[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-5-1988 by L.L. No. 2-1988 as Ch. 20 of the 1988
Code]
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.
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.
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]
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.
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.
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.
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.