[HISTORY: Adopted Malone Village Board 7-27-1987 by Local Law
No. 3, 1987. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 66.
It is the policy of the Village of Malone to provide for a Planning
Board with the scope and authority to adequately protect and provide
for the reasonable development of all tracts of land within the Village
of Malone in an orderly, efficient and economic manner, and one consistent
with the village's ability to provide for essential services
to all village residents. The Village Board has determined that the
most efficacious means to accomplish this policy is thorough the appointment
of a Village Planning Board, in accordance with Article 7 of the Village
Law of the State of New York.
The Village of Malone Planning Board is hereby created in accordance
with the provisions of Village Law, Article 7. Such Board shall consist
of five members, to be appointed by the Board of Trustees in accordance
with aforesaid statute; provided, however, that each member must be
a resident of the Village of Malone.
The Village Board shall have the right to designate and appoint
the Chairperson of the Planning Board at its regular annual meeting.
Upon failure of the Village Board to appoint a Chairperson, the members
of the Planning Board are to elect a Chairperson.
The Planning Board shall have the power and authority to employ
its own clerk, attorney, staff and other experts, as necessary, and
to pay for their services and such other expenses as may be necessary
and proper, but not to exceed the annual appropriation made to the
Planning Board by the Village Board of the Village of Malone. In this
connection, the Village Board hereby grants to the Planning Board
an appropriation of $6,500 for the balance of the current village
fiscal year and shall include an allocation for future expenses in
ensuing annual budgets.
The Planning Board shall have and exercise the powers and duties
as follows:
A.
To prepare and change a Master Plan for the development of the entire
area of the Village of Malone, to make investigations and reports
relating to the planning of the village and its future growth and
affording adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare of its population.
B.
To review, approve or disapprove all plats showing lots, blocks or
sites, with or without streets or highways, within the Village of
Malone.
C.
To review, approve or disapprove changes in the lines of existing
streets, highways or public areas shown on subdivision plats or maps
filed in the County Clerk's office.
D.
To review, approve or disapprove the laying out of, closing off of
or abandonment of such streets, highways or public areas under and
subject to the provisions of the Village or Highway Laws.
E.
Simultaneously with the approval of any such plat, to confirm and
make changes in the zoning regulations applicable to the land included
in any such plat, in accordance with the provisions of § 7-738
of the Village Law and amendments thereto.
F.
Notwithstanding any provision of the Village Code to the contrary, to approve or reject any sign applications pursuant to the standards established in Chapter 66 of the Village of Malone Code.
G.
All other powers conferred upon it by the provisions of the Village
Law and shall pass upon all matters which may be referred to it from
time to time by resolution of the Board of Trustees. It shall conduct
hearings and perform its duties in accordance with such procedure
as provided in §§ 7-724 through 7-736 of the Village
Law, and acts amendatory thereof.
H.
To adopt, after public hearing by the Planning Board and approval
of the Board of Trustees, subdivision rules and regulations.
All matters presently pending before the former Village Planning
Commission and not fully and finally determined by final order are
hereby transferred to the Planning Board, in accordance with this
local law.
The Village Clerk of the Village of Malone shall file with the
Clerk of the County of Franklin a certificate, certifying that the
Planning Board of the Village of Malone has been authorized to approve
plats showing new streets or highways in accordance with the provisions
of § 7-782, as amended, of the Village Law.
[1]
Editor's Note: Former § 69-8, Special exceptions,
was repealed 7-24-1989 by L.L. No. 2, 1989.
If any provision of this local law shall be held unconstitutional
or invalid, in whole or in part, by any court of competent jurisdiction,
such holding of unconstitutionality or invalidity shall in no way
affect or impair any other provision of this local law or the application
of any provision to any other person or circumstances.
All ordinances or local laws of said Village of Malone, or parts
thereof, which in any manner conflict with the terms and provisions
of this local law are hereby repealed.
This local law shall take effect immediately upon filing with
the Secretary of State.
