Authorization and establishment. The resolution of the Town Board of Poestenkill, as adopted at its special meeting on March 14, 1967, creating the Planning Board of the Town of Poestenkill and giving said Planning Board subdivision control and other powers, is hereby amended and expanded by this article, which is enacted in accordance with the provisions of § 271 of the Town Law of the State of New York. The Town Board shall, by resolution, appoint the members of such Planning Board and annually designate the Chairperson thereof from among the Planning Board's members. In making such appointments, the Town Board may require Planning Board members to complete training and continuing education courses and maintain minimum meeting attendance requirements. The Planning Board shall annually designate its own secretary, who shall also be deemed the "Clerk of the Planning Board." The Planning Board may prescribe reasonable rules in addition to those provided herein for the conduct of its affairs. The Town Board shall also, by resolution, annually provide for the compensation of Planning Board members.

Membership. The Planning Board shall consist of seven members, each to serve for a term of seven years. The terms of the individual members shall be so fixed that the term for one member shall expire at the end of each calendar year. No person who is a member of the Town Board shall be eligible for membership on such Planning Board.

Vacancies. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint a new member for the remainder of the term of the vacancy.

Training and continuing education requirements. All members of the Planning Board shall be required to comply with the training requirements set forth in Town Law § 271, Subdivision 7-a. The Town of Poestenkill shall reimburse the attending member for the fair and reasonable costs incurred in connection with any such training. The Planning Board shall be responsible for maintaining training records for its members.[1]

Attendance requirements. Each member of the Planning Board must attend not fewer than 75% of all regularly and specially scheduled meetings of the Board. If any absence should be either caused by circumstances beyond the control of the member or authorized in advance by the Chairperson of the Planning Board within policy guidelines set by the Town Board, then any such absence may be waived by the Town Board in calculating the attendance percentage. Once a member has served for a period covering four or more meetings of the Planning Board, the Chairperson of the Planning Board shall notify the Town Board whenever the total number of all missed meetings (including both those which may be waived and those which may not be waived) for such member exceeds the twenty-five-percent maximum hereby permitted.

Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Planning Board for cause, including noncompliance with the minimum requirements relating to meeting attendance and training as hereby established.

Chairperson duties. 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.

Comprehensive Plan. The Planning Board may recommend changes to the Town Comprehensive Plan.

Investigations. The Planning Board shall have the full power and authority to make investigations, maps, reports and resulting recommendations about all matters relating to the planning and development of the Town. It may also, after public hearing, recommend to the Town Board regulations relating to any subject matter over which the Planning Board has jurisdiction under Town Law or under any local law or ordinance of the Town. Adoption of any such recommendations by the Town Board shall be by local law.

Referrals. The Planning Board shall conduct a review of all matters specifically referred to it from the Zoning Board of Appeals or the Town Board pursuant to §§ 150-85C(3), 150-62, 150-67B(5) and 150-91A of this chapter of the Code of the Town of Poestenkill and any other provision of state or local law, and shall submit written reports to the referring body as required by the provisions of such authorizing legislation and/or this article.

Site plan review. The Planning Board shall be responsible for the proper implementation of site plan review in accordance with Article VIII of this chapter of the Code of the Town of Poestenkill and Article 16 of the Town Law of the State of New York.

Subdivision approval. The Planning Board shall be responsible for the review and approval of subdivision plats in accordance with Article 16 of the Town Law of the State of New York and Chapter 195 of the Code of the Town of Poestenkill.

Special use permits. All special permit uses in the District Schedule of Use Regulations in Article IV of this chapter of the Code of the Town of Poestenkill and in all other parts of said Code shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included in said Code.

Residential cluster development. The Planning Board of the Town of Poestenkill is authorized, simultaneously with the approval of a plat or plats pursuant to Article 16 of the Town Law of the State of New York, to modify applicable provisions of this chapter subject to the conditions set forth in § 278 of said Town Law and those further requirements set forth in § 150-30 of this Poestenkill Code.

The Planning Board shall approve plats and improvement plans for all highways, roads or streets to be constructed in the Town, including necessary drainage systems, as specified in Chapter A240, Road Improvement Specifications, of the Code.

Coordination with agricultural districts program.