Sand Lake City Zoning Code
ARTICLE XIII
Administrative Provisions
§ 250-134 Notice of public hearing.
A.
Each notice of hearing upon an application for site plan review, special use permit, planned development district, subdivision, the review of a variance application upon an appeal to the Zoning Board of Appeals, or any other public hearing required by this chapter, New York State Town Law or SEQRA shall be published once in the official newspaper of the Town at least five days and no more than 45 days prior to the date of the hearing.
B.
Such notice of hearing may also be mailed directly by the reviewing board to all landowners of all parcels located directly adjacent to, across a street or public right-of-way from, and within 100 feet of the subject parcel at least 10 days prior to the hearing date. The list of landowners to receive such notice shall be based on the most recent assessment roll for the Town. The cost of such mailing shall be charged back to the applicant.
C.
The cost of the public hearing notice and fee shall be included in the fee for the applicable review or permit. If subsequent hearings are required by the reviewing board or requested by the applicant, the cost of additional notices and mailings shall be paid by the applicant prior to such notices and mailings being sent.
§ 250-135 Referral under General Municipal Law.
Applications and hearings required by this chapter are subject to §§ 239-1, 239-m, 239-n, and 239-nn of New York State General Municipal Law.
§ 250-136 Records to be retained.
The original or a certified copy of all decisions, approvals, rulings and findings of any board under this chapter, and of all permits and certificates issued under this article, shall be promptly sent to the Town Clerk and retained as a permanent Town public record.
§ 250-137 Assistance to Boards.
The Planning Board and Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Town and/or other professionals for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee, and/or other professional may be reimbursed for any expenses incurred as a result of such assistance by the project applicant. The Planning Board and Zoning Board of Appeals shall have the power and authority to require establishment of escrow accounts, 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 the appropriation that may be made therefor by the Town Board.
§ 250-138 SEQR compliance.
The Planning Board and Zoning Board of Appeals 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 Title 6, Part 617, of the New York Codes, Rules and Regulations.
§ 250-139 Code Enforcement Officer.
A.
The Code Enforcement Officer shall have the power and duty to administer and enforce the provisions of this chapter. The Code Enforcement Officer shall be appointed by, and may be removed at the pleasure of, the Town Board. The Town Board may appoint Deputy Code Enforcement Officers to exercise any or all of the duties of the Code Enforcement Officer.
B.
Code Enforcement Officer duties. The Code Enforcement Officer shall not issue a permit for the construction of any building or use of any property unless such building or use conforms to all laws and ordinances of the Town.
§ 250-140 Planning Board.
A.
General provisions.
(1)
The Planning Board shall have all the powers and perform all the duties prescribed by state statute and by this chapter. The Planning Board shall have original jurisdiction for all matters pertaining to this Zoning Law pursuant to state statute.
(2)
The Planning Board shall consist of seven members serving seven-year terms, with one member's term expiring at the end of each calendar year. The members and the Chairperson of such Planning Board shall be appointed by the Town Board. All vacancies shall be announced and publicized by the Town Board in order to solicit applications from potential members. In the absence of a Chairperson, the Planning Board may designate a member to serve as Chairperson.
(3)
Town Board eligibility. No person who is a member of the Town Board shall be eligible for membership on the Planning Board.
(4)
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 the Town or County Planning Agency.
(5)
Rules and regulations. The Planning Board may recommend to the Town Board regulations relating to any subject matter over which the Planning Board has jurisdiction under this chapter or any other statute, or under any local law of the Town. Adoption of any such recommendations by the Town Board shall be by local law.
(6)
Report on referred matters. The Town Board may seek input from the Planning Board where its input would help the Town Board make a more informed decision. The Town Board may by resolution provide for the referral of any matter or class of matters to the Planning Board before final action is taken thereon by the Town Board or other office or officer of the Town having final authority. The Town Board may further stipulate that final action shall not be taken until the Planning Board has submitted its report, or after the Planning Board has exceeded the time period set by the Town Board for the Planning Board to submit its report.
B.
Training and attendance requirements.
(1)
Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet these requirements. Such training requirements shall be established by resolution of the Town Board.
(2)
To be eligible for reappointment to such Board, such member shall have completed the training set forth by the Town Board.
(3)
No decision of the Planning Board shall be voided or declared invalid because of a failure to comply with these training requirements.
C.
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
D.
Removal of members. 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.
E.
Chairperson duties. The Town Board shall annually designate a member of the Planning Board to serve as Chairperson in January. 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. In the absence of the Chairperson, the Vice Chairperson shall conduct the meetings. The Chairperson, or, in his or her absence, the Vice Chairperson, may call for special meetings of the Planning Board.
§ 250-141 Zoning Board of Appeals.
A.
General provisions.
(1)
Zoning Board of Appeals. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by state statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this Zoning Law.
(2)
Appointment of members. The Town Board shall appoint a Zoning Board of Appeals consisting of five members serving terms of five years with one term expiring at the end of each calendar year, and shall designate the Chairperson thereof. All vacancies shall be announced and publicized by the Town Board in order to solicit applications from potential members. In the absence of a Chairperson, the Zoning Board of Appeals may designate a member to serve as Acting Chairperson.
(3)
Alternate members.
(a)
The Town Board shall establish alternate Zoning Board of Appeals member positions for purposes of substituting for a member in the event such member is unable to participate because of a conflict of interest. Alternate members of the Zoning Board of Appeals shall be appointed by resolution of the Town Board, for terms established by the Town Board.
(b)
The chairperson of the Zoning Board of Appeals 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. 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.
(c)
All provisions of this section 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.
(4)
Town Board members ineligible. No person who is a member of the Town Board shall be eligible for membership on such Zoning Board of Appeals.
B.
Training and attendance requirements.
(1)
Each member of the Zoning Board of Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet these requirements. Such training shall be approved by the Town Board.
(2)
To be eligible for reappointment to such Board, such member shall have completed the training.
(3)
No decision of a Zoning Board of Appeals shall be voided or declared invalid because of a failure to comply with these training requirements.
C.
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
D.
Removal of members. 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.
E.
Chairperson duties. The Town Board shall annually designate a member of the Zoning Board of Appeals to serve as Chairman in January. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. In the absence of the Chairperson, the Vice Chairperson shall conduct the meetings. The Chairperson, or, in his or her absence, the Vice Chairperson, may call for special meetings of the Zoning Board of Appeals.