[HISTORY: Adopted by the Town Board of the Town of Tonawanda 6-17-2013 by L.L. No.
1-2013. Amendments noted where applicable.]
Pursuant to § 271 of the Town Law, authorizing the creation of a Planning Board and bylaws, the Town hereby establishes a Planning Board, which was originally created in 1950 by Town Board resolution. The membership of the Planning Board shall consist of seven members and any alternate members as provided for in § 215-109.1. The present members shall continue to serve until the expiration of their terms. None of the Planning Board members shall hold any other public office in the Town or be members of the Town Board. The Town Board shall appoint one member as Chairperson. Efforts will be made to ensure that qualified members of the Planning Board represent a variety of ethnic, professional and civic groups in the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
A representative of the Building Inspections Department of
the Town of Tonawanda.
The duly appointed Planning Board of the Town of Tonawanda.
The Town of Tonawanda.
The Planning Board of the Town of Tonawanda shall be governed
by the provisions of all applicable state statutes, local laws, ordinances,
including § 271 of the Town Law, and these rules.
A.
Members of the Planning Board shall adhere to the training requirements
of § 267-7(a) of the Town Code, Town Board resolution requirements
or requirements of the State of New York.
B.
The Planning Board shall become familiar with all of the duly enacted
ordinances and laws of the Town under which it may be expected to
act, as well as all applicable state statutes.
C.
The Planning Board shall become familiar with the community goals,
desires and policies as expressed in the Town's Comprehensive
Plan, and in rendering approvals, recommendations and reports, shall
be guided by such plan.
Members of the Planning Board shall attend all regular meetings
of the Planning Board unless excused by the Chairperson and shall
be compensated as the Town Board determines by resolution.
A.
The officers of the Planning Board shall consist of a Chairperson,
Acting Chairperson, and Recording Secretary.
B.
Chairperson. The Chairperson shall be designated by the Town Board
from the Planning Board members. The Chairperson shall perform all
the duties required by law, ordinance and these rules. The Chairperson
shall preside at all meetings of the Planning Board and shall decide
on all points of order and procedure, subject to these rules. The
Chairperson shall appoint any committees found necessary to carry
out the business of the Planning Board and may administer oaths and
compel the attendance of witnesses as necessary to carry out the business
of the Planning Board. The Chairperson's signature shall be the
official signature of the Planning Board and shall appear on all decisions
as directed by the Planning Board.
C.
Acting Chairperson. An Acting Chairperson shall be designated by
the Planning Board to serve in the absence of the Chairperson and
shall have all the powers of the Chairperson during his/her absence,
disability or disqualification.
D.
Recording Secretary. A Recording Secretary shall be designated by
the Planning Board. The Recording Secretary shall keep minutes of
all Planning Board proceedings, showing the vote of each member upon
every question, or if absent or failing to vote, indicating such fact,
and shall also keep records of all Planning Board official actions.
The Recording Secretary shall file a copy of the minutes with the
Town Clerk. The Recording Secretary shall be responsible for calling
special meetings of the Planning Board upon receiving a request from
the Chairperson or by written request from any four members of the
Planning Board.
E.
Vacancies. Should any vacancy on the Planning Board occur for any
reason, the Recording Secretary shall give immediate notice thereof
to the Town Clerk for the Town Board to appoint to fill the vacancy
for the unexpired term.
A.
Regular meetings. The regular meetings of the Planning Board shall
be held on the first Wednesday of each month in the Municipal Building,
2919 Delaware Avenue, Kenmore, New York, or at such other date and
time as may be determined by the Chairperson of the Planning Board.
B.
Annual meeting. The annual organizational meeting of the Planning
Board shall be the first regular meeting of the year.
C.
Special meetings. Special meetings of the Planning Board may be called
by the Chairperson. At least 72 hours' written notice of the
time, place and business of the meeting shall be given each member
of the Planning Board and the news media. The Chairperson shall call
a special meeting within 10 days of receipt of a request from any
four members of the Planning Board, which request shall specify the
matters to be considered at such special meeting.
D.
Cancellation of meetings. Whenever there is no business to be conducted
at a regular meeting, the Chairperson may dispense with such meeting
by electronic notice to all members not less than 48 hours prior to
the time set for such meeting.
A.
B.
