Town of Kinderhook, NY
Columbia County
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[HISTORY: Adopted by the Town Board of the Town of Kinderhook as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 215.
Zoning — See Ch. 250.
[Adopted 6-14-1967; amended 3-14-1977 (Ch. 13, Art. I, of the 1978 Code)]
[Amended 2-10-1997 by L.L. No. 5-1997]
A. 
Pursuant to the Town Law § 271, the Planning Board, to consist of seven members and to possess all authority granted by said Town Law, shall be appointed for the Town of Kinderhook. Members first appointed shall hold office for a term of from one to seven years, as shall be designated in their appointments. Their terms shall expire on December 31 of the designated year. Upon expiration of the term of each member, their reappointment or the appointment of their successor shall be for a term of seven years. No nonagricultural member who has completed a full seven-year term shall be eligible for reappointment to the Planning Board for a period of one year.
[Amended 6-13-2000 by L.L. No. 1-2000; 6-14-2004 by L.L. No. 9-2004]
B. 
Alternate members.
[Amended 6-13-2000 by L.L. No. 2-2000; 3-8-2004 by L.L. No. 3-2004]
(1) 
The Town Board shall appoint alternate members of the Planning Board to serve as provided in this section. The number of alternate members appointed pursuant to this section shall not exceed three. The Town Board shall appoint alternate members who shall hold membership for two years. The Chairperson of the Planning Board shall assign the available alternate to substitute at meetings of the Planning Board for regular members who are absent from said meetings or who are unable to participate in said meetings for reasons of conflict of interest, as follows:
(a) 
If, at the time the selection is to be made, the subject of business is an application which is being presented to the Planning Board for the first time, the selection shall be random.
(b) 
If, at the time the selection is made, the subject of business is an application which has been previously reviewed by the Planning Board, the Chairperson shall randomly select an alternate who has participated in that review. If no alternate member has previously so participated, the selection shall be random.
(2) 
Alternate members must attend all regular and special meetings of the Planning Board unless excused by the Board. An alternate member assigned to participate at meetings of the Planning Board as provided herein shall possess all of the powers and duties of a regular member of the Planning Board. Any determination made by the Planning Board consisting of alternate members shall have the same force and effect at law as a determination made by the Planning Board consisting of only regular members. Alternate members appointed pursuant to this section shall be entitled to receive such expenses as fixed by resolution of the Town Board. (This section amends § 271, Subdivision 15, of the New York State Town Law.)
C. 
Quorum. At any meeting of the Planning Board, a quorum shall consist of a majority of the full membership of the Planning Board, who may be regular members or alternate members assigned to sit and participate at said meeting in accordance with Subsection B of this section. No action shall be taken in the absence of a quorum, except that those members present shall be entitled to call a special meeting at a subsequent date.
[Added 6-13-2000 by L.L. No. 2-2000; amended 9-14-2009 by L.L. No. 2-2009]
D. 
Voting. At all meetings of the Planning Board, each attending member who has been properly appointed as a regular member or assigned as provided in Subsection B of this section shall be entitled to one vote. Voting shall be by voice. A majority vote of the entire Planning Board shall be necessary for the adoption of any proposed action, resolution or other voting matter.
[Added 6-13-2000 by L.L. No. 2-2000]
[Amended 6-13-2000 by L.L. No. 1-2000]
Since at least 20% of the area of the Town of Kinderhook is devoted to agricultural pursuits, one member shall be appointed to the Planning Board for a term of seven years, with such term to expire on December 31 of the year designated. Such member shall be a person who derives more than 1/2 of his annual income from agricultural pursuits.
The Chairman of the Planning Board is to be designated by the Town Board by appointment, and an attorney shall be designated by the Town Board to act as consulting attorney for the Planning Board.
The Planning Board is authorized and empowered to approve plats for new streets and highways which are in that part of the Town of Kinderhook outside the limits of any incorporated village.
[Adopted 6-13-1994 by L.L. No. 1-1994 (Ch. 13, Art. II, of the 1978 Code)]
A. 
Annual meetings. The annual meeting of the Planning Board shall be held at the first regular meeting in the month of January of each year hereafter. Such meeting shall be devoted to such business as shall be scheduled by the Planning Board.
B. 
Regular meetings. Regular meetings of the Planning Board shall be held in the Kinderhook Town Hall at 7:00 p.m. on the third Thursday of each month hereafter. At such meetings shall be considered any and every matter properly brought to the attention of the Planning Board, without the necessity of prior notice thereof given to any members.
[Amended 9-9-2002 by L.L. No. 3-2002]
C. 
Workshop sessions. A workshop session of the Planning Board shall be held in the Kinderhook Town Hall at 7:30 p.m. on the second Thursday of each month hereafter. Such workshop sessions shall be held for the purpose of reviewing all new applications and other matters that are scheduled for consideration at the regular Board meeting to be held that month, together with any and all other business the Chairman so elects to place on the workshop session agenda, without the necessity of prior notice thereof given to any member.
D. 
