§ 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.