[HISTORY: Adopted by the Town Board of the Town of Dickinson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-1957 (Ch. 30 of the 1983 Code); amended in its entirety 2-11-2013 by L.L. No.
2-2013]
A.
Pursuant to the provisions of Article 16 of the Town Law of the State
of New York, as amended, a Planning Board of five members and a Zoning
Board of Appeals of five members shall be appointed for the Town of
Dickinson, Broome County, New York.
C.
Thereafter, appointments shall be made for five-year terms.
The Chairperson and Secretary of the Planning Board, the Chairperson
and Secretary of the Zoning Board of Appeals and any and all other
officers of said Boards shall be appointed by the members of said
Boards.
[Adopted 4-9-2001 by L.L. No. 3-2001 (Ch. 31, Art. I, of
the 1983 Code)]
This article 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 Dickinson."
A.
The Town Board (hereinafter the "Town Board") of the Town of Dickinson
(hereinafter the "Town") finds that appropriate training of the Town
Zoning Board of Appeals (hereinafter the "ZBA") and the 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
its recent amendments to the Planning Board and ZBA statutes (Town
Law §§ 271 and 267, respectively).
C.
It is the purpose of this article to assist the ZBA and Planning
Board members in obtaining appropriate 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 article 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 of the Planning Board shall
be required to attend a minimum of four hours in relevant training
courses within the first year from the date of their initial appointment
to such Board and thereafter to attend training sessions of not less
than four hours every year.
[Amended 11-9-2009 by L.L. No. 5-2009; 2-11-2013 by L.L. No. 2-2013]
B.
Noncompliance with these minimum requirements relating to training
shall be deemed a proper cause for removal from office.
C.
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 reasonable 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 Broome County Department
of Planning and Economic Development, the Broome County Cooperative
Extension, and other such entities, as well as inhouse updates or
training seminars or municipal law seminars conducted by the Town
Attorney of the Town or the law firm with which such Town Attorney
is affiliated. 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 Zoning Board of Appeals and/or 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, 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 December 1 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 § 151-5, 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 § 151-5 above.
B.
Public hearing. Such notice shall specify a date, not less than 10
nor 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
article 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 other than the reasons enumerated herein). The procedural provisions of § 151-8 of this article shall govern any hearing to remove a member for cause.
A.
This article shall take effect immediately upon filing with the New
York State Secretary of State in accordance with § 27 of
the Municipal Home Rule Law.
B.
This article 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 article prior
to their appointment to such Board.
