State Codes and Statutes

Statutes > New-york > Vil > Article-7 > 7-718

§  7-718  Planning board; creation, appointment. 1. Authorization. The  village board of trustees of each village is hereby authorized by  local  law  to  create  a  planning  board consisting of five or seven members.  Members and the chairperson of such planning board shall be appointed by  the mayor subject to the approval of  the  board  of  trustees.  In  the  absence  of  a  chairperson the planning board may designate a member to  serve as chairperson. The village board of trustees may, as part of  the  local  law creating said planning board, provide for the compensation of  planning board members.    2. Appropriation for planning board. The village board of trustees  is  hereby authorized and empowered to make such appropriation as it may see  fit for planning board expenses. The planning board shall have the power  and  authority  to employ experts, clerks and a secretary and to pay for  their services, and to  provide  for  such  other  expenses  as  may  be  necessary and proper, not exceeding in all the appropriation that may be  made therefor by the village board of trustees for such planning board.    3.  Village board of trustees ineligible. No person who is a member of  the village board of trustees shall be eligible for membership  on  such  planning board.    4.  Terms  of  members  first  appointed.  The terms of members of the  planning board first appointed shall be so fixed that the  term  of  one  member  shall  expire  at  the end of the village official year in which  such members were  initially  appointed.  The  terms  of  the  remaining  members  first appointed shall be so fixed that one term shall expire at  the end of each official year thereafter. At the expiration of the  term  of  each member first appointed, his or her successor shall be appointed  for a term which shall be equal in years to the number of members of the  board.    5. Terms of members now in office.  Members  now  holding  office  for  terms which do not expire at the end of the village official year shall,  upon  the  expiration  of  their  term, hold office until the end of the  village official year and their successors shall then be  appointed  for  terms  which  shall  be  equal  in years to the number of members of the  board.    6. Increasing membership. Any village board of trustees may, by  local  law,  increase a five member planning board to seven members. Additional  members shall be first appointed for single  terms  in  order  that  the  terms  of  members  shall  expire  in each of seven successive years and  their successors shall thereafter be appointed for full terms  of  seven  years. No such additional member shall take part in the consideration of  any  matter for which an application was on file with the planning board  at the time of his or her appointment.    7. Decreasing membership. A village board of trustees which has  seven  members on the planning board may, by local law, decrease the membership  to five, to take effect upon the next two expirations of terms. However,  no  incumbent shall be removed from office except upon the expiration of  his or her term, except as hereinafter provided.    7-a. Training and attendance  requirements.  a.  Each  member  of  the  planning board shall complete, at a minimum, four hours of training each  year designed to enable such members to more effectively carry out their  duties. Training received by a member in excess of four hours in any one  year may be carried over by the member into succeeding years in order to  meet  the  requirements  of  this  subdivision.  Such  training shall be  approved by the board of trustees and may include, but  not  be  limited  to,  training  provided  by  a municipality, regional or county planning  office  or  commission,  county  planning  federation,   state   agency,  statewide  municipal  association,  college  or  other  similar  entity.  Training may be provided in a variety  of  formats,  including  but  notlimited  to,  electronic media, video, distance learning and traditional  classroom training.    b.  To  be eligible for reappointment to such board, such member shall  have completed the training promoted by the  village  pursuant  to  this  subdivision.    c. The training required by this subdivision may be waived or modified  by  resolution  of  the  board  of trustees when, in the judgment of the  board of trustees, it is in the best interest of the village to do so.    d. No decision of a planning board shall be voided or declared invalid  because of a failure to comply with this subdivision.    8. Vacancy in office. If a  vacancy  shall  occur  otherwise  than  by  expiration  of  term,  the  mayor  shall  appoint the new member for the  unexpired term.    9. Removal of members. The mayor shall have the power to remove, after  public hearing, any member of the planning board for cause. Any planning  board member may be removed for non-compliance with minimum requirements  relating to meeting  attendance  and  training  as  established  by  the  village board of trustees by local law.    10.  Chairperson  duties.  