Town of Canandaigua Planning Board MeetingsWHEREAS, the Town of Canandaigua Planning Board (hereinafter referred to as the Board) has given consideration to the need to adopt rules of procedure for conducting the business of the Board; and
WHEREAS, the Board has determined that such rules of procedure are in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED that the Board does hereby adopt the following rules of procedure for the calendar year 2008.
1. Meetings
There shall be two meetings during each calendar month, except for the month of December when there will be only one meeting on Tuesday, December 9, 2008. Otherwise, all meetings shall convene on the 2nd and 4th Tuesday of each month at 6:30 p.m. to act upon the applications on the agenda for that meeting. However, no additional applications will be heard after 10:15PM. Any rescheduled meeting time shall be to a date and time specific and shall be advertised in accordance with NYS Town Law and the provisions in the Canandaigua Town Code.
2. Order of Business
Pledge to the Flag
Introduction of the Board and Staff
Overview of Emergency evacuation procedures. Reference adopted Rules of Procedure on file with the Town Clerk.
Board Business:
· Approval of Minutes of the previous meeting(s).
· Referrals from the Town Board
· Privilege of the Floor (See Item #11 below)
· Attest to the publishing of Legal Notices
· Other business as required
· Annexations
· Bond releases
Conceptual Subdivision or Site Plans (presented at the first regularly scheduled Board meeting each month).
The Planning Board shall not take formal action to approve, modify or deny a conceptual site plan. The only comments provided will be in the meeting minutes for the applicant’s use in preparing preliminary subdivision or site plans.
Public Hearings
· Continued PH for Special Use Permits.
· Continued PH for Subdivisions
· New Public Hearings (Special Use Permits, Subdivision, and others as required) will be heard in the order by application number
Commercial / Residential Site Plans
· Continued
· New
Sign Site Plan
Staff Reporting:
· Town Engineer
· Town Planner
· Town Attorney
· Board Member Reports
· Topics
3. Agendas, Legal Notices and Draft Meeting Minutes
Packets containing draft agendas, application information, PRC minutes, and other pertinent materials for review of an application will be available for pick-up by the Board Member in the Planning Department on the Tuesday prior to the meeting, unless otherwise notified. Ontario County Planning Board minutes will normally be made available electronically to the Town from the County on the Tuesday following the OCPB meeting. This information will then be sent electronically to each Board member by Town Staff. A draft of the previous month’s Town Planning Board minutes will be made available by email to the Planning Board and staff from the Secretary to the Board within two weeks of said meeting.
Copies of the Meeting Agenda and Legal Notices shall be available in the Town Planning Office ten (10) days prior to each Planning Board Meeting. In addition, copies of the Meeting Agenda shall be available in the meeting room, by 6:15 pm on the day of the scheduled meeting. In the interests of governmental efficiency, and prior to the Order of Business the Board Chair shall give testimony to the availability of said notices, the publishing of said notices as contained in the meeting agenda for the Planning Board at said meeting.
Approval of the previous month’s minutes shall be approved at the 2nd Meeting for the Board each month.
4. Public Hearings
All public hearings shall follow a formal presentation by the applicant or agent to the Planning Board. After Planning Board members have had the opportunity to discuss the application with the applicant, Town Staff will then be given the opportunity to add relevant information regarding the application and discuss the application with the applicant. The Planning Board Chair shall identify the Type of Action under review as defined by the State Environmental Quality Review (SEQR) Procedures and will also identify whether or not a County Planning Referral has been received and enter into the record the Comments made by same.
Once this information has been entered in the Public Hearing Record, the Chairperson will open the meeting to the general public present. All persons speaking will first provide their name and address for the record. Each speaker will be provided a maximum of three (3) minutes to present their concerns and comments. All comments are to be directed to the Chair, who may, in turn, redirect the question to another person. In no event, shall the public have the right to demand an answer to a specific question from a member of the board, town staff, or applicant. The Chairperson may restrict redundant comments. The Chair shall read or summarize (name, address, principal concerns, and comments) all letters pertaining to the application which have been received prior to the hearing into the record.
