§ 120-58. Planning Board.

A. 

Creation and appointment.

(1) 

Authorization. The Village Board of Trustees is authorized to create a Planning Board consisting of five or seven members. Members and the Chairperson of such Planning Board shall be appointed by the Village Board of Trustees. In the absence of a Chairperson, the Planning Board may designate a member to serve as Chairperson. The Village Board of Trustees may, as part of the local law creating said Planning Board, provide for the compensation of Planning Board members. In making such appointments, the Village Board of Trustees may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members.

(2) 

Appropriation for expenses. The Village Board of Trustees is hereby authorized and empowered to make such appropriation as it may see fit for Planning Board expenses. The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding the appropriation that may be made therefor by the Village Board of Trustees for such Planning Board.

(3) 

Village Board of Trustees ineligible. No person who is a member of the Village Board of Trustees shall be eligible for membership on such Planning Board.

(4) 

Terms of members first appointed. The terms of members of the Planning Board first appointed shall be so fixed that the term of one member shall expire at the end of the Village official year in which such members were initially appointed. The terms of the remaining members first appointed shall be so fixed that one term shall expire at the end of each official year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term which shall be equal in years to the number of members of the Planning Board.

(5) 

Terms of members now in office. Members now holding office for terms which do not expire at the end of the Village official year shall, upon the expiration of their term, hold office until the end of the Village official year, and their successors shall then be appointed for terms which shall be equal to five years.

(6) 

Increasing membership. The Village Board of Trustees may, by local law, increase a five-member Planning Board to seven members. If two new members are appointed in the same year, the first shall be appointed to a four-year term, and the second to a five-year term. No such additional member shall take part in the consideration of any matter for which an application was on file with the Planning Board at the time of his or her appointment.

(7) 

Decreasing membership. A Village Board of Trustees which has seven members on the Planning Board may, by local law, decrease the membership to five, to take effect upon the next two expirations of terms. However, no incumbent shall be removed from office except upon the expiration of his or her term, except as hereinafter provided.

(8) 

Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Village Board of Trustees shall appoint the new member for the unexpired term.

(9) 

Removal of members. The Village Board of Trustees 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 minimum requirements relating to meeting attendance and training as established by the Village Board of Trustees by local law.

B. 

Chairperson duties. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Planning Board may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

C. 

Appointment of agricultural member. Notwithstanding any provisions of this chapter or any general, special or local law, the Village Board of Trustees may, if an agricultural district created pursuant to § 303 of Article 25-AA of the Agriculture and Markets Law exists wholly or partly within the boundaries of such Village, include on the Planning Board one or more members each of whom derives an annual gross income of $10,000 or more from agricultural pursuits in said Village. As used in this subsection, the term "agricultural pursuits" means the production of crops, livestock and livestock products, agricultural products, and woodland products as defined in § 301 of the Agriculture and Markets Law.

D. 

Service on other planning boards. No person shall be disqualified from serving as a member of the Village Planning Board by reason of serving as a member of the town or county planning agency.

E. 

Rules and regulations. The Planning Board may recommend to the Village Board of Trustees regulations relating to any subject matter over which the Planning Board has jurisdiction under this chapter or any other statute, or under any local law of the Village. Adoption of any such recommendations by the Village Board of Trustees shall be by local law.

F. 

Report on referred matters; general reports.

(1) 

The Village Board of Trustees may seek input from the Planning Board where its input would help the Trustees make a more informed decision. The Village Board of Trustees may by resolution provide for the reference of any matter or class of matters, other than those referred to in subdivision 10 of this section, to the Planning Board before final action is taken thereon by the Village Board of Trustees or other office or officer of said Village having final authority over said matter. The Village Board of Trustees may further stipulate that final action thereon shall not be taken until the Planning Board has submitted its report thereon, or has had a reasonable time, to be fixed by the Village Board of Trustees in said resolution, to submit the report.

(2) 

The Planning Board may review and make recommendations on a proposed Village comprehensive plan or amendment thereto. In addition, the Planning Board shall have the full power and authority to make investigations, maps, reports and recommendations in connection therewith relating to the planning and development of the Village as it seems desirable, provided that the total expenditures of said Planning Board shall not exceed the appropriation provided therefor.

G. 

Planning Commission. When a Planning Commission is created under Article 12-A of the General Municipal Law, the Village Board of Trustees, instead of authorizing the appointment of a Planning Board under this chapter, may provide that the existing Commission shall continue, the members thereof thereafter to be appointed in accordance with the provisions of such Article 12-A, and to have the powers and duties as specified for a Planning Board appointed under this chapter; provided, however, that in the Village § 238 of the General Municipal Law shall not be in force.

H. 

Alternate members.

(1) 

The Village Board of Trustees may, by local law or as a part of the local law creating the Planning Board, establish alternate Planning Board member positions for purposes of substituting for a member in the event that such member is unable to participate because of a conflict of interest. Alternate members of the Planning Board shall be appointed by the Village Board of Trustees, subject to the approval of the Village Board of Trustees, for terms established by the Village Board of Trustees.

(2) 

The Chairperson of the Planning Board may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Planning Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Planning Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.

(3) 

All provisions of this section relating to Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Planning Boards shall also apply to alternate members.