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.
A.
Membership.
(1)
Appointment and terms. Pursuant to the Town Law applicable thereto,
the Town Board shall appoint a Planning Board consisting of five regular
members for the term set forth in § 271 of the Town Law.
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.
[Amended 8-22-2018 by L.L. No. 2-2018]
(2)
Board composition. Members of the Planning Board shall be residents
of the Town of West Bloomfield and shall not be officers or employees
of the Town or any of its agencies or departments.
(3)
Compensation. Members of the Planning Board shall serve with
compensation in an amount determined, from time to time, by the Town
Board of the Town of West Bloomfield.
(4)
Vacancies. Permanent vacancies on the Planning Board shall be
filled by the Town Board.
(5)
Mandatory training. Each member of the Planning Board shall
complete the training requirements as set forth in State of New York
Town Law § 271-7c.
(6)
Removal.
(a)
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 and at a public hearing
before said Board as hereinafter provided. Cause for removal of a
member shall include:
[1]
Any undisclosed or unlawful conflict of interest.
[2]
Any violation of the codes, ordinances or rules applicable to
the member's performance of his or her duties.
[3]
Failure to complete the training requirements as required by
State of New York Town Law § 271.
[4]
Failure to attend at least 75% of lawfully scheduled Planning
Board meetings.
(b)
Notice and hearing.
[1]
A notice stipulating the reasons for removal of a Planning Board
member pursuant to this article shall be given to the Planning Board
member scheduled for removal 10 days prior to such removal.
[2]
Removal of a Planning Board member from the Planning Board will
be effective 10 days after notice is given to the Planning Board member
scheduled for removal unless such Planning Board member requests a
hearing before the Town Board to contest the removal. The request
for a hearing shall be direct to the Town Supervisor and filed with
the Town Clerk.
[3]
A hearing request pursuant to this article will be held at the
next regularly scheduled meeting of the Town Board following such
request. The decision of the Town Board at said hearing will be final
and effective as of the date of the decision or 10 days after notice
to the Planning Board member, whichever is later.
B.
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 Board.
C.
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.
D.
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.
[ Amended 8-22-2018 by L.L. No. 2-2018]
(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 he or she shall first certify on the record that he
or she has reviewed the entire record of any such portion of the hearing
or meeting during which he or she was absent and has fully informed
himself or herself 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.
E.
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.
[ Amended 8-22-2018 by L.L. No. 2-2018]
(2)
Hearings. All meetings and hearings of the Planning Board shall
be open to the public. All hearings shall be advertised by publication
in a paper of general circulation in the Town at least five days prior
to the date thereof.
(3)
Rules of order. The Planning Board shall follow Robert's Rules
of Order as the 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.
F.
Planning Board bylaws. The Planning Board shall prepare and adopt
bylaws from time to time outlining meeting times and related procedures.
G.
Record; 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, however, that
reliance on such matters 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 cluster development approval, special permit approval
or site plan approval 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)
Final decision. The Planning Board shall take no final or binding
vote on any decision pertaining to the aforesaid applications unless
it shall first state its findings and conclusions as above required
at a meeting open to the public.
(4)
Failure to act.
(a)
In any case where this chapter provides that the failure of
the Planning Board to act within a fixed period shall be deemed an
approval of an application, except as provided by Town Law, 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 Planning Board 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 10 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.
(6)
Conflicts. No member of the Planning Board shall participate
in the hearing or disposition of any matter in which he or she has
an interest. Any conflict of interest prohibited by Article 18 of
the General Municipal Law shall disqualify a member.
(7)
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
30 days of the filing of such decision by any person aggrieved or
by any authorized officer, department or board of the Town in accordance
with Article 78 of the New York Civil Practice Law and Rules.
(8)
Jurisdiction and authority. The Planning Board shall have the
following jurisdiction and authority:
(a)
To review and recommend on matters relevant to the Comprehensive
Plan.
(b)
To review and make recommendations to the Town Board on zoning
changes amendments.
(c)
To review and make recommendations to the Town Board on incentive
development applications.
(e)
Subject to the provisions of § 140-147, to hear, review and offer its recommendations to the Town Board on applications for Planned Unit Development District approval.
