[HISTORY: Adopted by the Town Board of the Town of Fishkill 9-3-1991 by L.L. No. 7-1991. Amendments noted where applicable.]
Subdivision of land — See Ch. 132.
Zoning — See Ch. 150.
Editor's Note: This local law also superseded former Ch. 25, Planning Board, adopted 3-6-1973.
The Town of Fishkill Planning Board is hereby constituted and shall have the power to approve preliminary plats within the Town of Fishkill, outside the limits of any incorporated city or village, in accordance with the provisions of §§ 276, 277 and 278 of Article 16 of the Town Law, as they currently exist and as they are amended from time to time by this state's Legislature, as well as such other approval powers as are delegated to it by the Town Board by local law or ordinance.
This chapter supplements or modifies the authority of the Planning Board to approve subdivision plats and such other matters as have been delegated to it by the Town Board by any earlier resolutions, local laws or ordinances of the Town Board.
The Town Clerk shall file with the Clerk of the County of Dutchess a certificate certifying that the Planning Board has been authorized to review and approve subdivision plats in the Town of Fishkill, in accordance with the provisions of §§ 276, 277 and 278 of Article 16 of the Town Law as they currently exist or as they may be amended from time to time by this state's Legislature.
The Planning Board shall consist of seven members, who shall be appointed by the Town Board as hereinafter set forth. The Town Board shall fix the compensation to be paid to the members of the Planning Board, if any. The term of each appointed member of the Planning Board shall be four years, commencing upon the first day of May of the year of appointment. If a vacancy shall occur otherwise than by expiration of a member's term, the position shall be filled by the Town Board by appointment for the unexpired term. The current terms of existing Planning Board members, as of the effective date of this chapter, shall remain in force and effect until expiration of their unexpired terms. Thereafter, for each such term, appointments shall be for a term of four years. During the period of transition from seven-year to four-year terms for Planning Board members, vacancies resulting other than by expiration of a term shall be filled for the balance of the existing unexpired term.
[Added 3-23-2004 by L.L. No. 2-2004]
The Town Board may appoint up to three alternate members, with each such position having a term of one year, for purposes of substituting for a member(s) in the event such member(s) is absent or unable to participate because of a conflict of interest. All provisions relating to members of Planning Boards, including training, continuing education, attendance and compensation, apply to alternate members.
[Amended 9-6-2008 by L.L. No. 8-2008]
The Chairman of the Planning Board shall determine when an alternate member shall substitute for a member on any particular application or matter before the Board. Once designated, the alternate member shall possess all the powers and responsibilities of the member being substituted for to make determinations. The minutes of the Planning Board shall reflect the meeting at which the substitution is made.
Editor's Note: This local law also stated that, pursuant to § 22 of the Municipal Home Rule Law, its provisions were intended to supersede any inconsistent provisions of state or local law, including Town Law §§ 267, Subdivision 11, and 271, Subdivision 15.
[Added 5-21-2003 by L.L. No. 3-2003]
The State of New York has recognized the importance of training for members of the Planning Board in § 271 of the Town Law.
Each member of the Planning Board shall be required to attend a minimum of three hours of training relevant to the responsibilities of the Board within one year of appointment to such Board, and a minimum of three hours of additional training in each calendar year succeeding the year of appointment. Prospective Board members shall be advised of these requirements.
Noncompliance with the Town's minimum requirements for training shall be a proper cause for removal from office pursuant to Town Law § 271, Subdivision 9.
The costs of training shall be a Town charge, and members of the Planning Board shall be reimbursed for the cost of the training, provided such training and attendant costs have been approved in advance by the Town Board.
Approved training courses. Training sessions which relate to the duties of members of the Planning Board may include programs offered by the New York Department of State, the New York State Association of Towns, the New York State Department of Environmental Conservation, the Dutchess County or Westchester County 2 Planning Federations or other appropriate entities. The Town Board, after consultation with the Chairperson of the Planning Board, may annually designate training courses which will meet the Town's training requirements.
Notwithstanding the foregoing, the failure of a member of the Planning Board to obtain the required training shall not, absent Town Board action, affect that member's appointment to serve on the Board, to entertain and vote on applications or the validity of that member's acts as a Board member.