New business. No new matter will be considered unless the completed
appropriate application for said matter is received by the enforcement
officer on behalf of the Planning Board on the form provided for that
purpose at least 15 days prior to the Planning Board meeting. The
Chairperson, for good cause shown, may waive this requirement.
C.
Meeting agenda. The Enforcement Officer shall be responsible, at
the direction of the Planning Board, for providing any applicant with
the proper forms and for instructing the interested parties on the
proper procedures for completing and filing said forms. All information
required thereon shall be complete before an application is considered
filed. The Chairperson, or his/her designee on the Planning Board,
shall review all applications received by the enforcement officer
for completeness. If said application is incomplete, the applicant
shall be notified within five days with instructions to remedy the
same. The agenda shall be prepared by the Chairman, or the Recording
Secretary, if directed by the Chairman, and distributed to all members
of the Planning Board at least five calendar days prior to the meeting.
Notice shall be sent to the applicant and the Erie County Department
of Environment and Planning, if required.
D.
Code Enforcement Officer. At each meeting of the Planning Board,
the Code Enforcement Officer shall, if the Chairperson deems necessary,
provide the Planning Board with a written summary of the comments
received on an application.
E.
Any member of the Planning Board shall be allowed to cast an "Aye"
or "Nay" vote. Any member of the Planning Board who believes he/she
has a conflict of interest on any matter on the Planning Board agenda
shall voluntarily recuse himself/herself from discussion and voting
on the matter.
F.
All communications to the Planning Board or its officers shall be
filed with the Recording Secretary.
A.
Quorum. A quorum shall consist of a majority of the members of the
Planning Board.
B.
No meeting of the Planning Board shall be held, nor any action taken,
in the absence of a quorum.
C.
Voting. All matters shall be decided by roll call vote. Decisions
on any matter before the Planning Board shall require the affirmative
vote of a majority of the Planning Board unless otherwise specified
herein.
D.
No member of the Planning Board shall vote on any matter in which
he is personally or financially interested. Said member shall not
be counted in establishing the quorum for such matter.
A.
Zoning referrals.
(1)
All matters requiring referral as specified by an ordinance or local
law shall be so referred to the Planning Board for its recommendation.
Within a reasonable time after receipt of a full statement of such
referred matter, the Planning Board shall report its recommendations.
If the Planning Board fails to respond within the prescribed time,
the referring board or agency may act without such report.
(2)
Prior to taking action on any matter which would cause change in
the regulations or use of land or buildings on real property as specified
in § 239-n of the General Municipal Law, the Planning Board
shall make referrals to the Erie County Department of Environment
and Planning, having jurisdiction in accordance with §§ 239-l,
239-m and 239-n of the General Municipal Law. Within 30 days after
receipt of a full statement of such referred matter, the Erie County
Department of Environment and Planning shall report its recommendations
thereon to the Planning Board, accompanied by a full statement of
the reasons for such recommendations. If such planning agency disapproves
the proposal, or recommends modification thereof, the Planning Board
shall not act contrary to such disapproval or recommendation except
by a vote of a majority plus one of all the members thereof and after
adoption of a resolution fully setting forth the reasons for such
contrary action. The Chairperson shall read the report of the county
planning agency on the matter under review. If such planning agency
fails to report within such period of 30 days or such longer period
as may have been agreed upon by it and the referring agency, the Planning
Board may act without such report. However, if the Planning Board
receives the report of the county planning agency after 30 days, but
prior to final action by the Planning Board, then the Planning Board
shall not act contrary to the recommendation by the county planning
agency, except by a vote of a majority plus one of all of the members
thereof.
B.
