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 7-2-1975 by L.L. No. 4-1975 (Ch. 16 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Historic Review Board — See Ch. 25.
Planning Board — See Ch. 41.
Certification of Planning Board and Board of Appeals members — See Ch. 42.
Building construction administration — See Ch. 109.
Zoning — See Ch. 290.
Board of Appeals rules — See Ch. A295.
[1]
Editor's Note: The title of this chapter was changed from "Planning and Development Department" to "Planning Department" 12-20-2012 by L.L. No. 7-2012.

§ 43-1 Title.

[Amended 12-20-2012 by L.L. No. 7-2012]
This chapter shall be cited as the "Department of Planning of the Town of Clarkstown."

§ 43-2 Legislative intent.

A. 
The planning functions of the Town of Clarkstown are exercised in four major areas:
(1) 
Comprehensive planning on a Town-wide basis, including periodic revision of the Town Comprehensive Plan and preparation of sub-area plans in response to specific studies and needs.
[Amended 12-20-2012 by L.L. No. 7-2012]
(2) 
Technical review of site plans, subdivision applications, special permit applications, proposed amendments to the Zoning Ordinance[1] and Official Map, applications to the Zoning Board of Appeals and other planning matters submitted for decision to the agencies and boards of the Town of Clarkstown.
[1]
Editor's Note: See Ch. 290, Zoning.
(3) 
Planning coordination with federal, state, county and Town agencies whose actions affect the planning and development of the Town of Clarkstown.
(4) 
Analysis of federal and state programs available to the Town for planning and development purposes and the processing of applications to take part in said programs.
[Amended 12-20-2012 by L.L. No. 7-2012]
B. 
The Town Board of the Town of Clarkstown believes that these four functions can best be performed and coordinated by establishing a planning department.
[Amended 12-20-2012 by L.L. No. 7-2012]

§ 43-3 Creation of Department; functions.

A. 
In order to carry out the intent of this chapter, there is hereby created, pursuant to the Municipal Home Rule Law of the State of New York, a Department of Planning, hereinafter referred to as the "Department."
[Amended 12-20-2012 by L.L. No. 7-2012]
B. 
The Department shall carry out the staff planning functions, including but not limited to the following duties:
(1) 
Together with the Technical Advisory Committee (described below), evaluation of the technical adequacy of applications made to the Planning Board of the Town of Clarkstown.
[Amended 12-20-2012 by L.L. No. 7-2012]
(2) 
Planning evaluation of all applications made to the Planning Board as well as those referred by the Town Board or Zoning Board of Appeals of the Town of Clarkstown.
[Amended 12-20-2012 by L.L. No. 7-2012]
(3) 
Evaluation of the planning implications of a particular application upon the entire Town.
(4) 
Preparation of planning studies, maps, geographic analyses and illustrative materials for the Town agencies involved in the planning function of the Town.
[Amended 12-20-2012 by L.L. No. 7-2012]
(5) 
Provision of professional assistance to the Town of Clarkstown (e.g., Town Board, Planning Board or Special Board) in the preparation and/or periodic revision of the Town's Comprehensive Plan.
[Amended 12-20-2012 by L.L. No. 7-2012]
(6) 
Appearances before federal, state and county agencies in support of or in opposition to programs and decisions by these bodies which affect the planning and development of the Town of Clarkstown.
(7) 
Analysis of federal and state programs for the preparation of applications for grants-in-aid to or participation in said programs by the Town of Clarkstown.
[Amended 12-20-2012 by L.L. No. 7-2012]

§ 43-4 Planning Director; appointment; term.

[Amended 12-20-2012 by L.L. No. 7-2012]
The Principal Planner shall be known as the "Director of Planning," hereinafter also referred to as the "Planning Director."

§ 43-5 Functions and authority of Director.

