[HISTORY: Adopted by the Town Board of the Town of Manchester 11-7-1963
(Ch. 41 of the 1989 Code). Amendments noted where applicable.]
[Amended 5-11-2004 by L.L. No. 1-2004]
A.
There shall be a Planning Board for the Town of Manchester,
Ontario County, New York, to be known as the "Town of Manchester Planning
Board," consisting of seven members appointed according to the requirements
of Article 16 of the Town Law.
B.
No additional member[1] shall take part in the consideration of any matter for which an
application was on file with the Planning Board at the time of his or her
appointment.
[1]
Editor's Note: The phrase "additional member" refers to the increase
in membership from five to seven by L.L. No. 1-2004.
C.
Section 10, Subdivision 1(ii)a(I), (11) and (12), of
the New York Municipal Home Rule Law authorizes the Town to adopt a local
law which supersedes the provisions of § 271, Subdivision 6, of
the Town Law setting the terms for members of town planning boards. This provision
shall therefore supersede § 271, Subdivision 6, of the Town Law
by providing that one of the two additional members appointed shall be appointed
for a term to expire on the last day of the fifth calendar year after appointment
and the other additional member appointed shall be appointed for a term to
expire on the last day of the sixth calendar year after appointment. All existing
members of the Planning Board shall serve the balance of their unexpired terms.
Thereafter, all appointments or reappointments shall be made for a seven-year
term.
D.
Pursuant to § 41 of the New York General Construction
Law, a majority of the number of members of the Planning Board shall constitute
a quorum and be required to exercise its powers, regardless of vacancies,
observances or disqualifications from voting unless other laws, including
but not limited to § 239-m or 239-n of the New York General Municipal
Law, require more than a majority for action. Where a majority of the members
of the Planning Board does not vote on a matter, it shall be the equivalent
of nonaction.
Said Planning Board is hereby authorized and empowered: to approve plats
showing lots, blocks and sites, with or without streets or highways, within
that part of said Town outside the limits of any incorporated city or village;
and to 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
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,
and to approve or disapprove 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 § 278 of Article 16 of the Town Law, said Planning
Board is hereby empowered simultaneously with the approval of any plat either
to confirm the zoning regulations for the land so platted, as shown on the
Official Zoning Maps of said Town, or to make any reasonable change therein,
provided that such confirmation or change shall be limited by the formal approval
of the Town Board, as set forth under § 271 of Article 16 of the
Town Law.
