[Adopted 6-10-2008 by L.L. No. 2-2008]
A. 
The creation of a Joint Planning Board of the Town of Spencer and the Village of Spencer (the "Joint Planning Board") is hereby authorized. The Joint Planning Board shall be the sole Planning Board within the Town of Spencer and the Village of Spencer. For so long as the Joint Planning Board exists, all current and future references to the "Planning Board" in the Code of the Town of Spencer and this Chapter 31 shall be deemed to be the Joint Planning Board.
B. 
The Joint Planning Board shall be deemed formally created as of the date upon which the local laws so providing by the Town and the Village have been filed with the New York Secretary of State.
A. 
The Joint Planning Board shall consist of seven numbers (collectively the "regular members"). Four of the regular members, all of whom shall be Town residents (the "Town regular members"), shall be appointed by the Town Board of the Town of Spencer and three of the regular members, all of whom shall be Village residents (the "Village regular members") shall be appointed by the Board of Trustees of the Village of Spencer. The initial regular members of the Joint Planning Board shall be appointed as follows and shall serve for the following initial terms:
(1) 
The Town Board of the Town of Spencer shall appoint its four initial Town regular members, one for a term ending on December 31, 2008; one for a term ending on December 31, 2010; one for a term ending on December 31, 2012; one for a term ending on December 31, 2014; and
(2) 
The Board of Trustees of the Village of Spencer shall appoint its three initial Village regular members, one for a term ending on December 31, 2009; one for a term ending on December 31, 2011; one for a term ending on December 31, 2013.
B. 
Upon the expiration of the initial term of each of the initial regular members, the same Board as appointed each such initial regular member shall reappoint such regular member or his/her successor for a term of seven years. Terms shall run from January 1 through December 31.
C. 
Vacancies shall be filled by the appointment of replacement regular members by the same Board as appointed the regular member leaving office to fill the unexpired term of that regular member.
D. 
Upon the effective date of this Article IV of Chapter 31 of the Code of the Town of Spencer and the formation of the Joint Planning Board as provided herein, the current Chairperson of the Town Planning Board shall be deemed to be the Chairperson of the Joint Planning Board for the remainder of the then current calendar year. Thereafter, commencing with the current year, the Chairperson shall be designated as follows: The regular members of the Joint Planning Board shall on or before October 31 of each calendar year recommend to the Town Board and the Village Board of Trustees a regular member of the Joint Planning Board to serve as Chairperson for the next calendar year or until a successor Chairperson is selected, which recommendation shall be submitted to both Boards for approval. In the event that the recommended Chairperson is not so approved by both Boards on or before December 31 of that calendar year, the then current Chairperson shall continue to serve for the next calendar year unless the Town Board designates another of the regular members to serve as Chairperson.
A. 
The Town Board shall have the authority, in accordance with Article III of this Chapter 31 of the Code of the Town of Spencer, to appoint up to two alternate members who each shall be a Town resident (each a "Town alternate member") to serve on the Joint Planning Board when a Town regular member of the Board is unable to participate on an application or matter before the Board.
B. 
The Village Board of Trustees shall have the authority, in the same manner as provided for in Subsection A of this § 31-11 and as provided for in Article III of this Chapter 31 of the Code of the Town of Spencer, to appoint up to two alternate members who each shall be a Village resident (each a "Village alternate member") to serve on the Joint Planning Board when a Village regular member of that Board is unable to participate on an application or matter before the Joint Planning Board.
C. 
The manner in which the terms to be served by each such Town alternate member and Village alternate member are determined; the manner in which each such alternate member is appointed or reappointed; the manner in which a vacancy in the position of each such alternate member is filled; the manner in which each such alternate member may be designated as an acting member; the manner in which each such alternate member will serve as an acting member; the manner in which the powers, responsibilities and qualifications of each such alternate member are established; and the manner in which the provisions of state or local law relating to Planning Board member eligibility, vacancy in office, compatibility of office, removal, service on other boards, attendance, compensation, and training/continuing education apply to each such alternate member shall be as provided for in Article III of this Chapter 31 of the Code of the Town of Spencer; provided, however, in accordance with Subsections A and B above, the Chairperson shall:
(1) 
Designate only a Town alternate member as an acting member in place of a Town regular member; and
(2) 
Designate only a Village alternate member as an acting member in place of a Village regular member.
