[Added 12-2-2008 by L.L. No. 5-2008[1]]
A.
Membership.
(1)
Appointment and terms.
(a)
The Planning Board shall consist of five members
appointed by the Village Board of Trustees. In addition, the Village
Board of Trustees may appoint up to two alternate members to the Planning
Board.
(b)
Successors shall be appointed for the term of
five years from and after the expiration of the terms of their predecessors
in office. Of the alternate members of the Board first appointed,
one shall be appointed for a term of one year and one for a term of
two years, and all successors shall be appointed for a term of two
years. If a vacancy shall occur otherwise than by expiration of term,
it shall be filled by the Village Board, which shall appoint the alternate
member with the longest tenure for the unexpired term.
(c)
All provisions of state law related to Planning
Board member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law/ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
(2)
Board composition. All members and alternates of the
Planning Board shall be residents of the Village of Phoenix and shall
not be officers or employees of the Village or any of its agencies
or departments.
(3)
Compensation. All members of the Planning Board, including
alternates, may serve with compensation as determined by the Village
Board of Trustees and shall be entitled, to the extent of available
funds appropriated, to reimbursement for reasonable expenses necessarily
incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Planning Board
shall be filled by the Village Board of Trustees.
(5)
Removal.
(a)
Any member of the Planning Board may be removed
for cause by the Village Board of Trustees at any time; provided,
however, that before any such removal, such member shall be given
an opportunity to be heard in his or her own defense at a public meeting.
Cause for removal of a member may include one or more of the following:
[1]
Any undisclosed or unlawful conflict of interest.
[2]
Any violation of the codes, ordinances or rules
applicable to the member's performance of his or her duties.
[3]
Any unwillingness or inability to carry out
his or her duties in a prompt, conscientious and competent manner.
[4]
Any conduct tending to cast doubt upon the integrity
or objectivity of the member in performing his or her duties or any
other specific conduct of the member found by the Village Board to
be detrimental to the proper functioning of the Board.
[5]
Members may be removed from the Planning Board
if they miss 33% of the meetings during the course of one calendar
year, miss three consecutive meetings or do not meet their mandatory
training requirements.
(b)
No member who has been removed for cause shall
be reappointed.
B.
Chairperson and Vice Chairperson. The Village Board
of Trustees shall appoint one of the Planning Board members as Chairperson,
to preside at all meetings and hearings and to fulfill the customary
functions of that office. The Chairperson shall annually appoint one
of his members as Vice Chairperson. In the absence of the Chairperson,
the Vice Chairperson shall act as Chairperson and shall have all the
powers of the Chairperson. The Vice Chairperson shall have such other
powers and duties as may from time to time be provided by the rules
of the Board.
C.
Planning Board Secretary and public record.
(1)
The Planning Board Secretary shall attend all its
proceedings and, upon request, the proceedings of any of its committees.
(2)
The Secretary shall provide for the keeping of minutes
of the proceedings of the Board, showing the vote of each member upon
every question, or, if absent or failing to vote, indicating such
fact, and shall maintain all state-mandated permanent records of Board
meetings, hearings and proceedings and all correspondence of the Board.
(3)
The Village Clerk shall provide for keeping a file
of all records of the Board, and such records shall be public records
open to inspection at reasonable times and upon reasonable notice.
D.
Voting procedures.
(1)
Quorum. As to any matter requiring a hearing before
the Planning Board, no business shall be transacted by the Board without
three members of the Board being present. The concurring vote of at
least three members shall be necessary for any action by the Board.
(2)
Substitutions; alternates. The Chairperson of the Planning Board may designate an alternate to substitute for a member when such member is unavailable or unable to participate on an application or matter before the Board. When so designated, the alternate member shall be, as required at by Subsection D(4), informed relative to the record in any proceeding pending before the Board and, accordingly, shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the Planning Board meeting at which the substitution is made.
(3)
Deliberation. As to any matter not requiring a hearing,
the Planning Board may meet and deliberate at any properly called
meeting regardless of the presence of a quorum or may continue consideration
of such matter to any later meeting. However, no final action shall
be taken on any such matter without a quorum.
(4)
Voting. A member absent from any portion of a hearing
or meeting shall be qualified to vote at a subsequent hearing or meeting
upon the matter heard, provided he or she has fully informed himself
or herself of the essential facts and issues of the matter being heard
so as to be able to cast an informed and independent vote.
E.
Meetings, hearings and rules of order.
