[HISTORY: Adopted by the Town Board of the Town of Pompey 2-13-2008 by L.L. No.
1-2008. Amendments noted where applicable.]
The creation and existence of the Town of Pompey Planning Board
is hereby affirmed. The Planning Board shall consist of seven members
appointed by the Town of Pompey Town Board pursuant to the provisions
of § 271 of the Town Law. Each member shall hold office
for a term of seven years. If a vacancy shall occur other than by
expiration of a term, it shall be filled by appointment for the unexpired
term. Any member of the Planning Board may be removed by the Town
Board for cause after public hearing.
The Planning Board shall have all the powers and duties prescribed
by the Town Law and by the Code of the Town of Pompey, including the
following:
A.
Approval of sketch plans and plats. Pursuant to the provisions of § 276 of the Town Law and Chapter 144 of the Code of the Town of Pompey, the Planning Board is authorized and empowered to approve sketch plans and plats, with or without new streets, within the Town.
B.
Review of site development plans. Pursuant to the provisions of Town Law § 274-a, the Planning Board is authorized and empowered to review and approve, and approve with modifications, or disapprove site development plans in accordance with the provisions of § 165-44 of the Code of the Town of Pompey.
C.
Changes in zoning regulations. The Planning Board is authorized and
empowered to make recommendations to the Town Board concerning proposed
changes or amendments in the Town zoning regulations. This authority
of the Planning Board shall extend to all proposed changes in the
zoning regulations, whether initiated by the Town Board or by petition.
[Amended 10-7-2013 by L.L. No. 4-2013]
A.
The Town Board shall annually, or whenever a vacancy occurs, elect a Chairperson and Vice Chairperson from the members of the Planning Board. The Planning Board may request that the Town Board employ experts (except as provided in § 41-5 below), clerks and a secretary and pay for their services and other such expenses as the Planning Board believes is necessary and proper, with the employment at the sole discretion of the Town Board.
B.
The Vice
Chairperson shall act for the Chairperson in his or her absence or
if the Chairperson otherwise fails to carry out his or her official
duties within five business days of any required action.
C.
The Planning
Board may adopt rules and regulations in respect to procedure before
it, and in respect to any other subject matter over which it has jurisdiction,
after public hearing by the Planning Board and subject to the approval
of the Town Board.
D.
If any clause,
sentence, paragraph, subdivision, section or part of this section
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part thereof directly involved
in the controversy in which such judgment is rendered.
Each member of the Planning Board shall complete, at a minimum,
four hours of training each year designed to enable such members to
more effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years. Such training shall be approved by the
Town Board. To be eligible for reappointment to the Planning Board,
each Board member shall have completed the training pursuant to this
section. The Town Board may waive or modify this training requirement
by resolution of the Town Board when, in its judgment, it is in the
best interest of the Town to do so.
A.
Purpose. The services provided by attorneys to the Town have become
more and more complex over recent years. In order to facilitate consistent,
quality legal services at a reasonable cost, the Town Board desires
to assume the responsibility for appointing the attorney(s) to advise
all Town boards with respect to legal matters. Accordingly, it is
necessary for the Town Board to transfer the power to appoint the
Planning Board Attorney from the Planning Board to the Town Board.
B.
Appointment and termination of Planning Board Attorney. The Town
Board shall hereinafter appoint and, if it becomes necessary, terminate
the Attorney for the Planning Board with respect to all legal matters
before the Planning Board.
C.
Authority and statutory provisions superseded. This section is enacted
under the authority of Municipal Home Rule Law §§ 10
and 22. The Town hereby expressly states its intention that this section
shall supersede any provision of the Town Law of the State of New
York to the contrary, including but not limited to Town Law § 271,
Subdivision 2.
