The Board of Appeals shall have all the powers
and duties prescribed by Chapter 62, § 267 of the Town Law
of the State of New York and by this chapter which are more particularly
specified as follows:
A. Administrative review.
(1) The Board of Appeals shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision
or determination made by an administrative officer or body in the
enforcement of this chapter.
(2) The Board of Appeals may reverse or affirm wholly,
partly or may modify the order, requirement, decision or determination
appealed from and shall make such order, requirement, decision or
determination as in its opinion ought to be made, and to that end
shall have all the powers of the officer from whom the appeal is taken.
(3) The Board of Appeals shall hear and decide on interpretive
matters where the provisions of this chapter, including the determination
of exact district boundaries, are not clear.
B. Variances.
(1) The Board of Appeals is empowered to authorize, upon
appeal in specific cases, such variance from the terms of this chapter
as will not be contrary to the public interest where, owing to conditions
peculiar to the property, and not the result of the action of the
applicant, a literal enforcement of the provisions herein would result
in unnecessary hardship or practical difficulties.
(2) As used herein, a variance may be authorized for height,
area, size of structure, size of yards and open spaces or establishment
or expansion of a use otherwise prohibited.
(3) A variance shall not be granted solely because of
the presence of nonconformities in the zoning district or uses in
other zoning districts.
(4) In granting any variance, the Board of Appeals shall
prescribe any conditions that it deems to be necessary or desirable.
(5) Variances granted shall be the minimum which would
accomplish the purpose of providing for reasonable use of land or
buildings.
(6) Variances granted shall be in harmony with the general
purpose and intent of this chapter and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
The office of the Town Clerk shall be the office
of the Board of Appeals. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
§ 267 of the Town Law of the State of New York. The Board
of Appeals shall keep minutes of its proceedings, showing the vote,
indicating such fact, and shall keep records of its environmental
reviews and determination, its examinations and other official actions.
Any variance or modification of this chapter
authorized by the Board of Appeals shall be automatically revoked
unless a site development permit or building permit, conforming to
all the conditions and requirements established by the Board of Appeals,
is obtained within six months of the date of approval by the Board
of Appeals and construction commenced within one year of such date
of approval.
Failure to comply with any condition or restriction
prescribed by the Board of Appeals in approving any appeal for a variance
or a modification of regulations shall constitute a violation. Such
violation may constitute the basis for revocation of a variance or
modification or for imposing penalties and other applicable remedies.
The Planning Board shall have the following
powers and duties:
A. Said members are hereby vested with the powers and
duties and made subject to the limitations set forth in §§ 272,
272-a, 274, 274-a, 275, 276, 277, 278, and 281 of the Town Law, as
the same may be amended, modified or changed from time to time, or
any sections subsequently adopted pertaining to Planning Board.
B. To maintain, and from time to time update, the Master
or Comprehensive Plan for the development of the Town as provided
under § 272-a of Town Law.
C. To review development proposals; to approve or disapprove
the laying out, closing off, abandonment or changes in lines of streets,
highways and public areas; and to make recommendations to the Town
Board.
D. To make investigations and reports relating to the
planning and development of the town, including changes in boundaries
of districts, recommended changes in the provisions of this chapter
and to act on any matter lawfully referred to it by the Town Board.
E. To review, act on or provide advisory reports or applications
as specified by this chapter.
F. To review and approve, approve with modifications
or disapprove special use permits as specified in this chapter.
G. To review and approve, approve with modifications
or disapprove site plans, prepared to specifications set forth in
this chapter, showing the arrangement, layout and design of proposed
uses, buildings and/or structures shown on such plan.
The office of the Town Clerk shall be the office
of the Planning Board. Every rule, regulation, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall immediately be filed in said office as required by
the Town Law of the State of New York. The Planning Board shall keep
minutes of its proceedings, showing the vote indicating such fact,
and shall keep records of its environmental reviews and determination,
its examinations and other official actions.
[Added 4-23-2018 by L.L.
No. 3-2018; amended 6-25-2018 by L.L. No. 4-2018]
A. Applicability. This Article
IV, §
135-20.1, shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals.
B. Planning Board and Zoning Board of Appeals alternate members. It is the desire of the Planning Board and Zoning Board of Appeals to have a full complement of voting members at each meeting in which action is to be taken on an application. In any instance where a voting member of the Planning Board or Zoning Board of Appeals is absent or unable to participate on an application or matter before the Board for any reason, the use of an alternate member is hereby authorized pursuant to the provisions of this Article
IV, §
135-20.1. In promulgating this Article
IV, §
135-20.1, the Planning Board and Zoning Board of Appeals hope to keep their alternates informed and active in Town matters.
C. Definitions. As used in this Article
IV, §
135-20.1, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board who is utilized
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 provision
of the local law or ordinance which first established such Planning
Board or Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of East Bloomfield as established
by the Town Board, pursuant to the provisions of § 271 of
the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of East Bloomfield as established by the Town Board pursuant to Town Code Chapter
135, Article
IV, §
135-12.
D. Purpose, appointment and term; designation; duties and responsibilities.
(1)
The Town Board of the Town of East Bloomfield hereby enacts this Chapter
135, Article
IV, §
135-20.1, to provide a process for appointing alternate members to the Planning Board or Zoning Board of Appeals. These individuals would serve when member are absent or unable to participate on an application or matter before the respective Board.
(2)
Alternate members of the Zoning Board of Appeals shall be appointed
by the Town Board for terms of one year, with the terms to expire
on December 31 of each year. Alternate members of the Planning Board
shall be appointed by the Town Board for terms of one year, with the
terms to expire on December 31 of each year.
(3)
The Town Board may provide compensation to be paid to said alternate.
(4)
The Chairperson of the Planning Board or Zoning Board of Appeals
may designate an alternate to substitute for a member when such member
is absent or unable to participate on an application or matter before
the Board for any reason. 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 the
initial Planning Board meeting or Zoning Board of Appeals meeting
at which the substitution is made. The alternate member shall attend
all meetings of the Board while the matter is on an agenda and until
a decision on the application is determined.
(5)
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.
E. Supersession of Town Law. 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:
(1)
Section 271 of the Town Law relating to the appointment of members
to Town Planning Boards.
(2)
Section 267 of the Town Law relating to the appointment of members
to Town Zoning Boards of Appeals.
F. Severability clause. If any provisions of this Article
IV, §
135-20.1, are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the article shall remain in effect.
G. When effective. This article shall take effect immediately after
adoption by the Town Board of the Town of East Bloomfield.