Richmond Town City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 200-63 Enforcement.
This chapter shall be administered by the Code Enforcement Officer appointed by the Town Board. It shall be the duty of the Code Enforcement Officer to ensure the enforcement of this chapter, subject to the rules, regulations, resolutions, laws and ordinances of the Board of Appeals, Planning Board and the Town Board.
§ 200-64 Enforcing officer; powers and duties.
It shall be the duty of the Code Enforcement Officer to issue zoning permits and certificates to all applicants who fully comply with the provisions of this chapter.
If the Code Enforcement Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it. He shall order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures or illegal additions, alterations or structure changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
The Code Enforcement Officer shall maintain a permanent and current record of all applications for zoning permits and certificates, his action upon the same, any conditions relating thereto and any other matters considered and action taken by him.
The Code Enforcement Officer shall provide the Board of Appeals, in writing, with all the facts pertaining to his refusal to issue zoning permits and certificates whenever such information shall be requested by said Board.
Whenever the Code Enforcement Officer denies a zoning permit or certificate he shall, in writing, inform the applicant of the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
The Code Enforcement Officer shall maintain a current list and a map of nonconforming uses to determine if discontinuance or destruction or change in use or vacancy has taken place.
The Code Enforcement Officer shall maintain a current list and a map showing the variances and special use permits issued by the Board of Appeals to determine if the conditions and safeguards placed on variances and special permits are being complied with.
Upon written direction from the Board of Appeals, the Code Enforcement Officer shall issue special use permits.
§ 200-65 Certificates and permits required.
Zoning permits.
No building or structure shall be erected, moved, added to or structurally altered without a zoning permit therefor issued by the Code Enforcement Officer. No zoning permit shall be issued by the Code Enforcement Officer except in conformity with the provisions of this chapter, unless he receives a written order from the Board of Appeals in the form of an administrative review, special use permit or variance as provided by this chapter.
If the work described in any zoning permit has not begun within 12 months from the date of issuance thereof, said permit shall expire; it shall be canceled by the Code Enforcement Officer; and written notice thereof shall be given to the persons affected. The building permit shall expire 12 months from the date of issuance, and the Code Enforcement Officer shall notify, in writing, the persons affected. However, such permit may be renewed for an additional 12 months if the structure under construction has the foundation completed and has been capped. Such renewal shall be granted consistent with other rules and regulations of this chapter.
Within a subdivision, no zoning permit shall be issued for the construction of any building until all underground utilities (electric, gas, water, sanitary sewer and storm sewer lines, mains, laterals), storm gutters and the binder course of proposed streets have been installed unless any such construction has been waived by the Planning Board.
Certificates of zoning compliance.
[Amended 6-11-2002 by L.L. No. 1-2002]
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the Code Enforcement Officer stating that the proposed use of the building or land conforms to the requirements of this chapter.
No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this chapter upon completion of the work.
Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and punishable as provided for in this chapter.
Special use permits.
A special use permit shall be issued by the Code Enforcement Officer after authorization by the Zoning Board of Appeals and after formal site plan approval.
A special use permit authorizes only one particular special use. Said special use permit shall expire if the special use shall cease for more than six months, unless reauthorized by the Board of Appeals.
§ 200-66 Application procedures and details for permits and certificates.
Zoning permits.
All applications for zoning permits shall be made in duplicate to the Code Enforcement Officer on forms supplied by him and shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Code Enforcement Officer as may be necessary to determine conformance with and provide for the enforcement of this chapter.
One copy of the plans shall be returned to the applicant by the Code Enforcement Officer after he shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the Code Enforcement Officer. The Code Enforcement Officer shall also make a determination as to whether or not the proposed use or construction which is being applied for is subject to action under the New York State Environmental Quality Review Act (SEQR). Excluded, exempt or Type II actions shall not be subject to the SEQR process. If the Code Enforcement Officer determines that the proposed use or construction is subject to review, the procedures established by the Town and in accordance with the regulations under SEQR shall be followed prior to issuance of a permit.
Certificates of zoning compliance.
All applicants, upon application for a zoning permit, shall make application to the Code Enforcement Officer on forms supplied by him for a certificate of zoning compliance.
Within 10 days after the erection or alteration, the applicant shall so notify the Code Enforcement Officer who shall conduct a final inspection of the premises to determine whether the erection or alteration comply with the requirements of this chapter.
Special use permits.
