This Chapter
207 shall be known as "Planning Board, Joint."
The Town Board desires, in the interest of intermunicipal cooperation,
cost efficiency and in recognition of the common planning and zoning
interests of the Village and Town of Tully, to create a consolidated
planning board to replace the individual planning boards of the Village
and Town of Tully, and for the Town and the Village of Tully to work
cooperatively to provide such services for the benefit of both municipalities
This chapter is enacted under the authority granted pursuant
to the General Municipal Law, Town Law and Village Law of the State
of New York.
The creation of a Joint Planning Board of the Town of Tully and the Village of Tully is hereby authorized. Said Joint Planning Board shall be the sole Planning Board within the Town of Tully. As and if required by applicable law, the Town and Village of Tully shall enter into a intermunicipal cooperative agreement further providing for such Joint Planning Board as provided herein and the resolution of related operational and administrative issues. The Planning Board of the Town of Tully, as established under § 271 of the Town Law and previous duly adopted ordinance or local law of the Town Board, shall be abolished as of the effective date of the Joint Planning Board established under this Chapter
207, subject, however, to the provisions of §
207-13 mandating the automatic reestablishment and effectiveness of the Town Planning Board upon the dissolution of the Joint Planning Board established hereunder.
The members of the Joint Planning Board shall at their last
meeting of the calendar year elect a Chairperson to so act for the
next calendar year or until a successor is elected.
The members of the Joint Planning Board shall adopt such rules
and regulations and supplemental provisions as they shall deem necessary
and proper for their operation and administration, and for the conduct
of their meetings and business, including by duly adopted intermunicipal
cooperation agreement(s).
Each regular member and alternate member shall complete such
training and continuing education as may be required by law and mandated
by joint resolution of the Town Board of the Town of Tully and the
Board of Trustees of the Village of Tully. Except if such practice
becomes prohibited by a superceding state law, the failure to mandate
such training shall be deemed an election to opt out of any such optional
or discretionary requirements of the State of New York.
Members may receive such compensation and reimbursement for expenses necessarily incurred in the performance of their duties as may be established by joint resolution of the Town Board of the Town of Tully and the Board of Trustees of the Village of Tully and/or by intermunicipal cooperation agreement as provided for at §
207-9 hereof.
The Joint Planning Board shall act on all matters which shall
come before it pursuant to the applicable codes, ordinances and local
laws of the Town of Tully and the Village of Tully and on all matters
referred to it by either the Town Board of the Town of Tully or the
Board of Trustees of the Village of Tully and shall comply with all
rules, regulations and other requirements mandated by law. As to property
located within the Town of Tully, the procedural and substantive provisions
of the Town of Tully Code and the (NYS) Town Law shall apply; as to
property located within the Village of Tully, the procedure and substantive
provisions of the Village of Tully Code and the (NYS) Village Law
shall apply.
Except as may otherwise be provided for by intermunicipal cooperation
agreement, the Joint Board established hereby shall be dissolved upon
the duly adopted resolution of either the Town Board of Tully or the
Village Board of Trustees. Upon any such resolution being duly adopted,
a certified copy shall be delivered to each of the Town and Village
of Tully's respective clerks for filing, and the Joint Planning
Board shall become dissolved and no longer in effect upon the last
day of the second full month following such resolution and the latter
of the dates of filing in the office of their respective Clerks ("dissolution
date"). Except as otherwise determined by the respective (Town and
Village) Boards, their respective appointed resident Joint Board members
shall continue in such position on their respective Town and Village
Planning Boards, upon such terms and conditions, and as supplemented
by those additional members, conditions and provisions as may be determined
by their respective (Town and Village) Boards and applicable state
law not superceded hereby, and the Town Planning Board, as previously
established, shall be deemed reestablished and in full force and effect
upon the day following the dissolution date, such establishment to
be automatic, subject and pursuant to Town Law § 271, and,
upon such reestablishment, with the minimum number of members required
under Town Law § 271.