Town Of Dewitt City Zoning Code
ARTICLE XIX
Review Authorities
§ 192-115 Responsibility for administration.
Direct responsibility for the administration and enforcement of the provisions of this chapter shall be vested in the Department, Town Board, Planning Board and Zoning Board of Appeals, all in accordance with the provisions of this article.
§ 192-116 Town Board.
A.
Powers and duties. In addition to the jurisdiction conferred on it by other provisions of the regulations of the Town, the Town Board shall have the following powers and duties:
(1)
Text amendments. The Town Board shall be responsible for reviewing text amendment applications and for taking final action to approve, approve with modifications or deny such applications.
(2)
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.
§ 192-117 Planning Board.
A.
Membership.
(1)
Appointment and terms.
(a)
The Planning Board shall consist of seven members appointed by the Town Board. In addition, the Town Board shall appoint two alternate members to the Planning Board.
(b)
Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years, one for the term of six years and one for the term of seven years from and after his/her appointment. Their successors shall be appointed for the term of seven years from and after the expiration of the terms of their predecessors in office. Of the alternate members of the Board first appointed, one shall be appointed for a term of one year and one for a term of two years, and all successors shall be appointed for a term of two years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board, which shall appoint an alternate member with the longest tenure for the unexpired term.
(c)
All provisions of state law related to Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
(2)
Board composition. All members and alternates of the Planning Board shall be residents of the Town of DeWitt and shall not be officers or employees of the Town or any of its agencies or departments.
(3)
Compensation. All members of the Planning Board, including alternates, may 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.
(4)
Vacancies. Permanent vacancies on the Planning Board shall be filled by the Town Board.
(5)
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. If more than four hours of training are taken in any subsequent year, such excess, up to a maximum of four hours, may be carried forward and applied to the required training in the next year. 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 and Commissioner of the Department.
(6)
Removal.
(a)
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 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:
[1]
Any undisclosed or unlawful conflict of interest.
[2]
Any violation of the codes, ordinances or rules applicable to the member's performance of his or her duties.
[3]
Any unwillingness or inability to carry out his or her duties in a prompt, conscientious and competent manner.
[4]
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 Town Board to be detrimental to the proper functioning of the Board.
[5]
Members may be removed from the Planning Board if they miss 33% of the meetings during the course of one calendar year, miss three consecutive meetings or do not meet their mandatory training requirements.
(b)
No member who has been removed for cause shall be reappointed.
B.
Chairperson and Vice Chairperson. The Town Board 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. The Chairperson shall annually appoint one of his 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.
C.
Planning Board Secretary and public record.
(1)
The Planning Board Secretary shall attend all its proceedings and, upon request, the proceedings of any of its committees.
(2)
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.
(3)
The Town 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.
D.
Voting procedures.
(1)
Quorum. As to any matter requiring a hearing before the Planning Board, no business shall be transacted by the Board without four members of the Board being present. The concurring vote of at least four members shall be necessary for any action by the Board.
(2)
Substitutions/alternates. The Chairperson of the Planning Board may designate an alternate to substitute for a member when such member is unavailable or unable to participate 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 Planning Board meeting at which the substitution is made.
(3)
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.
(4)
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 they 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.
E.
Meetings, hearings and rules of order.
(1)
Meetings. Regular meetings of the Planning Board shall be held as provided for in the Planning Board bylaws. Special meetings may be called by the Chairperson upon five days' notice.
(2)
Hearings. All meetings and hearings of the Planning Board shall be open to the public.
(3)
Rules of order. The Planning Board shall follow the rules and procedures for meetings as provided for herein and by the Planning Board bylaws.
F.
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 Town Board.
G.
Record and decisions.
(2)
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.
(3)
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 the 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 Town Clerk.
(4)
Failure to act.
(a)
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.
(b)
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.
(5)
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 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.
H.
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.
I.
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, department or board of the Town in accordance with Article 78 of the New York Civil Practice Law and Rules.
J.
Jurisdiction and authority. The Planning Board shall have the following jurisdiction and authority:
(1)
To review and recommend on matters relevant to the Comprehensive Plan.
(2)
To hear, review and offer its recommendations to the Zoning Board of Appeals for specific use permit approval, subject to the provisions of § 192-123.
(3)
To hear, review and finally decide applications for site plan review, subject to the provisions of § 192-122.
