Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 12-20-2012 by L.L. No. 7-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Certification of Planning Board and Board of Appeals members — See Ch. 42.
Planning Department — See Ch. 43.
Building construction administration — See Ch. 109.
Site plan review — See Ch. 246.
Subdivision of land — See Ch. 254.
Zoning — See Ch. 290.

§ 41-1 Title.

This chapter shall be cited as the "Establishment, organization and powers of the Town of Clarkstown Planning Board."

§ 41-2 Legislative intent.

In order to continue to foster and promote the health, safety and welfare of the residents of the Town of Clarkstown, the Town Board does hereby codify the existing Planning Board consistent with Town Law of the State of New York. The Planning Board already established shall continue to function through the provisions of this chapter, the members thereby shall continue in office until their respective terms expire.

§ 41-3 Establishment.

A. 
In 1946, the Town Board, by resolution, appointed a Planning Board consisting of five members.
B. 
In 1964, the Town Board, by resolution, pursuant to § 271 of Town Law, appointed a new Planning Board consisting of five members, of which one was appointed Chair by the Town Board.
C. 
In 1974, the Town Board, by Resolution No. 1974-21, pursuant to § 271 of Town Law of the State of New York, established a Planning Board consisting of seven members, of which one shall be appointed Chair by the Town Board. The Planning Board membership in its present constitution shall continue its term of office previously approved by the Town Board unaffected by the adoption of this chapter.

§ 41-4 Organization.

A. 
Each member shall serve a term of seven years.
B. 
Consistent with Town Law § 271(1), the Town board shall appoint the members of such board by resolution and shall designate the Chair thereof. The term of office for the Chair shall be for one year.
C. 
The Planning Board shall on its own motion select its Vice Chair from its membership at the first meeting of the new year, as has been done since 1964.

§ 41-5 Powers, duties and responsibilities.

A. 
The Chair of the Planning Board shall establish the agenda for and call the meetings of the Planning Board and shall be authorized to sign site plans, subdivision plats and special permits on behalf of the Planning Board after final approval is granted by the Planning Board.
B. 
In the absence or inability of the Chair of the Planning Board, the Vice Chair shall assume all of the responsibilities and duties of the Chair.
C. 
The Chair shall also have other and further duties as provided under Town Law § 271(10).
D. 
In addition to those responsibilities and duties granted to the Planning Board pursuant to other Town Code sections, including but not limited to Chapter 151 (Hamlet Center Overlay Districts),[1] Chapter 246 (Site Plan Review), Chapter 249 (Special Permits), Chapter 251 (Wireless Telecommunications Facilities), Chapter 254 (Subdivision of Land), Chapter 270 (Tree Preservation) and Chapter 290 (Zoning), the Planning Board shall also have the authority to make recommendations from time to time to the Town Board on any planning-related matter it deems relevant or it is referred to by the Town Board.
[1]
Editor's Note: See now § 290-7.2, Hamlet Center Overlay Districts.
E. 
Procedures. The Planning Board shall determine its own rules of conduct and procedures consistent with applicable provisions of the Town Law of the State of New York and this chapter.
F. 
The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Town Board for the Planning Board. The Planning Board may also require the applicant to establish an escrow account to pay for said services.

§ 41-6 Planning Board Secretary.

A. 
The duties of the Secretary of the Planning Board shall be as follows:
(1) 
Indexing and keeping accurate records of all applications or referrals to the Planning Board.
(2) 
Processing of applications or referrals to the Planning Board.
(3) 
Taking minutes of Planning Board meetings.
(4) 
Any other duties as directed by the Planning Board Chair.
B. 
The Secretary of the Planning Board shall be chosen by the Planning Board and serve at the pleasure of said Board.
C. 
The Chair of the Planning Board shall exercise supervision of the Secretary of the Planning Board.