Town of Athens, NY
Greene County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Athens as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 154.
Zoning — See Ch. 180.
[Adopted 5-11-1998 by L.L. No. 1-1998]

§ 48-1 Short title and applicability.

A. 
The short title of this article is the "Alternate Planning Board and Zoning Board of Appeals Members Act."
B. 
This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board/Zoning Board of Appeals in the Town of Athens.

§ 48-2 Declaration of policy.

It is sometimes difficult to maintain a quorum on the Planning Board/Zoning Board of Appeals because members are ill, on extended vacation or find they have a conflict of interest situation on a specific matter before such Board. In such instances official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.

§ 48-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or the Town Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board/Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Athens as established by the Town Board pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Athens as established by the Town Board pursuant to the provisions of § 267 of the Town Law.

§ 48-4 Appointment of alternate members.

A. 
The Town Board of Athens hereby enacts this article to provide a process for appointing alternate members of the Planning Board/Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective Board.
B. 
Alternate members of the Planning Board/Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority for a term of one year.
C. 
The Town Board shall appoint a maximum of two alternate members to the Planning Board and two alternate members to the Zoning Board of Appeals.
D. 
The Chairperson of the Planning Board/Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board/Zoning Board of Appeals meeting at which the substitution is made.
E. 
All provisions of state law relating to Planning Board/Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

§ 48-4.1 Training attendance required.

[Added 6-4-2007 by L.L. No. 1-2007]
A. 
Authorization. This section is enacted pursuant to the requirements set forth in New York State Town Law Sections 267 and 271 to establish training and attendance requirements for Planning Board and Zoning Board of Appeals members.
B. 
Training. Members of the Planning Board and Zoning Board of Appeals shall be required to complete a minimum of four hours of training during each calendar year, or portion thereof, designed to enable such members to more effectively carry out their duties. Training received annually in excess of four hours may be carried over into succeeding years. Training sessions shall be approved by the Town Board by resolution upon recommendation of the Planning Board and the Zoning Board of Appeals and may include training provided by municipal, county or regional planning departments, planning federations, state agencies, state-wide municipal associations, colleges or other sponsoring entities. The training may include electronic media, video, Internet learning or traditional classroom training as approved by the Town Board by resolution.
C. 
Reappointment. No member of the Planning Board or the Zoning Board of Appeals shall be eligible for reappointment to the Planning Board or Zoning Board of Appeals without having completed the cumulative annual training required by this section.
D. 
Time and mileage reimbursement. Members attending training sessions shall be reimbursed for mileage to and from the training at the federal rate and for the time of attendance pursuant to the policies as adopted from time to time by the Town Board.

§ 48-5 Supersession of Town Law.

This article is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:
A. 
Section 271 of the Town Law relating to the appointment of members to town planning boards; and/or
B. 
Section 267 of the Town Law relating to the appointment of members to town zoning board of appeals.
[Adopted 3-2-2015 by L.L. No. 1-2015]

§ 48-6 Title.

This article shall be entitled: "A Local Law Amending Chapter 48 by Adding Article II to the Code of the Town of Athens Reaffirming Training Requirements for Planning Board and Zoning Board of Appeals Members and Establishing an Attendance Policy for Planning Board and Zoning Board of Appeals Members."

§ 48-7 Authorization.

This article is enacted pursuant to the requirements set forth in New York State Town Law §§ 267 and 271 to establish training and attendance requirements for Planning Board and Zoning Board of Appeals members.

§ 48-8 Training.

Members of the Planning Board and Zoning Board of Appeals shall be required to complete a minimum of four hours of training during each calendar year, or portion thereof, designed to enable such members to more effectively carry out their duties. Training received annually in excess of four hours may be carried over into succeeding years to meet the training requirements. Training sessions shall be approved by the Town Board by resolution upon recommendation of the Planning Board and the Zoning Board of Appeals and may include training provided by municipal, county or regional planning departments, planning federations, state agencies, statewide municipal associations, colleges or other sponsoring entities. The training may include electronic media, video, distance learning, or traditional classroom training.

§ 48-9 Reappointment.

No member of the Planning Board or the Zoning Board of Appeals shall be eligible for reappointment to the Planning Board or Zoning Board of Appeals without having completed the cumulative annual training required by this article.

§ 48-10 Time and mileage reimbursement.

Members attending training sessions shall be reimbursed for mileage to and from the training at the federal rate and for the time of attendance pursuant to the policies as adopted from time to time by the Town Board.

§ 48-11 Attendance.

Each Planning Board and Zoning Board of Appeals member is required to attend a minimum of three out of every five regularly scheduled meetings/work sessions. If a member anticipates his or her absence from a meeting/work session, the member should make every effort to contact the chairman so an alternate may be notified.

§ 48-12 Removal.

The Town Board shall have the power to remove, after public hearing, any member of the Planning Board or the Zoning Board of Appeals for cause. Any Planning Board or Zoning Board of Appeals member may be removed for noncompliance with the minimum requirements relating to training and meeting attendance as established by this article.

§ 48-13 Procedure for removal.

The Planning Board Chairman, the Zoning Board of Appeals Chairman or a Town Board member may submit a written statement to the Town Board requesting a Planning Board or Zoning Board of Appeals member be removed for failure to meet attendance requirements. The Town Board shall consider same and may vote to file a complaint against the member. Said written complaint must also be filed with the Town Clerk, Secretary to the Planning Board or Zoning Board of Appeals and the party complained of (the respondent), and include a recitation of alleged facts supporting the complaint. The complaint shall provide at least 15 days' notice for a public hearing before the Town Board. The respondent shall have 10 days to simply admit or deny the complaint. Failure to deny the complaint shall be deemed an admission.

§ 48-14 Public hearing.

The Town Board has the burden of presenting proof at the public hearing by a preponderance of the evidence that the respondent has failed to meet the attendance requirements. The respondent shall have an opportunity to be heard to refute the allegations or offer an excuse for such absence. A majority vote of the Town Board is required to remove the respondent upon a finding of failure to meet the attendance requirements.

§ 48-15 Applicability.

The provisions of this article relating to Planning Board and Zoning Board of Appeals members shall also apply to alternate members.