Town of Salina, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Salina 1-14-2004 by L.L. No. 1-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Department of Planning and Development — See Ch. 43.
Fences — See Ch. 115.
Manufactured home communities — See Ch. 150.
Subdivision of land — See Ch. 210.
Zoning — See Ch. 235.
[1]
Editor's Note: This local law provided that it is enacted pursuant to authorization under Town Law § 271, and Municipal Home Rule Law § 10, and shall supersede any and all state laws, or decisions, resolutions, policies, procedures, or local laws or ordinances established or adopted by the Town Board or Town Planning Board and in particular, but without limitation, shall supersede those portions of § 271 of the Town Law to the extent stated herein. Otherwise, such provisions of Town Law § 271, including those remaining portions of subsections superseded hereby, shall be and remain in full force and effect.

§ 44-1 Intent/findings.

[Amended 12-10-2008 by L.L. No. 8-2008]
A. 
The Town Board of the Town of Salina recognizes that many present-day development, planning, zoning and subdivision matters requiring Town Planning Board review require education, expertise and detailed review. It further finds little if any benefit accruing, however, from its previous increase in the number of members from five to seven. The increased quorum requirements, the costs associated with the additional two members and a lack of substantial benefit from the larger Board warrants a reduction to a five-member Board, which form of Board served this Town for decades without difficulty.
B. 
In addition, although Town Law § 271 provides some authority for appointment of a chairperson, recording secretary and professional consultants, no specific policies have previously been established by the Town of Salina in this regard.
C. 
In order to address member illnesses, absences, conflicts of interest and the like, the Town Board may appoint up to two alternate member positions to serve not only in the case of a conflict of interest (as specifically permitted under Town Law § 271) but also to address situations where illness, incapacity or absence require that an alternate member serve.
D. 
The State of New York recognized the importance of both meeting attendance and training in its last amendment to the Planning Board statute (§ 271 of the Town Law). Accordingly, it is also the purpose of this chapter to encourage Planning Board members to attend their respective Board meetings and to obtain training and education to enhance their ability to carry out their official duties. Last, it is the intention of the Town Board that specific written policies and procedures be established and applied by the Planning Board in order to promote fairness, uniformity and economy in administration.

§ 44-2 Establishment of five-member Board; terms.

[Amended 12-10-2008 by L.L. No. 8-2008]
The Planning Board of the Town of Salina shall hereafter be comprised of five (rather than seven) members. Upon the expiration of the term of the next two members, no successors thereto shall be appointed. Thereafter, upon the expiration of a member's term, a successor shall be appointed for a term of five years.

§ 44-3 (Reserved) [1]

[1]
Editor's Note: Former § 44-3, Pending applications, was repealed 12-10-2008 by L.L. No. 8-2008.

§ 44-4 Chairperson, Recording Secretary and Attorney appointments.

[Amended 12-10-2008 by L.L. No. 8-2008]
At the first meeting of each calendar year the Planning Board shall consider (or reconsider, as the case may be) the appointment of its Attorney and Recording Secretary and may also consider, as applicable, the interim appointment or reappointment of an Acting Chairperson. Otherwise, annually at the Town Board's organizational meeting, or within 30 days thereafter, the Town Board shall appoint a Chairperson. Upon failure of the Town Board to appoint such Chairperson within 30 days of such organizational meeting, the Planning Board may designate the interim Acting Chairperson to serve for the remainder of the calendar year or until the Town Board makes such appointment, whichever date is earlier. All meetings of the Planning Board shall be held at the call of the Chairperson.

§ 44-5 Alternate members.

[Amended 12-10-2008 by L.L. No. 8-2008]
The position of alternate Planning Board member is hereby established for the purposes of substituting for any Planning Board member unable to participate because of a conflict of interest, illness, incapacity or absence. Two such alternate Planning Board members may be appointed by, and for terms not to exceed five years as established by, the Town Board by resolution. Alternate Planning Board members shall actively serve upon appointment by the Planning Board, which appointment resolution shall include a finding that the requisite absence, conflict, illness or incapacity exists and that the proposed alternate Planning Board member has expressed a willingness and ability to educate himself or herself on all proceedings prior to the date of appointment which he or she shall be required to consider.

§ 44-6 Attendance; education and training requirements.

A. 
Each member (including alternate members) of the Planning Board shall be required to attend a minimum of 75% of Planning Board meetings held within a calendar year.
B. 
Each member of the Planning Board shall complete, at a minimum, four hours of training during each calendar year, designed to enable such members to more effectively carry out their duties. If the first year of a member’s term does not include a complete calendar year, the Town Board, at the time of appointment, shall determine the number of hours of training required for such partial calendar year. Up to two hours of training received by a member in excess of four hours in any one calendar year may be carried over by the member into the succeeding year in order to meet the requirements herein. Such training shall be approved in advance by the Town Board and may include, but not be limited to, training provided by a municipality, regional, state or county planning federation, state agency, statewide municipal association or federation, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training. The cost of such seminars, workshops or continuing education courses or other types of training so designated shall be a Town charge. The Town Board, after discussion with the Chairperson of the Planning Board, shall each year designate and approve in advance such seminars, workshops, continuing education courses or other types of training which may be offered within a reasonable distance. The training required herein may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interests of the Town to do so.
C. 
No decision of a Planning Board shall be voided or declared invalid because of a failure to comply with this section.
D. 
To be eligible for reappointment to the Planning Board, a member shall have completed the training required herein and shall have attended the required percentage of meetings as provided herein. Noncompliance with either the training requirements or the attendance requirements shall be a proper cause for removal of a member.
E. 
The Town Board shall have full discretion and authority to decide whether or not to remove such member from the Planning Board for a failure to comply with the attendance or training requirements. The Town Board shall consider whatever factors it believes to be relevant in making the determination, including the reasons for the failure to obtain such training or for the absences from meetings, but the Town Board shall not be required to accept any proffered excuse or reason for nonattendance or reason for such failure or failures but shall act as it sees reasonably fit in light of the circumstances surrounding the cause or causes for removal. Removal of a member from office shall be preceded by delivery of a written notification of noncompliance, together with an offer of a public hearing on the matter.

§ 44-7 Procedures.

The Planning Board shall promulgate such specific written rules, regulations and procedures as are 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 the provisions, including any restrictions, in this chapter and to final approval by the Town Board; and same shall thereafter become effective upon filing in the Town Clerk's office.

§ 44-8 Duties.

The Planning Board is authorized with and to have and perform all duties and powers identified in Article 16 of the Town Law, including, without limitation, § 271, as it may from time to time be amended, subject to the provisions hereof.