[HISTORY: Adopted by the Town Board of the
Town of Colonie 2-22-1996 by L.L. No. 1-1996. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning and land use — See Ch. 190.
Pursuant to Article 16 and § 271 of
the Town Law, the Town Board of the Town of Colonie, by resolution
on October 14, 1954, established the Town of Colonie Planning Board,
consisting of five members with corresponding five-year terms; thereafter,
by resolution on January 9, 1964, the Town Board increased membership
on said Planning Board from five to seven members with corresponding
seven-year terms. This chapter is enacted pursuant to Municipal Home
Rule Law § 10 for the purpose of superseding a portion of
Town Law § 271 regarding the terms of members hereafter
appointed to serve on the Town of Colonie Planning Board. Further,
this chapter is enacted to repeal all prior Town Board resolutions
pertaining to the Planning Board of the Town of Colonie to the extent
they contradict the legislation contained herein and to codify certain
existing laws, ordinances, resolutions, rules and regulations pertaining
to the establishment and organization of said Planning Board and,
except as expressly provided for herein, shall not be interpreted
or construed to limit or repeal any other powers or authority granted
under separate federal, state and local laws, rules, regulations,
ordinances or resolutions.
A.
There shall be continued a Planning Board consisting
of seven members appointed by the Town Board. Notwithstanding any
contrary provisions of Town Law § 271, the Code of the Town
of Colonie, local law, ordinance, resolution, rules and/or regulations
inconsistent herewith, members of the Town of Colonie Planning Board
shall hereafter be appointed by the Town Board of the Town of Colonie
for terms of three years commencing upon the expiration of the term
of each member of said Planning Board now holding office. The Town
Board shall designate a member of the Planning Board to serve as Chairman
for a term of one year; upon the failure of the Town Board to appoint
a Chairman, the Planning Board shall elect a Chairman from among its
membership to serve as Acting Chairman until such time as the Town
Board appoints a Chairman.
B.
The Planning Board is hereby authorized to promulgate
such rules, regulations and procedures as it deems reasonably necessary
to administer the duties and responsibilities delegated to it hereunder
pursuant to statute, local law, ordinance or Town Board resolution.
Pursuant to Town Law § 271, as may be amended from time
to time, such rules, regulations and procedures promulgated by the
Planning Board hereunder may be adopted only after public hearing
and are subject to final approval by the Town Board; and same shall
become effective upon filing in the Town Clerk's Office.
C.
The Planning Board shall have the power and authority
to employ experts and a staff, and to pay for their services and such
other expenses as may be necessary and proper, not exceeding the appropriations
that may be made or authorized for such purposes.
The Planning Board shall hear and exercise the
powers and duties relating to the following matters:
A.
As may be authorized by the Town Board pursuant to
statute, to prepare, review and make recommendations regarding a Town
comprehensive plan or amendments thereto; to prepare and change a
master plan for the development of the entire area of the Town of
Colonie outside the limits of the incorporated Villages of Colonie
and Menands, to make investigations and reports relating to the planning
of the Town and its future growth and affording adequate facilities
for the housing, transportation, distribution, comfort, convenience,
safety, health and welfare of its population.
B.
To approve all plats showing any streets or highways
within that part of the Town outside the limits of the incorporated
Villages of Colonie and Menands.
C.
To approve or disapprove changes in the lines of existing
streets, highways or public areas shown on subdivision plats or maps
filed in the County Clerk's Office.
D.
To approve or disapprove the laying out of, closing
off or abandonment of such streets, highways or public areas under
and subject to the provisions of the New York State Laws.
E.
To make recommendations in connection with any proposed
changes or amendments to the Code of the Town of Colonie which may,
from time to time, be submitted to it by the Town Board.
F.
To review, make recommendations and approve or disapprove
proposals for site plan review, subdivision of land or cluster development,
mobile home park site design or sites proposed for planned unit developments
as provided by local law or statute.
G.
To hear and decide appeals from, make interpretations
and review any order, requirement, decision or determination made
by an administrative official charged with the administration or enforcement
of any local law, statute or ordinance over which the Planning Board
has jurisdiction to act hereunder. Such application for an interpretation
or appeal may be made by any party aggrieved by such order, requirement,
decision or determination.
H.
To implement and otherwise comply with all requirements
of the State Environmental Quality Review Act (SEQR).
I.
Without limitation, to exercise all other powers conferred
upon it pursuant to Article 16, § 271 et seq. of the Town
Law, as may be amended from time to time, including the conduct of
hearings and the performance of its duties, and shall pass upon all
matters which may be referred to it by resolution, ordinance or local
law of the Town Board.
