[HISTORY: Adopted by the Town Board of the Town of Amenia 12-18-2025 by L.L. No. 3-2025.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 24, Planning Board and Zoning Board of Appeals, which consisted of Art. I, Approval of Plats, adopted 1-18-1973, as amended; and Art. II, Training and Attendance Requirements, adopted 6-12-2014 by L.L. No. 1-2014. See now § 121-59, Zoning Board of Appeals.
A. 
There shall be a Town Planning Board appointed by the Town Board, which shall consist of seven members to serve for successive years with their terms to commence and to end as set forth by the Town Board at the time of the appointment of such members.
B. 
No person who is a member of the Town Board shall be eligible for membership on such Planning Board.
C. 
The provisions of this section are determined to be consistent with Town Law. In the event that any provision hereof is held to be inconsistent by any court of competent jurisdiction, this chapter shall supersede such provision of Town Law, including, but not limited to Town Law § 271.
The Town Board shall appoint each of the seven members of the Planning Board for a term of seven years. All appointments made after the effective date of this section shall be for a seven-year term, except as follows:
A. 
Planning Board members in office on the effective date of this section shall continue to hold office until the expiration of their current term, unless removed for cause after public hearing as provided by law.
B. 
If a vacancy shall occur otherwise than by expiration of term, the Town Board shall fill such vacancy by an appointment for the unexpired term remaining.
A. 
The Town Board is authorized and empowered to make such appropriation as it may see fit for Planning Board expenses.
B. 
The Planning Board shall have the power and authority to employ experts and staff and to pay for their services and to provide for such other expenses as may be necessary and proper, not exceeding the appropriations that may be made by the Town Board for the Planning Board.
The Planning Board may adopt rules and regulations with respect to procedures before it and with respect to any subject matter over which it has jurisdiction under this chapter or any statute after public hearing by the Planning Board.
A. 
The Town of Amenia Planning Board shall have the power to approve preliminary plats within the Town of Amenia outside the limits of any incorporated city or village in accordance with the requirements of §§ 276, 277 and 278 of Article 16 of the Town Law, as amended.
B. 
This authority supplements the authority to approve plats granted the Planning Board by the resolution of April 9, 1970.
C. 
The Planning Board shall also exercise all powers conferred upon it by the provisions of the Town Law and shall consider all matters which may be referred to it from time to time by resolution of the Town Board. It shall conduct hearings and perform its duties in accordance with such procedure as provided in §§ 271 to 281, inclusive, of the Town Law and acts amendatory thereof.
This chapter supplements or modifies the authority of the Planning Board to approve subdivision plats and such other matters as have been delegated to it by the Town Board by any earlier resolutions, local laws or ordinances of the Town Board.
The Town Clerk shall file with the Clerk of the County of Dutchess a certificate certifying that said Planning Board has been authorized to review and approve preliminary plats as well as final plats for new subdivisions of land in the Town of Amenia in accordance with §§ 276, 277 and 278 of Article 16, as amended, of the Town Law.
A. 
Alternate members of the Planning Board may be appointed by the Town Board and designated by the Chairperson of the Planning Board in accordance with the provisions of this section when a regular member of the Planning Board is unable to participate on an application or a matter before the Planning Board as set forth herein.
B. 
The Town Board shall appoint two alternate members to the Planning Board, each of whom shall serve for a term of one year as herein described. One alternate member shall be designated as the "first alternate member," and the other alternate member shall be designated as the "second alternate member." The term of any alternate member shall terminate on December 31 in the year of the appointment of that member.
C. 
The Chairperson of the Planning Board may designate the first alternate member to substitute for a member of the Planning Board when such member is unable to participate on an application or matter before the Board due to absence or a conflict of interest or other ethical consideration which results in a recusal of that Board member from acting on the particular application before the Board. If the first alternate member is unable or unwilling to act, the Chairperson of the Planning Board shall designate the second alternate member to act. When so designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. The appointed alternate member shall participate as a member of the Board with respect to the particular application only until final action has been taken on the particular application.
D. 
All provisions of state and local laws relating to Planning Board, including eligibility, training, continuing education, attendance, compensation, vacancy in office, removal, compatibility of office and service on other boards, shall apply to alternate members.
This article is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the 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 relating to the appointment of members to the Town Planning Board.
A. 
Purpose and intent.
(1) 
The Town Board finds that appropriate training and regular attendance of the Planning Board members is essential to the proper functioning of said Board.
(2) 
The Legislature of the State of New York has recognized the importance of training and has established training and attendance requirements in its amendments to the Planning Board statutes as contained in § 271 of the Town Law.
(3) 
It is the purpose of this section to assist the Planning Board members in obtaining appropriate training to enhance their ability to carry out their duties under applicable provisions of law and to pay the reasonable costs of such training as a Town charge.
