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Clinton Village City Zoning Code

ARTICLE XIII

Planning Board

§ 260-45 Planning Board creation and appointment.

The Village Board of Trustees hereby establishes a Village Planning Board in accordance with the provisions of the New York State Village Law. The Planning Board shall consist of five members, each to serve for a term of three years.
Appointment of members. The Mayor shall appoint the Planning Board and the Chairperson thereof. In the absence of a Chairperson, the Planning Board may designate a member to serve as Acting Chairperson. The Board of Trustees may provide for compensation of Planning Board members. In making such appointment, 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.
Appropriation for Planning Board. 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 in all the appropriation that may be made therefor by the Village Board of Trustees for such Planning Board.
Village Board of Trustees ineligible. No person who is a member of the Village Board of Trustees shall be eligible for membership on the Planning Board.
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 Board.
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 official village year and their successors shall then be appointed for term which shall be equal in years to the number of members of the Board.
Increasing membership. The Village Board of Trustees may, by local law, increase a five member Planning Board to seven members. Additional members shall be first appointed for single term in order that the terms of members shall expire in each of seven successive years and their successors shall thereafter be appointed for full term of seven years. No such additional member shall take part in the consideration of any matter of which an application was on file with the Planning Board at the time of his or her appointment.
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.
Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the unexpired term.
Removal of members. The Mayor 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.
Chairperson duties. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such board may determine. Such Chairperson, or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
Appointment of agricultural member. Notwithstanding any provisions of this chapter or any general, special or local law, the Mayor 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 $10,000 or more annual gross income from agricultural pursuits in said village. As used in this subsection, the term "agricultural pursuits" means the production of crops, livestock and livestock products, aquacultural products, and woodland products as defined in § 301 of the Agriculture and Markets Law.
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 Boards.
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 article 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.
Report on referred matter; general reports.
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 Subsection M 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.
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, providing the total expenditures of said board shall not exceed the appropriation provided therefor.
Planning Commission. In any village in which there is a planning commission created under Article 12-A of the General Municipal Law, the Board of Trustees, instead of authorizing the appointment of a planning board under this article, 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 article; provided, however, that in such village § 238 of the General Municipal Law shall not be in force.
Alternate members.
A 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 such member is unable to participate because of a conflict of interest. Alternate members of the Planning Board shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for terms established by the Village Board of Trustees.
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 Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
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 boards, shall also apply to alternate members.