[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 7-2-1975 by L.L. No. 4-1975 (Ch. 16 of the 1974
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Architectural Historic Review Board — See
Ch. 25.
Planning Board — See Ch. 41.
Certification of Planning Board and Board of Appeals members — See Ch. 42.
Building construction administration — See Ch. 109.
Zoning — See Ch. 290.
Board of Appeals rules — See Ch. A295.
[1]
Editor's Note: The title of this chapter was changed from
"Planning and Development Department" to "Planning Department" 12-20-2012
by L.L. No. 7-2012.
[Amended 12-20-2012 by L.L. No. 7-2012]
This chapter shall be cited as the "Department
of Planning of the Town of Clarkstown."
A.
The planning functions of the Town of Clarkstown are
exercised in four major areas:
(1)
Comprehensive planning on a Town-wide basis, including
periodic revision of the Town Comprehensive Plan and preparation of
sub-area plans in response to specific studies and needs.
[Amended 12-20-2012 by L.L. No. 7-2012]
(2)
Technical review of site plans, subdivision applications,
special permit applications, proposed amendments to the Zoning Ordinance[1] and Official Map, applications to the Zoning Board of
Appeals and other planning matters submitted for decision to the agencies
and boards of the Town of Clarkstown.
(3)
Planning coordination with federal, state, county
and Town agencies whose actions affect the planning and development
of the Town of Clarkstown.
(4)
Analysis of federal and state programs available to
the Town for planning and development purposes and the processing
of applications to take part in said programs.
[Amended 12-20-2012 by L.L. No. 7-2012]
B.
The Town Board of the Town of Clarkstown believes
that these four functions can best be performed and coordinated by
establishing a planning department.
[Amended 12-20-2012 by L.L. No. 7-2012]
A.
In order to carry out the intent of this chapter,
there is hereby created, pursuant to the Municipal Home Rule Law of
the State of New York, a Department of Planning, hereinafter referred
to as the "Department."
[Amended 12-20-2012 by L.L. No. 7-2012]
B.
The Department shall carry out the staff planning
functions, including but not limited to the following duties:
(1)
Together with the Technical Advisory Committee (described
below), evaluation of the technical adequacy of applications made
to the Planning Board of the Town of Clarkstown.
[Amended 12-20-2012 by L.L. No. 7-2012]
(2)
Planning evaluation of all applications made to the
Planning Board as well as those referred by the Town Board or Zoning
Board of Appeals of the Town of Clarkstown.
[Amended 12-20-2012 by L.L. No. 7-2012]
(3)
Evaluation of the planning implications of a particular
application upon the entire Town.
(4)
Preparation of planning studies, maps, geographic
analyses and illustrative materials for the Town agencies involved
in the planning function of the Town.
[Amended 12-20-2012 by L.L. No. 7-2012]
(5)
Provision of professional assistance to the Town of
Clarkstown (e.g., Town Board, Planning Board or Special Board) in
the preparation and/or periodic revision of the Town's Comprehensive
Plan.
[Amended 12-20-2012 by L.L. No. 7-2012]
(6)
Appearances before federal, state and county agencies
in support of or in opposition to programs and decisions by these
bodies which affect the planning and development of the Town of Clarkstown.
(7)
Analysis of federal and state programs for the preparation
of applications for grants-in-aid to or participation in said programs
by the Town of Clarkstown.
[Amended 12-20-2012 by L.L. No. 7-2012]
[Amended 12-20-2012 by L.L. No. 7-2012]
The Principal Planner shall be known as the
"Director of Planning," hereinafter also referred to as the "Planning
Director."
The Planning Director shall be the administrative
head of the Department. He shall be responsible to the Town Board
of the Town of Clarkstown and the Supervisor and shall exercise the
functions and authority hereinafter specified:
A.
The planning, organization, direction and review of
administrative procedures necessary for the operation of the Department
and the adoption of rules and regulations governing the procedures
of the Department, with the approval of the Town Board.