(4) 
It is also the purpose of this section to establish minimum training and continuing education course requirements for such members in accordance with § 271 of the Town Law.
(5) 
It is the further purpose of this section to establish minimum attendance requirements for such members at meetings to assist in the proper functioning of the Planning Board.
B. 
Minimum training requirements.
(1) 
All members and alternate members, if any (hereinafter referred to as "member" or "members") of the Planning Board shall complete, in accordance with Town Law § 271, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties.
(2) 
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.
(3) 
Noncompliance with these minimum requirements relating to training shall result in the member's ineligibility for reappointment and shall also be deemed a proper cause for removal of a member from office by the Town Board.
(4) 
The reasonable costs of such training courses, seminars, workshops or continuing education courses so designated shall be a Town charge. Members shall also be reimbursed for reasonable mileage expenses or other transportation expenses according to Town policies. Such training sessions shall be approved in advance by the Town Board.
C. 
Approved training courses. Training sessions which relate to the duties of members of the Planning Board may include programs offered by the New York State Department of State, the New York State Association of Towns, the New York State Department of Environmental Conservation, the New York State Planning Federation, the Dutchess County Department of Planning and/or Economic Development, the Dutchess County Cooperative Extension, and other such entities as approved by the Town Board, as well as in-house updates or training seminars or Municipal Law seminars conducted by the attorney(s) for the Town Board, or the attorney(s) for the Planning Board, or by the law firms with which said attorneys are affiliated. Such training may be provided in a variety of formats, including but not limited to electronic media, video, distance learning, and traditional classroom training. The Town Board, after discussion with the Chairperson of the Planning Board, shall annually designate such training courses, seminars, workshops, or continuing education courses which may be offered within a reasonable distance and which may be helpful to or of assistance to the Planning Board members in carrying out their respective functions in a timely, fair and lawful manner.
D. 
Minimum attendance requirements at meetings. In addition to the minimum training requirements set forth above, if any member or alternate member, if any, of the Planning Board shall be absent from three consecutive meetings or from a total of five meetings of the Board on which such member sits in any given calendar year, said member shall be ineligible for reappointment and shall also be subject to removal for cause by the Town Board. Each member of the Planning Board shall notify the Chairperson of the Board or the Secretary thereof as soon as practicable that such member will be absent from any meeting.
E. 
Lack of training or minimum attendance not to affect validity of member actions. Notwithstanding the foregoing, the failure of a member of the Planning Board to obtain such minimum training or to maintain the foregoing minimum attendance at meetings shall not affect the validity of such member's actions or the validity of any decision, order or action of said Planning Board.
A. 
The Chairperson of the Planning Board shall notify the Town Board in writing on or about December 1 in any year of any member or alternate member, if any, who fails to comply with the minimum requirements for training in any calendar year. In the event a member or alternate member of the Planning Board has failed to complete the minimum training requirements set forth above, then the Town Board may remove such member for cause as hereinafter provided. The Chairperson of the Planning Board shall also promptly notify the Town Board in writing at any time that a member of the Board shall fail to maintain the foregoing minimum attendance at meetings, upon which event the Town Board may remove such member for cause as hereinafter provided.
(1) 
Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements.
(2) 
Public hearing. Such notice shall specify a date, not less than 20 nor 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 service on such board. Such notice shall specify the time, date and place of such hearing.
(3) 
Public notice. Public notice of such hearing shall be published in the official newspaper of the Town, at least three days prior to the date of the public hearing.
(4) 
Conduct of hearing. The public hearing on the charges shall be conducted before the Town Board. The member shall be given an opportunity, within the foregoing time constraints, to retain an attorney, present evidence, call witnesses to refute the charges, and cross-examine witnesses. 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 findings shall be filed in the Office of the Town Clerk and mailed to the member.
(5) 
Action by the Town Board. Following the hearing and upon a finding that such member has not met the minimum training and/or attendance requirements established by this section, the Town Board may:
(a) 
Remove such member from the Planning Board; or
(b) 
Issue a written reprimand to such member without removing such member from such Board; or
(c) 
If the Town Board shall find that the reasons for failing to meet the minimum training and/or attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action or to impose a reasonable time for said member to complete the minimum training as herein set forth.
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 § 24-12, Procedure for removal of member, of this chapter shall govern any hearing to remove a member for cause.
A. 
This section shall take effect immediately upon filing with the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.
B. 
This section shall apply to all members and alternate members, if any, of the Planning Board regardless of the dates of their appointment to such Boards.
C. 
Prospective members and alternate members, if any, of the Planning Board shall be notified of the requirements of this section prior to their appointment to such Board.