(f)
Subject to the provisions of § 140-149, to hear, review and finally decide applications for cluster development approval.
A.
Membership.
(1)
Appointment and terms.
(a)
The Zoning Board of Appeals shall consist of five members appointed
by the Town Board.
(b)
Of the members of the Board first appointed, one shall hold
office for the term of one year, one for the term of two years, one
for the term of three years, one for the term of four years and one
for the term of five years from and after his appointment. Their successors
shall be appointed for the term of five years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Town
Board by appointment for the unexpired term.
(2)
Board composition. Members of the Zoning Board of Appeals shall
be residents of the Town of West Bloomfield and shall not be officers
or employees of the Town or any of its agencies or departments.
(3)
Compensation. Members of the Zoning Board of Appeals shall serve
with compensation in an amount determined, from time to time, by the
Town Board of the Town of West Bloomfield.
(4)
Vacancies. Permanent vacancies on the Zoning Board of Appeals
shall be filled by the Town Board, in the same manner as other appointments
hereunder.
(5)
Mandatory training. Each member of the Zoning Board of Appeals
shall complete the training requirements as set forth in State of
New York Town Law § 267, Subdivision 7-a, as may from time
to time be modified or waived pursuant to State of New York Town Law
§ 271, Subdivision 7-a(c).
(6)
Removal.
(a)
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 respond
to allegations of such cause in writing to the Town Board and at a
public hearing before said Board as hereinafter provided. Cause for
removal of a member shall include:
[1]
Any undisclosed or unlawful conflict of interest.
[2]
Any violation of the codes, ordinances or rules applicable to
the member's performance of his or her duties.
[3]
Failure to complete the training requirements as required by
State of New York Town Law § 267.
[4]
Failure to attend at least 75% of lawfully scheduled Zoning
Board of Appeals meetings.
(b)
Notice and hearing.
[1]
A notice stipulating the reasons for removal of a Zoning Board
of Appeals member pursuant to this article shall be given to the Zoning
Board of Appeals member scheduled for removal 10 days prior to such
removal.
[2]
Removal of a Zoning Board of Appeals member from the Zoning
Board of Appeals will be effective 10 days after notice is given to
the Zoning Board of Appeals member scheduled for removal unless such
Zoning Board of Appeals member requests a hearing before the Town
Board to contest the removal. The request for a hearing shall be direct
to the Town Supervisor and filed with the Town Clerk.
[3]
A hearing request pursuant to this article will be held at the
next regularly scheduled meeting of the Town Board following such
request. The decision of the Town Board at said hearing will be final
and effective as of the date of the decision or 10 days after notice
to the Zoning Board of Appeals member, whichever is later.
B.
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.
C.
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.
D.
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 to
approve an application or appeal. Failure to obtain the concurring
vote of three members shall be deemed a denial. 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 that he or she shall first certify on the record that
he or she has reviewed the entire record of any such portion of the
hearing or meeting during which he or she was absent and has fully
informed himself or herself of the essential facts and issues of the
matter being heard so as to be able to cast an informed and independent
vote.
E.
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.
(2)
Hearings. All meetings and hearings of the Zoning Board of Appeals
shall be open to the public. All hearings shall be advertised by publication
in a paper of general circulation in the Town at least five days prior
to the date thereof.
(3)
Rules of order. The Zoning Board of Appeals shall follow Robert's
Rules of Order as the 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.
F.
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.
G.
Record; 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 matters 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 10 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.
H.
Conflicts. No member of the Zoning Board of Appeals shall participate
in the hearing or disposition of any matter in which he or she is
interested. Any conflict of interest prohibited by Article 18 of the
General Municipal Law shall disqualify a member.
I.
J.
Appeals. An appeal from any final decision of the Zoning Board of
Appeals may be taken within 30 days of the filing of such decision
by any person aggrieved or by any authorized officer, department or
board of the Town in accordance with Article 78 of the New York Civil
Practice Law and Rules.
[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.
PLANNING BOARD
ZONING BOARD OF APPEALS
MEMBER
ALTERNATE MEMBER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