All applications for special use permits shall be made to the Code Enforcement Officer on forms provided by him.
The Code Enforcement Officer, after determining that the application is in proper form, shall transmit copies of the application and all supporting documents to the Zoning Board of Appeals for action thereon.
A copy of the complete application and supporting documents shall also be transmitted to the County Planning Board for review under Article 12-B, § 239-m, of the General Municipal Law.
The applicant shall prepare a site plan of the special use and subject parcel and submit to the Planning Board in accordance with this chapter and shall comply with the review process, if required, under SEQR.
§ 200-67 Zoning Board of Appeals; powers and duties.
[Amended 10-13-2020 by L.L. No. 3-2020]
Creation and membership. There is hereby established a Zoning Board of Appeals having the powers authorized under the Consolidated Laws of the State of New York.
Said Board shall consist of five voting members and one alternate appointed by the Town Board. Each member shall serve for a term of five years, and the terms shall be on a staggered basis. An appointment to a vacancy occurring prior to the expiration of a term shall be for the remainder of the unexpired term.
No member shall hold elective office in the Town of Richmond or be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest.
The Town Board may provide for compensation to be paid to the board.
Training, continuing education, carry-over of training hours. In making appointments to the Zoning Board of Appeals, the Town Board shall require Zoning Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Town Board shall reimburse the members for appropriate expenses incurred in obtaining training.
New Zoning Board of Appeals members shall be required to take four hours of training within the first year of appointment. After their first year of service, all members shall henceforth be required to take a minimum of five hours per year thereafter.
All training shall be relevant to that member's powers or duties on the Zoning Board of Appeals and sponsored by the New York State Association of Towns, New York Planning Federation, State of New York or any approved political subdivision thereof, Regional Planning Councils, Ontario County Planning Department, any provider approved by the Town Board (including but not limited to compliance training such as state-mandated annual Sexual Harassment and Workplace Violence Training), or any such session approved by the Zoning Board of Appeals Chairperson.
The training received by a member of Zoning Board of Appeals in excess of five hours in any one year may be carried over by the member into the next succeeding year, in order to meet the requirements of this chapter.
Acceptable forms of training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning, traditional classroom training, and online training. In accordance with this chapter, online training will require a methodology to receive certificates of completion.
Membership performance.
Zoning Board of Appeals members are required to attend at least nine out of 12 Board meetings in any calendar year. The Town Board shall review training and attendance when three meetings are missed in a calendar year or three consecutive months as in December, January, then February. The review shall consist of a confidential interview with the Supervisor, Board Chair, and another Town Board Member. In the event the performance of the Zoning Board Chair is to come under review, the interview shall be conducted by a super majority of the Town Board and majority of the Zoning Board of Appeals.
Failure of a Zoning Board of Appeals member to satisfy the attendance or training requirement shall be cause for removal from the Zoning Board of Appeals.
The Zoning Board of Appeals Chairperson shall cause notice of Zoning Board of Appeals members' compliance with these requirements to be entered into the minutes of the Board of Appeals as the official record of said Board. The Zoning Board of Appeals Chairperson shall require proof of attendance and to submit documentation to the Town Board.
Process for removing Zoning Board of Appeals member from office.
The Town Board shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law or ordinance.
A public hearing notice for the removal of a Zoning Board of Appeals member pursuant to this article shall be given to said Zoning Board of Appeals member at least 10 days prior to the date of such public hearing.
The Town Board shall hold said public hearing at its next regularly scheduled meeting occurring 10 days following the delivery of notice to the Zoning Board of Appeals member. The decision of the Town Board after said public hearing will be final and effective as of the date of the decision.
Alternate member positions on the Zoning Board of Appeals.
There is hereby established one alternate Zoning Board of Appeals member position for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest, illness, or absence.
The alternate member of the Zoning Board of Appeals shall be appointed by resolution of the Town Board for a term of five years as established by the Town Board.
The Chairperson of the Zoning Board of Appeals may designate the alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board or because of that member's illness or absence.
When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Zoning Board of Appeals. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made.
All provisions of New York State Town Law, the Town of Richmond Code and any Town of Richmond rules, regulations, policies, or procedures relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members.
Organization and procedures.
Appointment of officers; meetings.
The Town Board shall appoint a Chairperson for a term of one year, at the organizational meeting of the Town Board held at the beginning of each year. The Zoning Board of Appeals shall adopt rules and regulations consistent with law or ordinance. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.
