2023 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.