2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-718 - Planning board; creation, appointment.

 
    §  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  not

  limited  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 it

  seems 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.