§ 27 — Planning board, creation and appointment

New York § 27

• Jurisdiction: New York
• Law GCT: General City
• Art. 3: No title

Text

§ 27. Planning board, creation and appointment. 1. Authorization. The\nlegislative body of each city, except a city having a population of more\nthan one million, is hereby authorized by local law or ordinance to\ncreate a planning board consisting of five or seven members. Members and\nthe chairperson of such planning board shall be appointed by the mayor\nor other duly authorized appointing authority. In the absence of a\nchairperson, the planning board may designate a member to serve as\nchairperson. Not more than a minority of the members of such board shall\nhold any other public office or position in such city.\n 2. Appropriation for planning board. The legislative body of each city\nis hereby authorized and empowered to make such appropriation as it may\nsee fit for planning board expenses. The legislative body may, as part\nof the local law or ordinance creating such planning board, provide for\nthe compensation of planning board members. The planning board shall\nhave the power and authority to employ experts, clerks and a secretary,\nand to pay for their services, and to provide for such other expenses as\nmay be necessary and proper, not exceeding in all the appropriation that\nmay be made therefor by the city legislative body for such planning\nboard; excepting and providing that in cities in which the general power\nand authority to fix salaries and prescribe positions is placed in some\nother board or officer the foregoing power and authority shall be in\nsuch other duly authorized board or officer.\n 3. Legislative body members ineligible. No person who is a member of\nthe legislative body of a city to which the provisions of this section\nare applicable, shall be eligible for membership on such planning board.\n 4. Terms of members first appointed. The terms of the members of the\nplanning board first appointed shall be so fixed that the term of one\nmember shall expire at the end of the official year in which such\nmembers were initially appointed. The terms of the remaining members\nfirst appointed shall be so fixed that one term shall expire at the end\nof each official year thereafter. At the expiration of the term of each\nmember first appointed, his or her successor shall be appointed for a\nterm which shall be equal in years to the number of members of the\nboard.\n 5. Terms of members now in office. Members now holding office for\nterms which do not expire at the end of the official year shall, upon\nthe expiration of their term, hold office until the end of the official\nyear and their successors shall then be appointed for terms which shall\nbe equal in years to the number of members of the planning board.\n 6. Increasing membership. Any legislative body of a city may, by local\nlaw or ordinance, increase a five member planning board to seven\nmembers. Additional members shall be first appointed for single terms in\norder that the terms of members shall expire in each of seven successive\nyears and their successors shall thereafter be appointed for full terms\nof seven years. No such additional member shall take part in the\nconsideration of any matter for which an application was on file with\nthe planning board at the time of his or her appointment.\n 7. Decreasing membership. A legislative body of a city which has seven\nmembers on the planning board may by local law or ordinance, decrease\nthe membership to five, to take effect upon the next two expirations of\nterms. However, no incumbent shall be removed from office except upon\nthe expiration of his or her term, except as hereinafter provided.\n 7-a. Training and attendance requirements. a. Each member of the\nplanning board of a city, except a city having a population of more than\none million, shall complete, at a minimum, four hours of training each\nyear designed to enable such members to more effectively carry out their\nduties. Training received by a member in excess of four hours in any one\nyear may be carried over by the member into succeeding years in order to\nmeet the requirements of this subdivision. Such training shall be\napproved by the legislative body and may include, but not be limited to,\ntraining provided by a municipality, regional or county planning office\nor commission, county planning federation, state agency, statewide\nmunicipal association, college or other similar entity. Training may be\nprovided in a variety of formats, including but not limited to,\nelectronic media, video, distance learning and traditional classroom\ntraining.\n b. To be eligible for reappointment to such board, such member shall\nhave completed the training promoted by the city pursuant to this\nsubdivision.\n c. The training required by this subdivision may be waived or modified\nby resolution of the legislative body of the city when, in the judgment\nof such legislative body, it is in the best interest of the city to do\nso.\n d. No decision of a planning board shall be voided or declared invalid\nbecause of a failure to comply with this subdivision.\n 8. Vacancy in office. If a vacancy shall occur otherwise than by\nexpiration of term, the mayor, or other duly authorized appointing\nauthority, shall appoint the new member for the unexpired term.