Village of Farmingdale, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Fire Commissioners — See Ch. 39.
Zoning — See Ch. 600.
[Adopted 5-18-1992 by L.L. No. 9-1992 (Ch. 3, Art. I, of the 1975 Code)]

§ 106-1 Authorization to appoint.

The Board of Trustees is hereby authorized to appoint up to three alternate members to the Board of Zoning Appeals, the Planning Board and other duly organized or hereafter organized board or committee which is created by local law.

§ 106-2 Powers and duties. [1]

The alternate shall sit as a member of the board or committee, exercising full power as if a regular member when he is authorized to sit by certification of the Village Clerk-Treasurer or Deputy Clerk that a regular member of a board or committee is unable or unavailable to perform the duties of the board or committee on a particular date. Neither the Mayor nor any Trustee may be appointed as an alternate to the Board of Zoning Appeals or the Planning Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 106-3 Term; appointment.

The term of the alternate shall be three years for the Planning Board, three years for the Board of Zoning Appeals and three years for any other board or committee. The alternate shall be chosen in the same manner as the permanent members of the board are chosen.
[Adopted 12-16-2003 by L.L. No. 3-2003 (Ch. 3, Art. II, of the 1975 Code)]

§ 106-4 Title.

This article shall be entitled "A Local Law to Provide for Required Training for Members of the Planning Board and Board of Zoning Appeals."

§ 106-5 Purpose and intent.

A. 
The Village Board of Trustees finds that appropriate training of Board of Zoning Appeals and Planning Board members is essential.
B. 
The State of New York has recognized the importance of training in Village Law §§ 7-718, Subdivision 7-a, and 7-712, Subdivision 7-a.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
It is the purpose of this article to assist Zoning and Planning Board members in obtaining training to enhance their ability to carry out their duties under law and to pay the costs of such training as a Village charge.
D. 
It is also the purpose of this article to establish minimum training and continuing education course requirements for such members.

§ 106-6 Minimum training requirements; costs.

A. 
Members of the Planning Board and Board of Zoning Appeals shall comply with the training requirements prescribed by Village Law § 7-712, Subdivision 7-a, and § 7-718, Subdivision 7-a. Such training shall be approved by the Board of Trustees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office.
C. 
The costs of such seminars, workshops or continuing education courses so designated shall be a Village charge. Members shall also be reimbursed for travel, lodging and meal expenses according to Village policies. Such training sessions shall be approved in advance by the Village Board of Trustees, which approval shall not be unreasonably withheld.

§ 106-7 Approved training courses.

The Village Board of Trustees, after discussion with the Chairpersons of the Board of Zoning Appeals and Planning Board, shall annually designate such seminars, workshops or continuing education courses which may be offered within a reasonable distance and which may be helpful to or be of assistance to the Board of Zoning Appeals and/or Planning Board in carrying out its functions in a timely, fair and lawful manner.

§ 106-8 Lack of training not to affect validity of members' actions.

Notwithstanding the foregoing, the failure of a member of the Planning Board or Board of Zoning Appeals to obtain such training shall not affect said person's appointment to serve on such Board, to entertain applications, to vote on such applications or the validity of such member's actions.

§ 106-9 Procedure for removal of member.

The Chairperson of the Board of Zoning Appeals and the Chairperson of the Planning Board shall notify the Village Clerk-Treasurer in writing, on or about May 1 in any year, of any member who fails to comply with the minimum requirements for training in any fiscal year of the Village. In the event that a member of the Board of Zoning Appeals or Planning Board has failed to complete the minimum training requirements set forth in § 106-6, then the Village Board of Trustees may remove such member for cause as herein provided.
A. 
Notice. Such member shall be mailed a written notice, by certified mail, return receipt requested, specifying the nature of the failure of such member to meet the minimum requirements of § 106-6 above.
B. 
Public hearing. Such notice shall specify a date, not less than 10 or more than 30 days from the date of mailing such notice, when the Village Board of Trustees shall convene and hold a public hearing on whether or not such member should be removed from service on such board. Such notice shall also specify the time and place of such hearing.
C. 
Public notice. Public notice of such hearing shall be published at least 10 days prior to the date of the public hearing.
D. 
Conduct of hearing. The public hearing on the charges shall be conducted before the Village Board of Trustees. The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Village Board of Trustees shall be reduced to writing, together with specific findings of the Village Board with respect to each charge against such member. A copy of such decision and such findings shall be mailed to the member and a copy filed with the Village Clerk-Treasurer.
E. 
Action by the Village Board of Trustees. Following the hearing and upon a finding that such member has not met the minimum training established by this article, the Village Board of Trustees, within 30 days of such finding, may:
(1) 
Remove such member from the Board of Zoning Appeals or Planning Board;
(2) 
Issue a written reprimand to such member without removing such member from such board; or
(3) 
If the Village Board of Trustees shall find that the reasons for failing to meet the minimum training requirements are excusable because of illness, injury or other good and sufficient cause, the Village Board of Trustees may elect to take no action.

§ 106-10 Removal for cause.

Nothing contained herein shall be deemed to limit or restrict the Village Board of Trustees' authority to remove a member from the Board of Zoning Appeals or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 106-9, Procedure for removal of member, shall govern any hearing to remove a member for cause.

§ 106-11 When effective; applicability; notification of requirements.

A. 
This article shall become effective upon filing with the New York State Secretary of State.
B. 
This article shall apply to all alternate members and regular members of the Village of Farmingdale Board of Zoning Appeals and Planning Board, regardless of the date of their appointment to such boards.
C. 
Prospective members of the Board of Zoning Appeals and Planning Board shall be notified of the requirements of this article prior to their appointment to such board.