Direct responsibility for the administration and enforcement
of the provisions of this chapter shall be vested in the Code Enforcement
Officer, Town Board, Planning Board and Zoning Board of Appeals, all
in accordance with the provisions of this article.
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:
A. Text amendments. The Town Board shall be responsible for reviewing
Zoning Chapter text amendment applications and for taking final action
to approve, approve with modifications or deny such applications.
B. Map amendments. The Town Board shall be responsible for reviewing
Zoning Map amendment (rezoning) applications and for taking final
action to approve, approve with conditions or deny such applications.
C. Planned unit developments. The Town Board shall be responsible for
the final review of planned unit development applications and for
taking final action to approve, approve with conditions or deny such
applications.
D. Incentive developments. The Town Board shall be responsible for final
review of incentive development applications and for taking final
action to approve, approve with conditions or deny such applications.
[Added 2-26-2014 by L.L. No. 1-2014]
A. Title: "a local law creating the positions of alternate members of
the Town of West Bloomfield Planning Board and Zoning Board of Appeals."
B. Legislative intent. This section 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 Town of West
Bloomfield. In order to permit the Zoning Board of Appeals and the
Planning Board of the Town of West Bloomfield to transact business
with a full complement of members in the event of absence or conflicts
of interest, it is deemed advantageous by the Town Board of the Town
of West Bloomfield to enact a local law to provide for the appointment
of alternate members to the Planning Board and to provide for the
appointment of alternate members to the Zoning Board of Appeals. Since
the membership of said Boards appears, respectively, in the Town Zoning
Law, this section shall be construed as amending such Zoning Law.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
PLANNING BOARD
The Planning Board of the Town of West Bloomfield, as established by the Town Board pursuant to the provisions of § 271 of the Town Law and §
140-142 of the Town Code of the Town of West Bloomfield.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of West Bloomfield as established by the Town Board, pursuant to the provisions of § 267 of the Town Law and §
140-143 of the Town Code of the Town of West Bloomfield.
MEMBER
An individual appointed by the Town Board to serve on the
Town Planning Board or Zoning Board of Appeals pursuant to the provisions
of the local law which first established such Planning Board and Zoning
Board of Appeals.
ALTERNATE MEMBER
An individual appointed by the Town Board when a regular
member is unable to participate on an application or matter before
the respective Board, as provided herein.
D. Authorization/effect.
(1)
The Town Board of the Town of West Bloomfield hereby enacts
this section to provide a process for appointing alternate member(s)
to 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.
(2)
The Town Board may appoint not more than two alternate members
to the Planning Board and Zoning Board of Appeals to serve as provided
herein.
(3)
Alternate members of the Planning Board and Zoning Board of
Appeals shall be appointed by the Town Board or other duly authorized
appointing authority for a term of five years, with the term to expire
on December 31 of the calendar year after the date of this appointment,
except in the first year of application of this section if necessary
the terms shall be staggered so that one alternate member shall be
appointed for a term of four years and one for a term of five years.
(4)
The chairperson of the Planning Board or 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.
Reasons the member might not be able to serve and thus designation
of the alternate to serve in his/her stead could include but are not
limited to: conflicts of interest, appearances of impropriety, illness,
vacation (short-term or extended), work commitments, family obligations.
When so designated, the alternate members 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 meeting,
or Zoning Board of Appeals meeting, during which the substitution
is made.
(5)
All provisions of New York State law relating to the Planning
Board or Zoning Board of Appeals member eligibility, vacancy in office,
removal, compatibility of office and service on other boards, as well
as any provisions of any local law relating to training, continuing
education, compensation and attendance, shall also apply to alternate
members.
E. Authority. This section is hereby adopted pursuant to the provisions
of § 10 of the Municipal Home Rule Law and in accordance
with § 271, Subdivision 15, and § 267, Subdivision
11, of the New York State Town Law.
F. Miscellaneous.
(1)
This section shall be deemed to supersede and repeal any other
local laws, ordinances or resolutions to the extent therein inconsistent
herewith.
(2)
If any part of the section shall be judicially declared to be
invalid, void, unconstitutional or unenforceable, all unaffected provisions
hereof shall survive such declaration and this section shall remain
in full force and effect as if the invalidated portion had not been
enacted.
(3)
Nothing herein shall be deemed to be a waiver or restriction
upon any rights and powers available to the Town of West Bloomfield
to further regulate the subject matter of this section.
The Code Enforcement Officer for the Town of West Bloomfield
shall have the following powers and duties:
A. Submit a monthly report to the Town Board listing all applications
received, inspections made, referrals and action taken on each. Copies
of this report shall be transmitted to the Board of Appeals and Planning
Board at the same time.
B. Maintain a permanent and current record of all applications for zoning,
site plan and special permits certificates, his action upon the same,
any conditions relating thereto, and any other matters considered
and action taken by him. Such records shall form a part of the records
of his office and shall be available for use by Town officials and
for inspection by the public.
C. Cause any plans, buildings or premises to be examined or inspected
to determine that they are in compliance with the provisions of this
chapter. In the fulfillment of the duties of the Code Enforcement
Officer, he or she shall be authorized to enter any premises or building
at a reasonable time to determine whether or not the same is in violation
of this chapter.
D. Issue building permits and zoning permits to all applicants who fully
comply with the provisions of this chapter.
E. Provide the Zoning Board of Appeals, in writing, with all facts pertaining
to his refusal to issue zoning permits and certificates whenever such
information shall be requested by said Board.
F. For denied zoning permits provide, in writing, the specific reasons
for denial and instruct the applicant on the proper methods to apply
for relief.
G. Maintain a current list and a map of nonconforming uses to determine
if discontinuance or destruction, or change in use or vacancy, has
taken place.
H. Maintain a current list and a map showing the variances issued by
the Zoning Board of Appeals and special permits approved by the Planning
Board to determine if the conditions and safeguards placed on variances
and special permits are being complied with.
I. Violations; notice. For violations of this chapter:
(1)
Notify, in writing, the person responsible for such violations,
indicating the nature of the violation and ordering the action to
correct it;
(2)
Order discontinuance of illegal uses of land, buildings or structures,
the removal of illegal buildings or structures or of illegal additions,
alterations or structural changes; order a stop work on or discontinuance
of any illegal work being done; or
(3)
Take any other action authorized by this chapter to ensure compliance
with or to prevent violation of its provisions.
J. Issue appearance tickets pursuant to § 150.20 of the New
York State Criminal Procedure Law.