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planning board consisting of five or seven members and shall, by resolution, appoint the members of such board and designate the chairperson thereof The town board

may,

as part of the local law creating said planning board, provide for the compensation of planning board members. In making such appointments, the town board may require planning board members to complete training and continuing education courses in accordance with any local requirements for the training of such members. 2. Appropriation for planning board.

board. The town board is hereby authorized and empowered to make such appropriation as it may

fit for planning board expenses. In a town containing one or more villages, or parts thereof, such charges and expenses 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 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 SUC

shall be appointed for a term which shall be equal in years to the number of members of the board. 5. Terms of members

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, increase a
five member planning board to seven members. Additional members shall
be first appointed for single terms as provided in such resolution 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 consid-
eration 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, decrease the membership to five, to
take effect upon the next two expirations of terms. However, no incum-
bent shall be removed from office except upon the expiration of his
her term, except as hereinafter provided.

8. Vacancy in office. If a vacancy shall occur otherwise than by ex-
piration 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 and may provide by local law for removal, after public hearing, of any planning board member for non-compliance with minimum requirements

relating to meet ing attendance and training as established by the town board by local law, 10. Chairperson

duties. All meetings of the planning board shall be held at the call of the chairperson and at

such other times

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, town board may if an agricultural district created pursuant to section three hundred three of article twenty-five-As 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 more annual gross income from agricultural pursuits in said town. As used in this subdivision, the term "agricultural pursuits" the production of crops,

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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, after public hearing, 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.

14. Report referred matters; general reports. a. The town board may by resolution provide for the reference of any matter 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 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. In addition, the planning board shall have full power and authority to make such investigations, maps, reports and recommendations in nection 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.

§ 2. Sections 7-718, 7-720 and 7-726 of the village law are repealed and a new section 7-718' is added to read as follows:

§ 7-718 Planning board; creation, appointment. 1. Authorization. The village board of trustees of each village is hereby authorized by local law 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 . The village board of trustees may, as part of the local law creating said planning board, provide for the compensation of planning board members. In making such appointments,

the village board of trustees may require planning board members to complete training and continuing education courses in accordance with any local requirements for the training of such members.

2. Appropriation for planning board. The village board of trustees is hereby authorized and empowered to make such appropriation as it may see fit for planning board expenses. The planning board shall have the power and authority to employ experts, clerks and a secretary and to 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 village board of trustees for such planning board.

3. Village board of trustees ineligible. No person who is a member of the village board of trustees shall be eligible for membership such planning board.

4. Terms of members first appointed. The terms of members of the planning board first appointed shall be so fixed that the term of one member shall expire at the end of the village official year in which such members were initially appointed. The terms of the remaining members first appointed shall

be

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. Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the mayor shall appoint the new member for the unexpired_term, subject to the approval of the village board of trustees.

6. Removal of members. The mayor shall have the power to remove, after public hearing, any member of the planning board for

and may provide by local law for removal, after public hearing, of any planning board member for non-compliance with minimum requirements relating to meeting attendance and training as established by the village board of trustees by local law.

7Chairperson duties: All meetings of the planning board shall be held at the call of the chairperson and at such other times

such board may determine. Such chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the

attendance of witnesses.

Appointment of agricultural member. Notwithstanding any provisions of this chapter or any general, special or local law, the mayor may, if

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an agricultural district created pursuant to section three hundred three of article twenty-five-AA of the agriculture and markets law exists wholly partly within the boundaries of such village, include on the planning board one or more members each of whom derives ten thousand dollars more annual gross income from agricultural pursuits in said village. As used in this subdivision, the term "agricultural pursuits"

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.

9. Service on other planning boards. No person shall be disqualified from serving as a member of the village planning board by

of serving as a member of the town or county planning board.

10. Rules and regulations. The planning board may, after public hearing, recommend to the village board of trustees regulations relating to any subject matter over which the planning board has jurisdiction under this article or any other statute,

under any local law of the village. Adoption of any such recommendations by the village board of trustees shall be by local law.

11. Report on referred matters; general reports. a. The village board of trustees may by resolution provide for the reference of any matter or class of matters,

other than those referred to in subdivision ten of this section, to the planning board before final action is taken thereon by the village board of trustees or other office or officer of said village having final authority over said matter. The village board of trustees 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 village board of trustees in said resolution, to submit the report.

b. In addition, the planning board shall have the full power and authority to make such investigations, maps, reports, and recommendations in connection therewith relating to the planning and development of the village as it seems desirable, providing the total expenditures of said board shall not exceed the appropriation provided therefor.

12. Planning commission. In any village in which there is a planning commission created under article twelve-A of the general municipal law, the board of trustees, 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, provided, however, that in such village section two hundred thirty-eight of the general municipal law shall not be in force. § 3. This act shall take effect July 1, 1993.

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CHAPTER 664

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AN ACT to amend the local finance law, in relation to the sale of

municipal obligations by the county of Erie Became a law July 31, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being presént. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 54.50 of the local finance law, as amended by chap-
ter 448 of the laws of 1991, is amended to read as follows:

$ 54.50 costs of sales; county of Erie. To facilitate the marketing of
any issue of serial bonds or notes of the county of Erie issued
before June thirty, nineteen hundred [ninety-two] ninety-three such
county may, notwithstanding any limitations on privatē sales of bonds
provided by law, and subject to approval by the state comptroller of the
terms and conditions of such sale:
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arrange for the underwriting of its bonds or notes at private sale through negotiated agreement, compensation for such underwriting to be provided by negotiated fee or by sale of such bonds or notes to an underwriter at a price less than the sum of par value of, and the accrued interest on, such obligations; or

b. arrange for the private sale of its bonds or notes through negotiated agreement, compensation for such sales to be provided by negotiated fee, if required. The cost of such underwriting or private placement shall be deemed a preliminary cost for purposes of section 11.00 of this chapter.

so 2. This act shall take effect immediately.

