The Planning Board shall have the following jurisdiction and
authority:
A.
To review and make recommendations on studies, amendments, or other
matters relevant to the Town of Busti Comprehensive Plan; and matters
relating to the planning and development of the Town of Busti as it
seems desirable, provided that the total expenditures of the Planning
Board shall not exceed the appropriations therefor.
B.
To hear, review and offer its recommendations to the Zoning Board
of Appeals when required or requested for variances.
C.
To hear, review and finally decide all applications for site plan
review with the exception of commercial projects involving over 5,000
square feet of floor space, residential projects involving more than
five residential units, and Tier 3 and 4 solar projects.
D.
To hear, review, and finally decide all applications for special
use permits with the exception of commercial projects involving over
5,000 square feet of floor space, residential projects involving more
than five residential units, and Tier 3 and 4 solar projects.
E.
To hear, review, and finally decide applications for subdivision.
F.
To investigate and report its recommendations to the Town Board with
respect to any proposed study or amendment in the Zoning Law or other
land use regulations of the Town of Busti, the subject matter of which,
is within the jurisdiction of the Planning Board pursuant to this
chapter or state law or other local law or ordinance of the Town.
G.
To review and report upon any matter referred to it by the Town Board
pursuant to § 271(14) of the New York State Town Law or
the Zoning Board of Appeals, provided such referral by the Zoning
Board of Appeals is authorized by law.
H.
To exercise any other powers and carry out any other duties as are
authorized by law.
A.
Appointment and terms.
(1)
The Planning Board shall consist of seven members appointed
by the Town Board. Members now holding office for terms that do not
expire at the end of a calendar year shall, upon the expiration of
their term, hold office until the end of the calendar year and their
successors shall then be appointed for terms which shall be five years.
(2)
Successor Board members 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 to fulfill the remaining
unexpired term of that member.
(3)
The Town Board shall appoint at least one person as an alternate
member of the Planning Board for a term of five calendar years. All
provisions of this chapter relating to Planning Board member training
and continuing education, attendance, conflict of interest, compensation,
eligibility, vacancy in office, removal, and service on other boards
shall also apply to alternate members. The Chairperson of the Planning
Board may designate the alternate member to substitute for a member
who is unable to participate in deliberations and decisions of the
Planning Board due to conflict of interest 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, shall
be allowed to participate in discussions of the proceedings, and shall
be allowed to vote. Such designation of the alternate member shall
be entered into the minutes of the initial Planning Board meeting
at which the substitution is made. At all other times, an alternate
member may participate in discussions of the proceedings but may not
vote except due to the disqualification of a regular member and a
designation of substitution by the Chairperson.
B.
Board composition. All members of the Planning Board shall be residents
of the Town of Busti. No person who is a member of the Town Board
shall be eligible for membership on the Planning Board.
C.
Vacancies. Permanent vacancies on the Planning Board shall be filled
by the Town Board.
D.
Mandatory training. All members and alternate members of the Planning
Board shall comply with the requirements of New York State Town Law
§ 271 that require all Planning Board members and alternate
members to complete a minimum of four hours of training each year.
No Planning Board member shall be eligible for reappointment if they
have not completed this training as required.
E.
Removal.
(1)
The Town Board shall have the power to remove, after public
hearing, any member of the Planning Board for cause. Any Planning
Board member may be removed for non-compliance with minimum requirements
relating to meeting attendance and training as established by this
chapter or other law established by the Town Board. Cause for removal
of a member may include one or more of the following:
(2)
No member who has been removed for cause shall be reappointed.
F.
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 authorized duties of that office.
The Chairperson shall annually appoint one of the Planning Board 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. All meetings
of the Planning Board shall be held at the call of the chairperson
and at such other times as such Board may determine. The chairperson,
or acting chairperson, may administer oaths to applicants, witnesses,
or others appearing before the Board and may compel the attendance
of witnesses.
G.
Planning Board Secretary and public record. Upon recommendation by
the Planning Board in coordination with the Zoning Board of Appeals,
the Town Board shall appoint a Planning Board Secretary, who shall
attend all Planning Board proceedings and, upon request, the proceedings
of any of its committees.
(1)
The Secretary shall keep minutes of the proceedings of the Planning
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.
(2)
The Town Clerk shall provide for keeping a file of all records
of the Planning Board, and such records shall be public records open
to inspection at reasonable times and upon reasonable notice, except
for records exempted from disclosure under the New York State Public
Officers Law (Freedom of Information Law) or documents which are protected
by attorney-client privilege.
A.
Quorum. No business shall be transacted by the Board without three
members of the Board being present.
B.
Voting. The concurring vote of at least three members shall be necessary
for any action by the Board, pursuant to New York State Town Law § 271(16).
Where an action is the subject of a referral to the Chautauqua County
Planning Board, and in the event that the Chautauqua County Planning
Board recommends disapproval of the application within the thirty-day
time period allowed them, the Planning Board shall not act contrary
to such recommendation except by a vote of a majority plus one of
all the members after the adoption of a resolution fully setting forth
the reasons for such contrary action. Within 30 days after taking
final action on an application, the Planning Board shall file a report
of the final action it has taken with the Chautauqua County Planning
Board.
C.
Assistance to Planning Board. The Board shall have the authority
to call upon any department, agency or employee of the town (e.g.,
the Building Department or Conservation Advisory Council) for such
assistance as the Board deems necessary. All costs incurred by any
department, agency or employee for providing assistance in a particular
proceeding shall be borne by the applicant.
A.
Decisions. Every decision of the Planning Board shall be by resolution
and shall expressly set forth any limitations or conditions imposed
or use authorized.
B.
Final decision. All deliberations and decisions of the Planning Board
shall occur 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 resolution of Planning Board by a majority of the
members of the Planning Board and the filing of the resolution with
the office of the Town Clerk.
C.
Notification of decision. Within five business days following the
final decision on any action before the Planning Board, a notice of
such decision shall be mailed to the applicant and such decision shall
be filed in the office of the Town Clerk.
D.
Failure to act. All time periods prescribed for Planning Board action
on a preliminary or final plat, special use permit, or site plan approval
are specifically intended to provide the Planning Board and the public
adequate time for review and to minimize delays in the processing
of such applications. Such time periods may be extended only by mutual
consent of the owner and the Planning Board. If the Planning Board
fails to take action on a preliminary plat, final plat, special use
permit, or site plan within the time prescribed after completion of
all requirements under the state environmental quality review act,
or within such extended period as may have been established by the
mutual consent of the owner and the Planning Board, such application
shall be deemed granted approval. The certificate of the Town Clerk
as to the date of submission of the application and the date when
such application is deemed complete for review and the failure of
the Planning Board to take action within the prescribed time shall
be issued on demand and shall be sufficient in lieu of written endorsement
or other evidence of approval as required.
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 New York State
General Municipal Law shall disqualify a member.
Any person or persons, jointly or severally aggrieved by any
final decision of the Planning Board, may apply to the New York State
Supreme Court for review by a proceeding under Article 78 of the New
York Civil Practice Law and Rules. Such proceeding shall be instituted
within 30 days after the filing of the decision of the Planning Board
in the office of the Town Clerk.
