Direct responsibility for the administration and enforcement
of the provision of this chapter shall be vested in the Zoning/Code
Enforcement Officer, Town Board, Planning Board and Zoning Board of
Appeals, all in accordance with the provisions of this article.
A.
Power and duties. In addition to the jurisdiction conferred on it
by other provisions of the regulations of the Town, the Town Board
shall have the following powers and duties:
(1)
Text amendments. The Town Board shall be responsible for reviewing
Zoning Law text amendment applications and for taking final action
to approve, approve with modifications or deny such applications.
(2)
Map amendments. The Town Board shall be responsible for reviewing
map amendment (rezoning) applications and for taking final action
to approve, approve with conditions or deny such applications.
(3)
Senior Housing District. The Town Board shall be responsible for
reviewing and deciding on applications for Senior Housing Districts.
[Amended 1-9-2012 by L.L. No. 1-2012]
A.
Jurisdiction and authority. The Planning Board shall have the following
jurisdiction and authority:
(1)
To hear, review and decide on applications for site plan approval.
(2)
To hear, review and decide on applications for subdivision approval.
(3)
To hear, review and decide on applications for cluster developments
in conjunction with subdivision approval.
(4)
To review and recommend on matters relevant to the Comprehensive
Plan.
(5)
To hear, review and offer its recommendations to the Town Board on
applications for Senior Housing Districts.
B.
Membership.
(1)
Appointment and terms. The Town Board shall appoint a Planning Board
consisting of five regular members, who shall serve terms of five
years and one alternate member for the term of three years. Said members
are hereby vested with powers and duties and made subject to the limitations
set forth in the Town Law, as the same may be amended, modified or
changed from time to time.
(2)
Board composition. Members of the Planning Board shall be U.S. citizens,
residents of the Town of Porter and shall not be officers or employees
of the Town or any of its agencies or departments. At least one member
of the board shall be from the agricultural community, meeting the
criteria set in the Town Law.
(3)
Compensation. Members of the Planning Board shall 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.
(4)
Vacancies. Permanent vacancies on the Planning Board shall be filled
by the Town Board. When a vacancy occurs, an advertisement shall be
issued in a newspaper of local circulation seeking out interested
parties to fill the position.
(5)
Mandatory training. The members of the Planning Board shall be required
to attend at least eight hours of training regarding land use issues
during their first year on the Board. For each subsequent year, the
Planning Board members shall be required to attend four hours of training.
All training shall be relevant to the member's powers or duties on
the Planning Board and sponsored by the New York Association of Towns,
New York Planning Federation, State of New York or any political subdivision
thereof, or any session approved by the Planning Board Chairperson.
(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 respond
to allegations of such cause in writing to the Town Board. Cause for
removal of a member shall include:
(a)
Any undisclosed or unlawful conflict of interest;
(b)
Any violation of the codes, ordinances or rules applicable to
the member's performance of their duties;
(c)
Any unwillingness or inability to carry out their duties in
a prompt, conscientious and competent manner;
(d)
Any conduct tending to cast doubt upon the integrity or objectivity
of the member in performing their duties or any other specific conduct
of the member found by the Town Board to be detrimental to the proper
functioning of the Board;
(e)
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.
(f)
No member that has been removed for cause shall be reappointed.
C.
Chairperson and Vice Chairperson.
(1)
The Town Board shall annually appoint one of the members of the Planning
Board as Chairperson, to preside at all meetings and hearings and
to fulfill the customary functions of that office. The members of
the Planning Board shall annually elect one of their members as Vice
Chairperson.
(2)
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 Planning Board.
(3)
A person shall not serve as Chairperson or Vice Chairperson for more
than five consecutive years. A person appointed as Chairperson or
Vice Chairperson must have served on the Board for a period of at
least five years prior to appointment.
D.
Planning Board Secretary and public record.
(1)
The Planning Board Secretary shall attend all its proceedings and,
upon request, the proceedings of any of its Committees.
(2)
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 Secretary 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.
E.
Voting procedures.
(1)
Quorum.
(a)
As to any matter requiring a hearing before the Planning Board,
no business shall be transacted by the Board without a quorum. The
concurring vote of three members shall be necessary for any action
by the Board. If less than a quorum is present, the hearing may be
adjourned to the next scheduled meeting or to a special meeting as
determined by the Board. The Secretary shall notify, in writing, all
members of the date of the adjourned hearing and shall also notify
such other interested parties as may be designated in the vote of
adjournment.
(b)
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 they shall first certify on the record that they have
reviewed the entire record of any such portion of the hearing or meeting
during which they were absent and have fully informed themselves of
the essential facts and issues of the matter being heard so as to
be able to cast an informed and independent vote.
(2)
Deliberation. As to any matter not requiring a hearing, the Planning
Board may meet and deliberate at any properly called meeting regardless
of the presence of a quorum or may continue consideration of such
matter to any later meeting. However, no final action shall be taken
on any such matter without a quorum.
F.
Meetings, hearings and rules of order.
