Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted Malone Village Board 7-27-1987 by Local Law No. 3, 1987. Amendments noted where applicable.]
Zoning — See Ch. 66.
It is the policy of the Village of Malone to provide for a Planning Board with the scope and authority to adequately protect and provide for the reasonable development of all tracts of land within the Village of Malone in an orderly, efficient and economic manner, and one consistent with the village's ability to provide for essential services to all village residents. The Village Board has determined that the most efficacious means to accomplish this policy is thorough the appointment of a Village Planning Board, in accordance with Article 7 of the Village Law of the State of New York.
The Village of Malone Planning Board is hereby created in accordance with the provisions of Village Law, Article 7. Such Board shall consist of five members, to be appointed by the Board of Trustees in accordance with aforesaid statute; provided, however, that each member must be a resident of the Village of Malone.
The Village Board shall have the right to designate and appoint the Chairperson of the Planning Board at its regular annual meeting. Upon failure of the Village Board to appoint a Chairperson, the members of the Planning Board are to elect a Chairperson.
The Planning Board shall have the power and authority to employ its own clerk, attorney, staff and other experts, as necessary, and to pay for their services and such other expenses as may be necessary and proper, but not to exceed the annual appropriation made to the Planning Board by the Village Board of the Village of Malone. In this connection, the Village Board hereby grants to the Planning Board an appropriation of $6,500 for the balance of the current village fiscal year and shall include an allocation for future expenses in ensuing annual budgets.
The Planning Board shall have and exercise the powers and duties as follows:
To prepare and change a Master Plan for the development of the entire area of the Village of Malone, to make investigations and reports relating to the planning of the village and its future growth and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
To review, approve or disapprove all plats showing lots, blocks or sites, with or without streets or highways, within the Village of Malone.
To review, approve or disapprove changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the County Clerk's office.
To review, approve or disapprove the laying out of, closing off of or abandonment of such streets, highways or public areas under and subject to the provisions of the Village or Highway Laws.
Simultaneously with the approval of any such plat, to confirm and make changes in the zoning regulations applicable to the land included in any such plat, in accordance with the provisions of § 7-738 of the Village Law and amendments thereto.
Notwithstanding any provision of the Village Code to the contrary, to approve or reject any sign applications pursuant to the standards established in Chapter 66 of the Village of Malone Code.
All other powers conferred upon it by the provisions of the Village Law and shall pass upon all matters which may be referred to it from time to time by resolution of the Board of Trustees. It shall conduct hearings and perform its duties in accordance with such procedure as provided in §§ 7-724 through 7-736 of the Village Law, and acts amendatory thereof.
To adopt, after public hearing by the Planning Board and approval of the Board of Trustees, subdivision rules and regulations.
To review and approve or disapprove site plans as required by the Village Zoning Ordinance[1] and perform such other duties required by the Board by such ordinance.[2]
Editor's Note: See Ch. 66, Zoning.
Editor's Note: Former Subsection J, which immediately followed this subsection and dealt with authority to determine applications, was repealed 7-24-1989 by L.L. No. 3, 1989.
All matters presently pending before the former Village Planning Commission and not fully and finally determined by final order are hereby transferred to the Planning Board, in accordance with this local law.
The Village Clerk of the Village of Malone shall file with the Clerk of the County of Franklin a certificate, certifying that the Planning Board of the Village of Malone has been authorized to approve plats showing new streets or highways in accordance with the provisions of § 7-782, as amended, of the Village Law.
Editor's Note: Former § 69-8, Special exceptions, was repealed 7-24-1989 by L.L. No. 2, 1989.
If any provision of this local law shall be held unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this local law or the application of any provision to any other person or circumstances.
All ordinances or local laws of said Village of Malone, or parts thereof, which in any manner conflict with the terms and provisions of this local law are hereby repealed.
This local law shall take effect immediately upon filing with the Secretary of State.