[Amended 11-9-2009 by L.L. No. 8-2009]
Pursuant to §§ 271 through 283
of the Town Law, the Town Board may appoint a Planning Board of five
or seven members and designate a Chairman thereof. Terms of office
and powers and duties of Planning Board members shall be as provided
by law and by this article, including the employment of experts and
clerical personnel, according to § 271 of the Town Law,
to aid in the performance of its duties.
[Added 11-9-2009 by L.L. No. 8-2009[1]]
The Town Board shall fix the compensation to be paid to the
members of the Planning Board, if any, on a salary basis or per-meeting
basis as determined by the Town Board.
[1]
Editor's Note: This local law also provided that its
provisions are intended to supersede any inconsistent provisions of
state or local law, including the following sections of New York State
Town Law: §§ 27, Subdivision 1, and 271, Subdivisions
9 and 15.
[Added 11-9-2009 by L.L. No. 8-2009]
Any regular or alternate Planning Board member who fails to attend three consecutive regularly scheduled Planning Board meetings in a calendar year shall be subject to removal from the Planning Board pursuant to § 4-7.4 of this chapter. For the purposes of this section, a regularly scheduled meeting shall be defined as any meeting or workshop scheduled at least 30 days in advance and any site visit scheduled at least two weeks in advance.
[Added 11-9-2009 by L.L. No. 8-2009]
A.
The Town Board may appoint up to two alternate members, with each
such position having a term of one year, for purposes of substituting
for a member(s) in the event such member(s) is absent or unable to
participate because of a conflict of interest. All provisions relating
to members of planning boards, including training, continuing education,
attendance, compensation and removal apply to alternate members.
B.
If a Planning Board member is unable to participate because of a
conflict of interest, the Chairman of the Planning Board shall designate
an alternate member to substitute for the conflicted member on the
particular application or matter before the Board. If a Planning Board
member is absent from a meeting, the Chairman of the Planning Board
shall designate an alternate member to substitute for the absent member
at that particular meeting for all applications and matters before
the Board.
C.
Once designated, the alternate member shall possess all the powers
and responsibilities of the member being substituted for to make determinations.
The minutes of the Planning Board shall reflect the meeting at which
the substitution is made.
[Added 11-9-2009 by L.L. No. 8-2009]
The Town Board shall have the power, after public hearing, to
remove any regular or alternate member of the Planning Board for cause
or for failing to comply with the minimum meeting attendance and training
requirements established herein, by local law, or by the Town Law.
The Planning Board shall, after holding public
hearings as required by law, recommend to the Town Board approval
or disapproval of plats and changes in the Zoning Ordinance.[1] The Town Board shall have final jurisdiction in such matters,
but shall not take final action until the Planning Board has made
its final report thereon. However, if the Planning Board has not made
its final report thereon within 30 days from the date of reference
thereto, the Town Board may proceed to final action without such report.
