N.Y. Village Law § 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.