Pursuant to § 7-718 of the Village
Law and § 10 of the Municipal Home Rule Law of the State
of New York there shall be a Planning Board consisting of five members,
each to be appointed for a term of five years by the Village Board.
The first appointments shall be for terms so fixed that one shall
expire annually, and succeeding appointments shall be for five-year
terms. The Chairperson shall be designated by the Village Board, or,
in the absence of such designation, may be selected by the Planning
Board. The Planning Board shall select a Secretary, and may pay for
the services of said Secretary or experts, but not in an amount exceeding
the budgetary appropriation for the Planning Board made by the Village
Board.
The Planning Board shall be empowered to:
B.
Review subdivision applications pursuant to the subdivision
regulations of the Village of Montebello.
D.
Recommend on its own motion, or by referral from the Village Board matters relating to proposed amendments to the Montebello Zoning Chapter pursuant to Article XVII of this chapter.
E.
Prepare and change the Comprehensive Plan of the Village.
[Amended 6-22-2005 by L.L. No. 4-2005]
F.
Make investigations, maps and reports and recommendations
in connection therewith relating to the planning and development of
the Village.
A.
The Planning Board shall determine its own rules of
conduct and procedure consistent with the applicable provisions of
the Village Law of the State of New York and this chapter.
B.
Any person making an application for relief to the
Planning Board who, by agreement with the Planning Board or by unilateral
action, waives or otherwise extends any period of time established
by law for action of any kind by the Planning Board shall also be
deemed to waive any claim relating to the expiration of such period
of time and shall be stopped from asserting such a claim against the
Village, its boards, agents, officers, or employees, in any subsequent
action or proceeding, and the Village, its boards, agents, officers,
or employees may raise such waiver as an absolute defense or counterclaim
in any such action or proceeding.
A.
Matters to be referred. In accordance with §§ 239-l, 239-m, and 239-n of the General Municipal Law of the State of New York, and subject to the provisions of Subsection E hereof, any application for subdivision approval, site plan approval (including condominiums) or a special permit for real property lying within a distance of 500 feet of the following shall be referred to the Rockland County Department of Planning not less than 35 days prior to a public hearing:
[Amended 6-17-2009 by L.L. No. 2-2009]
(1)
The boundary of any other municipality.
(2)
The boundary of any existing or proposed county or state park or
other recreation area.
(3)
The right-of-way of any existing or proposed county or state parkway,
thruway, road or highway.
(4)
The existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines.
(5)
The existing or proposed boundary of any county- or state-owned land
on which a public building or institution is situated.
B.
Rockland County Department of Planning recommendation.
Failure of the Rockland County Department of Planning to report its
recommendations within 30 days after receipt of a full statement of
such referred material or such longer period as may have been agreed
upon by it and the Village Planning Board shall be construed as approval.
C.
Effect of negative report. If the Rockland County
Department of Planning disapproves the proposed subdivision or special
permit, or recommends modification thereof, the proposal shall not
become effective except by a vote of a majority plus one of all members
of the Village Planning Board and after adoption by such Board of
a resolution fully setting forth the reasons for such contrary action.
D.
Report filing. A report of the decisions of the Planning
Board shall be filed with the Rockland County Department of Planning
if referral was initially required.
E.
Variances not subject to referral.
[Added 6-17-2009 by L.L.
