[HISTORY: Adopted by the Town Board of the Town of Montgomery 2-6-1992 by L.L. No.
2-1992.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 45,
Planning Board, adopted 1-3-1977 by L.L. No. 5-1976.
A.
The purpose of this chapter is to increase the participation of the
residents of the Town in the planning and zoning process by reducing
the terms of office of the members of the Planning Board and Zoning
Board of Appeals. The Town Board finds that the existing seven-year
term of office for the Planning Board and the existing five-year term
of office for the Zoning Board of Appeals shall be reduced to three
years upon the expiration of each current term of each Board member.
B.
This chapter expressly supersedes the existing provisions of the New York State Town Law § 267(1) last amended by Chapter 913 of the Laws of 1956 and the new § 267(4) of the Town Law to be effective July 1, 1992, as amended by Chapter 692 of the Law of 1991, and the provisions of the New York State Town Law § 271(1) last amended by Chapter 230 of the Laws of 1963 as those provisions relate to the length of the terms of office of the respective Board members. The supersession authority is found at Municipal Home Rule Law § 10, subparagraph (1) subsections (a)(1) and (d)(3). The general authority of the Town of Montgomery to adopt this chapter is found also at Article IX, Section 2, of the New York State Constitution, the Statute of Local Governments, Article 2 of the Municipal Home Rule Law and under the general police power of the Town of Montgomery.
C.
This chapter repeals existing Town of Montgomery Local Law No. 5
of 1976 in its entirety.
The Planning Board shall have all of the powers and duties as set forth in the Town Law, in Chapter 235, Zoning, of the Code of the Town of Montgomery, in Chapter 200, Subdivision of Land, of the Code of the Town of Montgomery, and any and all previous delegations of power from the Town Board regardless of the manner in which such powers were delegated. The Planning Board shall also have all of the powers and duties that from time to time may be hereinafter granted to it by the Town Board.
All acts and decisions of the Planning Board of the Town of
Montgomery occurring prior to the enactment of Local Law No. 5 of
1976 are hereby ratified and confirmed.
Upon the expiration of the term of each current member of the
Town of Montgomery's existing seven-member Planning Board in
office on the effective date of this chapter, his or her successors
shall be appointed or he or she shall be reappointed for a term of
three years. If a position is vacant by expiration of term on the
effective date of this chapter, the member previously holding that
position shall be reappointed or his or her successor appointed for
a term expiring three years from the prior date of expiration of said
member's term. Thereafter, upon expiration of the term of each
member, his or her reappointment or the appointment of his or her
successor shall be for a term of three years. The terms of members
newly appointed or reappointed to the Planning Board pursuant to this
chapter shall be of such length that the terms of no more than three
members shall expire in any one calendar year. For the purpose of
this chapter, the respective terms shall expire and shall be filled
at the Town Board's annual reorganizational meetings held every
January.
Upon the expiration of the term of each current member of the
Town of Montgomery's existing five-member Zoning Board of Appeals
in office on the effective date of this chapter, his or her successors
shall be appointed or he or she shall be reappointed for a term of
three years. If a position is vacant by expiration of term on the
effective date of this chapter, the member previously holding that
position shall be reappointed or his or her successor appointed for
a term expiring three years from the prior date of expiration of said
member's term. Thereafter, upon expiration of the term of each
member, his or her reappointment or the appointment of his or her
successor shall be for a term of three years. The terms of members
newly appointed or reappointed to the Zoning Board of Appeals pursuant
to this chapter shall be of such length that the terms of no more
than two members shall expire in any one calendar year. For the purpose
of this chapter, the respective terms shall expire and shall be filled
at the Town Board's annual reorganizational meetings held every
January.
