[Adopted 6-11-1996 by L.L. No. 2-1996]
This article is enacted pursuant to the provision
of Subdivision 13 of § 271 of the Town Law of the State
of New York.
The purpose of this article is to adopt the
recommendations of the Town of Maine Planning Board approved at the
May 6, 1996, regular meeting of said Planning Board to establish rules
and regulations pursuant to which the Town of Maine Planning Board
shall conduct its business as follows.
A.
The Planning Board of the Town of Maine shall be governed
by the provisions of all applicable state statutes, local laws, ordinances
and these rules.
B.
The term "Planning Board" as used in these rules shall
mean the duly appointed Planning Board of the Town of Maine.
C.
The Planning Board shall become familiar with all
the duly enacted ordinances and local laws of the Town of Maine under
which it may be expected to act as well as with the applicable state
statutes.
D.
The Planning Board shall become familiar with the
community goals, desires and policies as expressed in the "Town of
Maine Comprehensive Plan" (which was received and reviewed by various
Town of Maine officials prior to the adoption of the Town of Maine
Zoning Ordinance on or about April 11, 1972) and in rendering approvals,
recommendations and reports shall be guided by such plan.
A.
The officers of the Planning Board shall consist of
a Chairperson, Acting Chairperson and Secretary.
B.
Chairperson. The Chairperson of the Planning Board
shall be designated by the Town Board (hereinafter referred to as
"Town Board") of the Town of Maine or on failure to do so, shall be
elected by the Board from its own members. He shall perform all duties
required by law, ordinance and these rules. He shall preside at all
meetings of the Planning Board. The Chairperson shall decide on all
points of order and procedure, subject to these rules, unless directed
otherwise by a majority of the Planning Board. The Chairperson shall
appoint any committees found necessary to carry out the business of
the Planning Board. The Chairperson may administer oaths and compel
the attendance of witnesses as necessary to carry the business of
the Planning Board. The Chairperson's signature shall be the official
signature of the Planning Board and shall appear on all decisions
as directed by the Planning Board.
C.
Acting Chairperson. An Acting Chairperson shall be
designated by the Planning Board to serve in the absence of the Chairperson.
He shall have all the powers of the Chairperson during his absence,
disability or disqualification.
D.
Secretary. A Secretary shall be designated by the
Planning Board. The Secretary, subject to the direction of the Planning
Board and the Chairperson, shall keep minutes of all Planning Board
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 all Planning Board official actions.
E.
Vacancies.
(1)
Should any vacancy on the Planning Board occur for
any reason, the Secretary shall give immediate notice thereof to the
Town Clerk for the Town Board for the designation of a replacement.
(2)
Should such a vacancy occur among the officers of
the Planning Board subject to election by the Planning Board, such
office shall be filled by election, for the unexpired term, at the
next meeting of the Planning Board.
[1]
Editor's Note: Local Law No. 3-2011, adopted 12-20-2011, reduced
the number of members of the Planning Board from seven to five.
A.
Regular meetings. The regular meetings of the Planning Board shall
be held on the dates and times established by resolution of the Town
Board at the annual meeting each year.
[Amended 3-17-2015 by L.L. No. 2-2015]
B.
Annual meeting. The annual organizational meeting
of the Planning Board shall be the first regular meeting of the year.
C.
Special meetings. Special meetings of the Planning
Board may be called by the chairperson. At least 48 hours' written
notice of the time, place and business of the meeting shall be given
each member of the Planning Board.
D.
The Chairperson shall call a special meeting within
10 days of receipt of a written request from any three members of
the Planning Board, which request shall specify the matters to be
considered at such special meetings.
E.
Cancellations of meetings. Whenever there is no business
to be conducted at a regular meeting, the Chairperson may dispense
with such meeting by telephonic or written notice to all members not
less than 48 hours prior to the time set for such meeting.
G.
New business. No new matter will be considered unless
the completed appropriate application for said matter is received
by the Town of Maine Building and Code Inspector on behalf of the
Planning Board on the form provided for that purpose at least 21 days
prior to the date of the meeting at which it is to be considered.
