Always In Search of: Planning Board and Zoning Board of Appeal Members
Members of a planning board are public officers and therefore must be at least 18 years of age, a United States citizen, and a resident of the municipality on whose board they serve. For example, residents of a village may serve on the village planning board or the planning board of the town in which the village lies because they are residents of both. However, a resident of a town outside of a village may serve on the town’s planning board but not the village’s.
The appointing authority in towns is the town board, in villages it is the mayor with the consent of the village board of trustees, and in cities it is the mayor with the consent of the city council. Members of the local governing board may not serve as planning board members.
Each member serves a term of office equal in years to the total number of members on a board. State statutes provide for five or seven member planning boards. Someone on a planning board of seven members serves a seven-year term. The law also allows municipalities containing state agricultural districts to dedicate one of those positions on the planning board to someone involved in agricultural pursuits. This is a modification of an older provision that some municipalities are still operating under which allows a municipality to appoint an extra member to represent agricultural interests.
Members who stay on the board past their term of office are known as “holdovers.” They can continue serving until the appointing authority tells them to leave or until someone is appointed in their place.
State law allows the appointment of alternates to the planning board following the adoption of a local law or ordinance. They are appointed in the same manner as regular members, but their terms are established by local rather than state law. A typical term is two years.
Under state law, alternates may serve in the event of a conflict of interest. However, they may also serve in place of absent members if a local law is passed superseding state law. Which alternates serves for a given application or on a given night is usually left up to the chair of the planning board.
Pursuant to Public Officers Law, upon appointment each member must take and file an "Oath of Office" with the municipal clerk. This must be accomplished within 30 days of the commencement of each term of office (or partial term). If the oath is not filed on time the member could be replaced at any time. Failure to file an oath does not invalidate decisions made while a member was serving without having taken and filed his or her oath.
The NYS Oath of Office reads, "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of [Planning Board Member], according to the best of my ability.”
Governing boards have the authority to remove members for “cause,” such as failure to attend meetings; reoccurring inappropriate behavior, failure to fulfill training requirements set by the municipality; or because of a State or local ethics violation. A member cannot be removed merely because the mayor or town board is unhappy with his or her voting record on the board.
The governing board of the municipality must hold a public hearing before removing a member for cause.
Members of a planning board are public officers and therefore must be at least 18 years of age, a United States citizen, and a resident of the municipality on whose board they serve. For example, residents of a village may serve on the village planning board or the planning board of the town in which the village lies because they are residents of both. However, a resident of a town outside of a village may serve on the town’s planning board but not the village’s.
The appointing authority in towns is the town board, in villages it is the mayor with the consent of the village board of trustees, and in cities it is the mayor with the consent of the city council. Members of the local governing board may not serve as planning board members.
Each member serves a term of office equal in years to the total number of members on a board. State statutes provide for five or seven member planning boards. Someone on a planning board of seven members serves a seven-year term. The law also allows municipalities containing state agricultural districts to dedicate one of those positions on the planning board to someone involved in agricultural pursuits. This is a modification of an older provision that some municipalities are still operating under which allows a municipality to appoint an extra member to represent agricultural interests.
Members who stay on the board past their term of office are known as “holdovers.” They can continue serving until the appointing authority tells them to leave or until someone is appointed in their place.
State law allows the appointment of alternates to the planning board following the adoption of a local law or ordinance. They are appointed in the same manner as regular members, but their terms are established by local rather than state law. A typical term is two years.
Under state law, alternates may serve in the event of a conflict of interest. However, they may also serve in place of absent members if a local law is passed superseding state law. Which alternates serves for a given application or on a given night is usually left up to the chair of the planning board.
Pursuant to Public Officers Law, upon appointment each member must take and file an "Oath of Office" with the municipal clerk. This must be accomplished within 30 days of the commencement of each term of office (or partial term). If the oath is not filed on time the member could be replaced at any time. Failure to file an oath does not invalidate decisions made while a member was serving without having taken and filed his or her oath.
The NYS Oath of Office reads, "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of [Planning Board Member], according to the best of my ability.”
Governing boards have the authority to remove members for “cause,” such as failure to attend meetings; reoccurring inappropriate behavior, failure to fulfill training requirements set by the municipality; or because of a State or local ethics violation. A member cannot be removed merely because the mayor or town board is unhappy with his or her voting record on the board.
The governing board of the municipality must hold a public hearing before removing a member for cause.
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Address: PO Box 154 Rensselaer Falls, NY 13680 |