[HISTORY: Adopted by the Board of Trustees
of the Village of Fort Plain as indicated in article histories. Amendments
noted where applicable.]
[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:
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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.
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