[HISTORY: Adopted by the Town Board of the Town of Champlain 3-9-2004 by L.L. No.
2-2004. Amendments noted where applicable.]
Pursuant to Article 7 of the Town Law, § 271, the
Town Board of the incorporated Town of Champlain does hereby establish
a Town Planning Board, consisting of five members.
A.
The first appointments of members thereto shall be for terms so fixed
that at least one will expire at the end of each official year commencing
at the end of the current such year and continuing in succeeding years
until the entire original appointments run out. At the expiration
of each original appointment, the succeeding member shall be appointed
for five-year terms. No such term shall exceed five years.
B.
Position established for alternate members.
(1)
The position of alternate member(s) of the Planning Board of the
Town of Champlain is hereby established. The Town Board is authorized
to appoint up to three alternate member(s).
(2)
Terms. Alternate members of the Planning Board of the Town of Champlain
shall be appointed for a one-year term and in the same manner as regularly
appointed members of the Planning Board.
(3)
Duties. Alternate members shall serve in the absence, unavailability
or inability of a regular member of the Planning Board to serve. Copies
of notices shall be sent to all members. When a meeting of the Planning
Board shall be duly noticed and called for discussion, if it shall
become apparent that a regular member of the Planning Board will be
unable to hear and deliberate upon an application, then an alternate
member of the Planning board, at the call of the Chairmen of said
Board, or if absent, then the present members of the Board, shall
be duly authorized to hear the application, to deliberate and to vote
with full force and effect as if duly appointed a regular member of
the Board.
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TOWN OF CHAMPLAIN PLANNING BOARD BYLAWS
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ARTICLE 1 — OFFICERS AND DUTIES
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A.
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The Officers shall be a Chairperson and a Vice-Chairperson.
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B.
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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 organizational meeting. In the event of death or
resignation of any officer, a successor shall be appointed by the
Town Board as soon as possible.
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C.
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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 purpose of the Planning Board. The Chairperson shall
be an ex-official member of all committees and subcommittees so appointed.
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D.
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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.
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1.
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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.
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2.
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The Secretary shall record and maintain permanent minutes of
the meeting 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;
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.
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3.
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In the absence of the Secretary, the Board shall select a temporary
Secretary to perform the duties of Secretary.
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E.
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The five members of the Board are appointed by the Town Board
for a five-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 Article 5 herein,
and any other references referred by the Chairperson concerning specific
issues under discussion.
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1.
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Attendance
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a.
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All members shall attend at least 75% of scheduled meetings
each year.
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b.
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All members will make every effort to take part in site visits
when necessary as dictated by deliberation during meetings.
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ARTICLE 2 — MEETINGS
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A.
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Regular meetings shall be held on the 2nd Thursday of each month,
at 6:00 p.m. at the Town of Champlain Town Hall on Route 9 in the
Town of Champlain, unless such day shall be recognized as a 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
date.
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B.
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Special meetings may be called by the Chairperson, or by any
three members, on five days written notice to all members.
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ARTICLE 3 — VOTING
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A.
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A quorum shall be required to conduct business at any regular
or special meeting and shall consist of at least three members of
the Board or duly appointed alternate members. 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 readvertised in accordance with the requirements
of the applicable law.
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B.
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All members shall have equal voting rights.
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C.
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All matters shall be decided by a roll-call vote. A concurring
vote of three 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.
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D.
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Conflict of Interest.
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1.
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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.
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2.
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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
other ethics committee for advice. This referral should occur prior
to the meeting to avoid a delay for the applicant.
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ARTICLE 4 — PROCEDURE
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A.
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The Order of Business of meetings of the Planning Board shall
be:
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1.
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Roll call.
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2.
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Reading and approval of minutes of previous meeting.
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3.
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Communications.
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4.
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Reports of committees.
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5.
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Unfinished business.
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a.
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Public hearing of previously discussed subdivisions.
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b.
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Other previously discussed subdivisions, site plans, etc.
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6.
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New business.
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a.
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Public hearing of site plans.
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b.
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Sketch plans, new subdivisions, etc.
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c.
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Zoning Board of Appeals request for comment.
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d.
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Miscellaneous business.
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7.
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Adjournment.
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ARTICLE 5 — GENERAL RULES
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A.
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The following references shall be utilized to conduct the Planning
Board's review:
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1.
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Subdivisions.
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a.
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Town of Champlain Land Subdivision Regulations.[1]
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2.
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Site Plans.
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a.
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Town of Champlain Zoning Law.[2]
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3.
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Miscellaneous.
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a.
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Town of Champlain Zoning Law.
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B.
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In addition to the above, the Planning Board of the Town of
Champlain shall be governed by the provisions of all applicable state
statutes, local laws, local ordinances and the Bylaws.
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ARTICLE 6 — ADOPTION AND AMENDMENTS
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A.
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Upon adoption of these Bylaws by the Town of Champlain, the
secretary shall file a copy of these Bylaws with the Town Clerk and
they shall be a public record.
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B.
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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.
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