The Chairperson shall annually designate one member to be Vice-Chairperson at their annual meeting. The Vice-Chairperson, in the absence of the Chairperson, may administer oaths and compel the attendance of witnesses.
Pursuant to the provisions of § 267(2) of New York State Town Law, the Secretary shall be appointed by the Zoning Board of Appeals. The Secretary shall serve for a term of one year. The Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose.
The Zoning Board of Appeals shall establish such rules and regulations as are required by state and local laws for the transaction of its business and may amend, modify, and repeal the same from time to time. A copy of such rules shall be filed with the Town Clerk and the Code Enforcement Officer.
Hearings open to the public. Hearings of the Board of Appeals shall be public. The Board shall keep minutes of its proceedings, showing the action of the Board, and the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its inspections and other official actions, all of which shall be a public record.
Quorum; voting. The presence of three members shall constitute a quorum. The Zoning Board of Appeals shall act by resolution, roll call vote or motion. Except as otherwise required by state, county, or local law, rule or requirement, the concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement or decision or determination of the Code Enforcement Officer or to decide in favor of the applicant any matter upon which it is required to pass under this section or to grant any variation from the requirements of this section.
Powers and duties.
The members of the Zoning Board of Appeals shall read, review, and become familiar with the community goals, desires, and policies as expressed in the Town Comprehensive Plan, and in rendering approvals, recommendations and reports shall be guided by such plan. Each member, as part of their annual education and training requirements, shall sign an acknowledgement that they have read or re-read the New York State Town Comprehensive Plan Law under Section 272-a. This requirement shall be completed by April 1 each year or within three months of appointment of a new Zoning Board of Appeals member for mid-year appointment. The Chairperson shall forward to the Town Clerk copies of the signed acknowledgements.
Hold public hearings.
The Zoning Board of Appeals shall hold public hearings, as required, and as may be permitted by this local law, prior to issuing a decision on a request for variance, interpretation, or other appeal.
The Zoning Board of Appeals shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:
By publishing a notice in the official newspaper of the Town at least five days prior to the date thereof.
The applicant shall place one sign on the property for which a variance or other appeal is requested. Said sign shall be provided by the Code Enforcement Officer. The sign shall be placed in a location that is easily read from a public street. The sign shall specify the date, time, and place of the public hearing and a telephone number to call for more specific information. Such sign shall be placed on the site not less than 10 days prior to the public hearing and shall be brought to the hearing by the applicant or his designated representative.
Hear and decide appeals.
The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision interpretation, or determination made by the Code Enforcement Officer or other administrative official under this chapter.
Such appeal may be taken by any person aggrieved, or by an officer, board, or department of the Town. Such appeal shall be taken within 62 days after the filing in the Town Clerk's office of any order, requirement, decision, interpretation, or determination of the Code Enforcement Officer.
The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
Hear and decide area variances.
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, or in conjunction with an application for site plan review or subdivision approval, to grant area variances.
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
In the case of a setback variance from a public or private right-of-way, the Zoning Board of Appeals shall determine that visibility along such right-of-way shall not unduly compromise public safety. Any new off-street parking shall be located in such a way that visibility and safety is not unduly compromised. Wherein the Zoning Board of Appeals finds the visibility or safety compromised adjacent to a public right-of-way, the Board of Appeals shall request a written opinion concerning the magnitude of compromise of visibility and safety from the agency of competent jurisdiction over such public right-of-way (for example, Town Highway Superintendent, County Commissioner of Public Works, or New York State Department of Transportation), and shall factor such opinions into its decision.
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.
Hear and decide use variances.
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant, grant with conditions, or deny use variances.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence provided by the applicant.
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
The requested use variance, if granted, will not alter the essential character of the neighborhood.
The alleged hardship has not been self-created.
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.
Special use permits. The Zoning Board of Appeals shall hear and decide applications for special use permits in accordance with § 200-39 of the Richmond Town Code and authorize issuance of special use permits as specifically provided therein. A majority vote of the members of the Zoning Board of Appeals shall be necessary to grant a special use permit.
Imposition of conditions. The Zoning Board of Appeals may, in the granting of both use variances and area variances, or special use permits, impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this section and shall be imposed for the purpose of minimizing any adverse impact that such variance and special use permit may have on the neighborhood or community.
