[HISTORY: Adopted by the Board of Trustees of the Village
of Huntington Bay as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 63.
[Adopted 11-18-2002 by L.L. No. 7-2002]
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 Board of Trustees 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 of Zoning Board of Appeals members
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 Board of
Trustees, which approval shall not be unreasonably withheld.
The Board of Trustees, after discussion with the Chairperson
of the Zoning Board of Appeals, 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 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 has failed to complete the minimum training requirements set forth in § 82-3, then the 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 § 82-3 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
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 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 Board of
Trustees shall be reduced to writing, together with specific findings
of the Board of Trustees 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 Board of Trustees. Following the hearing and upon a
finding that such member has not met the minimum training established
by this article, the Board of Trustees, within 30 days of such finding,
may:
(1)
Remove such member from the Zoning Board of Appeals;
(2)
Issue a written reprimand to such member without removing such member
from such Board; or
(3)
If the 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 Board of Trustees
may elect to take no action.
Nothing contained herein shall be deemed to limit or restrict the Board of Trustees' 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 § 82-6, Procedure for removal of member, shall govern any hearing to remove a member for cause.
If any part or provision of this article or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
article or the application thereof to other persons or circumstances,
and the Board of Trustees of the Incorporated Village of Huntington
Bay hereby declares that it would have passed this article or the
remainder thereof had such invalid application or invalid provision
been apparent.
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 Huntington
Bay 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.