(1)
Meetings. Regular meetings of the Planning Board shall
be held as provided for in the Planning Board bylaws. Special meetings
may be called by the Chairperson upon five days' notice.
(2)
Hearings. All meetings and hearings of the Planning
Board shall be open to the public.
(3)
Rules of order. The Planning Board shall follow the
rules and procedures for meetings as provided for herein and in bylaws
adopted by the Planning Board.
F.
Planning Board bylaws or rules. The Planning Board
shall prepare and adopt bylaws and/or rules from time to time, including
those that address design guidelines, public input procedures, administrative
procedures and the development review process. Such bylaws shall be
adopted by resolution following a public hearing by the Planning Board
and following approval by resolution of the Village Board.
G.
Record and decisions.
(2)
Decisions. The Planning Board may rely on the personal
knowledge of its members, testimony at the public hearings, its inspections
of the property and any reports available to it. Every decision of
the Planning Board shall be by resolution and shall expressly set
forth any limitations or conditions imposed or use authorized.
(3)
Final decision. Decisions of the Planning Board shall
include findings and conclusions at a meeting open to the public and
shall state any special circumstances or conditions. Decisions of
the Board shall be final upon adoption of the minutes and/or resolution
of the Planning Board by a majority of the members of the Planning
Board and the filing of the minutes and/or resolution with the Office
of the Village Clerk.
(4)
Failure to act.
(a)
In any case where this chapter or other provisions
of applicable law provide that the failure of the Planning Board to
act within a fixed period shall be deemed a denial of an application,
such failure shall, notwithstanding the absence of required findings
and conclusions, be considered to be a decision of the Board rendered
on the day following the expiration of such fixed period. Such a decision
may be appealed in the same manner as any other decision but, on such
appeal, shall be entitled to no presumption of correctness.
(b)
Where no decision is made by the Planning Board
and the time period for rendering a decision has not expired, the
action will be placed on the agenda of the next scheduled regular
or special meeting.
(5)
Notification of decision. Within five business days
following the final decision on such applications, the Secretary shall
mail notice thereof to each person entitled to such notice and file
such decision in the Office of the Village Clerk. As to other matters
brought before the Board, the Board shall prepare such report as it
shall deem appropriate to the subject matter.
H.
Conflicts. No member of the Planning Board shall participate
in the hearing or disposition of any matter in which he or she has
an economic interest. Any conflict of interest prohibited by Article
18 of the General Municipal Law shall disqualify a member.
I.
Appeals. An appeal from any final decision of the
Planning Board may be taken within 30 days of the filing of such decision
by any person aggrieved or by an authorized officer or board of the
Village in accordance with Article 78 of the New York Civil Practice
Law and Rules.
J.
Jurisdiction and authority. The Planning Board shall
have the following jurisdiction and authority:
(1)
To review and recommend on matters relevant to the
Comprehensive Plan.
(2)
To hear, review and offer its recommendations to the Zoning Board of Appeals for special use permit approval, subject to the provisions of § 205-32.
(4)
Upon referral by the Village Board, to investigate
and report its recommendations with respect to any proposed change
or amendment in the zoning law or regulations of the Village of Phoenix
and to pass upon any other matters which may from time to time be
referred to it by the Village Board of Trustees.
[1]
Editor's Note: This local law also repealed
former § 205-30, Site plan review.
A.
The Code Enforcement Officer shall administer and
enforce the provisions of this chapter. Said Code Enforcement Officer
shall have exclusive authority to grant building and use permits,
subject to such procedure and appeal action as is hereinafter provided.
B.
No building or structure in the village shall be erected, relocated, altered, reconstructed, extended or enlarged and no premises shall be used of occupied for any purpose without a permit issued therefor by the Code Enforcement Officer in accordance with the provisions of this chapter, Chapter 98, Fire Prevention and Building Construction, of the Code of the Village of Phoenix and the New York State Uniform Fire Prevention and Building Code.
[Amended 12-2-2008 by L.L. No. 5-2008]
A.
Membership.
(1)
Appointment and terms.
(a)
The Zoning Board of Appeals shall consist of
five members appointed by the Village Board of Trustees. In addition,
the Village Board of Trustees may appoint up to two alternate members
to the Zoning Board of Appeals.
