[HISTORY: Adopted by the Board of Trustees of the Village
of Lowville 11-2-2011 by L.L. No.
8-2011. Amendments noted where applicable.]
A.
The Village of Lowville Planning Board shall consist of five members
and up to two alternate members, appointed by the Village Board of
Trustees.
B.
Planning Board members are expected to be knowledgeable of laws,
regulations and Board policies and to abide by them.
C.
Appointments.
(1)
Appointments to the Planning Board are made by the Village Board
of Trustees.
(2)
The Planning Board consists of five voting members and may contain
up to two alternate members.
(3)
The term of each member is five years with each alternate being appointed
for a three-year term.
(4)
When there is a permanent vacancy, the Village Board of Trustees
shall appoint a person to serve for the unexpired term, as soon as
possible.
(5)
Any member of the Planning Board may be removed for cause in accordance
with these bylaws.
(6)
Appointees must be legal residents of the Village of Lowville when
appointed and while serving.
D.
Planning Board members have an obligation to attend regular monthly
meetings and special meetings. A vacancy shall be declared whenever
a member is absent for two consecutive meetings without appropriate
excuse, or whenever a member absents himself or herself for more than
30% of the meetings in a calendar year without appropriate excuse.
E.
Payment of a set amount, determined by the Board of Trustees, will
be made for attendance of meetings. Payment is made on a bi-yearly
basis, typically January and July.
F.
Planning Board members shall meet the minimum annual hourly requirements and obtain certified training in accordance to the standards set by the Village Board of Trustees to qualify for membership on the Planning Board and reappointment. (See § A231-6, Training requirements.)
G.
Vacancies.
(1)
Should any vacancy occur among the members of the Planning Board
by reason of death, resignation, disability or otherwise, immediate
notice thereof shall be given to the Village Clerk by the Chairperson
of the Board. Should such vacancy occur among the officers of the
Planning Board, the vacancy shall be filled by appointment of the
Village Board of Trustees as soon as possible. The officer so elected
is to serve the unexpired term of the office in which such vacancy
occurred.
(2)
The Planning Board may make recommendations regarding the vacancy
to the Village Board of Trustees for consideration for appointment
to a vacancy. If such recommendations are made on behalf of the Planning
Board, appointments shall be made only after an affirmative vote thereon.
This does not prohibit individual members of the Board from recommending
individual preferences to fill vacancies.
H.
Removal.
(1)
Any member of the Planning Board may be removed for cause at a joint
meeting of the Village Board of Trustees at any time; provided, however,
that before any such removal, such member shall be given an opportunity
to respond to allegations of such cause in writing to the Village
Board of Trustees and at a hearing before said Board as hereinafter
provided. Cause for removal of a member shall include:
(2)
Notice and hearing.
(a)
A notice stipulating the reasons for removal of a Planning Board
member pursuant to this chapter shall be given to the Planning Board
member scheduled for removal 10 days prior to such removal.
(b)
Removal of a Planning Board member from the Planning Board will
be effective 10 days after notice is given to the Planning Board member
scheduled for removal unless such Planning Board member requests a
hearing before a meeting of the Village Board of Trustees to contest
the removal. The request for a hearing shall be directed to the Mayor
and filed with the Village Clerk.
(c)
A hearing request pursuant to this chapter will be held at a
special meeting of the Village Board of Trustees following such request.
The decision of the Board at said hearing will be final and effective
as of the date of the decision or 10 days after notice of the Planning
Board member, whichever is later.
A.
The officers shall be a Chairperson and a Vice Chairperson.
B.
The Chairperson of the Board shall be appointed by resolution of
the Village Board of Trustees from amongst the appointed members,
and such officers shall be appointed at the first Village Board of
Trustees meeting held in January.
C.
The duties of the officers shall be as follows:
(1)
Chairperson.
(a)
To preside at all meetings.
(b)
To call special meeting in accordance with these bylaws.
(c)
To sign, together with the administrative support personnel,
all official documents of the Planning Board in accordance with the
requirements of these bylaws.
(d)
To see that all reports, documents, and actions of the Planning
Board are properly made, executed, filed or taken, as the case may
be, in accordance with law and actions and regulations of the Planning
Board.
(e)
To serve as liaison to the Lowville Village Board of Trustees.
(2)
Vice-Chairperson.
(a)
During the absence, disability or disqualification of the Chairperson,
the Vice Chairperson shall perform all the duties, exercise the powers
and be subject to all the responsibilities of the Chairperson.
(3)
Administrative support.
(a)
Such support may be provided by the Village Clerk's Office
or other separately hired staff at the Village Board of Trustee's
discretion.
(b)
Shall be responsible for minutes of any meetings being presented
to the Planning Board for approval. Minutes shall be type-written,
signed and submitted to the Code Enforcement Office for filing within
10 business days in accordance with New York State law.
(c)
Assure the Planning Board that all notices required by law or
by these bylaws are served, posted, or advertised by the Village Clerk's
Office.
(d)
To affix to any official document of this Planning Board the
official signature hereof whenever the same shall be required by law
or regulations of the Board.
