[HISTORY: Adopted by the Board of Trustees
of the Village of Old Westbury as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-19-1985 by L.L. No. 5-1985;
amended in its entirety 8-15-2016 by L.L. No. 8-2016]
Section 7-718 of the Village Law, insofar as it applies to the
Village of Old Westbury, be and hereby is amended and the following
addition inserted: "Notwithstanding the above, at the expiration of
each appointment to the Village Planning Board, the succeeding members
shall be appointed for three-year terms."
Any and all inconsistent provisions of Village Law § 7-718,
insofar as it applies to the Village of Old Westbury, be and hereby
are repealed.
[Adopted 4-19-1993 by L.L. No. 1-1993;
amended in its entirety 8-15-2016 by L.L. No. 8-2016]
A.
The New York State Legislature has adopted an amendment to the Village
Law which would prohibit a member of the Village Board of Trustees
from serving as a member of the Village Planning Board, L. 1992, c.
663. This amendment to the Village Law becomes effective on July 1,
1993.
B.
The Board of Trustees, however, is mindful that pursuant to the authority
set forth in Municipal Home Rule Law § 10(1)(ii) and the
New York State Constitution, and in accordance with the New York State
Court of Appeals decision in Kamhi v. Town of Yorktown, 74 N.Y.2d
423 (1989), the Board of Trustees has the power to supersede state
law relating to the property, affairs or government of the Village.
C.
It has long been the practice in the Incorporated Village of Old
Westbury (hereinafter the "Village") to have a member of the Village
Board of Trustees also serve on the Village Planning Board, and it
is this Board's intention to continue the practice because it
believes that the best interests of the Village are served by the
practice.
D.
The Board of Trustees recognizes that the Planning Board, in exercising
its delegated powers pursuant to Village Law §§ 7-725-a,
7-725-b and 7-728, is responsible for making important decisions and
recommendations which concern the overall pattern of development and
land use within the Village. The Board of Trustees is also aware that
such Planning Board activities may have a significant impact on the
Village and its residents, and often affect other aspects of Village
government. Indeed, past experience has demonstrated that with respect
to land use and zoning, Village government operates more efficiently
and more effectively when the Board of Trustees is kept apprised of
Planning Board matters directly through a liaison member serving concurrently
on both Village boards. Accordingly, it is the intention of the Board
of Trustees to supersede Village Law § 7-718(3), to allow
members of the Board of Trustees to be eligible for appointment to
the Planning Board.
E.
It is also the intention of the Board of Trustees to supersede Village
Law § 7-718(16), to appoint an alternate member of the Planning
Board who can participate, not only in the event of a conflict of
interest, but whenever such participation is required to form a quorum
of the Board.
Pursuant to the authority set forth in Municipal Home Rule Law
§ 10(1)(ii) and the New York State Constitution, Village
Law § 7-718, Subdivision 3, as added by Chapter 663 of the
Laws of 1992, is hereby superseded as it applies to the Village of
Old Westbury, and the Village Code is amended to read as follows:
A.
A person who is a member of the Village Board of Trustees shall be
eligible for appointment to the Village Planning Board; provided,
however, that in no event shall the Village Planning Board include
more than one member who is presently serving in the capacity of a
Village Trustee.
Pursuant to the authority set forth in Section 7-718, Subdivision
16, of the New York State Village Law, the Board of Trustees hereby
establishes an alternate Planning Board member position for the purpose
of substituting for any member whenever such participation is required
to form a quorum of the Board. The alternate member of the Planning
Board shall be appointed by the Mayor, subject to the approval of
the Village Board of Trustees, for a term of one year.
All members of the Planning Board, including the alternate member,
shall be required to attend at least 75% of all meetings and site
inspections for each calendar year. In the event a member does not
meet this attendance requirement, such member may be removed by the
Mayor, subject to the approval of the Village Board of Trustees, after
a public hearing.
