Direct responsibility for the administration
and enforcement of the provisions of this chapter shall be vested
in the Department, Town Board, Planning Board and Zoning Board of
Appeals, all in accordance with the provisions of this article.
A.
Powers and duties. In addition to the jurisdiction
conferred on it by other provisions of the regulations of the Town,
the Town Board shall have the following powers and duties:
(1)
Text amendments. The Town Board shall be responsible
for reviewing text amendment applications and for taking final action
to approve, approve with modifications or deny such applications.
(2)
Map amendments. The Town 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 and terms.
(a)
The Planning Board shall consist of seven members
appointed by the Town Board. In addition, the Town Board shall appoint
two alternate members to the Planning Board.
(b)
Of the members of the Board first appointed,
one shall hold office for the term of one year, one for the term of
two years, one for the term of three years, one for the term of four
years, one for the term of five years, one for the term of six years
and one for the term of seven years from and after his/her appointment.
Their successors shall be appointed for the term of seven years from
and after the expiration of the terms of their predecessors in office.
Of the alternate members of the Board first appointed, one shall be
appointed for a term of one year and one for a term of two years,
and all successors shall be appointed for a term of two years. If
a vacancy shall occur otherwise than by expiration of term, it shall
be filled by the Town Board, which shall appoint an alternate member
with the longest tenure for the unexpired term.
(c)
All provisions of state law related to Planning
Board member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law/ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
(2)
Board composition. All members and alternates of the
Planning Board shall be residents of the Town of DeWitt and shall
not be officers or employees of the Town or any of its agencies or
departments.
(3)
Compensation. All members of the Planning Board, including
alternates, may serve with compensation as determined by the Town
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 Town Board.
(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. If
more than four hours of training are taken in any subsequent year,
such excess, up to a maximum of four hours, may be carried forward
and applied to the required training in the next year. All training
shall be relevant to the member's powers or duties on the Planning
Board and sponsored by the New York Association of Towns, New York
Planning Federation, State of New York or any political subdivision
thereof, or any session approved by the Planning Board Chairperson
and Commissioner of the Department.
(6)
Removal.
(a)
Any member of the Planning Board may be removed
for cause by the Town 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, ordinances 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 Town Board to be
detrimental to the proper functioning of the Board.
[5]
Members may be removed from the Planning Board
if they miss 33% of the meetings during the course of one calendar
year, miss three consecutive meetings or do not meet their mandatory
training requirements.
(b)
No member who has been removed for cause shall
be reappointed.
B.
Chairperson and Vice Chairperson. The Town Board 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. The Chairperson shall annually appoint one of his
members as Vice Chairperson. In the absence of the Chairperson, the
Vice Chairperson shall act as Chairperson and shall have all the powers
of the Chairperson. The Vice Chairperson shall have such other powers
and duties as may from time to time be provided by the rules of the
Board.
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 Town 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
four members of the Board being present. The concurring vote of at
least four members shall be necessary for any action by the Board.
(2)
Substitutions/alternates. The Chairperson of the Planning
Board may designate an alternate to substitute for a member when such
member is unavailable or unable to participate on an application or
matter before the Board. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the Board. Such designation shall be entered into the minutes of the
Planning Board meeting at which the substitution is made.
(3)
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.
(4)
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 they have fully informed themselves
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. Special meetings
may be called by the Chairperson upon five days' notice.
(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 Town Board.
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 the 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 Town 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 Town 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, department or
board of the Town 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 specific use permit approval, subject to the provisions of § 192-123.
(3)
To hear, review and finally decide applications for site plan review, subject to the provisions of § 192-122.
(4)
To investigate and report its recommendations with
respect to any proposed change or amendment in the Zoning Ordinance
or regulations of said Town and to pass upon any other matters which
may from time to time be referred to it by the Town Board or the Zoning
Board of Appeals.
A.
Membership.
(1)
Appointment and terms.
(a)
The Zoning Board of Appeals shall consist of
seven members appointed by the Town Board. In addition, the Town Board
shall appoint two alternate members to the Zoning Board of Appeals.
