[HISTORY: Adopted by the Town Board of the Town of Jerusalem 5-17-2006
by L.L. No. 3-2006. Amendments noted where applicable.]
The chapter shall be entitled: "A Local Law Establishing Training Requirements
for Members and Alternate Members of the Planning Board and Zoning Board of
Appeals of the Town of Jerusalem."
A.
The Town Board (hereinafter the "Town Board") of the
Town of Jerusalem (hereinafter the "Town") finds that appropriate training
of Zoning Board of Appeals (hereinafter the "ZBA") and Town Planning Board
(hereinafter the "Planning Board") members is essential to the proper functioning
of said boards.
B.
The State of New York has recognized the importance of
training in amendments to the Planning Board and ZBA statutes (Town Law §§ 271
and 267).
C.
It is the purpose of this chapter to assist the members
of the ZBA and Planning Board in obtaining training to enhance their ability
to carry out their duties under applicable provisions of law, and to pay the
reasonable costs of such training as a Town charge.
D.
It is also the purpose of this chapter to establish minimum
training and continuing education course requirements for such members.
A.
All members and alternate members (hereinafter individually
or collectively referred to as "member" of the ZBA and Planning Board) shall
attend training sessions at least once for their term of office and provide
a certificate of attendance.
B.
All members and alternate members first appointed after January 1, 2006, shall be required to attend a minimum of one relevant training course within one year from the date of their initial appointment to such board and thereafter shall comply with Subsection A. A certificate of attendance must be provided.
C.
Noncompliance with these minimum requirements relating
to training shall be deemed a proper cause for removal from office.
D.
The reasonable costs of such training courses, seminars,
workshops or continuing education courses so designated shall be a Town charge.
Members shall also be reimbursed for travel and meal expenses according to
Town policies. Such training sessions shall be approved in advance by the
Town Board.
Training sessions which relate to the duties of members of the ZBA and
members of the Planning Board may include programs offered by the New York
State Department of State, New York State Association of Towns, New York State
Department of Environmental Conservation, the New York State Planning Federation,
the Yates County Cooperative Extension, and other such entities. The Town
Board, after discussion with the Chairpersons of the ZBA and Planning Board,
shall annually designate such training courses, seminars, workshops, or continuing
education courses which may be offered within a reasonable distance and which
may be helpful to or of assistance to the ZBA and Planning Board in carrying
out their respective functions in a timely, fair and lawful manner.
Notwithstanding the foregoing, the failure of a member of the Planning
Board or ZBA 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, or the validity of any decision,
order or action of such Board.
The Chairperson of the ZBA and the Chairperson of the Planning Board shall notify the Town Board in writing on or about 30th day of November in any year of any member who fails to comply with the minimum requirements for training in any calendar year. In the event a member of the ZBA or Planning Board has failed to complete the minimum training requirements set forth in § 49-3, then the Town Board may remove such member for cause as herein provided:
A.
Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements of § 49-3 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 Town 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, date and place of such hearing.
C.
Public notice. Public notice of such hearing shall be
published in the official newspaper of the time 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 Town Board. The member shall be given an opportunity
to retain an attorney, present evidence, call witnesses to refute the charges
and cross-examine witnesses. A record of such hearing shall be made. The decision
of the Town Board shall be reduced to writing, together with specific findings
of the Town Board with respect to each charge against such member. A copy
of such decision and such findings shall be filed in the office of the Town
Clerk and mailed to the member.
E.
Action by the Town Board. Following the hearing and upon
a finding that such member has not met the minimum training established by
this chapter the Town Board may:
(1)
Remove such member from the ZBA or Planning Board; or
(2)
Issue a written reprimand to such member without removing
such member from such Board; or
(3)
If the Town 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 Town Board may elect to take
no action.
Nothing contained herein shall be deemed to limit or restrict the Town
Board's authority to remove a member from the ZBA or Planning Board for
cause (i.e., for reasons other than those enumerated herein). The procedural
provisions of § 46-6 (Procedure for removal of member) of this chapter
shall govern any hearing to remove a member for cause.
A.
This chapter shall take effect immediately upon its being
filed by the New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
B.
This chapter shall apply to all members and alternate
members of the ZBA and Planning Board regardless of the date of their appointment
to such boards.
C.
Prospective members and alternate members of the ZBA
and Planning Board shall be notified of the requirements of this chapter prior
to their appointment to such board.
