[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:
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.