This chapter shall be known as the "Town of Big Flats Planning Board Law."

(LL No. 1, 2021, § 1)

This chapter is enacted pursuant to Article 16 of the New York State Town Law Section 271 and Municipal Home Rule Law Section 10.

(LL No. 1, 2021, § 1)

This chapter is enacted to establish a planning board for the town for purpose of securing, planning for, and promoting the public health, comfort, convenience, safety, welfare, the environment, appropriate land use, and orderly development in and of the town.

(LL No. 1, 2021, § 1)

There shall be a planning board of seven members, which shall have the powers and duties set forth in Town Law Section 271.

(LL No. 1, 2021, § 1)

A.

Membership on Other Boards. No person who is a member of the town board shall be eligible for membership on the planning board. No person shall be disqualified from serving as a member of the planning board by reason of serving as a member or employee of the county planning board or department.

B.

Attendance and Training. Any planning board member who is absent, without excuse, for more than two consecutive meetings of the board shall be subject to removal for failure to attain minimum attendance requirements. All planning board members shall complete such training requirements, including seminars, conferences, videotapes, audiotapes, or reading, as may be prescribed by the town board by resolution or as required under Article 16 of the Town Law.

(LL No. 1, 2021, § 1)

A.

Appointment. The town board shall appoint the members of the planning board by resolution. the terms of the members of the planning board shall be for seven years.

B.

Vacancies. If a vacancy shall occur otherwise than by expiration of term, the town board shall appoint the new member for the unexpired term of the vacated office.

C.

Alternate Member. Pursuant to Article 16 of the New York State Town Law Section 271(15)(a), the town board shall appoint, by resolution, up to two alternate members to the planning board to substitute for a regular member of the planning board in the event a quorum of the planning board is not attained due to a conflict of interest, illness, or other absence. Such alternate members shall be appointed for one-year terms.

(LL No. 1, 2021, § 1)

A.

All members of the planning board shall be required to attend a minimum of seventy-five (75) percent of their board meetings scheduled within a calendar year.

B.

Noncompliance with minimum requirements relating to attendance at meetings shall be deemed a proper cause for removal from office.

C.

All members of the planning board shall be required to attend a minimum of five hours in relevant courses every calendar year.

D.

Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office.

E.

The costs of such seminars, workshops, or continuing education courses so designated shall be a town charge. Members shall also be reimbursed for travel and meal expenses according to town policies. Such training session shall be approved in advance by the town board.

F.

Training sessions which relate to the duties of members of the planning board may include programs offered by the New York State Department of State, New York State Association of Towns, New York State Department of Environmental Conservation, the Chemung County Planning Department, the New York State Planning Federation, the Southern Tier East Planning and Development Board, and other such entities, as well as in-house updates or seminars. The town board, after discussion with the chairpersons of the planning board, shall annually designate such seminars, workshops, or continuing education courses which may be offered within a reasonable distance and which may be helpful to or of assistance to the planning board in carrying out its functions in a timely, fair, and lawful manner.

(LL No. 1, 2021, § 1)

Notwithstanding the foregoing, the failure of a member of the planning board to attend the required percentage of meetings or obtain such training shall not affect said person's appointment to serve on such board, to entertain applications, to vote on such applications, or the validity of such member's actions.

(LL No. 1, 2021, § 1)

The chairperson of the planning board shall notify the town board in writing on or about December 1 in any year, or at any other time if warranted, of any member who fails to comply with the minimum requirements for meeting attendance and/or training in any calendar year. In the event a member of the planning board has failed to complete the minimum attendance and/or training requirements set forth in this chapter, then the town board may remove such member for cause as herein provided:

A.

Notice. Such members shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements regarding training and attendance.

B.

Public Hearing. Such notice shall specify a date, not less than ten (10) or more than thirty (30) days from the date of mailing such notice, when the town board shall convene and hold a public hearing on whether or not such member should be removed from service on such board. Such notice shall also specify the time and place of such hearing.

C.

Public Notice. Public notice of such hearing shall be published in a paper of general circulation within the town at least ten (10) days prior to the date of the public hearing.

D.

Conduct of Hearing. The public hearing on the charges shall be conducted before the town board. The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the town board shall be reduced to writing, together with specific findings of the town board with respect to each charge against such member. Findings shall be filed in the town clerk's office and mailed to the member within five business days of such filing by certified mail, return receipt.

E.

Action by the town board. Following the hearing and upon a finding that such member has not met the minimum attendance and/or training established by this chapter, the town board may:

1.

Remove such member from the planning board; or

2.

Issue a written reprimand to such member without removing such member from such board; or

3.

If the town board shall find the reasons for failing to meet the minimum meeting attendance and/or training requirements are excusable because of illness, injury, military deployment, or other good and sufficient cause, the town board may elect to take no action.

F.

Nothing contained herein shall be deemed to limit or restrict the town board's authority to remove a member from the planning board for cause (i.e. for other than the reasons enumerated herein). The procedural rules established under this section shall govern any hearing to remove a member for such cause.

(LL No. 1, 2021, § 1)

The town board, by resolution, may provide for compensation to be paid to planning board members.

(LL No. 1, 2021, § 1)

A.

Chairperson. The town board shall, by resolution, designate the chairperson of the planning board. In the absence of a chairperson, the planning board may designate a member to serve as chairperson.

B.

Meetings. All meetings of the planning board shall be held at the call of the chairperson and at such other times as such board may determine. The concurring vote of a majority of the members of the board shall be necessary for the planning board to act.

C.

Oaths. The chairperson, or in absence of the chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses.

D.

Meetings, Minutes, Record. Meetings of the planning board shall be open to the public to the extent provided in Article Seven of the Public Officers Law. The planning 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.

E.

State Environmental Quality Review Act. The planning board shall comply with the provisions of the State Environmental Quality Review Act under Article Eight of the Environmental Conservation Law and its implementing regulations as codified in Title Six, Part 617 of the New York Codes, Rules and Regulations.

F.

Hearings.

1.

Time of Hearing. If a public hearing is required, the planning board shall schedule a hearing of all applications within the time permitted by the applicable ordinance, law, or regulation giving jurisdiction to the board in the manner.

2.

Notice of Hearing. The planning board shall give notice of the hearing in the time and manner as provided by law. The board shall mail notices of the hearing to the parties, and if required by Section 239 of the General Municipal Law of the State of New York, to the county planning board.

3.

Form of Notice. The notice shall state the name of the applicant, the location of the property involved, the general nature of the application involved, and the date, time and place of the hearing sought.

4.

Proceedings. The planning board shall create its own rules and regulations pertaining to the conduct of such public hearings.

5.

General Rules. Any party may appear in person or by agent or attorney.

6.

Oaths. The chairman, or in his or her absence, the acting chairman, may administer oaths.

G.

Procedures. The planning board shall create and adopt its own rules and regulations, subject to the town board's review and approval, concerning the procedures to be utilized for matters submitted to, or reviewed by, the planning board.

(LL No. 1, 2021, § 1)

The planning board shall have all the powers allowed under Article 16 of the New York State Town Law and any provisions of the town code.

(LL No. 1, 2021, § 1)

All other local laws and ordinances of the town inconsistent with the provisions of this chapter are repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this chapter shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this chapter.

(LL No. 1, 2021, § 1)

If any clause, sentence, paragraph, word, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal, or invalid, such judgment shall not affect, impair, or invalidate any paragraph, word, section, or part thereof not directly involved in the controversy in which such judgment shall have been rendered.

(LL No. 1, 2021, § 1)