Sylvan Beach Village
City Zoning Code
City Zoning Code
ARTICLE IX
Review Authorities
§ 136-64 Responsibility for administration.
Direct responsibility for the administration and enforcement of the provisions of this chapter shall be vested in the Code Enforcement Officer, Village Board, Planning Board and Zoning Board of Appeals, all in accordance with the provisions of this article.
§ 136-65 Village Board.
In addition to the jurisdiction conferred on it by other provisions of the regulations of the Village, the Village Board shall have the following powers and duties:
Text amendments. The Village Board shall be responsible for reviewing text amendment applications and for taking final action to approve, approve with modifications or deny such applications.
Map amendments. The Village Board shall be responsible for reviewing map amendment (rezoning) applications and for taking final action to approve, approve with conditions or deny such applications.
§ 136-66 Planning Board.
Membership.
Appointment. The Planning Board shall consist of five members appointed by the Mayor, subject to the approval of the Village Board of Trustees.
Board composition. All members of the Planning Board shall be residents of the Village of Sylvan Beach.
Compensation. All members of the Planning Board may serve with compensation as determined by the Village 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 Mayor.
Mandatory training. All members of the Planning Board shall be required to attend at least eight hours of training regarding municipal planning, land use and environmental issues during their first year on the Board. For each subsequent year, the Planning Board members shall be required to attend four hours of such training. All training shall be relevant to the member's powers or duties on the Planning Board and sponsored by the New York Planning Federation, State of New York or any political subdivision thereof, or any session approved by the Planning Board Chairperson and Code Enforcement Officer.
Removal.
Any member of the Planning Board may be removed for cause by the Village Board at any time; provided, however, that before any such removal, such member shall be given an opportunity to be heard in his or her own defense at a public meeting. Cause for removal of a member may include one or more of the following:
Any undisclosed or unlawful conflict of interest;
Any violation of the codes or rules applicable to the member's performance of his or her duties;
Any unwillingness or inability to carry out his or her duties in a prompt, conscientious and competent manner;
Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his or her duties or any other specific conduct of the member found by the Village Board to be detrimental to the proper functioning of the Board.
No member who has been removed for cause shall be reappointed.
Chairperson. The Mayor, subject to the Village Board of Trustees' approval, shall appoint one of the Planning Board members as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office. In the absence of a Chairperson, the Planning Board may designate a member to serve as Chairperson.
Planning Board Secretary and public record.
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 Village Clerk 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.
Voting procedures.
Quorum. As to any matter requiring a hearing before the Planning Board, no business shall be transacted by the Board without three members of the Board being present. The concurring vote of at least three members shall be necessary for any action by the Board.
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.
Voting. 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 he or she has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
Meetings, hearings and rules of order.
Meetings. Regular meetings of the Planning Board shall be held as provided for in the Planning Board bylaws.
Hearings. All meetings and hearings of the Planning Board shall be open to the public.
Rules of order. The Planning Board shall follow the rules and procedures for meetings as provided for herein and by the Planning Board bylaws.
Planning Board bylaws or rules. The Planning Board shall prepare and adopt bylaws and/or rules from time to time that address design guidelines, public input procedures, administrative procedures and development review process. Such bylaws shall be adopted by resolution following a public hearing by the Planning Board and following acceptance by resolution of the Village Board. Design guidelines shall also be approved by Village Board resolution.
Record and decisions.
Decisions. The Planning Board may rely on the personal knowledge of its members, testimony at the public hearings, on its inspections of the property and on any reports available to it. Every decision of the Planning Board shall be by resolution and shall expressly set forth any limitations or conditions imposed or use authorized.
Final decision. Decisions of the Planning Board shall first present findings and conclusions at a meeting open to the public and shall state any special circumstances or conditions. Decisions of the Board shall be final upon adoption of the minutes and/or resolution of Planning Board by a majority of the members of the Planning Board and the filing of the minutes and/or resolution with the Office of the Village Clerk.
Failure to act.
In any case where this chapter provides that the failure of the Planning Board to act within a fixed period shall be deemed a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Board rendered on the day following the expiration of such fixed period. Such a decision may be appealed in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
Where no decision is made by the Planning Board and the time period for rendering a decision has not expired, the action will be placed on the agenda of the next scheduled regular or special meeting.
Notification of decision. Within five business days following the final 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 Village Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.
Conflicts. No member of the Planning Board shall participate in the hearing or disposition of any matter in which he or she has an economic interest. Any conflict of interest prohibited by Article 18 of the General Municipal Law shall disqualify a member.
Appeals. An appeal from any final decision of the Planning Board may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, Code Enforcement Officer or board of the Village in accordance with Article 78 of the New York Civil Practice Law and Rules.
Jurisdiction and authority. The Planning Board shall have the following jurisdiction and authority:
To review and recommend on matters relevant to the Comprehensive Plan.
To hear, review and offer its recommendations to the Zoning Board of Appeals for special use permit approval, subject to the provisions of § 136-78.
To hear, review and finally decide applications for site plan review, subject to the provisions of § 136-76.
To investigate and report its recommendations with respect to any proposed change or amendment in the Zoning Code or regulations of said Village and to pass upon any other matters which may from time to time be referred to it by the Village Board or the Zoning Board of Appeals.
§ 136-67 Zoning Board of Appeals.
Membership.
Appointment.
The Zoning Board of Appeals shall consist of five members appointed by the Mayor and subject to the approval of the Village Board of Trustees.
