Kingsbury City Zoning Code
ARTICLE II
Administrative Agencies
§ 280-8 Planning Board.
A.
Pursuant to § 271 of the Town Law, the Town of Kingsbury has created a Planning Board. Said Board consists of seven members appointed by the Town Board in such manner and for such terms as provided in the Town laws. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for all matters pertaining to this Zoning Chapter pursuant to § 274-a of the Town Law, Site Plan Review.
B.
The Planning Board shall study the application of this chapter and shall from time to time recommend to the Town Board such changes in this chapter and in the boundaries of the various districts as it shall deem advisable to further promote the health, safety and general welfare of the community.
C.
The Code Enforcement Officer shall serve in an advisory capacity to the Planning Board.
[Amended 3-13-2000 by L.L. No. 4-2000]
§ 280-9 Alternate members of Planning Board.
[Added 12-13-1999 by L.L. No. 6-1999]
A.
Applicability. This section shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board in the Town of Kingsbury.
B.
Declaration of policy. It is sometimes difficult to maintain a quorum on the Planning Board because members are ill, on extended vacation or find that they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
C. ALTERNATE MEMBER MEMBER PLANNING BOARD
Definitions. As used in this section, the following terms shall have the meanings indicated:
An individual appointed by the Town Board to serve on the Town Planning Board when a regular member is unable to participate on an application or matter before the Town Planning Board.
An individual appointed by the Town Board to serve on the Town Planning Board pursuant to the provisions of the local law or ordinance which first established such Planning Board.
The Planning Board of the Town of Kingsbury as established by the Town Board by local law or ordinance, pursuant to the provisions of § 271 of the Town Law.[1]
D.
Authorization; term of office; designation.
(1)
The Town Board of the Town of Kingsbury hereby enacts this section to provide a process for appointing alternate members to its Planning Board. These individuals would serve when members are absent or unable to participate on an application or matter before the Board.
(2)
Alternate members of the Planning Board shall be appointed by the Town Board or other duly authorized appointing authority for a term as set forth in § 271 of the Town Law.
(3)
The Chairperson of the Planning Board may designate an alternate to substitute for a member when such member is 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 initial Planning Board meeting at which the substitution is made.
(4)
All provisions of state law relating to Planning Board member eligibility, vacancy in office, term, 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.
E.
Supersession of Town Law. This section is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 271 of the Town Law relating to the appointment of members to town planning boards.
§ 280-10 Code Enforcement Officer.
[Amended 3-13-2000 by L.L. No. 4-2000]
A.
The Code Enforcement Officer shall have the power and duty to:
(1)
Enforce the provisions of this chapter.
(2)
Exercise general surveillance over the Town as to compliance.
(3)
Issue construction permits and certificates of occupancy within 30 days of receipt of application wherever there is compliance with the provisions of this chapter.
(4)
Investigate all complaints submitted in compliance with the provisions of this chapter.
B.
The Code Enforcement Officer shall be appointed and may be removed by the Town Board.
C.
An appeal from an action, omission, decision or rule by him regarding a requirement of this chapter may be made only to the Zoning Board of Appeals.
§ 280-11 Zoning Board of Appeals.
[Amended 7-20-2020 by L.L. No. 1-2020]
Pursuant to § 267 of the Town Law, the Town of Kingsbury has created a Zoning Board of Appeals consisting of five members appointed by the Town Board in such manner and for such term as provided in the Town Law. The Zoning Board of Appeals shall perform the duties and have the powers granted by and be controlled by the provisions of the Town Law and amendments thereto and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this Zoning Chapter.
§ 280-12 Alternate members of Zoning Board of Appeals.
[Added 12-13-1999 by L.L. No. 7-1999]
A.
Applicability. This section shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Zoning Board of Appeals in the Town of Kingsbury.
B.
Declaration of policy. It is sometimes difficult to maintain a quorum on the Zoning Board of Appeals because members are ill, on extended vacation or find that they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
C. ALTERNATE MEMBER MEMBER ZONING BOARD OF APPEALS
Definitions. As used in this section, the following terms shall have the meanings indicated:
An individual appointed by the Town Board to serve on the Town Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the Zoning Board of Appeals, as provided herein.
An individual appointed by the Town Board to serve on the Town Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Zoning Board of Appeals.
The Zoning Board of Appeals of the Town of Kingsbury as established by the Town Board by local law or ordinance, pursuant to the provisions of § 267 of the Town Law.
D.
Authorization; term of office; designation.
(1)
The Town Board of the Town of Kingsbury hereby enacts this section to provide a process for appointing alternate members to its Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the Board.
(2)
Alternate members of the Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority for a term of four years.
(3)
The Chairperson of the Zoning Board of Appeals may designate an alternate to substitute for a member when such member is 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 initial Zoning Board of Appeals meeting at which the substitution is made.
(4)
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.
E.
Supersession of Town Law. This section is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 267 of the Town Law relating to the appointment of members to town zoning boards of appeals.