[HISTORY: Adopted by the Town Board of the
Town of Monroe 8-1-1947 by resolution. Amendments noted where applicable.]
The following named persons be, and hereby are,
appointed a Planning Board for the Town of Monroe, to hold office
for the terms set opposite their respective names:
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Silas B. Patterson
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5 years
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Fred S. Florance
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4 years
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George C. Rogers
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3 years
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Edward M. O'Gorman, Jr.
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2 years
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Nathaniel J. McMahon
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1 year
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The above named persons shall have and possess
all of the powers and perform all of the duties of a Planning Board
specified in Article 16 of the Town Law or such other statute or statutes
now in force or hereafter enacted prescribing the powers and duties
of a Planning Board, and said Silas B. Patterson be, and hereby is,
designated as Chairman of said Board.
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[Added 3-15-2010 by L.L.
No. 3-2010; amended 4-4-2022 by L.L. No. 2-2022]
Pursuant to the provisions of Town Law § 271, Subdivision
(7), the membership of the Planning Board is hereby decreased from
seven to five. The decrease to five members shall take effect upon
the expiration of the next two terms on December 31, 2022, and December
31, 2023, at which time the Planning Board shall consist of five members.
Vacancies occurring in the current terms to expire on December 31,
2022, and December 31, 2023, after the effective date of this section
shall not be filled.
[Added 5-2-2022 by L.L. No. 4-2022]
As used in this chapter, the following terms shall have the
meanings indicated:
A Town Planning Board member is deemed absent when that member
is either unable to participate in a Planning Board matter, is not
physically present at a meeting or is not lawfully participating via
video conference for any reason.
A person duly appointed by the Town Board as an alternate
Planning Board member as authorized by Town Law § 271 to
serve, as designated by the Planning Board chairperson, when a regular
Planning Board member is absent, as that term is defined herein.
The action by the Chairperson of the Planning Board in designating
an alternate member to serve on the Board in the place of an absent
member.
[Added 5-2-2022 by L.L. No. 4-2022]
A.
Establishment
and appointment of alternate members. Pursuant to New York State Town
Law § 271, Subdivision (15), the Town Board hereby establishes
two alternate member positions on the Planning Board.
B.
Terms
of alternate members. Alternate members of the Planning Board shall
be appointed by the Town Board for a term of two years, with the terms
to expire on December 31 of the second year after the date of the
initial appointment. The alternate member first appointed following
the effective date of this section shall serve until December 31 of
the year following the year of the initial appointment. The second
alternate member appointed following the effective date of this section
shall serve until December 31 in the year of the initial appointment.
Thereafter all alternate member terms shall be two-year terms expiring
on December 31 of the second year after the date of the initial appointment.
C.
Substitution
of alternate member. The Chairperson of the Planning Board shall designate
an alternate member to substitute for a member when such member is
absent. The Planning Board Chairperson shall determine the selection
and assignment of alternate members to Planning Board matters. Up
to two alternate members may be designated, if available and necessary,
by the Planning Board Chairperson to review and vote on any application
or matter when regular members are unable to participate or are otherwise
absent. When so designated, the alternate member(s) shall possess
all the powers and responsibilities of such member of the Planning
Board, including participating in Planning Board discussions and voting.
The designation of alternate members to serve on a Planning Board
matter shall be recorded in the minutes of the Planning Board meeting
at which substitution occurs.
D.
Alternate
Members appointed by the Town Board shall regularly attend the scheduled
meetings and/or work sessions of the Planning Board, be available
for designation when required and be familiar with the applications
and/or matters pending before the Planning Board.
E.
Alternate
members shall serve without compensation.
F.
All provisions
of state law relating to Planning Board member attendance, eligibility,
vacancy in office, removal, compatibility of office and service on
other boards, as well as provisions of any local law or ordinance
relating to training and continuing education, shall also apply to
alternate members.
G.
Where
not contrary to the intent and purpose of this section, nothing herein
shall preclude the Planning Board, as deemed appropriate and necessary
for the conduct of Planning Board business, from enacting rules and
procedures regarding alternate members.
