[HISTORY: Adopted by the Town Board of the Town of East Fishkill
8-8-1974 as Ch. 19 of the 1974 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 hereinafter
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 this Board.
[Amended 6-24-1993 by L.L.
No. 2-1993[1]]
A.
The Planning Board shall exercise all powers conferred
upon it by the provisions of the Town Law and Highway Law and shall pass upon
all matters which may be referred to it from time to time by resolution of
the Town Board.[2]
[2]
Editor's Note: By resolution 1-11-1973 the Planning Board was also
given the power to approve preliminary plats in the Town of East Fishkill.
Said resolution read, in part, as follows:
"WHEREAS, because of an amendment to Section 276 of Town Law, effective
January 2, 1973, the Town of East Fishkill 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 East Fishkill Planning Board shall have
the power to approve preliminary plats within the Town of East Fishkill outside
the limits of any incorporated city or village in accordance with the requirements
of Sections 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 24th of March 1958; 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. It shall conduct
hearings and perform its duties in accordance with such procedures as provided
in Article 16 of the Town Law and acts amendatory thereto, and in accordance
with the laws, rules and regulations of the Town of East Fishkill.
B.
Training requirements.
(1)
Within the first two years after initial appointment,
a Planning Board member shall attend a training program at an appropriate
level relating to the duties of Planning Board members, approved in the manner
herein provided.
(2)
All other Planning Board members shall attend training
programs at an appropriate level during their term of office, approved in
the manner herein provided.
(3)
After discussion and consultation with the Planning Board Chair, the Town Board shall establish, by resolution, a list of approved programs and the required minimum hours of attendance, to satisfy the requirements of Subsection B(1) and (2). The Town Board may, from time to time, modify and amend the list of approved programs by resolution, after discussion and consultation with the Planning Board Chair.
(4)
The Town Board shall chose programs which relate to the
duties of Planning Board members. These may include courses, workshops or
training programs sponsored by groups such as the New York State Association
of Towns, the New York State Department of State or certified training providers,
the New York State Department of Environmental Conservation, the Dutchess
County Planning Federation, the Westchester County Planning Federation, the
New York State Planning Federation, or other appropriate entities.
(5)
All training provided pursuant to this section shall
be at Town expense.
(6)
By December 31 of each year, members of the Planning
Board shall file with the Town Clerk proof of attendance at any training programs
required by this section.
(7)
Noncompliance with minimum requirements relating to training
shall be deemed a proper cause for removal from office. A Planning Board member
who fails to attend the programs as provided in this section and specified
pursuant to the resolutions promulgated thereunder, shall be subject to removal
following the procedures set forth in Town Law § 271.
The Town Clerk of the Town of East Fishkill shall file with the Clerk
of the County of Dutchess a certificate certifying that the Planning Board
of the Town of East Fishkill 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 12-10-1992 by L.L.
No. 8-1992; amended 6-24-1993 by L.L.
No. 3-1993]
The Town Board shall appoint each of the seven members of the Planning
Board for a term of four years. All appointments made after the effective
date of this section shall be for a four-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. If such a vacancy occurs during the term of a person
holding office on the effective date of this section, such remaining term
may be longer than four years.
[Added 2-26-2004 by L.L. No. 3-2004]
A.
ALTERNATE VOTING MEMBER
PLANNING BOARD or BOARD
REGULAR PLANNING BOARD MEMBER or PLANNING BOARD MEMBER
Definitions. As used in this section, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board to serve as a Planning
Board member, with respect to one or more particular applications or matters,
upon the designation of the Chair or Acting Chair of the Planning Board, when
a regular Planning Board member is unable to participate or vote on an application
or matter before the Board because such regular Planning Board member has
determined that recusal is appropriate based upon a conflict of interest or
to avoid even an appearance of impropriety; or is absent from a meeting, whether
by reason of illness, vacation, seasonal or temporary relocation, work assignment,
or other cause.
[Amended 2-26-2004 by L.L. No. 5-2004]
The Planning Board of the Town of East Fishkill as established by
the Town Board, pursuant to the provisions of § 271 of the Town
Law.
