[HISTORY: Adopted by the Town Board of the Town of Avon 3-9-2006
by L.L. No. 1-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Chapter 26 of the
Code and renumbered to maintain the alphabetical organization of the Code.
The Town Board of the Town of Avon hereby determines that the character
of the Town of Avon has changed and, as a result, there is vast additional
work required of the Planning Board members as well as increased interest
in our community. The Town Board further determines that it is appropriate
to expand the number of members of the Planning Board from five to seven.
This chapter shall repeal any conflicting or inconsistent provisions
of all former or other local laws, ordinances and resolutions adopted by the
Town Board of the Town of Avon.
The Town Board has adopted this chapter under the authority of § 271,
Subdivision 6, of the New York Town Law and § 10, Subdivision 1
(ii) a (1) and (12), of the New York Municipal Home Rule Law.
The number of members of the Planning Board is increased from five to
seven. No additional member shall take part in the consideration of any matter
for which an application was on file with the Planning Board at the time of
his or her appointment.
Section 10, Subdivision 1 (ii) a (1), (11) and (12), of the New York
Municipal Home Rule Law authorizes a Town to adopt a local law which supersedes
the provision of § 271, Subdivision 6, of the New York Town Law
setting the terms for members of Town planning boards. This chapter shall
therefore supersede § 271. Subdivision 6, of the New York Town Law
by providing that one of the two additional members appointed shall be appointed
for a term to expire on the last day of the fifth calendar year after appointment
and the other additional member appointed shall be appointed for a term to
expire on the last day of the sixth calendar year after appointment. All existing
members of the Planning Board shall serve the balance of their unexpired terms.
Thereafter, all appointments or reappointments shall be made for a seven-year
term.
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,
observances of disqualifications from voting, unless other laws, including
but not limited to § 239-m or § 239-n of the New York
General Municipal Law, require more that 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.