No. 2-2009[1]]
(1)
Notwithstanding any other provision of this section, the "proposed
actions" and subdivision plats listed on the attached Schedule B are
of local rather than countywide concern and are not subject to referral
to the Rockland County Department of Planning ("Department") under
General Municipal Law § 239-m or are excepted from referral
under 239-n.
|
KEY:
| |||
|---|---|---|---|
|
W
|
=
|
Waived from County Planning review.
| |
|
S
|
=
|
Send to County Planning for review.
| |
|
Schedule B: Applications to be Waived from County Planning
Review
| |||
|---|---|---|---|
|
Not Abutting but Within 500 Feet of Municipal Boundary,
State or County Road, State or County Park, County Stream, Other State
or County Facility, Long Path
|
Directly Adjacent to Municipal Boundary, State or County
Road, State or County Park, County Stream, Other State or County Facility,
Long Path
| ||
|
Type of Action Proposed
| |||
|
SPECIAL PERMITS OR CONDITIONAL USE PERMITS
| |||
|
Renewal of special permit for existing use
|
W
|
S
| |
|
Renewal of conditional use permit for existing use
|
W
|
S
| |
|
Special permit for home occupation
|
W
|
S
| |
|
Conditional use permit for home occupation
|
W
|
S
| |
|
SUBDIVISIONS
| |||
|
Resubdivision or lot alignment when no new lots created
|
W
|
S
| |
|
ALL OTHER TYPES OF ACTIONS
| |||
|
Zone change, special permits not listed above, amendment to
Zoning Ordinance, site plan, subdivisions, use variance, etc.
|
S
|
S
| |
(2)
The public hearing minutes of the Planning Board shall specify
which matters are not being referred to the Department, and for matters
not subject to a public hearing, minutes of the meeting at which such
Board took action shall specify which matters are not being referred,
pursuant hereto. All other applicable requirements of §§ 239-m
and 239-n of the General Municipal Law and the Rockland County Charter
remain in effect.
(3)
Notwithstanding the terms of this subsection, the Planning Board
may refer any proposed action or subdivision plat to the Department
for its review, recommendation and report. A proposed action or subdivision
plat so referred, on which the Department recommends modification
or disapproval, shall require the referring board to meet the voting
requirements set forth in §§ 239-m or 239-n of the
General Municipal Law.
(4)
The proposed actions and subdivision plats listed on Schedule
B shall not be exempt from the review, approval or permit-issuing
authority of any other applicable county department or agency, or
of any pertinent state or federal agency.
[1]
Editor's Note: This local law also provided as follows in
its Section 3: "Pursuant to the authority given to the Board of Trustees
by § 10 of the Municipal Home Rule Law, with respect to
the actions identified in Schedule A, this Board hereby overrides
those portions of §§ 239-m and 239-n of the General
Municipal Law which would otherwise require referral of said actions
to the Rockland County Department of Planning."
[Amended 6-22-2005 by L.L. No. 4-2005]
A.
In addition to regular members appointed and serving as per § 195-113, the Village Board of the Village of Montebello shall appoint two temporary alternate members to the Planning Board to serve as provided herein. Said alternate members shall attend all meetings of the Board, and the Chairman of the Planning Board shall designate the alternate members as acting members as necessary when absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending matter. The alternate members shall be so designated on a rotating basis so that each alternate member shall be afforded an equal opportunity to serve as an acting member, except that the Chairman shall designate the alternate member with the longer remaining term if the particular matter is likely to continue beyond the current official year. Once designated to serve on a particular matter before the Board, the alternate member shall have the same powers and duties as regular members of the Board until that matter is concluded. Any determination by the Board consisting of alternate members shall have the same weight and be entitled to the same authority as the act or deed of the regular Planning Board and all laws, statutes and regulations shall apply and be applied with equal force and effect. Alternate members appointed pursuant to this section shall be paid for their respective services as fixed by resolution of the Village Board.
B.
Both alternate members shall serve two-year terms
expiring at the end of the official year except in the first year
of the application of this chapter, to stagger the terms, one alternate
member shall be appointed for one year and one for two years. Their
successors shall be appointed for a term of two years after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Village
Board for the unexpired term. The Village Board shall have the power
to remove any alternate member of the Planning Board for cause, after
a public hearing if one is requested.
C.
Although both alternate members of the Planning Board
shall attend all meetings of the Planning Board, they shall have no
power to participate in any actions of the Planning Board except as
provided herein.
