[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 3-5-1992 by L.L. No. 4-1992 (Ch. 57A of the 1964 Code); amended in its entirety 8-5-2010 by L.L. No. 3-2010. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ALTERNATE MEMBER
- An individual appointed by the Village Board to serve on the Planning Board when a regular member is unable to participate on an application or matter before said Board, as provided herein.
- An individual appointed by the Village Board to serve on the Village Planning Board pursuant to the provisions of the local law which first established such Planning Board.
- PLANNING BOARD
- The Planning Board of the Village of Westbury as established by the Village Board of Trustees by local law, pursuant to the provisions of § 7-718 of the Village Law and § 239-c of the General Municipal Law.
[Amended 7-11-2019 by L.L. No. 4-2019]
The Board of Trustees shall provide for the appointment of a Planning Board consisting of seven members. Each member shall be a regular member with full voting rights pursuant to § 7-718 of the Village Law. Appointments of members shall be made at the annual organizational meeting of the Village by the Mayor, subject to the approval of the Board of Trustees. Members holding office at the time of the passage of this law shall continue in office and serve the balance of their existing terms. The first and second alternate members serving at the time this law is passed shall be appointed as full members, as follows: former alternate one shall be appointed as a full member for an initial term of six years, and former alternate two shall be appointed for an initial term of seven years. No such additional member shall take part in the consideration of any matter for which an application was on file with the planning board at the time of his or her appointment. After the initial appointment terms outlined herein, the terms of each Planning Board member shall be equal in years to the number of members on the Board, staggered such that one member's appointment expires each year.
In order to ensure a quorum on the Planning Board and to accommodate absences that may occur due to members being ill, on extended vacation, or with family or business commitments which may conflict with a meeting date, and to accommodate conflicts of interest which may occur on a specific matter before the Board, in which official business cannot be conducted which may delay or impede adherence to required timelines, the Board of Trustees has determined to appoint two alternate members of the Planning Board. The use of alternate members in such instances or other similar instances is hereby authorized pursuant to the provisions of this chapter and § 7-718(16) of the Village Law.
[Amended 7-11-2019 by L.L. No. 4-2019]
Two alternate members of the Planning Board shall be appointed by the Village Mayor, subject to approval by the Board of Trustees, at the annual organizational meeting of the Village, for terms of two years each. The third and fourth alternate members, which positions were created by Local Law 3-2015, are hereby abolished. Alternates appointed following the passage of this law shall be appointed for two-year terms, staggered such that one alternate member's appointment expires each year. The first alternate member shall sit as a member of the Planning Board to hear and determine those matters before the Board whenever a regular member of the Board shall be disqualified from participating in such matter due to temporary inability to serve because of illness, absence or disability, extended vacation, a family or business commitment which conflicts with a meeting date or finds that he or she has a conflict of-interest situation on a specific matter before such Board. In the event that more than one regular member or the first alternate member of the Planning Board shall be disqualified or unable to participate in hearing and determining a particular matter for the reasons hereinabove set forth, the second alternate member shall sit as a member of the Board for the purpose of hearing and determining such matter. When so sitting to hear and determine a matter before the Board, each alternate member of the Board shall have the same powers and privileges as a regular member of the Board.
[Amended 4-2-2015 by L.L. No. 3-2015; 7-11-2019 by L.L. No. 4-2019]
Any member of the Board may be removed by the Mayor for cause after a public hearing.
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 may administer oaths and compel the attendance of witnesses. Meetings of such Board shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be a public record.
A person who is a member of the Village Board of Trustees shall be eligible for appointment to the Village Planning Board; provided, however, that in no event shall the Village Planning Board include more than one member who is presently serving in the capacity of Village Trustee.
All provisions of state law relating to Planning Board eligibility, vacancy in office, removal, compatibility of office and service on other boards except as modified herein, as well as any provisions of a local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
There shall be a Secretary of the Planning Board who shall be appointed by the Planning Board. The Planning Board shall fix the annual salary of the Secretary, subject to the appropriations provided to the Planning Board by the Board of Trustees. The Secretary shall perform duties in connection with meetings of the Planning Board and such other duties as may be assigned to him or her.
[Added 4-2-2015 by L.L. No. 3-2015]
This chapter is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Village Board of Trustees, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 7-718 of the Village Law and § 239-c of the General Municipal Law relating to the appointment of members to village planning boards.