There shall be within the Village of West Haverstraw
a Planning Board consisting of five members whose compensation shall
be fixed annually by the Village Board of Trustees.
In the absence of a Chairperson the Planning
Board may designate a member to serve as Chairperson.
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.
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. Such Chairperson, or in his absence the Acting
Chairperson, may administer oaths and compel the attendance of witnesses.
The Planning Board shall have such powers and
duties as fixed by the Village Board of Trustees pursuant to, and
in accordance with, the provisions of Article 7 of the Village Law.
[Added 3-19-2003 by L.L. No. 2-2003; amended 3-13-2007 by L.L. No. 3-2007]
A. In addition to any and all other qualifications for
holding office as a member of the Planning Board, all present members
of said Board must attend not less than four hours of training classes
offered by the Rockland Municipal Planning Federation within one year
from the effective date hereof, and complete such classes and receive
certification from the Federation within two years from the effective
date hereof. Members appointed after the effective date of this local
law shall be required to attend not less than four hours of
such classes within one year from the date of such appointment, and
receive certification within two years from the date of such appointment.
Recertification of all members shall be required each year thereafter
from the date of initial certification.
B. The Village Board is hereby authorized to remove a
member of the Planning Board for cause, after a public hearing and
an opportunity to be heard. Removal for cause shall include but not
be limited to the following:
(1)
Failure of a member to receive certification
from the Rockland Municipal Planning Federation within two years after
the effective date of this local law or within two years after his/her appointment to the Board,
as the case may be.
(2)
Failure of a member to receive recertification
from the Rockland Municipal Planning Federation each year from the
date of his/her first certification.
(3)
The member's failure to meet the minimum attendance
requirements as set forth herein.
C. The Village Board may grant reasonable extensions
of time to a member of the Planning Board to obtain certification
or recertification for justifiable reasons only.
D. Minimum attendance requirements. Members of the Planning
Board shall be required to attend 75% of all regularly scheduled meetings
and special meetings conducted in each calendar year.
E. Removal for nonattendance. In the event a member does not attend at least 75% of all of the regularly scheduled and special meetings as set forth in Subsection
D hereof, the Village Board shall have the discretion and authority, in accordance with the provisions of § 7-718(9) of the New York State Village Law, following public hearing, to remove such member from the Planning Board. The Village Board, in reaching such a determination, shall consider whatever factors it determines to be relevant, including any reasons assigned for such absences, and attendance records in prior years; provided, however, that the Village Board shall not be required to accept any excuse for the member's absence.
[Added 1-4-2023 by L.L. No. 1-2023]
A. The Village Board, in its discretion, may further appoint up to two
alternate members to the Planning Board, either or both of whom shall
serve when there is a conflict of interest precluding participation
by a regular member or when a regular member shall otherwise be unable
or unavailable to review, hear and determine an application.
B. The Chairperson of the Planning Board, in his or her discretion,
may designate the alternate member to substitute for a regular member
or members when a regular member is unable to participate because
of a conflict of interest on an application or any matter before the
Board or when a regular member shall be unable or unavailable to review,
hear and determine an application or appeal. When so designated, an
alternate member shall possess all the powers and responsibilities
of such regular member of the Board. Such designation shall be entered
into the minutes of the initial Planning Board meeting at which the
substitution is made and specify the matter or matters which the alternate
member shall hear.
C. All provisions of this article 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 an alternate member.
D. The term of office of the alternate member of the Planning Board
shall be one year measured from the date of appointment at the annual
Village re-organization meeting, or for such lesser period as may
result in the case of an appointment made subsequent to the annual
re-organization meeting ending on the date of the succeeding annual
re-organization meeting.