Text amendments. The Town Board shall be responsible for reviewing Zoning Law text amendment applications and for taking final action to approve, approve with modifications or deny such applications.

Map amendments. The Town Board shall be responsible for reviewing map amendment (rezoning) applications and for taking final action to approve, approve with conditions or deny such applications.

Senior Housing District. The Town Board shall be responsible for reviewing and deciding on applications for Senior Housing Districts.

Incentive developments. The Town Board shall be responsible for approving developments that have used an incentive option presented in Article VI.

To hear, review and decide on applications for site plan approval.

To hear, review and decide on applications for subdivision approval.

To hear, review and decide on applications for cluster developments in conjunction with subdivision approval.

To review and recommend on matters relevant to the Comprehensive Plan.

To hear, review and offer its recommendations to the Town Board on applications for Senior Housing Districts.

Appointment and terms. The Town Board shall appoint a Planning Board consisting of five regular members, who shall serve terms of five years and one alternate member for the term of three years. Said members are hereby vested with powers and duties and made subject to the limitations set forth in the Town Law, as the same may be amended, modified or changed from time to time.

Board composition. Members of the Planning Board shall be U.S. citizens, residents of the Town of Porter and shall not be officers or employees of the Town or any of its agencies or departments. At least one member of the board shall be from the agricultural community, meeting the criteria set in the Town Law.

Compensation. Members of the Planning Board shall serve with compensation as determined by the Town Board and shall be entitled, to the extent of available funds appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.

Vacancies. Permanent vacancies on the Planning Board shall be filled by the Town Board. When a vacancy occurs, an advertisement shall be issued in a newspaper of local circulation seeking out interested parties to fill the position.

Mandatory training. The members of the Planning Board shall be required to attend at least eight hours of training regarding land use issues during their first year on the Board. For each subsequent year, the Planning Board members shall be required to attend four hours of training. All training shall be relevant to the member's powers or duties on the Planning Board and sponsored by the New York Association of Towns, New York Planning Federation, State of New York or any political subdivision thereof, or any session approved by the Planning Board Chairperson.

Removal. Any member of the Planning Board may be removed for cause by the Town Board at any time; provided, however, that before any such removal, such member shall be given an opportunity to respond to allegations of such cause in writing to the Town Board. Cause for removal of a member shall include:

The Town Board shall annually appoint one of the members of the Planning Board as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office. The members of the Planning Board shall annually elect one of their members as Vice Chairperson.

In the absence of the Chairperson, the Vice Chairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Planning Board.

A person shall not serve as Chairperson or Vice Chairperson for more than five consecutive years. A person appointed as Chairperson or Vice Chairperson must have served on the Board for a period of at least five years prior to appointment.

The Planning Board Secretary shall attend all its proceedings and, upon request, the proceedings of any of its Committees.

The Secretary shall provide for the keeping of minutes of the proceedings of the Board, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall maintain all state-mandated permanent records of Board meetings, hearings and proceedings and all correspondence of the Board. The Secretary shall provide for keeping a file of all records of the Board, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.

Quorum.

Deliberation. As to any matter not requiring a hearing, the Planning Board may meet and deliberate at any properly called meeting regardless of the presence of a quorum or may continue consideration of such matter to any later meeting. However, no final action shall be taken on any such matter without a quorum.

Meetings. Regular meetings of the Planning Board shall be held at the call of the Chairperson or as provided by rule of the Board. Special meetings shall be called by the Chairperson at the request of any three members of the Board or at the request of the Town Board. The Pledge of Allegiance shall commence meetings.

Hearings. All meetings and hearings of the Planning Board shall be open to the public.

Rules of order. The Planning Board shall follow Robert's Rules of Order for parliamentary guide for all meetings of the board. Said rules of order shall consist of roll call, public participation, approval of minutes, communications, old business, new business, report of Committees or assigned delegates and miscellaneous matters.

Record. The following shall constitute the record:

Decisions.

Notification of decision. Within five business days following any decision on such applications, the Secretary shall mail notice thereof to each person entitled to such notice and file such decision in the office of the Town Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.

To hear and decide appeals from, and review orders, decisions or determinations made by the Zoning/Code Enforcement Officer or the Planning Board.

To approve or deny variances from the requirements of this chapter.

To hear, review and decide on applications for special permit approval.

Appointment and terms. Members of the Zoning Board of Appeals shall be appointed by the Town Board. The Zoning Board of Appeals shall consist of five regular members each serving terms of five years and one alternate member, who shall serve for a term of three years.

Board composition. Members of the Zoning of Appeals shall be U.S. citizens, residents of the Town of Porter and shall not be officers or employees of the Town or any of its agencies or departments. At least one member of the board shall be from the agricultural community, meeting the criteria set in the Town Law.

