Kirkland City Zoning Code

A. Establishment. The Planning Board is hereby established in accordance with the provisions of § 271 of the Town Law. The Town Board shall, by resolution, appoint the members of such Board and designate the Chairperson thereof. The Town Board may provide for the compensation of Planning Board members. In making such appointments, the Town Board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members.

B. Membership. The Planning Board shall consist of five members to serve for terms of five years. No person who is a member of the Town Board shall be eligible for membership on such Planning Board.

C. Terms of members first appointed. The terms of members of the Board shall be for terms so fixed that the term of one member shall expire at the end of the calendar year in which such members were initially appointed. The terms of the remaining members shall be so fixed that one term shall expire at the end of each calendar year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term which shall be equal in years to the number of members of the Board.

D. Terms of members now in office. Members now holding office for terms which do not expire at the end of a calendar year shall, upon the expiration of their term, hold office until the end of the calendar year, and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board.

E. Increasing membership. Any Town Board may, by local law, increase a five-member Planning Board to seven members. Additional members shall be first appointed for single terms as provided in such resolution in order that the terms of the members shall expire in each of seven successive years, and their successors shall thereafter be appointed for full terms of seven years. No such additional member shall take part in the consideration of any matter for which an application was on file with the Planning Board at the time of his or her appointment.

F. Decreasing membership. A Town Board which has seven members on the Planning Board may, by local law, decrease the membership to five, to take effect upon the next two expirations of terms. However, no incumbent shall be removed from office except upon the expiration of his or her term, except as hereinafter provided.

G. Vacancies. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.

H. Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Planning Board for cause and may provide by local law for removal, after public hearing, of any Planning Board member for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law.

1. Chairperson duties. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.

J. Appointment of agricultural member. Notwithstanding any provision of this chapter or of any general, special or local law, a Town Board may, if an agricultural district created pursuant to § 303 of Article 2S-AA of the Agriculture and Markets Law exists wholly or partly within the boundaries of such Town, include on the Planning Board one or more members, each of whom derives $10,000 or more annual gross income, from agricultural pursuits in said Town. As used in this subsection, the term “agricultural pursuits” means the production of crops, livestock and livestock products, agricultural products and woodland products as defined in § 301 of the Agriculture and Markets Law.

K. Service on other Planning Boards. No person shall be disqualified from serving as a member of the Town Planning Board by reason of serving as a member of a village or county Planning Board.

The Planning Board shall adopt rules of procedure governing the organization of the Board and the conduct of its meetings.

A. Meetings of such Planning Board shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Planning Board shall keep minutes of its 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 its examinations and other official actions. Meetings of the Board shall be held as provided in the rules of procedure adopted by the Board.

B. Filing requirements. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Planning Board shall be filed in the office of the Town Clerk within five business days and shall be a public record.

C. Assistance to Planning Board. Such Board shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.

The Town Board is hereby authorized and empowered to make such appropriation as it may see fit for Planning Board expenses. In a Town containing one or more villages, or parts thereof, such charges and expenses shall be a charge upon the taxable property of that part of the Town outside of said villages and shall be assessed, levied and collected therefrom in the same manner as other Town charges. The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Town Board for such Planning Board.

The Planning Board may, after public hearing, recommend to the Town Board regulations relating to any subject matter over which the Planning Board has jurisdiction under this article or any other statute or under any local law or ordinance of the Town. Adoption of any such recommendations by the Town Board shall be by local law.

A. The Town Board may by resolution provide for the reference of any matter or class of matters, other than those referred to in § 118-71 of this article, to the Planning Board before final action is taken therein by the Town Board or other office or officer of said Town having final authority over said matter. The Town Board may further stipulate that final action thereon shall not be taken until the Planning Board has submitted its report therein or has had a reasonable time, to be fixed by the Town Board in said resolution, to submit the report.

B. In addition, the Planning Board shall have full power and authority to make such investigations, maps, reports and recommendations in connection therewith relating to the planning and development of the Town as it seems desirable, provided that the total expenditures of said Board shall not exceed the appropriation provided therefor.

A. Time of decision. The Planning Board shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.

B. Filing of decision and notice. The decision of the Planning Board on the appeal shall be filed in the office of the Planning Department and Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

C. Notice to park commission or planning agency. At least five days before such hearing, the Planning Board shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in subdivision 1 of § 239-m of the General Municipal Law.

D. Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 “t\TYCRR 617.

E. The Planning Board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based.