[Added 5-13-1999 by L.L. No. 2-1999]
A.
Authorization and establishment. The resolution of the Town Board
of Poestenkill, as adopted at its special meeting on March 14, 1967,
creating the Planning Board of the Town of Poestenkill and giving
said Planning Board subdivision control and other powers, is hereby
amended and expanded by this article, which is enacted in accordance
with the provisions of § 271 of the Town Law of the State
of New York. The Town Board shall, by resolution, appoint the members
of such Planning Board and annually designate the Chairperson thereof
from among the Planning Board's members. In making such appointments,
the Town Board may require Planning Board members to complete training
and continuing education courses and maintain minimum meeting attendance
requirements. The Planning Board shall annually designate its own
secretary, who shall also be deemed the "Clerk of the Planning Board."
The Planning Board may prescribe reasonable rules in addition to those
provided herein for the conduct of its affairs. The Town Board shall
also, by resolution, annually provide for the compensation of Planning
Board members.
B.
Membership. The Planning Board shall consist of seven members, each
to serve for a term of seven years. The terms of the individual members
shall be so fixed that the term for one member shall expire at the
end of each calendar year. No person who is a member of the Town Board
shall be eligible for membership on such Planning Board.
C.
Vacancies. If a vacancy shall occur otherwise than by expiration
of term, the Town Board shall appoint a new member for the remainder
of the term of the vacancy.
D.
Training and continuing education requirements. All members of the
Planning Board shall be required to comply with the training requirements
set forth in Town Law § 271, Subdivision 7-a. The Town of
Poestenkill shall reimburse the attending member for the fair and
reasonable costs incurred in connection with any such training. The
Planning Board shall be responsible for maintaining training records
for its members.[1]
E.
Attendance requirements. Each member of the Planning Board must attend
not fewer than 75% of all regularly and specially scheduled meetings
of the Board. If any absence should be either caused by circumstances
beyond the control of the member or authorized in advance by the Chairperson
of the Planning Board within policy guidelines set by the Town Board,
then any such absence may be waived by the Town Board in calculating
the attendance percentage. Once a member has served for a period covering
four or more meetings of the Planning Board, the Chairperson of the
Planning Board shall notify the Town Board whenever the total number
of all missed meetings (including both those which may be waived and
those which may not be waived) for such member exceeds the twenty-five-percent
maximum hereby permitted.
F.
Removal of members. The Town Board shall have the power to remove,
after public hearing, any member of the Planning Board for cause,
including noncompliance with the minimum requirements relating to
meeting attendance and training as hereby established.
G.
Chairperson duties. All meetings of the Planning Board shall be held
at the call of the Chairperson and at such other times as such Board
may determine. Such Chairperson or, in his or her absence, the Acting
Chairperson may administer oaths and compel the attendance of witnesses.
The Planning Board shall have all the powers and duties prescribed
by the Town Law of the State of New York and as more particularly
hereinafter specified in this article. Further, none of the following
provisions shall be deemed to limit any power of the Planning Board
that is elsewhere or otherwise conferred by state or local law, rule
or regulation.
A.
Comprehensive Plan. The Planning Board may recommend changes to the
Town Comprehensive Plan.
B.
Investigations. The Planning Board shall have the full power and
authority to make investigations, maps, reports and resulting recommendations
about all matters relating to the planning and development of the
Town. It may also, after public hearing, recommend to the Town Board
regulations relating to any subject matter over which the Planning
Board has jurisdiction under Town Law or under any local law or ordinance
of the Town. Adoption of any such recommendations by the Town Board
shall be by local law.
C.
Referrals. The Planning Board shall conduct a review of all matters specifically referred to it from the Zoning Board of Appeals or the Town Board pursuant to §§ 150-85C(3), 150-62, 150-67B(5) and 150-91A of this chapter of the Code of the Town of Poestenkill and any other provision of state or local law, and shall submit written reports to the referring body as required by the provisions of such authorizing legislation and/or this article.
D.
Site plan review. The Planning Board shall be responsible for the proper implementation of site plan review in accordance with Article VIII of this chapter of the Code of the Town of Poestenkill and Article 16 of the Town Law of the State of New York.
E.
Subdivision approval. The Planning Board shall be responsible for the review and approval of subdivision plats in accordance with Article 16 of the Town Law of the State of New York and Chapter 195 of the Code of the Town of Poestenkill.
F.
Special use permits. All special permit uses in the District Schedule of Use Regulations in Article IV of this chapter of the Code of the Town of Poestenkill and in all other parts of said Code shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included in said Code.
G.
Residential cluster development. The Planning Board of the Town of Poestenkill is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the Town Law of the State of New York, to modify applicable provisions of this chapter subject to the conditions set forth in § 278 of said Town Law and those further requirements set forth in § 150-30 of this Poestenkill Code.
H.
The Planning Board shall approve plats and improvement plans for all highways, roads or streets to be constructed in the Town, including necessary drainage systems, as specified in Chapter A240, Road Improvement Specifications, of the Code.
I.
Coordination with agricultural districts program.
(1)
Any application for a special use permit, site plan approval, or
subdivision approval requiring review and approval by the Planning
Board pursuant to this Code, that would occur on property within an
agricultural district containing a farm operation or on property with
boundaries within 500 feet of a farm operation located in an agricultural
district, shall include an agricultural data statement as specified
in Town Law § 283-a. The Planning Board shall evaluate and
consider the agricultural data statement in its review of the possible
impacts of the proposed project upon the functioning of farm operations
within such agricultural district. The information required by an
agricultural data statement may be included as part of any application
form.
(2)
Content of agricultural data statement. The agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a tax map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
(3)
Agricultural data statement; notice provision. Upon the receipt of
any such application by the Planning Board, said Board shall mail
written notice of such application to the owners of land as identified
by the applicant in the agricultural data statement. Such notice shall
include a description of the proposed project and its location and
may be sent in conjunction with any other notice required by state
or local law, ordinance, rule or regulation for the said project.
The cost of mailing said notice shall be borne by the applicant.
(4)
Notice to county planning agency. The Planning Board shall refer
all applications requiring an agricultural data statement to the county
planning agency as required by §§ 239-m and 239-n of
the General Municipal Law
