N.Y. Town Law § 271: Planning board, creation, appointment

§ 271. Planning board, creation, appointment. 1. Authorization. The

town board of each town is hereby authorized by local law or ordinance,

to create a planning board consisting of five or seven members and

shall, by resolution, appoint the members of such board and designate

the chairperson thereof. In the absence of a chairperson the planning

board may designate a member to serve as chairperson. The town board

may, as part of the local law or ordinance creating said planning board,

provide for the compensation of planning board members.

2. Appropriation for planning board. The town board is hereby

authorized and empowered to make such appropriation as it may see fit

for planning board expenses. In a town containing one or more villages,

or parts thereof, such charges and expenses less fees, if any collected,

shall be a charge upon the taxable property of that part of the town

outside of said villages and shall be assessed, levied and collected

therefrom in the same manner as other town charges. 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 town board for such

planning board.

3. Town board members ineligible. No person who is a member of the

town board shall be eligible for membership on such planning board.

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

shall be for terms so fixed that the term of one member shall expire at

the end of the calendar year in which such members were initially

appointed. The terms of the remaining members shall be so fixed that one

term shall expire at the end of each calendar 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 a calendar year shall, upon the

expiration of their term, hold office until the end of the calendar 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 town board may, by local law or

ordinance, increase a five member planning board to seven members.

Additional members shall be first appointed for single terms as provided

by resolution of the town board 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 town board 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 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 town board 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 town pursuant to this

subdivision.

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

by resolution of the town board when, in the judgment of the town board,

it is in the best interest of the town 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 town board shall appoint the new member for the

unexpired term.

9. Removal of members. The town board 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 town board by local law or ordinance.

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 provision

of this chapter or of any general, special or local law or ordinance, a

town board 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 town,

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 town. 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 town planning board by reason of serving

as a member of a village or county planning board.

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

town board 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 or ordinance of the town. Adoption of any such

recommendations by the town board shall be by local law or ordinance.

14. Report on referred matters; general reports. a. The town board may

by resolution 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 town board or other office or officer of said town having final

authority over said matter. The town board 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 town board in said resolution, to submit the report.

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

proposed town comprehensive plan or amendment thereto. In addition, the

planning board shall have full power and authority to make

investigations, maps, reports and recommendations in connection

therewith relating to the planning and development of the town as it

seems desirable, providing the total expenditures of said board shall

not exceed the appropriation provided therefor.

15. Alternate members. a. A town board may, by local law or ordinance,

or as 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 resolution of the town board, for

terms established by the town board.

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.

16. 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.