All meetings of the planning board shall be  held at the call of the chairperson and at  such  other  times  as  such  board  may  determine.  Such  chairperson, or in his or her absence, the  acting chairperson, may administer oaths and compel  the  attendance  of  witnesses.    11. Appointment of agricultural member. Notwithstanding any provisions  of  this chapter or any general, special or local law, the mayor may, if  an agricultural district created pursuant to section three hundred three  of article twenty-five-AA of the  agriculture  and  markets  law  exists  wholly  or  partly within the boundaries of such village, include on the  planning board one or more members each of  whom  derives  ten  thousand  dollars  or  more annual gross income from agricultural pursuits in said  village. As used in this subdivision, the term  "agricultural  pursuits"  means  the  production  of  crops,  livestock  and  livestock  products,  aquacultural products, and woodland products as defined in section three  hundred one of the agriculture and markets law.    12. Service on other planning boards. No person shall be  disqualified  from  serving  as  a  member  of the village planning board by reason of  serving as a member of the town or county planning board.    13. Rules and regulations. The planning board  may  recommend  to  the  village  board  of  trustees  regulations relating to any subject matter  over which the planning board has jurisdiction under this article or any  other statute, or under any local law of the village.  Adoption  of  any  such  recommendations by the village board of trustees shall be by local  law.    14. Report on referred matters; general reports. a. The village  board  of trustees may by resolution provide for the reference of any matter or  class  of  matters,  other  than those referred to in subdivision ten of  this section, to the planning board before final action is taken thereon  by the village board of trustees or other  office  or  officer  of  said  village  having  final  authority over said matter. The village board of  trustees may further stipulate that final action thereon  shall  not  be  taken  until the planning board has submitted its report thereon, or has  had a reasonable time, to be fixed by the village board of  trustees  in  said resolution, to submit the report.    b.  The  planning  board  may  review  and  make  recommendations on a  proposed village comprehensive plan or amendment thereto.  In  addition,  the  planning  board  shall  have  the  full power and authority to make  investigations,  maps,  reports,  and  recommendations   in   connection  therewith  relating to the planning and development of the village as itseems desirable, providing the total expenditures of  said  board  shall  not exceed the appropriation provided therefor.    15.  Planning  commission. In any village in which there is a planning  commission created under article twelve-A of the general municipal  law,  the  board  of  trustees,  instead  of  authorizing the appointment of a  planning board  under  this  article,  may  provide  that  the  existing  commission   shall  continue,  the  members  thereof  thereafter  to  be  appointed in accordance with the provisions of  such  article  twelve-A,  and  to  have  the  powers  and duties as specified for a planning board  appointed under this article, provided, however, that  in  such  village  section  two hundred thirty-eight of the general municipal law shall not  be in force.    16. Alternate members. a. A village board of trustees  may,  by  local  law or as a part of the local law creating the planning board, establish  alternate  planning  board member positions for purposes of substituting  for a member in the event such member is unable to  participate  because  of a conflict of interest. Alternate members of the planning board shall  be  appointed  by  the  mayor,  subject  to the approval of the board of  trustees, for terms established by the village board of trustees.    b. The chairperson of the planning board may  designate  an  alternate  member  to  substitute  for  a  member  when  such  member  is unable to  participate because of a conflict  of  interest  on  an  application  or  matter  before the board. When so designated, the alternate member shall  possess all the powers and responsibilities of such member of the board.  Such designation shall be  entered  into  the  minutes  of  the  initial  planning board meeting at which the substitution is made.    c.  All  provisions  of this section relating to planning board member  training and continuing education,  attendance,  conflict  of  interest,  compensation,  eligibility,  vacancy  in office, removal, and service on  other boards, shall also apply to alternate members.    17. Voting requirements. Every motion  or  resolution  of  a  planning  board  shall require for its adoption the affirmative vote of a majority  of all the members of the planning board. Where an action is the subject  of a referral to the county planning agency or regional planning council  the voting provisions of sections  two  hundred  thirty-nine-m  and  two  hundred thirty-nine-n of the general municipal law shall apply.

