By-Laws

Chautauqua County Planning Board Bylaws

 
Article 1:  Establishment and Purpose
 
Article 2:  Definitions
 
Article 3:  Officers and Duties
 
Article 4:  Membership
 
Article 5:  Meetings
 
Article 6: Annual Report
 
Article 7: Posting of Bylaws
 
Article 8: Adoption and Amendment of Bylaws
 
Article 9: Duties
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 1:  Establishment and Purpose
 
The Board was created September 11, 1959 by Resolution # 166 of the Chautauqua County Board of Supervisors. The Board is charged with providing guidance on such matters as may contribute to the orderly development of the County and its political subdivisions and other planning related matters. The Board also performs the duties as described by Section 239-a through 239-m of Article 12B of NYS General Municipal Law and these by-laws.  
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Article 2:  Definitions
 
ABSTENTION: When a voting member of a board waives his or her right to vote on an issue. See Article 5, Section 8 “Abstentions”.
 
APPROVAL: A positive vote by a majority of the full board.
 
BOARD: The Chautauqua County Planning Board.
 
DEPARTMENT: The Chautauqua County Department of Planning and Economic Development 
 
DIRECTOR: Director of the Chautauqua County Department of Planning and Economic Development  
 
FINDINGS: Supportive evidence entered into the public record for any vote by the Board to approve, deny, or modify a referred action.
 
MAJORITY: One more than half of all the voting members of a board or committee regardless of abstentions or absences.
      
MEMBERS: A person appointed to serve on the Board not in an ex-officio capacity.
 
MEMBERS, EX-OFFICIO: Non-voting members of the board appointed to provide technical assistance for coordinated review. Pursuant to Section 239-c, ex-officio members may participate in deliberations but shall not have voting privileges.
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Article 3:  Officers and Duties
 
Section 1  The officers of the Board shall consist of a Chairperson and Vice Chairperson.
 
Section 2  The Chairperson shall preside at all Board meetings and shall perform such duties as
                  follows:
 
A) Shall conduct all meetings in accordance with New York State Law, Robert’s Rules of Order and the By-laws of this Board, with New York State Law taking precedence in case of a conflict;
 
B) Shall be the official spokesperson of the Board;
 
C) May create from time to time Special Committees of the Board, appoint members and designate Chairpersons and ex-officio members of these Special Committees; 
 
D) Shall be an ex-officio member of each committee of the Board;
 
E) May call a special meeting of the Board as may be required; and
 
F) Shall sign all official documents from the Board.
 
Section 3    In the absence of the Chairperson, the Vice Chairperson shall perform the duties and
responsibilities of the Chairperson. Additionally, the Vice Chairperson shall perform such   other duties as the Chairperson may direct.
      
Section 4   The Director or designee from the Department shall serve as the Secretary of the Board, but
                   will have no voting privileges. The duties of the secretary or designee shall be as follows:
 
A) To ensure that all the reports, documents, minutes and actions of the Board are properly executed and filed with the Board and within the Department;
 
B) To assist the Board in preparing an annual report to the County Legislature;
 
C) To notify each member of the time, place and date of each meeting not less than five (5) days prior to the date set for the meeting and to provide notice of a Special Meeting or Committee meeting which notice will depend on individual circumstances;  
 
D) To take appropriate minutes of each meeting and to distribute same to the Board.
 
Section 5   The Chairperson and Vice Chairperson shall be elected by the members of the board at the
Annual Meeting in January of each year. The term of office for the chairperson and Vice    Chairperson shall be for a term of one year. The Director or appointee shall serve in the capacity as Secretary concurrent to his or her term.
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Article 4:  Membership
 
Section 1    Members – The Chautauqua County Planning Board shall consist of eleven (11) voting
Members. The Director of Public Facilities and the Director of Finance shall serve as ex-officio Members with no voting privileges.
 
Section 2    Appointment – The Chautauqua County Executive shall appoint Members of the Board, 
subject to approval of the County Legislature pursuant to Section 6.02B of County Administrative Code
 
Section 3    Term of Office – Voting members will serve for a three-year term.
 
Section 4    Absenteeism – Whenever an appointed member is absent from three consecutive meetings
of the Board for any reason other than illness or where not excused by the Chairperson the Secretary shall consult with the Chairperson and notify the County Executive of such absences. The purpose of such notice is to request that appropriate action be taken or another member appointed.
 
Section 5    Vacancies – Should any vacancy occur among the members of this board by reason of
death, resignation, disability or otherwise, the Secretary shall provide prompt notice to the County Executive.  Subject to approval of the County Legislature, the County Executive shall appoint a person to serve the balance of the unexpired term. Should such vacancy occur among the officers of this Board, the vacancy shall be filled by election at the next regular meeting of this board, the officer so elected will serve the unexpired term of the office in which such vacancy occurs.
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Article 5:  Meetings
 
Section 1    Annual Meetings – Annual meetings shall be held at the regular meeting in January of
each year. At least seven (7) days prior to this meeting, the Secretary shall notify each member in writing of the time, date and location of the Annual Meeting, and shall inform the members that the primary purpose of this meeting is for the election of officers and to set the meeting schedule for the following year. At such time, the Board shall elect officers and set such schedule. Any other business properly presented to the Board at this meeting may be considered after the election of officers.
 
Section 2    Regular Meetings - generally shall be the first Tuesday of each month. The Chairperson,
                    in accordance with these By-laws, may call Special Meetings.
 
Section 3    Open Meetings – All regular, Special, and Committee meetings shall be open to the
              public.
      
