[HISTORY: Adopted by the Town Board of the Town of Gardiner 9-11-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
This is a new chapter of the Code of the Town of Gardiner, entitled
"Planning Board."
A.
Objectives. The objectives of the Planning Board shall be to administer,
and to plan for, the orderly, efficient, economic and aesthetic development
of the Town of Gardiner in accordance with the provisions of the Town
of Gardiner Code regarding zoning, subdivision of land, land use planning
and other applicable provisions of said Code.
B.
ALTERNATE MEMBER
MEMBER
PLANNING BOARD
TOWN BOARD
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
An individual appointed by the Town Board to serve on the Planning Board when a regular member is unable to participate on an application or matter before the Planning Board because of a conflict of interest or because of illness or absence of a Board Member as set forth in Chapter 75 of the Code of the Town of Gardiner.
An individual appointed by the Town Board to serve on the
Planning Board pursuant to the provisions of the applicable law, local
law or ordinance that established such Board.
The duly constituted Planning Board of the Town of Gardiner.
The duly constituted Town Board of the Town of Gardiner.
A.
The Planning Board shall consist of seven members and up to three
alternate members who are appointed by the Town Board of the Town
of Gardiner.
B.
The term of membership on the Planning Board shall be seven years,
with the possibility of reappointment. Notwithstanding the foregoing,
members' terms shall be so fixed that one member's term
shall expire at the end of each year for seven consecutive years.
Thereafter, each member shall be appointed for a full seven-year term,
with the intention that only one member's term shall expire each
year. In the event that a member dies, resigns or is removed prior
to the expiration of her/his term, the Town Board shall appoint a
person to serve the remainder of said unexpired term of office in
which the vacancy occurred.
A.
The annual organizational meeting shall be the April regular meeting
of the Planning Board. The regular monthly meeting schedule of the
Planning Board shall be designated by the Planning Board at its annual
organizational meeting.
B.
Special meetings may be called from time to time by the Chairperson
or upon request of a majority of the Planning Board members. Advance
notice of special meetings shall conform to NYS Open Meetings Law
requirements.
C.
A minimum of one planning meeting per year shall be held whereat
the Planning Board shall evaluate plans for the orderly, efficient,
economic and aesthetic development of the Town of Gardiner and no
other business shall be considered or conducted by the Board.
D.
Emergency meetings may be called by the Chairperson or upon request
of a majority of the Planning Board members.
E.
Executive session: The Board may meet in closed session for any reason
allowed under law. Motions to go into executive session must clearly
stipulate the specific, legally allowable reason for entering into
the executive session.
F.
A period prior to adjournment shall be open for public discussion
and opinion.
G.
A quorum shall consist of a majority of four members of the Planning
Board and a quorum must be present to conduct Planning Board business.
A recused member may not be counted to achieve a quorum, however an
alternate member, if present, shall be counted to achieve a quorum.
A.
Any member who has reason to recuse herself/himself from participating
and voting on a matter must state so for the record at the commencement
of the matter or immediately upon learning of and disclosing the conflict
of interest requisite to abstention or recusal.
B.
No member
of the Planning Board shall sit in a hearing or vote upon any matter
in which he/she has a financial or other interest as described under
the Town of Gardiner Ethics Law and the NYS Ethics Law. Such member(s)
shall not participate in deliberations of the Planning Board on such
matters except in his/her capacity as an applicant before the Town
Planning Board. Beyond that exception, said member is required to
leave the room during the Board's deliberations and decision-making.
Within the constraints of the Town Board's annual budget
allocation, members of the Planning Board may receive compensation
for their services and shall be reimbursed for actual expenses incurred
in the performance of Planning Board duties.
A.
At its annual organizational meeting, or as a vacancy may occur,
the Town Board shall designate a member of the Planning Board to act
as Chair thereof.
B.
At its annual organizational meeting, or as a vacancy may occur,
the Planning Board shall designate a Vice Chairperson from among its
regular members
The Planning Board shall have the power and authority to employ
a clerk/secretary and to pay for such services within Town Board appropriations.
The Clerk/Secretary would be responsible to the Chairpersons of both
the Planning Board and the Zoning Board of Appeals. As an employee
of the Town of Gardiner, such position is subject to the hiring practices,
rights and responsibilities with respect to Town employees. The role
of the Clerk will be outlined in a summary of duties, responsibilities,
and requisite skills and qualifications as required by the Town of
Gardiner "Employment Practices Compliance Manual."
The Planning Board may recommend to the Town Board regulations
relating to any subject matter over which the Planning Board has jurisdiction
under this chapter or any other statute, or under any local law or
ordinance of the Town. As required by NYS Town Law § 271(13),
adoption of any such recommendations by the Town Board shall be by
local law or ordinance.
B.
Report on matters referred by the Town Board which may, by resolution,
provide for the reference 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 said Town having final authority over
said matter. The Town Board may further stipulate that final action
thereon shall not be taken until the Planning Board has submitted
its report thereon, or has had a reasonable time, to be fixed by the
Town Board in said resolution, to submit the report. [NYS Town Law
271(14)a]
C.
General reports. The Planning Board may review and make recommendations
on a proposed Town comprehensive plan or amendment thereto. In addition,
the Planning Board shall have full power and authority to make investigations,
maps, reports and recommendations in connection therewith relating
to the planning and development of the Town and its future growth
and affording adequate facilities for the housing, transportation,
distribution, comfort, convenience, safety, health and welfare of
its population, providing the total expenditures of said Board shall
not exceed the appropriation provided therefor. [NYS Town Law 271(14)b]
D.
Annually propose to the Town Supervisor, consistent with the Supervisor's
Budget Calendar and Budget Request Documentation, requested allocations
of funds the Planning Board deems necessary to fulfill the objectives
of the Planning Board.
A.
Planning Board reviews of applications before it must conform to
the fundamental premises that decisions be objective, be based on
the merits of the application and on the information reviewed at duly
called meetings of the Planning Board.
B.
To protect innocent public officers from unwarranted assaults on
their integrity and the appearance of impropriety, ex parte communication
with the reviewing board outside the presence of all sides to a matter
must not occur. In the event it occurs, the parties involved must,
at the next public meeting, place on the record the substance of what
was discussed. Such information must be available to any interested
side to a matter.
C.
As provided for in NYS Town Law § 271(7)a and in Town of Gardiner §§ 43-1 through 43-7, annual, four-hour minimum education requirements are established. It is the responsibility of the Chairperson to approve course selections for members, serve notice to members failing attendance or educational requirements, and to provide the Town Board with a report on attendance and continuing education requirements for each member 30 days in advance of the Town Board's annual organizational meeting.