H.
Meeting agenda. The Town of Maine Building and Code
Inspector shall be responsible, at the direction of the Planning Board,
for providing any applicant with the proper forms and for instructing
the parties concerned on the proper manner for completing and filing
said forms. All information required thereon shall be complete before
an application is considered filed. The Town of Maine Building and
Code Inspector shall review all applications so received by the Town
Clerk for completeness. If the application is in proper form for consideration,
he shall place it upon the next meeting agenda which he shall mail
to all Planning Board members at least 14 days prior to the meeting.
He shall also notify the applicant that the matter has been placed
on said agenda. If said application is incomplete, he shall return
it to the applicant within five days of receipt with instructions
as to remedying the same.
I.
Building and Code Inspector. If the Town of Maine
Building and Code Inspector attends any meeting of the Planning Board,
he shall, upon request by the Planning Board, report on the nature
of any matter on the agenda, and also report to the Planning Board
as to any incomplete applications not on the agenda as to which such
inspector has any information.
J.
Fees. The applicant shall pay the charge for the publication
of the notice of public hearing in the official newspaper of the Town
for any application requiring a public hearing.
K.
Executive meetings. All meetings of the Planning Board
shall comply with the requirements of the Open Meetings Law (Article
7 of the Public Officers Law).
A.
Quorum. A quorum shall consist of a majority of the
members of the Planning Board.
B.
No hearing or meeting of the Planning Board shall
be held, nor any action taken, in the absence of a quorum; however,
those members present, by unanimous decision, shall be entitled to
request the Chairperson to call a special meeting for a subsequent
date. All subsequent hearings shall be republished in accordance with
the requirements of the applicable law.
C.
Voting. All matters shall be decided by roll call
vote. Decisions on any matter before the Planning Board shall require
the affirmative vote of a majority of the entire Planning Board unless
otherwise specified herein.
D.
A tie vote or favorable vote by a lesser number than
the required majority shall be considered a rejection of the application
under consideration.
E.
No member of the Planning Board shall sit in hearing
or vote on any matter in which he or she is personally or financially
interested. Said member shall not be counted by the Planning Board
in establishing the quorum for such matter.
F.
No member shall vote on the determination of any matter
requiring public hearing unless he has attended the public hearing
thereon; however, where such member has familiarized himself with
such matter by reading the record, he shall be qualified to vote.
A.
Zoning referrals. All matters requiring referral as
specified by a statute, ordinance or local law shall be so referred
to the Planning Board for its recommendations. Within a reasonable
time or as specified by the Town Board or other party making the referral
after receipt of a full statement of such referred matter, the Planning
Board shall report its recommendations thereon, with a full statement
of the reasons for such recommendations. If the Planning Board fails
to respond within the prescribed time the referring board or agency
may act without such report.
B.
County zoning referrals. Prior to taking action on
any matter which would cause change in the regulations or use of land
or buildings on real property as specified in § 239-n of
the General Municipal Law, the Planning Board shall make referrals
to the Broome County Department of Planning having jurisdiction in
accordance with §§ 239-1 and 239-m of the General Municipal
Law.
(1)
Within 30 days after receipt of a full statement of
such referred matter, the Broome County Department of Planning to
which referral is made shall report its recommendations thereon to
the Planning Board, accompanied by a full statement of the reasons
for such recommendations. If such Broome County Department of Planning
disapproves the proposal, or recommends modification thereof, the
Planning Board shall not act contrary to such disapproval or recommendation
except by a vote of a majority plus one of all the members thereof
and after the adoption of a resolution fully setting forth the reasons
for such contrary action. The Chairperson shall read the report of
the Broome County Department of Planning at the public hearing on
the matter under review.
(2)
If such Broome County Department of Planning fails
to report within such period of 30 days or such longer period as may
have been agreed upon by it and the referring agency, the Planning
Board may act without such report. However, if the Planning Board
receives the report of the Broome County Department of Planning after
30 days, but prior to the final action by the Planning Board, then
the Planning Board shall not act contrary to the recommendation by
the Broome County Department of Planning, except by a vote of a majority
plus one of all of the members thereof of the Planning Board.
