[HISTORY: Adopted by the Town Board of the Town of Hyde Park 6-9-1956. Amendments noted where applicable.]
[Amended 8-26-1968; 7-25-1988; 11-25-2002 by L.L. No. 9-2002]
There shall be a Town Planning Board appointed by the Town Board, which shall consist of seven members to serve for successive years with their terms to commence and to end as set forth by the Town Board at the time of the appointment of such members.
Members of the Planning Board shall be required to regularly attend regular and workshop Planning Board meetings and to attend, in their first year after appointment to the Planning Board) the annual school of the New York State Planning Federation or an equivalent training program as approved by the Planning Board Chairperson.
The Town Board shall not remove a member of the Planning Board except for cause and only after public hearing before the Board. Failure to attend more than five regular and/or workshop meetings of the Planning Board in one calendar year or to comply with minimum requirements related to training for members of the Planning Board as set forth in Subsection B of this section shall constitute cause for removal. Nothing herein shall limit any other cause which may be grounds for removal.
The provisions of this section are determined to be consistent with the Town Law. In the event that any provision hereof is held to be inconsistent by any court of competent jurisdiction, this chapter shall supersede such provision of the Town Law, including but not limited to § 271, Subdivision 9 of the Town Law.
Upon failure of this Board to appoint a Chairman, the members of the Planning Board are to elect a Chairman.
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 for such Board.
The Planning Board may adopt rules and regulations in respect to procedures before it and in respect to any subject matter over which it has jurisdiction under this chapter or any statute after public hearing by such Board and subject to the approval of this Board.
The Planning Board shall hear and exercise the following powers and duties:
To prepare and change a land use map for the development of the entire area of the Town of Hyde Park and to make investigations and reports relative 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.
To approve all plats showing any streets or highways within the Town of Hyde Park.
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.
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 Town and highway laws.
The Planning Board shall also exercise all other powers conferred upon it by the provisions of the Town Law and shall pass upon all matters which may be referred to it from time to time by resolution of the Town Board. It shall conduct hearings and perform its duties in accordance with such procedure as provided in §§ 272 through 281, inclusive, of the Town Law and acts amendatory thereof.
The Town Clerk of the Town of Hyde Park shall file with the Clerk of the County of Dutchess a certificate, certifying that the Planning Board of the Town of Hyde Park has been authorized to approve plats showing new streets or highways in accordance with the provisions of § 276, as amended, of the Town Law.
The Town Planning Board of the Town of Hyde Park, is hereby authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, within that part of the Town outside the limits of any incorporated city or village, and the Town Clerk is hereby instructed to immediately file a certificate of the passage of this chapter with the Clerk of the County of Dutchess, New York.
[Added 8-6-2011 by L.L. No. 5-2012]
Alternate members of the Planning Board may be appointed by the Town Board and designated by the Chairman of the Planning Board in accordance with the provisions of this section when a regular member of the Planning Board is unable to participate on an application or matter before the respective board as set forth herein.
The Town Board shall appoint two alternate members to the Planning Board who shall serve for a term of two years. One alternate member shall be designated as the "first alternate Planning Board member," and the other alternate member shall be designated as the "second alternate Planning Board member." No more than two alternate members may serve at any time on the Planning Board. The term of any alternate member shall cease on December 31 in the year after the initial appointment of that member regardless of whether he or she has served a full 24 months.
The Chairperson of the Planning Board may designate the first alternate Planning Board member to substitute for a member of the Planning Board when such member is unable to participate on an application or matter before the Board due to conflict of interest or other ethical consideration which results in a recusal of that Board member from acting on the particular application before the Board. If the first alternate Planning Board member is unable or unwilling to act, the Chairperson shall designate the second alternate member to act. When designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. The appointed alternate member shall participate as a member of the Planning Board with respect to the particular application only until final action has been taken on the particular application.
All provisions of state and local laws relating to Planning Board eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of New York State Town Law or a local law or ordinance relating to training, continuing education, compensation and attendance shall apply to alternate members.