[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:
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.
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.
A.
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]
B.
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]
C.
Any
member of the Board may be removed by the Mayor for cause after a
public hearing.
D.
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.
E.
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.
F.
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.
G.
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.