Compensation. Members of the Zoning Board of Appeals shall serve with compensation as determined by the Town Board and shall be entitled, to the extent of available funds appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.

Vacancies. Permanent vacancies on the Zoning Board of Appeals shall be filled by the Town Board. When a vacancy occurs, an advertisement shall be issued in a newspaper of local circulation seeking out interested parties to fill the position.

Mandatory training. The members of the Zoning Board of Appeals shall be required to attend at least eight hours of training regarding land use issues during their first year on the Board. For each subsequent year, the Zoning Board members shall be required to attend four hours of training. All training shall be relevant to the member's powers or duties on the Zoning Board of Appeals and sponsored by the New York Association of Towns, New York Planning Federation, State of New York or any political subdivision thereof, or any session approved by the Zoning Board Chairperson.

Removal. Any member of the Zoning Board of Appeals may be removed for cause by the Town Board at any time; provided, however, that before any such removal, such member shall be given an opportunity to be heard in their own defense at a public hearing. Cause for removal of a member shall include:

The Town Board shall annually appoint one of the members of the Zoning Board of Appeals as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office. The members of the Zoning Board of Appeals shall annually elect one of their members as Vice Chairperson.

In the absence of the Chairperson, the Vice Chairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Board.

A person shall not serve as Chairperson or Vice Chairperson for more than five consecutive years. A person appointed as Chairperson or Vice Chairperson must have served on the Board for a period of at least five years prior to appointment.

The Secretary of the Zoning Board of Appeals shall attend all its proceedings and, upon request, the proceedings of any of its Committees.

The Secretary shall provide for the keeping of minutes of the proceedings of the Board, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall maintain all state-mandated permanent records of Board meetings, hearings and proceedings and all correspondence of the Board. The Secretary shall provide for keeping a file of all records of the Board, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.

As to any matter requiring a hearing before the Zoning Board of Appeals, no business shall be transacted by the Board without a quorum. The concurring vote of three members shall be necessary for any action by the Board. If less than a quorum is present, the hearing may be adjourned to the next scheduled meeting or to a special meeting as determined by the Board. The Secretary shall notify in writing all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment.

A member absent from any portion of a hearing or meeting shall be qualified to vote at a subsequent hearing or meeting upon the matter heard, provided they shall first certify on the record that they have reviewed the entire record of any such portion of the hearing or meeting during which they were absent and have fully informed themselves of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

Meetings. Regular meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson or as provided by rule of the Board. Special meetings shall be called by the Chairperson. The Pledge of Allegiance shall commence meetings.

Hearings. All meetings and hearings of the Zoning Board of Appeals shall be open to the public.

Rules of order. The Zoning Board of Appeals shall follow Robert's Rules of Order for parliamentary guide for all meetings of the Board. Said rules of order shall consist of roll call, public participation, approval of minutes, communications, old business, new business, report of committees or assigned delegates and miscellaneous matters.

Record. The following shall constitute the record:

Decisions.

Final action. In taking final action, the Zoning Board of Appeals shall first state its findings and conclusions at a meeting open to the public and shall, in addition, state the special circumstances warranting such action.

Failure to act.

Notification of decision. Within five business days following any decision of the Zoning Board of Appeals, the Secretary shall mail notice thereof to each person entitled to such notice and file such decision in the office of the Town Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.

Submit a monthly report to the Town Board. Copies of this report shall be transmitted to the Board of Appeals and Planning Board at the same time.

Maintain a permanent and current record of all applications for zoning site plan and special permits certificates, actions upon same, any conditions relating thereto, and any other matters considered and action taken. Such records shall form a part of the records of the office and shall be available for use by Town officials and for inspection by the public.

Cause any plans, buildings or premises to be examined or inspected to determine compliance with the provisions of this chapter. In the fulfillment of these duties, the Zoning/Code Enforcement Officer shall be authorized to enter any premises or building during business hours to determine whether or not the same is in violation of this chapter.

Issue building permits to all applicants who fully comply with the provisions of this chapter.

Issue change of use permits to all applicants who fully comply with the provisions of this chapter.

Issue temporary use permits to all applicants who fully comply with the provisions of this chapter.

Issue certificates of occupancy upon finding that construction was carried out in compliance with approved plans and all other applicable codes.

Provide the Zoning Board of Appeals, in writing, with all facts pertaining to the refusal to issue permits and certificates when such information is requested by the Board.

For denied building permits, provide, in writing, the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.

Issue certificates of nonconformity and maintain a current list and/or a map of nonconforming uses to determine if discontinuance or destruction, or change in use or vacancy has taken place.

Maintain a current list and/or a map showing the variances or special permits issued by the Zoning Board of Appeals to determine if the condition and safeguards placed on variances and special permits are being complied with.

For violations of this chapter: