[HISTORY: Adopted by the Town Board of the Town of Chatham as indicated in chapter histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code Enforcement Officer — See Ch. 130.
Mobile homes — See Ch. 151.
Subdivision of land — See Ch. 170.
Zoning — See Ch. 180.
[Adopted 1-3-1968]
There shall be a board for the Town of Chatham, Columbia County, New York, to be known as the "Town of Chatham Planning Board," consisting of seven members appointed according to the requirements of Article 16 of the Town Law, the initial members of which shall be appointed for terms as follows: one member for a term of one year, one member for a term of two years, one member for a term of three years, one member for a term of four years, one member for a term of five years, one member for a term of six years and one member for a term of seven years. One of said members shall be appointed Chairman.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Said Planning Board is hereby authorized and empowered to:
A. 
Approve plats showing lots, blocks or sites, with or without streets or highways, and to conditionally approve preliminary plats within that part of said town outside the limits of any incorporated city or village.
B. 
Pass and approve the development of plats already filed in the office of the clerk of said county, if such plats are entirely or partially undeveloped.
Said Planning Board is authorized and empowered to approve or disapprove:
A. 
Changes in the lines of existing streets, highways or public areas shown on subdivision plats or maps filed in the office of the clerk of said county.
B. 
The laying out, closing off or abandonment of streets, highways or public areas under the provisions of the Town and Highway Laws, within that part of said town outside the limits of any incorporated city or village.
Pursuant to § 281 of Article 16 of the Town Law,[1] said Planning Board is hereby authorized simultaneously with the approval of any plat within that part of said town outside the limits of any incorporated city or village to modify the provisions of Chapter 180, Zoning, of the Code of the Town of Chatham.
[1]
Editor's Note: Former § 281 of the Town Law was redesignated as § 278 by L.1992, c. 727, effective 7-1-1993.
[Adopted 4-3-1997 by L.L. No. 3-1997]
A. 
The officers shall be a Chairperson and a Vice Chairperson.
B. 
The officers of the Board shall be appointed from among the members by the Town Board. The officers shall serve for one calendar year, after which the Town Board shall appoint such officers at the annual Town Board organization meeting. In the event of death or resignation of any officer, a successor shall be appointed by the Town Board as soon as possible.
C. 
The Chairperson shall supervise the affairs of the Planning Board, shall preside at all meetings of the Board and shall appoint such committees and subcommittees, of such size as may be necessary, to carry out the purposes of the Planning Board. The Chairperson shall be an ex officio member of all committees and subcommittees so appointed.
D. 
The Vice Chairperson shall perform such duties as may be delegated by the Chairperson. In the absence or disability of the Chairperson, the Vice Chairperson shall perform the duties and exercise all the powers of the Chairperson.
E. 
Secretary.
(1) 
There shall be a Secretary to the Planning Board. The Town Board shall approve the appointment of the Secretary, upon recommendation of the Planning Board.
(2) 
The Secretary shall record and maintain permanent minutes of the meetings of the Planning Board, which minutes shall be a public record; shall keep a record of attendance of members at such meetings; shall inform applicants in writing of the Board's decisions; and shall perform such other duties as shall be delegated by the Chairperson. A draft of the minutes shall be provided to the Town Clerk and the Chairperson within two weeks of the Board meeting. After minutes are approved by the Board at the next monthly meeting, final copies will be provided to the Town Clerk and the Town Board.
(3) 
In the absence of the Secretary, the Board shall select a temporary Secretary to perform the duties of Secretary.
F. 
The seven members of the Board are appointed by the Town Board for a seven-year term. Members appointed to fill a vacancy, however, shall be appointed only for the unexpired term. All members shall become familiar with the general governing rules in § 156-9 herein and any other references referred by the Chairperson concerning specific issues under discussion.
(1) 
Attendance. All members shall attend at least 75% of all scheduled meetings each year.
(2) 
Site visits. All members will make every effort to take part in site visits when necessary as dictated by deliberations during meetings.
A. 
Regular meetings shall be held on the second Tuesday of each month at 7:30 p.m. in the Town Hall at Chatham Center on Route 28, unless such day shall be a recognized holiday. Alternate dates for holidays will be agreed to by a majority vote of the members present at least one month in advance of the change of date.
B. 
Special meetings may be called by the Chairperson, or by any four members, on five days' written notice to all members.
A. 
A quorum shall be required to conduct business at any regular or special meeting and shall consist of at least four members of the Board. No hearing or meeting of the Board shall be held, nor any action taken, in the absence of a quorum; however, those members present shall be entitled to request the Chairperson to call a special meeting for a subsequent date. All subsequent hearings shall be re-advertised in accordance with the requirements of the applicable law.
B. 
All members shall have equal voting rights.
C. 
All matters shall be decided by a roll-call vote. A concurring vote of four of the members present shall be required to act on any matter before the Board. A tie vote or favorable vote by a lesser number than the required majority shall be considered a rejection of the application under consideration.
D. 
Conflict of interest.
(1) 
No member of the Board shall sit in hearing or vote on any matter in which he or she is personally or financially interested. Said member shall not be counted by the Board in establishing the quorum for such matter.
(2) 
If a member has a question concerning the appropriateness of his or her participation in a hearing or vote, after discussion with the Chairperson the matter may be referred to the Town Attorney or Ethics Committee for advice. This referral should occur prior to the meeting to avoid a delay for the applicant.
The order of business of meetings of the Planning Board shall be:
A. 
Roll call.
B. 
Reading and approval of minutes of previous meeting.
C. 
Communications.
D. 
Reports of committees.
E. 
Unfinished business.
(1) 
Public hearing of previously discussed subdivisions.
(2) 
Other previously discussed subdivisions, site plans, etc.
F. 
New business.
(1) 
Public hearing of site plans.
(2) 
Sketch plans, new subdivisions, etc.
(3) 
Zoning Board of Appeals request for comment.
(4) 
Miscellaneous business.
G. 
Adjournment.
A. 
The following references shall be utilized to conduct the Planning Board's reviews:
(1) 
Subdivisions: Chapter 170, Subdivision of Land, of the Code of the Town of Chatham, as approved 12-30-1968.
(2) 
Site plans: Chapter 180, Zoning, of the Code of the Town of Chatham, approved July 2, 1972. (See § 180-17.)
(3) 
Miscellaneous.
(a) 
Chapter 180, Zoning, of the Code of the Town of Chatham, approved July 2, 1972, and various revisions made since that date through local laws.
(b) 
Chapter 151, Mobile Homes, of the Code of the Town of Chatham, approved June 1, 1968, and various revisions made since that date.
B. 
In addition, the Planning Board of the Town of Chatham shall be governed by the provisions of all applicable state statutes, local laws, local ordinances and these bylaws.
A. 
Upon adoption of these bylaws by the Town Board, the Secretary shall file a copy of these bylaws with the Town Clerk, and they shall be a public record.
B. 
Recommendations to amend these bylaws may be made at any Planning Board regular meeting. Proposed amendments shall be presented to the members in writing at least one month prior to the date on which a vote is to take place. Recommended amendments shall then be forwarded to the Town Board for adoption.