[HISTORY: Adopted by the Board of Trustees of the Village of Springville 11-19-1979
as Ch. 28 of the 1979 Code; amended in its entirety 12-1-1997
by L.L. No. 6-1997. Subsequent amendments noted where applicable.]
A.
Pursuant to the provisions of the Village Law applicable
thereto, the Village Board hereby creates a Planning Board. The existing Planning
Board shall be continued.
B.
The Planning Board shall consist of five members each
with a term of five years. The terms of membership shall run concurrent with
the governmental year. The Board is hereby vested with the powers and duties
subject to the limitations set forth in § 7-718 of Article 7 of
the Village Law, as the same may be amended, modified or changed from time
to time, or any sections subsequently adopted pertaining to Planning Boards.
C.
Members of such Planning Board, including the designation
of the Chairperson and a Deputy Chairperson, shall be appointed by the Mayor,
subject to the approval of the Board of Trustees. One or two alternate members
may be appointed by the Mayor, subject to the approval of the Board of Trustees,
each alternate member to serve for a term concurrent with the term of the
Mayor.
[Amended 1-6-2003 by L.L. No. 1-2003]
D.
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 governmental year in which such members were initially appointed.
The terms of the remaining members first appointed shall be so fixed that
one term shall expire at the end of each governmental 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.
E.
If a vacancy shall occur otherwise than by expiration
of term, the Mayor shall appoint the new member for the unexpired term, subject
to the approval of the Village Board.
F.
The Mayor, with confirmation by the Board of Trustees,
shall have the power to remove, after a public hearing, any member or alternate
member of the Planning Board for cause.
[Amended 1-6-2003 by L.L. No. 1-2003]
G.
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.
H.
No person shall be disqualified from service as a member
of the Planning Board by reason of serving as a member of the Town or County
Planning Board.
I.
The Planning Board shall establish such rules and regulations
as are required by law and the provisions herein for the transaction of their
business and may amend, modify and repeal the same from time to time.
J.
Each Planning Board member and alternate member shall
attend all regularly scheduled and properly noticed meetings of the Planning
Board. Absence from two consecutive meetings or from a total of four meetings
in any official year shall subject that member or alternate member to removal
by the Mayor after a public hearing and confirmation by the Board of Trustees.
[Added 1-6-2003 by L.L. No. 1-2003]
K.
An alternate member in attendance at a meeting shall
be designated by the Chairperson of the Planning Board to substitute for a
regular member when a regular member is unable to attend or participate because
of a conflict of interest, illness, or other personal reason. If two alternate
members shall have been appointed by the Mayor and are both in attendance
at a particular meeting of the Planning Board and if the Chairman shall need
to designate only one alternate to serve at that time, the Chairman shall
designate the alternate who was not the last to be so designated. The minutes
of the Planning Board meeting at which an alternate is designated shall recite
the designation and the name of the designated alternate. Unless designated,
the alternate may not vote nor participate as a member. When designated, the
alternate shall be permitted to participate and vote with the same duties
and powers as a regular member, but the designation shall expire at the end
of that meeting. The designation of an alternate shall also expire in the
event that the regular member for whom the alternate was substituted would
be in attendance later at that meeting or in the event that the regular member
no longer has a conflict of interest with regard to other matters on the agenda.
[Added 1-6-2003 by L.L. No. 1-2003]
L.
Each regular and alternate member shall complete training
and continuing education courses in accordance with minimum requirements established
by resolution of the Board of Trustees. Any Planning Board member or alternate
member who shall not complete such training and continuing education courses
as established by the Board of Trustees shall be subject to removal by the
Mayor after a public hearing and confirmation by the Board of Trustees.
[Added 1-6-2003 by L.L. No. 1-2003]
M.
Planning Board members and alternates may be compensated
on a per meeting basis, an annual basis or a combination thereof in such amounts
as may be determined by resolution of the Board of Trustees within the budgeted
amounts appropriated therefor. The compensation of alternates shall be the
same as the compensation for regular members.
[Added 1-6-2003 by L.L. No. 1-2003]
The Planning Board shall have the following powers and duties:
A.
To review proposals to approve or disapprove the laying
out, closing off, abandonment or changes in lines of streets, highways and
public areas and to make recommendations relative to such actions to the Village
Board.
B.
To make investigations and reports relating to the planning
and development of the Village as it deems desirable. This shall include but
not be limited to modifications and revisions to the Village's Comprehensive
Plan; changes in boundaries of zone districts; recommended changes in the
provisions of this chapter or other land use and development matters of importance
to the Planning Board; and to act on any matter lawfully referred to it by
the Village Board.
D.
To review and approve, approve with modifications or
disapprove site plans prepared to specifications set forth in this chapter
showing the arrangement, layout and design of proposed uses, buildings and/or
structures shown on such plan.
E.
To review and approve, approve with conditions or disapprove applications for special exceptions as set forth in Chapter 200, Zoning, of the Village Code.
F.
To review and approve, approve with modifications or
disapprove plats showing lots, blocks or sites for subdivisions under § 7-728
of Article 7 of the Village Law.
G.
All such powers as are conferred upon Village Planning
Boards by the provisions of the Village Law, now or hereafter in effect.
