The Planning Board shall have the following jurisdiction and
authority:
A. To review and make recommendations on studies, amendments, or other
matters relevant to the Town of Busti Comprehensive Plan; and matters
relating to the planning and development of the Town of Busti as it
seems desirable, provided that the total expenditures of the Planning
Board shall not exceed the appropriations therefor.
B. To hear, review and offer its recommendations to the Zoning Board
of Appeals when required or requested for variances.
C. To hear, review and finally decide all applications for site plan
review with the exception of commercial projects involving over 5,000
square feet of floor space, residential projects involving more than
five residential units, and Tier 3 and 4 solar projects.
D. To hear, review, and finally decide all applications for special
use permits with the exception of commercial projects involving over
5,000 square feet of floor space, residential projects involving more
than five residential units, and Tier 3 and 4 solar projects.
E. To hear, review, and finally decide applications for subdivision.
F. To investigate and report its recommendations to the Town Board with
respect to any proposed study or amendment in the Zoning Law or other
land use regulations of the Town of Busti, the subject matter of which,
is within the jurisdiction of the Planning Board pursuant to this
chapter or state law or other local law or ordinance of the Town.
G. To review and report upon any matter referred to it by the Town Board
pursuant to § 271(14) of the New York State Town Law or
the Zoning Board of Appeals, provided such referral by the Zoning
Board of Appeals is authorized by law.
H. To exercise any other powers and carry out any other duties as are
authorized by law.
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 New York State
General Municipal Law shall disqualify a member.
Any person or persons, jointly or severally aggrieved by any
final decision of the Planning Board, may apply to the New York State
Supreme Court for review by a proceeding under Article 78 of the New
York Civil Practice Law and Rules. Such proceeding shall be instituted
within 30 days after the filing of the decision of the Planning Board
in the office of the Town Clerk.