Town of East Fishkill, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of East Fishkill 8-8-1974 as Ch. 19 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 163.
Zoning — See Ch. 194.

§ 33-1 Employment of experts and staff; other expenses.

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 hereinafter made for such Board.

§ 33-2 Adoption of rules and regulations.

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 this Board.

§ 33-3 General powers and duties.

[Amended 6-24-1993 by L.L. No. 2-1993[1]]
A. 
The Planning Board shall exercise all powers conferred upon it by the provisions of the Town Law and Highway Law and shall pass upon all matters which may be referred to it from time to time by resolution of the Town Board.[2]
[2]:
Editor's Note: By resolution 1-11-1973 the Planning Board was also given the power to approve preliminary plats in the Town of East Fishkill. Said resolution read, in part, as follows:
"WHEREAS, because of an amendment to Section 276 of Town Law, effective January 2, 1973, the Town of East Fishkill Planning Board requires specific authority to approve preliminary plats within that part of the Town outside any incorporated city or village; and
"WHEREAS giving the Planning Board an option to require a subdivider to submit a preliminary plat is desirable for protection of the public interest in land subdivision; now therefore be it;
"RESOLVED that the Town of East Fishkill Planning Board shall have the power to approve preliminary plats within the Town of East Fishkill outside the limits of any incorporated city or village in accordance with the requirements of Sections 276, 277, and 278, Article 16 of the Town Law as amended; and be it further;
"RESOLVED that this authority supplements the authority to approve plats granted the Planning Board by Resolution 24th of March 1958; and be it further;
"RESOLVED that the Town Clerk shall file with the Clerk of the County of Dutchess a certificate, certifying that said Planning Board has been authorized to review and approve preliminary plats as well as final plats. It shall conduct hearings and perform its duties in accordance with such procedures as provided in Article 16 of the Town Law and acts amendatory thereto, and in accordance with the laws, rules and regulations of the Town of East Fishkill.
B. 
Training requirements.
(1) 
Within the first two years after initial appointment, a Planning Board member shall attend a training program at an appropriate level relating to the duties of Planning Board members, approved in the manner herein provided.
(2) 
All other Planning Board members shall attend training programs at an appropriate level during their term of office, approved in the manner herein provided.
(3) 
After discussion and consultation with the Planning Board Chair, the Town Board shall establish, by resolution, a list of approved programs and the required minimum hours of attendance, to satisfy the requirements of Subsection B(1) and (2). The Town Board may, from time to time, modify and amend the list of approved programs by resolution, after discussion and consultation with the Planning Board Chair.
(4) 
The Town Board shall chose programs which relate to the duties of Planning Board members. These may include courses, workshops or training programs sponsored by groups such as the New York State Association of Towns, the New York State Department of State or certified training providers, the New York State Department of Environmental Conservation, the Dutchess County Planning Federation, the Westchester County Planning Federation, the New York State Planning Federation, or other appropriate entities.
(5) 
All training provided pursuant to this section shall be at Town expense.
(6) 
By December 31 of each year, members of the Planning Board shall file with the Town Clerk proof of attendance at any training programs required by this section.
(7) 
Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office. A Planning Board member who fails to attend the programs as provided in this section and specified pursuant to the resolutions promulgated thereunder, shall be subject to removal following the procedures set forth in Town Law § 271.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 33-4 Filing of certificate of authority to approve plats.

The Town Clerk of the Town of East Fishkill shall file with the Clerk of the County of Dutchess a certificate certifying that the Planning Board of the Town of East Fishkill has been authorized to approve plats showing new streets or highways in accordance with the provisions of § 276, as amended, of the Town Law.

§ 33-5 Term of office.

[Added 12-10-1992 by L.L. No. 8-1992; amended 6-24-1993 by L.L. No. 3-1993]
The Town Board shall appoint each of the seven members of the Planning Board for a term of four years. All appointments made after the effective date of this section shall be for a four-year term, except as follows:
A. 
Planning Board members in office on the effective date of this section shall continue to hold office until the expiration of their current term, unless removed for cause after public hearing as provided by law.
B. 
If a vacancy shall occur otherwise than by expiration of term, the Town Board shall fill such vacancy by an appointment for the unexpired term remaining. If such a vacancy occurs during the term of a person holding office on the effective date of this section, such remaining term may be longer than four years.

§ 33-6 Appointment and designation of alternate voting members.

