Direct responsibility for the administration and enforcement
of the provisions of this chapter shall be vested in the Code Enforcement
Officer, Village 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 Village, the Village Board shall have the
following powers and duties:
A.
Text amendments. The Village Board shall be responsible for reviewing
text amendment applications and for taking final action to approve,
approve with modifications or deny such applications.
B.
Map amendments. The Village Board shall be responsible for reviewing
map amendment (rezoning) applications and for taking final action
to approve, approve with conditions or deny such applications.
A.
Membership.
(1)
Appointment. The Planning Board shall consist of five members appointed
by the Mayor, subject to the approval of the Village Board of Trustees.
(2)
Board composition. All members of the Planning Board shall be residents
of the Village of Sylvan Beach.
(3)
Compensation. All members of the Planning Board may serve with compensation
as determined by the Village Board and shall be entitled, to the extent
of available funds appropriated, to reimbursement for reasonable expenses
necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Planning Board shall be filled
by the Mayor.
(5)
Mandatory training. All members of the Planning Board shall be required
to attend at least eight hours of training regarding municipal planning,
land use and environmental issues during their first year on the Board.
For each subsequent year, the Planning Board members shall be required
to attend four hours of such training. All training shall be relevant
to the member's powers or duties on the Planning Board and sponsored
by the New York Planning Federation, State of New York or any political
subdivision thereof, or any session approved by the Planning Board
Chairperson and Code Enforcement Officer.
(6)
Removal.
(a)
Any member of the Planning Board may be removed for cause by
the Village Board at any time; provided, however, that before any
such removal, such member shall be given an opportunity to be heard
in his or her own defense at a public meeting. Cause for removal of
a member may include one or more of the following:
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes or rules applicable to the member's
performance of his or her duties;
[3]
Any unwillingness or inability to carry out his or her duties
in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity or objectivity
of the member in performing his or her duties or any other specific
conduct of the member found by the Village Board to be detrimental
to the proper functioning of the Board.
(b)
No member who has been removed for cause shall be reappointed.
B.
Chairperson. The Mayor, subject to the Village Board of Trustees'
approval, shall appoint one of the Planning Board members as Chairperson,
to preside at all meetings and hearings and to fulfill the customary
functions of that office. In the absence of a Chairperson, the Planning
Board may designate a member to serve as Chairperson.
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.
(3)
The Village Clerk 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. As to any matter requiring a hearing before the Planning
Board, no business shall be transacted by the Board without three
members of the Board being present. The concurring vote of at least
three members shall be necessary for any action by the Board.
(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.
(3)
Voting. 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 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 Planning Board shall be held as
provided for in the Planning Board bylaws.
(2)
Hearings. All meetings and hearings of the Planning Board shall be
open to the public.
(3)
Rules of order. The Planning Board shall follow the rules and procedures
for meetings as provided for herein and by the Planning Board bylaws.
F.
Planning Board bylaws or rules. The Planning Board shall prepare
and adopt bylaws and/or rules from time to time that address design
guidelines, public input procedures, administrative procedures and
development review process. Such bylaws shall be adopted by resolution
following a public hearing by the Planning Board and following acceptance
by resolution of the Village Board. Design guidelines shall also be
approved by Village Board resolution.
G.
Record and decisions.
(2)
Decisions. The Planning Board may rely on the personal knowledge
of its members, testimony at the public hearings, on its inspections
of the property and on any reports available to it. Every decision
of the Planning Board shall be by resolution and shall expressly set
forth any limitations or conditions imposed or use authorized.
(3)
Final decision. Decisions of the Planning Board shall first present
findings and conclusions at a meeting open to the public and shall
state any special circumstances or conditions. Decisions of the Board
shall be final upon adoption of the minutes and/or resolution of Planning
Board by a majority of the members of the Planning Board and the filing
of the minutes and/or resolution with the Office of the Village Clerk.
(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 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 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 five business days following the
final 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 Village 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 Planning Board shall participate in the
hearing or disposition of any matter in which he or she has an economic
interest. Any conflict of interest prohibited by Article 18 of the
General Municipal Law shall disqualify a member.
I.
Appeals. An appeal from any final decision of the Planning Board
may be taken within 30 days of the filing of such decision by any
person aggrieved or by any authorized officer, Code Enforcement Officer
or board of the Village in accordance with Article 78 of the New York
Civil Practice Law and Rules.
J.
Jurisdiction and authority. The Planning Board shall have the following
jurisdiction and authority:
(1)
To review and recommend on matters relevant to the Comprehensive
Plan.
(2)
To hear, review and offer its recommendations to the Zoning Board of Appeals for special use permit approval, subject to the provisions of § 136-78.
(3)
To hear, review and finally decide applications for site plan review, subject to the provisions of § 136-76.
(4)
To investigate and report its recommendations with respect to any
proposed change or amendment in the Zoning Code or regulations of
said Village and to pass upon any other matters which may from time
to time be referred to it by the Village Board or the Zoning Board
of Appeals.
A.
Membership.
(1)
Appointment.
(a)
The Zoning Board of Appeals shall consist of five members appointed
by the Mayor and subject to the approval of the Village Board of Trustees.
(b)
All provisions of state law relating to Zoning Board of Appeals
member eligibility, vacancy in office, removal, compatibility of office
and service on other boards, as well as any provisions of a local
law/local code relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
(2)
Board composition. All members of the Zoning Board of Appeals shall
be residents of the Village of Sylvan Beach and shall not be officers
or employees of the Village or any of its agencies or departments.
(3)
Compensation. All members of the Zoning Board of Appeals may serve
with compensation as determined by the Village Board and shall be
entitled, to the extent of available funds appropriated, to reimbursement
for reasonable expenses necessarily incurred in the performance of
their duties.
