[HISTORY: Adopted by the Town Board of the
Town of Marilla 5-11-2000 by L.L. No. 1-2000 (Ch. 44 of the 1999
Code); amended in its entirety at time of adoption of Code (see Ch.
1, General Provisions, Art. I). Subsequent amendments noted where
applicable.]
A.Â
The Planning Board shall consist of seven members
and up to three alternate members appointed by the Town Board, who
shall be constituted and empowered as set forth in § 271
of the Town Law, as amended from time to time, with the following
exception: the alternate members shall also be authorized to participate
not only in situations where a regular member of the Planning Board
has a conflict, as provided for in § 271 of the Town Law,
but also where a Planning Board member is absent for any other reason.
All alternate members shall be entitled to participate in deliberations,
but the Chairman of the Planning Board shall designate at the beginning
of the meeting as to which alternate member or members shall be entitled
to vote if more alternate members are present than regular members
are absent.
[Amended 4-8-2010 by L.L. No. 5-2010]
B.Â
The Town Board, as a condition of appointment, requires
each Planning Board member, including alternate members, to complete
the training and continuing education requirements as set forth in
the Town Law together with any additional training requirements adopted
by the Town of Marilla.
[Amended 4-8-2010 by L.L. No. 5-2010]
C.Â
The members shall be compensated at the rate established
by the Town Board by resolution from time to time.
D.Â
In addition, the Town Board shall provide for compensation
to be paid to experts, clerks and a secretary to be appointed by the
Town Board and provide for such other expenses as may be necessary
and proper, not exceeding in all the appropriation that is made in
the budget for the Planning Board in that fiscal year by the Town
Board.
[Amended 4-8-2010 by L.L. No. 5-2010]
The terms of office of the seven regular members
shall be as set forth in § 271 of the Town Law. The alternate
members of the Planning Board shall be appointed for terms as specified
by the Town Board at the time of their appointment. The provisions
for removal from office shall be those specified in Local Law No.
4 of the year 2010, entitled "Local Law Establishing Training Standards
for Planning Board and Zoning Board of Appeals Members of the Town
of Marilla."
[Amended 4-8-2010 by L.L. No. 5-2010]
Each member appointed to the Planning Board,
including the alternate members, shall be required to attend at least
75% of the regularly scheduled meetings of the Planning Board and
shall not fail to attend more than three consecutive regularly scheduled
meetings in any calendar year. Failure to meet these attendance standards
shall be grounds for removal by the Town Board.
The Town Board shall designate a member of the
Planning Board to act as Chairman thereof but in the absence of the
Chairman, the Planning Board may designate a member to act as Chairman.
[Amended 4-8-2010 by L.L. No. 5-2010]
The Planning Board shall have the powers and
duties as set forth pursuant to §271 of the Town Law, but the
alternate Planning Board members shall be entitled to participate
not only when one or more of the regular members has a conflict but
also when one or more of the regular members are absent for any reason.
Meetings of the Planning Board shall be held
at the call of the Chairman and at such other times as the Planning
Board may determine. All meetings shall be open to the public to the
extent provided in Article 7 of the Public Officers Law of the State
of New York. Such Board shall keep minutes of its proceedings showing
the vote of each member upon every question or, if absent or failing
to vote, indicating such fact, and shall also keep records of its
examinations and other official actions. Upon a hearing, any party
may appear in person or by agent or by attorney.
