NY Town L § 271 (2021)
2021 New York Laws TWN - Town Article 16 - Zoning and Planning 271 - Planning Board, Creation, Appointment.

§  271.  Planning  board, creation, appointment. 1. Authorization. The   town board of each town is hereby authorized by local law or  ordinance,   to  create  a  planning  board  consisting  of five or seven members and   shall, by resolution, appoint the members of such  board  and  designate   the  chairperson  thereof.  In the absence of a chairperson the planning   board may designate a member to serve as  chairperson.  The  town  board   may, as part of the local law or ordinance creating said planning board,   provide for the compensation of planning board members.2.  Appropriation  for  planning  board.  The  town  board  is  hereby   authorized and empowered to make such appropriation as it  may  see  fit   for  planning board expenses. In a town containing one or more villages,   or parts thereof, such charges and expenses less fees, if any collected,   shall be a charge upon the taxable property of that  part  of  the  town   outside  of  said  villages  and shall be assessed, levied and collected   therefrom in the same manner as other town charges. 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 therefor  by  the  town  board  for  such   planning board.3.  Town  board  members  ineligible. No person who is a member of the   town board shall be eligible for membership on such planning board.4. Terms of members first appointed. The terms of members of the board   shall be for terms so fixed that the term of one member shall expire  at   the  end  of  the  calendar  year  in  which such members were initially   appointed. The terms of the remaining members shall be so fixed that one   term shall expire at the end of each calendar year  thereafter.  At  the   expiration  of  the  term  of  each  member  first appointed, his or her   successor shall be appointed for a term which shall be equal in years to   the number of members of the board.5. Terms of members now in office.  Members  now  holding  office  for   terms  which do not expire at the end of a calendar year shall, upon the   expiration of their term, hold office until the end of the calendar year   and their successors shall then be appointed for terms  which  shall  be   equal in years to the number of members of the board.6.  Increasing  membership.  Any  town  board  may,  by  local  law or   ordinance, increase a five  member  planning  board  to  seven  members.   Additional members shall be first appointed for single terms as provided   by resolution of the town board in order that the terms of members shall   expire  in  each  of  seven  successive years and their successors shall   thereafter  be  appointed  for  full  terms  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.7. Decreasing membership. A town board which has seven members on  the   planning board may by local law or ordinance, decrease the membership to   five, 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.7-a.  Training  and  attendance  requirements.  a.  Each member of the   planning board shall complete, at a minimum, four hours of training each   year designed to enable such members to more effectively carry out their   duties. Training received by a member in excess of four hours in any one   year may be carried over by the member into succeeding years in order to   meet the requirements  of  this  subdivision.  Such  training  shall  be   approved  by  the  town  board  and  may include, but not be limited to,   training provided by a municipality, regional or county planning  office   or  commission,  county  planning  federation,  state  agency, statewide    municipal association, college or other similar entity. Training may  be   provided  in  a  variety  of  formats,  including  but  not  limited to,   electronic media, video, distance  learning  and  traditional  classroom   training.b.  To  be eligible for reappointment to such board, such member shall   have completed the training  promoted  by  the  town  pursuant  to  this   subdivision.c. The training required by this subdivision may be waived or modified   by resolution of the town board when, in the judgment of the town board,   it is in the best interest of the town to do so.d. No decision of a planning board shall be voided or declared invalid   because of a failure to comply with this subdivision.8.  Vacancy  in  office.  If  a  vacancy shall occur otherwise than by   expiration of term, the town board shall appoint the new member for  the   unexpired term.9.  Removal of members. The town board 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 non-compliance with minimum   requirements relating to meeting attendance and training as  established   by the town board by local law or ordinance.10.  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.11.  Appointment of agricultural member. Notwithstanding any provision   of this chapter or of any general, special or local law or ordinance,  a   town  board may, if an agricultural district created pursuant to section   three hundred three of article twenty-five-AA  of  the  agriculture  and   markets  law exists wholly or partly within the boundaries of such town,   include on the planning board one or more members each of  whom  derives   ten  thousand  dollars  or  more  annual  gross income from agricultural   pursuits  in  said  town.  As  used  in  this  subdivision,   the   term   "agricultural  pursuits"  means  the  production of crops, livestock and   livestock products, aquacultural  products,  and  woodland  products  as   defined in section three hundred one of the agriculture and markets law.12.  Service on other planning boards. No person shall be disqualified   from serving as a member of the town planning board by reason of serving   as a member of a village or county planning board.13. Rules and regulations. The planning board  may  recommend  to  the   town  board  regulations  relating  to any subject matter over which the   planning board has jurisdiction under this article or any other statute,   or under any local law or ordinance of the town. Adoption  of  any  such   recommendations by the town board shall be by local law or ordinance.14. Report on referred matters; general reports. a. The town board may   by  resolution  provide  for  the  reference  of  any matter or class of   matters, other than those referred to in subdivision  thirteen  of  this   section,  to  the planning board before final action is taken thereon by   the town board or other office or officer  of  said  town  having  final   authority  over  said  matter. The town board 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 town board in said resolution, to submit the report.b. The planning  board  may  review  and  make  recommendations  on  a   proposed  town comprehensive plan or amendment thereto. In addition, the   planning  board  shall  have  full   power   and   authority   to   make   investigations,   maps,   reports   and  recommendations  in  connection   therewith relating to the planning and development of  the  town  as  it    seems  desirable,  providing  the total expenditures of said board shall   not exceed the appropriation provided therefor.15. Alternate members. a. A town board may, by local law or ordinance,   or  as  part  of the local law or ordinance creating the planning board,   establish alternate planning board  member  positions  for  purposes  of   substituting  for  a  member  in  the  event  such  member  is unable to   participate because of a conflict of interest. Alternate members of  the   planning  board  shall be appointed by resolution of the town board, for   terms established by the town board.b. 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  on  an  application  or   matter  before the board. When so designated, the alternate member shall   possess all the powers and responsibilities of such member of the board.   Such designation shall be  entered  into  the  minutes  of  the  initial   planning board meeting at which the substitution is made.c.  All  provisions  of this section relating to planning board member   training and continuing education,  attendance,  conflict  of  interest,   compensation,  eligibility,  vacancy  in office, removal, and service on   other boards, shall also apply to alternate members.16. Voting requirements. Every motion  or  resolution  of  a  planning   board  shall require for its adoption the affirmative vote of a majority   of all the members of the planning board. Where an action is the subject   of a referral to the county planning agency or regional planning council   the voting provisions of sections  two  hundred  thirty-nine-m  and  two   hundred thirty-nine-n of the general municipal law shall apply.