In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the public safety, convenience, prosperity and
general welfare of the Town and its inhabitants.
A.
Codes Enforcement Officer. The provisions of this
chapter shall be administered and enforced by the Codes Enforcement
Officer, who shall have the power to make inspections of buildings
and premises necessary to carry out his or her duties in the enforcement
of this chapter.
B.
Duties. It shall be the duty of the Codes Enforcement
Officer to keep a record of all applications for permits and a record
of all permits issued with a notation of all special conditions involved.
He shall file and safely keep copies of all plans submitted, and the
same shall form a part of the records of his office and shall be available
for use of Town or other officials. The Codes Enforcement Officer
shall not issue a permit for the construction of any building or use
of any property unless such building or use conforms with all other
provisions of this chapter, Code, laws, ordinances, rules and regulations
of the Town, the laws of the State of New York and such other political
entity having jurisdiction over the subject matter.
A.
No building or structure shall be erected, added to or structurally altered until a building permit has been issued by the Codes Enforcement Officer pursuant to Chapter 59, Building Construction and Fire Prevention. Sheds and playscapes under 144 square feet do not require a building permit, but must conform to setback requirements.
[Amended 12-13-2000 by Ord. No. 5-2000; 11-17-2021 by L.L. No. 9-2021]
B.
The Codes Enforcement Officer shall in no case grant
any building permit for any building or structure which does not comply
with the provisions of this chapter, and where approval of the Planning
Board or the Board of Appeals is required, only upon written order
of such Board.
A.
No building or other structure hereafter erected, altered, extended, enlarged or restored shall be used or occupied or changed in use until the provisions of Chapter 59, Building Construction and Fire Prevention, rules and regulations of the Town, the laws of the State of New York and the ordinances, laws, rules and regulations of any other political entity having jurisdiction over the subject matter.
B.
The use of a building or premises shall not be deemed
to have changed because of temporary vacancy or change of ownership
or tenancy.
A Board of Appeals is hereby established and
shall have all the powers and duties in accordance with the provisions
of the Town Law applicable thereto.
The Board of Appeals shall consist of five members
appointed by the Town Board in accordance with § 267 of
the Town Law.
Such Board of Appeals shall, consistent with
the Town Law, determine its own rules and procedures, and all of its
deliberations, resolutions and orders shall be in accordance therewith.
A.
The Board shall have the power to review any order
or decision of the Codes Enforcement Officer. However, when a proposed
site plan or proposed special use permit contains one or more features
which do not comply with this chapter, the Zoning Board may entertain
an area variance application relating thereto, without the necessity
of a determination of the Codes Enforcement Officer. When a proposed
subdivision plat contains one or more lots which do not comply with
this chapter, the Zoning Board may entertain an application for an
area variance without the necessity of a decision or determination
of the Codes Enforcement Officer. However, in reviewing a variance
application for a subdivision, the Zoning Board of Appeals shall request
the Planning Board to provide a written recommendation concerning
the proposed variance.
B.
The Zoning Board of Appeals may, in a specific case
and after due notice and public hearing and subject to appropriate
conditions and safeguards, determine and vary the application of the
regulations of this chapter in harmony with their general purpose
and intent in accordance with the provisions and standards of the
Town Law.
[Amended 6-23-1993 by Ord. No. 5-1993]
[Added 8-12-2015 by L.L.
No. 2-2015]
A.
The Town Board of the Town of Manlius recognizes that many present-day
development, planning, zoning and subdivision matters requiring Town
Planning Board review require education, expertise and detailed review.
A seven-member Planning Board provides the opportunity for more diverse
geographical and experiential input to land use planning in the Town
of Manlius.
B.
In addition, although Town Law § 271 provides authority
for appointment by the Town Board of a chairperson, recording secretary
and professional consultants, no specific policies have previously
been established by the Town of Manlius in this regard.
C.
In order to address member illnesses, absences, conflicts of interest
and the like, the Town Board may appoint by resolution up to two alternate
member positions to serve not only in the case of a conflict of interest
(as specifically permitted under Town Law § 271) but also
to address situations where illness, incapacity or absence require
that an alternate member serve.
D.
The State of New York recognized the importance of both meeting attendance
and training in Planning Board statute (§ 271 of the Town
Law). Accordingly, it is also the purpose of this chapter to encourage
Planning Board members to attend their respective Board meetings and
to obtain training and education to enhance their ability to carry
out their official duties. Last, it is the intention of the Town Board
that specific written policies and procedures be established and applied
by the Planning Board in order to promote fairness, uniformity and
economy in administration.
[Added 8-12-2015 by L.L.