An individual appointed by the Town Board to serve on the Planning Board pursuant to the provisions of § 271 of the Town Law and § 33-5 of the Town of East Fishkill Code.
B.
The Town Board may appoint one or more alternate voting
members of the Planning Board. Each such alternate voting member shall serve
for a term of four years.
C.
All provisions of New York State law relating to Planning
Board member eligibility, vacancy in office, removal, compatibility of office,
and service on other boards, and any provisions of any local laws relating
to training, continuing education, compensation and attendance, shall also
apply to alternate voting members. Upon appointing an alternate voting member,
the Town Board shall review the background of any appointee and may, in its
discretion, require that such appointee complete specified training prior
to any designation to serve as an alternate voting member, or within a specified
time thereafter.
D.
The Planning Board Chair, or acting Chair, shall designate
an alternate voting member to serve in the place of a regular Planning Board
member in the following circumstances, and for the following periods:
[Amended 2-26-2004 by L.L. No. 5-2004]
(1)
When a regular Planning Board member has recused himself
with respect to a matter, constituting one or more particular applications
before the Board, the Planning Board Chair, or acting Chair, shall designate
an alternate voting member to serve in such regular member's place throughout
the entire remaining period of the Planning Board's review, consideration,
and voting, until the matter is concluded.
(2)
When a regular Planning Board member is absent from a
meeting, whether by reason of illness, vacation, seasonal or temporary relocation,
work assignment, or other cause, the Planning Board Chair, or acting Chair,
shall designate an alternate voting member to serve in the place of such regular
Planning Board member until the regular Planning Board member returns to service
on the Board.
E.
The Planning Board Chair or Acting Chair shall designate alternate voting members to serve as needed. In situations where there is more than one eligible alternate voting member, the designation shall take place by lot. At the time of designation of an alternate voting member, the Chair, or acting Chair, shall specify the name of any application or matter for which the designated alternate voting member will serve. The Clerk of the Planning Board shall enter the designation of any alternate voting member or members into the minutes of the meeting at which the designation is made. Where an alternate voting member is designated to serve in the event of an absence under Subsection D(2), the Chair, or Acting Chair, may simply state that the alternate voting member is designated to sit on all matters on the agenda for the meeting, rather than naming each matter individually.
[Amended 2-26-2004 by L.L. No. 5-2004]
F.
Upon appointment by the Town Board, any alternate voting member shall attend the regular and special Planning Board meetings, on the same basis as regular members, but shall participate in discussion, deliberation and voting on the Planning Board only upon being designated by the Planning Board Chair or Acting Chair to serve, as set forth in Subsection E. Upon designation by the Chair or Acting Chair, the alternate voting member shall possess all the powers and responsibilities of a regular Planning Board member for the period of time for which such alternate voting member serves, with respect to any application or matter for which such alternate voting member has been designated.
G.
Prior to deliberating or voting on a matter wherein the
alternate voting member has not been present for all of the Planning Board
meetings or hearings relating to such matter, the alternate voting member
shall become familiar with the Planning Board's records relating to same,
including the application, the environmental documents, and any other documents
in the Planning Board files, such as minutes of meetings and hearings. Prior
to voting on any such matter or application, the alternative voting member
shall set forth on the record the manner in which such member has become familiar
with the record before the Board.
H.
This section shall not be deemed to require the appointment
of alternate voting members by the Town Board, nor shall it be deemed to impair
or restrict the authority of the Town Board to remove members of the Planning
Board for cause.
I.
It is the intention of this section that Planning Board
members will recuse themselves at the earliest possible time when a conflict
of interest or appearance of impropriety has arisen, and that the Planning
Board Chair or Acting Chair will thereupon immediately notify the Town Board
and designate an alternate voting member at the earliest possible time after
a recusal has taken place. However, in the case of any pending applications
or matters, where Planning Board members have already made recusals, and it
has not previously been possible to designate alternative voting members because
this section was not yet enacted, the Planning Board Chair, or Acting Chair,
shall designate the alternative Planning Board member or members at the earliest
possible time, so that the Planning Board will be able to conduct its business
with a full complement of members on all pending matters and applications.
