West Bloomfield Town
City Zoning Code
City Zoning Code
ARTICLE XVI
Review Authorities
§ 140-140 Responsibility for administration.
Direct responsibility for the administration and enforcement of the provisions of this chapter shall be vested in the Code Enforcement Officer, Town Board, Planning Board and Zoning Board of Appeals, all in accordance with the provisions of this article.
§ 140-141 Town Board.
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:
A.
Text amendments. The Town Board shall be responsible for reviewing Zoning Chapter text amendment applications and for taking final action to approve, approve with modifications or deny such applications.
B.
Map amendments. The Town Board shall be responsible for reviewing Zoning Map amendment (rezoning) applications and for taking final action to approve, approve with conditions or deny such applications.
C.
Planned unit developments. The Town Board shall be responsible for the final review of planned unit development applications and for taking final action to approve, approve with conditions or deny such applications.
D.
Incentive developments. The Town Board shall be responsible for final review of incentive development applications and for taking final action to approve, approve with conditions or deny such applications.
§ 140-142 Planning Board.
A.
Membership.
(1)
Appointment and terms. Pursuant to the Town Law applicable thereto, the Town Board shall appoint a Planning Board consisting of five regular members for the term set forth in § 271 of the Town Law. Said members are hereby vested with powers and duties and made subject to the limitations set forth in the Town Law, as the same may be amended, modified or changed from time to time.
[Amended 8-22-2018 by L.L. No. 2-2018]
(2)
Board composition. Members of the Planning Board shall be residents of the Town of West Bloomfield and shall not be officers or employees of the Town or any of its agencies or departments.
(3)
Compensation. Members of the Planning Board shall serve with compensation in an amount determined, from time to time, by the Town Board of the Town of West Bloomfield.
(4)
Vacancies. Permanent vacancies on the Planning Board shall be filled by the Town Board.
(5)
Mandatory training. Each member of the Planning Board shall complete the training requirements as set forth in State of New York Town Law § 271-7c.
(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 respond to allegations of such cause in writing to the Town Board and at a public hearing before said Board as hereinafter provided. Cause for removal of a member shall include:
[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]
Failure to complete the training requirements as required by State of New York Town Law § 271.
[4]
Failure to attend at least 75% of lawfully scheduled Planning Board meetings.
(b)
Notice and hearing.
[1]
A notice stipulating the reasons for removal of a Planning Board member pursuant to this article shall be given to the Planning Board member scheduled for removal 10 days prior to such removal.
[2]
Removal of a Planning Board member from the Planning Board will be effective 10 days after notice is given to the Planning Board member scheduled for removal unless such Planning Board member requests a hearing before the Town Board to contest the removal. The request for a hearing shall be direct to the Town Supervisor and filed with the Town Clerk.
[3]
A hearing request pursuant to this article will be held at the next regularly scheduled meeting of the Town Board following such request. The decision of the Town Board at said hearing will be final and effective as of the date of the decision or 10 days after notice to the Planning Board member, whichever is later.
B.
Chairperson and Vice Chairperson.
(1)
The Town Board shall annually appoint one of the members of the Planning Board as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office. The members of the Planning Board shall annually elect one of their members as Vice Chairperson.
(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.
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. The Secretary shall provide for keeping a file of all records of the Board, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.
D.
Voting procedures.
(1)
Quorum.
(a)
As to any matter requiring a hearing before the Planning Board, no business shall be transacted by the Board without a quorum. The concurring vote of three members shall be necessary for any action by the Board. If less than a quorum is present, the hearing may be adjourned to the next scheduled meeting or to a special meeting as determined by the Board. The Secretary shall notify, in writing, all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment.
[ Amended 8-22-2018 by L.L. No. 2-2018]
(b)
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 shall first certify on the record that he or she has reviewed the entire record of any such portion of the hearing or meeting during which he or she was absent and 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.
(2)
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.
E.
Meetings, hearings and rules of order.
(1)
Meetings. Regular meetings of the Planning Board shall be held at the call of the Chairperson or as provided by rule of the Board. Special meetings shall be called by the Chairperson at the request of any three members of the Board or at the request of the Town Board.
[ Amended 8-22-2018 by L.L. No. 2-2018]
(2)
Hearings. All meetings and hearings of the Planning Board shall be open to the public. All hearings shall be advertised by publication in a paper of general circulation in the Town at least five days prior to the date thereof.