Failure to comply. Failure to abide by any conditions attached to a special use permit or an area or use variance shall be a violation of this chapter and shall be subject to such penalties as are set forth in §§ 200-71, 200-72, and 200-73 of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend, or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds:
False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers, or supporting testimony of a material fact, which fact, had it been known to the Zoning Board of Appeals at the time of its review, would have resulted in a denial of the approval sought.
Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval.
Activity beyond such approval: exceeding the scope of the activity, use, or project as the same was described in the application.
Rehearings. Any member of the Zoning Board of Appeals may make a motion for the Board of Appeals to hold a rehearing to review any order, decision, or determination of the board that has not been previously reheard. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify, or annul its original order, decision, or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision, or determination will not be prejudiced thereby.
Zoning Board of Appeals office. The office of the Code Enforcement Officer shall be the office of the Zoning Board of Appeals. Every rule, regulation, amendment, or repeal thereof and every order, requirement, decision, or determination of the Board shall immediately be filed in said office as required by the Town Law of the State of New York. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its environmental reviews and determination, its examinations, and other official actions.
Attendance records; notice of absences. The Secretary to the Zoning Board of Appeals shall maintain such required attendance records. Attendance shall be recorded in the minutes by the Secretary. The Secretary shall advise the Chairperson of the Zoning Board of Appeals when a member has violated the attendance policy described above. The Chairperson of the Zoning Board of Appeals shall provide written notification to any member upon their third absence; notice to be served in accordance with Subsection D herein.
Training certificates. Copies of training certificates, including dates and hours of credit, shall be on file with the Secretary of the Zoning Board of Appeals. The Secretary shall also file copies of completed training certificates with the Town Clerk. Members of the Zoning Board of Appeals are required to keep their original training certificates. Copies of the training requirement certificates shall be reviewed at the time of the annual audit of the Town books in January every year by the Town Board.
§ 200-68 Planning Board; powers and duties.
Creation and membership. There is hereby established a Planning Board having the powers authorized under the Consolidated Laws of the State of New York.
The Planning Board shall consist of seven voting members and one alternate, appointed by the Town Board. Each member shall serve for a term of seven years, and the terms shall be on a staggered basis. An appointment to a vacancy occurring prior to the expiration of a term shall be for the remainder of the unexpired term.
No member shall hold elective office in the Town of Richmond or be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest.
The Town Board may provide for compensation to be paid to the board.
Training, continuing education, and carry-over of training hours. In making appointments to the Planning Board, the Town Board shall require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. The Town Board shall reimburse the members for appropriate expenses incurred in obtaining training.
New Planning Board members shall be required to take four hours of training within the first year of appointment. After their first year of service, all members shall henceforth be required to take a minimum of five hours per year thereafter.
All training shall be relevant to that member's powers or duties on the Planning Board and sponsored by the New York State Association of Towns, New York Planning Federation, State of New York or any approved political subdivision thereof, Regional Planning Councils, Ontario County Planning Department, any provider approved by the Town Board (including but not limited to compliance training such as state-mandated annual Sexual Harassment and Workplace Violence Training), or any such session approved by the Planning Board Chairperson.
The training received by a member of the Planning Board in excess of five hours in any one year may be carried over by the member into the next succeeding year, in order to meet the requirements of this chapter.
Acceptable forms of training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning, traditional classroom training, and online training. In accordance with this chapter, online training will require a methodology to receive certificates of completion.
Membership performance.
Planning Board members are required to attend at least nine out of 12 Board meetings in any calendar year. The Town Board shall review training and attendance when three meetings are missed in a calendar year or three consecutive months as in December, January, and then February. The review shall consist of a confidential interview with the Supervisor, Board Chair, and another Town Board Member. In the event the performance of the Planning Board Chair is to come under review, the interview shall be conducted by a super majority of the Town Board and majority of the Planning Board.
Failure of a Planning Board member to satisfy the attendance or training requirement may be cause for removal from the Planning Board.
The Planning Board Chairperson shall cause notice of Planning Board members' compliance with these requirements to be entered into the minutes of the Planning Board as the official record of the Planning Board. The Chairperson shall require proof of attendance and to submit documentation to the Town Board.
Process for removing Planning Board member from office.
The Town Board shall have the power to remove, after public hearing, any member of the Planning Board for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law or ordinance.
A public hearing notice for the removal of a Planning Board member pursuant to this article shall be given to said Planning Board member at least 10 days prior to the date of such public hearing.
