[HISTORY: Adopted by the Town Board of the Town of Fishkill 9-3-1991 by L.L. No.
7-1991.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former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[1]]
A.
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]
B.
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.
[1]
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
