Town of Thompson, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Thompson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and councils — See Ch. 7.
Zoning and planned unit development — See Ch. 250.
Subdivision of land — See Ch. 255.
[Adopted 7-21-1981 by L.L. No. 6-1981; amended in its entirety 10-21-2003 by L.L. No. 7-2003 (Ch. 52, Art. I, of the 2003 Code)]
All fees as specified by this article shall be paid to the Planning Board/Zoning Board of Appeals Clerk of the Town of Thompson simultaneously with the filing of the application for site plan review or variance and the inclusion of the same upon the appropriate Board's agenda.
The fees for the Zoning Board of Appeals shall be paid as follows:
A. 
Application to the Zoning Board of Appeals: as set by resolution of the Town Board.
B. 
Conduct of a public hearing by the Zoning Board of Appeals: as set by resolution of the Town Board per public hearing or actual costs of advertising and publication, whichever is greater.
C. 
Consultant costs. The applicant shall be required to pay all costs for planning, legal, engineering or other consultants required by the Zoning Board of Appeals in review of the application. In its discretion, the Board may require the applicant to post a deposit with the Town to cover the expenses anticipated in connection with said review. The Board may make such arrangements as are appropriate with each applicant on a case-by-case basis for the posting of said deposit. Any moneys which are not actually expended by the Board in the review as provided herein shall be refunded to the applicant.
D. 
Final approval shall not be granted and the seal of the Zoning Board of Appeals shall not be affixed to any final document unless and until all required fees have been paid.
A. 
Application and submittal review fees shall be as set by resolution of the Town Board.
B. 
Special meeting. In the event that the applicant shall request that the Planning Board hold an additional meeting, other than a regular scheduled meeting, then the Board may, in its discretion, conduct said special meeting, and the applicant shall pay a charge as set by resolution of the Town Board for each additional meeting so requested and held.
C. 
Publication costs. The applicant shall pay the publication cost for the conducting of a public hearing by the Planning Board.
D. 
Consultant costs. The applicant shall be required to pay all costs for planning, legal, engineering or other consultants required by the Planning Board in review of the application. The Planning Board shall require the applicant to post a deposit with the Town to cover the expenses anticipated in connection with said review. Any moneys which are not actually expended by the Board in the review as provided herein shall be refunded to the applicant.
E. 
Pursuant to the findings in the Town of Thompson Parks and Recreation Study, which was adopted by the Town Board on June 20, 2017, there is a concrete need for additional parks and recreation facilities to support future recreational demands: new residential developments that will contribute to the population growth, whether year round or seasonal, will create a demand for parks and recreational facilities in addition to those that exist presently. New residential development should be reviewed by the Planning Board on an individualized basis to determine if suitable park and/or recreational facilities of adequate size to meet the demands of the new population associated with the development can be located on the site of the new development. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any plat showing lots, blocks or sites pursuant to Town Law § 277, Subdivision 4, or any site plan pursuant to Town Law § 274-a, Subdivision 6, or is otherwise not practical, the Planning Board shall require, as a condition of approval of any such plat, payment to the Town of a sum of money in lieu of park land on site. Any monies required by the Planning Board in lieu of land for parks, playground, or other recreational purposes shall be deposited in a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including acquisition of property. The fee for same shall be consistent with parkland fees as set in Article XI of Chapter 250 of the Town Code.
[Amended 12-20-2016 by L.L. No. 8-2016; 12-19-2017 by L.L. No. 7-2017]
F. 
Final approval shall not be granted and the stamp of the Planning Board shall not be affixed to any final documents unless and until all required fees have been paid.
[Adopted 8-3-1999 by L.L. No. 9-1999 (Ch. 52, Art. II, of the 2003 Code)]
This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Thompson.
It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or on extended vacation or find they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required time lines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Board.[1]
[1]
Editor's Note: The definitions of "Planning Board" and "Zoning Board of Appeals," which immediately followed this definition, were repealed 10-21-2003 by L.L. No. 7-2003. See now Ch. 1, Art. III, Terminology.
A. 
The Town Board of Thompson hereby enacts this article to provide a process for appointing alternate members of the Planning Board and Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective board.
B. 
Alternate members of the Planning Board and Zoning Board of Appeals may be appointed by the Town Board or other duly authorized appointing authority for a term of three years, with the terms to expire on December 31 of the third year after the date of their appointment.
C. 
The Chairperson of the Planning Board or Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into minutes of the initial Board meeting at which the substitution is made.
D. 
All provisions of state law relating to Planning Board or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
[Added 6-1-2010 by L.L. No. 5-2010]
A. 
All members or alternate members appointed by the Town Board to the Planning and Zoning Boards shall regularly attend all meetings as scheduled.
B. 
The failure of any member or alternate member to attend 75% of the scheduled meetings in a calendar year shall be cause for his or her removal from the Planning or Zoning Boards for noncompliance with the minimum requirements relating to meeting attendance.
C. 
Any member or alternate member who does not meet the minimum attendance requirements may be removed by the Town Board for cause. Said members shall be entitled to a hearing before the Town Board, at their request, prior to said removal. The Board may use its discretion to strictly construe the attendance requirement should it choose, or may find good cause to excuse certain absences in determining whether to remove any members of the Planning or Zoning Boards under this section.
D. 
This section is hereby adopted in conjunction with Town Law § 267, Subdivision 9, and Town Law § 271, Subdivision 9.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:
A. 
Section 271 of the Town Law relating to the appointment of members to Town Planning Boards, except as provided in § 66-8; and/or
B. 
Section 267 of the Town Law relating to the appointment of members to Town Zoning Boards of Appeal, except as provided in § 66-8.