[HISTORY: Adopted by the Town Board of the Town of Clarkstown 12-20-2012 by L.L. No.
7-2012. Amendments noted where applicable.]
This chapter shall be cited as the "Establishment, organization
and powers of the Town of Clarkstown Planning Board."
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.
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.
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.
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.
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.
