Section 7-718. Planning board; creation, appointment  


Latest version.
  • 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.