FEBRUARY 2006

 

BY – LAWS

 

OF THE

 

BERKSHIRE

 

TOWN PLANNING BOARD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 4

                  2.   Vice-Chairperson 4

                  3.   Secretary/Treasurer   4

                  4.   Other Officers 4

                  5.   Vacancies   4

 

C.         COMMITTEES    4

 

                  1.   Formation   4

                  2.   Limitation   4

                  3.   Citizen Participation 4

 

POWERS & DUTIES    5

 

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   6

 

                  1.   Voting        6

                  2.   Quorum      6

                  3.   Visitors       6

 

C.          MINUTES    6

 

D.         ATTENDANCE    6 

 

AMENDMENTS 6

                                             

                       

 

 

 

PREAMBLE

 

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

 

The Berkshire Town Planning Board shall be known as The Board.

 

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) members appointed by the Berkshire Town Board.  The following shall sit as ex officio members: the Supervisor or delegate, the Superintendent of Highways, Town of Berkshire and County Planning Board Member.

 

2.      Qualifications:  The five (5) members appointed should represent various aspects of the community including, but not limited to education, labor, agriculture, industry, commerce, and citizens at large.

 

3.      Terms:  The appointed members shall serve for terms of five (5) initial years with 5 year consecutive terms following if re-appointed.  Any vacancy shall be filled for the unexpired term by the Berkshire Town Board.  No two terms shall expire in the same year.

 

4.      Compensation:  Members of The Board shall serve without compensation, other than reimbursement for authorized expenses incurred. For educational training, mileage will be reimbursed at current town rate.

 

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 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.

 

 

 

            

 

 

 

 

1.         CHAIRPERSON:  The Chairperson shall:

 

a.      Prepare the agenda for all Board meetings.

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

c.      Appoint committee members and chairpersons thereof.

d.      Be an ex officio member of all committees.

e.      Be the authorized spokesperson for The Board.

f.        Administer all financial transactions.

g.       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.      Notify members of regular or special meetings of The Board and other important events.

c.      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.

b.         Consider matters relating to County, Town, or Village planning.

c.         Advise the Berkshire Town Board and make recommendations on its own initiative or upon request.

d.         Serve as liaison between the public and the Town Government in general.

e.         Counsel with Town departments and other agencies relating to planning matters. 

f.           All communications between the Town Board and Town Planning Committee must be in writing.

 

 

MEETINGS

 

A.     SCHEDULE

 

1.      Regular Meetings:  Regular meetings of The Board shall be held at least

      quarterly on the fourth Tuesday of the months of January, April, September

      and October, at 7:00p.m. meetings will be held at the Berkshire Town Hall.  If

                  such fourth Tuesday were a legal holiday, the meeting shall be held the

                  following day unless otherwise determined by the Chairperson.

 

    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 number and place of regular meetings

c.      Review the 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.

 

 

 

 

 

 

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 members of The Board.  Ex official members shall not be entitled to vote.  Any proposed action

       shall require a majority of three (3) for passage.

 

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 minutes of any meeting shall not

         be considered officially released until formally approved by The Board at the next

         scheduled meeting.

 

D.          ATTENDANCE

 

         The appointed Board members are expected to attend all regular and any other

         announced Board meetings.  Failure to attend three (3) Board meetings in a

         calendar year without advance notification to a Planning Board Officer will be

         considered grounds for dismissal from the Planning Board 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. 06