All provisions of state law relating to Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local code relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
Board composition. All members of the Zoning Board of Appeals shall be residents of the Village of Sylvan Beach and shall not be officers or employees of the Village or any of its agencies or departments.
Compensation. All members of the Zoning Board of Appeals may serve with compensation as determined by the Village 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 Mayor.
Mandatory training. All members of the Zoning Board of Appeals shall be required to attend at least eight hours of training regarding zoning, land use and environmental issues during their first year on the Board. For each subsequent term, the Zoning Board members shall be required to attend four hours of such 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 Planning Federation, State of New York or any political subdivision thereof, or any session approved by the Zoning Board Chairperson and Code Enforcement Officer.
Removal.
Any member of the Zoning Board of Appeals may be removed for cause by the Village Board at any time; provided, however, that before any such removal, such member shall be given an opportunity to be heard in his or her own defense at a public meeting. Cause for removal of a member may include one or more of the following:
Any undisclosed or unlawful conflict of interest;
Any violation of the codes or rules applicable to the member's performance of his or her duties;
Any unwillingness or inability to carry out his or her duties in a prompt, conscientious and competent manner;
Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his or her duties or any other specific conduct of the member found by the Village Board to be detrimental to the proper functioning of the Board.
No member who has been removed for cause shall be reappointed.
Chairperson. The Mayor shall appoint one of the Zoning Board of Appeals members as Chairperson to preside at all meetings and hearings and to fulfill the customary functions of that office. In the absence of the Chairperson, the Zoning Board of Appeals may designate a member to serve as Chairperson.
Zoning Board of Appeals Secretary and public record.
The Zoning Board of Appeals 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.
Voting procedures.
Quorum. As to any matter requiring a hearing before the Zoning Board of Appeals, no business shall be transacted by the Board without three members of the Board being present. The concurring vote of three members shall be necessary for any action by the Board.
Deliberation. As to any matter not requiring a hearing, the Zoning 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.
Voting. 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 he or she has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
Meetings, hearings and rules of order.
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, or at the request of the Village Board.
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 the rules and procedures for meetings as provided for herein and by the Zoning Board of Appeals bylaws.
Zoning Board of Appeals bylaws. The Zoning Board of Appeals shall prepare and adopt bylaws from time to time that address operating rules, public input procedures, and administrative procedures and standards. Such bylaws shall be adopted by resolution following a public hearing by the Zoning Board of Appeals and acceptance by resolution of the Village Board.
Record and decisions.
Decisions. The Board may rely on the personal knowledge of its members, testimony at the public hearing, on its inspections of the property and on any reports available to it. Every decision of the Zoning Board of Appeals shall be by resolution and shall expressly set forth any limitations or conditions imposed or any relief approved, work or use authorized.
Final decision. Decisions of the Zoning Board of Appeals shall first present findings and conclusions at a meeting open to the public and shall state any special circumstances or conditions. Decisions shall be final upon adoption of the minutes and/or resolution of the Board by a majority of the members and the filing of the minutes and/or resolution with the Office of the Village Clerk.
Failure to act.
In any case where this chapter provides that the failure of the Zoning Board of Appeals to act within a fixed period shall be deemed a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Board rendered on the day following the expiration of such fixed period. Such a decision may be appealed in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
Where no decision is made by the Zoning Board of Appeals and the time period for rendering a decision has not expired, the action will be placed on the agenda of the next scheduled regular or special meeting.
Notification of decision. Within five business days following the final decision of the Zoning Board of Appeals, the Village Clerk shall mail notice thereof to each person entitled to such notice and file such decision in the office of the Village Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.
Conflicts. No member of the Zoning Board of Appeals shall participate in the hearing or disposition of any matter in which he or she has an economic interest. Any conflict of interest prohibited by Article 18 of the General Municipal Law shall disqualify a member.
Appeals. An appeal from any final decision of the Zoning Board of Appeals may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, Code Enforcement Officer or board of the Village in accordance with Article 78 of the New York Civil Practice Law and Rules.
Jurisdiction and authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:
To hear and decide appeals from, and review orders, decisions or determinations made by, the Code Enforcement Officer.
To approve or deny variances from the requirements of this chapter.
To hear, review and finally decide applications for special use permit approval.
To reverse or affirm, wholly or partly, or modify the order, requirement, decision, interpretation or determination appealed from, and the Board shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such code or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
§ 136-68 Code Enforcement Officer.
The Code Enforcement Officer shall have the following powers and duties:
Submit an annual report to the Village Board listing all applications received, inspections made, referrals and action taken on each. Copies of this report shall be transmitted to the Zoning Board of Appeals and Planning Board at the same time.
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, he or she shall be authorized to enter any premises or building at a reasonable time and upon reasonable notice to determine whether or not the same is in violation of this chapter and may impose such reasonable conditions as may be deemed necessary to ensure compliance, including but not limited to the posting of securities.
Provide the Zoning Board of Appeals, in writing, with all facts pertaining to the refusal to issue development permits and certificates when such information is requested by the Board; for denied development permits provide, in writing, the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
For violations of this chapter:
Notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it;
Order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures, or of illegal additions, alterations or structural changes; stop work or discontinuance of any illegal work being done; or
Take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
On the serving of the notice by the Code Enforcement Officer to the owner of any property in violation of any of the provisions of this chapter, the certificate of compliance for such building or use shall be held null and void. A new certificate of compliance shall be required for any further use of such building or premises.
Issue appearance tickets pursuant to § 150.20 of the New York State Criminal Procedure Law.