N.Y. General City Law § 27: Planning board, creation and appointment

§ 27. Planning board, creation and appointment. 1. Authorization. The

legislative body of each city, except a city having a population of more

than one million, is hereby authorized by local law or ordinance 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

or other duly authorized appointing authority. In the absence of a

chairperson, the planning board may designate a member to serve as

chairperson. Not more than a minority of the members of such board shall

hold any other public office or position in such city.

2. Appropriation for planning board. The legislative body of each city

is hereby authorized and empowered to make such appropriation as it may

see fit for planning board expenses. The legislative body may, as part

of the local law or ordinance creating such planning board, provide for

the compensation of planning board members. 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 city legislative body for such planning

board; excepting and providing that in cities in which the general power

and authority to fix salaries and prescribe positions is placed in some

other board or officer the foregoing power and authority shall be in

such other duly authorized board or officer.

3. Legislative body members ineligible. No person who is a member of

the legislative body of a city to which the provisions of this section

are applicable, shall be eligible for membership on such planning board.

4. Terms of members first appointed. The terms of the members of the

planning board first appointed shall be so fixed that the term of one

member shall expire at the end of the 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 official year shall, upon

the expiration of their term, hold office until the end of the official

year and their successors shall then be appointed for terms which shall

be equal in years to the number of members of the planning board.

6. Increasing membership. Any legislative body of a city may, by local

law or ordinance, 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 legislative body of a city which has seven

members on the planning board may by local law or ordinance, 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 of a city, except a city having a population of more than

one million, 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 legislative body 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 city pursuant to this

subdivision.

c. The training required by this subdivision may be waived or modified

by resolution of the legislative body of the city when, in the judgment

of such legislative body, it is in the best interest of the city 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, or other duly authorized appointing

authority, shall appoint the new member for the unexpired term.

9. Removal of members. The mayor, or other duly authorized appointing

authority, 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 city legislative body by

local law or ordinance.

10. Compatibility of offices. The municipal officials or employees on

such board shall not, by reason of membership thereon, forfeit their

right to exercise the powers, perform the duties or receive the

compensation of the municipal office or position held by them during

such membership. No municipal officer or employee shall be appointed to

the planning board in the event such officer or employee cannot carry

out the duties of his or her position without a conflict in the

performance of his or her duties as a member of the planning board.

11. 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.

12. Service on other planning boards. No person shall be disqualified

from serving as a member of the city planning board by reason of serving

as a member of a county planning board.

13. Rules and regulations. The planning board may recommend to the

city legislative body regulations relating to any subject matter over

which the planning board has jurisdiction under this article or any

other statute, or under local law or ordinance of the city. Adoption of

any such recommendations by the city legislative body shall be by local

law or ordinance.

14. Report on referred matters; general reports. a. The legislative

body of the city may by general or special rule provide for the

reference of any matter or class of matters, other than those referred

to in subdivision thirteen of this section, to the planning board before

final action is taken thereon by the legislative body or other office or

officer of said city having final authority over said matter. The

legislative body 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 legislative body in

said rule, to submit the report.

b. The planning board may review and make recommendations on a

proposed city 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 city as it

deems desirable, providing the total expenditures of said board shall

not exceed the appropriation provided therefor.

15. Planning commission. In any city in which there is a planning

commission created under article twelve-A of the general municipal law,

the legislative body of the city, 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, in addition to the powers and duties as

specified in article twelve-A of the general municipal law, provided,

however, that in any such city section two hundred thirty-eight of the

general municipal law shall not be in force.

16. Alternate members. (a) The legislative body of each city except a

city having a population of more than one million may, by local law or

ordinance or as a part of the local law or ordinance 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 or other duly

authorized appointing authority, for terms established by the

legislative body of the city.

(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, compatibility of

office 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.