[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 8-15-2001
by L.L. No. 6-2001. Amendments noted where applicable.]
The Town Planning Board appointed by authority of the Town 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 appropriation that may be made for such Board.
The Town 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 Town Planning Board shall have and exercise the following
powers and duties:
(1)
To approve all plats of subdivision showing lots, blocks
or sites, with or without streets or highways, within the Town.
(2)
To pass upon and approve the development of plats already
filed in the office of the Clerk of Dutchess County if such plats are entirely
or partially undeveloped.
(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.
B.
The Town 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. It shall conduct hearings and perform its duties in accordance
with such procedure as is provided in §§ 271 to 281, inclusive,
of the Town Law and acts amendatory thereof.
[Added 12-30-2004 by L.L. No. 4-2004]
A.
Intent. The Town Board of the Town of Pleasant Valley hereby
enacts this section to provide a process for appointing alternate members
of the Planning Board. These individuals would serve when members must be
absent or are unable to participate on an application or matter before the
Board due to a conflict of interest or otherwise.
B.
ALTERNATE MEMBER
Definitions. As used in this section, the following terms shall
have the meanings indicated:
An individual appointed by the Town Board available for service when
a regular member of the Planning Board requires a leave of absence or is unable
to participate on an application or matter before the Board due to a conflict
of interest or otherwise, as provided herein.
C.
Number and term of alternate members. In accordance with Town
Law § 267, the Town Board of the Town of Pleasant Valley is authorized
to appoint, by resolution, two alternate members to the Planning Board for
a term of two years, with their terms to expire on December 31 of the second
year after the date of their appointment. Vacancies that occur other than
by expiration of the term should be filled for the current period term order.
D.
Designation of an alternate member.
(1)
The Chairperson of the Planning Board may designate an alternate
member to substitute for a member when such member is absent or is unable
to participate on an application or matter before his Board. When so designated,
the alternate member shall possess all of the powers and responsibilities
of such member of the Board. The alternate member shall not otherwise have
the ability to participate in the deliberative process of the Board. Such
designation shall be entered into the minutes of the first meeting of the
Planning Board at which the substitution is made.
(2)
Provided that all other requirements of this section are satisfied,
the designation of an alternate member to serve as a member may be made for
a particular meeting or meetings, or for a specified period of time, but no
event beyond the duration of the alternate member's appointment as an alternate
member. The designation to substitute shall take place only when a regular
Board member in whose place the alternate member shall act is absent or otherwise
unable to serve as specified herein.
(3)
Upon the return of an absent regular member or the resumption
of the regular member's ability to serve, the alternate member shall automatically
resume his/her status as an alternate member and shall no longer be allowed
to vote on Board affairs. The alternate member shall remain eligible to substitute
in the future for the same or other regular members, subject to the same requirements
of eligibility set forth herein, including redesignation as an acting member
of the Board.
E.
Duties and responsibilities of alternate members. All provisions
of state law relating to the Planning Board member eligibility, vacancy in
office, removal, compatibility of office and service on other boards, as well
as any provisions of a local law/local ordinance relating to training, continuing
education and attendance, shall also apply to alternate members.
The Town Clerk of the Town shall file with the County Clerk of the County
of Dutchess a certificate, certifying that the Town Planning Board of the
Town has been authorized to approve all plats of subdivisions in accordance
with the provisions of § 276, as amended, of the Town Law.
