[HISTORY: Adopted by the Town Board of the Town of Coeymans as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-2011 by L.L. No. 2-2011]
This chapter shall be known as "The Powers and Duties of The Planning Board."
This chapter is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and §§ 271 through 281, inclusive, of Town Law.
The purpose of this chapter is to revise and replace Chapter 34, which deals with the powers and duties of the Planning Board, and to provide for the appointment of alternate members to said Board.
As used in this chapter, the following terms shall have the meanings indicated:
- ALTERNATE MEMBER
- An individual appointed by the Town Board to serve on the Town Planning Board when a regular member is absent or unable to participate on an application or matter before the Planning Board as provided herein.
- PLANNING BOARD
- The Planning Board of the Town of Coeymans established by the Town Board pursuant to the provisions of Town Law.
- REGULAR MEMBER
- An individual appointed by the Town Board to serve on the Town Planning Board pursuant to the provisions of this chapter.
[Amended 2-10-2014 by L.L. No. 3-2014]
There shall be a continued Planning Board of the Town of Coeymans, appointed by the Town Board. Each member of the current Planning Board was appointed based on the seven members, of which one member's term expires per year for the next seven consecutive years. There are currently two vacant positions on the existing Board. The next member's term is to expire on December 31, 2014. A member shall be appointed to fill the remaining vacant term to expire on December 31, 2019. Each member thereafter shall be appointed for five-year terms consecutively. This is intended to meet the requirements of Town Law § 271 for decreasing membership.
Editor’s Note: This local law provided for conflicts of law as follows: “Whenever any Local Law (Chapter), Ordinance or Regulation of the Town of Coeymans, County of Albany, State of New York, or United States of America is inconsistent with this Local Law (Chapter), whichever Local Law (Chapter), Ordinance or Regulation is more stringent shall supersede the less stringent Local Law (Chapter), Ordinance or Regulation.”
The Town Board shall designate a regular member of said Planning Board to act as Chairperson thereof.
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 made for the Planning Board by the Town 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 subject to the approval of the Town Board.
The Planning Board shall have and exercise the powers and duties as follows:
To prepare and change a Comprehensive Plan for the development of the entire area of the Town of Coeymans outside of the limits of the Incorporated Village of Ravena and to make investigations and reports relating to the planning of the Town and its future growth and affording adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population.
To approve all plats showing any streets or highways within that part of the Town outside of the limits of the Incorporated Village of Ravena.
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.
To approve or disapprove the laying out of, closing off or abandonment of such streets, highways or public areas under and subject to the provisions of the Town and Highway Laws.
Simultaneously with the approval of any such plat, to confirm and make changes in the zoning regulations applicable to the land included in any such plat, in accordance with the provisions of § 281 of the Town Law and amendments thereto.
To exercise all other powers conferred upon it by the provisions of the Town Law and to 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 provided in §§ 272 through 281, inclusive, of the Town Law.
The Town Clerk of the Town of Coeymans shall file with the Clerk of the County of Albany a certificate certifying that the Planning Board of the Town of Coeymans has been authorized to approve plats showing new streets or highways in accordance with the provisions of § 278, as amended, of the Town Law.
The Town Board of the Town of Coeymans establishes this process for appointing "alternate" members of the Planning Board. These individuals would serve when regular members are absent or unable to participate on an application or matter before the respective board.
Alternate members of the Planning Board shall be appointed by the Town Board for a one-year term.
The Chairperson of the Planning Board may designate an alternate member to substitute for a regular member for any application, matter, or period of time such member is absent or unable to participate on an application or matter before the board. When so designated, the alternate member shall possess all the powers of a regular member of the board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
Any discussion or determination of the Planning Board, which includes the vote of one or more alternate Planning Board members, shall have equal force and effect as determinations made solely by a vote of the regular members of said Planning Board.
All provisions of state law relating to 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, compensation and attendance, shall apply to alternate Planning Board members.
If any provisions of this chapter are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall remain in effect.
Chapter 34 of the Code of the Town of Coeymans is hereby repealed and replaced with this chapter.
This chapter shall take effect 20 days after it is filed as provided in § 27 of Municipal Home Rule Law.
[Adopted 2-25-2016 by L.L. No. 1-2016]
The Town Board has determined that it would be beneficial for the Planning Board to have seven members rather than five members, and an increase in the membership of the Planning Board is specifically authorized under New York Town Law. This article is adopted pursuant to Town Law § 271(6) and Municipal Home Rule Law § 10.
The membership of the Town of Coeymans Planning Board is hereby increased from five members to seven members. The additional members shall be appointed by Resolution of the Town Board. The initial term of one new member shall be six years and the initial term of the second new member shall be seven years, so that the terms of all Planning Board members expire at the end of seven successive calendar years. The new members shall not take part in the consideration of any matter for which an application was on file with the Planning Board at the time of his or her appointment.
Except as set forth in § 34-16 above, the term of all members hereafter appointed to the Planning Board shall be seven years.
All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this article are hereby repealed. In particular, the portion of the local law or ordinance originally creating the Planning Board which specified that the Planning Board would consist of five members is superseded by this article