(3)
In the case of any plats subject to referral under
the provisions of § 239-n of the General Municipal Law,
the Clerk of the Planning Board, upon receipt of an application for
preliminary and/or final approval of a subdivision plat or proposal
to develop an undeveloped plat and/or plats already filed in the office
of the Broome County Clerk, shall refer such plats subject to such
referral to the Broome County Department of Planning. The Planning
Board shall take final action on the referred plat subject to and
in accordance with the provisions of § 239-n of the General
Municipal Law. The Broome County Department of Planning shall have
30 days after receipt of a preliminary or final plat or proposal to
develop an undeveloped plat, or such longer period as may have been
agreed upon by the Broome County Department of Planning and the Planning
Board, to report its recommendations to the Planning Board, accompanied
by a statement of the reasons for such recommendations. If the Broome
County Department of Planning fails to report within such period,
the Planning Board may take final action on the referred plat without
such report. However, any Broome County Department of Planning report
received after 30 days or such longer period as may have been agreed
upon, but two or more days prior to final action by the Planning Board,
shall be subject to the following provisions: If the Broome County
Department of Planning recommends modification or disapproval of a
referred plat, the Planning Board shall not act contrary to such recommendation
except by a vote of a majority plus one of all the members thereof.
Within 30 days after final action, the Planning Board shall file a
report of the final action it has taken with the Broome County Department
of Planning. If the Planning Board acts contrary to a recommendation
of modification or disapproval of a proposed action, it shall set
forth the reasons for the contrary action in such report.
(4)
In the absence of the Broome County Department of
Planning, the referrals referred to herein shall be made to any regional
planning agency having jurisdiction over the subject matter of such
referral.
The Planning Board has been delegated, authorized
and empowered by resolution of the Town Board on April 11, 1978, to
approve subdivision plats in the Town of Maine. Pursuant to said resolution
of authorization and § 276 of the Town Law, the rules and
regulations set forth herein are hereby adopted to establish a procedure
to review the same.
The Town Board in § 332-4P and Q of the Mobile Home, Mobile Home Park and Travel Trailer Ordinance adopted June 11, 1974 (Chapter 332 of the Code of the Town of Maine), delegated to the Planning Board the power to review applications for establishment of a mobile home park and to submit its recommendations to the Town Board with respect to such applications. Pursuant to the provisions of said ordinance and § 271(14) of the Town Law, the rules and regulations set forth herein are hereby adopted to establish a procedure to review the same.
A.
Agricultural data statement; submission, evaluation.
Any application for a special use permit, site plan approval, or subdivision
approval requiring municipal review and approval by the Planning Board
pursuant to Article 16 of the Town Law, that would occur on property
within an agricultural district containing a farm operation or on
property with boundaries within 500 feet of a farm operation located
in an agricultural district, shall (as provided in § 305-a
of the Agriculture and Markets Law) include an agricultural data statement.
The Planning Board shall evaluate and consider the agricultural data
statement in its review of the possible impacts of the proposed project
upon the functioning of farm operations within such agricultural district.
The information required by an agricultural data statement may be
included as part of the application form.
B.
Agricultural data statement: notice provision. Upon
the receipt of such application by the Planning Board, the Clerk of
such Planning Board shall mail written notice of such application
to the owners of land as identified by the applicant in the agricultural
data statement. Such notice shall include a description of the proposed
project and its location, and may be sent in conjunction with any
other notice required by state or local law, ordinance, rule or regulation
for the said project. The cost of mailing said notice shall be borne
by the applicant.
C.
Agricultural data statement: content. An agricultural
data statement shall include the following information: the name and
address of the applicant; a description of the proposed project and
its location; the name and address of any owner of land within the
agricultural district, which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed; and a Tax Map or other map showing the site
of the proposed project relative to the location of farm operations
identified in the agricultural data statement.
