[Added 4-13-1999 by L.L. No. 5-1999]
[Amended 5-8-2007 by L.L. No. 6-2007; 10-8-2013 by L.L. No.
2-2013]
A.
The existing Planning Board of seven members is hereby continued.
Their successors shall be appointed in accordance with the provisions
of the Town Law. The Town Board shall designate the Chairperson from
the Planning Board's membership.
B.
In addition to any and all other qualifications for holding office
as a member of the Zoning Board of Appeals and the Planning Board,
all members of said Boards must attend no less than four hours of
training classes offered either by the Rockland Municipal Planning
Federation, New York State Planning Federation, Orange County Planning
Federation, Pace Law School Zoning School or other course approved
by the Town Board within one year from the effective date hereof,
and complete such classes within two years from the effective date
hereof; or receive similar instruction as are provided by the Town's
legal counsel or a Planner certified by the American Institute of
Certified Planners (AICP) and receive such similar certification within
the same time period. Members appointed after the effective date of
this section shall be required to attend not less than four hours
of such classes within one year from the date of such appointment,
and receive certification within two years from the date of such appointment.
Recertification of all members shall be required each year thereafter
from the date of initial certification. Training received in excess
of four hours in any one year may be carried over by the member into
succeeding years. The training required by this subsection may be
waived or modified by resolution of the Town Board when, in the judgment
of the Town Board, it is in the best interest of the Town to do so.
No decision of the Planning Board shall be voided or declared invalid
because of a failure to comply with this requirement for training.
C.
Alternate members.
(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.
Alternate members of the Planning Board shall be appointed by resolution
of the Town Board. Such alternate members shall serve for a term of
five years.
(2)
The Chairperson of the Planning Board may designate an alternate
member to substitute for a member when such member is unable to participate
because of a conflict of interest on 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.
The Planning Board shall be empowered to:
F.
Recommend on its own motion, or by referral from the
Town Board, matters relating to proposed amendments to this Zoning
Law.
G.
Prepare and change the Comprehensive Plan of the Town.
H.
Make investigations, maps and reports and recommendations
in connection therewith relating to the planning and development of
the Town.
I.
Make recommendations to the Board of Appeals in connection
with applications before it which may require action by the Board
of Appeals.
J.
Take such other action as may be authorized by this
Zoning Law.
A.
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 and other applicable
provisions of state and local law.
B.
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.
C.
Any person making an application for relief to the
Planning Board shall be deemed to have granted to the Planning Board,
its members, consultants, and other persons acting on behalf of the
Planning Board, a license to enter the property for which relief is
sought, which license shall continue until such time as relief is
granted or denied by the Planning Board or until the Planning Board
receives notice that the applicant has withdrawn such application.
Any person aggrieved by any decision of the
Planning Board may within 30 days of the filing of the decision with
the office of the Town Clerk, appeal pursuant to Article 78 of the
civil Practice Law and Rules.
[Added 10-8-2013 by L.L. No. 2-2013]
A.
Prior to conducting a public hearing on a site plan or subdivision
application for a property located within 500 feet of an adjacent
municipality, the Planning Board shall provide to the Clerk of that
adjacent municipality, by mail or electronic transmission, notice
of the public hearing no later than 10 days prior to any such hearing.
