[Adopted 6-14-1967; amended 3-14-1977 (Ch. 13, Art. I, of the 1978 Code)]
[Amended 2-10-1997 by L.L. No. 5-1997]
A. Pursuant to the Town Law § 271, the Planning Board, to
consist of seven members and to possess all authority granted by said
Town Law, shall be appointed for the Town of Kinderhook. Members first
appointed shall hold office for a term of from one to seven years,
as shall be designated in their appointments. Their terms shall expire
on December 31 of the designated year. Upon expiration of the term
of each member, their reappointment or the appointment of their successor
shall be for a term of seven years. No nonagricultural member who
has completed a full seven-year term shall be eligible for reappointment
to the Planning Board for a period of one year.
[Amended 6-13-2000 by L.L. No. 1-2000; 6-14-2004 by L.L. No. 9-2004]
B. Alternate members.
[Amended 6-13-2000 by L.L. No. 2-2000; 3-8-2004 by L.L. No. 3-2004]
(1) The Town Board shall appoint alternate members of the Planning Board
to serve as provided in this section. The number of alternate members
appointed pursuant to this section shall not exceed three. The Town
Board shall appoint alternate members who shall hold membership for
two years. The Chairperson of the Planning Board shall assign the
available alternate to substitute at meetings of the Planning Board
for regular members who are absent from said meetings or who are unable
to participate in said meetings for reasons of conflict of interest,
as follows:
(a)
If, at the time the selection is to be made, the subject of
business is an application which is being presented to the Planning
Board for the first time, the selection shall be random.
(b)
If, at the time the selection is made, the subject of business
is an application which has been previously reviewed by the Planning
Board, the Chairperson shall randomly select an alternate who has
participated in that review. If no alternate member has previously
so participated, the selection shall be random.
(2) Alternate members must attend all regular and special meetings of
the Planning Board unless excused by the Board. An alternate member
assigned to participate at meetings of the Planning Board as provided
herein shall possess all of the powers and duties of a regular member
of the Planning Board. Any determination made by the Planning Board
consisting of alternate members shall have the same force and effect
at law as a determination made by the Planning Board consisting of
only regular members. Alternate members appointed pursuant to this
section shall be entitled to receive such expenses as fixed by resolution
of the Town Board. (This section amends § 271, Subdivision
15, of the New York State Town Law.)
C. Quorum. At any meeting of the Planning Board, a quorum shall consist of a majority of the full membership of the Planning Board, who may be regular members or alternate members assigned to sit and participate at said meeting in accordance with Subsection
B of this section. No action shall be taken in the absence of a quorum, except that those members present shall be entitled to call a special meeting at a subsequent date.
[Added 6-13-2000 by L.L. No. 2-2000; amended 9-14-2009 by L.L. No.
2-2009]
D. Voting. At all meetings of the Planning Board, each attending member who has been properly appointed as a regular member or assigned as provided in Subsection
B of this section shall be entitled to one vote. Voting shall be by voice. A majority vote of the entire Planning Board shall be necessary for the adoption of any proposed action, resolution or other voting matter.
[Added 6-13-2000 by L.L. No. 2-2000]
[Amended 6-13-2000 by L.L. No. 1-2000]
Since at least 20% of the area of the Town of Kinderhook is
devoted to agricultural pursuits, one member shall be appointed to
the Planning Board for a term of seven years, with such term to expire
on December 31 of the year designated. Such member shall be a person
who derives more than 1/2 of his annual income from agricultural pursuits.
The Chairman of the Planning Board is to be designated by the
Town Board by appointment, and an attorney shall be designated by
the Town Board to act as consulting attorney for the Planning Board.
The Planning Board is authorized and empowered to approve plats
for new streets and highways which are in that part of the Town of
Kinderhook outside the limits of any incorporated village.
[Adopted 6-13-1994 by L.L. No. 1-1994 (Ch. 13, Art. II, of
the 1978 Code)]
The official signature of the Planning Board shall be endorsed
upon all papers and documents requiring the same by reason of the
requirements of the law or the rules and regulations of the Planning
Board. Such signature shall be endorsed upon such papers only pursuant
to the direction of the Planning Board embodied by a resolution so
directing and such papers shall be personally signed by either the
Chairman (or Vice Chairman in the absence of the Chairman) or the
Secretary, as the scope of their responsibilities shall permit. In
form, the official signature shall be as follows:
Town of Kinderhook Planning Board
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Dated:
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By:
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Chairman
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