A.
Appointment; authority. The provisions of this chapter shall be administered
and enforced by the Zoning Enforcement Officer, who shall be appointed
by the Village Board of Trustees and who shall serve at its pleasure.
The Zoning Enforcement Officer shall have the power to make inspections
of buildings or lot necessary to carry out his or her duties in the
enforcement of this chapter. The Village Board of Trustees may appoint
a Deputy Zoning Enforcement Officer to exercise any or all of the
duties of the Zoning Enforcement Officer.
B.
Duties.
(1)
The Zoning Enforcement Officer shall not issue a permit for the construction
of any building or use of any property unless such building or use
conforms to all other laws and ordinances of the Village.
(2)
The Zoning Enforcement Officer shall maintain files, open to the
public, of all applications for certificates of occupancy and building
permits along with plans submitted therewith as well as final certificates
and permits.
(3)
The Zoning Enforcement Officer shall also maintain records, open
to the public, of every complaint of a violation of the provisions
of this chapter as well as action taken as a result of such complaints.
(4)
The Zoning Enforcement Officer shall submit to the Village Board
of Trustees, for insertion in the Board minutes, a written report
summarizing for the month all building permits and certificates of
occupancy issued as well as complaints of violations and action taken
as a result of such complaints.
A.
Appointment of members. Each Village Board of Trustees which adopts
a local law and any amendments thereto pursuant to the powers granted
by this chapter shall create a Board of Appeals consisting of three
or five members as shall be determined by such local law. In the absence
of a Chairperson, the Board of Appeals may designate a member to serve
as Acting Chairperson. In making such appointment, the Village Board
of Trustees may require Board of Appeals members to complete training
and continuing education courses in accordance with any local requirements
for the training of such members. The Village Board of Trustees may,
as part of the local law creating said Board of Appeals, provide for
the compensation of Board of Appeals members. The Village Board of
Trustees may provide for compensation to be paid to experts, clerks
and a secretary and provide for such other expenses as may be necessary
and proper, not exceeding the appropriation made by the Village Board
of Trustees for such purpose.
B.
Board of Trustees ineligible. No person who is a member of the Village
Board of Trustees shall be eligible for membership on such Board of
Appeals.
C.
Terms of members first appointed. In the creation of a new Board
of Appeals, or the reestablishment of terms of an existing Board of
Appeals, the appointment of members to the Board of Appeals shall
be of terms so fixed that one member's term shall expire at the end
of the Village official year in which such members were initially
appointed. The remaining members' terms shall be so fixed that one
member's term shall expire at the end of each official year thereafter.
At the expiration of each original member's appointment, the replacement
member shall be appointed by the Village Board of Trustees for a term
which shall be equal in years to the number of members of the Board
of Appeals.
D.
Terms of members now in office. Members now holding office for terms
which do not expire at the end of the Village official year shall,
upon the expiration of their term, hold office until the end of the
Village official year, and their successors shall then be appointed
for terms which shall be equal in years to the number of members of
the Board of Appeals.
E.
Increasing membership. The Village Board of Trustees may, by local
law, increase a three-member Board of Appeals to five members. Additional
members shall be first appointed for single terms as provided by resolution
in order that the terms of members shall expire in each of five successive
years, and their successors shall thereafter be appointed for full
terms of five years. No such additional member shall take part in
the consideration of any matter for which an application was on file
with the Board of Appeals at the time of his or her appointment.
F.
Decreasing membership. When the Village Board of Trustees has increased
the number of members of the Board of Appeals to five, it may, by
local law, decrease the number of members of the Board of Appeals
to three to take effect upon the next two expirations of terms.
G.
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Village Board of Trustees shall appoint the new member
for the unexpired term.
H.
Removal of members. The Village Board of Trustees shall have the
power to remove, after public hearing, any member of the Board of
Appeals for cause. Any Board of Appeals member may be removed for
noncompliance with minimum requirements relating to meeting attendance
and training as established by the Village Board of Trustees by local
law.
I.
Chairperson duties. All meetings of the Board of Appeals shall be
held at the call of the Chairperson and at such other times as such
Board of Appeals may determine. Such Chairperson or, in his or her
absence, the Acting Chairperson may administer oaths and compel the
attendance of witnesses.
J.
Alternate members.
(1)
The Village Board of Trustees may, by local law or as a part of the
local law creating the Board of Appeals, establish alternate Board
of Appeals member positions for purposes of substituting for a member
in the event that such member is unable to participate because of
a conflict of interest. Alternate members of the Board of Appeals
shall be appointed by the Village Board of Trustees, for terms established
by the Village Board of Trustees.
