The Planning Board, existing by virtue of the Land Subdivision
Rules and Regulations of the Town of Dryden, as amended,[1] and as appointed by the Town Board, is continued. The
Planning Board shall function in the manner prescribed by law (except
as the same may be superseded by the terms of this chapter as set
forth below).
There shall be seven members of the Planning Board. The members
of the Planning Board shall be residents of the Town of Dryden and
shall be appointed by the Town Board to serve terms prescribed by
law. Vacancies occurring in said Planning Board by expiration of terms
or otherwise shall be filled in the same manner. No person who is
a member of the Town Board shall be eligible for membership on the
Planning Board. The Town Board shall designate the Chairperson of
the Planning Board. In the absence of the Chairperson, the Planning
Board may designate a member to serve as Acting Chairperson.
A.
There may be appointed additionally up to two alternate members of
the Planning Board. Alternate members shall be appointed by resolution
of the Town Board for terms established by the Town Board.
B.
The Chairperson of the Planning Board shall designate an alternate
member to substitute for a regular member in the event that a regular
member is unable or unwilling to vote because of a conflict of interest,
recusal, absence, abstention, or any other reason and an alternate
member is present at the meeting when the designation takes place.
C.
If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection B above, then the Chairperson shall designate the other alternate member to serve.
D.
To the extent this section is inconsistent with Town Law § 271(15),
it is intended to supersede such section, in accordance with Municipal
Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities
and procedures related to alternate members set forth in Town Law
§ 271 or in this chapter shall apply.
The Planning Board shall have jurisdiction to review and approve,
approve with modifications or disapprove site plans prepared when
a particular use set forth in this chapter is subject to only site
plan review.
The Town Board may by resolution provide for the referral of
any matter or class of matters to the Planning Board before final
action is taken thereon by the Town Board or other office or officer
of the Town having final authority over such matter. The Town Board
may further stipulate that final action shall not be taken until the
Planning Board has submitted its report, or after the Planning Board
has exceeded the time period set by the Town Board for the Planning
Board to submit its report.
Members of the Planning Board are expected to attend all regularly
scheduled monthly meetings/hearings and specially scheduled meetings/hearings
of the Board. In the event that a member of the Board is absent from
three consecutive regularly scheduled monthly meetings/hearings, or
in the event a member of the Board is absent from five meetings/hearings
within any one calendar year, then such member may be removed from
the Board as herein provided.
A.
Each member of the Planning Board shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years in order to meet these requirements.
Such training shall be approved by the Town Board and may include,
but not be limited to, training provided by a municipality, regional
or county planning office or commission, county planning federation,
state agency, statewide municipal association, college or other similar
entity. Training may be provided in a variety of formats, including
but not limited to electronic media, video, distance learning and
traditional classroom training.
B.
To be eligible for reappointment to such board, such member shall
have completed the training promoted by the Town pursuant to this
section.
C.
The training required by this section 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 a Planning Board shall be voided or declared invalid
because of a failure to comply with this section.
The costs of such training shall be a Town charge. Members shall
be reimbursed for travel and meal expenses associated with such training
according to Town policies.
In the event a member of the Planning Board has failed to meet the minimum attendance requirements set forth in § 270-15.6 or the training requirements set forth in § 270-15.7, then the Town Board may remove such member from the Planning Board as herein provided:
B.
Public hearing. Such notice shall specify a date (not less than 10
or more than 30 days from the date of mailing such notice) when the
Town Board shall convene and hold a public hearing on whether or not
such member should be removed from the Planning Board. Such notice
shall also specify the time and place of such hearing.
C.
Public notice. Public notice of such hearing shall be given by posting
a notice on the Town signboard in the vestibule of the Town Hall and
by publishing a notice once in the official newspaper. Such posting
and publication shall be at least 10 days prior to the date of the
public hearing.
D.
Conduct of hearing. The public hearing on the charges shall be conducted
before the Town Board. The member shall be given an opportunity to
present evidence and to call witnesses to refute the charges. A record
of such hearing shall be made. The decision of the Town Board shall
be reduced to writing together with specific findings of the Town
Board with respect to each charge against such member. A copy of such
decision and such finding shall be mailed to the member.
E.
Action by the Town Board. Following the hearing and upon a finding
that such member has not met the minimum attendance requirements required
by this chapter, the Town Board may:
(1)
Remove such member from the Planning Board;
(2)
Issue a written reprimand to such member without removing such
member from the Board; or
(3)
If the Town Board shall find that the reasons for failing to
meet the minimum attendance requirements are excusable because of
illness, injury or other good and sufficient cause, the Town Board
may elect to take no action.
Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 270-15.9, Removal procedure, shall govern any hearing to remove a member for cause.
A.
The provisions of § 270-15.6 shall not apply to any member who has applied for and been granted a leave of absence by the Town Board from their duties as a member of the Planning Board. The Town Board may grant such leave of absence on such terms and for such period as it may deem appropriate; provided, however, no such leave of absence shall be for a period in excess of 11 months.
B.
The provisions of § 270-15.6 shall not apply to any member who has been granted an excused absence by the Chairperson of the Planning Board. To be a valid request for an excused absence, such request shall be made to the Chairperson of the Planning Board prior to the meeting/hearing. Grounds for excused absences shall include illness, vacation, business or employment reasons and personal or family activities.