(3)
Rules of order. The Planning Board shall follow Robert's Rules of Order as the parliamentary guide for all meetings of the Board. Said rules of order shall consist of roll call, public participation, approval of minutes, communications, old business, new business, report of committees or assigned delegates and miscellaneous matters.
F.
Planning Board bylaws. The Planning Board shall prepare and adopt bylaws from time to time outlining meeting times and related procedures.
G.
Record; decisions.
(1)
Record. The following shall constitute the record:
(a)
The transcript of testimony, if any;
(b)
The minutes of the Secretary;
(c)
All applications, reports, requests, exhibits and papers filed in any proceeding before the Planning Board; and
(d)
The decision of the Board.
(2)
Decisions.
(a)
The Planning Board may rely on the personal knowledge of its members, testimony during public hearings, on its inspections of the property, and on any reports available to it; provided, however, that reliance on such matters shall not be allowed unless the Board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it.
(b)
Every decision of the Planning Board upon an application amending this chapter, for cluster development approval, special permit approval or site plan approval shall be by written resolution which shall set forth the recommendation of the Board or shall approve, approve with conditions or deny approval. Every resolution shall expressly set forth any limitations or conditions imposed on any approval or any development, work or use authorized.
(3)
Final decision. The Planning Board shall take no final or binding vote on any decision pertaining to the aforesaid applications unless it shall first state its findings and conclusions as above required at a meeting open to the public.
(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 an approval of an application, except as provided by Town Law, 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 10 business days following any decision on such applications, the Secretary shall mail notice thereof to each person entitled to such notice and file such decision in the office of the Town Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.
(6)
Conflicts. No member of the Planning Board shall participate in the hearing or disposition of any matter in which he or she has an interest. Any conflict of interest prohibited by Article 18 of the General Municipal Law shall disqualify a member.
(7)
Appeals. An appeal from any final decision of the Planning Board as to any matter over which it has final authority 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.
(8)
Jurisdiction and authority. The Planning Board shall have the following jurisdiction and authority:
(a)
To review and recommend on matters relevant to the Comprehensive Plan.
(b)
To review and make recommendations to the Town Board on zoning changes amendments.
(c)
To review and make recommendations to the Town Board on incentive development applications.
(d)
To review and approve subdivisions subject to the Town's Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 121, Subdivision of Land.
(e)
Subject to the provisions of § 140-147, to hear, review and offer its recommendations to the Town Board on applications for Planned Unit Development District approval.
(f)
Subject to the provisions of § 140-149, to hear, review and finally decide applications for cluster development approval.
(g)
Subject to the provisions of § 140-150, to hear, review and finally decide applications for site plan approval.
(h)
Subject to the provisions of § 140-151, to hear, review and finally decide applications for special permit approval.
§ 140-143 Zoning Board of Appeals.
A.
Membership.
(1)
Appointment and terms.
(a)
The Zoning Board of Appeals shall consist of five members appointed by the Town 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 and one for the term of five years from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.
(2)
Board composition. Members of the Zoning Board of Appeals shall be residents of the Town of West Bloomfield and shall not be officers or employees of the Town or any of its agencies or departments.
(3)
Compensation. Members of the Zoning Board of Appeals shall serve with compensation in an amount determined, from time to time, by the Town Board of the Town of West Bloomfield.
(4)
Vacancies. Permanent vacancies on the Zoning Board of Appeals shall be filled by the Town Board, in the same manner as other appointments hereunder.
(5)
Mandatory training. Each member of the Zoning Board of Appeals shall complete the training requirements as set forth in State of New York Town Law § 267, Subdivision 7-a, as may from time to time be modified or waived pursuant to State of New York Town Law § 271, Subdivision 7-a(c).
(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 respond to allegations of such cause in writing to the Town Board and at a public hearing before said Board as hereinafter provided. Cause for removal of a member shall include:
[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]
Failure to complete the training requirements as required by State of New York Town Law § 267.
[4]
Failure to attend at least 75% of lawfully scheduled Zoning Board of Appeals meetings.
(b)
Notice and hearing.
