The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Zoning Enforcement Officer, who
shall be appointed by the Town Board and receive compensation as the
Town Board shall determine.
The Town Board authorizes the appointment of a five- (or seven-)
member Planning Board as more fully described in Town Law § 271.
It shall be recommended that at least one member shall be a person
engaged in agricultural pursuits as defined in Town Law § 271,
Subsection 2. Terms of all Planning Board members shall be staggered
as the law requires.
The Town shall nominate a member of the Planning Board to serve
on the County Planning Board when vacancies occur. An alternate member
shall also be nominated by the Town Board and shall attend the County
Planning Board meetings on those dates when the full member cannot.
Final appointment to the County Planning Board is made by the County
Legislature.
All requests for variances shall be made to the ZBA after denial
of a building permit by the Zoning Enforcement Officer.
The granting of variances shall be principally for those seeking
an area variance. Use variances allow activities prohibited in the
zoning district, and such requests shall be carefully reviewed.
The Board shall fix a reasonable time for the hearing of appeals
not to exceed 60 days from date of ZBA receipt, or 90 days where cases
are referred to the County Planning Board, and shall give due notice
of the time met for the hearing to the applicant. Public notice shall
be by the publication of a notice in the official newspaper of the
Town pursuant to law, and shall briefly describe the nature of the
appeal and the time and place of the hearing.
The local board must send a copy of its final decision on a
county referral, and reasons for its decision to the County Planning
Board within seven days after the local decision is reached.