[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
This article shall be entitled "A local law
of the Town of Maine establishing training requirements for members,
alternate members and ad hoc members of the Planning Board and Zoning
Board of Appeals of the Town of Maine."
A.
The Town Board of the Town of Maine (hereinafter the
"Town Board") finds and determines 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 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 Planning Board and ZBA
statutes (New York State Town Law §§ 271 and 267, respectively)
as contained in Chapter 662 of the Laws of 2006.
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 ZBA and Planning Board members, alternate members and ad hoc
members.
A.
All members, alternate members and ad hoc members
(hereinafter individually or collectively referred to as "member")
of the ZBA and Planning Board shall be required to attend a minimum
of six hours in relevant training courses within the first calendar
year after the date of their initial appointment to such Board; and
thereafter, attend training sessions of not less than four hours every
calendar year thereafter.
B.
Training received by a member in excess of four hours
in any one year after first year may be carried over into succeeding
years in order meet these requirements.
C.
Such training requirements can be waived or modified
by resolution of the Town Board when, in the judgment of the Town
Board, it is in the best interests of the Town to do so.
D.
Noncompliance with these minimum requirements relating
to training shall result in ineligibility for reappointment and shall
also be deemed a proper cause for removal from office.
E.
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 in-house
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. 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,
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 ZBA 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, alternate member or ad hoc member of the Planning Board
or ZBA to obtain such training shall not affect the validity of such
member's actions or the validity of any decision, order or action
of the Planning Board or ZBA.
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 has failed 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 § 111-18, 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 § 111-18 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 as a member of 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 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 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 § 111-21, Procedure for removal of member, of this article shall govern any hearing to remove a member for cause.
A.
This article shall apply to all members, alternate
members and ad hoc members of the ZBA and Planning Board, regardless
of the date of their appointment to such Boards.
B.
Prospective members, alternate members and ad hoc
members of the ZBA and Planning Board shall be notified of the requirements
of this article prior to their appointment to such Board.
