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NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended.Do not include matter being eliminated and do not use italics or,
underlining to indicate new matter.
County
City Newfield
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Village
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Local Law No. 1 of the year 20 0 7
Alocallaw To Establish a Planning Board for the Town of NPwfiP1d
(Insert Title)
New York
Be it enacted by the Newfield Town Board of the
(Name of Legislative Body)
• County
City of Newfield as follows:
Town
Village
This local law provides a mechanism to protect the health, safety and general welfare
of the community, and to facilitate planning for transportation, water and sewer
improvements, drainage, schools, parks and recreation through the use of
comprehensive planning. To provide for a membership which reflects the varied
geographic areas of the Town, through the appointment of members, where
practicable, from several areas of the town. To provide for a membership which
exhibits concern and knowledge in regard to the long term planning, design and
construction within the Town of Newfield. To provide for a procedure for the just
consideration of all matters within the jurisdiction of the Planning Board.
O
(If additional space is n*PRa fi h! the same size as this sheet,and number each.)
Page 1 of 3
DOS-239 (Rev.11/99)
LOCAL LAW NO. 1 -2007
A LOCAL LAW TO ESTABLISH A PLANNING BOARD FOR THE TOWN OF
NEWFIELD, NEW YORK
SECTION 1. PURPOSE AND INTENT
1.1 To provide a mechanism to protect the health, safety and general welfare
of the community, and to facilitate planning for transportation, water and sewer
improvements, drainage, schools, parks and recreation through the use of
comprehensive planning.
1.2 To provide for a membership which reflects the varied geographic areas
of the Town, through the appointment of members, where practicable, from
several areas of the Town.
1.3 To provide for a membership which exhibits concern and knowledge in
regard to the long term planning, design and construction within the Town of
Newfield.
1.4 To provide for a procedure for the just consideration of all matters within
the jurisdiction of the Planning Board.
SECTION 2. PLANNING BOARD ESTABLISHED
2.1 A Planning Board for the Town of Newfield, New York is hereby
established, pursuant to New York Town Law, Article 16 of the State of New
York, and pursuant to the Municipal Home Rule Law of the State of New York.
The Planning Board shall be known as the "Planning Board of the Town of
Newfield".
SECTION 3. POWERS GENERALLY
3.1 The Planning Board shall have, and act pursuant to, all of the powers,
duties and procedures provided for a Town Planning Board in Article 16 of the
Town Law as such powers, duties, and procedures are granted therein and
permitted and authorized in this Local Law.
3.2 In addition, pursuant to Town Law @71 (14) the Town Board from time-
to-time may, by resolution, refer any matter or class of matters to the Planning
Board for its review and recommendation within such time limits as set by the
Town Board.
3.3 In accordance with Article 16 of the Town Law and subject to Town
Board approval, the Planning, th anning Board may adopt rules and regulations and
P rocedures concerning matters before it
and in respect to any subject matter
over which it has J urisdiction pursuant to this local law.
LOCAL LAW NO. 1-2007
TOWN OF NEWFIELD PAGE: 2
SECTION 4. APPOINTMENT. REMOVAL AND COMPENSATION OF
MEMBERS
4.1 The Planning board shall consist of five (5) members, each to be
appointed by the Town Board. None may be a Town Board member and at least
one member shall be an "agriculture member" or defined under Town Law 271
(11). Of the five (5) members, the Town Board shall designate one (1) to be the
Chairman of the Planning Board, or upon the failure of the Town Board to
designate a Chairman, the members of the planning Board may elect their own
Chairman, from among themselves to serve as chairman until such time the
Town Board designates a chairman.
4.2 The Town Board may remove any Planning Board member at any time for
cause, after a public hearing, upon reasonable notice, in writing to the member,
stating the reasons for such removal. "Cause" shall be deemed to include
failure to meet any attendance or training requirements established by the
Town Board or Planning Board.
4.3 Of the members first appointed to the Planning Board consisting of five
(5) members, one shall hold office for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years, one for a term
of five years after his or her appointment. In the discretion of the Town Board,
an eligible Planning Board member may be re-appointed.
4.4 The terms of the members shall commence on the same calendar day as
the original appointment and thereafter upon the expiration of term of each
member, his or her re-appointment, or the appointment of a successor, shall be
for a term of five years.
4.5 In the case of a vacancy, other than by expiration of term, it shall be
filled by the Town Board by appointment for the unexpired term.
4.6 Members of the Planning Board shall not be compensated for their
service buy may be reimbursed for mileage and other reasonable disbursements
incurred in connection with performing services as a Planning Board member
pursuant to procedures and policies set by the Town.
4.7In accordance with Town Law 271 (15), the Town Board may, by duly
adopted resolution, establish alternate Planning Board member positions for
purpose of substituting for a member in case he or she has a conflict or is
otherwise unable to participate in a particular deliberation.
SECTION 5. HIRING OF EXPERTS
5.1 The Town Board may appropriate from time to time monies for the hiring
by the Planning Board of a clerk and/or secretary and such consulting
engineers and planning experts as the Planning Board may require for the
LOCAL LAW NO. 1-2007
TOWN OF NEWFIELD PAGE: 3
SECTION 5. HIRING OF EXPERTS (CONT.)
5.1 (cont.) performance of its duties. When the Town Board has
appropriated monies for such experts, the Planning Board shall be
required to utilize the services of the same on the terms and conditions
set by the Town Board.
SECTION 6. SEVERABILITY
6.1 If any article, section, subsection, paragraph, sentence, clause or
provision of this Local law shall be adjudged by any court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation the
article, section, subsection, paragraph, sentence, clause or provision thereof
directly involved in the controversy in which such judgment shall have been
rendered.
SECTION 7. EFFECTIVE DATE
7.1 This Local law shall take effect immediately upon its due filing with the
New York Secretary of State in accordance with Section 27 of the Municipal
Home Rule Law.
III
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the Iocal law annexed hereto,designated as local law No. 1 of 20 0 7 of
the( )(6ity)(Town)( of Newfield was duly passed by the
Newfield Town Board on Feb. 8 , 20 07 ,in accordance with the applicable
(Name of Legislative body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
• Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer')
on. 20 , in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approvedX not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer')
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approvedX not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer')
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev.11/99) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20. of
he City of having been submitted to referendum pursuant to the provisions of section(36)(37)
of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city
voting thereon at the(special)(general)election held on 20 ,became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the County of State of New York,having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and
having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority
of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original to al law, and was finally adopted in the manner
indicated in P aragraph 1 ,above.
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: February 20 , 2007
Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I,the undersigned,hereby certify that the foregoing local law contains the cprrect text and that al roper proceedings have
been had or taken for the enactment of the local law annexed hereto,„ i`
Signature
Edward C. Hooks, Esq.
Title Town Attorney
County
Cityof Newfield
Town
Village
Date: February 20, 2007
DOS-239 (Rev.11/99) Page 3 of 3