[Adopted 4-14-2016 by L.L. No. 1-2016]
This article shall be entitled "A Article Establishing Training
Requirements and Attendance Requirements for Members and Alternate
Members, if any, of the Planning Board and Zoning Board of Appeals
for the Town of North East" ("the Town").
A.
The Town Board of the Town of North East (hereinafter "the Town Board")
finds that appropriate training and regular attendance of the Zoning
Board of Appeals (hereinafter "the ZBA'') and Planning Board members
is essential to the proper functioning of said Boards.
B.
The Legislature of the State of New York has recognized the importance
of training and has established training and attendance requirements
in its recent amendments to the ZBA and Planning Board statutes as
contained in §§ 267 and 271 of the Town Law.
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 in accordance
with §§ 267 and 271 of the Town Law.
E.
It is the further purpose of this article to establish minimum attendance
requirements for such members at meetings to assist in the proper
functioning of the Planning Board and the ZBA.
A.
Each member of the Planning Board shall be expected to review and
familiarize himself/herself with the Town's Subdivision Regulations
and those portions of the Zoning Law which relate to the powers and
duties of the Planning Board, and Article 16 of the Town Law.
B.
Each member of the Zoning Board shall be expected to review and familiarize
himself/herself with those portions of the Zoning Law which relate
to the powers and duties of the Zoning Board of Appeals, and Article
16 of the Town Law.
C.
The members of the Planning Board and Zoning Board shall be expected
to conduct themselves in conformity with all rules and regulations
that may be adopted by the Town Board and/or by the Planning Board
or Zoning Board, as the case may be, for the conduct of meetings and
public hearings of the respective Boards.
D.
Each member of the Planning Board and Zoning Board shall complete,
at a minimum, four hours of training each year designed to enable
such member to more effectively carry out his/her duties. Any training
received by a member in excess of four hours in any one year may be
carried over by that member into succeeding years in order to meet
this training requirement, all in accordance with the provisions of
Town Law §§ 267 and 271.
E.
Any such training for Planning Board and Zoning Board members shall
be approved by the Town Board and may include, but not be limited
to, training provided by a municipality, regional or county office
or commission, county planning, federation, state agency, statewide
municipal association, college or other similar entity, and such training
may be provided in a variety of formats including, but not limited
to, electronic media, video, distance learning and traditional classroom
training. The Town Board shall pay or reimburse the Board members
for the reasonable cost of their four-hour training sessions.
F.
To be eligible for a reappointment at the expiration of a Planning
Board or Zoning Board member's term, such member shall have completed
the training as required by this article and by Town Law §§ 267
and 271.
G.
The training provided by this law may be waived or modified by Resolution
of the Town Board when, in the judgment of the Town Board, it is in
the best interest of the Town to do so.
H.
No decision of the Planning Board shall be voided or declared invalid
because of a failure of a member to comply with the training or other
requirements of this Resolution.
I.
No member of the Planning Board may miss six regularly scheduled
meetings of the Board during a calendar year, other than for a medical
or other emergency or for any other just cause approved, in advance,
by the Chairman of the Planning Board. It is expected that Board members
be on time and call the Chairman or Secretary if he/she cannot attend
a meeting.
J.
No member of the Zoning Board may miss three regularly scheduled
meetings of the Board during a calendar year, other than for a medical
or other emergency or for any other just cause approved, in advance,
by the Chairman of the Zoning Board of Appeals. It is expected that
Board members be on time and call the Chairman or Secretary if he/she
cannot attend a meeting.
K.
The Town Board shall have the power to remove, after public hearing,
for cause, any Planning Board or ZBA member. Cause for removal shall
include, but shall not be limited to:
(1)
Noncompliance with the minimum requirements relating to training
and education as established in this article and/or by Town Law;
(2)
Noncompliance with the meeting attendance requirements as established
by this article;
(3)
Failure to comply with the residency requirements as are set forth
for Public Officers or in the Town Law;
(4)
Failure to disclose a conflict of interest as required by the Town's
Code of Ethics;
(5)
Physical or mental impairment affecting the Board member's ability
to perform his or her functions as a Planning Board or ZBA member;
(6)
Failure to comply with the applicable provisions of the Northeast
Code of Ethics;
(7)
Failure to comply with any rules or regulations as may be prescribed
for the conduct of Board members by the Town Board, Planning Board
or ZBA; and
(8)
Such other and further cause as may be established by the Town Board
by local law.
L.
Prior to the conduct of any public hearing for the removal of a Planning
Board or ZBA member for cause, the Town Board shall provide the Board
member with a statement setting forth the alleged grounds for such
removal at least 30 days prior to the conduct of the public hearing.
During the public hearing, the Town Board shall have the power to
hear testimony and receive evidence presented by the Town Attorney,
by the Chairman of the applicable Board or by any other person in
support of, or against, the grounds for such removal. The Board member
shall have the right to present witnesses and other evidence in defense
of the removal action and the Town Board shall have the power to hear
other witnesses and members of the public, and receive documentation
and evidence relevant to the issue of the alleged cause for the Board
member's removal. In cases where the grounds for removal consist of
an alleged violation of the North East Code of Ethics, procedures
for a hearing, discipline and/or removal set forth in the Code of
Ethics shall be also followed.
M.
Any determination of the Town Board with regard to removal of a Planning
Board or ZBA member shall be made by the Town Board, in writing, and
a copy shall be provided to the Planning Board or Zoning Board member
and filed in the Office of the Town Clerk within five business days
after the Town Board's determination.
N.
Each member of the Planning Board and Zoning Board shall be required
to keep records of his/her attendance at required training sessions
and to provide to the Planning Board and Zoning Board Secretary, as
the case may be, certificates of attendance for completion or other
proof of completion of training courses on an annual basis. The Planning
Board and ZBA Secretary shall keep records of the attendance of each
Board member at the required training courses and shall present, at
the close of each calendar year, a list of each Board member's courses
and credits earned in that year, together with any credits carried
over from previous years, to the Town Clerk and to the Town Board.
O.
The Planning Board and ZBA Secretaries shall also keep records of
the attendance of Board members at meetings and shall provide attendance
records to the Town Clerk and to the Town Board on an annual basis.
P.
A copy of this article shall be supplied by the Town Clerk to each
member of the Planning Board and ZBA.
This article is hereby adopted pursuant to the provisions of
§ 10 of the New York State Municipal Home Rule Article and
§ 10 of the New York State Statute of Local Governments.
It is the intent of the Town Board pursuant to § 10 of the
Municipal Home Rule Article to supersede the provisions of §§ 271
and 267 of the Town Law to the extent that they may be inconsistent
with the provisions of this article.
