[HISTORY: Adopted by the Town Board of the
Town of West Seneca as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-4-1952]
Pursuant to the provisions of Section 271 of
the Town Law, a Planning Board to consist of seven members is hereby
created in the name and style of "Planning Board, Town of West Seneca."
The members first appointed shall be appointed for terms of one, two,
three, four, five, six and seven years as designated in their appointments.
The Planning Board shall have all the powers granted by the Town Law,
and the members thereof shall elect their own Chairman.
[Added 2-14-1961; amended 6-20-2022 by L.L. No. 9-2022]
Members of the Planning Board who are absent
from three consecutive Planning Board meetings or greater than 30%
of the total number of meetings in any calendar year may be removed
by the Town Board after notice and a public hearing.
[Added 2-14-1961]
Pursuant to Article 16 of the Town Law, the
Town Board does hereby delegate to the Planning Board, which is also
the Zoning Commission of the Town of West Seneca, all of the powers
that it is possible to so delegate pursuant to said Article 16 of
the Town Law, including but not limited to the following powers:
A.
To adopt rules and regulations in respect to procedure
before it and in respect to any subject matter over which it has jurisdiction
under Article 16 or any other statute. Said rules and regulations
may be adopted only after public hearing by the Planning Board and
subject to approval of the Town Board.
B.
To make necessary reports on an Official Map or changes
therein.
C.
To take under advisement all matters pertaining to
zoning or planning which shall be referred to it by the Town Board
for its recommendation, and to report back to the Town Board within
30 days. No action shall be taken by the Town Board until such report
of the Planning Board has been received.
D.
To approve or disapprove changes in the lines of existing
streets, highways or public areas shown on subdivision plats or maps
filed in the Erie County Clerk's office. Said Planning Board shall
report back to the Town Board within 30 days.
E.
To approve or disapprove the laying out, closing off
or abandonment of streets, highways or public areas under the provisions
of the Town and Highway Laws. Said Planning Board shall report back
to the Town Board within 30 days.
F.
To make investigations, maps and reports and recommendations
in connection therewith relating to the planning and development of
the town as to it seems desirable, provided the total expenditures
of said Board shall not exceed the appropriation for its expenses.
G.
To approve or disapprove plats showing lots, blocks
or sites with or without streets or highways.
H.
To pass on and approve or disapprove the development
of plats already filed in the office of the Clerk of the County of
Erie if such plats are entirely or partially undeveloped; provided,
however, the Planning Board complies with the requirements of Article
16 of the Town Law as amended.
J.
Simultaneously with the approval of a subdivision
plat, either to confirm the zoning regulations[2] of the land so platted, as shown on the Official Zoning
Maps of the town, or to make any reasonable change therein, and such
Planning Board is hereby empowered to make such change. Before the
Planning Board shall make such change in the zoning regulations, there
shall be a public hearing preceded by the same notice as in the case
of the approval of the plat itself. The Planning Board shall notify
the Town Board, Engineering Department, Building Inspector, Assessors
and Town Clerk of any rezoning done pursuant to this subsection.
[Added 2-14-1961]
No power granted hereby shall be deemed to supersede
the power of the Town Board granted by relevant sections of the Real
Property Law of the State of New York.
[Adopted 5-14-2007]
Pursuant to the provisions of Town Law §§ 267
and 271, all Planning Board and Zoning Board of Appeals members shall
be required to complete at least four hours of suitable training per
year.
Pursuant to the provisions of Town Law §§ 267
and 271, the authority to determine suitable training is hereby delegated
from the Town Board of the Town of West Seneca to the respective Planning
and Zoning Board Chairs, who shall note annually in Board minutes
the selected training.
A.
The training requirement may be satisfied by educational
activities substantially devoted to planning, zoning, the site plan
approval process or other land use issues such as:
B.
Training may be offered by a municipality, regional
or county planning office or commission, county, regional or state
planning federation, state agency, statewide municipal association,
college or university or other similar entity.
A record of annual completion of training shall
be maintained by the Town Clerk and a copy provided to the Town Board
of the Town of West Seneca prior to considering a Planning Board or
Zoning Board member for reappointment. Eligibility for reappointment
to these Boards shall be conditioned upon completion of training prior
to the end of each calendar year.
Suitable training in excess of four hours per
year may be accumulated and carried over into the succeeding year
for the purpose of satisfying these training requirements.