Section 4    Executive Sessions of the Board shall be requested by the Chairperson or as requested by
a majority of the Board pursuant to New York State Public Officers Law Article 7, the Open Meetings Law. The Board shall take all official actions at meetings open to the public.
 
Section 5    Order of Business – At each regular and Special meeting of the Board, the order of
              business shall be:
 
1) Roll Call
2) Privilege of the Floor
3) Communications
4) Approval of Minutes from the Previous Meeting
5) Report of Special Committees
6) Old Business
7) New Business
8) Adjournment
 
         The Chairperson may rearrange the order of business so that the meeting may be properly
         administered.
 
Section 6     Conduct – All meetings shall be conducted pursuant to Robert’s Rules of Order unless
otherwise requires by these By-laws or New York State Law. The Chairperson may use personal discretion in limiting presentations of petitioners who have business before the Board. Non-members should request the right to speak by formally addressing the Chairperson. Once the Chairperson has recognized a non-member, the non-member must state his or her name, residential address and interest.
 
Section 7    Voting – A quorum must be present to transact business. A quorum is a majority of all the
voting members of the Board. All determinations and the conduct of business shall be by majority vote of all of the voting members provided a quorum is present. All voting shall be by voice or by roll call if requested by any member. Each member shall cast one (1) vote. All votes shall be public and recorded in the minutes of the meeting when the vote occurs.
 
Section 8    Abstentions – Members shall abstain from voting if they have a personal or business
interest in the issue being voted upon by the Board. A Member of the Board, who also serves in an elected or appointed capacity, shall excuse himself or herself from any deliberation or vote relating to a matter or proposal before such Board which is or has been the subject of a proposal, application or vote before the municipal board of which he or she is a member (NYS GML 239-c, Part 2c). Members shall advise the Chairman of his or her intention to abstain prior to any discussion on any matter before the Board. The abstention will be recorded in the minutes of the meeting. Abstentions do not alter the definition of a majority (see definitions and Section 7 above).
 
Section 9    Minutes – The minutes of each Board meeting will contain, along with the usual Board
business, the name, residential address and interest of all non-members that spoke or in some other way present information.
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Article 6: Annual Report
 
The Board shall prepare an Annual Report for the previous year with the assistance of the Secretary. After the Board reviews and approves of the report, the Secretary shall transmit the report to the Chautauqua County Legislature and County Executive no later than the last day of February each year. 
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Article 7: Posting of Bylaws
    
The bylaws or amendments thereto shall be provided to each member of the Board and to the Chautauqua County Legislature. The Board shall also distribute an updated copy to all agencies that refer actions for review. A copy of the bylaws shall also be available at each meeting of the Board.
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Article 8: Adoption and Amendment of Bylaws
 
The Board shall adopt bylaws governing its operation, which shall be approved by the County Legislature. 
 
Proposed amendments to the bylaws must be in written form with copies given to all Members of the board for review. Proposed amendments shall be voted upon and will take effect when approved by a majority of the Board and the County Legislative.
 
These bylaws shall be reviewed annually and revised as necessary.
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Article 9: Duties
 
Section 1   Review of Certain Municipal Planning and Zoning Actions
 
County Planning Board Referrals – The County Legislature has authorized the Board to review certain municipal zoning and planning matters prior to final local action pursuant to New York State General Municipal Law Sections 239-l and 239-m. These procedures are designed to assist municipalities in the County in fulfilling the referral requirement in an expeditious and legally sufficient manner while encouraging inter-municipal cooperation.  
 
Section 2   County Comprehensive Plan
 
The County Legislature may request the Board assist in the preparation of a county comprehensive plan and amendments thereto pursuant to General Municipal Law Sections 239-c and 239-d.
 
Section 3   County Official Map
 
The County Legislature may request the Board to prepare a county official map and amendments thereto pursuant to General Municipal Law Section 239-c and 239-e.
 
Section 4   County Studies
 
The Board may undertake studies relevant to the future growth, development, and protection of the county and municipalities therein, including studies in support of a county comprehensive plan pursuant to General Municipal Law Section 239-c.
.
Section 5   Local Studies
 
The Board may assist a city, town, or village in the study of ways to obtain economy, efficiency and quality in the planning and provision of municipal services pursuant to General Municipal Law Section 239-c.
.
Section 6   Collection and Distribution of Information
 
Pursuant to General Municipal Law Section 239-c, the Board may collect and distribute information relative to county or municipal planning and zoning in such county. Upon request from the county or a municipality, the Board may recommend to the County Legislature or such municipality’s legislative body whose jurisdictions is served by the Board a comprehensive plan that shall designate suitable areas to be zoned for land uses, taking into consideration, but not limited to, such factors as existing and projected highways, parks, open spaces, parkways, public works, public utilities, public transportation terminals and facilities, population trends, topography and geologic structure.
 
Section 7   Local Technical Assistance
 
Pursuant to General Municipal Law Section 239-c, the Board may furnish such technical services as a municipality within the county may request. Such services may include, but not be limited to assistance with planning and land use functions, use of geographic information systems, infrastructure development, as well as inter-municipal services delivery, and may be provided directly by the Board or in coordination with other county departments or agencies. The charges, if any, to be made for such services shall be established by the County Legislature.
 
Section 8   Highway Construction
 
Before the final approval of any plan involving the construction or reconstruction of any state or county highway, with or without federal aid, the Board shall be given the opportunity to examine such plans and offer suggestions with respect thereto pursuant to General Municipal Law Section 239-c. This section shall in no manner be construed as nullifying or contravening the final approval of the Commissioner of Transportation. 
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