Town of Cazenovia, NY Review Authorities

Appointment and terms.

The Planning Board shall consist of seven members appointed by the Town Board.

Successor Board members shall be appointed for the term of seven years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board.

Board composition. All members of the Planning Board shall be residents of the Town of Cazenovia and shall not be officers or employees of the Town or any of its agencies or departments.

Compensation. All members of the Planning Board may serve with compensation as determined by the Town Board and shall be entitled, to the extent of available funds appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties. Such expenses shall be approved by the Town Board prior to incurring same.

Vacancies. Permanent vacancies on the Planning Board shall be filled by the Town Board.

Mandatory training. All members of the Planning Board shall comply with the requirements of Town Board Resolution No. 40 of 2007 (passed on April 9, 2007), as may be amended from time to time.

(6)

Removal.

Any member of the Planning Board may be removed for cause by the Town Board 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 their 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 Town 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.

No member who has been removed for cause shall be reappointed.

(7)

Alternate members.

The position of alternate member of the Town of Cazenovia Planning Board is hereby established. There shall be two such alternate members appointed by the Town Board.

The alternate members of the Planning Board shall be subject to all the provisions of § 165-110 of the Code of the Town of Cazenovia, said rules and regulations which empower and regulate the eligibility of any member of the Planning Board.

(c)

The alternate members shall serve in the absence, unavailability or inability of a regular member of the Planning Board to serve. Copies of notices shall be sent to all members, including the alternate members. When a meeting of the Planning Board shall be duly noticed and called for discussion, if it shall become apparent that a regular member of the Planning Board will be unable to hear and deliberate upon an application, then an alternate member of the Planning Board, at the call of the Chairperson of said Board, shall be duly authorized to hear said application, to deliberate and to vote with full force and effect as if duly appointed a regular member of said Board.

(d)

All alternate members of the Planning Board of the Town of Cazenovia shall be appointed for a one-year term.

Chairperson and Vice Chairperson. The Town Board 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.

Planning Board Secretary and public record. The Planning Board Secretary shall attend all its proceedings and, upon request, the proceedings of any of its committees.

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.

The Town 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.

Voting procedures.

Quorum. As to any matter before the Planning Board, no business shall be transacted by the Board without four members of the Board being present. The concurring vote of at least four members shall be necessary for any action by the Board, subject to state law.

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.

Decisions.

Decisions. The Planning Board may rely on the personal knowledge of its members, testimony at the public hearings, on its inspections of the property and on 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.

Final decision. All decisions of the Planning Board shall occur 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 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 Town Clerk, whichever shall occur first.

Failure to act. In any case where this chapter provides 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. 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.

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 Town Clerk. However, any failure to provide such notice shall not affect such decision. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.

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.

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 any authorized officer, CEO or board of the Town in accordance with Article 78 of the New York Civil Practice Law and Rules.

Jurisdiction and authority. The Planning Board shall have the following jurisdiction and authority:

To review and recommend on matters relevant to the Comprehensive Plan.

When referrals are made to the Planning Board from the Zoning Board of Appeals, to hear, review and offer its recommendations to the Zoning Board of Appeals for special use permit approval and variances.

To hear, review and finally decide applications for site plan review and impose any limitations and/or conditions thereon (including, but not limited to, the provision for as-built drawings by a licensed New York State land surveyor) which, in the absolute discretion of the Planning Board, are necessary and reasonable.

[Amended 10-2-2017 by L.L. No. 3-2017]

To investigate and report its recommendations with respect to any proposed change or amendment in the Zoning Ordinance or regulations of said Town and to pass upon any other matters which may from time to time be referred to it by the Town Board or the Zoning Board of Appeals.

Such other powers and duties imposed and/or granted by law.

§ 165-111 Zoning Board of Appeals.

Membership.

Appointment and terms.

The Zoning Board of Appeals shall consist of five members appointed by the Town Board.

Successor Board members shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur, the Town Board shall appoint a successor, who shall serve for the unexpired portion of the term of his predecessor.

Board composition. All members of the Zoning Board of Appeals shall be residents of the Town of Cazenovia and shall not be officers or employees of the Town or any of its agencies or departments.

Compensation. All members of the Zoning Board of Appeals may serve with compensation as determined by the Town Board and shall be entitled, to the extent of available funds appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.

Vacancies. Permanent vacancies on the Zoning Board of Appeals shall be filled by the Town Board.

