A Local Law to rescind Local Law # 2 of 1992, commonly known as the Planning Board Law of the Town of Fleming, New York and all previous or subsequent laws that empower said Planning Board.
Wherefore, Local Law #2 of 1992 established the Town of Fleming Planning Board and granted to said Board certain powers contained in said law;
Wherefore, previous and subsequent laws have granted further powers, restricted certain powers and changed the number of members of the Planning Board,
Wherefore, the Town Board of the Town of Fleming, recognizes the difficulties in finding qualified and interested individuals who are willing to serve as members of a planning board or zoning board of appeals; and
Wherefore, the Town Board of the Town of Fleming wishes to ensure that the responsibilities of both a planning board and a zoning board of appeals are adequately met;
Now in order to more effectively ensure those responsibilities are met, be it enacted by the Town Board of the Town of Fleming, New York as follows:
SECTION 1 – AUTHORITY
1.1 This local law is enacted under authority granted pursuant to the General Municipal Home Rule Law of the State of New York.
SECTION 2 – DISSOLUTION OF THE TOWN OF FLEMING PLANNING BOARD
2.1 The Town of Fleming Planning Board is hereby dissolved.
SECTION 3 – CONSOLIDATION OF THE HERETOFORE EXISTING POWERS OF THE TOWN OF FLEMING PLANNING BOARD INTO THE TOWN OF FLEMING ZONING BOARD OF APPEALS
3.1 The Town of Fleming Zoning Board of Appeals shall be the sole land use board within the Town of Fleming and in addition to the powers granted to said Board by Town Law section 267, and other applicable laws, the Zoning Board shall be authorized to hear any and all matters that heretofore would have been within the jurisdiction of the Town of Fleming Planning Board.
SECTION 4 – CONFLICT WITH PRIOR LOCAL LAWS
4.1 Wherever the term "Planning Board" appears in any local laws of the Town of Fleming, said term shall mean the Zoning Board of Appeals as established by this local law.
4.2 If any local law or part of any local law of the Town of Fleming is inconsistent with any of the provisions of this local law, the terms of this local law shall control.
4.3 If any local law shall require an appeal to be heard by the Town of Fleming Planning Board the Town of Fleming Zoning Board of Appeals is hereby empowered to hear such appeal, unless said appeal is from a decision of the Zoning Board of Appeals, in which case the appeal shall be heard by the Town Board of the Town of Fleming.
SECTION 5 – EFFECTIVE DATE
5.1 This local law shall take effect immediately upon its filing in the Office of the Secretary of State of the State of New York.
SECTION 6 – SEVERABILITY
6.1 If any section of this local law shall be held unconstitutional, invalid or ineffective, in whole or in part, said determination shall not be deemed to effect, impair, or invalidate the remainder thereof.