(4)
To investigate and report its recommendations with respect to any proposed change or amendment in the Zoning Ordinance or regulations of said Town and to pass upon any other matters which may from time to time be referred to it by the Town Board or the Zoning Board of Appeals.
§ 192-118 Zoning Board of Appeals.
A.
Membership.
(1)
Appointment and terms.
(a)
The Zoning Board of Appeals shall consist of seven members appointed by the Town Board. In addition, the Town Board shall appoint two alternate members to the Zoning Board of Appeals.
(b)
Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years, one for the term of six years and one for the term of seven years from and after his/her appointment. Their successors shall be appointed for the term of seven years from and after the expiration of the terms of their predecessors in office. Of the alternate members of the Board first appointed, one shall be appointed for a term of one year, and one person shall be appointed for a term of two years, and all successors shall be appointed for a term of two years. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board, which shall appoint an alternate member with the longest tenure for the unexpired term.
(c)
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 ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
(2)
Board composition. All members of the Zoning Board of Appeals shall be residents of the Town of DeWitt and shall not be officers or employees of the Town or any of its agencies or departments.
(3)
Compensation. All members and alternates of the Zoning Board of Appeals may 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.
(4)
Vacancies. Permanent vacancies on the Zoning Board of Appeals shall be filled by the Town Board.
(5)
Mandatory training. All members and alternates of the Zoning Board of Appeals, including alternates, 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 year, the Zoning Board members shall be required to attend four hours of such training. If more than four hours of training are taken in any subsequent year, such excess, up to a maximum of four hours, may be carried forward and applied to the required training in the next year. 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 and Commissioner of the Department.
(6)
Removal.
(a)
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 his or her own defense at a public meeting. Cause for removal of a member may include one or more of the following:
[1]
Any undisclosed or unlawful conflict of interest.
[2]
Any violation of the codes, ordinances or rules applicable to the member's performance of his or her duties.
[3]
Any unwillingness or inability to carry out his or her duties in a prompt, conscientious and competent manner.
[4]
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 Town Board to be detrimental to the proper functioning of the Board.
[5]
Members may be removed from the Zoning Board of Appeals if they miss 33% of the meetings during the course of one calendar year, miss three consecutive meetings or do not meet their mandatory training requirements.
(b)
No member that has been removed for cause shall be reappointed.
B.
Chairperson and Vice Chairperson.
(1)
The Town Board 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. The Chairperson shall annually appoint one of his members as Vice Chairperson.
(2)
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.
C.
Public record.
(1)
The Zoning Board of Appeals shall provide for the keeping of the record 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.
(2)
The Town 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.
D.
Voting procedures.
(1)
Quorum. As to any matter requiring a hearing before the Zoning Board of Appeals, no business shall be transacted by the Board without four members of the Board being present. The concurring vote of four members shall be necessary for any action by the Board.
(2)
Substitutions/alternates. The Chairperson of the Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unavailable or unable to participate 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 Zoning Board meeting at which the substitution is made.
(3)
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.
(4)
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 they 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.
E.
Meetings, hearings and rules of order.
(1)
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 Town Board.
(2)
Hearings. All meetings and hearings of the Zoning Board of Appeals shall be open to the public.
(3)
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.
F.
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 Town Board.
G.
Record and decisions.
(2)
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 or work or use authorized.
(3)
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 Town Clerk.
(4)
Failure to act.
(a)
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.
(b)
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.
(5)
Notification of decision. Within five business days following the final decision of the Zoning Board of Appeals, the Town Clerk 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.
H.
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.
I.
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, department or board of the Town in accordance with Article 78 of the New York Civil Practice Law and Rules.
J.
Jurisdiction and authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:
(1)
To hear and decide appeals from, and review orders, decisions or determinations made by, the Department.
(2)
To approve or deny variances from the requirements of this chapter.
(3)
To hear, review and finally decide applications for specific use permit approval.
(4)
To reverse or affirm, wholly or partly, or modify the order, requirement, decision, interpretation or determination appealed from and 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 ordinance 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.
§ 192-119 Department of Planning and Zoning.
[Amended 12-12-2011 by L.L. No. 8-2011]
A.
Powers and duties. The Department shall have the following powers and duties:
(1)
Submit an annual report to the Town 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 the Planning Board at the same time.
(2)
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, they 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, including but not limited to the posting of securities, as may be deemed necessary to ensure compliance.
(3)
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.
(4)
For violations of this chapter:
(a)
Notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it;
(b)
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
(c)
Take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(5)
On the serving of the notice by the Department 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.