[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 5-13-1974 by L.L. No. 2-1974, 9-12-1977 by L.L. No.
3-1977 and 6-14-1993 by L.L. No. 2-1993; amended in its entirety 9-11-2000 by L.L. No.
3-2000. Subsequent amendments noted where applicable.]
[Amended 6-12-2007 by L.L. No. 3-2007]
Section 7-718 of the Village Law is hereby amended, pursuant
to Municipal Home Rule Law § 10, in its application to the
Village of Muttontown as follows:
A.
A Planning Board member may be substituted by the first alternate
member when the first alternate's presence is necessary to constitute
a quorum of the Board, on account of the absence or inability of a
regular Board member to serve or function; a Planning Board member
may be substituted by the second alternate member when the second
alternate's presence is necessary to constitute a quorum of the
Board, on account of the absence or inability of two regular Board
members to serve or function, or on account of the absence or inability
of one regular Board member and the first alternate member to service
or function.
B.
One person who is a member of the Village Board of Trustees shall
be eligible for membership on such Planning Board.
C.
The Mayor shall appoint a Chairperson and Vice Chairperson of the
Planning Board for terms of one year, respectively.
Section 7-730 of the Village Law is hereby amended,
pursuant to Municipal Home Rule Law § 10, in its application
to the Village of Muttontown as follows:
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"Playgrounds or other recreational purposes"
shall include conservation areas (for the protection of flora, fauna,
trees and wildlife) and open space easements to the village, subject
to the provisions of § 247 of the General Municipal Law,
for any space or area on the plat characterized by natural scenic
beauty or whose existing openness, natural condition or present state,
if retained, would enhance the present or potential value of neighboring
properties or enhance the conservation of natural or scenic resources
and habitat.
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A.
The membership of the Planning Board is increased from five members
to seven members appointed by the Board of Trustees; and from one
alternate member to two alternate members appointed by the Board of
Trustees, one of whom shall be designated as the first alternate member,
and the other of whom shall be designated as the second alternate
member.
B.
The term of membership on the Planning Board is decreased from seven
years to five years; alternate members shall serve for individual
terms of one year.
C.
Incumbent Planning Board members serving at the time of enactment
of this decrease in the term of membership on the Planning Board shall
serve out the balance of their original seven-year terms. Thereafter,
the members shall be appointed for terms of five years.
D.
Each member of the Planning Board shall attend, at a minimum, a majority
of the Board meetings occurring during each year of the respective
member's appointed term, and, at a minimum, one of every four
consecutive meetings occurring during the respective member's
appointed term.
E.
Each member of the Planning Board shall complete, at a minimum, four
hours of training each year 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. To be eligible
for reappointment to the Planning Board, a member shall have completed
the minimum training requirement. 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. No decision of the Planning Board shall be
voided or declared invalid because of a failure to comply with this
subsection.
F.
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 noncompliance with the minimum requirements relating
to meeting attendance or training established by this subsection.
[1]
Editor's Note: This local law provided an
effective date of 6-1-2001.]
[Added 6-12-2007 by L.L.
No. 3-2007]
An application pending before the Planning Board shall be deemed
abandoned and withdrawn by the applicant, and shall be discontinued
by the Board, after a lapse of 12 months without reasonable steps
having been taken by the applicant to advance the application. The
Board may, within 60 days thereafter, entertain a request for reinstatement
of the abandoned application based on good cause shown. Upon the discontinuance
of an abandoned application, the applicant shall be entitled to receive
a refund of any unexpended sums held on deposit by the Village in
connection with the application, and shall be responsible for reimbursement
to the Village of any reimbursable costs attributable to the application
which the deposit was insufficient to satisfy.
[Added 6-12-2007 by L.L.
No. 3-2007]
A secretary to the Planning Board shall be appointed upon recommendation
by the Mayor and approval by the Board. The secretary shall review
applications, communicate with applicants, create reports, schedule
matters before the Board, and file and disseminate decisions of the
Board.
