This code shall be administered by a Code Enforcement Officer and the Code Enforcement Department, and all applications shall be submitted to that Department. A Code Enforcement Officer shall perform the following duties:
A. 
Keep records of applications for permits.
B. 
Keep record of all permits issued with a notation of all special conditions involved.
C. 
File and safely keep copies of all plans submitted and the same shall form a part of the records of their office and shall be available for use of the Town Board and other officials.
D. 
Provide interpretations of this code's requirements to the public. Whenever such interpretation is made in writing, a copy shall be filed with a Code Enforcement Officer.
E. 
Investigate violations of this chapter.
A. 
An applicant must obtain approvals in the following order:
(1) 
Zoning;
(2) 
Subdivision or (for planned developments) development concept plan;
(3) 
Site plan or (for planned developments) detailed plan; and
(4) 
Grading and building permits.
B. 
An applicant may concurrently file applications for the approvals listed in Subsection A. Subdivision, site plans, development concept plans and detailed plan approvals can be conditioned on receipt of required variances.
C. 
Any application which must be reviewed by the Planning Board prior to Town Board review shall be submitted directly to the Planning Board; no specific referral from the Town Board is required.
A. 
Establishment. To assist in the administration of this code and implementation of the Comprehensive Plan, a Planning Board is hereby established which shall consist of seven members appointed by the Town Board, none of whom shall hold any other public office in the Town or be members of the Town Board. The Town Board shall appoint one member Chairperson. Efforts will be made to ensure that qualified members of the Planning Board represent a variety of ethnic, professional and civic groups in the Town. Terms of membership shall be seven years. Members of the Planning Board, appointed in accordance with the provisions of this code as then in effect and in office when this code takes effect, shall continue to serve for the balance of the terms for which they were originally appointed.
B. 
Attendance. The Town Board may adopt attendance requirements for members of the Planning Board which shall be adhered to by all members of the Planning Board.
C. 
Training. Subject to the authorization of funding by the Town Board, members of the Planning Board shall attend training courses of no less than four hours per calendar year.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Powers and authorities. The Planning Board shall have full power and authority to make such investigations, maps and reports and recommendations relating to the planning and development of the Town or other matters as referred to said Board by the Town Board or this code. The Planning Board shall have the power to act on any matter on which the Planning Board is required or authorized to act by the provisions of the Town Code or any actions of the Town Board.
E. 
Referrals. Matters referred to the Planning Board by the Town Board shall be placed on the agenda for consideration and action at the first meeting of the Planning Board after such reference.
F. 
Use of experts. The Planning Board may, with the prior approval of the Town Board, have the power and authority to employ experts and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all the appropriation, if any, that may be made for such Board.
G. 
Quorum. A majority of the members of the Planning Board shall constitute a quorum for the transaction of business.
H. 
Meeting schedule. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings shall be open to the public, except for executive sessions held in accordance with the New York Open Meetings Laws.[2]
[2]
Editor's Note: See Public Officers Law § 100 et seq.
I. 
Annual meetings. The Planning Board shall hold its annual organization meeting at the regular meeting in January of each year. At the organization meeting, a Vice Chairperson shall be elected by a majority of the members present, to act only in the Chairperson's absence.
J. 
Duties of the Chairperson.
(1) 
The Chairperson shall preside at all meetings of the Board and shall have a vote upon all questions brought before the Board;
(2) 
The Chairperson shall sign all documents and correspondence of the Board; and
(3) 
In the event of the absence or illness of the Chairperson and Vice Chairperson, a temporary Chairperson shall preside and shall exercise all the authority vested in the Chairperson. This temporary Chairperson shall be the person on the Board with the greatest longevity on the Board. A resolution shall be passed appointing the person as the temporary Chairperson of the Planning Board.
K. 
Duties of the Recording Secretary.
