[HISTORY: Adopted by the Board of Trustees of the Village
of East Rockaway 6-20-2011 by L.L. No. 6-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 50, Planning Commission, adopted
6-12-1967 by L.L. No. 1-1967, as amended, was repealed 7-9-2007 by
L.L. No. 14-2007.
The Village Board of Trustees hereby creates a Planning Board
of five members.
It is the intent and purpose of the Board of Trustees in adopting
this chapter to grant the Planning Board the full authority that is
or may be granted to such body by New York State Village Law, including
but not limited to the review, and approval or disapproval, of site
plans, the review, and approval or disapproval, of proposed subdivisions,
and the review, and approval or disapproval, of applications for special
use permits.
A.
No person who is a member of the Village Board of Trustees or a member
or an alternate member of the Zoning Board of Appeals shall be eligible
for membership on the Planning Board.
B.
The Mayor shall appoint members and the Chairperson of the Planning
Board, 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.
C.
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.
D.
Removal of members. The Mayor shall have the power to remove, after
public hearing, any member of the Planning Board for cause.
E.
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.
F.
Service on other planning boards. No member of the Village Planning
Board shall sit on the Town or County Planning Board.
G.
Alternate members.
(1)
In accordance
with Village Law § 7-718(16)(a) through (c), the Board of
Trustees may establish alternate Planning Board member positions for
purposes of substituting for a member who is unable to participate
because of a conflict of interest or protracted absence. The Mayor
shall appoint alternate members, subject to the approval of the Board
of Trustees, in a number sufficient to meet the needs of the Village,
for terms established by the Board of Trustees. Alternates shall be
selected to serve on the Planning Board on a rotating basis.
(2)
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 or protracted absence on an application
or matter before the Board. When so designated, the alternate member
shall possess all the powers and responsibilities of the member of
the Board he or she is replacing, and all the provisions of the Village
Law relating to Planning Board member attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal and service
on other boards shall also apply to alternate members. When a designation
is made by the Chairperson of the Planning Board, it shall be entered
into the minutes of the initial Planning Board meeting at which the
substitution is made.
H.
Terms of members.
(1)
Members first appointed. The terms of members of the Planning Board
first appointed shall be so fixed that the term of one member shall
expire at the end of the Village official year in which such members
were initially appointed. The terms of the remaining members first
appointed shall be so fixed so that one term shall expire at the end
of each official year thereafter. At the expiration of the term of
each member first appointed, his or her successor shall be appointed
for a five-year term.
(2)
Members now in office. Members now holding office for terms which
do not expire at the end of the Village official year shall, upon
the expiration of their term, hold office until the end of the Village
official year, and their successors shall then be appointed for a
five-year term.
The Planning Board may recommend to the Village Board of Trustees
regulations relating to any subject matter over which the Planning
Board has jurisdiction under this chapter or any other statute or
under any local law of the Village. Adoption of any such recommendations
by the Village Board of Trustees shall be by local law.
A.
Meetings of the Planning Board shall be held at the call of the Chairperson
or, in his or her absence, the Vice Chairperson, if any, or on the
request of any two members. Such meetings shall be held on notice
to the members, advisors, secretary, counsel, and the public in accordance
with applicable legal requirements.
B.
Open to public. All regular and special meetings shall be open to
the public (excluding executive sessions authorized by law), and notice
thereof shall be given in accordance with the requirements of the
Open Meetings Law.
C.
Actions at meetings and quorum. No action except adjournment shall
be taken at any meeting of the Planning Board without a quorum being
present. A quorum shall consist of three members of the Planning Board.
No action shall be taken unless three members concur.
D.
Minutes. The Planning Board shall keep minutes of every regular meeting
or special meeting and shall include the names of the persons appearing
and addressing the Planning Board and the persons appearing by attorney,
the action by the agency, the findings, if any, made by it and the
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Village Clerk.
E.
Recordings of proceedings; transcripts. For site plan review or subdivision
public hearings, the Planning Board may provide for the verbatim recording
of the proceedings by stenographic, mechanical or electronic means.
A.
The Village Board of Trustees may, by resolution, refer any matter
or class of matters to the Planning Board before final action is taken
thereon by the Village Board of Trustees or other office or officer
of East Rockaway having final authority over said matter. The Village
Board of Trustees may further stipulate that final action thereon
shall not be taken until the Planning Board has submitted its report
thereon, or has had a reasonable time, to be fixed by the Village
Board of Trustees in said resolution, to submit the report.
B.
The Planning Board may review and make recommendations on a proposed
Village Comprehensive Plan or amendment thereto. In addition, the
Planning Board shall 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,
provided that the total expenditures of said Board shall not exceed
the appropriation provided therefor.
The Village Board of Trustees is hereby authorized and empowered
to make such appropriation as it may see fit for Planning Board expenses.
Nevertheless, members of the Planning Board shall serve without compensation.
Pursuant to § 7-718(2) of the Village Law, the Planning
Board shall have the power and authority to appoint a Secretary to
the Planning Board. It also can employ experts, clerks, and counsel
for site plan and exterior design review and subdivision proceedings
and can pay for their services, and can provide for such other expenses
as may be necessary and proper.
