[HISTORY: Adopted by the Board of Trustees of the Village
of Whitesboro 11-25-2019 by L.L. No. 4-2020[1]]
[1]
Editor's Note: This local law was also originally adopted
as Ch. 296 but was renumbered for organizational purposes.
A.
Title. This chapter shall be known as the "Village of Whitesboro
Zoning Board."
B.
Purposes. The primary purposes for the creation of a Zoning Board
include:
(1)
Creating a board which will be authorized to carry out several functions
pertaining to land use controls in the Village of Whitesboro, including
site plan reviews; subdivision of land; area and use variances; issuance
of special permits; interpretations; permit review(s) of Comprehensive
Plan; proposals of modifications of Zoning Law; recommended changes
to fee schedule; changes to Official Zoning Map; providing reports
to Village Board; and other functions set forth in the Code of the
Village of Whitesboro.
(2)
Facilitating applications pursuant to the Village Code by having
the authority to handle multiple issues concurrently, thus streamlining
the process required to obtain necessary determinations from the Village
for both residential and commercial applicants.
A.
Pursuant to Section 10 of the Municipal Home Rule Law, a board is
hereby created to carry out the purposes identified hereinbefore to
be known as the "Zoning Board."
B.
Composition; appointment; vacancies; term; alternates; compensation;
expenses.
(1)
The Zoning Board shall be composed of five members, each of whom
shall be a resident of the Village during their term of office as
a public officer for a five-year term.
(2)
Members, including a Chairperson and a Co-Chairperson, shall be appointed
by the Mayor, subject to the approval of the Board of Trustees. The
Co-Chairperson will act as Chairperson in the absence or inability
of the Chairperson.
(3)
Vacancies shall be filled by appointment of the Mayor to fill the
unexpired term of such member whose position is vacant.
(4)
The initial appointment of Board members shall each be for a five-year
term. At the expiration of the term of each member first appointed,
the successor (or such member if reappointed) shall be appointed for
a term of five years. Any member whose term is unfilled shall be replaced
by an appointee whose term shall expire on the date of the unexpired
term of such member whose position is being filled.
(5)
The Village Board may appoint up to two alternates to serve five-year
terms to substitute for members of the Zoning Board who are unable
to attend one or more meetings; and they may be compensated as the
Village Board may determine. Such members shall be expected to attend
and participate in all Board meetings but shall vote only if a regular
Board member is not present or is unable to vote. The chairpersons
shall establish a rotation system to determine which alternate shall
vote on any matters in the event both are in attendance but only one
regular member is not able to vote.
(6)
The system established for alternate member voting may be set forth in the bylaws provided for in § 72-2H.
(7)
Compensation. The Village Board may establish compensation of Zoning
Board members as part of the Village's annual budget and may
make an appropriation for the expenses of the Zoning Board to include
such items as employing a secretary, employing experts for its assistance,
including SEQRA matters, and for training for its members. Such authority
shall not diminish the authority or rights of the Board to require
an applicant to contribute to or pay for expert advice/testimony.
(8)
Expenses. Other payments for secretarial assistance, Article 78 proceedings,
or expert assistance fees and related expenses shall be paid from
any amounts budgeted by the Board of Trustees or as approved by the
Board of Trustees upon application of the Zoning Board and/or its
Chairperson.
C.
Appointment. Members and the Chairpersons of such board shall be
appointed by the Mayor subject to the approval of the Board of Trustees.
Vacancies shall be filled by appointment of the Mayor, except if the
vacancy pertains to a five-year term.
D.
(Reserved)
E.
Training.
(1)
Training and attendance requirements.
(a)
Each member of the Zoning Board shall complete, at a minimum,
four hours of training each year, designed to enable such members
to more effectively carry out their duties. Training received by a
member in excess of four hours in any one year may be carried over
by the member into succeeding years in order to meet the requirements
of this subsection. Such training shall be approved by the Board of
Trustees and may include, but not be limited to, training provided
by a municipality, regional or county planning office or commission,
county planning federation, state agency, statewide municipal association,
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.
(b)
To be eligible for reappointment to such board, such member
shall have completed the training promoted by the Village pursuant
to this subsection.
(c)
The training required by this subsection may be waived or modified
by resolution of the Board of Trustees when, in the judgment of the
Board of Trustees, it is in the best interest of the Village to do
so.
(d)
No decision of a Planning Board shall be voided or declared
invalid because of a failure to comply with this subsection.
F.
Removal. The Board of Trustees, after a public hearing, may remove
a Board member for cause. Cause shall include failure to attend 75%
of regular meetings unless excused by the Chairperson (or Mayor in
the case of the Chairperson's absence), failure to attend training
requirements set by paragraph 7-a of § 7-718 of the Village
Law (unless excused by the Chairperson (or Mayor in the case of the
Chairperson's absence) or other cases of cause which is determined
by a vote of 80% of the Board of Trustees. The Mayor shall preside
over any such hearing. The vote shall be cast publicly.
G.
Chairperson duties. The Chairperson, or Co-Chairperson in the absence
of the Chairperson, shall call all meetings of the Board and shall
schedule training as appointments for Board members, including online
training. The Chairperson shall report training participation for
each member on an annual basis, and such report shall be filed with
the Village Clerk by April 30.
H.
Bylaws. The Zoning Board shall establish bylaws with respect to the
rules and regulations of motion to be heard by the Board to include
application procedure; meeting process. The bylaws should be reviewed
and approved on the first meeting of each fiscal year.
A.
Intention. The Zoning Board is being created with the intention of
consolidating the powers and authority of the former Planning Board
and the Zoning Board of Appeals in order to expedite the process of
decision making with regards to land use planning and decision making.
B.
The Zoning Board is granted authority to handle the following matters:
(1)
Site plan reviews. The Zoning Board is hereby substituted for the Planning Board in all respects with regards to Chapter 223 (Site Plan Review) of the Village Code, including all responsibilities and powers set forth and granted thereby.
(2)
Subdivision of land. The Zoning Board is hereby substituted for the Planning Board with regards to Chapter 250 (Subdivision of Land) of the Village Code, including all responsibilities and powers set forth and granted thereby.
(3)
Telecommunications facilities. The Zoning Board is hereby substituted for the Planning Board with regards to Chapter 262 (Telecommunications Facilities) of the Village Code, including all responsibilities and powers set forth and granted thereby.
