[HISTORY: Adopted by the Town Board of the
Town of Marlborough 3-28-1977 by L.L. No. 3-1977 as Ch. 27, Art. I,
of the 1976 Code of the Town of Marlborough; amended in its entirety
8-22-1994 by L.L. No. 2-1994. Subsequent amendments noted where applicable.]
[Amended 11-24-2014 by L.L. No. 2-2014; 8-10-2015 by L.L. No. 2-2015]
A.Â
The Town
Board of the Town of Marlborough, in accordance with § 271(1)
of the Town Law of the State of New York, is authorized to appoint
a Planning Board of seven members to: a) recommend to the Town Board,
upon request of the Town Board, such action as may be advisable to
further the orderly development of the Town of Marlborough; and b)
carry out such administrative reviews, and to make such administration
determinations, as may be delegated to the Planning Board by local
law or ordinance of the Town of Marlborough.
B.Â
Terms.
[Amended 2-22-2021 by L.L. No. 1-2021]
(1)Â
The
purpose of this subsection is to increase the membership of the Town
of Marlborough Planning Board from five members to seven members,
each of whom shall serve a term which ends at the end of the calendar
year.
(2)Â
The
terms of office of members of the Planning Board shall recommence
on the effective date of this subsection and expire as follows:
(a)Â
The
term of one member shall expire on December 31, 2021.
(b)Â
The
term of one member shall expire on December 31, 2022.
(c)Â
The
term of one member shall expire on December 31, 2023.
(d)Â
The
terms of two members shall expire on December 31, 2024.
(e)Â
The
terms of two members shall expire on December 31, 2025.
(3)Â
The
persons appointed for the foregoing terms shall be designated by the
Town Board.
(4)Â
At the
expiration of the term of each member, such member shall be reappointed
or his or her successor shall be appointed for a term of five years.
Each incumbent member of the Planning Board whose term of office was
shortened by the Town Board in accordance with this subsection and
who has informed the Town Board in writing that he or she wishes to
continue in office following the expiration of his or her shortened
term and who is in good standing at the time of the expiration of
his or her shortened term will be exempt from the provisions of the
Town of Marlborough Appointed-Person Interview and Appointment Procedure
adopted on September 22, 2008, which procedure shall be waived in
connection with the reappointment of each such incumbent member for
a successive five-year term.
The members of the Planning Board shall receive
such compensation as provided by the Town Board.
[Added 9-28-1998 by L.L. No. 3-1998[1]]
A.Â
Within one year after initial appointment, a Planning
Board member shall attend a training program at an appropriate level
relating to the duties of Planning Board members, approved in the
manner herein provided.
B.Â
All other Planning Board members shall attend training
programs within one year of the date of the effect of this section,
approved in the manner herein provided.
C.Â
All Planning Board members, after the first year of
the enactment of this section or after a member's initial appointment,
shall attend annual training programs related to the function of said
Board.
D.Â
After discussion and consultation with the Town Supervisor, the Planning Board Chairperson shall advise Planning Board members of approved programs to satisfy the requirements of Subsections A, B and C. Planning Board members shall be required to attend an annual minimum of three hours of training program(s) per year. The Planning Board Chairperson shall, from time to time as appropriate, consult with the Town Supervisor and advise Planning Board members of the availability of additional programs as they arise.
[Amended 10-9-2001 by L.L. No. 3-2001]
E.Â
The Planning Board Chairperson shall choose programs
which relate to the duties of Planning Board members. These may include
courses, workshops or training programs sponsored by groups such as
the New York State Association of Towns, the New York State Department
of State, certified training providers, the New York State Department
of Environmental Conservation, the Ulster County Planning Department,
the New York State Planning Federation or other appropriate entities
as designated by the Planning Board Chairperson in consultation with
the Town Supervisor.
[Amended 10-9-2001 by L.L. No. 3-2001]
F.Â
All training provided pursuant to this section shall
be at Town expense.
G.Â
The Planning Board Chairperson shall cause notice
of Planning Board members' compliance with these requirements to be
entered into the minutes of the Planning Board as the official record
of the Planning Board. The Planning Board Chairperson may require
proof of attendance.
[Amended 10-9-2001 by L.L. No. 3-2001]
H.Â
Each Planning Board member shall be required to attend
75% of any and all regularly scheduled Planning Board meetings and
work sessions each year and 75% of any and all special meetings called
by the Planning Board. Attendance at any training program does not
count toward attendance at or for a Planning Board meeting, work session
or special meeting.
I.Â
Noncompliance with minimum requirements relating to
training and/or attendance shall be deemed a proper cause for removal
from office. A Planning Board member who fails to attend the programs
as provided in this section or who fails to meet the minimum attendance
requirement as provided in this section and specified pursuant to
the resolutions promulgated thereunder shall be subject to removal
following the procedures set forth in Town Law § 271.
[1]
Editor's Note: This local law also provided
that a Board member's ability to serve or the validity of said member's
actions would not be affected by said member's failure to attend necessary
training programs, required meetings, work sessions or special meetings.
Said local law also provided that the Town Board, upon application
of a Board member, may, for good cause shown, waive the training and/or
attendance requirement for any one year, but shall not grant such
a waiver to any Board member two consecutive years.