The Town Board shall hold said public hearing at its next regularly scheduled meeting occurring 10 days following the delivery of notice to the Planning Board member as prescribed in Subsection D(2) above. The decision of the Town Board after said public hearing will be final and effective as of the date of the decision.
Alternate member position on the Planning Board.
There is hereby established one alternate Planning Board member position for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest, illness, or absence.
Alternate member of the Planning Board shall be appointed by resolution of the Town Board, for a term of seven years as established by the Town Board.
The Chairperson of the Planning Board may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board or because of that member's illness or absence.
When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Planning Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
All provisions of New York State Town Law, the Town of Richmond Code, and any Town of Richmond rules, regulations, policies or procedures relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to the alternate member.
Organization and procedures.
Appointment of officers; meetings.
The Town Board shall appoint a Chairperson for a term of one year, at the organizational meeting of the Town Board held at the beginning of each year. The Planning Board shall adopt rules and regulations consistent with law or ordinance. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.
The Chairperson shall annually designate one member to be Vice-Chairperson at their annual meeting. The Vice-Chairperson, in the absence of the Chairperson, may administer oaths and compel the attendance of witnesses.
Pursuant to the provisions of § 271(2) of New York State Town Law, the Secretary shall be appointed by the Planning Board. The Secretary shall serve for a term of one year. The Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose.
The Planning Board shall establish such rules and regulations as are required by state and local laws for the transaction of its business and may amend, modify, and repeal the same from time to time. A copy of such rules shall be filed with the Town Clerk and the Code Enforcement Officer.
Hearings open to the public. Hearings of the Planning Board shall be public. The Board shall keep minutes of its proceedings, showing the action of the Board, and the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its inspections and other official actions, all of which shall be a public record.
Quorum; voting. The presence of five members shall constitute a quorum. The Planning Board shall act by resolution, roll call vote or motion. Except as otherwise required by state, county or local law, rule or requirement, the concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Code Enforcement Officer or to decide in favor of the applicant any matter upon which it is required to pass under this section or to grant any variation from the requirements of this section.
Powers and duties of the Planning Board. The Planning Board shall have the following powers and duties:
To read, review, and become familiar with the community goals, desires and policies as expressed in the Comprehensive Plan of the Town of Richmond and in rendering approvals, recommendations and reports shall be guided by such plan. Each member, as part of their annual education and training requirements, shall sign an acknowledgement that they have read or re-read the New York State Town Comprehensive Plan law under Section 272-a. This requirement shall be completed by April 1 each year or within three months of appointment of a new Planning Board member for mid-year appointment. The Chairperson shall forward to the Town Clerk copies of the signed acknowledgements.
To review and recommend revisions to the Comprehensive Plan for the development of the Town as provided under Section 272-a of Town Law and/or Town Board resolution.
To review and comment on all proposed zoning amendments and to make investigations, maps, reports, and recommendations relating to the planning and development of the Town as it deems desirable. This shall include but not be limited to changes in boundaries of districts, recommended changes in the provisions of this section, other land use and development matters of importance to the Planning Board, and to act on any matter lawfully referred to it by the Town Board.
To review site plans as authorized by New York State Town Law and prescribed in this chapter.
To review applications for subdivisions as authorized by New York State Town Law and prescribed in Chapter 173 (Subdivision of Land) of the Code of the Town of Richmond.
To review proposals to approve or disapprove the laying out, closing off, abandonment, or changes in lines of streets, highways, and public areas and to make recommendations to the Town Board.
To review, act on, or provide advisory reports as specified by this section.
To make referrals to other Town departments, boards and/or officials to request advisory opinions to assist the Planning Board in making decisions which affect the development of the Town.
All such powers and duties as are conferred upon Town Planning Boards and subject to the limitations set forth in Sections 272, 272-a, 274, 274-a, 275, 276, 277, 278, and 281 of the New York State Town Law, as the same may be amended, modified, or changed from time to time, or any sections subsequently adopted pertaining to Planning Boards.
Planning Board office. The office of the Code Enforcement Officer shall be the office of the Planning Board. Every rule, regulation, amendment, or repeal thereof and every order, requirement, decision, or determination of the Board shall immediately be filed in said office as required by the Town Law of the State of New York. The Planning Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its environmental reviews and determination, its examinations, and other official actions.
Service on other planning boards. No person may be disqualified from serving as a member of the Planning Board by serving as a member of the Ontario County Planning Board.
