[Added 4-10-2018 by L.L.
No. 3-2018]
1.
The Planning Board, having been established by the Town Board on or about September 19, 1948, and as further empowered pursuant to Chapter 21 of the Town Code, is hereby empowered to continue to act in its current form in accordance with Town Law § 271, pursuant to which this article is hereby adopted.
2.
The Planning Board shall consist of seven members. Each member shall
be appointed by resolution of the Town Board to serve a seven-year
term. All current appointments and terms shall remain in full force
and effect. If a vacancy on the Planning Board shall occur otherwise
than by expiration of term, it shall be filled by the Town Board by
appointment for the unexpired term. The members of the Planning Board
shall receive such compensation as shall be fixed by resolution of
the Town Board.
The Town Board shall designate by resolution the Chairperson
from among the Planning Board's membership. The term of office for
the Chairperson shall be for one year. The Planning Board shall on
its own motion select the Vice Chairperson from its membership at
its first meeting of the new year, or as soon thereafter as possible.
1.
There shall be one alternate Planning Board member position for purposes
of substituting for a member in the event that such member is unable
to participate because of a conflict of interest or absence. The alternate
member of the Planning Board shall be appointed by resolution of the
Town Board. Such alternate member shall serve for a term of one year.
2.
The Chairperson of the Planning Board may designate the alternate
member to substitute for a member when such member is unable to participate
because of a conflict of interest or when a regular member shall otherwise
be unable or unavailable to review, hear and determine an application
or matter before the Board; provided, however, that no such alternate
member shall be eligible to serve as Chairperson of such Board. When
so designated, the alternate member shall possess all the powers and
responsibilities of such member of the Board. Such designation shall
be entered into the minutes of the initial Planning Board meeting
at which the substitution is made.
3.
All provisions of this section relating to Planning Board member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal and service
on other boards shall also apply to an alternate member.
The training and attendance requirements as set fo1ih in Town
Law § 271-7-a through 7-d shall be applicable to all Planning
Board members. In addition, the following attendance requirements
shall be applicable:
1.
Members of the Planning Board shall be required to attend 75% of
all regularly scheduled meetings and special meetings that are conducted
in each calendar year.
2.
In the event that a member does not attend 75% of all the regularly
scheduled meetings and special meetings set forth in Subsection A
hereinabove, the Town Board shall have the full discretion and authority
to decide whether or not to remove a member from the Planning Board.
The Town Board shall consider whatever factors it believes to be relevant
in making this determination, including the reasons for the absences,
but the Town Board shall not be required to accept any excuse or reason
for nonattendance, as it sees fit. The Town Board shall not be required
to hold a public hearing prior to taking any action to remove a member.
1.
The Planning Board is empowered to:
(4)
Review proposed amendments to the Town Zoning Code upon refe1nl
from the Town Board.
(5)
Make investigations, maps and reports and recommendations in
connection therewith relating to the planning and development of the
Town upon referral from the Town Board.
(6)
Provide for review of informal applications and/or consultations
upon referral from the Office of Building, Zoning, Planning, Administration
and Enforcement.
(7)
Take any such other action as may be authorized by the Zoning
Law, Town Code, or New York State Town Law and all other provisions
of state and local law.
2.
The Planning Board shall determine its own rules of procedure and
conduct consistent with applicable provisions of the Town Law of the
State of New York, this Zoning Law, the Town Code and other applicable
provisions of state and local law.
3.
Any person making an application for relief to the Planning Board
who, by agreement with the Planning Board or by unilateral action,
waives or otherwise extends any period of time established by law
for action of any kind by the Planning Board shall also be deemed
to waive any claim relating to the expiration of such period of time
and shall be estopped from asserting a claim against the Town, its
boards, officers, agents, consultants or employees, and the Town,
its boards, officers, agents, consultants and employees may raise
such waiver as an absolute defense or counterclaim in any such action
or proceeding.
Any person aggrieved by any decision or determination of the
Planning Board may appeal pursuant to Article 78 of the New York Civil
Practice Law and Rules. Said appeal must be instituted within 30 days
of the filing of the decision with the office of the Town Clerk.