Special meetings. Special meetings of the Planning Board shall be held at a time and place designated by the officer calling the same and shall be called by the Chairman or Secretary. Verbal or written notice thereof shall be given to all the members not less than 24 hours in advance.[1]
[1]
Editor's Note: Original Subsections E and F, regarding quorums, which immediately followed this subsection, were repealed 6-13-2000 by L.L. No. 2-2000.
E. 
Proceedings.
(1) 
At any regular meeting of the Planning Board, the following shall be the regular order of business:
(a) 
Roll call.
(b) 
Read and approve minutes of the preceding meeting.
(c) 
Communications.
(d) 
Reports and action on old business.
(e) 
New business.
(f) 
Agenda for next succeeding meeting.
(g) 
Adjournment.
(2) 
Each formal action of the Planning Board required by law, rule or regulation shall be embodied in a formal resolution duly entered in full upon the Minute Book after an affirmative vote as provided in Subsection F hereof. Each resolution so adopted shall specifically authorize, if necessary, the use and imprint of the official signature of this Planning Board as hereinafter defined, and such official signature shall not be used unless so authorized.
F. 
Rules of procedure. All meetings of the Planning Board shall be conducted in accordance with Robert's Rules of Order.
A. 
Officers. The officers of the Planning Board shall consist of a Chairman, a Vice Chairman, both of whom shall be voting members of the Planning Board, and a Secretary. The Chairman and Vice Chairman shall serve for a term of one year or for the unexpired term of his or her appointment to the Planning Board, whichever is less. The Secretary shall serve for a term of one year.
B. 
Appointment of officers. The Chairman and the Secretary of the Planning Board shall be appointed for a one-year term by the Town Board of the Town of Kinderhook. The Vice Chairman shall be appointed by the Chairman of the Board for a one-year term. In the event that the Secretary shall be absent from any meeting, the officer presiding shall designate another member of the Planning Board to act pro tem in place of the Secretary.
C. 
Duties of the officers. The duties and powers of the officers of the Planning Board shall be as follows:
(1) 
Chairman:
(a) 
To preside at all meetings of the Planning Board.
(b) 
To call special meetings of the Planning Board in accordance with these bylaws.
(c) 
To sign official documents of this Planning Board in accordance with the requirements of these bylaws or any law he may be subject to.
(d) 
To see that all reports, documents and actions of the Planning Board are properly made, executed, filed or taken, as the case may be, in accordance with law and the actions and regulations of the Planning Board.
(2) 
Vice Chairman. During the absence, disability or disqualification of the Chairman, the Vice Chairman shall exercise or perform all the duties and be subject to all of the responsibilities of the Chairman.
(3) 
Secretary:
(a) 
To keep the minutes of all meetings of the Planning Board in an appropriate Minute Book.
(b) 
To give or serve all notices required by law or by these bylaws.
(c) 
To be custodian of all records of the Planning Board.
(d) 
To attend to all the official correspondence of the Planning Board.
(e) 
To lay before the Planning Board at its meetings all official correspondence received by the Secretary, and all other agenda items relating to the business of the Planning Board.
D. 
Attendance of meetings by Board members. All officers and members of the Town of Kinderhook Planning Board shall be required to attend each and every regular and special meeting and workshop duly scheduled according to these bylaws.
E. 
Vacancies.
(1) 
Membership. Should any vacancy occur among the members of the Planning Board by reason of the expiration of his or her term, death, resignation, disability or otherwise, the Chairman shall direct the Secretary to give immediate notice thereof or, in the event that the Secretary is unable to so notify, by the Chairman or Vice Chairman, to the Kinderhook Town Clerk, who shall forward such notice to the Town Board. The Town Board shall thereafter have the authority to appoint a new Board member to fill the unexpired term of the member so vacating the Planning Board.
(2) 
Officers. Should a vacancy occur in the position of Chairman or Secretary of the Planning Board, the Town Board has the authority to appoint a new officer to serve the unexpired term of the office in which such vacancy shall occur. If a vacancy should occur in the position of Vice Chairman, the Chairman shall appoint another member of the Board to fill the position for the remainder of the term left unexpired.
The official signature of the Planning Board shall be endorsed upon all papers and documents requiring the same by reason of the requirements of the law or the rules and regulations of the Planning Board. Such signature shall be endorsed upon such papers only pursuant to the direction of the Planning Board embodied by a resolution so directing and such papers shall be personally signed by either the Chairman (or Vice Chairman in the absence of the Chairman) or the Secretary, as the scope of their responsibilities shall permit. In form, the official signature shall be as follows:
Town of Kinderhook Planning Board
Dated:
By:
   Chairman
A. 
Amending bylaws. These bylaws may be amended at any annual meeting of the Planning Board, provided that notice of said proposed amendment is given to each member in writing at least five days prior to said meeting. Said bylaws may also be amended at any special meeting called solely for that purpose. Notice of such a special meeting shall be in writing, shall contain a precise description of the change proposed to said bylaws and shall be given to each member at least five days prior to said meeting.
B. 
Gender neutrality. The meaning of the word "he," as used in these bylaws, shall not be limited to a male description but shall be gender neutral in intent and apply equally to males and females alike.