D.
Notice to county planning agency. The Clerk of the
Planning Board shall refer all applications requiring an agricultural
data statement to the Broome County Department of Planning as required
by §§ 239-m and 239-n of the General Municipal Law
(or in the absence of said Department, to any regional planning agency
having jurisdiction over the subject matter of such referral).
A.
Time of hearing. If a public hearing is required,
the Planning Board shall schedule a hearing of all applications within
the time permitted by the applicable ordinance, law or regulation
giving jurisdiction to the Planning Board in the matter but not later
than 62 days of the filing of the completed application.
B.
Notice of hearing. The Planning Board shall give notice
of the hearing at least five business days prior to the date thereof
by publication in the official paper. The Planning Board shall mail
notices of the hearing to the parties and to the members of the Town
Board and, if required by § 239-m or 239-n of the General
Municipal Law or any other applicable state law, shall refer said
matter to the Broome County Department of Planning (or, in the absence
of said Department, to any regional planning agency having jurisdiction
over the subject matter of such referral).
C.
Form of notice. Such notice shall state the name of
the applicant, the location of the property involved, the general
nature of the application involved, and the date, time and place of
the hearing sought.
D.
Proceedings. The order of business at a hearing shall
be as follows:
(1)
Pledge to the flag;
(2)
Roll call;
(3)
The Chairperson shall give a statement of the case;
(4)
The Chairperson shall read all correspondence and
reports received thereon;
(5)
The applicant shall present his case;
(6)
Those in favor shall present their arguments;
(7)
Those opposed shall present their arguments;
(8)
Rebuttal by both sides;
(9)
Adjournment of hearings.
E.
General rules. Any party may appear in person or by
agent or by attorney.
F.
The Chairperson, or in his absence, the Acting Chairperson,
may administer oaths.
A.
Time of determinations.[1]
(1)
In connection with site plan reviews, the Planning
Board shall (in accordance with the provisions of § 274-a
of the Town Law) make a decision on the application within 62 days
after the public hearing, or after the day the application is received
if no public hearing has been held. The time within which the Planning
Board must render its decision may be extended by mutual consent of
the applicant and the Planning Board.
(2)
In connection with subdivision reviews, the Planning
Board shall (in accordance with the provisions of § 276
of the Town Law) make its decision a) within 62 days after the close
of the public hearing on the preliminary plat if the preparation of
an environmental impact statement on the preliminary plat is not required,
and b) within 62 days after the close of the public hearing on the
preliminary plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer, if an environmental impact
statement is required. The Planning Board shall make its decision
on the final plat within the time deadlines set forth in § 276
of the Town Law.
B.
Form of determination. The final determination on
any matter before the Planning Board shall be made by written order
signed by the Chairperson.
C.
Basis for determination. The Planning Board in reaching
said determination shall be guided by standards specified in the applicable
ordinance, law or regulation as well as by the community goals and
policies as specified in the Town of Maine Comprehensive Plan.
D.
Findings. The findings of the Planning Board may be
based on evidence submitted or on the personal knowledge of the Planning
Board to show that:
(1)
It has made an intelligent review of the question.
(2)
It has considered all of the information or evidence.
(3)
It has heard all parties in question.
(4)
Any intimate knowledge it has of the subject under
question has been taken into account.
(5)
It has made a personal inspection of the parcel in
question and from this examination certain findings were ascertained.
E.
Compliance with State Environmental Quality Review
Act. The Planning Board shall comply with applicable provisions of
the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations as
codified in 6 NYCRR 617.
F.
Conflicts with other laws or regulations. In reviewing
any application on any matter, the standards in any applicable local
law or ordinance or state statute shall take precedence over the standards
of these rules whenever a conflict occurs. In all other instances,
the more restrictive rule shall apply.
G.
Filing of determinations. Determinations of the Planning
Board shall be immediately filed in the office of the Town Clerk and
shall be a public record. The date of filing of each decision shall
be entered in the official records and minutes of the Board.