(b)
Successors shall be appointed for the term of
five years from and after the expiration of the terms of their predecessors
in office. Of the alternate members of the Board first appointed,
one shall be appointed for a term of one year and one for a term of
two years, and all successors shall be appointed for a term of two
years. If a vacancy shall occur otherwise than by expiration of term,
it shall be filled by the Village Board, which shall appoint the alternate
member with the longest tenure for the unexpired term.
(c)
All provisions of state law related to Zoning
Board member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law/ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
(2)
Board composition. All members and alternates of the
Zoning Board of Appeals shall be residents of the Village of Phoenix
and shall not be officers or employees of the Village or any of its
agencies or departments.
(3)
Compensation. All members of the Zoning Board of Appeals,
including alternates, may serve with compensation as determined by
the Village Board of Trustees and shall be entitled, to the extent
of available funds appropriated, to reimbursement for reasonable expenses
necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Zoning Board
of Appeals shall be filled by the Village Board of Trustees.
(5)
Removal.
(a)
Any member of the Zoning Board of Appeals may
be removed for cause by the Village Board of Trustees at any time;
provided, however, that before any such removal, such member shall
be given an opportunity to be heard in his or her own defense at a
public meeting. Cause for removal of a member may include one or more
of the following:
[1]
Any undisclosed or unlawful conflict of interest.
[2]
Any violation of the codes, ordinances or rules
applicable to the member's performance of his or her duties.
[3]
Any unwillingness or inability to carry out
his or her duties in a prompt, conscientious and competent manner.
[4]
Any conduct tending to cast doubt upon the integrity
or objectivity of the member in performing his or her duties or any
other specific conduct of the member found by the Village Board to
be detrimental to the proper functioning of the Board.
[5]
Members may be removed from the Zoning Board
of Appeals if they miss 33% of the meetings during the course of one
calendar year, miss three consecutive meetings or do not meet their
mandatory training requirements.
(b)
No member who has been removed for cause shall
be reappointed.
B.
Chairperson and Vice Chairperson. The Village Board
of Trustees shall appoint one of the Zoning Board of Appeals members
as Chairperson, to preside at all meetings and hearings and to fulfill
the customary functions of that office. The Chairperson shall annually
appoint one of his members as Vice Chairperson. In the absence of
the Chairperson, the Vice Chairperson shall act as Chairperson and
shall have all the powers of the Chairperson. The Vice Chairperson
shall have such other powers and duties as may from time to time be
provided by the rules of the Board.
C.
Public record.
(1)
The Zoning Board of Appeals shall provide for the
keeping of the record of the proceedings of the Board, showing the
vote of each member upon every question, or, if absent or failing
to vote, indicating such fact.
(2)
The Village Clerk shall provide for keeping a file
of all records of the Board, and such records shall be public records
open to inspection at reasonable times and upon reasonable notice.
D.
Voting procedures.
(1)
Quorum. As to any matter requiring a hearing before
the Zoning Board of Appeals, no business shall be transacted by the
Board without three members of the Board being present. The concurring
vote of at least three members shall be necessary for any action by
the Board.
(2)
Substitutions; alternates. The Chairperson of the Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unavailable or unable to participate on an application or matter before the Board. When so designated, the alternate member shall be, as required at by Subsection D(4), informed relative to the record in any proceeding pending before the Board and, accordingly, shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the Zoning Board of Appeals meeting at which the substitution is made.
(3)
Deliberation. As to any matter not requiring a hearing,
the Zoning Board of Appeals may meet and deliberate at any properly
called meeting regardless of the presence of a quorum or may continue
consideration of such matter to any later meeting. However, no final
action shall be taken on any such matter without a quorum.
(4)
Voting. A member absent from any portion of a hearing
or meeting shall be qualified to vote at a subsequent hearing or meeting
upon the matter heard, provided he or she has fully informed himself
or herself of the essential facts and issues of the matter being heard
so as to be able to cast an informed and independent vote.
E.
Meetings, hearings and rules of order.
(1)
Meetings. Regular meetings of the Zoning Board of
Appeals shall be held as provided for in the Zoning Board of Appeals
bylaws. Special meetings may be called by the Chairperson upon five
days' notice.
(2)
Hearings. All meetings and hearings of the Zoning
Board of Appeals shall be open to the public.
(3)
Rules of order. The Zoning Board of Appeals shall
follow the rules and procedures for meetings as provided for herein
and in bylaws adopted by the Zoning Board of Appeals.
F.
Zoning Board of Appeals bylaws or rules. The Zoning
Board of Appeals may prepare and adopt bylaws and/or rules from time
to time, including those that address design guidelines, public input
procedures, administrative procedures and development review process.
