[HISTORY: Adopted by the Town Board of the Town of Wheatfield 2-9-2004
by L.L. No. 2-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 69.
Flood damage prevention — See Ch. 101.
Junkyards — See Ch. 109.
Mobile home parks — See Ch. 114.
Sewers — See Ch. 146.
Storm sewer system — See Ch. 163.
Stormwater management — See Ch. 164.
Subdivision of land — See Ch. 169.
Wind energy conversion systems — See Ch. 198.
Zoning — See Ch. 200.
[1]
Editor's Note: This chapter repealed former Ch. 44, Zoning and Planning
Boards, which consisted of Art. I, Member Requirements, adopted 9-20-1993
by L.L. No. 6-1993.
The Town of Wheatfield believes that it would be beneficial to set certain
minimum training requirements and minimum meeting requirements for the members
of the Town of Wheatfield Planning Board and Zoning Board of Appeals and to
provide for a mechanism for the removal of members who do not meet the minimum
training requirements or minimum attendance requirements. The purpose of this
chapter is to set forth certain minimum training and attendance requirements
and to establish a mechanism for the removal of members of the Planning Board
and Zoning Board of Appeals who do not meet such minimum requirements.
A.
The officers to the Town of Wheatfield Planning Board
shall be a Chairperson and a Vice Chairperson and Secretary.
B.
The Town Board shall appoint the Chairperson of the Planning
Board and Zoning Board of Appeals from among the members on an annual basis
at the Town Board organization meeting. The Planning Board and Zoning Board
of Appeals shall elect the Vice Chairperson and Secretary from among its members.
In the event of death or resignation of any officer, the Town Board shall
appoint a successor as soon as practical.
C.
The Chairperson shall supervise the affairs of the Planning
Board and the Zoning Board of Appeals, shall preside at all meetings of the
Board and shall appoint such committees and subcommittees of such size as
may be necessary, to carry out the purposes of the Planning Board and the
Zoning Board of Appeals. The Chairperson shall be an ex officio member of
all committees and subcommittees so appointed.
D.
The Vice Chairperson shall perform such duties as may
be delegated by the Chairperson; in the absence or disability of the Chairperson,
the Vice Chairperson shall perform the duties and exercise all the powers
of the Chairperson.
E.
There shall be a Secretary to the Planning Board and
the Zoning Board of Appeals. The members of the Planning Board and Zoning
Board of Appeals shall make the appointment of the Secretary by majority vote.
When approved by majority vote, the Vice Chairperson may assume the Secretary's
responsibilities.
(1)
The Secretary shall record and maintain permanent minutes
of the meetings of the Planning Board and Zoning Board of Appeals, which minutes
shall be a public record; shall keep a record of attendance of members at
such meetings; shall inform applicants in writing of the Board's decisions;
shall perform such other duties as shall be delegated by the Chairperson.
A copy of the approved minutes shall be provided to the Town Board, Town Clerk
and the Chairperson within two weeks of the Board meeting.
(2)
In the absence of the Secretary, the Planning Board and
Zoning Board of Appeals shall select a temporary Secretary to perform the
duties of Secretary.
F.
The Town Board appoints the five members of the Planning
Board and Zoning Board of Appeals for a five-year term. Members appointed
to fill a vacancy shall be appointed only for the unexpired term.
All members shall become familiar with the general governing rules contained
herein and any other references referred to by the Chairperson concerning
specific issues under discussion.
(1)
Attendance. All Planning Board and Zoning Board of Appeals
members shall attend not less than 80% of all regularly and specially scheduled
meetings each year, unless excused by written medical authorization or by
the Chairperson for a death in the family. The Chairperson shall notify the
Town Board of any such excused absence.
(2)
Site visits. All members shall make every effort to take
part in site visits when necessary as dictated by deliberations during meetings.
Site visits by Planning Board and Zoning Board of Appeals members does not
constitute a meeting subject to the Open Meetings Law so long as its purpose
is not for anything other than to "observe and acquire information."[1]
[1]
Editor's Note: See Article 7 of Public Officers Law § 100
et seq.
A.
Regular meetings shall be held as set by the respective
boards at their first meeting in each calendar year, in the Town Hall, 2800
Church Road, North Tonawanda, N.Y. 14120, unless such day shall be a recognized
holiday. Alternate dates for holidays, when necessary because of pending business,
will be agreed to by a majority vote of the members present at least one month
in advance of the change of date.
B.
Special meetings may be called by the Chairperson or
by any three members with five days' written notice to all members.
A.
A quorum shall be required to conduct business at any
regular or special meeting and shall consist of at least three members of
the Board. No hearing or meeting of the Board shall be held, nor any action
taken, in the absence of a quorum. Members present shall be entitled to request
the Chairperson to call a special meeting for a subsequent date. Subsequent
hearings shall be re-advertised in accordance with the requirements of the
applicable law.
B.
All members of the Planning Board and Zoning Board of
Appeals shall have equal voting rights.
C.
All matters shall be decided by a roll-call vote. A concurring
vote of three of the appointed Board members shall be required to act on any
matter before the Board. A tie vote or favorable vote by a lesser number shall
be considered a rejection of the application under consideration.
D.
Conflict of interest. No member of the Board shall sit
in hearing or vote on any matter in which he/she is personally or financially
interested. The Board in establishing a quorum for such matter shall not count
said member.
E.
Should a member have a question concerning the appropriateness
of his/her participation in a hearing or vote, after discussion with the Chairperson,
the matter may be referred to the Town Attorney for advice. This referral
should occur prior to the meeting to avoid a delay for the applicant.
Members of the Planning Board and Zoning Board of Appeals shall be entitled
to compensation on an annual basis, to be paid quarterly, at a rate to be
set by the Wheatfield Town Board.
All members of the Town Planning Board and Zoning Board of Appeals shall
be required to attend a minimum of eight hours in relevant training courses
within 12 months from the date of their initial appointment and thereafter
attend training sessions of not less than eight hours every three years thereafter.
Such training sessions shall be approved in advance by the Wheatfield Town
Board, and the Town of Wheatfield shall reimburse the member for the cost
incurred in connection with any such training, e.g., mileage, tuition, lodging
and meals. Training sessions may include any programs offered by New York
State, other municipalities, governmental associations, education institutions,
or in-house updates or seminars. Planning Board and Zoning Board of Appeals
approval is required when the training is offered at no charge within reasonable
travel distance.
The Chairperson of the Planning Board and Zoning Board of Appeals shall
notify the Town Board, in writing, on or before December 1 in any year of
any member who fails to comply with the minimum requirements for training
or the minimum attendance requirements in any calendar year. The Town Board
shall then conduct a hearing upon 15 days' written notice to the member to
determine whether good cause exists for the removal of any such member, and
if good cause exist, then the Town Board shall remove such member. Failure
to obtain the training required by this chapter or failure to meet the minimum
attendance requirements set forth in this chapter shall be prima facie evidence
of good cause for removal. At any such hearing, the member whose removal is
sought shall be entitled to be represented by counsel at his or her expense.
The hearing shall be held as required by the New York State Open Meetings
Law. In the event that the a member is removed from office, the Town Board
shall appoint a successor member to serve the remainder of the term of the
member so removed.
