The Planning Board shall have all the power and duties prescribed
by law, including, without limitation, New York State Town Law § 271
and by this chapter, which are more particularly specified as follows,
provided that none of the following provisions shall be deemed to
limit any power of the Planning Board that is conferred by law:
A. To issue upon application, after public notice and hearing, and in
accordance with the requirements of law and this chapter, special
use permits;
B. To conduct upon application, after public notice and hearing, and
in accordance with the requirements of law and this chapter, site
plan review and (where appropriate) approval when this chapter requires
the same;
C. To issue upon application, after public notice and hearing, and in accordance with the requirements of law, Chapter
213, Subdivision of Land, and this chapter, subdivision approvals; and
D. To hear and decide such other matters according to the terms of this
chapter or other statutes and upon which the Planning Board may be
authorized to pass under this chapter or other law.
The Planning Board shall act in accordance with the procedures
specified by law and by this chapter.
A. Public hearings. The Planning Board shall fix a time for any required
public hearings, give public notice thereof and issue decisions in
accordance with the provisions of law. The applicant shall bear the
cost of advertising and required public notice for public hearings.
B. Appearances. On hearing of an application, a party may either appear
in person or by a representative who need not be an attorney. If the
party is to be represented by a person who is not an attorney, a notarized
affidavit of appointment of a representative for the party must be
presented to the Planning Board prior to the hearing. An application
may be made by an applicant other than the owner of record, provided
that the owner(s) shall join in any application.
C. Conduct of proceedings. The Planning Board shall be primarily concerned
with facts and not with technicalities and shall decide the matters
before it fairly and equitably having regard to the welfare of the
community as a whole and to the rights of the applicant and neighbors.
The Planning Board shall make its findings and determinations based
upon substantial evidence contained in the record of its proceedings.
D. Inspection. The Planning Board may defer decision on any matter for
the purpose of an appropriate inspection by the Planning Board or
any other agency that the Planning Board deems to be an interested
agency or to hear witnesses or procure the submission of pertinent
records. An appeal or application on which determination by the Board
is to be deferred shall become the first order of business at the
next public meeting.