Lewiston Town City Zoning Code
ARTICLE XXIII
Planning Board
§ 360-160 Planning Board.
A.
Establishment. A Planning Board is hereby established which shall consist of seven members appointed by the Town Board, none of whom shall be members of the Town Board. The Town Board shall appoint one member as Chairperson. Terms of membership shall be seven years. Members of the Planning Board, appointed in accordance with the provisions of this chapter then in effect and in office when the chapter takes effect, shall continue to serve for the balance of the terms for which they were originally appointed. The Town Board shall have the power to remove any Planning Board member for failure to attend three-quarters of the scheduled meetings or failure to obtain training required pursuant to New York State Town Law § 271.
[Amended 5-12-2014 by L.L. No. 3-2014; 2-25-2019 by L.L. No. 1-2019]
B.
Powers and authorities. The Planning Board shall have the power and authority to make such investigations, maps and reports and recommendations relating to the planning and development of the Town or other matters, as are referred to said Board by the Town Board or this chapter. The Planning Board shall have the power to act on any matter on which the Planning Board is required or authorized to act by the provisions of the Town Code or any actions of the Town Board.
C.
Referrals. Matters referred to the Planning Board by the Town Board shall be placed on the agenda for consideration and action at the first meeting of the Planning Board after such reference.
D.
Use of experts. The Planning Board may, with the prior approval of the Town Board, have the power and authority to employ experts and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all, the appropriation, if any, that may be made for such Board.
E.
Quorum. A majority of the members of the Planning Board shall constitute a quorum for the transaction of business.
F.
Meeting schedule. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings shall be open to the public, except for executive sessions held in accordance with the New York Open Meetings Laws.
G.
Duties of the chairperson.
(1)
The Chairperson shall preside at all meetings of the Board and shall have a vote upon all questions brought before the Board;
(2)
The Chairperson shall sign all documents and correspondence of the Board; and
(3)
In the event of the absence or illness of the Chairperson, a temporary Chairperson (typically the Vice Chairman) shall preside and shall exercise all the authority vested in the Chairperson. A resolution shall be passed by the other Planning Board members appointing the person as the temporary Chairperson of the Planning Board.
H.
Duties of the recording secretary.
(1)
A recording secretary appointed by the Town Board shall be responsible for keeping minutes of all proceedings of the Board and shall see to the proper and correct filing of all books, papers and recommendations placed in the Board's care. The recording secretary shall relay to the Town Board all actions of the Planning Board and the reasons therefore as expressed by the members of the Planning Board, as required by this chapter; and
(2)
The recording secretary shall be responsible for calling special meetings of the Board upon receiving a request from the Chairperson or a written request by a majority of the Board to call a special meeting. Special meetings shall be called by giving a written notice of said meeting to each Board member; the purpose of the meeting shall be outlined in the written notice. Said notice shall be mailed to the members of the Board and be postmarked at least 48 hours, excluding Saturdays, Sundays, and holidays, prior to the time of the meeting. Special meetings of the Board, as ordered by the Town Board, shall be the only exception to this requirement.
I.
Rules of order.
(1)
The Planning Board may by resolution adopt rules of procedure for its meetings. Such rules shall comply with the Open Meetings Law.
(2)
Any member of the Board shall be allowed to call an "aye" or "nay" vote. Any member of the Planning Board who believes they have a conflict of interest on any matter on the Planning Board agenda shall voluntarily excuse themselves from discussion and voting on the matter.
(3)
All resolutions brought before the Board shall be submitted to the recording secretary, in writing, and all communications to the Board or its officers, shall be filed with the recording secretary.