(4)
Vacancies. Permanent vacancies on the Zoning Board of Appeals shall
be filled by the Mayor.
(5)
Mandatory training. All members of the Zoning Board of Appeals shall
be required to attend at least eight hours of training regarding zoning,
land use and environmental issues during their first year on the Board.
For each subsequent term, the Zoning Board members shall be required
to attend four hours of such training. All training shall be relevant
to the member's powers or duties on the Zoning Board of Appeals
and sponsored by the New York Planning Federation, State of New York
or any political subdivision thereof, or any session approved by the
Zoning Board Chairperson and Code Enforcement Officer.
(6)
Removal.
(a)
Any member of the Zoning Board of Appeals may be removed for
cause by the Village Board at any time; provided, however, that before
any such removal, such member shall be given an opportunity to be
heard in his or her own defense at a public meeting. Cause for removal
of a member may include one or more of the following:
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes or rules applicable to the member's
performance of his or her duties;
[3]
Any unwillingness or inability to carry out his or her duties
in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity or objectivity
of the member in performing his or her duties or any other specific
conduct of the member found by the Village Board to be detrimental
to the proper functioning of the Board.
(b)
No member who has been removed for cause shall be reappointed.
B.
Chairperson. The Mayor shall appoint one of the Zoning Board of Appeals
members as Chairperson to preside at all meetings and hearings and
to fulfill the customary functions of that office. In the absence
of the Chairperson, the Zoning Board of Appeals may designate a member
to serve as Chairperson.
C.
Zoning Board of Appeals Secretary and public record.
(1)
The Zoning Board of Appeals 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.
D.
Voting procedures.
(1)
Quorum. As to any matter requiring a hearing before the Zoning Board
of Appeals, no business shall be transacted by the Board without three
members of the Board being present. The concurring vote of three members
shall be necessary for any action by the Board.
(2)
Deliberation. As to any matter not requiring a hearing, the Zoning
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.
(3)
Voting. 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 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, or at
the request of the Village Board.
(2)
Hearings. All meetings and hearings of the Zoning Board of Appeals
shall be open to the public.
(3)
Rules of order. The Zoning Board of Appeals shall follow the rules
and procedures for meetings as provided for herein and by the Zoning
Board of Appeals bylaws.
F.
Zoning Board of Appeals bylaws. The Zoning Board of Appeals shall
prepare and adopt bylaws from time to time that address operating
rules, public input procedures, and administrative procedures and
standards. Such bylaws shall be adopted by resolution following a
public hearing by the Zoning Board of Appeals and acceptance by resolution
of the Village Board.
G.
Record and decisions.
(2)
Decisions. 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. Every decision of the Zoning Board
of Appeals shall be by resolution and shall expressly set forth any
limitations or conditions imposed or any relief approved, work or
use authorized.
(3)
Final decision. Decisions of the Zoning Board of Appeals shall first
present findings and conclusions at a meeting open to the public and
shall state any special circumstances or conditions. Decisions shall
be final upon adoption of the minutes and/or resolution of the Board
by a majority of the members and the filing of the minutes and/or
resolution with the Office of the Village Clerk.
(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 five business days following the
final decision of the Zoning Board of Appeals, the Village Clerk shall
mail notice thereof to each person entitled to such notice and file
such decision in the office of the Village 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 has
an economic interest. Any conflict of interest prohibited by Article
18 of the General Municipal Law shall disqualify a member.
I.
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, Code Enforcement
Officer or board of the Village in accordance with Article 78 of the
New York Civil Practice Law and Rules.
J.
Jurisdiction and authority. The Zoning Board of Appeals shall have
the following jurisdiction and authority:
(1)
To hear and decide appeals from, and review orders, decisions or
determinations made by, the Code Enforcement Officer.
(2)
To approve or deny variances from the requirements of this chapter.
(3)
To hear, review and finally decide applications for special use permit
approval.
(4)
To reverse or affirm, wholly or partly, or modify the order, requirement,
decision, interpretation or determination appealed from, and the Board
shall make such order, requirement, decision, interpretation or determination
as in its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of such code or local law and
to that end shall have all the powers of the administrative official
from whose order, requirement, decision, interpretation or determination
the appeal is taken.
The Code Enforcement Officer shall have the following powers
and duties:
A.
Submit an annual report to the Village Board listing all applications
received, inspections made, referrals and action taken on each. Copies
of this report shall be transmitted to the Zoning Board of Appeals
and Planning Board at the same time.
B.
Cause any plans, buildings or premises to be examined or inspected
to determine compliance with the provisions of this chapter. In the
fulfillment of these duties, he or she shall be authorized to enter
any premises or building at a reasonable time and upon reasonable
notice to determine whether or not the same is in violation of this
chapter and may impose such reasonable conditions as may be deemed
necessary to ensure compliance, including but not limited to the posting
of securities.
C.
Provide the Zoning Board of Appeals, in writing, with all facts pertaining
to the refusal to issue development permits and certificates when
such information is requested by the Board; for denied development
permits provide, in writing, the specific reasons for denial and instruct
the applicant on the proper methods to apply for relief.
D.
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;
removal of illegal buildings or structures, or of illegal additions,
alterations or structural changes; stop work 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.
E.
On the serving of the notice by the Code Enforcement Officer to the
owner of any property in violation of any of the provisions of this
chapter, the certificate of compliance for such building or use shall
be held null and void. A new certificate of compliance shall be required
for any further use of such building or premises.
F.
Issue appearance tickets pursuant to § 150.20 of the New
York State Criminal Procedure Law.
