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Updated
January 13, 2008
Proposed Legislation
Council Member O’Brien introduced the following:Ordinance Number 72.92.07
AN ORDINANCE AMENDING ARTICLE IV CHAPTER 375 (ZONING) IN RELATION TO
PROCEDURES OF THE BOARD OF ZONING APPEALS AND ARTICLE XXIII CHAPTER 1 OF
THE CODE OF THE CITY OF ALBANY (PLANNING) IN RELATION TO PROCEDURES OF
THE PLANNING BOARDThe City of Albany, in Common Council convened, does hereby ordain and
enact:Section 1. Section 375-13 of Article IV of Chapter 375 of the Code of
the City of Albany is hereby amended as follows:ARTICLE IV BOARD OF ZONING APPEALS
§ 375-13. Meetings; quorum; records.
A. Meetings of the Board shall be held twice a month on a regular
schedule established by the Board members, with additional meetings to
be held at the call of the Chair If determined to be necessary. All
Board meetings shall be open to the public and shall be held at a time
of day after normal business hours to assure the opportunity for public
participation. All meetings shall be in strict compliance with the open
meetings requirements of Public Officers Law Article 7. All proceedings
including all deliberations shall be open to the public.Section 2. Section 375-19 of Article IX of Chapter 375 of the Code of
the City of Albany is hereby amended as follows:ARTICLE IV BOARD OF ZONING APPEALS
§ 375-19. Hearing.
The Board shall hold a public hearing on each application.
D. Hearing Rules and Regulations of the Board.
(1) But for the initial presentation of the applicant, there will be a
limit of five minutes to speak on proposed agenda items or to read a
prepared statement. The name and address of each speaker will be given
as an introduction. The Board will also accept and encourage written and
signed statements and petitions as part of the public testimony. The
primary purpose will be for the Board to listen to interested persons.
Remarks should be kept relevant to the item(s) on the agenda being
discussed. The Chair at his/her discretion may require that a speaker
sum up his or her testimony in order to proceed with the orderly conduct
of the meeting. Testimony will be recorded and maintained as part of the
public record.
(2) The order of presentation. (a) The applicant and/or representative
(b) Others appearing in support or opposition of the proposal (c) A
rebuttal period in which a representative of each side of the issue may
rebut and clarify arguments regarding the proposals for a period of five
minutes each.E. Adjournments
(1) If further evidence or information is required for the
rendering of a decision on the application, the Board shall adjourn the
hearing. The Board on its own motion or on the request of any person,
may adjourn the hearing for the purpose of giving further notice, taking
further evidence, gathering further information or for other reasons
that the Board may find sufficient The hearing shall remain open and
shall be adjourned to a fixed date, time and place. Notice shall be
given as set forth in Section 375-19(2) The Board may limit the testimony in the adjourned hearing to
specific issues or questions identified by the Board in the original
hearing.F. Deliberations
The hearing will be closed only after all evidence to be considered by
the Board and after all parties and the public has been given the
opportunity to examine such evidence. The Board will then convene in a
deliberative session during which arguments will be discussed. These
discussions will be solely among members of the Board and their staff,
but shall be open to the public upon notice in the same manner as set
forth in Section 375-19 of this chapter. There will be no disruption of
this process by the audience, nor conversation with members of the Board
unless recognized by the Chair. After deliberating, a vote of the Board
will be taken and recorded.Section 3. Section 375-20 of Article IX of Chapter 375 of the Code of
the City of Albany is hereby amended as follows:ARTICLE IV BOARD OF ZONING APPEALS
§ 375-20. Decision.
A. The Board shall render a decision within (-30-) 62 days of the final
hearing on an application. The decision shall include:(1) Findings of fact
(2) References to all the evidence in the record and to the exhibits,
plans or
specifications upon which such decision is based(3) The reason or reasons for such decision
B. Voting
(1) The concurring vote of at least four members of the Board shall be
necessary to take anyaction.
(2) In order to vote all members voting must be present at the time the
vote is taken.(3) When a member has been absent from a portion of the hearing, the
member shall first certify on the record that he/she has reviewed the
record of any such portion of the hearing during which he/she was absent
and is fully informed of the essential facts and issues of the matter
being heard so as to be able to cast an informed and independent vote.(4) The failure to act upon an application within 62 days following the
conclusion of the hearing shall be deemed a denial rendered on the day
following the expiration of 62days. In such cases an applicant may file
in writing a request to the Board to vote on the application at the next
available meeting. A denial of an application as a result of a failure
to act by the Board shall not be subject to the provisions for
successive applications. A new application may be submitted.Section 4. Section 42-181 of Article XXIII Chapter 1 of the Code of the
City of Albany is hereby amended as follows:ARTICLE XXIII PLANNNG BOARD (GENERAL PROVISIONS)
§ 42-181. Common Council; jurisdiction
A. Notice and agenda of every Planning Board meeting shall be provided
to the Common Council at least one week prior to any meeting of the
Planning Board. The Planning Board shall notice such meetings and
conduct such meetings, deliberations and voting in the same manner as
provided for in the Code of the City of Albany Chapter 375 Article IV.Section 5. This ordinance shall take effect immediately.
APPROVED AS TO FORM*
September 7, 2007
__________________________
Corporation Counsel* for introduction purposes only
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