[HISTORY: Adopted by the Town Board of the Town of Batavia as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-20-1996 by L.L. No. 1-1996]
This article shall be titled "A Local Law to Provide Minimum Requirements
for Meeting Attendance and Training for Members of the Town of Batavia Planning
Board and Town of Batavia Zoning Board of Appeals."
As used in this article, the following terms shall have the meanings
indicated:
Planning Board of the Town of Batavia.
Town of Batavia.
Town Board of the Town of Batavia.
Town Clerk of the Town of Batavia.
Zoning Board of Appeals of the Town of Batavia.
A.
The Town Board finds that appropriate attendance at meetings
and training of Zoning Board of Appeals and Planning Board members is essential.
B.
The State of New York has recognized the importance of
both meeting attendance and training in its recent amendments to the Planning
Board and Zoning Board of Appeals statutes (§§ 271 and 267,
respectively, of the Town Law).
C.
It is the purpose of this article to encourage Zoning
Board of Appeals and Planning Board members to attend their respective Board
meetings and to obtain training to enhance their ability to carry out their
duties under law. The Town Board is prepared to pay the costs associated with
meeting attendance and such training as provided for in the town's budget.
D.
It is also the purpose of this article to establish required
minimum meeting attendance along with 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 75% of their Board meetings
scheduled within a calendar year.
B.
Noncompliance with minimum requirements relating to attendance
at meetings shall be deemed a proper cause for removal from office.
A.
All members of the Zoning Board of Appeals and Planning
Board shall be required to attend a minimum of four hours in relevant training
courses within one year from the date of their initial appointment to such
Board, attend training sessions of not less than four hours every one year
thereafter and provide proof of attendance to the Town Clerk.
[Amended 8-15-2007 by L.L. No. 2-2007]
B.
Noncompliance with minimum requirements relating to training
shall be deemed a proper cause for removal from office.
C.
The costs of such 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 Zoning
Board of Appeals 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 Genesee County
Planning Department, the New York State Planning Federation, and other such
entities, as well as in-house updates of seminars. The Town Board, after discussion
with the Chairpersons of the Zoning Board of Appeals and Planning Board, 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 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 attend the required percentage of meetings
or obtain such training shall not affect said person's appointment to
serve on such Board, to entertain applications, and to vote on such applications,
or the validity of such member's actions.
The Chairperson of the Zoning Board of Appeals 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 meeting attendance and/or training in any calendar year. In the event a member of the Zoning Board of Appeals or Planning Board has failed to complete the minimum attendance and/or training requirements set forth in §§ 34-4 and 34-5, respectively, then the Town Board may remove such member for cause as herein provided.
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 in a paper of general circulation within the town 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 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. Findings shall be filed in the Town Clerk's
office and mailed to the member within five business days of such filing by
certified mail, return receipt.
E.
Action by the Town Board. Following the hearing and upon
a finding that such member has not met the minimum meeting attendance and/or
training established by this article, the Town Board may:
(1)
Remove such member from the Zoning Board of Appeals or
Planning Board by majority vote of the entire Town Board;
(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 meeting attendance and/or 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 Zoning Board of Appeals or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 34-8, Procedure for removal of members, shall govern any hearing to remove a member for cause.
A.
This article shall apply to all members of the Zoning
Board of Appeals and Planning Board regardless of the date of their appointment
to such Board.
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.
[Adopted 2-14-2001 by L.L. No. 1-2001]
This article is enacted by the Town Board of the Town of Batavia pursuant
to the provisions of § 10 of the Municipal Home Rule Law to establish
alternate member positions for the Town of Batavia Planning Board and Zoning
Board of Appeals (ZBA). The purpose of these alternate member positions is
to substitute an alternate for a regular member in the event such regular
member is unable to participate at a meeting for any reason (i.e., conflict
of interest, injury, illness, unavailability due to conflicts such as work,
vacation or other personal reasons).
This article shall be known as "A Local Law Establishing Alternate Member
Positions for the Town of Batavia Planning Board and Zoning Board of Appeals."
Alternate members of the Town of Batavia Planning Board and the ZBA
shall be appointed by resolution of the Batavia Town Board to serve a term
of office of two years. All provisions of New York State statutes, rules and
regulations, the Town of Batavia Zoning Ordinance and all other town rules,
regulations and laws applicable to regular members of the Planning Board and
the ZBA, including, but not limited to, training and continuing education,
attendance, conflict of interest, compensation, eligibility, vacancy in office,
removal and service on other boards, shall also apply to the alternate member(s)
of each respective Board. Only two alternate member positions shall be permitted
for each Board.
The Chairperson, or Vice-Chairperson in his or her absence, of the Planning
Board or the ZBA may designate an alternate member to substitute for a regular
member when such member is unable to participate for any reason. When so designated,
the alternate member shall possess all the powers and responsibilities of
such regular member of the Board. The designation of such alternate member
shall be entered into the minutes of the initial meeting at which the substitution
is made.
All applicable statutes, laws and local ordinances in conflict with
the provisions of this article, including, but not limited to, §§ 267
and 271 of New York State Town Law, are hereby superseded to the extent necessary
to give this article full force and effect.
