary to administer the duties and responsibilities delegated to it hereunder pursuant to statute, local law, ordinance or Town Board resolution. Pursuant to Town Law § 271, as may be amended from time to time, such rules, regulations and procedures promulgated by the Planning Board hereunder may be adopted only after public hearing and are subject to the provisions, including any restrictions, in this chapter and to final approval by the Town Board; and same shall thereafter become effective upon filing in the Town Clerk's office.
[Added 8-12-2015 by L.L. No. 2-2015]
The Planning Board is authorized with and to have and perform all duties and powers identified in Article 16 of the Town Law, including, without limitation, § 271, as it may from time to time be amended, subject to the provisions hereof.