A.
Pursuant to § 271 of the Town Law, the Town of Kingsbury
has created a Planning Board. Said Board consists of seven members
appointed by the Town Board in such manner and for such terms as provided
in the Town laws. The Planning Board shall have all the powers and
perform all the duties prescribed by statute and by this chapter.
The Planning Board shall have original jurisdiction for all matters
pertaining to this Zoning Chapter pursuant to § 274-a of
the Town Law, Site Plan Review.
B.
The Planning Board shall study the application of this chapter and
shall from time to time recommend to the Town Board such changes in
this chapter and in the boundaries of the various districts as it
shall deem advisable to further promote the health, safety and general
welfare of the community.
C.
The Code Enforcement Officer shall serve in an advisory capacity
to the Planning Board.
[Amended 3-13-2000 by L.L. No. 4-2000]
[Added 12-13-1999 by L.L. No. 6-1999]
A.
Applicability. This section shall apply to the appointment, terms,
functions and powers of alternate members appointed to serve on the
Planning Board in the Town of Kingsbury.
B.
Declaration of policy. It is sometimes difficult to maintain a quorum
on the Planning Board because members are ill, on extended vacation
or find that they have a conflict of interest situation on a specific
matter before such Board. In such instances, official business cannot
be conducted, which may delay or impede adherence to required timelines.
The use of alternate members in such instances is hereby authorized
pursuant to the provisions of this section.
C.
ALTERNATE MEMBER
MEMBER
PLANNING BOARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An individual appointed by the Town Board to serve on the
Town Planning Board when a regular member is unable to participate
on an application or matter before the Town Planning Board.
An individual appointed by the Town Board to serve on the
Town Planning Board pursuant to the provisions of the local law or
ordinance which first established such Planning Board.
The Planning Board of the Town of Kingsbury as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 271 of the Town Law.[1]
D.
Authorization; term of office; designation.
(1)
The Town Board of the Town of Kingsbury hereby enacts this section
to provide a process for appointing alternate members to its Planning
Board. These individuals would serve when members are absent or unable
to participate on an application or matter before the Board.
(2)
Alternate members of the Planning Board shall be appointed by the
Town Board or other duly authorized appointing authority for a term
as set forth in § 271 of the Town Law.
(3)
The Chairperson of the Planning Board may designate an alternate
to substitute for a member when such member is unable to participate
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. Such designation shall be entered into
the minutes of the initial Planning Board meeting at which the substitution
is made.
(4)
All provisions of state law relating to Planning Board member eligibility,
vacancy in office, term, removal, compatibility of office and service
on other boards, as well as any provisions of a local law/local ordinance
relating to training, continuing education, compensation and attendance,
shall also apply to alternate members.
E.
Supersession of Town Law. This section is hereby adopted pursuant
to the provisions of § 10 of the Municipal Home Rule Law
and § 10 of the Statute of Local Governments. It is the
intent of the Town Board, pursuant to § 10 of the Municipal
Home Rule Law, to supersede the provisions of § 271 of the
Town Law relating to the appointment of members to town planning boards.
[Amended 3-13-2000 by L.L. No. 4-2000]
A.
The Code Enforcement Officer shall have the power and duty to:
(1)
Enforce the provisions of this chapter.
(2)
Exercise general surveillance over the Town as to compliance.
(3)
Issue construction permits and certificates of occupancy within 30
days of receipt of application wherever there is compliance with the
provisions of this chapter.
(4)
Investigate all complaints submitted in compliance with the provisions
of this chapter.
B.
The Code Enforcement Officer shall be appointed and may be removed
by the Town Board.
C.
An appeal from an action, omission, decision or rule by him regarding
a requirement of this chapter may be made only to the Zoning Board
of Appeals.
[Amended 7-20-2020 by L.L. No. 1-2020]
Pursuant to § 267 of the Town Law, the Town of Kingsbury
has created a Zoning Board of Appeals consisting of five members appointed
by the Town Board in such manner and for such term as provided in
the Town Law. The Zoning Board of Appeals shall perform the duties
and have the powers granted by and be controlled by the provisions
of the Town Law and amendments thereto and by this chapter. The Zoning
Board of Appeals shall have appellate jurisdiction for all matters
pertaining to this Zoning Chapter.
[Added 12-13-1999 by L.L. No. 7-1999]
A.
Applicability. This section shall apply to the appointment, terms,
functions and powers of alternate members appointed to serve on the
Zoning Board of Appeals in the Town of Kingsbury.
B.
Declaration of policy. It is sometimes difficult to maintain a quorum
on the Zoning Board of Appeals because members are ill, on extended
vacation or find that they have a conflict of interest situation on
a specific matter before such Board. In such instances, official business
cannot be conducted, which may delay or impede adherence to required
timelines. The use of alternate members in such instances is hereby
authorized pursuant to the provisions of this section.
C.
ALTERNATE MEMBER
MEMBER
ZONING BOARD OF APPEALS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An individual appointed by the Town Board to serve on the
Town Zoning Board of Appeals when a regular member is unable to participate
on an application or matter before the Zoning Board of Appeals, as
provided herein.
An individual appointed by the Town Board to serve on the
Town Zoning Board of Appeals pursuant to the provisions of the local
law or ordinance which first established such Zoning Board of Appeals.
The Zoning Board of Appeals of the Town of Kingsbury as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 267 of the Town Law.
D.
Authorization; term of office; designation.
(1)
The Town Board of the Town of Kingsbury hereby enacts this section
to provide a process for appointing alternate members to its Zoning
Board of Appeals. These individuals would serve when members are absent
or unable to participate on an application or matter before the Board.
(2)
Alternate members of the Zoning Board of Appeals shall be appointed
by the Town Board or other duly authorized appointing authority for
a term of four years.
(3)
The Chairperson of the 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. When so designated,
the alternate member shall possess all the powers and responsibilities
of such member of the Board. Such designation shall be entered into
the minutes of the initial Zoning Board of Appeals meeting at which
the substitution is made.
(4)
All provisions of state law relating to Zoning Board of Appeals member
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provisions of a local law/local
ordinance relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
E.
Supersession of Town Law. This section is hereby adopted pursuant
to the provisions of § 10 of the Municipal Home Rule Law
and § 10 of the Statute of Local Governments. It is the
intent of the Town Board, pursuant to § 10 of the Municipal
Home Rule Law, to supersede the provisions of § 267 of the
Town Law relating to the appointment of members to town zoning boards
of appeals.