(e)
Shall sign all minutes after their preparation and at the end
of each year and shall certify that all minutes of the proceeding
minutes are true and correct copy of the same.
(f)
Previous meeting minutes and proposed agenda for the future
meeting are available to Board members seven days prior to scheduled
meeting.
A.
The Administrative Support Staff shall perform such duties listed
below but not limited to:
(1)
Administrative support to the Board and its Chairperson.
(2)
Shall supervise all clerical work of the Board including:
(a)
All correspondence of the Board.
(b)
Publishing, posting, advertising, and mailing all notices required
by law and these bylaws.
(c)
Receive all applications, petitions and related plans submitted
to the Board.
(d)
Maintain all files and indexes.
(e)
Shall cause each member to be notified of the time, date and
place for each meeting.
(f)
Shall provide each member applications, petitions, related plans
and information necessary and in accordance to law, before any regular
or special meeting of the Planning Board.
A.
The Village Board shall, at its discretion, appoint two alternate
members.
B.
Alternate members may attend all meetings and participate in the
proceedings, but may vote only when designated by the Chairperson
to sit for a member.
C.
When a member is unable to participate for any reason, the Chairperson
shall designate an alternate member to act for the regular member
until the action is decided.
D.
Alternate members shall receive the same compensation as other Planning
Board members for any and all meetings which require their services
as stipulated by these bylaws.
E.
Alternate members shall serve a three-year term to be staggered if
members are appointed in any one fiscal year.
A.
A schedule of Planning Board meetings shall be posted yearly at the
Village Municipal Building.
B.
Special meetings may be called by the Chairperson, or by any three
members, on three days' written notice to each member, or shorter
notices may be waived by a motion of a majority of the Board voting
prior to conducting any business of the Board of a Special Meeting.
Notification of special meetings may be supplied via electronic mail
and/or telephone.
C.
A quorum shall consist of a majority of the members of the full Board
for any regular or special meeting.
D.
All members shall have equal voting rights.
E.
The following shall be the order of business of meetings of the Planning
Board:
(1)
Roll call.
(2)
Communications and reports.
(3)
Public hearings, if necessary.
(4)
Unfinished business.
(5)
New business.
(6)
Reading and approval of minutes of previous meetings.
(7)
Preliminary agenda for the next succeeding meeting based on unfinished
business or other items per the Chair.
(8)
Adjournment.
F.
Except where these rules and regulations otherwise provide, Robert's
Rules of Order, as revised, shall govern. All meetings shall be conducted
pursuant to the New York State Open Meetings Law; including regular,
annual and special meetings. Executive meetings shall be conducted
pursuant to § 105 of the Open Meetings Law.
G.
In the case of a referral made to the County Planning Department
in accordance with New York Law 239-m, "Extraordinary vote upon recommendation
of modification or disapproval. If such county planning agency or
regional planning council recommends modification or disapproval of
a proposed action, the referring body shall not act contrary to such
recommendation except by a vote of a majority plus one of all the
members thereof."
H.
No official business shall be conducted without a quorum present.
A quorum consists of three members, including any appointed alternates,
present and voting. It does not include anyone who cannot participate
due to a conflict of interest, as defined in these bylaws or state
or local law.
I.
A majority of the full Planning Board shall be required to pass a
motion, except where required by a supermajority.
J.
All applications to be reviewed must be received 10 days prior to
the scheduled meeting date.
K.
All meetings shall be adjourned no later than 10:30 p.m., except
with agreement of the majority of the Board.
L.
Work sessions.
(1)
With approval of the majority of the Planning Board, work sessions
may be called to consider amendments to the Comprehensive Plan, Zoning
Ordinance, Site Plan and Subdivision Regulations, bylaws and other
items related to the Board's activities.
(2)
Work sessions shall be open to the public. The public is not permitted
to address the Board at work sessions except with permission of the
Board.
A.
The Village Board of Trustees have enacted by resolution New York
State training required by Chapter 662 of the Laws of 2006 which shall
include:
(1)
Training is or may be provided by a municipality, county planning
office, state agency, college, or other similar entity by, but not
limited to, electronic media, video, distance learning or classroom
training or other such training as approved by the Village Board of
Trustees.
(2)
Shall require that members appointed by the legislative boards shall
complete a minimum of four hours of training each year.
A.
Any application, petition, plan or request brought before the Board
of action pursuant to any rule, ordinance or regulation shall state
the name and nature of interest of any Board member, municipal officer
or employee herein as defined in § 809, Article 18 of General
Municipal Law, Chapter 646 of the Consolidated Laws of New York State.
Any member of the Board having such interest in any matter brought
before the Board shall recuse him or herself from any consideration,
discussion or vote on such matters. Such recusal shall be noted in
the minutes by the Chairperson or Secretary, who shall note that no
vote was cast by such member, or no further information was provided
to that member on said matter.
The fiscal year shall be the same as the Village fiscal year
(beginning June 1).
These rules and regulations of organization and procedure may
be amended at any regular or special meeting at which a quorum of
the Board is present and consent thereto, or at any regular or special
meeting of which at least 10 days' written notice has been given
to the members, which shall contain the proposed amendment to be voted
upon.