(1)
Meetings. Regular meetings of the Planning Board shall be held at
the call of the Chairperson or as provided by rule of the Board. Special
meetings shall be called by the Chairperson at the request of any
three members of the Board or at the request of the Town Board. The
Pledge of Allegiance shall commence meetings.
(2)
Hearings. All meetings and hearings of the Planning Board shall be
open to the public.
(3)
Rules of order. The Planning Board shall follow Robert's Rules of
Order for parliamentary guide for all meetings of the board. Said
rules of order shall consist of roll call, public participation, approval
of minutes, communications, old business, new business, report of
Committees or assigned delegates and miscellaneous matters.
G.
Planning Board bylaws. The Planning Board shall prepare and adopt
bylaws from time to time outlining meeting times and related procedures.
H.
Record and decisions.
(2)
Decisions.
(a)
The Planning Board may rely on the personal knowledge of its
members, testimony during public hearings, on its inspections of the
property and on any reports available to it, provided that reliance
on such matter shall not be allowed unless the Board shall have made
the particular knowledge, inspection or report a matter of record
at the public hearing and afforded every party reasonable time to
respond to it.
(b)
Every decision of the Planning Board upon an application amending
this chapter, for site plan approval or special use permit shall be
by written resolution which shall set forth the recommendation of
the Board or shall approve, approve with conditions or deny approval.
Every resolution shall expressly set forth any limitations or conditions
imposed on any approval or any development, work or use authorized.
(3)
Notification of decision. Within five business days following any
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. As to other matters brought before the Board,
the Board shall prepare such report as it shall deem appropriate to
the subject matter.
I.
Conflicts. No member of the Planning Board shall participate in the
hearing or disposition of any matter in which they have an interest.
Any conflict of interest prohibited by Article 18 of the General Municipal
Law shall disqualify a member.
J.
Appeals. An appeal from any final decision of the Planning Board
as to any matter over which it has final authority may be taken within
90 days of the filing of such decision by any person aggrieved or
by any authorized officer, department or board of the Town.
[Amended 1-9-2012 by L.L. No. 1-2012]
A.
Jurisdiction and authority. The Zoning Board of Appeals shall have
the following jurisdiction and authority:
B.
Membership.
(1)
Appointment and terms. Members of the Zoning Board of Appeals shall
be appointed by the Town Board. The Zoning Board of Appeals shall
consist of five regular members each serving terms of five years and
one alternate member, who shall serve for a term of three years.
(2)
Board composition. Members of the Zoning of Appeals shall be U.S.
citizens, residents of the Town of Porter and shall not be officers
or employees of the Town or any of its agencies or departments. At
least one member of the board shall be from the agricultural community,
meeting the criteria set in the Town Law.
(3)
Compensation. Members of the Zoning Board of Appeals shall 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.
(4)
Vacancies. Permanent vacancies on the Zoning Board of Appeals shall
be filled by the Town Board. When a vacancy occurs, an advertisement
shall be issued in a newspaper of local circulation seeking out interested
parties to fill the position.
(5)
Mandatory training. The members of the Zoning Board of Appeals shall
be required to attend at least eight hours of training regarding land
use issues during their first year on the Board. For each subsequent
year, the Zoning Board members shall be required to attend four hours
of training. All training shall be relevant to the member's powers
or duties on the Zoning Board of Appeals and sponsored by the New
York Association of Towns, New York Planning Federation, State of
New York or any political subdivision thereof, or any session approved
by the Zoning Board Chairperson.
(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 their own defense at a public hearing. Cause for removal
of a member shall include:
(a)
Any undisclosed or unlawful conflict of interest;
(b)
Any violation of the codes, ordinances or rules applicable to
the member's performance of their duties;
(c)
Any unwillingness or inability to carry out their duties in
a prompt, conscientious and competent manner;
(d)
Any conduct tending to cast doubt upon the integrity or objectivity
of the member in performing their duties or any other specific conduct
of the member found by the Town Board to be detrimental to the proper
functioning of the Board.
(e)
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.
(f)
No member that has been removed for cause shall be reappointed.
C.
Chairperson and Vice Chairperson.
(1)
The Town Board shall annually appoint one of the members of the Zoning
Board of Appeals as Chairperson, to preside at all meetings and hearings
and to fulfill the customary functions of that office. The members
of the Zoning Board of Appeals shall annually elect one of their members
as Vice Chairperson.
(2)
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.
(3)
A person shall not serve as Chairperson or Vice Chairperson for more
than five consecutive years. A person appointed as Chairperson or
Vice Chairperson must have served on the Board for a period of at
least five years prior to appointment.
D.
Secretary and public record.
(1)
The Secretary of the Zoning Board of Appeals shall attend all its
proceedings and, upon request, the proceedings of any of its Committees.
(2)
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 Secretary 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.
E.
Voting procedures.
(1)
As to any matter requiring a hearing before the Zoning Board of Appeals,
no business shall be transacted by the Board without a quorum. The
concurring vote of three members shall be necessary for any action
by the Board. If less than a quorum is present, the hearing may be
adjourned to the next scheduled meeting or to a special meeting as
determined by the Board. The Secretary shall notify in writing all
members of the date of the adjourned hearing and shall also notify
such other interested parties as may be designated in the vote of
adjournment.
