Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of North Collins as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 154.
Zoning — See Ch. 181.
[Adopted 7-5-1988 by L.L. No. 2-1988 as Ch. 20 of the 1988 Code]

§ 26-1 Statutory authority.

Article 7 of the Village Law of the State of New York, as amended, provides that the Board of Trustees may establish a Village Planning Board and sets forth the duties of such Planning Board and the procedures to be followed by it.

§ 26-2 Plat approval.

Pursuant to said article, said Planning Board is hereby authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, and to pass and approve the development of plats already filed in the office of the Clerk of the county if such plats are entirely or partially undeveloped.

§ 26-3 Power to confirm or modify zoning regulations.

Pursuant to § 7-738 of said article, said Planning Board is hereby empowered simultaneously with the approval of any plat either to confirm the zoning regulations of the land so platted, as shown on the Official Zoning Maps of the Village, or to make any reasonable change therein.
[Adopted 3-15-2006 by L.L. No. 1-2006]

§ 26-4 Creation; appointment; organization.

A. 
A Joint Planning Board, pursuant to General Municipal Law Articles 5-G and 5-J, is hereby created by the governing boards of the Town and Village of North Collins. Said Board shall consist of five members who shall be appointed and serve in the manner provided herein.
B. 
The Town Board of the Town of North Collins shall appoint three members of the Joint Planning Board, one member to be appointed for a one-year term, one member to be appointed for a three-year term, one member to be appointed for a five-year term. The Mayor of the Village of North Collins, subject to the approval of the Board of Trustees of the Village of North Collins, shall appoint two members of the Joint Planning Board, one member to be appointed for a two-year term and one member to be appointed for a four-year term.
C. 
Upon the expiration of the term of a member of the Joint Planning Board, that person or body which appointed the incumbent to the expiring term shall appoint his or her successor to a full five-year term. If a vacancy occurs other than by expiration of a term of office, that person or body which appointed the member who filled such office prior to the vacancy occurring shall appoint a successor for the balance of said term.
D. 
The members of the Joint Planning Board shall annually select one of its own members to serve as Chair of the Joint Planning Board.

§ 26-5 Powers and duties.

A. 
The Joint Planning Board shall act upon all matters which shall come before the Joint Planning Board pursuant to the local laws of the Town and the Village of North Collins as they may exist from time to time, and the Joint Planning Board shall also act upon all matters referred to it by either the Town Board or the Village Board of Trustees.
B. 
Any findings or recommendations of the Joint Planning Board shall comply with all state or local rules, regulations and laws and shall be governed by these guidelines:
(1) 
The proposed building or use will be in harmony with the general purpose, goals, objectives and standards of the local laws of the applicable jurisdiction.
(2) 
The proposed building, hours of operation, or use will not have a significant adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
(3) 
The proposed building or use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable regulations and zoning provisions of the applicable jurisdiction.
(4) 
The proposed building or use will be adequately served by essential public facilities and services.
(5) 
The proposed building or use complies with all additional standards imposed on it by the particular provision of law authorizing such use.
(6) 
All steps possible have been taken to minimize any adverse effects of the proposed building or use upon the immediate vicinity through building and property design, site design, landscaping and screening.
(7) 
If appropriate, a performance bond or other suitable financial guaranty has been provided to assure compliance with the conditions of the conditional use permit.

§ 26-6 Minimum training and attendance requirements for members.

A. 
Each Joint Planning Board Member is required to complete three hours of training per calendar during his/her term. At the discretion of the appointing person or board of that Joint Planning Board member, failure to comply with this requirement may be grounds for removal from the Joint Planning Board.
B. 
Each Joint Planning Board member shall be required to attend at least 75% of the scheduled meetings in each calendar year. At the discretion of the appointing person or board of that Joint Planning Board member, failure to attend the required number of meetings without good cause may be grounds for removal from the Joint Planning Board.

§ 26-7 Conflicts with other laws.

Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted resolution, local law or ordinance, the most restrictive or those imposing the higher standards shall govern.