Deposit City Zoning Code
Article
III.A Planning Board
§ 140-8.1 Creation, appointments and organization.
A.
The Planning Board shall consist of five members appointed by the Mayor, subject to the approval of the Village Board of Trustees. The members of the Planning Board, as now constituted, shall continue in office until the expiration of their present terms. Thereafter, their successors shall be appointed for five-year terms in accordance with the New York State Village Law, so that one term shall expire at the end of each successive official year. If a vacancy shall occur otherwise than by expiration of a term, the Mayor shall appoint the new member for the unexpired term.
B.
The Chairperson shall be appointed by the Mayor, subject to the approval of the Village Board of Trustees. In the absence of a Chairperson, the Planning Board may designate a member to serve as Chairperson.
C.
Alternate members. The Village Board of Trustees hereby establishes the position of alternate Planning Board member, for the purpose of substituting for a regular member in the event of a conflict of interest or because of illness or absence. Alternate Planning Board members shall be appointed by the Mayor, subject to the approval of the Village Board of Trustees, for three-year terms. When so appointed, an alternate Planning Board member shall possess all of the power and responsibilities of a regular Planning Board member.
[Amended 7-10-2012 by L.L. No. 2-2012]
D.
Training. Each Planning Board member shall complete training requirements as established by resolution of the Village Board of Trustees, as amended from time to time.
§ 140-8.2 Power and duties.
A.
Referrals.
(1)
Zoning referrals. All matters requiring referral by statute, ordinance or local law shall be so referred to the Planning Board for its recommendations. Within a reasonable time as specified by law or by the referring body after receipt of a full statement of the referred matter, the Planning Board shall report its recommendations to the referring body, with a full statement of its reasons for such recommendations. If the Planning Board fails to respond within the prescribed time, the referring body may act without such report.
(2)
County zoning referrals. In accordance with the New York State General Municipal Law §§ 239-l, 239-m, and 239-n, before taking final action on any proposed action required to be referred under §§ 239-l, 239-m, or 239-n, the Planning Board shall refer the proposed action to the Broome County or Delaware County Planning Department, whichever is applicable. The applicable County Planning Department shall have 30 days after receipt of a full statement of such proposed action, or such longer time as may be agreed upon by the applicable County Planning Department and the Village Planning Board, to report its recommendations to the Village Planning Board, accompanied by a statement of its reasons for such recommendations. If such County Planning Department fails to report within such period, the Village Planning Board may take final action on the proposed action without such report. However, any County Planning Department 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 Village Planning Board, shall be considered by the Village Planning Board. If the applicable County Planning Department recommends modification or disapproval of a proposed action, the Village 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 Village Planning Board shall file a report of the final action it has taken with the applicable County Planning Department. If the Village 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.
D.
Mobile home parks and travel trailer/tourist parks. The Planning Board shall review and have the power to recommend to the Village Board of Trustees approval, disapproval, or conditional approval of any application filed for a license relating to occupancy and/or maintenance of mobile home parks, automobile tourist parks or camps, and travel trailer parks or camps, pursuant to Chapter 120, Trailers and RV Parks, of the Village Code.
§ 140-8.3 Rules of procedure.
In addition to all of the powers and duties conferred upon the Planning Board by the New York State Village Law, the Planning Board shall have the following powers and duties:
A.
The Planning Board shall adopt rules and regulations for the conduct of its business, consistent with statute and with this article.
B.
The Chairperson of the Planning Board shall schedule all meetings of the Planning Board.
C.
The Chairperson of the Planning Board may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by law.
D.
The Planning Board may seek recommendations from other agencies as it deems appropriate.
E.
The Planning Board shall conduct its meeting and public hearings in accordance with the New York State Public Officers Law, knows as the "Open Meetings Law."
F.
All applications subject to review by the Planning Board shall be in writing and shall be accompanied by a fee as shall be set from time to time by resolution of the Village Board of Trustees.
G.
The Planning Board shall give notice to adjacent municipalities of any public hearing that may be required on an application for a special use permit, site plan review, or subdivision, if the property is located within 500 feet of the adjacent municipality, in accordance with § 239-nn of the General Municipal Law. Notice shall be provided by first-class mail or by email, at least 10 days prior to such public hearing.
H.
The decisions of the Planning Board shall include findings supporting its decisions. The findings of the Planning Board may be based on evidence submitted or on personal knowledge of the Planning Board members, after a thorough review of the application and consideration of all of the evidence, including public comment, if required, and after a personal inspection of the parcel in question.
I.
The Planning Board shall comply with the requirements of the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations.
J.
The decisions of the Planning Board shall be filed in the office of the Village Clerk-Treasurer within five business days after the decision is rendered, and a copy shall be mailed to the applicant.