Town of Bethel, NY
Sullivan County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Subdivision of land — See Ch. 300.
Zoning — See Ch. 345.

§ 48-1 Creation; appointment; terms.

[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 48-2 Powers and duties.

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.
E. 
Approve, deny or approve with modifications special use and site plan approval applications brought before it pursuant to § 274-a of the New York State Town Law and Chapter 345, Zoning, of the Town of Bethel Code.
[Added 6-20-1996 by L.L. No. 3-1996]

§ 48-3 Power of plat approval.

[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.

§ 48-4 Certificate of authorization. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 48-5 Power as Zoning Commission.

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.

§ 48-6 Appointment of alternate members.

[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.

§ 48-7 Powers and duties of alternate members.

[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.

§ 48-8 Attendance requirements.

[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.

§ 48-9 Removal from office.

[Added 2-9-2006 by L.L. No. 1-2006[1]]
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 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. 
The Town Supervisor shall, within 15 days of the date of issuance of the written notice of removal, appoint a hearing officer who shall promptly schedule a date for public hearing. The hearing shall be scheduled on a date within 45 days of the date of the notice of removal or at some other date mutually convenient to the parties.
D. 
Unless otherwise mutually agreed by the parties, the hearing shall be conducted on consecutive business days until concluded. In the event that the party to whom the notice of removal was issued does not appear or otherwise defend his or her removal from office, the hearing shall proceed in the absence of said party. The hearing officer shall not be bound by the formal rules of evidence. At the conclusion of the hearing, the hearing officer shall promptly issue a written decision and serve a copy of the same on all parties, who shall be bound thereby.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 48-10 Training requirements. [1]

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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 48-11 Vacancies. [1]

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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).