B.
The exercise of all powers necessary to perform the
duties and functions of the Department as set forth in this chapter.
C.
The exercise of all powers and the performance of
such other and related duties as shall be required or delegated to
him by the Supervisor, Town Board or any applicable state and local
laws, ordinances, regulations or resolutions.
D.
Informing the Supervisor and appropriate enforcement
officers whenever the Planning Director has information from a Town
department or any other source that an approved site plan, subdivision
or special permit is not being maintained, developed or operated as
required by the terms of the approval or law.
[Amended 12-20-2012 by L.L. No. 7-2012]
E.
The supervision of Planning Department staff and any
other planners in the Department.
[Amended 12-20-2012 by L.L. No. 7-2012]
F.
Informing the Supervisor and appropriate enforcement
officers whenever the Planning Director has information from a Town
department or any other source that an approved site plan, subdivision
or special permit is not being maintained, developed or operated as
required by the terms of the approval or law.
[Amended 12-20-2012 by L.L. No. 7-2012]
The Planning Board office, with its present existing functions
related to the Planning Board, is hereby transferred in its entirety,
including all employees, property, equipment and budgetary appropriations,
to the Department of Planning. All employees shall retain their same
classifications, pensions and retirement rights and privileges as
they had immediately prior to such transfer; provided, however, that
nothing herein contained shall be construed to deprive the Town Board
of any power it now has with respect to any such employees in the
Town of Clarkstown. Each and every employee's civil service status
shall not be jeopardized by any rewording and/or change brought about
by this chapter.
[Amended 9-11-1991 by L.L. No. 6-1991; 12-20-2012 by L.L. No.
7-2012]
A.
The Technical
Advisory Committee (TAC) shall consist of the Director of Planning
and designees from the following departments: Engineering and Facilities
Management, Building, and Town Attorney. The Planning Director shall
serve as Chairman of the Technical Advisory Committee and designate
staff to record minutes of all meetings. In the absence of the Planning
Director, the Director shall designate a member of TAC to serve as
Chairman.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.
The Technical
Advisory Committee shall evaluate the technical adequacy of all site
plan, subdivisions and Planning Board special permit applications
or any other matters which may be referred by the Town Board from
time to time. After its review, the TAC shall notify the applicant
and the appropriate agency, board, commission or department, on a
form prepared by the Department, that the application does conform
to applicable rules, regulations, laws and ordinances and that the
items shall be agendaed by the appropriate agency. In the event that
the application does not so conform, the TAC shall notify the applicant
and the appropriate agency, board or department of the nonconformance.
C.
The TAC
shall not have the ability to approve, approve with conditions or
disapprove Planning Board applications, which are the exclusive powers
of the Planning Board. The TAC shall not have the authority to add,
remove or otherwise change conditions established by the Planning
Board as a part of an approval nor shall it modify a site plan or
subdivision plat approved by the Planning Board. The TAC shall also
review subdivisions, site plans and Planning Board special permits
after final approval by the Planning Board to confirm whether conditions
imposed have been satisfied prior to the Planning Board Chairman's
endorsement.
[Amended 12-20-2012 by L.L. No. 7-2012]
A.
All applications
and referrals to the Planning Board for site plans, subdivisions,
and special permits (excluding any such permits required by law or
ordinance to be granted or approved by the Town Board and/or the Zoning
Board of Appeals) shall be filed with the Secretary of the Planning
Board.
B.
All applications
shall be attached to a form prepared by the Department, and such applications
shall comply with requirements of all other agencies, boards, commissions
and departments. In the event that said application is incomplete
or erroneous, the application shall be returned to the applicant for
correction.
Nothing contained in this chapter shall be construed
as authorizing the Department to supersede, abrogate or otherwise
affect the statutory authority granted by the Town Law or other laws
of the State of New York to any board or commission.