(2)
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 they shall first certify on the record that they have
reviewed the entire record of any such portion of the hearing or meeting
during which they were absent and have fully informed themselves of
the essential facts and issues of the matter being heard so as to
be able to cast an informed and independent vote.
F.
Meetings, hearings and rules of order.
(1)
Meetings. Regular meetings of the Zoning Board of Appeals shall be
held at the call of the Chairperson or as provided by rule of the
Board. Special meetings shall be called by the Chairperson. The Pledge
of Allegiance shall commence meetings.
(2)
Hearings. All meetings and hearings of the Zoning Board of Appeals
shall be open to the public.
(3)
Rules of order. The Zoning Board of Appeals shall follow Robert's
Rules of Order for parliamentary guide for all meetings of the Board.
Said rules of order shall consist of roll call, public participation,
approval of minutes, communications, old business, new business, report
of committees or assigned delegates and miscellaneous matters.
G.
Zoning Board of Appeals bylaws. The Zoning Board of Appeals shall
prepare and adopt bylaws from time to time outlining meeting times
and related procedures.
H.
Record and decisions.
(2)
Decisions.
(a)
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; provided, however, that reliance
on such matter shall not be allowed unless the Board shall have made
the particular knowledge, inspection or report a matter of record
at the public hearing and afforded every party reasonable time to
respond to it.
(b)
Every decision of the Zoning Board of Appeals shall be by resolution
and shall expressly set forth any limitations or conditions imposed
on any relief approved or work or use authorized.
(3)
Final action. In taking final action, the Zoning Board of Appeals
shall first state its findings and conclusions at a meeting open to
the public and shall, in addition, state the special circumstances
warranting such action.
(4)
Failure to act.
(a)
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 but, on such appeal, shall be entitled
to no presumption of correctness.
(b)
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.
(5)
Notification of decision. Within five business days following any
decision of the Zoning Board of Appeals, the Secretary shall mail
notice thereof to each person entitled to such notice and file such
decision in the office of the Town Clerk. As to other matters brought
before the Board, the Board shall prepare such report as it shall
deem appropriate to the subject matter.
I.
Conflicts. No member of the Zoning Board of Appeals shall participate
in the hearing or disposition of any matter in which they are interested.
Any conflict of interest prohibited by Article 18 of the General Municipal
Law shall disqualify a member.
A.
Appointment. Zoning/Code Enforcement Officer shall be appointed by
the Town Board.
B.
Powers and duties. The provisions of this chapter shall be enforced
by the Zoning/Code Enforcement Officer, who shall have the following
powers and duties:
(1)
Submit a monthly report to the Town Board. Copies of this report
shall be transmitted to the Board of Appeals and Planning Board at
the same time.
(2)
Maintain a permanent and current record of all applications for zoning
site plan and special permits certificates, actions upon same, any
conditions relating thereto, and any other matters considered and
action taken. Such records shall form a part of the records of the
office and shall be available for use by Town officials and for inspection
by the public.
(3)
Cause any plans, buildings or premises to be examined or inspected
to determine compliance with the provisions of this chapter. In the
fulfillment of these duties, the Zoning/Code Enforcement Officer shall
be authorized to enter any premises or building during business hours
to determine whether or not the same is in violation of this chapter.
(4)
Issue building permits to all applicants who fully comply with the
provisions of this chapter.
(5)
Issue change of use permits to all applicants who fully comply with
the provisions of this chapter.
(6)
Issue temporary use permits to all applicants who fully comply with
the provisions of this chapter.
(7)
Issue certificates of occupancy upon finding that construction was
carried out in compliance with approved plans and all other applicable
codes.
(8)
Provide the Zoning Board of Appeals, in writing, with all facts pertaining
to the refusal to issue permits and certificates when such information
is requested by the Board.
(9)
For denied building permits, provide, in writing, the specific reasons
for denial and instruct the applicant on the proper methods to apply
for relief.
(10)
Issue certificates of nonconformity and maintain a current list
and/or a map of nonconforming uses to determine if discontinuance
or destruction, or change in use or vacancy has taken place.
(11)
Maintain a current list and/or a map showing the variances or
special permits issued by the Zoning Board of Appeals to determine
if the condition and safeguards placed on variances and special permits
are being complied with.
(12)
For violations of this chapter:
(a)
Notify, in writing, the person responsible for such violations,
indicating the nature of the violation and ordering the action to
correct it;
(b)
Order discontinuance of illegal uses of land, buildings or structures;
removal of illegal buildings or structures, or of illegal additions,
alteration or structural changes: stop work or discontinuance of any
illegal work being done; or
(c)
Take any other action authorized by this chapter to ensure compliance
with or to prevent violation of its provisions.
C.
Mandatory training. The Zoning/Code Enforcement Officer shall be
required to attend at least 24 hours of training regarding land use
issues and building code enforcement each year. All training shall
be relevant to the Zoning/Code Enforcement Officer's powers or duties
and sponsored by the New York Association of Towns, New York Planning
Federation, or the State of New York.
