[HISTORY: Adopted by the Town Board of the Town of LaGrange 4-29-1981
by L.L. No. 3-1981 as Ch. 15 of the 1975 Code. Amendments noted where applicable.]
The Planning Board shall have the power and authority to employ experts
and a staff and to pay for their services and such other expenses as may be
necessary and proper, not exceeding the appropriations that may be made for
such Board.
The Planning Board may adopt rules and regulations in respect to procedure
before it and in respect to any subject matter over which it has jurisdiction
under this chapter or any statute, after public hearing by such Board and
subject to the approval of the Town Board.
A.
The Planning Board shall have and exercise the following
powers and duties:
(1)
To make investigations and reports relating to the planning
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.
[Amended 6-22-2005 by L.L. No. 4-2005]
(3)
To approve or disapprove changes in the lines of existing
streets, highways or public areas shown on subdivision plats or maps filed
in the County Clerk's office.
(4)
To approve or disapprove the laying out, closing off
or abandonment of such streets, highways or public areas under and subject
to the provisions of the Town and Highway Laws.
B.
The Planning Board shall also exercise all other powers
conferred upon it by the provisions of the Town Law and shall pass upon all
matters which may be referred to it from time to time by resolution of the
Town Board.[3] It shall conduct hearings and perform its duties in accordance
with such procedure as provided in §§ 272 to 281, inclusive,
of the Town Law and acts amendatory thereof.[4]
[3]
Editor's Note: By resolution of January 8, 1973, the Planning Board
was also given the power to approve preliminary plats in the Town of LaGrange.
Said resolution read in part as follows:
“WHEREAS, because of an amendment to § 276 of Town
Law, effective January 2, 1973, the Town of LaGrange Planning Board requires
specific authority to approve preliminary plats within that part of the Town
outside any incorporated city or village; and
“WHEREAS giving the Planning Board an option to require a subdivider
to submit a preliminary plat is desirable for protection of the public interest
in land subdivision; now therefore be it
“RESOLVED that the Town of LaGrange Planning Board shall have
the power to approve preliminary plats within the Town of LaGrange, outside
the limits of any incorporated city or village in accordance with the requirements
of §§ 276, 277 and 278, Article 16 of the Town Law as amended;
and be it further
“RESOLVED that this authority supplements the authority to approve
plats granted the Planning Board by resolution of March 3, 1955; and be it
further
“RESOLVED that 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 LaGrange in accordance with §§ 276,
277 and 278, Article 16, as amended, of the Town Law.”
[4]
Editor's Note: See now §§ 271 through 281 of the Town
Law.
C.
Training requirements. The State of New York has recognized the
importance of training for members of the Planning Board in § 267
of the Town Law.
[Added 10-23-2002 by L.L. No. 8-2002]
(1)
Each member of the Planning Board shall be required to attend
a minimum of four hours of training relevant to the responsibilities of the
Board within one year of appointment to such Board, and a minimum of four
hours of additional training in each calendar year succeeding the year of
appointment. Prospective Board members shall be advised of these requirements.
[Amended 3-8-2006 by L.L. No. 4-2006]
(2)
Noncompliance with the Town's minimum requirements for training
shall be a proper cause for removal from office pursuant to Town Law § 267(9).
(3)
The costs of training shall be a Town charge, and members of
the Planning Board shall be reimbursed for the cost of the training, provided
such training and attendant costs have been approved in advance by the Town
Board.
(4)
Approved training courses. Training sessions which relate to
the duties of members of the Planning Board may include programs offered by
the New York Department of State, the New York State Association of Towns,
the New York State Department of Environmental Conservation, the Dutchess
County or Westchester County Planning Federations or other appropriate entities.
The Town Board, after consultation with the Chairperson of the Planning Board,
may annually designate training courses which will meet the Town's training
requirements.
(5)
Notwithstanding the foregoing, the failure of a member of the
Planning Board to obtain the required training shall not, absent Town Board
action, affect that member's appointment to serve on the Board, to entertain
and vote on applications or the validity of that member's acts as a Board
member.
The Town Clerk of the Town of LaGrange shall file with the Clerk of
the County of Dutchess a certificate certifying that the Planning Board of
the Town of LaGrange has been authorized to approve plats showing new streets
or highways in accordance with the provisions of § 276, as amended,
of the Town Law.
[Added 1-25-2006 by L.L. No. 2-2006[1]]
A.
The Town Board may appoint up to two alternate members, with
each such position having a term of one year, for the purposes of substituting
for a member(s) in the event such member(s) is absent or unable to participate
because of a conflict of interest. All provisions relating to members of Planning
Boards, including training, continuing education, attendance and compensation,
apply to alternate members.
B.
The Chairman shall determine when an alternate member shall substitute
for a member on any particular application or matter before the Board. Once
designated, the alternate member shall possess all the powers and responsibilities
of the member being substituted for to make determinations. The minutes of
the Planning Board shall reflect the meeting at which the substitution is
made.
[1]
Editor's Note: This local law also stated that its provisions are
intended to supersede any inconsistent provisions of Town Law § 271,
Subdivision 15, governing Planning Boards.