(2)
The Chairperson of the Board of Appeals may designate an alternate
member to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Board of Appeals. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the
Board of Appeals. Such designation shall be entered into the minutes
of the initial Board of Appeals meeting at which the substitution
is made.
(3)
All provisions of this section relating to Board of Appeals member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal and service
on other boards shall also apply to alternate members.
K.
Board of Appeals procedure.
(1)
Meetings, minutes, records. Meetings of such Board of Appeals shall
be open to the public to the extent provided in Article 7 of the Public
Officers Law. Such Board of Appeals shall keep minutes of its 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 its examinations and other official actions.
(2)
Filing requirements. Every rule, regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Board of Appeals shall be filed in the office of the Village Clerk
within five business days and shall be a public record.
(3)
Assistance to Board of Appeals. Such Board of Appeals shall have
the authority to call upon any department, agency or employee of the
Village for such assistance as shall be deemed necessary and as shall
be authorized by the Village Board of Trustees. Such department, agency
or employee may be reimbursed for any expenses incurred as a result
of such assistance.
(4)
Hearing appeals. Unless otherwise provided by local law, the jurisdiction
of the Board of Appeals shall be appellate only and shall be limited
to hearing and deciding appeals from and reviewing any order, requirement,
decision, interpretation or determination made by the administrative
official charged with the enforcement of any local law adopted pursuant
to this chapter. The concurring vote of a majority of the members
of the Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official or to
grant a use variance or area variance. Such appeal may be taken by
any person aggrieved, or by an officer, department, board or bureau
of the Village.
(5)
Time of appeal. Such appeal shall be taken within 60 days after the
filing in the Village Clerk's office of any order, requirement, decision,
interpretation or determination of the administrative official charged
with the enforcement of such local law by filing with such administrative
official and with the Board of Appeals a notice of appeal, specifying
the grounds thereof and the relief sought. The administrative official
from whom the appeal is taken shall forthwith transmit to the Board
of Appeals all the papers constituting the record upon which the action
appealed from was taken.
(6)
Filing of decision; notice prior to hearing; SEQRA compliance.
(a)
The decision of the Board of Appeals on the appeal shall be
filed in the office of the Village Clerk within five business days
after the day such decision is rendered, and a copy thereof mailed
to the applicant.
(b)
At least five days before such hearing, the Board of Appeals
shall mail notices thereof to the parties, to the regional State Park
Commission having jurisdiction over any state park or parkway within
500 feet of the property affected by such appeal, and to the County
Planning Board or agency or the regional planning council as required
by § 239-m of the General Municipal Law, which notice shall
be accompanied by a full statement of such proposed action, as defined
in Subdivision 1 of § 239-m of the General Municipal Law.
(c)
The Board of Appeals 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 Title
6, Part 617, of the New York Codes, Rules and Regulations.
A.
Creation and appointment.
(1)
Authorization. The Village Board of Trustees is authorized to create
a Planning Board consisting of five or seven members. Members and
the Chairperson of such Planning Board shall be appointed by the Village
Board of Trustees. In the absence of a Chairperson, the Planning Board
may designate a member to serve as Chairperson. The Village Board
of Trustees may, as part of the local law creating said Planning Board,
provide for the compensation of Planning Board members. In making
such appointments, the Village Board of Trustees may require Planning
Board members to complete training and continuing education courses
in accordance with any local requirements for the training of such
members.
(2)
Appropriation for expenses. The Village Board of Trustees is hereby
authorized and empowered to make such appropriation as it may see
fit for Planning Board expenses. The Planning Board shall have the
power and authority to employ experts, clerks and a secretary and
to pay for their services, and to provide for such other expenses
as may be necessary and proper, not exceeding the appropriation that
may be made therefor by the Village Board of Trustees for such Planning
Board.
(3)
Village Board of Trustees ineligible. No person who is a member of
the Village Board of Trustees shall be eligible for membership on
such Planning Board.
(4)
Terms of members first appointed. The terms of members of the Planning
Board first appointed shall be so fixed that the term of one member
shall expire at the end of the Village official year in which such
members were initially appointed. The terms of the remaining members
first appointed shall be so fixed that one term shall expire at the
end of each official year thereafter. At the expiration of the term
of each member first appointed, his or her successor shall be appointed
for a term which shall be equal in years to the number of members
of the Planning Board.
(5)
Terms of members now in office. Members now holding office for terms
which do not expire at the end of the Village official year shall,
upon the expiration of their term, hold office until the end of the
Village official year, and their successors shall then be appointed
for terms which shall be equal to five years.
