Per § 7-718 of NYS Village Law the Planning Commission
previously established under local law and still in existence at the
time of this chapter's enactment shall hereby be continued.
B.
Qualifications of members.
(1)
Planning Commission members are required to be residents of
the Village.
(2)
No current Trustee of the Village of Hamburg may serve as a
member of the Planning Commission.
(3)
This requirement may be waived by the Village Board should it
determine that it is in the best interest of the Village to do so.
C.
Chairperson.
(1)
The Mayor shall, pursuant to NYS Village Law, designate the
Chairperson of the Planning Commission. The Chairperson shall be designated
from the existing members of the Planning Commission. Such designation
may be changed at any time by the Village Board.
(2)
In the absence of such designation, the Chairperson of the Planning
Commission shall be designated from amongst the members by an affirmative
vote of a majority of the members, and may be changed at any time
by an affirmative vote of a majority of the members. The members of
the Planning Commission may appoint a Vice Chairperson from its members.
(3)
The Chairperson shall have the right to vote on all matters
before the Planning Commission. In the Chairperson's absence,
the board may designate an acting Chairperson by affirmative vote
of a majority of the Planning Commission.
D.
Vacancies. Vacancies occurring other than by expiration of a term
of office shall be filled by appointment of the Mayor pursuant to
NYS Village Law. Any such appointment shall be for the unexpired portion
of the term of the replaced member.
E.
Alternate members.
(1)
The Village Board may confirm up to two alternate Planning Commission
members upon appointment of such by the Mayor. Alternate members shall
be automatically called to serve in the event that a regular member
is absent, has a conflict of interest, or is otherwise unable to fulfill
their duties.
(2)
When serving, alternate members shall have all the powers and
responsibilities of a full-time member.
(3)
All member requirements relating to training, attendance, conflicts
of interest, eligibility, vacancy, removal, and service shall also
apply to alternate members.
A.
Each member of the Planning Commission 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 this requirement.
B.
Such training shall be approved by the Village Board and may include,
but not be limited to, training provided by a municipality, regional
or county planning office or board, 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.
C.
To be eligible for reappointment to the Planning Commission, a member
shall have completed the training approved as set forth above.
D.
The training may be waived or modified by resolution of the Village
Board when, in the judgment of the Board of Trustees, it is in the
best interest to do so.
E.
No decision of the Planning Commission shall be voided or declared
invalid because of a failure to comply with the training requirements
herein.
A.
By-laws. The Planning Commission may approve by-laws that are consistent
with the regulations adopted by the Village Board.
B.
Quorum. A simple majority of the Planning Commission members shall
constitute a quorum for the transaction of business. An affirmative
vote of a majority of the full Planning Commission is required to
approve any resolution, motion, or other matter before the Planning
Commission.
C.
Meetings. Meetings may be held at any time on the written request
of any two Planning Commission members or at the call of the Chairperson.
D.
Public meeting and hearings. The Planning Commission shall hold public
meetings and hearings as required by this chapter and decisions shall
be voted upon at public sessions. The Planning Commission may otherwise
hold executive sessions in accordance with the NYS Open Meetings Law.
E.
Recommendations. The Planning Commission may seek recommendations
from the Village Board, Historic Preservation Commission, Zoning Board
of Appeals, Village officials or departments, or other agencies as
it deems appropriate.
F.
Attendance. All members are required to attend and take an active
part in all scheduled meetings. If a member is unable to attend a
meeting, they must notify the secretary so that an alternate member
can be called upon to attend.
A.
Secretary and staff. The Village Board may confirm a secretary to
serve at the pleasure of the Planning Commission, upon appointment
of such by the Mayor. At the time of service, the secretary shall
not also serve as member of the Planning Commission. The secretary
shall keep a record of all resolutions proceedings, and actions of
the Planning Commission, as well as attendance of Planning Commission
members.
B.
Voting records. The Planning Commission is subject to the NYS Freedom
of Information Law and the Open Meetings Law. The vote or failure
to vote of each Planning Commission member shall be recorded. If any
Planning Commission member abstains from voting based on a conflict
of interest or otherwise, the member must also state his or her reason(s)
or ground(s) for doing so on the record.
C.
Minutes. Planning Commission meeting minutes, including a record
of the Planning Commission's decisions and determinations, shall
be filed with the Village Clerk as they are completed.
The Village Board shall have the power to remove, after public
hearing, any member of the Planning Commission for cause. Cause for
such removal shall include, but not be limited to:
A.
Absence from three consecutive regular or special meetings other
than for illness or valid personal reasons substantiated by documented
evidence;
B.
Absence from 80% of the regularly scheduled meetings within any twelve-month
period other than for illness or valid personal reasons substantiated
by documented evidence; or
C.
Failure to obtain and comply with the training requirements as set
forth in this chapter.
A.
Advisory authority. Pursuant to this article and NYS Village Law,
the Planning Commission is hereby authorized and empowered with review
and advisory authority for the following actions:
B.
Additional powers. The Planning Commission may exercise additional
powers as directed by the Village Board, as may be described elsewhere
in this chapter, and as permitted by NYS Village Law.
