2023 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.