NY Gen City L § 27 (2021)
2021 New York Laws GCT - General City Article 3 - Enacted Without a Hdg 27 - Planning Board, Creation and Appointment.

§ 27. Planning  board, creation and appointment. 1. Authorization. The legislative body of each city, except a city having a population of more than one million, is hereby authorized by  local  law  or  ordinance  to create a planning board consisting of five or seven members. Members and the  chairperson  of such planning board shall be appointed by the mayor or other duly authorized appointing  authority.  In  the  absence  of  a chairperson,  the  planning  board  may  designate  a member to serve as chairperson. Not more than a minority of the members of such board shall hold any other public office or position in such city.   2. Appropriation for planning board. The legislative body of each city is hereby authorized and empowered to make such appropriation as it  may see  fit  for planning board expenses. The legislative body may, as part of the local law or ordinance creating such planning board, provide  for the  compensation  of  planning  board members. 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 city legislative body for such planning board; excepting and providing that in cities in which the general power and authority to fix salaries and prescribe positions is placed in  some other  board  or  officer  the foregoing power and authority shall be in such other duly authorized board or officer.   3. Legislative body members ineligible. No person who is a  member  of the  legislative  body of a city to which the provisions of this section are applicable, shall be eligible for membership on such planning board.   4. Terms of members first appointed. The terms of the members  of  the planning  board  first  appointed shall be so fixed that the term of one member shall expire at the end  of  the  official  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 official 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 the official year shall, upon the expiration of their term, hold office until the end of the  official year  and their successors shall then be appointed for terms which shall be equal in years to the number of members of the planning board.   6. Increasing membership. Any legislative body of a city may, by local law or ordinance,  increase  a  five  member  planning  board  to  seven members. Additional members shall be first appointed for single terms 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 legislative body of a city 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 of a city, except a city having a population of more than one million, 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 legislative body 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  city  pursuant  to  this subdivision.   c. The training required by this subdivision may be waived or modified by  resolution of the legislative body of the city when, in the judgment of such legislative body, it is in the best interest of the city  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  mayor,  or  other  duly  authorized  appointing authority, shall appoint the new member for the unexpired term.   9.  Removal of members. The mayor, or other duly authorized appointing authority, 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 city legislative body by local law or ordinance.   10. Compatibility of offices. The municipal officials or employees  on such  board  shall  not,  by reason of membership thereon, forfeit their right to  exercise  the  powers,  perform  the  duties  or  receive  the compensation  of  the  municipal  office or position held by them during such membership. No municipal officer or employee shall be appointed  to the  planning  board  in the event 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.   11.  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.   12.  Service on other planning boards. 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.   13. Rules and regulations. The planning board  may  recommend  to  the city  legislative  body  regulations relating to any subject matter over which the planning board has jurisdiction  under  this  article  or  any other  statute, or under local law or ordinance of the city. Adoption of any such recommendations by the city legislative body shall be by  local law or ordinance.   14.  Report  on  referred matters; general reports. a. The legislative body of the city  may  by  general  or  special  rule  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 legislative body or other office or officer of said city  having  final  authority  over  said  matter.  The legislative  body  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 legislative body in said rule, to submit the report.    b. The planning  board  may  review  and  make  recommendations  on  a proposed  city comprehensive plan or amendment thereto. In addition, the planning  board  shall  have  the  full  power  and  authority  to  make investigations,   maps,   reports,  and  recommendations  in  connection therewith  relating  to  the  planning and development of the city as it deems desirable, providing the total expenditures of  said  board  shall not exceed the appropriation provided therefor.   15.  Planning  commission.  In  any  city in which there is a planning commission created under article twelve-A of the general municipal  law, the legislative body of the city, instead of authorizing the appointment of  a  planning  board under this article, may provide that the existing commission  shall  continue,  the  members  thereof  thereafter  to   be appointed  in  accordance  with the provisions of such article twelve-A, and to have the powers and duties as  specified  for  a  planning  board appointed  under  this  article, in addition to the powers and duties as specified in article twelve-A of the general  municipal  law,  provided, however,  that  in any such city section two hundred thirty-eight of the general municipal law shall not be in force.   16. Alternate members. (a) The legislative body of each city except  a city  having  a population of more than one million may, by local law or ordinance or as a 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  the  mayor or other duly authorized  appointing  authority,  for   terms   established   by   the legislative body of the city.  (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, compatibility  of office  and  service  on  other  boards,  shall  also apply to alternate members.   17. 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.