Milton City Zoning Code
ARTICLE XII
Planning Board
§ 180-73.1 Powers and duties.
A.
The responsibilities of the Planning Board are as follows:
(1)
Reviewing subdivision applications.
(2)
Reviewing site plans.
(3)
Reviewing applications for special use permits.
(4)
Preparation of changes to the Comprehensive Land Use Plan (unless the Town Board creates a separate committee for this purpose) and review of proposed amendments to this chapter.
(5)
Any other matter that the Town Board shall, by amendment to this chapter, decide to vest as responsibilities of the Planning Board.
B.
In carrying out these functions, the Planning Board shall have all of the powers described in § 274-a of the Town Law related to site plan review; § 274-b of the Town Law related to approval of special use permits; and §§ 276, 277, 278 and 279 of the Town Law related to review of subdivision plats.
§ 180-73.2 Creation and appointment.
A.
The Town Board is authorized to create a Planning Board consisting of seven members and shall, by resolution, appoint the members of such Board and designate the Chairperson. In the absence of a Chairperson, the Planning Board may designate a member to serve as Chairperson. 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. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(1)
The Town Board may provide for the compensation of Planning Board members.
(2)
The Town Board may make such appropriation as it may see fit for Planning Board expenses. The Planning Board shall have the power and authority to employ experts, clerks and a Secretary and to pay for their services and to provide for such other expenses as may be necessary and proper.
(3)
The Town Board shall require Planning Board members to complete training and continuing education courses in accordance with the provisions provided below.
B.
Terms of members.
(1)
The terms of members of the Board shall be for terms so fixed that the term of one member shall expire at the end of the calendar year in which such members were initially appointed. The terms of the remaining members shall be so fixed that one term shall expire at the end of each calendar year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term which shall be equal in years to the number of members of the Board.
(2)
Members now holding office for terms which do not expire at the end of a calendar year shall, upon the expiration of their term, hold office until the end of the calendar year and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board.
(3)
If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
C.
Minimum attendance requirements. No Planning Board member shall be absent from more than two meetings in any one calendar year. Meetings shall include regular and special meetings of the Board. Legitimate medical and personal excuses communicated to the Board Chair prior to the meeting shall be excused.
D.
Training and continuing education. Every member of the Planning Board shall annually attend one or more training or continuing education course, or the equivalent of four hours, related to the work of the Planning Board. The Chair of the Planning Board shall approve and document all training and continuing education. The Town Board shall pay the reasonable expense of such training or continuing education.
E.
Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Planning Board for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law or ordinance.
F.
The Planning Board may review and make recommendations on a proposed Town Comprehensive Plan or amendment thereto. In addition, the Planning Board shall have full power and authority to make investigations, maps, reports and recommendations in connection therewith relating to the planning and development of the Town as it seems desirable, provided that the total expenditures of said board shall not exceed the appropriation provided therefor.
G.
Alternate members.
[Amended 12-18-2019 by L.L. No. 2-2019]
(1)
The Town Board may establish alternate Planning Board and Zoning Board of Appeals member positions for purposes of substituting for a member in the event such member is unable to participate. Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by resolution of the Town Board, for terms established by the Town Board.
H.
All provisions of this section relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.