[HISTORY: Adopted by the Town Board of the
Town of Bethel as Ch. 20 of the 1979 Code (Ch. 25 of the 1990 Code).
Amendments noted where applicable.]
[Amended 8-18-1990 by L.L. No. 2-1990[1]]
Pursuant to the provisions of § 271 of
Article 16 of the Town Law, a Planning Board of seven members is hereby
appointed for the Town of Bethel, Sullivan County, New York. All subsequent
appointments shall be for terms of seven years.
Pursuant to the provisions of Article 16 of
the Town Law of the State of New York, the aforementioned Planning
Board shall have the authority to:
A.
Prepare a Comprehensive Plan.
B.
Make such investigations, maps, reports and recommendations
in connection with such Comprehensive Plan or otherwise relating to
the planning and development of the Town as it deems desirable.
C.
Report upon all matters referred to it by the Town
Board.
D.
Employ experts and pay for their services and such
other expenses as may be necessary, provided that the total expenditures
of said Board shall not exceed the appropriations for its expenses.
[Amended 8-18-1990 by L.L. No. 2-1990]
Pursuant to the provisions of §§ 276
and 277, as amended, of the Town Law of the State of New York, the
Planning Board shall be empowered to approve plats in the Town of
Bethel, Sullivan County, New York, showing lots, blocks or sites,
with or without new streets or highways, and to pass upon and approve
such plats as are already filed in the office of the County Clerk
or such plats as are entirely or partially undeveloped. The Planning
Board shall also be authorized to approve preliminary plats.
The Clerk of the Town of Bethel, Sullivan County,
New York, is hereby directed to forthwith file with the Clerk of the
County of Sullivan a certificate showing that the Town Board of the
Town of Bethel, Sullivan County, New York, has authorized its Planning
Board to approve plats pursuant to § 276 of the Town Law
of the State of New York; and said Clerk shall write to the County
Clerk of Sullivan County and request that, pursuant to § 279
of the Town Law of the State of New York, such Clerk shall refuse
to file or record in his office any plat unless it has the approval
of the Planning Board of the Town of Bethel, Sullivan County, New
York.
Pursuant to § 266, as amended, of
the Town Law of the State of New York, the Planning Board shall be
empowered to be the Zoning Commission of the Town of Bethel, Sullivan
County, New York, and for the purpose of promoting the health, safety,
morals and general welfare, to recommend to the Town Board such zoning
regulations and districts as are necessary to accomplish such purposes.
[Added 2-9-2006 by L.L. No. 1-2006]
The Town Board of the Town of Bethel may appoint
up to two alternate members to the Town of Bethel Planning Board.
The alternate members shall each serve a term of five years.
[Added 2-9-2006 by L.L. No. 1-2006]
A.
Alternate members appointed to the Town of Bethel
Planning Board shall be required to attend all meetings thereof, subject
to excused absences. An alternate member shall not be permitted to
conduct any official business of said Planning Board unless a regular
member of the Planning Board is absent for any reason or otherwise
unable to vote due to conflict of interest and the alternate member
is designated by the Chairman of the Planning Board to act in the
capacity of such regular member who is absent or unable to vote.
B.
An alternate member acquires no rights to a permanent
position on the Planning Board as a result of his or her appointment
as an alternate member.
[Added 2-9-2006 by L.L. No. 1-2006]
Regular and alternate members appointed to the Town of Bethel Planning Board shall be required to attend all meetings thereof, subject to excused absences. Any regular or alternate member of said Planning Board who accrues more than four unexcused absences in any calendar year shall be subject to removal from office in accordance with § 48-9 hereof.
[Added 2-9-2006 by L.L. No. 1-2006;
amended 11-6-2008 by L.L. No. 8-2008; 12-18-2017 by L.L.
No. 3-2017]
A.
The
Town Board of the Town of Bethel shall have the power to remove any
regular or alternate member of the Town of Bethel Planning Board for
cause, including, but not limited to, noncompliance with attendance
and training requirements.
B.
When
so authorized by the Town Board, the Town Clerk shall issue a written
notice of removal and cause the same to be served on the party to
whom it is directed in the manner provided by § 308 of the
Civil Practice Law and Rules.
C.
Upon
receipt of a written notice of removal, a member of the Town of Bethel
Planning Board shall have 20 days to serve a written request for a
public hearing on the Town Clerk.
D.
Upon
timely receipt of a written request for a public hearing by the Town
Clerk, the Town Supervisor shall schedule a public hearing. The hearing
shall be scheduled on a date within 45 days of the date of the notice
of removal.
E.
Should the Planning Board member fail to provide timely written notice
requesting a public hearing to the Town Clerk, the Town of Bethel
Town Board shall have the right to find cause for the removal in the
absence of a public hearing and may so order the removal of the Town
of Bethel Planning Board member.
F.
Should the Town of Bethel Planning Board member provide timely written
notice to the Town Clerk of their request for a public hearing, at
the conclusion of the public hearing, the Town Board, upon finding
cause for removal, may order the removal of the Planning Board member.
[Added 11-6-2008 by L.L.
No. 8-2008]
A.
Each member of the Planning Board shall complete,
at a minimum, four hours of training each year designed to enable
such members to more effectively carry out their duties. Training
received by a member in excess of four hours in any one year may be
carried over by the member into succeeding years in order to meet
the requirements of this subsection. Such training shall be approved
by the Town Board and may include, but not be limited to, training
provided by a municipality, regional or county planning office or
commission, county planning federation, state agency, statewide municipal
association, college or other similar entity. Training may be provided
in a variety of formats, including but not limited to electronic media,
video, distance learning and traditional classroom training.
B.
To be eligible for reappointment to the Planning
Board, such member shall have completed the above training.
[Added 11-6-2008 by L.L.
No. 8-2008]
If a vacancy in the Planning Board shall occur
otherwise than by expiration of term, the Town Board shall appoint
the new member for the unexpired term.
