PLANNING BOARD BYLAWS

 

TABLE OF CONTENTS   

                                                                                                                              PAGE

PREAMBLE                                                                                     3 

ORGANIZATION                                                                            3

A.   MEMBERSHIP                                                               

         1.   Composition                                                                3

         2.   Qualifications                                                              3

         3.   Terms                                                                          3

         4.   Compensation                                                             3

B.   OFFICERS                                                                        3

         1.   Chairperson                                                                 3

         2.   Vice-Chairperson                                                        4

         3.   Secretary                                                                     4

         4.   Other Officers                                                             4

         5.   Vacancies                                                                    4

C.   COMMITTEES                                                                4

                  1.   Formation                                                                    4

                  2.   Limitation                                                                   4

(1)

                  3.   Citizen Participation                                                   4

 

POWERS & DUTIES                                                                      4 

MEETINGS                                                                                      5

A.    SCHEDULE                                                                     5

         1.   Regular Meetings                                                        5

         2.   Annual Organizational Meeting                                  5

         3.   Special Meetings                                                         5

         4.   Executive Sessions                                                      5

         5.   Notices                                                                        5

B.    PROCEEDINGS                                                             5

         1.   Voting                                                                         5

         2.   Quorum                                                                       6

         3.   Visitors                                                                        6

C.    MINUTES                                                                        6

 

D.   ATTENDANCE                                                               6         

 

TRAINING                                                                                       6

AMENDMENTS                                                                              6

 

 

 

 

 

 

(2)

PREAMBLE 

The Berkshire Town Planning Board is empowered to perform planning work as authorized under the Town Law, State of New York.

The following as adopted, shall be the BY-LAWS for the conduct of business.  Within these BY-LAWS, the Berkshire Town Planning Board is referred to as The Board.

   

ORGANIZATION

 

A. MEMBERSHIP 

         1.   Composition:   The Berkshire Town Planning Board shall consist of five (5) regular members and as many as two (2) adhoc members appointed by the Berkshire Town Board.  In addition, the following may sit as ex officio members: the Town of Berkshire Supervisor or delegate, the Superintendent of Highways,  the Code Enforcement Officer and a Tioga County Planning Board Member.

2.      Qualifications:  The five (5) regular and two (2) adhoc members must be residents of the Town of Berkshire and should be willing to represent the best interests of the community. 

3.      Terms: 

a.   The five (5) regular members shall serve for terms of five (5) initial years with reappointments at additional five (5) year consecutive terms as desired.    Any vacancy shall be filled for the unexpired term by the Berkshire Town Board.   Each appointment starts on January 1 and no two terms shall expire in the same year.

b.   The adhoc members are assigned to one (1) calendar year terms (see Town of Berkshire local law on Appointment of Ad Hoc Members).

4.      Compensation:  Members of The Board shall serve without compensation, other than reimbursement for authorized expenses incurred.    

 

B.    OFFICERS

 

The executive officers of the Berkshire Town Planning Board shall be: Chairperson, the Vice-Chairperson and the Secretary.  The Board shall annually elect from its regular members persons to hold these offices and may, from time to time, name such other officers as it deems necessary.  In the absence of the Chairperson and Vice-Chairperson, the Board may appoint a chairperson pro-tempore for the meeting.    In the absence of the Secretary, another member will be assigned by the Chair to fulfill the duties of the Secretary for that meeting.

1.      CHAIRPERSON:  The Chairperson shall:

a.      Prepare the agenda for The Board regular meetings and  notify members prior to regular and special meetings.

b.      Preside at all meetings and hearings of The Board.

c.    Assure membership is fully staffed and utilize adhoc members as needed.

d.      Appoint committee members and chairpersons thereof.

(3)

e.      Be an ex officio member of all committees.

f.      Be the authorized spokesperson for The Board.   Typically this refers to attending Town Board meetings and other relevant meetings pertaining to planning activities.   Some delegation to other members of this duty is acceptable.

g.        Administer all financial transactions.

h.       Perform such other duties as may be required.

2.      VICE-CHAIRPERSON:  The Vice-Chairperson shall:

a.      Perform all the duties of the Chairperson in case of his/her absence.

b.      Perform such other duties as may be required.

3.      SECRETARY:  The Secretary shall ensure that the following duties be fulfilled:

 

a.      Keep the records of The Board including the minutes of all meetings, Public hearings and proceedings.

 

b.     Prepare and distribution draft of meeting notes/minutes prior to the next meeting.

c.     Present copy of all ‘approved’ meeting minutes of The Board to the Berkshire Town Board.

d.   Perform such other duties as may be required.

4.      OTHER OFFICERS:  Other officers shall have such authority and perform such duties as may be assigned by The Board.