[1]
A notice stipulating the reasons for removal of a Zoning Board of Appeals member pursuant to this article shall be given to the Zoning Board of Appeals member scheduled for removal 10 days prior to such removal.
[2]
Removal of a Zoning Board of Appeals member from the Zoning Board of Appeals will be effective 10 days after notice is given to the Zoning Board of Appeals member scheduled for removal unless such Zoning Board of Appeals member requests a hearing before the Town Board to contest the removal. The request for a hearing shall be direct to the Town Supervisor and filed with the Town Clerk.
[3]
A hearing request pursuant to this article will be held at the next regularly scheduled meeting of the Town Board following such request. The decision of the Town Board at said hearing will be final and effective as of the date of the decision or 10 days after notice to the Zoning Board of Appeals member, whichever is later.
B.
Chairperson and Vice Chairperson.
(1)
The Town Board shall annually appoint one of the members of the Zoning Board of Appeals as Chairperson, to preside at all meetings and hearings and to fulfill the customary functions of that office. The members of the Zoning Board of Appeals shall annually elect one of their members as Vice Chairperson.
(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.
Secretary and public record.
(1)
The Secretary of the Zoning Board of Appeals 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. The Secretary shall provide for keeping a file of all records of the Board, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.
D.
Voting procedures.
(1)
As to any matter requiring a hearing before the Zoning Board of Appeals, no business shall be transacted by the Board without a quorum. The concurring vote of three members shall be necessary to approve an application or appeal. Failure to obtain the concurring vote of three members shall be deemed a denial. If less than a quorum is present, the hearing may be adjourned to the next scheduled meeting or to a special meeting as determined by the Board. The Secretary shall notify in writing all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment.
(2)
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 that he or she shall first certify on the record that he or she has reviewed the entire record of any such portion of the hearing or meeting during which he or she was absent and 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.
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.
(2)
Hearings. All meetings and hearings of the Zoning Board of Appeals shall be open to the public. All hearings shall be advertised by publication in a paper of general circulation in the Town at least five days prior to the date thereof.
(3)
Rules of order. The Zoning Board of Appeals shall follow Robert's Rules of Order as the parliamentary guide for all meetings of the Board. Said rules of order shall consist of roll call, public participation, approval of minutes, communications, old business, new business, report of committees or assigned delegates and miscellaneous matters.
F.
Zoning Board of Appeals bylaws. The Zoning Board of Appeals shall prepare and adopt bylaws from time to time outlining meeting times and related procedures.
G.
Record; decisions.
(1)
Record. The following shall constitute the record:
(a)
The transcript of testimony, if any;
(b)
The minutes of the Secretary;
(c)
All applications, reports, requests, exhibits and papers filed in any proceeding before the Zoning Board of Appeals; and
(d)
The decision of the Board.
(2)
Decisions.
(a)
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; provided, however, that reliance on such matters shall not be allowed unless the Board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it.
(b)
Every decision of the Zoning Board of Appeals shall be by resolution and shall expressly set forth any limitations or conditions imposed on any relief approved or work or use authorized.
(3)
Final action. In taking final action, the Zoning Board of Appeals shall first state its findings and conclusions at a meeting open to the public and shall, in addition, state the special circumstances warranting such action.
(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 10 business days following any decision of the Zoning Board of Appeals, the Secretary shall mail notice thereof to each person entitled to such notice and file such decision in the office of the Town Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.
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 is interested. Any conflict of interest prohibited by Article 18 of the General Municipal Law shall disqualify a member.
I.
Jurisdiction and authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:
(1)
Subject to the provisions of § 140-153 hereof, to approve or deny variances from the requirements of this chapter.
(2)
Subject to the provisions of § 140-154 hereof, to hear and decide appeals from, and review orders, decisions or determinations made by, the Code Enforcement Officer or Planning Board.
J.
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.
§ 140-143.1 Alternate members of the Planning Board and Zoning Board of Appeals.
[Added 2-26-2014 by L.L. No. 1-2014]
A.
Title: "a local law creating the positions of alternate members of the Town of West Bloomfield Planning Board and Zoning Board of Appeals."
B.
