Montebello City Zoning Code
ARTICLE XVI
Planning Board
§ 195-113 Establishment.
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.
§ 195-114 Powers and duties.
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.
§ 195-115 Procedure.
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.
§ 195-116 Referral to Rockland County Department of Planning.
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."
§ 195-117 Alternate members.
[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.