[HISTORY: Adopted by the Town Board of the Town of Marbletown 10-10-1962.
Amendments noted where applicable.]
There shall be a Town Planning Board appointed by the Town Board, which
Board shall consist of one member to serve one year; one member two years;
one member three years; one member four years; one member five years; one
member six years; and one member seven years. Their successors shall be appointed
for seven years.
Upon failure of the Town 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 procedure
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 the Town Board.
A.
The Planning Board shall hear and exercise the powers
and duties as follows:
(1)
To prepare and change a master plan for the development
of the entire area of the Town of Marbletown, to make investigations and reports
relating 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.
(2)
To approve all plats showing any streets or highways
within the Town.
(3)
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.
(4)
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.
(5)
Simultaneously with the approval of any such plat, to
confirm and make changes in the zoning regulations applicable to the land,
included in any such plat in accordance with the provisions of § 281
of the Town Law and amendments thereto.
(6)
To approve plats showing lots, blocks, or sites, with
or without streets or highways, to approve preliminary plats, and to approve
the development of plats already filed in the office of the Ulster County
Clerk if such plats are entirely or partially undeveloped.
[Added 5-12-1976]
B.
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 Marbletown shall file with the Clerk of
the County of Ulster a certificate, certifying that the Planning Board of
the Town of Marbletown has been authorized to approve plats showing new streets
or highways in accordance with the provisions of § 276, as amended,
of the Town Law.
[Added 11-16-2004 by L.L. No. 4-2004]
A.
Pursuant to Municipal Home Rule Law § 10(1)(ii)(a),
the provisions of § 271 of the Town Law are hereby superseded to
provide that the Town of Marbletown is authorized to establish alternate Planning
Board member positions for the purpose of substituting for a member in the
event such member is unable to participate because of a conflict of interest,
or because of illness or absence for any reason of a member. The alternate
members of the Planning Board shall be appointed by resolution of the Town
Board, for terms established by the Town Board.
B.
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,
or for absence or illness of a member. When so designated, the alternate member
shall possess all of the powers and responsibilities of such member of the
Board. Such designation shall be entered into the minutes of the Planning
Board meeting at which the substitution is made.