(b)
Of the members of the Board first appointed,
one shall hold office for the term of one year, one for the term of
two years, one for the term of three years, one for the term of four
years, one for the term of five years, one for the term of six years
and one for the term of seven years from and after his/her appointment.
Their successors shall be appointed for the term of seven years from
and after the expiration of the terms of their predecessors in office.
Of the alternate members of the Board first appointed, one shall be
appointed for a term of one year, and one person shall be appointed
for a term of two years, and all successors shall be appointed for
a term of two years. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by the Town Board, which shall appoint
an alternate member with the longest tenure for the unexpired term.
(c)
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 ordinance 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 Town of DeWitt and shall not
be officers or employees of the Town or any of its agencies or departments.
(3)
Compensation. All members and alternates of the Zoning
Board of Appeals may serve with compensation as determined by the
Town 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 Town Board.
(5)
Mandatory training. All members and alternates of
the Zoning Board of Appeals, including alternates, 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 year, the Zoning Board members shall be required
to attend four hours of such training. If more than four hours of
training are taken in any subsequent year, such excess, up to a maximum
of four hours, may be carried forward and applied to the required
training in the next year. All training shall be relevant to the member's
powers or duties on the Zoning Board of Appeals and sponsored by the
New York Association of Towns, New York Planning Federation, State
of New York or any political subdivision thereof, or any session approved
by the Zoning Board Chairperson and Commissioner of the Department.
(6)
Removal.
(a)
Any member of the Zoning Board of Appeals may
be removed for cause by the Town 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, ordinances 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 Town Board to be
detrimental to the proper functioning of the Board.
[5]
Members may be removed from the Zoning Board
of Appeals if they miss 33% of the meetings during the course of one
calendar year, miss three consecutive meetings or do not meet their
mandatory training requirements.
(b)
No member that has been removed for cause shall
be reappointed.
B.
Chairperson and Vice Chairperson.
(1)
The Town Board 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. The Chairperson
shall annually appoint one of his members as Vice Chairperson.
(2)
In the absence of the Chairperson, the Vice Chairperson
shall act as Chairperson and shall have all the powers of the Chairperson.
The Vice Chairperson shall have such other powers and duties as may
from time to time be provided by the rules of the Board.
C.
Public record.
(1)
The Zoning Board of Appeals shall provide for the
keeping of the record 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.
(2)
The Town 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 Zoning Board of Appeals, no business shall be transacted by the
Board without four members of the Board being present. The concurring
vote of four members shall be necessary for any action by the Board.
(2)
Substitutions/alternates. The Chairperson of the Zoning
Board of Appeals may designate an alternate to substitute for a member
when such member is unavailable or unable to participate on an application
or matter before the Board. When so designated, the alternate member
shall possess all the powers and responsibilities of such member of
the Board. Such designation shall be entered into the minutes of the
Zoning Board meeting at which the substitution is made.
(3)
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.
(4)
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 they have fully informed themselves
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 Town 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 Town 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
or 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 Town 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 Town
Clerk shall mail notice thereof to each person entitled to such notice
and file such decision in the office of the Town 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,
department or board of the Town 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 Department.
(2)
To approve or deny variances from the requirements
of this chapter.
(3)
To hear, review and finally decide applications for
specific use permit approval.
(4)
To reverse or affirm, wholly or partly, or modify
the order, requirement, decision, interpretation or determination
appealed from and 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 ordinance 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.
[Amended 12-12-2011 by L.L. No. 8-2011]
A.
Powers and duties. The Department shall have the following
powers and duties:
(1)
Submit an annual report to the Town 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 the Planning Board at the same time.
(2)
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, they 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, including but not
limited to the posting of securities, as may be deemed necessary to
ensure compliance.
(3)
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.
(4)
For violations of this chapter:
(a)
Notify, in writing, the person responsible for
such violations, indicating the nature of the violation and ordering
the action to correct it;
(b)
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
(c)
Take any other action authorized by this chapter
to ensure compliance with or to prevent violation of its provisions.
(5)
On the serving of the notice by the Department 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.
