Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 161.
Subdivision of land — See Ch. 192.
[Adopted 11-15-2005 by L.L. No. 1-2005]
This chapter shall hereafter be known and cited as the "Planning Board Law of the Village of Fort Plain."
The purpose of this chapter is to formalize the creation of the Village of Fort Plain Planning Board, as previously established by the Village, to carry out the responsibilities and authority as set forth herein and in § 7-718 of Article 7 of the Village Law of the State of New York, as the same may be amended, modified or changed from time to time, or any other sections subsequently adopted pertaining to planning boards.
The Planning Board shall consist of five members, each to serve for a term of five years. The members shall designate one member to be Chairperson. The Mayor, subject to the approval of the Village Board of Trustees, shall appoint the members of the Planning Board. No person who is a member of the Village Board shall be eligible for membership on the Planning Board. The terms of the five members shall be on a staggered basis such that the term of one member shall expire each year. At the expiration of the term of each member, the successor small be appointed for a five-year term.
If a vacancy shall occur otherwise than by expiration of a term, the Mayor shall appoint a new member to fill the balance of the unexpired term, subject to the approval of the Village Board.
All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as the Planning Board may determine.
The Planning Board shall establish such rules and regulations as it may determine to be appropriate for the transaction of its business and may amend, modify and repeal same from time to time.
The Planning Board shall have the following powers and duties:
A. 
To prepare, and from time to time make recommendations on, a proposed Comprehensive Plan for the development of the Village.
B. 
To review proposals to approve or disapprove the laying out, closing off, abandonment or changes in lines of streets, highways and public areas and to make recommendations to the Village Board.
C. 
To make investigations and reports relating to the planning and development of the Village as it deems desirable. This shall include, but not be limited to, changes in boundaries of districts, recommended changes in the provisions of this chapter, other land use and development matters of importance to the Planning Board and any matter lawfully referred to it by the Village Board.
D. 
To review, act on or provide advisory reports.
E. 
To conduct site plan review as authorized by the Village Law of the State of New York.
F. 
To perform any other duties which may be lawfully assigned to it by the Village Board.
G. 
To review and approve, approve with modifications or disapprove plats showing lots, blocks or sites for subdivisions under § 7-728 of Article 7 of the Village Law of the State of New York.
H. 
All such powers as are conferred upon village planning boards by the provisions of the Village Law of the State of New York now or hereafter in effect.
[Adopted 7-21-2010 by L.L. No. 1-2010]
This article is enacted pursuant to the authority of Chapter 365 of the Laws of 1976, which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law authorizing villages to adopt a local law which may amend or supersede any provision of the Village Law in relation to the property, affairs or government of the village or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession.
In order to permit the Planning Board of the Village of Fort Plain to transact business in the event where absence or conflicts of interest preclude a full membership of five members from considering a particular matter, it is deemed advantageous by the Fort Plain Village Board to enact an article superseding Village Law § 7-718 to provide for the appointment of alternate members to the Planning Board.
Section 7-718 of the Village law is hereby amended and superseded in its application to the Village of Fort Plain by adding a new Subparagraph 1A, providing as follows:
1A. The Village Board of the Village of Fort Plain may, in any year it deems necessary, appoint temporary alternate members to the Planning Board to serve as provided in this section. The number of temporary members so appointed pursuant to this section in any year shall not exceed three. Such temporary members shall be appointed for one-year terms of office. The chairperson of the Planning Board shall assign such temporary members as necessary when absence of regular members of said Board or the conflict of interest of regular members of said Board would otherwise prevent five members of said Board from considering any pending matter, but no more than two temporary members shall sit in determination of any pending matter. Such temporary members shall be designated on a rotating basis in the manner provided in the general governing rules of the Planning Board such that each temporary member shall be afforded an equal opportunity to serve. Once designated to serve on a particular matter before the Board, the temporary member shall have the same powers and duties as regular members of the Board until the matter is concluded. Any determination of said Board consisting of temporary members shall have the same weight and be entitled to the same authority as the act or deed of the regular Planning Board and all laws, statues and regulations shall apply and be applied with equal force and effect. All provisions of state law relating to planning board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of law relating to training, continuing education, compensation and attendance, shall apply to alternate members.