[Adopted 1-3-1998 by L.L. No. 1-1998]
This article is enacted pursuant to the authority
of New York State Town Law § 271, Subdivision 7, authorizing
Town Boards which have seven members on the planning board to adopt
a local law which decreases the membership to five.
A.
In order to permit the Planning Board to transact
business more efficiently and cost effectively, the Town Board of
the Town of Putnam Valley finds that the Town will be best served
by a Planning Board consisting of no more than five members.
B.
Due to the expiration of one Planning Board member
on December 31, 1997, and a vacancy created effective December 31,
1997, the Town Board of Putnam Valley has determined that decreasing
the membership of the Planning Board to five at this time will have
the least amount of impact on the remaining members and that no member
is improperly removed from office except upon the expiration of his/her
term.
The number of members of the Planning Board
is decreased from seven to five.
Upon the expiration of the term of any current
member, his/her reappointment or the appointment of his/her successor
shall be for a term of five years with the following exceptions necessary
to correct improper term lengths previously established contrary to
New York State Town Law:
Pursuant to § 41 of the New York General
Construction Law, a majority of the number of members of the Planning
Board shall constitute a quorum and be required to exercise its powers,
regardless of vacancies, absences or disqualifications from voting,
unless other laws, including but not limited to § 239-m
of the New York General Municipal Law, require more than a majority
for action. Where a majority of the members of the Planning Board
does not vote on a matter, it shall be the equivalent of nonaction.
