[HISTORY: Adopted by the Board of Trustees
of the Village of Airmont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-31-1995 by L.L. No. 2-1995]
The attendance of members of the Planning Board
and Zoning Board of Appeals is essential to the efficient operation
of these vital boards and to accord due process to applicants who
appear before them. The failure of members of the Planning Board to
regularly attend Board meetings may result in "default" subdivision
approvals pursuant to Village Law § 7-728. Moreover, given
the "super majority" requirements of General Municipal Law §§ 239-m
and 239-n and the possibility of a conflict of interest of a particular
member on any given application, the regular attendance of all members
of the Board is imperative. In enacting this article, the Board of
Trustees does not wish to vary the definition of "cause" as provided
in existing case law. The Board of Trustees, instead, desires to provide
final definition to "cause"; in addition to provisions of existing
case law, "cause" shall be considered to constitute nonattendance
at the specified number of meetings described herein. In so acting,
the Board of Trustees exercises the authority granted it by virtue
of Municipal Home Rule Law § 10, Subdivision 1(ii)a(1).
In addition, the Board of Trustees exercises the authority of Municipal
Home Rule § 10, Subdivision 1(ii)e, to amend or supersede
the application of Village Law § 7-712, Subdivision 9 (sentence
one) ["The Mayor shall have the power to remove any member of the
(Zoning) Board (of Appeals) for cause and after public hearing"],
and § 7-718, Subdivision 9 (sentence one) ("The Mayor shall
have the authority to remove any member of such Planning Board for
cause after public hearing").
In addition to other reasons other than that
provided by case law and collateral sources, bases of "cause" for
removal of a member of the Planning Board or Zoning Board of Appeals,
the Mayor may remove a member of such Boards, following the presentation
of charges and a hearing before the Board of Trustees, for the following
reasons:
A.
Absence from three consecutive regular or special
meetings of the Board other than for illness or valid personal reasons
substantiated by documentary evidence; or
B.
Absence from six regular or special meetings of the
Board within any twelve-month period other than for illness or valid
personal reasons substantiated by documentary evidence.