State Codes and Statutes

Statutes > New-york > Vil > Article-7 > 7-718

§  7-718  Planning board; creation, appointment. 1. Authorization. The  village board of trustees of each village is hereby authorized by  local  law  to  create  a  planning  board consisting of five or seven members.  Members and the chairperson of such planning board shall be appointed by  the mayor subject to the approval of  the  board  of  trustees.  In  the  absence  of  a  chairperson the planning board may designate a member to  serve as chairperson. The village board of trustees may, as part of  the  local  law creating said planning board, provide for the compensation of  planning board members.    2. Appropriation for planning board. The village board of trustees  is  hereby authorized and empowered to make such appropriation as it may see  fit for planning board expenses. The planning board shall have the power  and  authority  to employ experts, clerks and a secretary and to pay for  their services, and to  provide  for  such  other  expenses  as  may  be  necessary and proper, not exceeding in all the appropriation that may be  made therefor by the village board of trustees for such planning board.    3.  Village board of trustees ineligible. No person who is a member of  the village board of trustees shall be eligible for membership  on  such  planning board.    4.  Terms  of  members  first  appointed.  The terms of members of the  planning board first appointed shall be so fixed that the  term  of  one  member  shall  expire  at  the end of the village official year in which  such members were  initially  appointed.  The  terms  of  the  remaining  members  first appointed shall be so fixed that one term shall expire at  the end of each official year thereafter. At the expiration of the  term  of  each member first appointed, his or her successor shall be appointed  for a term which shall be equal in years to the number of members of the  board.    5. Terms of members now in office.  Members  now  holding  office  for  terms which do not expire at the end of the village official year shall,  upon  the  expiration  of  their  term, hold office until the end of the  village official year and their successors shall then be  appointed  for  terms  which  shall  be  equal  in years to the number of members of the  board.    6. Increasing membership. Any village board of trustees may, by  local  law,  increase a five member planning board to seven members. Additional  members shall be first appointed for single  terms  in  order  that  the  terms  of  members  shall  expire  in each of seven successive years and  their successors shall thereafter be appointed for full terms  of  seven  years. No such additional member shall take part in the consideration of  any  matter for which an application was on file with the planning board  at the time of his or her appointment.    7. Decreasing membership. A village board of trustees which has  seven  members on the planning board may, by local law, decrease the membership  to five, to take effect upon the next two expirations of terms. However,  no  incumbent shall be removed from office except upon the expiration of  his or her term, except as hereinafter provided.    7-a. Training and attendance  requirements.  a.  Each  member  of  the  planning board shall complete, at a minimum, four hours of training each  year designed to enable such members to more effectively carry out their  duties. Training received by a member in excess of four hours in any one  year may be carried over by the member into succeeding years in order to  meet  the  requirements  of  this  subdivision.  Such  training shall be  approved by the board of trustees and may include, but  not  be  limited  to,  training  provided  by  a municipality, regional or county planning  office  or  commission,  county  planning  federation,   state   agency,  statewide  municipal  association,  college  or  other  similar  entity.  Training may be provided in a variety  of  formats,  including  but  notlimited  to,  electronic media, video, distance learning and traditional  classroom training.    b.  To  be eligible for reappointment to such board, such member shall  have completed the training promoted by the  village  pursuant  to  this  subdivision.    c. The training required by this subdivision may be waived or modified  by  resolution  of  the  board  of trustees when, in the judgment of the  board of trustees, it is in the best interest of the village to do so.    d. No decision of a planning board shall be voided or declared invalid  because of a failure to comply with this subdivision.    8. Vacancy in office. If a  vacancy  shall  occur  otherwise  than  by  expiration  of  term,  the  mayor  shall  appoint the new member for the  unexpired term.    9. Removal of members. The mayor shall have the power to remove, after  public hearing, any member of the planning board for cause. Any planning  board member may be removed for non-compliance with minimum requirements  relating to meeting  attendance  and  training  as  established  by  the  village board of trustees by local law.    10.  Chairperson  duties.  