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