[Added 2-26-2004 by L.L. No. 3-2004]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALTERNATE VOTING MEMBER
An individual appointed by the Town Board to serve as a Planning Board member, with respect to one or more particular applications or matters, upon the designation of the Chair or Acting Chair of the Planning Board, when a regular Planning Board member is unable to participate or vote on an application or matter before the Board because such regular Planning Board member has determined that recusal is appropriate based upon a conflict of interest or to avoid even an appearance of impropriety; or is absent from a meeting, whether by reason of illness, vacation, seasonal or temporary relocation, work assignment, or other cause.
[Amended 2-26-2004 by L.L. No. 5-2004]
PLANNING BOARD or BOARD
The Planning Board of the Town of East Fishkill as established by the Town Board, pursuant to the provisions of § 271 of the Town Law.
REGULAR PLANNING BOARD MEMBER or PLANNING BOARD MEMBER
An individual appointed by the Town Board to serve on the Planning Board pursuant to the provisions of § 271 of the Town Law and § 33-5 of the Town of East Fishkill Code.
B. 
The Town Board may appoint one or more alternate voting members of the Planning Board. Each such alternate voting member shall serve for a term of four years.
C. 
All provisions of New York State law relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office, and service on other boards, and any provisions of any local laws relating to training, continuing education, compensation and attendance, shall also apply to alternate voting members. Upon appointing an alternate voting member, the Town Board shall review the background of any appointee and may, in its discretion, require that such appointee complete specified training prior to any designation to serve as an alternate voting member, or within a specified time thereafter.
D. 
The Planning Board Chair, or acting Chair, shall designate an alternate voting member to serve in the place of a regular Planning Board member in the following circumstances, and for the following periods:
[Amended 2-26-2004 by L.L. No. 5-2004]
(1) 
When a regular Planning Board member has recused himself with respect to a matter, constituting one or more particular applications before the Board, the Planning Board Chair, or acting Chair, shall designate an alternate voting member to serve in such regular member's place throughout the entire remaining period of the Planning Board's review, consideration, and voting, until the matter is concluded.
(2) 
When a regular Planning Board member is absent from a meeting, whether by reason of illness, vacation, seasonal or temporary relocation, work assignment, or other cause, the Planning Board Chair, or acting Chair, shall designate an alternate voting member to serve in the place of such regular Planning Board member until the regular Planning Board member returns to service on the Board.
E. 
The Planning Board Chair or Acting Chair shall designate alternate voting members to serve as needed. In situations where there is more than one eligible alternate voting member, the designation shall take place by lot. At the time of designation of an alternate voting member, the Chair, or acting Chair, shall specify the name of any application or matter for which the designated alternate voting member will serve. The Clerk of the Planning Board shall enter the designation of any alternate voting member or members into the minutes of the meeting at which the designation is made. Where an alternate voting member is designated to serve in the event of an absence under Subsection D(2), the Chair, or Acting Chair, may simply state that the alternate voting member is designated to sit on all matters on the agenda for the meeting, rather than naming each matter individually.
[Amended 2-26-2004 by L.L. No. 5-2004]
F. 
Upon appointment by the Town Board, any alternate voting member shall attend the regular and special Planning Board meetings, on the same basis as regular members, but shall participate in discussion, deliberation and voting on the Planning Board only upon being designated by the Planning Board Chair or Acting Chair to serve, as set forth in Subsection E. Upon designation by the Chair or Acting Chair, the alternate voting member shall possess all the powers and responsibilities of a regular Planning Board member for the period of time for which such alternate voting member serves, with respect to any application or matter for which such alternate voting member has been designated.
G. 
Prior to deliberating or voting on a matter wherein the alternate voting member has not been present for all of the Planning Board meetings or hearings relating to such matter, the alternate voting member shall become familiar with the Planning Board's records relating to same, including the application, the environmental documents, and any other documents in the Planning Board files, such as minutes of meetings and hearings. Prior to voting on any such matter or application, the alternative voting member shall set forth on the record the manner in which such member has become familiar with the record before the Board.
H. 
This section shall not be deemed to require the appointment of alternate voting members by the Town Board, nor shall it be deemed to impair or restrict the authority of the Town Board to remove members of the Planning Board for cause.
I. 
It is the intention of this section that Planning Board members will recuse themselves at the earliest possible time when a conflict of interest or appearance of impropriety has arisen, and that the Planning Board Chair or Acting Chair will thereupon immediately notify the Town Board and designate an alternate voting member at the earliest possible time after a recusal has taken place. However, in the case of any pending applications or matters, where Planning Board members have already made recusals, and it has not previously been possible to designate alternative voting members because this section was not yet enacted, the Planning Board Chair, or Acting Chair, shall designate the alternative Planning Board member or members at the earliest possible time, so that the Planning Board will be able to conduct its business with a full complement of members on all pending matters and applications.