[HISTORY: Adopted by the Common Council of the City of Hornell 6-24-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
Subdivision of Land — See Ch. 275.
The Planning Board shall consist of seven members. The Mayor shall nominate and, by and with the consent of a majority of the Common Council in office, appoint members of the Planning Board. The members of the Planning Board shall annually designate a member to serve as Chairperson. The Mayor may require Planning Board members to complete training and continuing education courses in accordance with any local law requirements to be set up for the training of Planning Board members. Such training costs will be a charge against the City budget. Not more than a minority of the members of such Board shall hold any other public office or position in the City of Hornell.
The Common Council is authorized and empowered to make such appropriation as it may see fit for Planning Board expenses. They may provide for the compensation of Planning Board members by amendment to this chapter. 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 therefore by the Common Council.
No person who is a member of the City of Hornell Common Council shall be eligible for membership on the Planning Board.
Terms of members of the Planning Board shall be based on a calendar year. At the expiration of the term of each member, his or her successor shall be appointed for a seven-year term.
The members of the Planning Board active at the adoption of this chapter shall be appointed to the terms as follows: Members now holding office for terms which do not expire at the end of the official year shall, upon the expiration of their term, hold office until the end of the official year; and their successors shall be appointed for terms which shall be equal in years to the number of members of the Planning Board.
The Common Council may, by local law, decrease the membership of the Planning Board to five members, 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.
If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the unexpired term.
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 standards relating to meeting attendance and/or training as established by the Common Council by local law. Failure to attend at least one scheduled meeting in three consecutive calendar months may be cause for removal from office.
The City officials or employees on the Planning Board shall not, by reason of membership therein, forfeit their right to exercise the powers, perform the duties or receive the compensation of the City office or position held by them during such membership. No City officer or employee shall be appointed to the Planning Board in the event that such officer or employee cannot carry out the duties of his or her position without a conflict in the performance of his or her duties as a member of the Planning Board.
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. The Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
No person shall be disqualified from serving as a member of the City Planning Board by reason of serving as a member of a County Planning Board.
The Planning Board may recommend to the Common Council regulations relating to any subject matter over which the Planning Board has jurisdiction under state statute or under local law or ordinance of the City. Adoption of any such recommendations by the Common Council shall be by local law or ordinance.
The Common Council may, by general or special rule, provide for the reference of any matter or class of matters, other than those referred to in § 63-12 above, to the Planning Board before final action is taken thereon by the Common Council or other office or officer of the City having final authority over said matter. The Common Council may further stipulate that final action thereon shall not take place until the Planning Board has submitted its report thereon or has had reasonable time, to be fixed by the Common Council body in said rule, to submit the report.
In addition, the Planning Board shall have the full power and authority to make such investigation, maps, reports and recommendations in connection therewith relating to the planning and development of the City as it deems desirable, provided that the total expenditures of said board shall not exceed the appropriation therefor.