The Planning Director shall be the administrative head of the Department. He shall be responsible to the Town Board of the Town of Clarkstown and the Supervisor and shall exercise the functions and authority hereinafter specified:
A. 
The planning, organization, direction and review of administrative procedures necessary for the operation of the Department and the adoption of rules and regulations governing the procedures of the Department, with the approval of the Town Board.
B. 
The exercise of all powers necessary to perform the duties and functions of the Department as set forth in this chapter.
C. 
The exercise of all powers and the performance of such other and related duties as shall be required or delegated to him by the Supervisor, Town Board or any applicable state and local laws, ordinances, regulations or resolutions.
D. 
Informing the Supervisor and appropriate enforcement officers whenever the Planning Director has information from a Town department or any other source that an approved site plan, subdivision or special permit is not being maintained, developed or operated as required by the terms of the approval or law.
[Amended 12-20-2012 by L.L. No. 7-2012]
E. 
The supervision of Planning Department staff and any other planners in the Department.
[Amended 12-20-2012 by L.L. No. 7-2012]
F. 
Informing the Supervisor and appropriate enforcement officers whenever the Planning Director has information from a Town department or any other source that an approved site plan, subdivision or special permit is not being maintained, developed or operated as required by the terms of the approval or law.

§ 43-6 Department personnel.

[Amended 12-20-2012 by L.L. No. 7-2012]
The Planning Board office, with its present existing functions related to the Planning Board, is hereby transferred in its entirety, including all employees, property, equipment and budgetary appropriations, to the Department of Planning. All employees shall retain their same classifications, pensions and retirement rights and privileges as they had immediately prior to such transfer; provided, however, that nothing herein contained shall be construed to deprive the Town Board of any power it now has with respect to any such employees in the Town of Clarkstown. Each and every employee's civil service status shall not be jeopardized by any rewording and/or change brought about by this chapter.

§ 43-7 Technical Advisory Committee.

[Amended 9-11-1991 by L.L. No. 6-1991; 12-20-2012 by L.L. No. 7-2012]
A. 
The Technical Advisory Committee (TAC) shall consist of the Director of Planning and designees from the following departments: Environmental Control, Building, and Town Attorney. The Planning Director shall serve as Chairman of the Technical Advisory Committee and designate staff to record minutes of all meetings. In the absence of the Planning Director, the Director shall designate a member of TAC to serve as Chairman.
B. 
The Technical Advisory Committee shall evaluate the technical adequacy of all site plan, subdivisions and Planning Board special permit applications or any other matters which may be referred by the Town Board from time to time. After its review, the TAC shall notify the applicant and the appropriate agency, board, commission or department, on a form prepared by the Department, that the application does conform to applicable rules, regulations, laws and ordinances and that the items shall be agendaed by the appropriate agency. In the event that the application does not so conform, the TAC shall notify the applicant and the appropriate agency, board or department of the nonconformance.
C. 
The TAC shall not have the ability to approve, approve with conditions or disapprove Planning Board applications, which are the exclusive powers of the Planning Board. The TAC shall not have the authority to add, remove or otherwise change conditions established by the Planning Board as a part of an approval nor shall it modify a site plan or subdivision plat approved by the Planning Board. The TAC shall also review subdivisions, site plans and Planning Board special permits after final approval by the Planning Board to confirm whether conditions imposed have been satisfied prior to the Planning Board Chairman's endorsement.

§ 43-8 Procedure and action by Department.

[Amended 12-20-2012 by L.L. No. 7-2012]
A. 
All applications and referrals to the Planning Board for site plans, subdivisions, and special permits (excluding any such permits required by law or ordinance to be granted or approved by the Town Board and/or the Zoning Board of Appeals) shall be filed with the Secretary of the Planning Board.
B. 
All applications shall be attached to a form prepared by the Department, and such applications shall comply with requirements of all other agencies, boards, commissions and departments. In the event that said application is incomplete or erroneous, the application shall be returned to the applicant for correction.

§ 43-9 Conflicts with other laws.

Nothing contained in this chapter shall be construed as authorizing the Department to supersede, abrogate or otherwise affect the statutory authority granted by the Town Law or other laws of the State of New York to any board or commission.