No. 2-2015]
The Planning Board of the Town of Manlius establishes a Planning
Board that shall hereafter be comprised of seven members upon the
adoption of this section. All currently serving members terms shall
expire as scheduled. Each and every decision previously made by the
Planning Board remains, continues, and is hereby ratified and recognized
as valid under the Code of the Town of Manlius and the laws of the
State of New York.
[Added 8-12-2015 by L.L.
No. 2-2015]
At the first meeting of each calendar year the Planning Board
shall consider (or reconsider, as the case may be) the appointment
of its Attorney, Engineer and Recording Secretary and may also consider,
as applicable, the interim appointment or reappointment of an Acting
Chairperson. Otherwise, annually at the Town Board's organizational
meeting, or within 30 days thereafter, the Town Board shall appoint
a Chairperson. Upon failure of the Town Board to appoint such Chairperson
within 30 days of such organizational meeting, the Planning Board
may designate the interim Acting Chairperson to serve for the remainder
of the calendar year or until the Town Board makes such appointment,
whichever date is earlier. All meetings of the Planning Board shall
be held at the call of the Chairperson.
[Added 8-12-2015 by L.L.
No. 2-2015]
The position of alternate Planning Board member is hereby established
for the purposes of substituting for any Planning Board member unable
to participate for any reason. Two such alternate Planning Board members
may be appointed by, and for terms not to exceed five years as established
by, the Town Board by resolution. Alternate Planning Board members
shall actively serve upon appointment to the Planning Board, which
appointment resolution shall include a finding that the requisite
rationale exists and that the proposed alternate Planning Board member
has expressed a willingness and ability to educate himself or herself
on all proceedings prior to the date of appointment which he or she
shall be required to consider.
[Added 8-12-2015 by L.L.
No. 2-2015]
A.
Each member (including alternate members) of the Planning Board shall
be required to attend a minimum of 75% of Planning Board meetings
held within a calendar year.
B.
Each member of the Planning Board shall complete, at a minimum, four
hours of training during each calendar year, designed to enable such
members to more effectively carry out their duties. If the first year
of a member's term does not include a complete calendar year, the
Town Board, at the time of appointment, shall determine the number
of hours of training required for such partial calendar year. Up to
two hours of training received by a member in excess of four hours
in any one calendar year may be carried over by the member into the
succeeding year in order to meet the requirements herein. Such training
shall be approved in advance by the Town Board and may include, but
not be limited to, training provided by a municipality, regional,
state or county planning federation, state agency, statewide municipal
association or federation, college or other similar entity. Training
may be provided in a variety of formats, including, but not limited
to, electronic media, video, distance learning and traditional classroom
training. The cost of such seminars, workshops or continuing education
courses or other types of training so designated shall be a Town charge.
The Town Board, after discussion with the Chairperson of the Planning
Board, shall each year designate and approve in advance such seminars,
workshops, continuing education courses or other types of training
which may be offered within a reasonable distance. The training required
herein may be waived or modified by resolution of the Town Board when,
in the judgment of the Town Board, it is in the best interests of
the Town to do so.
C.
No decision of a Planning Board shall be voided or declared invalid
because of a failure to comply with this section.
D.
To be eligible for reappointment to the Planning Board, a member
shall have completed the training required herein and shall have attended
the required percentage of meetings as provided herein. Noncompliance
with either the training requirements or the attendance requirements
shall be a proper cause for removal of a member.
E.
The Town Board shall have full discretion and authority to decide
whether or not to remove such member from the Planning Board for a
failure to comply with the attendance or training requirements. The
Town Board shall consider whatever factors it believes to be relevant
in making the determination, including the reasons for the failure
to obtain such training or for the absences from meetings, but the
Town Board shall not be required to accept any proffered excuse or
reason for nonattendance or reason for such failure or failures but
shall act as it sees reasonably fit in light of the circumstances
surrounding the cause or causes for removal. Removal of a member from
office shall be preceded by delivery of a written notification of
noncompliance, together with an offer of a public hearing on the matter.
[Added 8-12-2015 by L.L.
No. 2-2015]
The Planning Board shall promulgate such specific written rules,
regulations and procedures as are reasonably necessary to administer
the duties and responsibilities delegated to it hereunder pursuant
to statute, local law, ordinance or Town Board resolution. Pursuant
to Town Law § 271, as may be amended from time to time,
such rules, regulations and procedures promulgated by the Planning
Board hereunder may be adopted only after public hearing and are subject
to the provisions, including any restrictions, in this chapter and
to final approval by the Town Board; and same shall thereafter become
effective upon filing in the Town Clerk's office.
[Added 8-12-2015 by L.L.
No. 2-2015]
The Planning Board is authorized with and to have and perform
all duties and powers identified in Article 16 of the Town Law, including,
without limitation, § 271, as it may from time to time be
amended, subject to the provisions hereof.
