§ 85-99. Membership; terms of office.

A. 

Legislative intent. The Town Board wishes to increase the Planning Board membership to seven members and appoint each member for a three-year term. It is the intent of this article, pursuant to the Municipal Home Rule Law, that the Town Board supersede Town Law § 271 to establish terms of office which are inconsistent with Town Law § 271.

B. 

Authority of Chairperson.

(1) 

The principal executive officer and administrative head of such Planning Board shall be the Chairperson, who shall be appointed by the Town Board for such term and at such compensation as may from time to time be fixed by the Town Board.

(2) 

The Town Board may appoint a Deputy Chairperson at such compensation and for such term as may from time to time be fixed by the Town Board, who shall generally act in behalf of the Chairperson and who shall perform such duties as may be directed by the Chairperson and as are vested in and imposed by the provisions of this chapter, by statute or by other lawful authority.

(3) 

Before entering upon the duties of his office, the Chairperson shall execute and file with the Town Clerk an official undertaking, if the same is required by the Town Board, in such sum as prescribed by the Town Board and in such form as approved by the Town Attorney.

(4) 

The Chairperson shall have such powers as prescribed by law as shall be necessary for the proper administration of the Planning Board consistent with applicable provisions of law.

C. 

Any person appointed as a member of the Planning Board shall serve for a term of three years, at such compensation as may from time to time be fixed by the Town Board. After the expiration of the terms of the members serving on the Planning Board, any member reappointed, or any successor in office, shall serve for a term of three years. If a vacancy shall occur other than by expiration of term, it shall be filled by the Town Board, by appointment, for the unexpired term; however, no such appointment shall exceed three years. Any new appointment, reappointment or appointment to a vacancy shall not exceed three years.

D. 

Of the seven members so appointed, at least one will be a licensed architect, and additionally at least two members will be either a licensed architect, a licensed engineer, a licensed attorney, an environmentalist or a certified planner. Additionally, four positions will be appointed as community members at large. Said composition to be phased in with any reappointment and/or new appointment effectuated on or after the effective date of this article. Nothing herein contained will invalidate decisions of this Board during this phase-in period.

E. 

General severability. If any clause, sentence, paragraph, section or item of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.