[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 6-20-2011 by L.L. No. 6-2011. Amendments noted where applicable.]
Editor's Note: Former Ch. 50, Planning Commission, adopted 6-12-1967 by L.L. No. 1-1967, as amended, was repealed 7-9-2007 by L.L. No. 14-2007.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.
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.
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.
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.
Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Planning Board for cause.
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.
Service on other planning boards. No member of the Village Planning Board shall sit on the Town or County Planning Board.
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.
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.
Terms of members.
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.
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.
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.
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.
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.
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.
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.
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.
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.