(6)
Increasing membership. The Village Board of Trustees may, by local
law, increase a five-member Planning Board to seven members. If two
new members are appointed in the same year, the first shall be appointed
to a four-year term, and the second to a five-year term. No such additional
member shall take part in the consideration of any matter for which
an application was on file with the Planning Board at the time of
his or her appointment.
(7)
Decreasing membership. A Village Board of Trustees which has seven
members on the Planning Board may, by local law, decrease the membership
to five, to take effect upon the next two expirations of terms. However,
no incumbent shall be removed from office except upon the expiration
of his or her term, except as hereinafter provided.
(8)
Vacancy in office. If a vacancy shall occur otherwise than by expiration
of term, the Village Board of Trustees shall appoint the new member
for the unexpired term.
(9)
Removal of members. The Village Board of Trustees shall have the
power to remove, after public hearing, any member of the Planning
Board for cause. Any Planning Board member may be removed for noncompliance
with minimum requirements relating to meeting attendance and training
as established by the Village Board of Trustees by local law.
B.
Chairperson duties. All meetings of the Planning Board shall be held
at the call of the Chairperson and at such other times as such Planning
Board may determine. Such Chairperson, or in his or her absence, the
Acting Chairperson, may administer oaths and compel the attendance
of witnesses.
C.
Appointment of agricultural member. Notwithstanding any provisions
of this chapter or any general, special or local law, the Village
Board of Trustees may, if an agricultural district created pursuant
to § 303 of Article 25-AA of the Agriculture and Markets
Law exists wholly or partly within the boundaries of such Village,
include on the Planning Board one or more members each of whom derives
an annual gross income of $10,000 or more from agricultural pursuits
in said Village. As used in this subsection, the term "agricultural
pursuits" means the production of crops, livestock and livestock products,
agricultural products, and woodland products as defined in § 301
of the Agriculture and Markets Law.
D.
Service on other planning boards. No person shall be disqualified
from serving as a member of the Village Planning Board by reason of
serving as a member of the town or county planning agency.
E.
Rules and regulations. The Planning Board may recommend to the Village
Board of Trustees regulations relating to any subject matter over
which the Planning Board has jurisdiction under this chapter or any
other statute, or under any local law of the Village. Adoption of
any such recommendations by the Village Board of Trustees shall be
by local law.
F.
Report on referred matters; general reports.
(1)
The Village Board of Trustees may seek input from the Planning Board
where its input would help the Trustees make a more informed decision.
The Village Board of Trustees may by resolution provide for the reference
of any matter or class of matters, other than those referred to in
subdivision 10 of this section, to the Planning Board before final
action is taken thereon by the Village Board of Trustees or other
office or officer of said Village having final authority over said
matter. The Village Board of Trustees may further stipulate that final
action thereon shall not be taken until the Planning Board has submitted
its report thereon, or has had a reasonable time, to be fixed by the
Village Board of Trustees in said resolution, to submit the report.
(2)
The Planning Board may review and make recommendations on a proposed
Village comprehensive plan or amendment thereto. In addition, the
Planning Board shall have the full power and authority to make investigations,
maps, reports and recommendations in connection therewith relating
to the planning and development of the Village as it seems desirable,
provided that the total expenditures of said Planning Board shall
not exceed the appropriation provided therefor.
G.
Planning Commission. When a Planning Commission is created under
Article 12-A of the General Municipal Law, the Village Board of Trustees,
instead of authorizing the appointment of a Planning Board under this
chapter, may provide that the existing Commission shall continue,
the members thereof thereafter to be appointed in accordance with
the provisions of such Article 12-A, and to have the powers and duties
as specified for a Planning Board appointed under this chapter; provided,
however, that in the Village § 238 of the General Municipal
Law shall not be in force.
H.
Alternate members.
(1)
The Village Board of Trustees may, by local law or as a part of the
local law creating the Planning Board, establish alternate Planning
Board member positions for purposes of substituting for a member in
the event that such member is unable to participate because of a conflict
of interest. Alternate members of the Planning Board shall be appointed
by the Village Board of Trustees, subject to the approval of the Village
Board of Trustees, for terms established by the Village Board of Trustees.
(2)
The Chairperson of the Planning Board may designate an alternate
member to substitute for a member when such member is unable to participate
because of a conflict of interest on an application or matter before
the Planning Board. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the
Planning Board. Such designation shall be entered into the minutes
of the initial Planning Board meeting at which the substitution is
made.
(3)
All provisions of this section relating to Planning Board member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal and service
on other Planning Boards shall also apply to alternate members.