[HISTORY: Adopted by the Town Board of the Town of Austerlitz 12-27-2007 by L.L. No.
6-2007. Amendments noted where applicable.]
In the late 1960s, the Town Board of the Town of Austerlitz
created a seven-member Town Planning Board pursuant to the provisions
of § 271 of the Town Law of the State of New York. Currently,
the Town is in the process of adopting a zoning law and will be creating
a Zoning Board of Appeals.[1] The Town Board is concerned that it will have difficulty
finding enough willing and capable Town residents to serve on both
Boards and therefore finds that it is in the interest of the Town
to reduce the membership of the Planning Board from seven to five
members.
This chapter is authorized by § 271, Subdivision 7,
of the Town Law of the State of New York.
As provided herein, the Town of Austerlitz Planning Board shall
consist of five members as provided for in § 271 of the
Town Law of the State of New York. The current membership of the Planning
Board shall be reduced upon the expiration of the terms of the members
whose terms expire at the organizational meetings in January 2008
and January 2009. The terms of the remaining members shall be reduced
to a period of five years. No current members of the Planning Board
shall be removed before their terms expire as a result of the reduction
in membership of the Planning Board. The reduction shall be accomplished
by not appointing any person to succeed the members whose terms expire
at the organizational meetings in January 2008 and January 2009.
Pursuant to §§ 10 and 11 of the Municipal Home
Rule Law of the State of New York, this chapter is intended to supersede
any inconsistent provisions of § 271 of the Town Law of
the State of New York and also repeals and supersedes any inconsistent
provisions of any resolution or local law heretofore adopted by the
Town Board of the Town of Austerlitz.