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AN ACT to amend the local finance law, in relation to the sale of bonds

and notes of the city of Buffalo Became a law July 31, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Section 54, 30 of the local finance law, as amended by chapter 438 of the laws of 1991, is amended to read as follows:

§ 54. 30 Costs of sales; bonds and notes of the city of Buffalo. To facilitate the marketing of any issue of serial bonds or notes of the city of Buffalo issued on or before June thirtieth, nineteen hundred [ninety-two) ninety-three,, such city may, notwithstanding any limitations on private sales of bonds provided by law, and subject to approval by the state comptroller of the terms and conditions of such sale: (a) arrange for the underwriting of its bonds or notes at private sale through negotiated agreement, compensation for such underwriting to be provided by negotiated fee' or by sale of such bonds or notes to an underwriter at a price of less than the sum of par value of, and the accrued interest on, such obligations; or (b) arrange for the private sale of its bonds or notes through negotiated agreement,

compensation for such sales to be provided by negotiated fee, if required. The cost of such underwriting or private placement shall be deemed a preliminary cost for purposes of section 11.00 of this chapter.

§ 2. This act shall take effect immediately.

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CHAPTER 666

AN ACT to amend the state finance law and the highway law, in relation

to continuing state aid to any city, town or village which is consoli-
dated
Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Paragraph of subdivision 4 of section 54 of the state finance law, as amended by chapter 62 of the laws of 1974, is amended to read as follows:

Changes in boundaries; dissolution of municipalities; creation of new municipalities; consolidation of municipalities. Where

the boundaries of a county, city, village, town or town outside village are altered or a municipality is created, consolidated, or dissolved, (per

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capita) aid under this section shall be calculated to reflect such change beginning with payments in the first state fiscal year commencing not less than three months after the effective date of such change. The county, city, village or town shall file not later than February first in the offices of the state comptroller and the state board of equalization and assessment, a certificate of any change in boundaries, dissolution of a municipality, consolidation of municipalities or incorporation of a new municipality which took place in the preceding calendar year but subsequent to January first or on January first preceding the date of filing and which affects the population or the full value of the county, city, village or town for payments under this section. Where population or full value to be used in calculating such payments is not in existence, it shall be estimated by the state board of equalization and assessment, upon the basis of information provided by the localities and such other information as may be available,, to reflect the effects of such change. Such population and full value shall be estimated for a newly incorporated city or village or consolidated town as of the calendar year of the effective date of incorporation or consolidation except that full value so estimated shall be at the period price level used in establishing state equalization rates for assessment rolls completed in the preceding calendar year. For other municipalities or areas affected by such an incorporation, consolidation or change in boundaries, estimates of population and full value shall be as of the years otherwise applicable under this section. Where a municipality is dissolved or consolidated, the annual amount which such municipality would be eligible to receive under this section on the date the municipality is dissolved or consolidated, less the increase in [the per capita] state aid under this section which will be paid to the municipality in which the territory of the dissolved or consolidated municipality is located as a result of such dissolution or consolidation, shall continue to be paid for the first year following dissolution or consolidation and payments shall thereafter continue to be paid for an additional four years in reduced amounts as follows: in the second year following, dissolution or consolidation, eighty percent of such annual amount; in the third year, sixty percent; in the fourth year, forty percent; in the fifth year, twenty percent; and thereafter such payments shall cease to be paid. Such payments

shall be paid to the city, town or village in which the territory of the municipality dissolved or consolidated is located, in the event such territory would not be located in a city, town or village, payment shall be made to the county. If such territory, is located in two

more cities, towns or villages, the payment shall be apportioned on the basis of population which

used in determining the amount of (per capita state) aid under this section heretofore paid to the dissolved or consolidated municipality

§ 2. Section 10-c of the highway law is amended by adding a new subdivision 7 to read as follows:

? For any city, town, or village which consolidates, merges or dissolves, the resulting successor government shall file with the office of the state comptroller a certificate of any such consolidation, merger or dissolution. In the event that the amount which would otherwise be

payable to the individual governments exceeds the amount which is payable to the successor government pursuant to this section, such successor government shall receive payments pursuant to this section as follows:

(a) in the year following consolidation, one hundred percent of the difference between the amount which would have otherwise been payable to the individual local governments which were party to the consolidation, merger or dissolution and the amount which would otherwise be payable to the successor government, plus the amount which is otherwise payable to the successor government;

(b) in the second year following consolidation, eighty percent of the difference between the amount which would have otherwise been payable to the individual local governments which were party to the consolidation, merger or dissolution and the amount which would otherwise be payable to the successor government, plus the amount which is otherwise payable to the successor government;

(C), in the third year following the consolidation, sixty percent of the difference between the amount which would have otherwise been payable to the individual local governments which were party to the consolidation, merger or dissolution and the amount which would otherwise EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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