Once everyone has had an opportunity for input, the Chair may recognize a person wishing to speak again on the subject. In the event a petition or other written documentation is submitted the material shall be given to the Planning Board Chair. Copies thereof shall be given to all Board Members, Town Staff, and the Applicant within three (3) business days of the date of the Public Hearing. No action shall be taken upon an application that is subject to a public hearing until such time as the public hearing has been closed. The Planning Board shall have the right to require a public hearing on a site plan, when, in the opinion of the Board, a public hearing is warranted.
All public hearings shall be held in accordance with the time line established in the various sections of New York State Town Law. Written materials from the public will be accepted prior to the close of the public hearing.
5. Motions
When a question is under debate/discussion, no motion shall be received except a motion to amend the question, to put the question, to adjourn it to a day certain, to lay it on the table, to commit to staff, or legal counsel, or a motion to adjourn the Board.
6. Voting
A member of the Planning Board shall be eligible to vote upon the Planning Board Meeting Minutes only when they were present for the meeting. In this instance the Board member shall abstain from voting on said meeting minutes. A member of the Planning Board shall, at the out set of any application, give public notice of an economic or financial interest in any application pending, or who is related by blood or marriage to any applicant and shall recuse (her)himself from participating as a Board Member in the consideration of the application by the Planning Board. A Planning Board Member, may, at their discretion, recuse themselves from participating in the consideration of any application pending before the Planning Board at any time they believe that a conflict of interest exists or is otherwise unable to render a fair, impartial, and unbiased determination. Where such disclosure is made the Board Member shall be in compliance with the Code of Ethics contained in the Town Code.
In all matters voted upon by the Planning Board, there must be a majority of the entire membership (or 3 of the 5 Board Members) voting the same way in order for an action to be approved, denied, or modified. In the instance where the Ontario County Planning Board has rendered an advisory report that recommends denial or modification, under the provisions of Sections 239-l, -m and –n of the General Municipal Law, the Planning Board, in order to override the County’s recommendation must have a majority plus one (or 4 of the 5 Board Members) voting to override. Failure to override results in the Planning Board either denying or approving the application in accordance with the County’s Recommendation. In the event the Planning Board does override the County Recommendation, the Planning Board shall set forth in a resolution its reasons for overriding the County. The Town Staff must file a copy of said resolution with the County Planning Board within the time frame prescribed in the General Municipal Law.
In no instance, shall the Board vote upon a Concept Plan.
In no instance, shall the Board vote upon a preliminary subdivision plan until SEQR has been satisfied. In no instance, shall the Board vote upon a Final Site Plan or Special Use Permit until SEQR has been satisfied. When staff has prepared a formal SEQR resolution, the Planning Board may vote to waive the reading into the minutes and, instead, note in the record that such a resolution has been prepared, reviewed and accepted by the Board as being complete. The Planning Board, however, must vote to approve the determination of significance upon the application under consideration. All determinations of significance must be signed by the Planning Board Chair.
7. Recording of votes
The ayes and nays upon a question shall be taken and entered in the minutes. A Planning Board Member may abstain from voting. When a Board Member exercises this right, it is not necessary for the Board Member to state his reason(s) for abstaining.
8. Decisions
Per Section 274a of the NYS Town Law, when the Planning Board does not conduct a public hearing on a site plan application, the Planning Board is required to make a decision the day the application is reviewed at a public meeting unless mutual consent of the applicant and the Board has been achieved. When the Planning Board determines a public hearing is required for a site plan, then the Planning Board has 62 days after such public hearing to make a decision.
For Subdivisions and Special Use Permits, the Planning Board must conduct a public hearing and decide upon the application within 62 days of the closing of said public hearing.