The Joint Planning Board shall act on all matters which shall come before it pursuant to the local laws of the Town of Spencer and the Village of Spencer and on all matters referred to it by either the Town Board of the Town of Spencer or the Board of Trustees of the Village of Spencer, and shall comply with all rules, regulations and other requirements mandated by law. In addition thereto, the regular members of the Joint Planning Board may adopt such rules and regulations as it shall deem necessary and proper for the conduct of its meetings and business.
A. 
With respect to any matter coming before the Joint Planning Board involving property within the Town, the Town shall have the right (in accordance with applicable state and local laws, rules, regulations and procedures) to designate an attorney and such other consultants and/or experts (e.g., engineers, planners, environmentalists, etc.) deemed necessary for the purpose of reviewing and acting upon such matter, and the costs and expenses thereof shall be the sole responsibility of the Town unless the Town and Village agree, in writing, otherwise.
B. 
With respect to any matter coming before the Joint Planning Board involving property within the Village, the Village shall have the right (in accordance with applicable state and local laws, rules, regulations and procedures) to designate an attorney and such other consultants and/or experts (e.g., engineers, planners, environmentalists, etc.) deemed necessary for the purpose of reviewing and acting upon such matter, and the costs and expenses thereof shall be the sole responsibility of the Village unless the Village and Town agree, in writing, otherwise.
C. 
In the event that the Town determines at any time that it is necessary and/or appropriate to initiate, prosecute or defend litigation and/or any other contested action or proceeding (including, but not limited to, civil, criminal and administrative actions) with respect to a matter that has come before the Joint Planning Board involving property within the Town, the costs and expenses thereof (including, but not limited to, attorneys' fees) shall be the sole responsibility of the Town unless the Town and Village agree, in writing, otherwise. In the event that the Village is required to participate in such litigation, action or proceeding and/or is named as a party thereto, the Town shall indemnify and hold the Village harmless (including, but not limited to, the Village's reasonable attorneys' fees) with respect thereto.
D. 
In the event that the Village determines at any time that it is necessary and/or appropriate to initiate, prosecute or defend litigation and/or any other contested action or proceeding (including, but not limited to, civil, criminal and administrative actions) with respect to a matter that has come before the Joint Planning Board involving property within the Village, the costs and expenses thereof (including, but not limited to, attorneys' fees) shall be the sole responsibility of the Village unless the Village and Town agree, in writing, otherwise. In the event that the Town is required to participate in such litigation, action or proceeding and/or is named as a party thereto, the Village shall indemnify and hold the Town harmless (including, but not limited to, the Town's reasonable attorneys' fees) with respect thereto.
E. 
Except as otherwise agreed, in writing, between the Town and Village, the Town shall be the designated party responsible for providing administrative services (e.g., recording and preparation of minutes, preparation, publication and mailing of required notices, resolutions and other required documents, etc.) to the Joint Planning Board, including, but not limited to, any expenses and out-of-pocket costs arising therefrom, and all such costs and expenses shall be shared equally by the Town and the Village. The Town shall periodically notify the Village, in writing, as to such costs and expenses incurred, and the Village shall reimburse the Town for its one-half share of such costs and expenses within 60 days following such written notice.
F. 
Any costs and expenses associated with training/continuing education for the regular members and alternate members of the Town and the Village shall be paid in each case respectively by the Town and the Village.
A. 
The Joint Planning Board hereby created shall remain in existence for an initial period extending through and including December 31, 2010. Thereafter, the Joint Planning Board shall continue in existence from year to year unless and until the Town Board or the Village Board of Trustees, by formal resolution, determines that it no longer wishes to participate in the Joint Planning Board, whereupon, such Board (the "withdrawing Board") shall so notify the other Board in writing (which notice shall include a certified copy of the resolution adopted by the withdrawing Board) on or before June 30 of the then calendar year. In such event:
(1) 
The Joint Planning Board shall continue in existence and shall exercise its duties and responsibilities as required for the remainder of such current calendar year and shall thereupon, as of December 31 of such calendar year, be dissolved;
(2) 
This Article IV of Chapter 31 of the Code of the Town of Spencer and the Joint Planning Board created hereunder shall be deemed null and void and no longer in effect as of December 31 of such calendar year; and
(3) 
A local law shall be adopted by the Town Board providing for:
(a) 
The repeal of this Article IV of Chapter 31 of the Code of the Town of Spencer effective as of December 31 of such calendar year; and
(b) 
The reconstitution of the Town's seven-member Planning Board (as it existed prior hereto) effective as of the following January 1.
B. 
The members of the reconstituted Town Planning Board and their respective terms shall be determined and approved at the Town's organization meeting immediately following the December 31 date upon which the Joint Planning Board is dissolved.