The Village Board of Trustees (hereinafter the
"Trustees") hereby authorizes and ratifies the establishment of a
Village Planning Board (hereinafter the "Board"), consisting of five
voting members. The Board, established pursuant to Village Law § 7-718,
shall have all the powers and duties set forth therein, in addition
to any powers provided herein.
Board members and the Board Chair shall be appointed
by the Mayor subject to the approval of the Trustees. Such members
of the Board shall complete any training and education courses required
by resolution by the Trustees or the Board.
The Mayor shall also appoint, subject to the
approval of the Trustees, two alternate members (first and second)
to the Board. Such alternate members shall meet all the requirements
for eligibility of regular Board members. Alternate members shall
enjoy the same rights and privileges as regular Board members, including
the right to participate in all discussions; provided, however, that
an alternate member shall be entitled to vote only when a regular
Board member is not present or is disqualified from voting. When a
Board member will not be voting, the Board Chair shall authorize such
regular member's voting authority to the first alternate and in his/her
absence to the second alternate. Any further reference herein to "Board
member" shall include any alternate, unless otherwise indicated.
A.
Eligibility. Board members shall be residents of the
Village.
B.
Ineligibility.
(1)
Board members who, during their term, relocate their
permanent place of residence outside the Village may, at the discretion
of the Chair, remain until completion of the appointed term.
(2)
No person who is a Trustee or member of another of
the Village's boards or any joint Village board or committee shall
be eligible for membership on the Board. The sole exception to this
provision shall be the Board member designated to also serve on the
Joint Village Coastal Management Commission.
The terms of Board members shall be for five
years and so fixed that the term of one Board member shall expire
at the end of each official Village year. At the expiration of the
term of each member, his or her successor shall be appointed for a
term not to exceed five years in order to structure the terms so that
no more than one term expires each official Village year. Successors
shall then be appointed for terms which shall be equal in years to
the number of Board members. Alternate members shall be appointed
for one- or two-year terms and shall be staggered to ensure that an
experienced first alternate is on the Board at all times.
Vacancies occurring other than by the expiration
of term of office shall be filled only for the remainder of the unexpired
term. If a Board member vacancy shall occur otherwise than by expiration
of a term, the Board, acting through its Chair, shall, within 30 days
of the date of such vacancy, propose to the Mayor members to fill
said vacancy and, within 60 days of the date, one or more candidates
to fill the new member vacancy. The Mayor shall either appoint a new
member from the Board's candidate list or the Mayor's own candidate,
which shall be subject to the approval of the Trustees. Any vacancy
in the position of an alternate Board member shall be filled in the
same manner.
Once appointed, Board members may only be removed
for cause. The Mayor, subject to the approval of the Trustees, shall
have the power to remove, after public hearing, for cause. Cause for
removal shall include but not be limited to:
A.
Noncompliance with minimum requirements relating to
training and education as established by resolution of the Trustees.
B.
Noncompliance with meeting attendance requirements
established by resolution of the Trustees.
C.
Failure to comply with residency requirements set
forth herein.
D.
Failure to disclose conflicts of interest.
E.
Physical or mental impairment affecting the Board
member's ability to perform.
G.
Such other causes established by law.
The Board shall conduct all of its activities
relating to site plan and subdivision applications independent of
the Trustees. Board members shall not confer with Trustees on matters
associated with Board voting actions relating to the approval/disapproval
of site plan and subdivision applications.
A.
The Board shall coordinate its reviews and decisions
with the Board of Architectural Review, Building Inspector, Engineer,
Clerk, Attorney and Treasurer on a regular basis.
[Amended 4-15-2015 by L.L. No. 1-2015]
Board members shall serve without compensation.
Reimbursement for authorized travel, subsistence and out-of-pocket
expenses incurred in the performance of a member's duties may be made
from one of the Board's dedicated accounts. In the case of Board members,
authorization for expenditures and reimbursements must be in writing
from the Chair. In the case of the Chair, authorization for expenditures
and reimbursements must be in writing from the Mayor.
All meetings of the Board shall be held at the
call of the Chair and at such other times as the Board may determine.
The Chair or, in his or her absence, the Acting Chair may administer
oaths and compel the attendance of witnesses.
The Board may, after public hearing, recommend
to the Trustees regulations relating to any subject matter over which
the Board has jurisdiction. Adoption of any such regulations by the
Trustees shall be by local law. The Board shall also be empowered
to develop and, as may be appropriate, to amend detailed rules and
procedures with respect to the subdivision and site plan review applications.
Adoption of such rules and procedures shall follow a public hearing
conducted by the Board.
All Board meetings shall be public, subject
to the requirements and provisions of the State Open Meetings Law,
§ 100 et seq. of the Public Officers Law, including the
advertisement and posting of legal notices. All Board actions subject
to a formal vote shall be conducted during public sessions and recorded
by the Board secretary. All public meeting sessions of the Board in
which formal Board business is to take place must be attended by a
quorum of the Board, which shall consist of three voting members.
All voting by the Board with respect to site plan and subdivision
approval/disapproval and related actions shall be by a minimum vote
of a simple majority [three] of the entire Board [five]. Such related
actions include preliminary and final actions taken on applications;
actions to move applications (i.e., preliminary to final); and actions
related to applications (i.e., administrative, technical, environmental
or legal). All Board voting with respect to ministerial meeting matters
(i.e., to adjourn, to end, to enter into executive session) shall
be by vote of a simple majority of those members attending. All voting
by the Board on fiscal matters (i.e., appropriations, fees, expenses,
income, payments), as well as all other actions requiring the same,
shall be by a vote of a majority plus one (four members) of the Board.
The Board Chair shall submit monthly reports
to the Mayor and an annual report to the Mayor and Trustees summarizing
Board activities and finances.
A.
The Trustees may, by resolution, provide for the reference
of any matter or class of matters to the Board before final action
is taken thereon by the Trustees or other office, officer or board
of the Village having final authority over said matter. The Trustees
may further stipulate that final action thereon shall not be taken
until the Board has submitted its report thereon or has had a reasonable
time, to be fixed by the Trustees in said resolution, to submit the
report.
B.
The Board shall have the full power and authority
to make studies, investigations, maps, reports and recommendations
relating to the planning and development of the Village as it seems
desirable, provided that the total expenditures of the Board shall
not exceed the appropriation provided therefor.
C.
Any provision in this Chapter 165, Part 1, or otherwise in the Village Code to the contrary notwithstanding, any application to both the Planning Board and Zoning Board of Appeals shall first be forwarded to the Planning Board prior to any action taken by the Zoning Board of Appeals, and the Planning Board may in its discretion either hear and decide the application to conclusion or prepare an interim report to the Zoning Board of Appeals reserving full site plan review or subdivision review or other review until after the Zoning Board of Appeals decides the matter.
[Added 8-18-2010 by L.L. No. 5-2010]
[Amended 2-28-2018 by L.L. No. 1-2018; 5-20-2020 by L.L. No. 2-2020]