9. Distribution
A certified copy of the Town Planning Board Rules of Procedures shall be filed with the Town Clerk. Copies thereof once filed shall be provided to all Town Planning Board Members, Town Board members, Town Department Heads, and Town staff.
10. Conflicts Between NYS Town Law and Canandaigua Town Code Conflict with New York Law of Canandaigua Town Code
If any of these rules of procedure conflict with New York Law or any section of the Canandaigua Town Code, the more restrictive shall apply.
11. Privilege of the Floor
Any person, upon request, may address the Planning Board during a Meeting on a matter of public concern. The time allotted for addressing the Board shall be limited to five (5) minutes unless the Chairperson grants approval for additional time.
12. Public Notification
Public Notice, when required, shall be given in the manner prescribed by New York State Town Law.
13. Duties and Responsibilities
The duties and responsibilities of the Planning Board are set forth in the various sections of the Canandaigua Town Code, the New York State Town Law, and the State Environmental
Quality Review (SEQR) regulations and the provisions contained in Sections 239-l, -m and –n of the New York State General Municipal Law.
14. Qualification Requirements
Qualification requirements for Planning Board Members are contained in Canandaigua Town Code Section 105-1003, 5-a, - b, and -c. Each Planning Board Member shall advise the Chairperson of completed hours of training with NYS Planning Federation, Genesee/Finger Lakes Regional Planning Council, Ontario County Planning, or the equivalent. Completed hours of training for Planning Board Members shall be recorded by the Chairperson and filed with the Town Staff.
15. Organizational Meeting
The Planning Board shall convene in the second week of January of each year to review or revise the Rules of Procedure, review training requirements, appoint a committee to develop a report on the Comprehensive Plan if not done previously, appoint the Vice-Chair, appoint the Secretary of the Board and to discuss any business pertinent to the effective operation of the Planning Board. If the Town Board has not appointed a Planning Board Chairperson for the new term previous to the Planning Board Organizational Meeting the Planning Board shall appoint an Acting Chairperson for the interim.
16. Comprehensive Plan Report
A report on the current Town of Canandaigua Comprehensive Plan shall be written and forwarded to the Canandaigua Town Board by July of each year. The report shall contain recommendations or advisements to the Canandaigua Town Board regarding the Plan’s current overall efficacy.
17. Amendments to the Rules of Procedure
The Board, upon a Resolution to amend, may amend these rules of procedures at the organizational meeting or when deemed prudent.
18. Filing of the Rules of Procedure
All adopted rules of procedure and amendments therein shall be filed with the Office of the Canandaigua Town Clerk and made available for public inspection upon request. A copy of the Rules of Procedure shall be posted on the Town’s website and a copy will be on file in the Town Building and Zoning Department.
19. Effective Date
All adopted rules of procedure shall become effective upon filing in the Office of the Canandaigua Town Clerk and shall remain in effect until further amended by the Planning Board.
20. Chairperson
The Chairperson shall have the responsibility to sign a decision sheet and give same to the Town Clerk to be filed within 5 business days after the meeting where action was taken.
21. Vice-Chair
The Vice-Chair shall act as the Chairperson at any meeting in which the Planning Board Chair is absent. The Vice-Chair will assume the responsibility of signing decision sheets for the action taken when acting as the Planning Board Chair.
The above resolution was offered by Bruce Deling and seconded by Joe Maslyn at a meeting of the Town of Canandaigua Planning Board held on January 8, 2008. Following discussion thereon, the following roll call vote was taken and recorded in the Official Meeting minutes of the Planning Board.
Bruce Deling -- AYE
Patricia VanDyne -- AYE
Joseph Maslyn -- AYE
Robert Mincer -- AYE
Terrence Fennelly -- AYE
I, Colleen White, Secretary to the Board, do hereby certify the above resolution and it being acted upon by the Planning Board at a public meeting held on Tuesday, January 8, 2008.
Colleen J. White
Colleen White, Secretary
Town of Canandaigua Planning Board
Adopted January 8, 2008