Mandatory training. All members of the Zoning Board of Appeals shall comply with the requirements of Town Board Resolution No. 40 of 2007 (passed on April 9, 2007), as may be amended from time to time.

(6)

Removal.

Any member of the Zoning Board of Appeals may be removed for cause by the Town Board 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]

[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.

No member who has been removed for cause shall be reappointed.

(7)

Alternate members.

The position of alternate member of the Town of Cazenovia Zoning Board of Appeals is hereby established. There shall be two such alternate members appointed by the Town Board.

The alternate members of the Zoning Board of Appeals shall be subject to all the provisions of § 165-111 of the Code of the Town of Cazenovia, said rules and regulations which empower and regulate the eligibility of any member of the Zoning Board of Appeals.

(c)

The alternate members shall serve in the absence, unavailability or inability of a regular member of the Zoning Board of Appeals to serve. Copies of notices shall be sent to all members, including the alternate members. When a meeting of the Zoning Board of Appeals shall be duly noticed and called for discussion, if it shall become apparent that a regular member of the Zoning Board of Appeals will be unable to hear and deliberate upon an application, then an alternate member of the Zoning Board of Appeals, at the call of the Chairperson of said Board, shall be duly authorized to hear said application, to deliberate and to vote with full force and effect as if duly appointed a regular member of said Board.

(d)

All alternate members of the Zoning Board of Appeals of the Town of Cazenovia shall be appointed for a one-year term.

Chairperson and Vice Chairperson. The Town Board 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.

Public record.

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.

The Town 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.

Voting procedures.

Quorum. As to any matter 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 three members shall be necessary for any action by the Board, subject to state law.

Hearings. All meetings and hearings of the Zoning Board of Appeals shall be open to the public.

Decisions.

Decisions. The Board may rely on the personal knowledge of its members, testimony at the public hearing, on its inspections of the property and on 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 any relief approved or work or use authorized.

Final decision. Decisions of the Zoning Board of Appeals shall first present findings and conclusions at a meeting open to the public and shall state any special circumstances or conditions. Decisions shall be final upon adoption of the minutes and/or resolution of the Board by a majority of the members and the filing of the minutes and/or resolution with the office of the Town Clerk, whichever occurs first.

Failure to act. In any case where this chapter 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. 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.

Notification of decision. Within five business days following the final decision of the Zoning Board of Appeals, the Town Clerk shall mail notice thereof to each person entitled to such notice and file such decision in the office of the Town Clerk. However, any failure to provide such notice shall not affect such decision. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.

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.

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 any authorized officer, CEO or board of the Town in accordance with Article 78 of the New York Civil Practice Law and Rules.

Jurisdiction and authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:

To hear and decide appeals from, and review orders, decisions or determinations made by, the CEO.

To approve and deny variances from the requirements of this chapter and impose any limitations and/or conditions thereon (including, but not limited to, the provision for as-built drawings by a licensed New York State land surveyor) which, in the absolute discretion of the Zoning Board of Appeals, are necessary and reasonable.

[Amended 10-2-2017 by L.L. No. 3-2017]

To hear, review and finally decide applications for special use permit approval and impose any limitations and/or conditions thereon (including, but not limited to, the provision for as-built drawings by a licensed New York State Land Surveyor) which, in the absolute discretion of the Zoning Board of Appeals, are necessary and reasonable.

[Amended 10-2-2017 by L.L. No. 3-2017]

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.

When it deems appropriate, in its sole discretion, to refer any application to the Planning Board for recommendation prior to making a final decision on such application.

§ 165-112 Codes Enforcement Officer.

Powers and duties. The CEO shall have the following powers and duties:

To submit an annual report to the Town Board listing all applications received, inspections made, referrals and action taken on each. Copies of this report shall be transmitted to the Zoning Board of Appeals and Planning Board at the same time.

To cause any plans, structures or premises to be examined or inspected to determine compliance with the provisions of this chapter. In the fulfillment of these duties, he or she shall be authorized to enter any premises or structure at a reasonable time and upon reasonable notice to determine whether or not the same is in violation of this chapter and may impose such reasonable conditions, including but not limited to the posting of securities, as may be deemed necessary to ensure compliance.

To provide the Zoning Board of Appeals, in writing, with all facts pertaining to the refusal to issue development permits and certificates when such information is requested by the Board; for denied development permits to provide, in writing, the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.

For violations of this chapter:

To notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it;

To order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures, or of illegal additions, alterations or structural changes; stop work or discontinuance of any illegal work being done; or

(c)

To take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.