[HISTORY: Adopted by the Board of Trustees
of the Village of Newark 4-11-2002 by L.L. No. 3-2002; amended in its entirety 10-18-2022 by L.L. No.
3-2022. Subsequent amendments noted where applicable.]
Pursuant to Article 7 of the Village Law, § 7-718,
the Village Board of the incorporated Village of Newark does hereby
establish a Village Planning Board, consisting of five members.
A.
The first appointments of members thereto shall be for terms so fixed
that at least one will expire at the end of each official year commencing
at the end of the current such year and continuing in succeeding years
until the entire original appointments run out. At the expiration
of each original appointment the succeeding member shall be appointed
for a five-year term. No such term shall exceed five years.
B.
Position established for alternate members. The position of alternate
member(s) of the Planning Board of the Village of Newark is hereby
established. The Village Board is authorized to appoint up to three
alternate members.
C.
Terms. All alternate members of the Planning Board of the Village
of Newark shall be appointed for a one-year term and in the same manner
as regularly appointed members of the Planning Board.
D.
Duties.
(1)
Alternate members shall serve in the absence, unavailability or inability
of a regular member of the Planning Board to serve. Copies of notices
shall be sent to all members. When a meeting of the Planning Board
shall be duly noticed and called for discussion, if it shall become
apparent that a regular member of the Planning Board will be unable
to hear and deliberate upon an application, then an alternate member
of the Planning Board shall be duly authorized to hear the application,
to deliberate and to vote with full force and effect as if duly appointed
a regular member of the Board.
(2)
All members and alternates shall complete yearly training subject
to requirements put forth by the Village Board.
A.
A Chairperson shall be appointed.
B.
The Chairperson shall be appointed from among the members by the
Village Board. In the event of death or resignation of any officer,
a successor shall be appointed by the Village Board as soon as possible.
C.
The Chairperson shall supervise the affairs of the Planning Board,
shall preside at all meetings of the Board and shall appoint such
committees and subcommittees, of such size as may be necessary, to
carry out the purposes of the Planning Board. The Chairperson shall
be an ex-officio member of all committees and subcommittees so appointed.
D.
In the absence or disability of the Chairperson, another member shall
perform the duties and exercise all the powers of the Chairperson.
E.
There shall be a Secretary to the Planning Board appointed by the
Village Board.
(1)
The Secretary shall record and maintain permanent minutes of the
meeting of the Planning Board, which minutes shall be a public record;
shall keep a record of attendance of members at such meetings; shall
inform applicants in writing of the Board's decisions; shall
perform such other duties as shall be delegated by the Chairperson.
The decision must be filed with the Village Clerk within five days
and shall be a public record. The minutes shall be provided to the
Village Clerk and the Village Board within two weeks of the Planning
Board meeting, and a copy thereof sent to mailed to the applicant.
(2)
In the absence of the Secretary, the Board shall select a temporary
Secretary to perform the duties of Secretary.
F.
The five members of the Board are appointed by the Village Board for five-year terms. Members appointed to fill a vacancy, however, shall be appointed only for the unexpired term. All members shall become familiar with the General Governing Rules in Article V herein (§ 112-7), and any other references referred by the Chairperson concerning specific issues under discussion.
A.
Regular meetings shall be held on the first Monday of each month,
at 6:30 p.m. on the second floor of the Municipal Building located
at 100 East Miller Street, Newark, NY 14513, unless such day shall
be a recognized holiday. Alternate dates will be scheduled in the
event of a holiday.
B.
Special meetings may be called by the Chairperson, or by any three
members.
A.
A quorum shall be required to conduct business at any regular or
special meeting and shall consist of at least three members of the
Board or duly appointed alternate members. No hearing or meeting of
the Board shall be held, nor any action taken, in the absence of a
quorum, however; those members present shall be entitled to request
the Chairperson to call a special meeting for a subsequent date. All
subsequent hearings shall be readvertised in accordance with the requirements
of the applicable law.
B.
All members shall have equal voting rights.
C.
All matters shall be decided by a roll call vote. A concurring vote
of three of the members present shall be required to act on any matter
before the Board. A tie vote or favorable vote by a lesser number
than the required majority shall be considered a rejection of the
application under consideration.
D.
Conflict of interest.
(1)
No member of the Board shall sit in a hearing or vote on any matter
in which he or she is personally or financially interested. Said member
shall not be counted by the Board in establishing the quorum for such
matter.
(2)
If a member has a question concerning the appropriateness of his
or her participation in a hearing or vote, after discussion with the
Chairperson the matter may be referred to the Village Attorney or
other ethics committee for advice. This referral should occur prior
to the meeting to avoid a delay for the applicant.
A.
Upon adoption of these bylaws by the Village of Newark, the Secretary
shall file a copy of these bylaws with the Village Clerk and they
shall be a public record.
B.
Recommendations to amend these bylaws may be made at any Planning
Board regular meeting. Proposed amendments shall be presented to the
members in writing at least one month prior to the date on which a
vote is to take place. Recommended amendments shall then be forwarded
to the Village Board for adoption.