[Added 9-5-1947 by resolution]
Said Board be, and hereby is authorized and
empowered to approve plats showing new streets or highways within
that part of the town outside the limits of the incorporated Villages
of Monroe and Harriman, pursuant to § 276 of the Town Law,
for the purpose of providing for the future growth and development
of the town and affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
its population.
[Added 12-6-1957 by resolution].
The Planning Board of the Town of Monroe is
hereby authorized to pass and approve the development of plats already
filed in the office of the Clerk of the County of Orange, in cases
where such plats are entirely or partially undeveloped. This authority
is in addition to the previous authority granted to such Planning
Board to approve plats showing new streets and highways.
[Added 7-3-1959 by resolution]
The Planning Board of the Town of Monroe is
hereby authorized to approve plats showing lots, blocks or sites with
or without streets or highways and approve the development of such
plats already filed in the office of the Clerk of the County of Orange
in cases where such plats are entirely or partially undeveloped. This
authority is in addition to all previous authority granted to such
Planning Board to approve plats showing new streets and highways.
[Added 10-9-1968 by resolution]
To enable and encourage flexibility of design
and development of land in such a manner as to promote the most appropriate
use of land, to facilitate the adequate and economical provision of
streets and utilities and to preserve the natural and scenic qualities
of open land, the Town Planning Board of the Town of Monroe be and
it is hereby authorized and empowered, simultaneously with the approval
of plats pursuant to Article 16 of the Town Law, to modify applicable
provisions of Local Law No. 2 of the year 1965 of the Town of Monroe,[1] as amended from time to time, subject to the conditions
set forth in § 281 of the Town Law. This authorization shall
be applicable to all lands outside the limits of any incorporated
village within the town which are zoned for residential purposes.
[Added 4-16-2018 by L.L. No. 5-2018]
A.
All members or alternate members appointed by the Town Board to the
Planning Board shall regularly attend all meetings as scheduled.
B.
If any member or alternate member is absent from three consecutive
meetings and/or six meetings in any calendar year, such absences shall
constitute cause for his or her removal from the Planning Board for
noncompliance with the minimum requirements relating to meeting attendance.
C.
Any member or alternate member who does not meet the minimum attendance
requirements may be removed by the Town Board for cause. In the case
of removal, said members shall be entitled to notice and a hearing
before the Town Board, at their request, prior to said removal. The
Board may use its discretion to strictly construe the attendance requirement
should it choose, or may find good cause to excuse certain absences
in determining whether to remove any members of the Planning Board
under this section.
D.
This section is hereby adopted pursuant to Town Law § 271.
[Added 4-16-2018 by L.L. No. 5-2018]
A.
Pursuant to § 271 of the New York State Town Law, all members
and alternate members of the Planning Board shall complete, at a minimum,
four hours of training each year, which shall be approved by resolution
of the Town Board.
B.
All of other applicable provisions relating to training as set forth
in § 271 of the New York State Town Law are hereby incorporated
herein.
C.
Any member or alternate member who does not meet the minimum training
requirements may be removed by the Town Board for cause. In the case
of removal, said members shall be entitled to notice and a hearing
before the Town Board, at their request, prior to said removal. The
Board may use its discretion to strictly construe the training requirement
should it choose, or may find good cause to excuse certain absences
in determining whether to remove any members of the Planning Board
under this section.
[Added 5-2-2022 by L.L. No. 4-2022]
A.
The Planning
Board Chairperson may designate a Deputy Chairperson to act in the
cases of absence or unavailability of the Planning Board Chairperson
and, in such circumstances, the Deputy Chairperson shall be authorized
to take all actions necessary to carry out the duties and responsibilities
of the Planning Board Chairperson.
B.
In the
event of the simultaneous absence or unavailability of the Planning
Board Chairperson and the Deputy Chairperson, the members of the Planning
Board shall designate an Acting Chairperson to carry out the duties
and responsibilities of the Planning Board Chairperson during the
time of absence or unavailability of the Planning Board Chairperson
and Deputy Chairperson.
