[Added 5-8-2000 by L.L. No. 9-2000]
This article shall be entitled "A local law
to provide for required training for members of the Planning Board
and Zoning Board of Appeals."
A.
The Village Board finds that appropriate training
of Zoning Board of Appeals and Planning Board members is essential.
B.
The State of New York has recognized the importance
of training in Village Law §§ 7-718(1) and 7-712(2).
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.
A.
All members of the Zoning Board of Appeals and Planning
Board shall be required to attend a minimum of six hours in relevant
training courses within one year from the date of their initial appointment
to such Board and thereafter attend training sessions of not less
than six hours every two years thereafter. In the final 12 months
of any member's term, such member shall attend training sessions of
not less than three hours.
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, which approval shall not be unreasonably withheld.
The Village Board, after discussion with the
Chairpersons of the Zoning Board of 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 Zoning Board of Appeals
and/or Planning Board in carrying out its functions in a timely, fair
and lawful manner.
Notwithstanding the foregoing, the failure of
a member of the Planning Board or Zoning Board of 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.
The Chairperson of the Zoning Board of Appeals and the Chairperson of the Planning Board shall notify the Village Clerk 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 Zoning Board of Appeals or Planning Board has failed to complete the minimum training requirements set forth in § 250-54.3, then the Village Board 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 § 250-54.3 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 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. 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 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.
E.
Action by the Village Board. Following the hearing
and upon a finding that such member has not met the minimum training
established by this article, the Village Board, within 30 days of
such finding, may:
(1)
Remove such member from the Zoning Board of
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 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 may elect to take no action.
Nothing contained herein shall be deemed to limit or restrict the Village Board's authority to remove a member from the Zoning Board of Appeals or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 250-54.6, Procedure for removal of member, shall govern any hearing to remove a member for cause.
A.
This article shall become effective upon filing with
the New York State Secretary of State.
B.
This article shall apply to all members of the Village
of Port Jefferson Zoning Board of Appeals and Planning Board, regardless
of the date of their appointment to such Boards.
C.
Prospective members of the Zoning Board of Appeals
and Planning Board shall be notified of the requirements of this article
prior to their appointment to such Board.