Such bylaws shall be adopted by resolution following a public hearing
by the Zoning Board of Appeals and following approval by resolution
of the Village Board.
G.
Record and decisions.
(2)
Decisions. The Zoning Board of Appeals may rely on
the personal knowledge of its members, testimony at the public hearings,
its inspections of the property and any reports available to it. Every
decision of the Zoning Board of Appeals shall be by resolution and
shall expressly set forth any limitations or conditions imposed or
use authorized.
(3)
Final decision. Decisions of the Zoning Board of Appeals
shall include findings and conclusions at a meeting open to the public
and shall state any special circumstances or conditions. Decisions
of the Board shall be final upon adoption of the minutes and/or resolution
of the Zoning Board of Appeals by a majority of the members of the
Zoning Board of Appeals and the filing of the minutes and/or resolution
with the Office of the Village Clerk.
(4)
Failure to act.
(a)
In any case where this chapter or other provisions
of applicable law provides that the failure of the Zoning Board of
Appeals to act within a fixed period shall be deemed a denial of an
application, such failure shall, notwithstanding the absence of required
findings and conclusions, be considered to be a decision of the Board
rendered on the day following the expiration of such fixed period.
Such a decision may be appealed in the same manner as any other decision
but, on such appeal, shall be entitled to no presumption of correctness.
(b)
Where no decision is made by the Zoning Board
of Appeals and the time period for rendering a decision has not expired,
the action will be placed on the agenda of the next scheduled regular
or special meeting.
(5)
Notification of decision. Within five business days
following the final decision on such applications, the Secretary shall
mail notice thereof to each person entitled to such notice and file
such decision in the Office of the Village Clerk. As to other matters
brought before the Board, the Board shall prepare such report as it
shall deem appropriate to the subject matter.
H.
Conflicts. No member of the Zoning Board of Appeals
shall participate in the hearing or disposition of any matter in which
he or she has an economic interest. Any conflict of interest prohibited
by Article 18 of the General Municipal Law shall disqualify a member.
I.
Appeals. An appeal from any final decision of the
Zoning Board of Appeals may be taken within 30 days of the filing
of such decision by any person aggrieved or by an authorized officer
or board of the Village in accordance with Article 78 of the New York
Civil Practice Law and Rules.
J.
Jurisdiction and authority. The Zoning Board of Appeals
shall have the following jurisdiction and authority:[1]
(1)
To hear and decide appeals from, and review orders,
decisions or determinations made by, the Department.
(2)
To approve or deny variances from the requirements
of this chapter.
(3)
To hear, review and finally decide applications for
special permit approval.
(4)
To reverse or affirm, wholly or partly, or modify
the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determination as in its opinion ought to have been made in the
matter by the administrative official charged with the enforcement
of such ordinance or local law and to that end shall have all the
powers of the administrative official from whose order, requirement,
decision, interpretation or determination the appeal is taken.
[1]
Editor’s Note: Local Law No. 3-2012, adopted 6-5-2012, provided that this section be amended to provide for reservation of special permit and site plan review jurisdiction under § 205-24.1 only in the Village Board, removal of any such authority from the Planning Board and Zoning Board of Appeals, and, however, requiring review and advisory recommendation by the Planning Board in relation to the site plan component thereof. See § 205-24.1B(3).
A.
Any person, firm or corporation who or which shall
erect or alter any building or use in any building, structure or premises
for any purpose without first having obtained the permit or consent
herein provided for or who or which shall otherwise not comply with
the provisions of this chapter shall be guilty of the violation of
this chapter and, upon conviction thereof, shall be liable to a fine
or penalty of not more than $250.
B.
Each day that a violation is permitted to exist shall
constitute a separate offense.
This chapter shall not be construed as abating
any action now pending under or by virtue of Local Law No. 1-1990,
as amended to date; or as discontinuing, abating, modifying or altering
any penalty accruing or to accrue; or as affecting the liability of
any person, firm or corporation; or as waiving any right of the village
under any section or provision existing at the time of the enactment
of this chapter; or as vacating or annulling any rights obtained by
any person, firm or corporation by lawful action of the village.
The local law enacting this chapter supersedes
§§ 7-706 and 7-708 of the New York State Village Law.
If any part or provision of this chapter or
the application thereof to any person or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances. The Board of Trustees hereby declares that
it would have enacted the remainder of this chapter even without any
such part, provision or application.