(1) 
A Recording Secretary appointed by the Town Board shall be responsible for keeping minutes of all proceedings of the Board and shall see to the proper and correct filing of all books, papers and recommendations placed in the Board's care. The Recording Secretary shall relay to the Town Board all actions of the Planning Board and the reasons therefor as expressed by the members of the Planning Board, as required by this chapter; and
(2) 
The Recording Secretary shall be responsible for calling special meetings of the Board upon receiving a request from the Chairperson or a written request by a majority of the Board to call a special meeting. Special meetings shall be called by giving a written notice of said meeting to each Board member; the purpose of the meeting shall be outlined in the written notice. Said notice shall be mailed to the members of the Board and be postmarked at least 48 hours, excluding Saturdays, Sundays, and holidays, prior to the time of the meeting. Special meetings of the Board, as ordered by the Town Board, shall be the only exception to this requirement.
L. 
Rules of order.
(1) 
The Planning Board may by resolution adopt rules of procedure for its meetings. Such rules shall be comply with the Open Meetings Law.[3]
[3]
Editor's Note: See Public Officers Law § 100 et seq.
(2) 
Any member of the Board shall be allowed to call an "aye" or "nay" vote. Any member of the Planning Board who believes they have a conflict of interest on any matter on the Planning Board agenda shall voluntarily excuse themselves from discussion and voting on the matter.
(3) 
All resolutions brought before the Board shall be submitted to the Recording Secretary, in writing, and all communications to the Board or its officers shall be filed with the Recording Secretary.
M. 
Alternate Planning Board members.
[Added 3-3-2014 by L.L. No. 8-2014]
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Planning Board when a regular member is unable to participate on an application or matter before the Planning Board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Planning Board pursuant to the provisions of § 407-178 of the Town of Grand Island Code.
PLANNING BOARD
The Planning Board of the Town of Grand Island.
(2) 
Authorization/effect.
(a) 
The Town Board hereby enacts this subsection to provide a process for appointing alternate members of the Planning Board. These individuals would serve when members are absent or unable to participate on an application or matter before the Planning Board.
(b) 
Alternate members of the Planning Board could be appointed by the Town Board for a term of seven years.
(c) 
The chairperson of the Planning Board may designate an alternate member to substitute for a member when such member is absent or 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 the minutes of Planning Board meeting at which the substitution is made.
(d) 
All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office, and service on 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.
(3) 
Supersession of Town Law. This subsection is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 271(15) of the Town Law relating to the appointment of alternate members to town planning boards.
It shall be the responsibility of the Recording Secretary of the Planning Board and Zoning Board of Appeals to submit requests for review to the County Planning Department, whenever such review is required by state law. No Board shall approve any matter where the County Planning Department has recommended disapproval, except by a 3/4 super-majority vote, upon written findings by the Board why it was not following the recommendation of the County Planning Department.
A Code Enforcement Officer is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat, which is in violation of any provision of this code. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to comply with such order.
It shall be the duty of a Code Enforcement Officer, Town Engineer, Town Attorney, Town Prosecutor and other officials designated by the Town Board to enforce the regulations and restrictions provided by this code. All such officials are hereby authorized to take all steps necessary to enforce the provisions of this code, and any other building or use code adopted by the Town, to the fullest extent authorized by state and local law, including, but not limited to the issuance of cease and desist orders, stop-work orders, the filing of complaints and informations with the Town Court and other courts, and the initiation of any civil or criminal proceeding to enforce this code.
A. 
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
[Amended 10-15-2012 by L.L. No. 3-2012]
B. 
Any person who takes part in or assists in any violation of this code shall also be subject to the penalties provided herein.
C. 
Each week or a portion of a week that a violation of this code is committed or permitted to exist shall constitute a separate offense.
D. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used or any land is divided into lots, blocks or sites in violation of this code, any official authorized by the Town Board, in addition to any other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
No application shall be reviewed until it is complete. Whichever Board receives an application first, whether for purposes of review only or approval, it shall refuse to consider the application until complete.
When an application is returned to an applicant as incomplete, the time lines for review or approval in this code shall not commence until a complete application is received. All applications must be received no later than 10 working days prior to the meeting of the Board which will first review the application. For any application which is received less than 10 working days prior to said meeting, the application will be heard at the next following regularly scheduled meeting, and all time lines within this code for review, calling of public hearings and action upon the application shall be deemed to commence on the date of said next following regularly scheduled meeting.