Penn Yan City Zoning Code
ARTICLE XIA
Planning Board
§ 202-75.1 Creation and membership.
[Amended 5-20-2025 by L.L. No. 3-2025]
A.
There shall be a Village Planning Board appointed by the Mayor, subject to the approval of the Board of Trustees, of which Board shall consist of five members and two alternate members. All members and alternate members shall be residents of the Village of Penn Yan at the time of their appointment and throughout their term of office. The Mayor shall designate the Chairperson of the Planning Board at the time of appointment of the members. Members and alternate members shall be appointed for terms of one year. In the event that a vacancy shall occur other than by expiration of term, such vacancy shall be filled by appointment for the unexpired term by the Mayor, subject to the approval of the Board of Trustees. Terms shall commence on the first Monday in April of each year. Existing terms of office exceeding one year in length shall become a one-year term upon expiration of the existing terms subsequent to the effective date hereof.
B.
Any member or alternate member of the Planning Board may be removed for cause by the Board of Trustees, subsequent to public hearing. Such public hearing shall be held upon 10 days' written notice to the member or alternate member who is subject to such removal. Such written notice shall include the facts alleged to create the cause for removal from the Planning Board.
C.
Each Planning Board member and alternate member shall comply with the training requirements of Village Law § 7-718, Subdivision 7-a, which shall be a minimum of four hours per year as more specifically provided for in said section of the Village Law. Training hours in any year shall not carry over to subsequent terms of office. Training shall occur by Board members and alternate members as a group with discussion thereof by members as a unit.
D.
The Board of Trustees shall also provide for such expenses of the Planning Board as may be necessary and proper.
§ 202-75.2 Chairperson of Board.
The Chairperson of the Planning Board shall be designated by the Mayor, subject to the approval of the Board of Trustees or on failure of the Mayor to so appoint the Chairperson shall be elected from and by the members of the Planning Board.
§ 202-75.3 Alternate members of Planning Board.
A.
Two alternate members for the Planning Board shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for a term which expires at the end of the official year in which the alternate member is appointed. The Mayor shall designate which of the alternate Board members will substitute on the first occasion that service of an alternate Board member is deemed necessary and shall also designate the order in which alternate Board member will serve on such subsequent occasions.
B.
When a member of the Planning Board is expected to be absent or is absent for good cause or recuses himself or herself for proper cause from considering and voting on a particular application or matter, the Chairperson of the Board may designate an alternate Board member to substitute for such regular Board member. Such designation shall be made in accordance with the list of alternate Board members created pursuant to Subsection A hereof.
C.
When designated to substitute for a regular Board member, alternate Board members shall possess all the powers of a regular member of the Board. Such designation shall be entered into the minutes of the initial Board meeting at which the substitution is made. An alternate Board member may not consider or vote on an application made or recommendations sought prior to designation of the alternate Board member to substitute for an absence of a regular Board member. Any recommendation, decision or determination of the Board which includes the vote of one or more alternate Board members shall have equal force and effect as recommendations, decisions and determinations made solely by a vote of the regular members of the Board, provided that Subsection E of this section has been complied with.
D.
All provisions of law, regulation and policy relating to the Planning Board member's training, continuing education, meeting attendance, compensation, eligibility, vacancy in office, removal and service which apply to a regular Planning Board member shall apply to alternate members.
E.
In the event of the substitution of an alternate member for the purposes of providing a quorum for the Planning Board, such alternate member shall not participate in any vote taken by such Board unless that alternate member has first fully reviewed all of the records, documentation and minutes of previous proceedings pertaining to the matter being voted upon.
F.
This section supersedes New York State Village Law to the extent that said law limits the number of Planning Board members, fails to provide for appointment of and substitution by alternate Board members and prohibits Board members from taking part in consideration of any matter for which application was on file prior to the member's appointment.
§ 202-75.4 Power and authority.
The Planning Board shall have the power and authority to employ experts and a staff, as well as to pay for their services and such other expenses as may be necessary and proper, not exceeding the appropriation that has been made for such Board by the Board of Trustees.
§ 202-75.5 Rules and regulations.
The Board of Trustees may by local law, adopt rules and regulations with respect to procedure before the Planning Board, upon recommendation thereof by the Planning Board.
§ 202-75.6 Comprehensive Plan.
The Planning Board may prepare and recommend amendment of a Comprehensive Plan for adoption by the Board of Trustees. The Comprehensive Plan shall address development of the entire area of the Village, which Comprehensive Plan shall show existing and proposed streets, bridges and tunnels, and the approaches thereto, viaducts, parks, public reservations, roadways in parks, sites for public buildings and structures, zoning districts water ways and routes of public utilities, and such other features existing and proposed as will provide for the protection and improvement of the Village and its future growth and development and will afford adequate facilities for the public housing, transportation, distribution, comfort, convenience, public health, safety and general welfare of its population. The Comprehensive Plan, and all modifications thereof, shall be on file in the office of the Planning Board and in the offices of the Village engineer and Village Clerk.
§ 202-75.7 Public hearings; notice.
The Planning Board shall hold such public hearings as are prescribed herein and otherwise necessary and required by law. Notice of such hearings shall be made as provided in this chapter or otherwise.