Attendance records; notice of absences. The Secretary to the Planning Board shall maintain such required attendance records. Attendance shall be recorded in the minutes by the Secretary. The Secretary shall advise the Chairperson of the Planning Board when a member has violated the attendance policy described above. The Chairperson of the Planning Board shall provide written notification to any member upon their third absence; notice to be served in accordance with Subsection D herein.
Training certificates. Copies of training certificates, including dates and hours of credit shall be on file with the Secretary of the Planning Board. The Secretary shall also file copies of completed training certificates with the Town Clerk. Members of the Planning Board are required to keep their original training certificates. Copies of the training requirement certificates shall be reviewed at the time of the annual audit of the Town books in January every year by the Town Board.
[1]
Editor’s Note: This local law also repealed L.L. No. 4-2015, adopted 2-10-2015, which local law reduced the number of Planning Board members from seven to five.
§ 200-69 Site development plan review, pre-application meeting, and application completeness.
[Amended 10-13-2020 by L.L. No. 3-2020]
Prior to the issuance of a zoning permit in any district or issuing a certificate of zoning compliance for a change in use of an existing premises, the Code Enforcement Officer shall require the preparation of a site plan, except for single-family residences, accessory buildings or uses, and agricultural buildings or uses. The Code Enforcement Officer shall refer the completed site plan to the Planning Board for its review and approval in accordance with the standards and procedures set forth in this section.
The purpose of the pre-application meeting is to provide the applicant with the necessary information in order to save the applicant time and money and to make the most of opportunities for a desirable development.
The applicant is required to attend a pre-application meeting with the Code Enforcement Officer or a designee of the Code Enforcement Officer, and a member of the Planning Board (designated by the Planning Board) to review all the application procedures (including, but not limited to, the site plan application form and site plan checklist to be filled in by applicant, and a flow chart for new building and/or expansion process, outlining the review and approval process, and current fee schedule), requirements and regulations prior to submission of a sketch layout or preliminary plat submission. Items to be reviewed include, but are not limited to, general requirements as to design of streets, reservations of land, stormwater management, wastewater disposal, potable water supply, fire protection, access connection spacing and bicycle facilities, landscaping of building foundations, parking areas, street front, signs and other improvements.
A general timeline for the application approval process, and any other information that will assist the applicant in preparing a complete application for submission, will be provided.
The applicant will be advised that there may be other local, county, state, or federal agencies or departments to be consulted, such as the Town engineer, New York State Department of Transportation, Ontario County Highway Department, New York State Department of Environmental Conservation, or other agencies.
An application for sketch layout or preliminary plat shall be considered complete for the purposes of initiating review and further processing if it is submitted in the required form and includes all mandatory information and the application fee has been paid. A determination of application completeness shall be made by the Code Enforcement Officer within 15 business days from date of submission. Despite a determination of application completeness by the Code Enforcement Officer, the Planning Board may make its own determination that an application is not complete and require the applicant to provide such documentation, information, or materials that it deems necessary to make such application complete.
If an application is determined to be incomplete, the Code Enforcement Officer shall provide written notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur, and no public hearings shall be scheduled until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 62 days, the application shall be considered withdrawn, and the application shall be returned to the applicant. By mutual agreement of the applicant and the Code Enforcement Officer, an extension may be granted.
Application fees are not refundable.
Sketch plan.
A sketch plan conference may be held between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. At the sketch plan conference, the applicant shall provide the data discussed below:
The title of drawing.
An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets and easements within 500 feet of the boundaries thereof.
The internal street pattern, if any, of the proposed development; the location of all existing structures on the site and the future use of the same; the existing zoning classifications(s) of the property and all properties within 1/4 mile, and any restrictions on land use of the site.
Existing natural features on the site and the future use of the same.
Contour intervals at 10 feet, including 200 feet of adjacent property.
The Planning Board may, at this stage, suggest changes in the sketch plan involving the street layout, traffic patterns, lot size or shape, preservation of natural features, or other matters which, in its opinion, will improve the layout in keeping with the best interests of the Town.
The Planning Board shall be permitted a reasonable time to review, but in no instance longer than 30 days.
Application for final detailed site plan approval. An application for final site plan approval with or without a sketch plan conference shall be made in writing to the Code Enforcement Officer and shall be accompanied by information drawn from the following checklist, established by the Planning Board as part of its procedures and/or at the sketch plan conference:
General considerations.
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls.
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience.