All meetings of the planning board shall be  held at the call of the chairperson and at  such  other  times  as  such  board  may  determine.  Such  chairperson, or in his or her absence, the  acting chairperson, may administer oaths and compel  the  attendance  of  witnesses.    11. Appointment of agricultural member. Notwithstanding any provisions  of  this chapter or any general, special or local law, the mayor may, if  an agricultural district created pursuant to section three hundred three  of article twenty-five-AA of the  agriculture  and  markets  law  exists  wholly  or  partly within the boundaries of such village, include on the  planning board one or more members each of  whom  derives  ten  thousand  dollars  or  more annual gross income from agricultural pursuits in said  village. As used in this subdivision, the term  "agricultural  pursuits"  means  the  production  of  crops,  livestock  and  livestock  products,  aquacultural products, and woodland products as defined in section three  hundred one of the agriculture and markets law.    12. Service on other planning boards. No person shall be  disqualified  from  serving  as  a  member  of the village planning board by reason of  serving as a member of the town or county planning board.    13. Rules and regulations. The planning board  may  recommend  to  the  village  board  of  trustees  regulations relating to any subject matter  over which the planning board has jurisdiction under this article or any  other statute, or under any local law of the village.  Adoption  of  any  such  recommendations by the village board of trustees shall be by local  law.    14. Report on referred matters; general reports. a. The village  board  of trustees may by resolution provide for the reference of any matter or  class  of  matters,  other  than those referred to in subdivision ten of  this section, to the planning board before final action is taken thereon  by the village board of trustees or other  office  or  officer  of  said  village  having  final  authority over said matter. The village board of  trustees may further stipulate that final action thereon  shall  not  be  taken  until the planning board has submitted its report thereon, or has  had a reasonable time, to be fixed by the village board of  trustees  in  said resolution, to submit the report.    b.  The  planning  board  may  review  and  make  recommendations on a  proposed village comprehensive plan or amendment thereto.  In  addition,  the  planning  board  shall  have  the  full power and authority to make  investigations,  maps,  reports,  and  recommendations   in   connection  therewith  relating to the planning and development of the village as itseems desirable, providing the total expenditures of  said  board  shall  not exceed the appropriation provided therefor.    15.  Planning  commission. In any village in which there is a planning  commission created under article twelve-A of the general municipal  law,  the  board  of  trustees,  instead  of  authorizing the appointment of a  planning board  under  this  article,  may  provide  that  the  existing  commission   shall  continue,  the  members  thereof  thereafter  to  be  appointed in accordance with the provisions of  such  article  twelve-A,  and  to  have  the  powers  and duties as specified for a planning board  appointed under this article, provided, however, that  in  such  village  section  two hundred thirty-eight of the general municipal law shall not  be in force.    16. Alternate members. a. A village board of trustees  may,  by  local  law or as a part of the local law creating the planning board, establish  alternate  planning  board member positions for purposes of substituting  for a member in the event such member is unable to  participate  because  of a conflict of interest. Alternate members of the planning board shall  be  appointed  by  the  mayor,  subject  to the approval of the board of  trustees, for terms established by the village board of trustees.    b. The chairperson of the planning board may  designate  an  alternate  member  to  substitute  for  a  member  when  such  member  is unable to  participate because of a conflict  of  interest  on  an  application  or  matter  before the board. When so designated, the alternate member shall  possess all the powers and responsibilities of such member of the board.  Such designation shall be  entered  into  the  minutes  of  the  initial  planning board meeting at which the substitution is made.    c.  All  provisions  of this section relating to planning board member  training and continuing education,  attendance,  conflict  of  interest,  compensation,  eligibility,  vacancy  in office, removal, and service on  other boards, shall also apply to alternate members.    17. Voting requirements. Every motion  or  resolution  of  a  planning  board  shall require for its adoption the affirmative vote of a majority  of all the members of the planning board. Where an action is the subject  of a referral to the county planning agency or regional planning council  the voting provisions of sections  two  hundred  thirty-nine-m  and  two  hundred thirty-nine-n of the general municipal law shall apply.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vil > Article-7 > 7-718

