[HISTORY: Adopted by the Board of Trustees of the Village
of Hammondsport as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Defense and indemnification of officers and employees — See Ch. 7.
[Adopted 7-13-2010 by L.L. No. 3-2010]
The title of this article is "Alternate Planning Board and Zoning
Board of Appeals Members Act." This article shall apply to the appointment,
terms, functions and powers of alternate members appointed to serve
on the Planning Board and Zoning Board of Appeals in the Village of
Hammondsport.
It is sometimes difficult to maintain a quorum on the Planning
Board and Zoning Board of Appeals, because members are ill, on extended
vacation, have work-related conflicts or find they have a conflict
of interest situation on a specific matter before such Board. In such
instances, official business cannot be conducted which may delay or
impede adherence to required timelines. The use of alternate members
in such instances is hereby authorized pursuant to the provisions
of this article.
As used in this article, the following terms shall have the
meaning indicated:
An individual appointed by the Village Board of Trustees
to serve on the Village Planning Board and Zoning Board of Appeals
when a regular member is unable to participate on an application or
matter before the respective Board, as provided herein.
An individual appointed by the Village Board of Trustees
to serve on the Village Planning Board or Zoning Board of Appeals.
The Planning Board of the Village of Hammondsport as established
by the Village Board of Trustees pursuant to resolution dated July
26, 1977.
The Zoning Board of Appeals of the Village of Hammondsport as established by the Village Board of Trustees under § 122-45 of the Village Code.
A.
The
Hammondsport Village Board of Trustees hereby enacts this article
to provide a process for appointing alternate members of the Planning
Board and Zoning Board of Appeals. These individuals would serve when
members are absent or unable to participate on an application or matter
before the respective Board.
B.
Alternate
members of the Planning Board and Zoning Board of Appeals shall be
appointed by the Village Board of Trustees or other duly authorized
appointing authority for a term of five years.
C.
The
chairperson of the Planning Board and Zoning Board of Appeals may
designate an alternate to substitute for a member when such member
is unable to participate 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 and
Zoning Board of Appeals meeting at which the substitution is made.
D.
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 training, continuing education, compensation
and attendance, shall also apply to alternate members.
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 Village Board of Trustees, pursuant to § 10 of the
New York State Municipal Home Rule Law, to supersede the provisions
of:
[Adopted 7-13-2010 by L.L. No. 2-2010[1]]
[1]
Editor's Note: This article was originally adopted as
Ch. 88, but was renumbered for organizational purposes.
A.
Composition.
The Planning Board shall consist of five members to be appointed by
the Mayor with the consent of the Board of Trustees. All Planning
Board members shall be Village of Hammondsport residents. This Planning
Board was originally created by resolution dated July 26, 1977.
B.
Terms.
The term of each member shall be five years, with eligibility for
reappointment by the Mayor with consent of the Board of Trustees.
Planning Board terms shall commence with the first day of the official
Village year. If a vacancy shall occur, it shall be filled by appointment
as provided above, for the unexpired term only. Members shall serve
after the expiration of their terms until their successors shall have
been appointed and qualified.
C.
Compensation.
Planning Board members shall service without salary.
D.
Ineligibility.
No member of the Village Board of Trustees shall be eligible for membership
on the Planning Board. No Planning Board member shall be permitted
to act on any matter in which he or she has a direct or indirect personal
or financial interest.
E.
Vacancy
in office. If a vacancy occurs, other than by expiration of term,
the Mayor shall appoint the new member for the unexpired term.
A.
Meetings.
The Planning Board shall hold regular meetings at the times and places
fixed by its rules. Regular meetings shall be scheduled for not less
than once a month and shall be open to the public. Notice of meetings
shall be announced in a manner reasonably accessible to the public.
B.
Voting
requirements. All motions and resolutions of the Planning Board shall
require the affirmative vote of a majority of all Planning Board members
for adoption. Where an action is the subject of a referral to the
County Planning Agency, the voting provisions of § 239-m
and § 239-n of the General Municipal Law shall apply.
C.
Applications for development, hearing on applications. Applications for subdivision and site plan review shall be submitted to the Planning Board in accordance with the regulations set forth in Chapter 104, Subdivision of Land, and Chapter 96, Site Plan Review, of this Code. Hearings on development applications shall be held in accordance with the regulations set forth in those articles.
A.
Subdivision review, authority to approve plats. For the purpose of providing for the future growth and development of the Village and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population, the Board of Trustees of the Village of Hammondsport, New York, hereby authorizes the Planning Board of the Village to approve preliminary and final plats showing lots, blocks and sites with or without streets or highways, and to approve conditionally preliminary plats, all as defined and set forth in § 7-728 of the Village Law of the State of New York and as regulated by Chapter 104, Subdivision of Land.
B.
Site plan approval. In all cases where site plan approval by the Planning Board is required by Chapter 122, Zoning, the authority for final action on the approval of such site plan is delegated to the Planning Board, and any building or use permit for the development for such land shall only be issued subject to compliance with such approved site plan and restrictions imposed in relation thereto by the Planning Board, and any certificate of occupancy or compliance shall only be issued subject to continued compliance with such site plan restrictions imposed in relation thereto by the Planning Board. This article is adopted pursuant to Chapter 788 of the 1974 Session Laws of the State of New York and is intended to confer upon the Planning Board the full powers authorized by said chapter and to ratify and confirm any conferral of such powers previously given.