\n 9. Removal of members. The mayor, or other duly authorized appointing\nauthority, shall have the power to remove, after public hearing, any\nmember of the planning board for cause. Any planning board member may be\nremoved for non-compliance with minimum requirements relating to meeting\nattendance and training as established by the city legislative body by\nlocal law or ordinance.\n 10. Compatibility of offices. The municipal officials or employees on\nsuch board shall not, by reason of membership thereon, forfeit their\nright to exercise the powers, perform the duties or receive the\ncompensation of the municipal office or position held by them during\nsuch membership. No municipal officer or employee shall be appointed to\nthe planning board in the event such officer or employee cannot carry\nout the duties of his or her position without a conflict in the\nperformance of his or her duties as a member of the planning board.\n 11. Chairperson duties. All meetings of the planning board shall be\nheld at the call of the chairperson and at such other times as such\nboard may determine. Such chairperson, or in his or her absence, the\nacting chairperson, may administer oaths and compel the attendance of\nwitnesses.\n 12. Service on other planning boards. No person shall be disqualified\nfrom serving as a member of the city planning board by reason of serving\nas a member of a county planning board.\n 13. Rules and regulations. The planning board may recommend to the\ncity legislative body regulations relating to any subject matter over\nwhich the planning board has jurisdiction under this article or any\nother statute, or under local law or ordinance of the city. Adoption of\nany such recommendations by the city legislative body shall be by local\nlaw or ordinance.\n 14. Report on referred matters; general reports. a. The legislative\nbody of the city may by general or special rule provide for the\nreference of any matter or class of matters, other than those referred\nto in subdivision thirteen of this section, to the planning board before\nfinal action is taken thereon by the legislative body or other office or\nofficer of said city having final authority over said matter. The\nlegislative body may further stipulate that final action thereon shall\nnot be taken until the planning board has submitted its report thereon,\nor has had a reasonable time, to be fixed by the legislative body in\nsaid rule, to submit the report.\n b. The planning board may review and make recommendations on a\nproposed city comprehensive plan or amendment thereto. In addition, the\nplanning board shall have the full power and authority to make\ninvestigations, maps, reports, and recommendations in connection\ntherewith relating to the planning and development of the city as it\ndeems desirable, providing the total expenditures of said board shall\nnot exceed the appropriation provided therefor.\n 15. Planning commission. In any city in which there is a planning\ncommission created under article twelve-A of the general municipal law,\nthe legislative body of the city, instead of authorizing the appointment\nof a planning board under this article, may provide that the existing\ncommission shall continue, the members thereof thereafter to be\nappointed in accordance with the provisions of such article twelve-A,\nand to have the powers and duties as specified for a planning board\nappointed under this article, in addition to the powers and duties as\nspecified in article twelve-A of the general municipal law, provided,\nhowever, that in any such city section two hundred thirty-eight of the\ngeneral municipal law shall not be in force.\n 16. Alternate members. (a) The legislative body of each city except a\ncity having a population of more than one million may, by local law or\nordinance or as a part of the local law or ordinance creating the\nplanning board, establish alternate planning board member positions for\npurposes of substituting for a member in the event such member is unable\nto participate because of a conflict of interest. Alternate members of\nthe planning board shall be appointed by the mayor or other duly\nauthorized appointing authority, for terms established by the\nlegislative body of the city.\n (b) The chairperson of the planning board may designate an alternate\nmember to substitute for a member when such member is unable to\nparticipate because of a conflict of interest on an application or\nmatter before the board. When so designated, the alternate member shall\npossess all the powers and responsibilities of such member of the board.\nSuch designation shall be entered into the minutes of the initial\nplanning board meeting at which the substitution is made.\n (c) All provisions of this section relating to planning board member\ntraining and continuing education, attendance, conflict of interest,\ncompensation, eligibility, vacancy in office, removal, compatibility of\noffice and service on other boards, shall also apply to alternate\nmembers.\n 17. Voting requirements. Every motion or resolution of a planning\nboard shall require for its adoption the affirmative vote of a majority\nof all the members of the planning board. Where an action is the subject\nof a referral to the county planning agency or regional planning council\nthe voting provisions of sections two hundred thirty-nine-m and two\nhundred thirty-nine-n of the general municipal law shall apply.\n