§  7-718  Planning board; creation, appointment. 1. Authorization. The  village board of trustees of each village is hereby authorized by  local  law  to  create  a  planning  board consisting of five or seven members.  Members and the chairperson of such planning board shall be appointed by  the mayor subject to the approval of  the  board  of  trustees.  In  the  absence  of  a  chairperson the planning board may designate a member to  serve as chairperson. The village board of trustees may, as part of  the  local  law creating said planning board, provide for the compensation of  planning board members.    2. Appropriation for planning board. The village board of trustees  is  hereby authorized and empowered to make such appropriation as it may see  fit for planning board expenses. The planning board shall have the power  and  authority  to employ experts, clerks and a secretary and to pay for  their services, and to  provide  for  such  other  expenses  as  may  be  necessary and proper, not exceeding in all the appropriation that may be  made therefor by the village board of trustees for such planning board.    3.  Village board of trustees ineligible. No person who is a member of  the village board of trustees shall be eligible for membership  on  such  planning board.    4.  Terms  of  members  first  appointed.  The terms of members of the  planning board first appointed shall be so fixed that the  term  of  one  member  shall  expire  at  the end of the village official year in which  such members were  initially  appointed.  The  terms  of  the  remaining  members  first appointed shall be so fixed that one term shall expire at  the end of each official year thereafter. At the expiration of the  term  of  each member first appointed, his or her successor shall be appointed  for a term which shall be equal in years to the number of members of the  board.    5. Terms of members now in office.  Members  now  holding  office  for  terms which do not expire at the end of the village official year shall,  upon  the  expiration  of  their  term, hold office until the end of the  village official year and their successors shall then be  appointed  for  terms  which  shall  be  equal  in years to the number of members of the  board.    6. Increasing membership. Any village board of trustees may, by  local  law,  increase a five member planning board to seven members. Additional  members shall be first appointed for single  terms  in  order  that  the  terms  of  members  shall  expire  in each of seven successive years and  their successors shall thereafter be appointed for full terms  of  seven  years. No such additional member shall take part in the consideration of  any  matter for which an application was on file with the planning board  at the time of his or her appointment.    7. Decreasing membership. A village board of trustees which has  seven  members on the planning board may, by local law, decrease the membership  to five, to take effect upon the next two expirations of terms. However,  no  incumbent shall be removed from office except upon the expiration of  his or her term, except as hereinafter provided.    7-a. Training and attendance  requirements.  a.  Each  member  of  the  planning board shall complete, at a minimum, four hours of training each  year designed to enable such members to more effectively carry out their  duties. Training received by a member in excess of four hours in any one  year may be carried over by the member into succeeding years in order to  meet  the  requirements  of  this  subdivision.  Such  training shall be  approved by the board of trustees and may include, but  not  be  limited  to,  training  provided  by  a municipality, regional or county planning  office  or  commission,  county  planning  federation,   state   agency,  statewide  municipal  association,  college  or  other  similar  entity.  Training may be provided in a variety  of  formats,  including  but  notlimited  to,  electronic media, video, distance learning and traditional  classroom training.    b.  To  be eligible for reappointment to such board, such member shall  have completed the training promoted by the  village  pursuant  to  this  subdivision.    c. The training required by this subdivision may be waived or modified  by  resolution  of  the  board  of trustees when, in the judgment of the  board of trustees, it is in the best interest of the village to do so.    d. No decision of a planning board shall be voided or declared invalid  because of a failure to comply with this subdivision.    8. Vacancy in office. If a  vacancy  shall  occur  otherwise  than  by  expiration  of  term,  the  mayor  shall  appoint the new member for the  unexpired term.    9. Removal of members. The mayor shall have the power to remove, after  public hearing, any member of the planning board for cause. Any planning  board member may be removed for non-compliance with minimum requirements  relating to meeting  attendance  and  training  as  established  by  the  village board of trustees by local law.    10.  Chairperson  duties.  