Town of Tully, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tully 10-13-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 280.

§ 207-1 Title.

This Chapter 207 shall be known as "Planning Board, Joint."

§ 207-2 Legislative intent and purpose.

The Town Board desires, in the interest of intermunicipal cooperation, cost efficiency and in recognition of the common planning and zoning interests of the Village and Town of Tully, to create a consolidated planning board to replace the individual planning boards of the Village and Town of Tully, and for the Town and the Village of Tully to work cooperatively to provide such services for the benefit of both municipalities

§ 207-3 Authority.

This chapter is enacted under the authority granted pursuant to the General Municipal Law, Town Law and Village Law of the State of New York.

§ 207-4 Creation of Joint Planning Board; dissolution of Town Planning Board.

The creation of a Joint Planning Board of the Town of Tully and the Village of Tully is hereby authorized. Said Joint Planning Board shall be the sole Planning Board within the Town of Tully. As and if required by applicable law, the Town and Village of Tully shall enter into a intermunicipal cooperative agreement further providing for such Joint Planning Board as provided herein and the resolution of related operational and administrative issues. The Planning Board of the Town of Tully, as established under § 271 of the Town Law and previous duly adopted ordinance or local law of the Town Board, shall be abolished as of the effective date of the Joint Planning Board established under this Chapter 207, subject, however, to the provisions of § 207-13 mandating the automatic reestablishment and effectiveness of the Town Planning Board upon the dissolution of the Joint Planning Board established hereunder.

§ 207-5 Conflict with prior local laws; conditional dissolution of Town Planning Board.

A. 
Except as specifically provided at § 207-5B following, if any local laws or parts of local laws of the Town or Village of Tully are inconsistent with any of the provisions of this chapter, the terms of this chapter shall control.
B. 
Wherever the term "Planning Board" is used in any local laws, ordinances, and codes of the Town of Tully, said term shall mean the Joint Planning Board as established by this chapter. The Joint Planning Board's authority shall specifically, but without limitation, include those powers, duties and functions described at Chapters 245 (Subdivisions) and 280 (Zoning) of the Town of Tully Code.
C. 
Subject to and conditioned upon § 207-13 herein, and in order to effect the creation of the Joint Planning Board herein, the existing Planning Board of the Town of Tully is hereby conditionally dissolved and terminated.

§ 207-6 Membership; appointment; vacancies.

A. 
The Joint Planning Board shall consist of seven members. Three members shall be appointed by the Town Board of the Town of Tully and three members shall be appointed by the Village Board of Trustees of the Village of Tully and one member shall be appointed jointly by both the Board of Trustees of the Village and the Town Board of the Town.
B. 
The original Joint Planning Board shall be appointed as follows: the Town Board of the Town of Tully shall appoint three members, one each for terms of one, three and five years. The Board of Trustees of the Village of Tully shall appoint three members, one each for terms of two, four and six years. The Town Board of the Town of Tully and the Board of Trustees of the Village of Tully shall jointly appoint one member for a term of seven years. All such appointments shall be made from those individuals serving on the preexisting Planning Boards of the Town and Village, unless such persons, or any one of them, is unable or willing to serve. Upon the expiration of the terms of the original members, successors shall be appointed by the same procedures, and by the same Board, or jointly by the Boards, that appointed the original members, for a term of seven years. Terms shall run from January 1 through December 31.
C. 
Vacancies shall be filled by the appointment of replacement members by the same Board, or jointly by the same Boards, that appointed the member leaving office to fill the unexpired term of that member.

§ 207-7 Alternate members.

A. 
Because it may sometimes be difficult to maintain a quorum on the Planning Board due to members being ill, on extended vacation or finding they have a conflict of interest on a specific matter before such Board, in such instances, official business cannot be conducted and which may delay or impede adherence to required time limits. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this chapter.
B. 
This section is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board of the Town of Tully, pursuant to § 10 of the New York Municipal Home Rule Law, to supersede the provisions of § 271 of the New York State Town Law relating to the appointment of members.
C. 
The number of alternate members shall be four. Two members shall be appointed by the Board of Trustees of the Village of Tully and two members shall be appointed by the Town Board of the Town of Tully.
D. 
Alternate members originally appointed shall be appointed as follows: the Town Board of the Town of Tully shall appoint two members, one each for terms of one and three years. The Board of Trustees of the Village of Tully shall appoint two members, one each for terms of two and four years. Upon the expiration of the terms of the original members, successors shall be appointed by the same Board as appointed the original member for a term of four years. Terms shall run from January 1 through December 31. All such appointments shall be made from those individuals serving on the preexisting Planning Boards of the Town and Village, unless such persons, or any one of them, is unable or willing to serve.
E. 
Vacancies shall be filled by the appointment of replacement members by the same Board as appointed the member leaving office to fill the unexpired term of that member.

§ 207-8 Chairperson.

The members of the Joint Planning Board shall at their last meeting of the calendar year elect a Chairperson to so act for the next calendar year or until a successor is elected.

§ 207-9 Adoption and establishment of rules and regulations and supplemental provisions.

The members of the Joint Planning Board shall adopt such rules and regulations and supplemental provisions as they shall deem necessary and proper for their operation and administration, and for the conduct of their meetings and business, including by duly adopted intermunicipal cooperation agreement(s).

§ 207-10 Continuing education and training.

Each regular member and alternate member shall complete such training and continuing education as may be required by law and mandated by joint resolution of the Town Board of the Town of Tully and the Board of Trustees of the Village of Tully. Except if such practice becomes prohibited by a superceding state law, the failure to mandate such training shall be deemed an election to opt out of any such optional or discretionary requirements of the State of New York.

§ 207-11 Compensation.

Members may receive such compensation and reimbursement for expenses necessarily incurred in the performance of their duties as may be established by joint resolution of the Town Board of the Town of Tully and the Board of Trustees of the Village of Tully and/or by intermunicipal cooperation agreement as provided for at § 207-9 hereof.

§ 207-12 Duties; application of laws.

The Joint Planning Board shall act on all matters which shall come before it pursuant to the applicable codes, ordinances and local laws of the Town of Tully and the Village of Tully and on all matters referred to it by either the Town Board of the Town of Tully or the Board of Trustees of the Village of Tully and shall comply with all rules, regulations and other requirements mandated by law. As to property located within the Town of Tully, the procedural and substantive provisions of the Town of Tully Code and the (NYS) Town Law shall apply; as to property located within the Village of Tully, the procedure and substantive provisions of the Village of Tully Code and the (NYS) Village Law shall apply.

§ 207-13 Dissolution.

Except as may otherwise be provided for by intermunicipal cooperation agreement, the Joint Board established hereby shall be dissolved upon the duly adopted resolution of either the Town Board of Tully or the Village Board of Trustees. Upon any such resolution being duly adopted, a certified copy shall be delivered to each of the Town and Village of Tully's respective clerks for filing, and the Joint Planning Board shall become dissolved and no longer in effect upon the last day of the second full month following such resolution and the latter of the dates of filing in the office of their respective Clerks ("dissolution date"). Except as otherwise determined by the respective (Town and Village) Boards, their respective appointed resident Joint Board members shall continue in such position on their respective Town and Village Planning Boards, upon such terms and conditions, and as supplemented by those additional members, conditions and provisions as may be determined by their respective (Town and Village) Boards and applicable state law not superceded hereby, and the Town Planning Board, as previously established, shall be deemed reestablished and in full force and effect upon the day following the dissolution date, such establishment to be automatic, subject and pursuant to Town Law § 271, and, upon such reestablishment, with the minimum number of members required under Town Law § 271.