Power and authority. The Planning Board shall have full power and
authority to make such investigations, maps, reports and recommendations
relating to the planning and development of the Town or other matters,
as it deems desirable, or report back to the Town Board on other matters
referred to it as provided by Town Law § 271.14b or this
Code. The Planning Board shall have the power to act on any matter
on which the Planning Board is required or authorized to act by the
provisions of the Town Code or any actions of the Town Board, including:
(1)
Site plan review and approval. Pursuant to Town Law Article 16, § 274-a, and the provisions of Chapter 215 of the Town Code (Zoning), the Planning Board shall review all requests for site plan approval and approve the same. No building permit shall be issued by the Building Department unless and until the Planning Board has approved the site plan. The Building Department shall assist the Planning Board in its review of the site plan application and make recommendations as to modification and approval. It shall consider aesthetics and architectural design in its approval process, including the following:
(a)
To encourage good qualities of exterior design and appearance
and to relate such design and appearance to the site and its surroundings,
to encourage building design and appearance which are appropriate
to the site and its surroundings, and to prevent such designs and
appearance as are unnecessarily offensive to visual sensibilities,
the Planning Board has the authority to recommend changes to the architectural
design of buildings, the type of exterior building materials to be
incorporated, the percentage of glass within wall faces, the color
of buildings and other architectural features of individual buildings
or building groups to promote interesting building designs within
the Town and create places with character. Such recommendations can
include changes to "franchise architecture" or architecture which
is prototypical of a corporation or business. In acting on any recommendation
to a proposed project with respect to architectural review, the Planning
Board shall take into consideration the following:
[1]
The natural features of the site and its surroundings, exterior
design and the appearance of existing structures and the character
of the district and its peculiar suitability for particular purposes,
with a view to conserving the values of property and encouraging the
most appropriate use of land;
[2]
The building, if erected or altered, would be in harmony with
the purpose of this chapter; would not be visually offensive or inappropriate
by reason of poor quality of exterior design, excessive similarity
or striking visual discord in relation to the site surroundings; would
not impair the use, enjoyment and desirability or reduce the values
of properties in the area; would not be detrimental to the character
of the neighborhood; would not prevent the most appropriate development
and utilization of the site or of adjacent lands; and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the community;
[3]
Excessive similarity or striking dissimilarity to another structure
or structures located or proposed to be located on the same street
or within 150 feet of the site which would, if erected, provoke one
or more of the following effects:
[a]
Substantially identical or striking dissimilarity of facade
(disregarding color);
[b]
Substantially identical or striking dissimilarity of size and
arrangement of either doors, windows, porticoes, porches or other
opening breaks or extensions in the facade, including reverse arrangements;
[c]
Visual offensiveness or other poor qualities of exterior design
with respect to signs, harmony or discord of colors, or incompatibility
of the proper structure with the terrain on which it is to be located,
such as divergences of the height or levels of any part of the structure
from the finished grade level.
(b)
In recommending approval of any architectural design, the Planning
Board may recommend appropriate conditions and safeguards.
(c)
Pursuant to this section, the Planning Board may assign certain
of its members to an architectural review subcommittee, which shall
be responsible for reviewing the architectural design of buildings
and to report back to the whole Planning Board as to its recommendations.
A.
Recommendations. The Planning Board shall act upon any application
in a timely manner and report its recommendations to the Town Board
within a reasonable period of time, but no longer than 90 days without
good cause shown.
B.
Determinations on site plan review:
(1)
Time of determinations. Determinations by the Planning Board shall
be made within the time permitted by the applicable ordinance, law
or regulation giving jurisdiction to the Planning Board on the matter,
but not later than 62 days from the date of receipt of the completed
application, unless such time shall be further extended by the applicant.
(2)
Form of determination. The final determination on any matter before
the Planning Board shall be made by written order signed by the Chairperson.
(3)
Basis for determination. The Planning Board, in reaching said determination,
shall be guided by standards specified in the applicable ordinance,
law or regulation, as well as by community goals and policies as specified
in the Town's Comprehensive Plan.
(4)
Findings. The findings of the Planning Board may be based on evidence
submitted or the personal knowledge of the Planning Board to show
that:
(a)
It has made an intelligent review of the question.
(b)
It has considered all of the information or evidence.
(c)
It has heard all parties in question.
(d)
Any intimate knowledge it has of the subject under question
has been taken into account.
(e)
It has made a personal inspection of the parcel in question
and from this examination certain findings were ascertained.
(5)
Compliance with State Environmental Quality Review Act. The Planning
Board shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations as codified in 6 NYCRR 617.
(6)
Conflicts with other laws or regulations. In reviewing any application
on any matter, the standards in any applicable local law or ordinance
or state statute shall take precedence over the standards of these
rules whenever a conflict occurs. In all other instances, the more
restrictive rule shall apply.
(7)
Filing of determinations. Determinations of the Planning Board shall
be immediately filed in the office of the Town Clerk and shall be
a public record.
