[HISTORY: Adopted by the Town Board of the Town of Southampton as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-2005 by L.L. No. 12-2005]
A.
Regardless of the date of their initial appointment,
all members of the Zoning Board of Appeals and the Planning Board shall be
required to attend a minimum of six hours of relevant training courses within
each year from the date of their appointment to such
Board. Such training shall include an introductory planning and zoning course
approved by the Town Planning and Development Administrator for new members
and/or members who have not previously taken said course.
B.
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. Noncompliance with minimum requirements
relating to training shall be deemed a proper cause for removal from office.
C.
The Town Board, after discussion with the Chairpersons
of the Zoning Board of Appeals, the Planning Board, and the Town Planning
and Development Administrator, 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. Additional seminars, workshops, or courses may be added during
the year at the advice of the Town Planning and Development Administrator
and as approved by the Town Board.
D.
The costs of such seminars, workshops or continuing education
courses so designated shall be a Town charge and shall be approved in advance
by the Town Board. Members shall also be reimbursed for travel, lodging, and
meal expenses according to Town policies.
E.
The failure of a member of the Zoning Board of Appeals or Planning Board to obtain such training shall not affect said person's appointment to serve on the Board, to entertain applications, to vote on such applications or the validity of such member's actions unless further action is taken by the Town Board pursuant to § 62-2.
Each Board member shall submit proof of compliance with the minimum training requirements to the Town Planning and Development Administrator, or his designee, no later than January 3 of the following year. Thereafter, the Town Planning and Development Administrator, or his designee, shall submit such proof to the Town Board no later than January 10 of that same year. In the event that a member of the Zoning Board of Appeals or Planning Board has failed to complete the minimum training requirements as set forth in § 62-1, then the Town 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 § 62-1 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 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 charge
shall be conducted before the Town 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 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 mailed to the member and a copy filed with the Town Clerk.
E.
Action by the Town Board.
(1)
Following the hearing and upon a finding that such member
has not met the minimum training established by this chapter, the Town Board,
within 30 days of such finding, may:
(a)
Remove such member from the Board;
(b)
Issue a written reprimand to such member without removing
such member from the Board; or
(c)
If the Town Board shall find that the reason 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.
(2)
Nothing contained herein shall be deemed to limit or
restrict the Town 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).
