[Adopted 5-16-2013 by L.L. No. 1-2013]
This article shall be known as the "Reestablishment and Reorganization
and Specification of Powers of the Town of Pine Plains Planning Board
Law."
The Pine Plains Town Board, by resolution dated May 1, 1961,
created a Planning Board to consist of five members pursuant to the
then provisions of § 276 of the Town Law. The Town Board,
by resolution dated April 11, 1962, pursuant to the authority of various
provisions of the Town Law, adopted Subdivision Regulations. The Town
Board, by resolution dated March 7, 1966, increased the number of
Planning Board members to seven, with each to serve a term of five
years. Section 271 of New York State Town Law was amended in 1992
to provide for the creation and appointment of a Town Planning Board
pursuant to local law or ordinance. By Local Law No. 2 of 2009, the
Town adopted its Zoning Law on October 15, 2009, and by Local Law
No. 4 of 2010 the Town, pursuant to Article 16 of the Town Law, adopted
Subdivision Regulations on September 16, 2010. The Town Board, by
resolution dated October 18, 2011, in relevant part, established requirements
and rules of conduct for Planning Board members and procedures for
removing Planning Board members. The Town Board, by Local Law No.
1 of 2010, provided for the appointment of alternate members of the
Planning Board. It is the desire of the Town Board to reestablish,
recreate and reappoint the Planning Board in accordance with the current
provisions of § 271 of the Town Law and to incorporate specifically,
or by reference, in that law past resolutions and local laws relating
to the Planning Board.
The Town of Pine Plains Planning Board is hereby reestablished,
pursuant to the provisions of § 271 of the Town Law. The
Planning Board shall consist of seven members appointed by resolution
by the Town Board. The Planning Board, as currently established, shall
continue to function and the members currently appointed shall continue
in office until their respective terms expire. The terms of official
Planning Board members shall be five years. The Town Board shall each
year appoint a Chairperson of the Planning Board and may, in its discretion,
provide for the compensation of Planning Board members by resolution.
The Town Board shall specify the term and expiration of the Planning
Board members at the time of the appointment or reappointment of a
Planning Board member. A record of each appointment shall be kept
by the Town Clerk and shall be included in the minutes of the meeting
at which the appointment or reappointment was made. The Town Clerk
shall supply a copy of the minutes of each appointment or reappointment
to the Planning Board Secretary, and each year after the reorganization
meeting, a list of the Planning Board members and the expiration date
of each member's term shall be generated by the Town Clerk and supplied
to the Secretary of the Planning Board. The Town Board shall make
such appropriation as it may see fit for the Planning Board expenses
by resolution each year. The Planning Board shall have the power and
authority to employ experts, clerks and a secretary and to pay for
their services and to provide for such other expenses as they deem
necessary and proper, not exceeding in all the appropriation that
may be made by the Town Board each year by resolution for the Planning
Board.
A.
The Planning Board shall be vested with all powers as provided currently in Chapter 275, Zoning, of the Town Code, as the same may be amended, and in Chapter 230, Subdivision of Land, as the same may be amended, and in Article 16 of the Town Law, as they currently exist, and as they may be amended from time to time by the State Legislature, together with such other powers as may be delegated to the Planning Board by the Town Board by local law or ordinance.
B.
The Chairperson of the Planning Board shall establish the agenda
and call the meetings of the Planning Board and shall be authorized
to sign site plans, subdivision plats and other approved plans and
plats after final approval is granted by the Planning Board. The Chairperson
shall have such other and further duties as provided under § 271(10)
of the Town Law, as it currently exists and as the same may be amended.
C.
The Planning Board shall also have authority to make recommendations
from time to time to the Town Board on any planning-related matter
it deems relevant or is referred to it by the Town Board.
A.
Each member of the Planning Board shall be expected to review and familiarize himself/herself with the Town's Subdivision Regulations (Chapter 230 of the Town Code) and those portions of Chapter 275, Zoning, which relate to the powers and duties of the Planning Board, and Article 16 of the Town Law.
B.
The members of the Planning Board shall be expected to conduct themselves
in conformity with all rules and regulations that may be adopted by
the Town Board and/or by the Planning Board for the conduct of meetings
and public hearings of the Planning Board.
C.