                                

5.      VACANCIES:   If an executive office position shall become vacant, The Board shall approve, at the next regular meeting, a successor to hold the office position for the unexpired term.

 

C.    COMMITTEES

1.      Formation:  The Board shall form such committees as it may find necessary.      The members thereof shall be appointed by the Chairperson with majority approval, and need not be limited to members of The Board.

2.      Limitation:  No committee shall take final action in any matter unless specifically authorized by The Board to do so.

3.      Citizen Participation: Any committee may solicit advice and counsel from citizens who are not members of The Board.

 

POWERS & DUTIES 

Pursuant to New York State Town Law and to the Laws and resolutions of The Town of Berkshire, the Town of Berkshire Planning Board shall:

a.         Organize itself to carry out responsibilities,  primarily as a support unit to the Berkshire Town Board.   That generally requires performing research and other activities necessary to establish guidelines (local laws and ordinances) to insure the health and welfare of the community based on direction of the Town Board.

(4)

b.         Advise the Berkshire Town Board and make recommendations on its own initiative or upon request.   Submit new local laws or revisions to existing ones and other supporting documents for Town Board review and approval.     Communications between the Town Board and The Planning Board should be in writing (excluding oral discussions at Town Board meetings).

c.     Local Laws or Ordinances should be reviewed/revised no less than 10 years from last revision and the Town of Berkshire Local Law list kept current.

d.         Consider matters relating to Town or County planning.

e.         Serve as liaison between the public and the Town Government.

f.         Collaborate with Town departments and other agencies relating to planning matters.  

g.    Attend mandatory training as required.

 

MEETINGS 

A.    SCHEDULE

1.      Regular Meetings:  Regular meetings of The Board shall be held on the second Tuesday of the month except during July, August and December, at 7:00 p.m. at the Berkshire Town Hall.  If the regular meeting date falls on a legal holiday or is cancelled due to emergency, the meeting shall be held the following day unless otherwise determined by the Chairperson.   Meetings normally last one and one half hours.

 

 2.    Annual Organization Meeting:  The regular January meeting each year shall constitute the annual organizational meeting.  At this meeting The Board shall:

a.      Elect the executive officers of The Board for the coming year.

b.      Establish the place and months for regular meetings.

c.      Review and update the PLANNING BOARD BY-LAWS. 

3.      Special Meetings:  The Chairperson or a majority of the voting members may call a special meeting.  Notice thereof shall be given at least forty-eight (48) hours in advance as required by law and shall specify the matter or matters to be considered at such meeting.

4.      Executive Sessions:  The Board may meet in a closed or executive as session prescribed by State Law.  Any official action shall be made only in open session. 

5.      Notices:  Public notice of regular meetings shall be made at least  five (5) days in advance and posted on the Town of Berkshire web site.

 

B.  PROCEEDINGS

Roberts’ Rules of Order shall govern the Board’s proceeding except as specified otherwise by these BY-LAWS.

1.        Voting:  The voting membership shall be the five (5) appointed regular members of The Board.  Any proposed action shall require a majority of three (3) for passage.    The Chairperson can designate an adhoc member to fulfill a regular member vacancy if less than three (3) regular members are present, in which case, the adhoc member assumes full voting duties. Ex official members shall not be entitled to vote. 

(5)

2.        Quorum:  A quorum shall consist of three (3) of the voting members of The Board.

3.        Visitors:  Visitors at a meeting may enter into discussion or present petitions in the manner and for the period prescribed by the Chairperson.     

 

C.   MINUTES   

Minutes shall be kept of all Board meetings.    The Secretary will assume this responsibility but if absent, another member will be appointed to take notes and coordinate with the Secretary for presentation and recordkeeping.  The minutes of any meeting shall not be considered officially released until formally approved by The Board at the next scheduled meeting.   All approved minutes will be shared with the Town Board.

 

 D.    ATTENDANCE 

The regular Board members are expected to attend all regular and any other announced Planning Board meetings and should notify The Board Chairperson if they are unable to attend.    Adhoc members are also encouraged to attend.    Failure to attend three (3) Board meetings in a calendar year, without advance notification to the chair, will be considered grounds for dismissal from the Planning Board by the Town Board.

 

TRAINING

 

Members are expected to participate in training exercises that prepare them for performing their Planning Board duties and to satisfy the Town Board and State regulations (See the Department of State website www.dos.state.ny.us/lgss/mandatorytraining.htm ) .   Preapproved training expenses to be reimbursed by the Town Board.

AMENDMENTS

These BY-LAWS were adopted at a regular meeting of The Board and shall be amended only by a majority vote of the voting membership.  

Signed_________________________                 ____________________________

                            CHAIRPERSON                                                                                SECRETARY 

Amended: Feb. 08

 

 

 

 

(6)