[HISTORY: Adopted by the Board of Trustees
of the Village of Nassau 3-4-63 by resolution; amended in its entiretyy 1-9-2019 by L.L. No. 1-2019. Subsequent amendments noted where applicable.]
A.
There shall be a Planning Board for the Village of Nassau, Rensselaer
County, New York, to be known as the "Nassau Planning Board," consisting
of five members appointed by the Village Board of Trustees according
to the requirements of Article 7-718 of the Village Law with staggered
terms.
B.
The Village Board of Trustees shall also appoint a Chairperson of
the Planning Board.
C.
Members and the Chairperson of such Planning Board shall be appointed
by the Mayor subject to the approval of the 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.
D.
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.
E.
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.
F.
Increasing membership. Any village board of trustees may, by local
law, increase a five-member planning board to seven members. Should
the Board be increased to seven members, each person shall be appointed
initially for a term of five years or six years, and thereafter seven
years to continue staggering membership appointments. Additional members
shall be first appointed for single terms in order that the terms
of members shall expire in each of seven successive years, and their
successors shall thereafter be appointed for full terms of seven years.
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.
G.
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.
H.
Training and attendance requirements. Each member of the Planning
Board shall complete, at a minimum, four hours of training each year
designed to enable such members to more effectively carry out their
duties. Training received by a member in excess of four hours in any
one year may be carried over by the member into succeeding years in
order to meet the requirements of this subsection. Such training shall
be approved by the Board of Trustees and may include, but not be limited
to, training provided by a municipality, regional or county planning
office or commission, county planning federation, state agency, statewide
municipal association, college or other similar entity. Training may
be provided in a variety of formats, including, but not limited to,
electronic media, video, distance learning and traditional classroom
training.
(1)
To be eligible for reappointment to such board, such member shall
have completed the training promoted by the Village pursuant to this
subsection.
(2)
The training required by this subsection may be waived or modified
by resolution of the Board of Trustees when, in the judgment of the
Board of Trustees, it is in the best interest of the Village to do
so.
(3)
No decision of a planning board shall be voided or declared invalid
because of a failure to comply with this subsection.
I.
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.
J.
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 (pursuant to Subsection H of this section) as established by the Village Board of Trustees by local law. Noncompliant meeting attendance shall be when a member does not attend for three consecutive meetings.
K.
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.
L.
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 board.
A.
Pursuant to said Article 7-712 and 7-738, said Planning Board is
hereby authorized and empowered to approve plats showing lots, blocks
or sites, with or without streets or highways, and to pass and approve
the development of plats already filed in the office of the Clerk
of said county if such plats are entirely or partially undeveloped.
B.
The Planning Board may review and make recommendations on a proposed
Village comprehensive plan or amendment thereto. At the request of
the Village Board of Trustees, the Planning Board shall also 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.
A.
A village board of trustees may 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.
B.
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.
C.
All provisions of this chapter 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.
Every motion or resolution of a planning board shall require
for its adoption the affirmative vote of a majority of all the members
of the planning board. Where an action is the subject of a referral
to the county planning agency or regional planning council the voting
provisions of §§ 239-m and 239-n of the General Municipal
Law shall apply.