Legislative intent. This section shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of West Bloomfield. In order to permit the Zoning Board of Appeals and the Planning Board of the Town of West Bloomfield to transact business with a full complement of members in the event of absence or conflicts of interest, it is deemed advantageous by the Town Board of the Town of West Bloomfield to enact a local law to provide for the appointment of alternate members to the Planning Board and to provide for the appointment of alternate members to the Zoning Board of Appeals. Since the membership of said Boards appears, respectively, in the Town Zoning Law, this section shall be construed as amending such Zoning Law.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
PLANNING BOARD
The Planning Board of the Town of West Bloomfield, as established by the Town Board pursuant to the provisions of § 271 of the Town Law and § 140-142 of the Town Code of the Town of West Bloomfield.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of West Bloomfield as established by the Town Board, pursuant to the provisions of § 267 of the Town Law and § 140-143 of the Town Code of the Town of West Bloomfield.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or Zoning Board of Appeals pursuant to the provisions of the local law which first established such Planning Board and Zoning Board of Appeals.
ALTERNATE MEMBER
An individual appointed by the Town Board when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
D.
Authorization/effect.
(1)
The Town Board of the Town of West Bloomfield hereby enacts this section to provide a process for appointing alternate member(s) to the Planning Board and Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective Board.
(2)
The Town Board may appoint not more than two alternate members to the Planning Board and Zoning Board of Appeals to serve as provided herein.
(3)
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority for a term of five years, with the term to expire on December 31 of the calendar year after the date of this appointment, except in the first year of application of this section if necessary the terms shall be staggered so that one alternate member shall be appointed for a term of four years and one for a term of five years.
(4)
The chairperson of the Planning Board or Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the board. Reasons the member might not be able to serve and thus designation of the alternate to serve in his/her stead could include but are not limited to: conflicts of interest, appearances of impropriety, illness, vacation (short-term or extended), work commitments, family obligations. When so designated, the alternate members shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting, or Zoning Board of Appeals meeting, during which the substitution is made.
(5)
All provisions of New York State law relating to the Planning Board or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of any local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
E.
Authority. This section is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and in accordance with § 271, Subdivision 15, and § 267, Subdivision 11, of the New York State Town Law.
F.
Miscellaneous.
(1)
This section shall be deemed to supersede and repeal any other local laws, ordinances or resolutions to the extent therein inconsistent herewith.
(2)
If any part of the section shall be judicially declared to be invalid, void, unconstitutional or unenforceable, all unaffected provisions hereof shall survive such declaration and this section shall remain in full force and effect as if the invalidated portion had not been enacted.
(3)
Nothing herein shall be deemed to be a waiver or restriction upon any rights and powers available to the Town of West Bloomfield to further regulate the subject matter of this section.
§ 140-144 Code Enforcement Officer.
The Code Enforcement Officer for the Town of West Bloomfield shall have the following powers and duties:
A.
Submit a monthly 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 Board of Appeals and Planning Board at the same time.
B.
Maintain a permanent and current record of all applications for zoning, site plan and special permits certificates, his action upon the same, any conditions relating thereto, and any other matters considered and action taken by him. Such records shall form a part of the records of his office and shall be available for use by Town officials and for inspection by the public.
C.
Cause any plans, buildings or premises to be examined or inspected to determine that they are in compliance with the provisions of this chapter. In the fulfillment of the duties of the Code Enforcement Officer, he or she shall be authorized to enter any premises or building at a reasonable time to determine whether or not the same is in violation of this chapter.
D.
Issue building permits and zoning permits to all applicants who fully comply with the provisions of this chapter.
E.
Provide the Zoning Board of Appeals, in writing, with all facts pertaining to his refusal to issue zoning permits and certificates whenever such information shall be requested by said Board.
F.
For denied zoning permits provide, in writing, the specific reasons for denial and instruct the applicant on the proper methods to apply for relief.
G.
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.
H.
Maintain a current list and a map showing the variances issued by the Zoning Board of Appeals and special permits approved by the Planning Board to determine if the conditions and safeguards placed on variances and special permits are being complied with.
I.
Violations; notice. For violations of this chapter:
(1)
Notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action to correct it;
(2)
Order discontinuance of illegal uses of land, buildings or structures, the removal of illegal buildings or structures or of illegal additions, alterations or structural changes; order a stop work on or discontinuance of any illegal work being done; or
(3)
Take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
J.
Issue appearance tickets pursuant to § 150.20 of the New York State Criminal Procedure Law.