The location, arrangement, appearance, and sufficiency of off- street parking and loading.
The location, arrangement, size, design, and general site compatibility of building, lighting, and signs.
The adequacy of stormwater and drainage facilities, including ownership maintenance provisions, etc.
The adequacy of water supply and sewage disposal facilities.
The adequacy, type, and arrangement of trees, shrubs, and other landscape constituting a visual and/or noise buffer between the applicant's and adjoining land, including the maximum retention of existing vegetation and including provisions for maintenance and ownership of these areas.
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
Protection of adjacent or neighboring properties against noise, glare, unsightliness, or other objectionable features.
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding, and/or erosion.
Dark Sky compliance. All exterior lighting shall be Dark Sky compliant and focused downward to the maximum extent practicable to avoid excessive night time lighting glow. This is intended to eliminate problems of glare and minimize unnecessary light trespass on to abutting properties or streets, to protect residences from the negative impacts of neighboring commercial uses, to help reduce the energy costs of exterior lighting, and to reduce sky glow. Exterior lighting fixtures set forth by the International Dark Sky Association, or equivalent standard, shall be observed.
In its review, the Planning Board may consult with the Town engineer and officials as it deems appropriate.
The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans, and to submit landscape plans made by or under the direction of a registered landscape architect, together with an estimate of the cost of installing the same.
Public hearing. The Planning Board may conduct a public hearing on the final site plan. Such public hearing shall be conducted within 62 days of the receipt of the application for site plan approval and shall be advertised in the official newspaper of the Town at least five days before the public hearing.
Required referral. Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Planning Board when necessary for advisory review and a report in accordance with § 239-m of the General Municipal Law.
Action on the final site plan application.
Within 62 days of the public hearing for final site plan approval, the Planning Board shall render a decision to the Code Enforcement Officer. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer, who shall then issue a zoning permit to the applicant if the project conforms to all other applicable requirements.
Upon disapproving an application, the Planning Board shall so inform the Code Enforcement Officer and he shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
The decision of the Planning Board shall be filed in the Town Clerk's office within five business days after the decision is rendered. A copy of the decision must be mailed to the applicant.
Reimbursable costs. Pursuant to Chapter 27 (Fees Reimbursement) of the Town Code, reasonable and necessary administrative costs, as defined in § 27-4, incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant, in accordance with the fee schedule then in effect.
Performance guarantee. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Code Enforcement Officer, Town Engineer, Town Attorney, or other competent persons.
Inspection of improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town Engineer and other officials and agencies, as appropriate.
Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of the Town land subdivision regulations, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
Compliance with State Environmental Quality Review Act. The Planning Board shall act in accordance with the State Environmental Quality Review Act regulations set forth at 6 NYCRR § 617. An application for site plan review shall be accompanied by a completed Part I of an appropriate environmental assessment form as determined by the Planning Board. A site plan application shall not be considered complete for purposes of scheduling a public hearing until the Planning Board has completed its SEQRA environmental review.
Failure to comply. Failure to comply with a term or condition of an approved site plan shall be a violation of this chapter and shall be subject to such penalties as are set forth in §§ 200-71, 200-72, and 200-73 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend, or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds:
False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought.
Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval.
Activity beyond such approval: exceeding the scope of the activity, use, or project as the same was described in the application.
§ 200-70 Assessment of fees; fee schedule.
Fees, charges and expenses shall be assessed as part of the application for special use permits, variances, appeals, site plan approval, zoning permits and amendments to defray expenses and a procedure for their collection.
The Town Board shall establish a schedule of fees, charges and expenses and a procedure for their collection.
No action shall be taken on application or appeal until all applicable fees, charges and expenses have been paid in full and notice thereof forwarded to the appropriate board along with the application.
§ 200-70.1 Site inspection.
[Added 1-9-2018 by L.L. No. 1-2018]
Sites that are the subject of subdivision, zoning or other land use applications may be inspected by the Town's Engineer, and members of the board before which applications are pending, upon consent of the owner of the site. Approvals sought in said applications may be withheld if said inspections are not reasonably permitted.
§ 200-70.2 Appeals.
[Added 10-13-2020 by L.L. No. 3-2020]
Any person or persons jointly or severally aggrieved by any decision of the Planning Board or by any decision of the Board of Appeals may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. All such proceedings shall be instituted within 30 days after the applicable board's decision that is being appealed is filed in the office of the Town Clerk.