Marlborough City Zoning Code
CHAPTER 33
Planning Board
§ 33-1 Establishment; membership; purpose.
[Amended 11-24-2014 by L.L. No. 2-2014; 8-10-2015 by L.L. No. 2-2015]
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.
Terms.
[Amended 2-22-2021 by L.L. No. 1-2021]
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.
The terms of office of members of the Planning Board shall recommence on the effective date of this subsection and expire as follows:
The term of one member shall expire on December 31, 2021.
The term of one member shall expire on December 31, 2022.
The term of one member shall expire on December 31, 2023.
The terms of two members shall expire on December 31, 2024.
The terms of two members shall expire on December 31, 2025.
The persons appointed for the foregoing terms shall be designated by the Town Board.
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.
§ 33-2 Compensation.
The members of the Planning Board shall receive such compensation as provided by the Town Board.
§ 33-3 Training and attendance requirements.
[Added 9-28-1998 by L.L. No. 3-1998[1]]
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.
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.
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.
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]
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]
All training provided pursuant to this section shall be at Town expense.
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]
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.
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.