Each member of the Planning Board shall complete, at a minimum, four
hours of training each year designed to enable such member to more
effectively carry out his/her duties. Any training received by a member
in excess of four hours in any one year may be carried over by that
member into succeeding years in order to meet this training requirement,
all in accordance with the provisions of Town Law § 271(7-a).
(1)
Any such training for Planning Board members shall be approved by
the Town Board and may include, but not be limited to, training provided
by a municipality, regional or county office or commission, county
planning federation, state agency, statewide municipal association,
college or other similar entity, and such training may be provided
in a variety of formats, including, but not limited to, electronic
media, video, distance learning and traditional classroom training.
(2)
To be eligible for a reappointment at the expiration of a Planning
Board member's term, such member shall have completed the training
as required by this article and by Town Law § 271(7-a).
(3)
The training provided by this article may be waived or modified by
resolution of the Town Board when, in the judgment of the Town Board,
it is in the best interest of the Town to do so.
D.
No decision of the Planning Board shall be voided or declared invalid
because of a failure of a member to comply with the training or other
requirements of this article.
E.
No member of the Planning Board may miss three meetings of the Board
during a calendar year, other than for a medical or other emergency
or for any other just cause approved, in advance, by the Chairperson
of the Planning Board. It is expected that Board members be on time
and call the Chairperson or Secretary if they cannot attend a meeting.
F.
Removal.
(1)
The Town Board shall have the power to remove, after public hearing,
for cause, any Planning Board member. Cause for removal shall include,
but shall not be limited to:
(a)
Noncompliance
with the minimum requirements relating to training and education as
established in this article and/or by Town Law;
(b)
Noncompliance
with the meeting attendance requirements as established by this article;
(c)
Failure
to comply with the residency requirements as are set forth for public
officers in the Town Law;
(e)
Physical
or mental impairment affecting the Board member's ability to perform
his or her functions as a Planning Board member;
(g)
Failure
to comply with any rules or regulations as may be prescribed for the
conduct of Board members by the Town Board or Planning Board; and
(h)
Such
other and further cause as may be established by the Town Board by
local law.
(2)
Prior to the conduct of any public hearing for the removal of a Planning
Board member for cause, the Town Board shall provide the Board member
with a statement setting forth the alleged grounds for such removal
at least 30 days prior to the conduct of the public hearing. During
the public hearing, the Town Board shall have the power to hear testimony
and receive evidence presented by the Town Attorney, by the chairperson
of the applicable board or by any other person in support of the grounds
for such removal. The Board member shall have the right to present
witnesses and other evidence in defense of the removal action and
the Town Board shall have the power to hear other witnesses and members
of the public, and receive documentation and evidence relevant to
the issue of the alleged cause for the Board member's removal. In
cases where the grounds for removal consist of an alleged violation
of the Pine Plains Code of Ethics, procedures for a hearing, discipline
and/or removal set forth in the Code of Ethics shall be followed.[3]
(3)
Any determination of the Town Board with regard to removal of a Planning
Board member shall be made by the Town Board, in writing, and a copy
shall be provided to the Planning Board member and filed in the office
of the Town Clerk within five business days after the Town Board's
determination.
G.
Records.
(1)
Each member of the Planning Board shall be required to keep records
of his/her attendance at required training sessions and to provide
to the Planning Board Secretary certificates of attendance for completion
or other proof of completion of training courses on an annual basis.
The Planning Board Secretary shall keep records of the attendance
of each Planning Board member at the required training courses and
shall present at the close of each calendar year a list of each Planning
Board member's courses and credits earned in that year, together with
any credits carried over from previous years, to the Town Clerk and
to the Town Board.
(2)
The Planning Board Secretary shall also keep records of the attendance
of Planning Board members at meetings and shall provide attendance
records to the Town Clerk and to the Town Board on an annual basis.
H.
A copy of this article shall be supplied by the Town Clerk to each
member of the Planning Board.
Alternate members of the Planning Board may be appointed in accordance with the provisions of Article I of this chapter.
This article is hereby adopted pursuant to the provisions of
§ 10 of the New York State Municipal Home Rule Law and § 10
of the New York State Statute of Local Governments. It is the intent
of the Town Board, pursuant to § 10 of the Municipal Home
Rule Law, to supersede the provisions of § 271 of the Town
Law to the extent that they may be inconsistent with the provisions
of this article.
