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Powers and Duties of TOH Planning Board

303 - Minimum Requirements for Planning Board Members 

A. Training

Each Planning Board member and alternate is required to complete a minimum of 4 (four) hours of training per calendar year. At the discretion of the Hopewell Town Board, failure to comply with this requirement may be grounds for recommending removal of said negligent member or alternate from the Planning Board.

B. Attendance

 Each Planning Board member shall be required to attend 75 (seventy-five) percent of the scheduled meetings in each calendar year. At the discretion of the Hopewell Town Supervisor, failure to attend the required number of meetings without good cause may be grounds for removal of said offending member from the Planning Board. In addition, failure to attend 3 (three) consecutive meetings without good cause may be grounds for removal of said offending member from the Planning Board.

C. Compensation

The Hopewell Town Board may, as part of the annual budget, provide for the compensation of Planning Board members and alternates. If compensation is provided for, it shall be on a per-meeting-attended basis. In addition, the Town shall provide reimbursement for all approved training and out-of-pocket expenses associated therewith.

304 - Powers and Duties of Planning Board

The Planning Board shall have the powers and duties as specified below: 

A. Sub-division Plats

 The Planning Board may approve plats showing lots, blocks or sites, with or without streets or highways, and conditionally approve preliminary plats and pass and approve the development of plats already filed in the office of the Clerk of the County of Ontario if such plats are entirely or partially undeveloped.

B. Street Changes

 The Planning Board has the power and authority to change the Town’s Official Map by approving and filing an approved subdivision plat involving streets. The Planning Board can recommend to the Town Board the discontinuance of an existing street or a portion thereof. The Town Board and Highway Superintendent have the authority to determine the necessity of said discontinuance, and act upon said recommendation.

C. Site Plan

 The Planning Board shall approve, approve with conditions, or deny site plans in accordance with Article XVI (Site Plan Review and Approval) of this Ordinance.

D. Special Use Permits

 The Planning Board shall hear and decide upon application for such Permits as specified in this Ordinance. The applicant is responsible for providing adequate documentation to the Planning Board that the proposed use conforms to the criteria specified below and any additional standards set forth in this Ordinance. The Planning Board shall grant a Permit for any Special Use if:

  1. The proposed building or use shall be in harmony with the general purpose, goals, objectives, and standards of the Town’s Comprehensive Plans and this Ordinance.
  2.  The proposed building, use, or intensity of operation involved will not have a substantial or undue 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 shall be constructed, arranged, and operated so as not to dominate the immediate vicinity, or to interfere with or devalue the development and use of neighboring property in accordance with the applicable district regulations. 
  4. Public Facilities and Services shall adequately serve the proposed building or use. 
  5. The proposed building or use complies with all additional standards imposed on it by the particular provision of this Ordinance authorizing such use. 
  6. All steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. 
  7. Where requested, to assure compliance with the conditions of the Special Use Permit, a performance bond, irrevocable letter of credit or other suitable financial guaranty has been provided. The Town Board shall determine the amount of financial guarantee upon recommendation of Town Engineer and/or Town Attorney.
  8. In the review and approval of Special Use permits, the following additional factors may apply :
      • a. Preparation of a Site Plan by a licensed professional engineer in accordance with the criteria set forth in §1603 and §1604 of this Ordinance for any matter including, but not limited to, traffic safety, storm water retention and treatment, and utility design may be required if determined by the Planning Board, upon showing of cause, as pertinent to an informed decision.
      • b. If not done so by the Code Enforcement Officer, the Planning Board shall forward any Variance requests associated with the Special Use Permit to the Zoning Board of Appeals. The Zoning Board of Appeals shall review the Variance request and forward its decision and all supporting documentation, including its findings, within the time specified by law, not to exceed 62 (sixty-two) days, to the Planning Board for its final decision on the Special Use Permit. 

305 - Public Hearing

Certain actions related to Appeals, Permits, and Site Plan review require a Public Hearing to be held. The Zoning Board of Appeals shall conduct a Public Hearing on applications in accordance with the procedures and requirements for Appeals established in NYS Town Law §267-a. The Planning Board shall hold a Public Hearing on applications in accordance with the procedures and requirements established in NYS Town Law §274-b for Special Use Permit and/or Site Plan Review. Public notice of all such Hearings shall be printed in an official newspaper of general circulation at least 10 (ten) days prior to the date of the Hearing and notice sent to adjacent municipalities according to Town Law §239- nn. Specific notice requirements for Hearings vary as outlined in the appropriate sections of this Ordinance. 

When Public Hearings are required for Appeals, Permits and Site Plan review, additional notice of Public Hearing shall be provided by requiring the applicant to erect a sign or signs giving notice of such Public Hearing. Said sign(s) shall be prominently displayed on the premises facing each public street or road on which the property abuts. The sign(s) shall be furnished to the applicant for this purpose by the Town and shall be set back 15 feet from the property line. Said signs shall be displayed for a period of not less than 10 days immediately preceding the Public Hearing date or any adjournment date thereof. The applicant shall file an affidavit with the Town prior to the Public Hearing that they have complied with the provisions of this section and that the sign(s) will be removed from the premises and returned to the Town within three days after such Public Hearing is held.

Within 62 (sixty-two) days from the date of such Public Hearing and following a report from the County Planning Board when applicable, the Hopewell Planning Board shall, by resolution, either approve with conditions or disapprove the application so heard. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. In approving the application for a Special Use Permit, the Planning Board may impose reasonable conditions and restrictions directly related and/or incidental to the proposed Special Use Permit.

306 - Planning Board Action on Permit Applications

A. Upon approval of an application by the Planning Board, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Planning Board and shall issue the Permit applied for in accordance with the conditions imposed by the Planning Board.

B. If any application is disapproved, or approved with some condition by the Planning Board, the reason for such denial or condition shall be set forth in the Planning Board’s resolution or a statement of findings, and a copy of such resolution or findings shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall provide the applicant with a copy of the Board’s reason for disapproval, or approval with condition.

C. The Hopewell Town Clerk shall maintain a record of all approved or denied applications. Such permanent record shall be available to the Town Board, the Planning Board, the Code Enforcement Officer and, where applicable, the County Planning Board.