[HISTORY: Adopted by the Common Council of the City of Hornell 6-24-1996
by L.L. No. 1-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of Land — See Ch. 275.
The Planning Board shall consist of seven members. The Mayor shall nominate
and, by and with the consent of a majority of the Common Council in office,
appoint members of the Planning Board. The members of the Planning Board shall
annually designate a member to serve as Chairperson. The Mayor may require
Planning Board members to complete training and continuing education courses
in accordance with any local law requirements to be set up for the training
of Planning Board members. Such training costs will be a charge against the
City budget. Not more than a minority of the members of such Board shall hold
any other public office or position in the City of Hornell.
The Common Council is authorized and empowered to make such appropriation
as it may see fit for Planning Board expenses. They may provide for the compensation
of Planning Board members by amendment to this chapter. 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, not exceeding in all the appropriation that may be
made therefore by the Common Council.
No person who is a member of the City of Hornell Common Council shall
be eligible for membership on the Planning Board.
Terms of members of the Planning Board shall be based on a calendar
year. At the expiration of the term of each member, his or her successor shall
be appointed for a seven-year term.
The members of the Planning Board active at the adoption of this chapter
shall be appointed to the terms as follows: Members now holding office for
terms which do not expire at the end of the official year shall, upon the
expiration of their term, hold office until the end of the official year;
and their successors shall be appointed for terms which shall be equal in
years to the number of members of the Planning Board.
The Common Council may, by local law, decrease the membership of the
Planning Board to five members, to take effect upon the next two expirations
of terms. However, no incumbent shall be removed from office except upon the
expiration of his or her term, except as hereinafter provided.
If a vacancy shall occur otherwise than by expiration of term, the Mayor
shall appoint the new member for the unexpired term.
[Amended 7-28-2003]
The Mayor shall have the power to remove, after public hearing, any
member of the Planning Board for cause. Any Planning Board member may be removed
for noncompliance with minimum standards relating to meeting attendance and/or
training as established by the Common Council by local law. Failure to attend
at least one scheduled meeting in three consecutive calendar months may be
cause for removal from office.
The City officials or employees on the Planning Board shall not, by
reason of membership therein, forfeit their right to exercise the powers,
perform the duties or receive the compensation of the City office or position
held by them during such membership. No City officer or employee shall be
appointed to the Planning Board in the event that such officer or employee
cannot carry out the duties of his or her position without a conflict in the
performance of his or her duties as a member of the Planning Board.
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. The Chairperson
or, in his or her absence, the Acting Chairperson, may administer oaths and
compel the attendance of witnesses.
No person shall be disqualified from serving as a member of the City
Planning Board by reason of serving as a member of a County Planning Board.
The Planning Board may recommend to the Common Council regulations relating
to any subject matter over which the Planning Board has jurisdiction under
state statute or under local law or ordinance of the City. Adoption of any
such recommendations by the Common Council shall be by local law or ordinance.
A.
The Common Council may, by general or special rule, provide for the reference of any matter or class of matters, other than those referred to in § 63-12 above, to the Planning Board before final action is taken thereon by the Common Council or other office or officer of the City having final authority over said matter. The Common Council may further stipulate that final action thereon shall not take place until the Planning Board has submitted its report thereon or has had reasonable time, to be fixed by the Common Council body in said rule, to submit the report.
B.
In addition, the Planning Board shall have the full power
and authority to make such investigation, maps, reports and recommendations
in connection therewith relating to the planning and development of the City
as it deems desirable, provided that the total expenditures of said board
shall not exceed the appropriation therefor.
