[HISTORY: Adopted by the Town Board of the Town of Union Vale as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-1962;
amended 12-10-1979 by L.L. No. 3-1979
(Ch. 16 of the 1983 Code)]
[Amended 6-12-2003 by L.L.
No. 4-2003]
There shall be a Planning Board for the Town of Union Vale, Dutchess
County, New York consisting of seven members and not more than two alternates
who are Town residents appointed according to the requirements of Article
16 of the Town Law.
[Amended 6-12-2003 by L.L.
No. 4-2003]
The terms of office of the members first appointed shall be as follows:
one for one year, one for two years, one for three years, one for four years,
one for five years, one for six years, and one for seven years. Thereafter,
upon the expiration of the term of each member, his or her successor shall
be appointed for a term of seven years. The alternate shall serve for a term
of three years.
A.
Pursuant to the above-mentioned Article 16, the Planning
Board is hereby authorized and empowered to approve plats showing lots, blocks
or sites, with or without streets or highways, within the part of said Town
outside the limits of any incorporated village and to pass and approve the
development of plats already filed in the office of the County Clerk if such
plats are entirely or partially undeveloped.
B.
The Planning Board is authorized and empowered to approve
or disapprove:
(1)
Changes in the lines of existing streets, highways and
public areas shown on subdivision plats or maps filed in the County Clerk's
office.
(2)
The laying out, closing off or abandonment of streets,
highways or public areas, under the provisions of Town and highway laws, within
that part of said Town outside the limits of any incorporated city or village.
C.
Pursuant to § 278 of the above-mentioned article, the Planning Board is hereby authorized, simultaneously with the approval of any plat within that part of said Town outside the limits of any incorporated city or village or in that part of said Town described, to modify applicable provisions of Chapter 210, Zoning, subject to the conditions set forth in said section.[1]
[Adopted 5-30-2002 by L.L.
No. 1-2002]
This article shall apply to the appointment, terms, functions and power
of alternate members appointed to serve on the Planning Board and Zoning Board
of Appeals in the Town of Union Vale.
It is sometimes difficult to maintain a quorum on the Planning Board
and the Zoning Board of Appeals because members are ill or on extended vacation
or find they have a conflict of interest situation on a specific matter before
such a Board. In such instances, official business cannot be conducted which
may delay or impede adherence to required time lines. The use of alternate
members in such instances is hereby authorized pursuant to the provisions
of this article.
As used in this article, the following terms shall have the meanings
indicated:
An individual appointed by the Town Board to serve on such Planning
Board or Zoning Board of Appeals when a regular member thereof is unable to
participate on an application or matter before the respective board, as provided
herein.
An individual appointed by the Town Board to serve on the Town Planning
Board or Zoning Board of Appeals pursuant to the provisions of the local law
or ordinance first establishing such Planning Board or Zoning Board of Appeals.
The Planning Board of the Town of Union Vale as established by the
Town Board pursuant to the provisions of § 271 of Town Law.
The Zoning Board of Appeals of the Town of Union Vale as established
by the Town Board pursuant to the provisions of § 267 of the Town
Law.
A.
The Town Board of the Town of Union Vale hereby enacts
this article to provide a process for appointing "alternate" members of Planning
Board and Zoning Board of Appeals. These individuals would serve when members
are absent or unable to participate on an application or mailer before the
respective board.
B.
Not more than two alternate members of the Planning Board
and one alternate member of the Zoning Board of Appeals shall be appointed
by the Town Board for a term of three years with the terms to expire on December
31 of the third year after the date of their appointment.
C.
The Chairperson of the Planning Board or Zoning Board
of Appeals may designate an alternate to substitute for a member when such
member is unable to participate on an application or matter before the board.
When so designated, the alternate member shall possess all the powers and
responsibilities of such member of the Board. Such designation shall be entered
into the minutes of the initial Planning Board meeting or Zoning Board of
Appeals meeting at which the substitution is made and shall be noted in the
minutes of all meetings through which the designation may continue.
D.
All provisions of state law legislation relating to a
Planing Board or Zoning Board of Appeals member's eligibility, vacancy in
office, removal, compatibility of office and service on other boards, as well
as any provisions of any local law or local ordinance which either may now
exist, or may subsequently be adopted, relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
This article is hereby adopted pursuant to the provision of § 10
of the New York State Municipal Home Rule Law and § 10 of the New
York State Statute of Local Governments. It is the intent of the Town Board
pursuant to § 10 of the New York State Municipal Home Rule Law to
supersede the provisions of:
A.
This article shall be deemed to supersede and repeal
any other local laws to the extent therein inconsistent herewith.
B.
Should any part of this article be judicially declared
to be invalid, void, unconstitutional or unenforceable, all unaffected provisions
hereof shall survive such declaration and this article shall remain in full
force and effect as if the invalidated portion had not been enacted.
C.
Nothing herein shall be deemed to be a waiver or restriction
upon any rights and powers available to the Town of Union Vale to further
regulate the subject matter of this article.
