[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 10-10-1994 by L.L. No. 2-1994. Amendments
noted where applicable.]
When used in this chapter, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
A building permit issued by the Village of Waterloo, New
York.
The General Municipal Law of the State of New York, as it
may from time to time be amended.
A local law of the Village of Waterloo, New York.
An ordinance of the Village of Waterloo, New York.
The Planning Board of the Village of Waterloo, New York.
Article 8 of the Environmental Conservation Law of the State
of New York.
The Village Law of the State of New York, as it may from
time to time be amended.
The Zoning Law of the Village of Waterloo, New York.[2]
The Zoning Board of Appeals of the Village of Waterloo, New
York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The Board
of Trustees, pursuant to § 7-718 of the Village Law, hereby
creates a Planning Board consisting of five members. Members and the
Chairperson of such Planning Board shall be appointed by the Mayor
subject to the approval of the Board of Trustees. In the absence of
a Chairperson, the Planning Board may designate a member to serve
as Chairperson. The members of said Planning Board shall serve without
compensation. Planning Board members shall complete training and continuing
education courses in accordance with any local requirements for the
training of such members. Members of the Planning Board shall attend
at least 80% of the meetings of the Planning Board.
B.
Alternate
members.
(1)
The
Board of Trustees may establish alternate Planning Board member positions
for purposes of substituting for a member in the event such member
is unable to participate because of a conflict of interest. Alternate
members of the Planning Board shall be appointed by the Mayor, subject
to the approval of the Board of Trustees, for terms established by
the Board of Trustees.
(2)
The
Chairperson of the Planning Board may designate an alternate member
to substitute for a member when such member is unable to participate
because of a conflict of interest 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 the initial Planning
Board meeting at which the substitution is made.
The Village Board shall annually make such appropriation
as it may see fit for Planning Board expenses. The Planning Board
shall have the power and authority to employ experts, clerks and a
secretary and to pay for their services and to provide for such other
expenses as may be necessary and proper, not exceeding in all the
annual appropriation that may be made therefor by the Village Board
for such Planning Board.
No person who is a member of the Village Board
of Trustees shall be eligible for membership on such Planning Board.
The terms of members of the Planning Board first
appointed shall be so fixed that the term of one member shall expire
at the end of the Village official year in which such members were
initially appointed. The terms of the remaining members first appointed
shall be so fixed that one term shall expire at the end of each official
year thereafter. At the expiration of the term of each member first
appointed, his or her successor shall be appointed for a term which
shall be equal in years to the number of members of the Board.
If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired
term, subject to the approval of the Village Board.
The Mayor shall have the power to remove, after
public hearing, any member of the Planning Board for cause. Any Planning
Board member may be removed for noncompliance with minimum requirements
relating to meeting attendance and training as established by the
Village Board by this chapter or any other applicable local law.
All meetings of the Planning Board shall be
held at the call of the Chairperson and at such other times as such
Board may determine. Such Chairperson or, in his or her absence, the
Acting Chairperson may administer oaths and compel the attendance
of witnesses.
No person shall be disqualified from serving
as a member of the Village Planning Board by reason of serving as
a member of the Town or County Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Planning Board may recommend to the Village
Board regulations relating to any subject matter over which the Planning
Board has jurisdiction under Article 7 of the Village Law or any other
statute or under any ordinance or local law of the Village. Adoption
of any such recommendations by the Village Board shall be by local
law.
[Amended 7-12-1999 by L.L. No. 3-1999]
A.
The Village Board may, by resolution, provide for the reference of any matter or class of matters, other than those referred to in § 40-10 of this chapter, to the Planning Board before final action is taken thereon by the Village Board or other office or officer of said Village having final authority over said matter. The Village Board may further stipulate that final action thereon shall not be taken until the Planning Board has submitted its report thereon or has had a reasonable time, to be fixed by the Village Board in said resolution, to submit the report.
B.
The Planning Board may review and make recommendations
on a proposed Village Comprehensive Plan or amendment thereto. In
addition, the Planning Board shall have the full power and authority
to make such investigations, maps, reports and recommendations in
connection therewith relating to the planning and development of the
Village as it seems desirable, provided that the total expenditures
of said Board shall not exceed the annual appropriation provided therefor.
The Village Board may refer any application
for a building permit to the Planning Board for review under this
section. In such cases, the applicant shall be notified of such referral
and shall be required to submit to the Planning Board a site plan
as hereinafter provided.
A.
Definition of site plan. As used in this section,
the term "site plan" shall mean a rendering, drawing or sketch prepared
to specifications and containing necessary elements, as set forth
in the Village Zoning Law, which shows the arrangement, layout and
design of the proposed use of a single parcel of land as shown on
said plan.
B.
Approval of site plans. The Planning Board is hereby
authorized to review and approve, approve with modifications or disapprove
site plans prepared to specifications set forth in the Village Zoning
Law, in Village ordinances, in Village local laws and in the regulations
of such Planning Board. Site plans shall show the arrangement, layout
and design of the proposed use of the land on said plan. The required
site plan elements may include, where appropriate, those related to
parking, means of access, screening, signs, landscaping, architectural
features, location and dimensions of buildings, adjacent land uses
and physical features meant to protect adjacent land uses, as well
as any additional elements specified by the Planning Board. No building
permit shall be issued except upon such approval. The terms of such
approval shall condition the issuance of any building permit, and
failure to comply with the terms of such approval shall be grounds
to revoke the building permit.
C.
Application for area variance. Notwithstanding any
provisions of law to the contrary, where a proposed site plan contains
one or more features which do not comply with the Village Zoning Law,
application may be made to the Zoning Board of Appeals for an area
variance without the necessity of a decision or determination of an
administrative official charged with the enforcement of the zoning
regulations.
D.
Conditions attached to the approval of site plans.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of a building
permit.
E.
Waiver of conditions. The Planning Board may, when
reasonable, waive any requirements for the approval, approval with
modifications or disapproval of site plans submitted for approval.
Any such waiver may be exercised in the event that any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or are found to be inappropriate to a particular
site plan.
F.
Public hearing and decision on site plans. The Planning
Board shall conduct a public hearing within 62 days from the day an
application is received on any matter referred to it under this section.
The Planning Board shall mail notice of said hearing to the applicant
at least 10 days before such hearing and shall give public notice
of said hearing in a newspaper of general circulation in the Village
at least five days prior to the date thereof and shall make a decision
on the application within 62 days after such hearing. The time within
which the Planning Board must render its decision may be extended
by mutual consent of the applicant and such Board. The decision of
the Planning Board shall be filed in the office of the Village Clerk-Treasurer
and a copy thereof mailed to the applicant within five days from the
date it is rendered.
G.
Notice to other planning agencies. At least 10 days
before such hearing, the Planning Board shall mail notices thereof
to the other planning agencies, as required by § 239-m of
the General Municipal Law, which notice shall be accompanied by a
full statement of the matter under consideration, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
H.
Compliance with the State Environmental Quality Review
Act. The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in 6
NYCRR 617.
I.
Court review. The decision of the Planning Board shall
be reviewable pursuant to § 7-725-a of the Village Law.