All meetings of the planning board shall be  held at the call of the chairperson and at  such  other  times  as  such  board  may  determine.  Such  chairperson, or in his or her absence, the  acting chairperson, may administer oaths and compel  the  attendance  of  witnesses.    11. Appointment of agricultural member. Notwithstanding any provisions  of  this chapter or any general, special or local law, the mayor may, if  an agricultural district created pursuant to section three hundred three  of article twenty-five-AA of the  agriculture  and  markets  law  exists  wholly  or  partly within the boundaries of such village, include on the  planning board one or more members each of  whom  derives  ten  thousand  dollars  or  more annual gross income from agricultural pursuits in said  village. As used in this subdivision, the term  "agricultural  pursuits"  means  the  production  of  crops,  livestock  and  livestock  products,  aquacultural products, and woodland products as defined in section three  hundred one of the agriculture and markets law.    12. Service on other planning boards. No person shall be  disqualified  from  serving  as  a  member  of the village planning board by reason of  serving as a member of the town or county planning board.    13. Rules and regulations. The planning board  may  recommend  to  the  village  board  of  trustees  regulations relating to any subject matter  over which the planning board has jurisdiction under this article or any  other statute, or under any local law of the village.  Adoption  of  any  such  recommendations by the village board of trustees shall be by local  law.    14. Report on referred matters; general reports. a. The village  board  of trustees may by resolution provide for the reference of any matter or  class  of  matters,  other  than those referred to in subdivision ten of  this section, to the planning board before final action is taken thereon  by the village board of trustees or other  office  or  officer  of  said  village  having  final  authority over said matter. The village board of  trustees may further stipulate that final action thereon  shall  not  be  taken  until the planning board has submitted its report thereon, or has  had a reasonable time, to be fixed by the village board of  trustees  in  said resolution, to submit the report.    b.  The  planning  board  may  review  and  make  recommendations on a  proposed village comprehensive plan or amendment thereto.  In  addition,  the  planning  board  shall  have  the  full power and authority to make  investigations,  maps,  reports,  and  recommendations   in   connection  therewith  relating to the planning and development of the village as itseems desirable, providing the total expenditures of  said  board  shall  not exceed the appropriation provided therefor.    15.  Planning  commission. In any village in which there is a planning  commission created under article twelve-A of the general municipal  law,  the  board  of  trustees,  instead  of  authorizing the appointment of a  planning board  under  this  article,  may  provide  that  the  existing  commission   shall  continue,  the  members  thereof  thereafter  to  be  appointed in accordance with the provisions of  such  article  twelve-A,  and  to  have  the  powers  and duties as specified for a planning board  appointed under this article, provided, however, that  in  such  village  section  two hundred thirty-eight of the general municipal law shall not  be in force.    16. Alternate members. a. A village board of trustees  may,  by  local  law or as a part of the local law creating the planning board, establish  alternate  planning  board member positions for purposes of substituting  for a member in the event such member is unable to  participate  because  of a conflict of interest. Alternate members of the planning board shall  be  appointed  by  the  mayor,  subject  to the approval of the board of  trustees, for terms established by the village board of trustees.    b. The chairperson of the planning board may  designate  an  alternate  member  to  substitute  for  a  member  when  such  member  is unable to  participate because of a conflict  of  interest  on  an  application  or  matter  before the board. When so designated, the alternate member shall  possess all the powers and responsibilities of such member of the board.  Such designation shall be  entered  into  the  minutes  of  the  initial  planning board meeting at which the substitution is made.    c.  All  provisions  of this section relating to planning board member  training and continuing education,  attendance,  conflict  of  interest,  compensation,  eligibility,  vacancy  in office, removal, and service on  other boards, shall also apply to alternate members.    17. Voting requirements. Every motion  or  resolution  of  a  planning  board  shall require for its adoption the affirmative vote of a majority  of all the members of the planning board. Where an action is the subject  of a referral to the county planning agency or regional planning council  the voting provisions of sections  two  hundred  thirty-nine-m  and  two  hundred thirty-nine-n of the general municipal law shall apply.