[HISTORY: Adopted by the Town Board of the Town of Newstead
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2010 by L.L. No. 2-2010]
This article shall be known as Local Law No. 2 of the Year 2010,
entitled "Local Law Establishing Training Standards for Planning Board
and Zoning Board of Appeals members of the Town of Newstead," which
local law shall be incorporated into the Code.
The Town Board believes that due to the increased complexity
of the laws governing municipal activities that it is imperative that
members of the Planning Board ("Planning Board") and the Zoning Board
of Appeals ("ZBA") receive adequate training in order for those boards
to function effectively. The State of New York has recently enacted
amendments to §§ 271 and 267 of the Town Law to require
a minimum number of hours of training for all members of such boards,
including alternates. This article provides minimum training standards
for Planning Board and ZBA members of the Town of Newstead, including
the minimum number of hours that will be required and the training
programs that are considered acceptable to the Town of Newstead, as
well as enumerating training programs that are not deemed to be acceptable
in order to assist such members in selecting training programs to
attend.
A.
All
members and alternate members (hereinafter individually or collectively
referred to as "member" of the ZBA and Planning Board) shall be required
to attend a minimum of four hours of relevant training courses within
six months of their initial appointment and thereafter attend training
sessions of not less than four hours every year thereafter or such
greater amount as may thereafter be required by New York State Law.
B.
Noncompliance
with these minimum requirements relating to training shall be deemed
a proper cause for removal from office and shall be bar such member
from reappointment for an additional term.
C.
The
reasonable costs of such training courses, seminars, workshops or
continuing education courses shall be a Town charge up to a maximum
amount established by the Town each year as part of the Town's
budget process. 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 the member of
the ZBA and the 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 Conference of Mayors, New York
State Department of Environmental Conservation, New York State Planning
Federation, the Erie County Department of Environment and Planning,
Erie County Cooperative Extension and an accredited college or other
provider approved by the Town Board in advance of a member's
attendance at such training. Acceptable forms of training shall include
traditional classroom-style training and shall include in-house training
sessions as may be established by the Town conducted by an instructor
approved by the Town. No self-study training shall be acceptable towards
the completion of the training requirements. Each member shall submit
to the Clerk of their respective Board documents verifying their compliance
with the training requirements on or before January 1 of the year
following which such training was completed.
Notwithstanding the foregoing, the failure of a member of the
Planning Board or ZBA to obtain such training shall not affect said
persons' appointment to serve on such Board, to entertain applications,
to vote on such applications, or the validity of such member's
actions, or the validity of any decision order or action of such Board.
The Chairperson of the ZBA and the Chairperson of the Planning Board shall notify the Town Board in writing on or about January 15 in any year of any member who fails to comply with the minimum training requirements for the prior year. In the event such member of the ZBA or Planning Board has failed to complete the minimum training requirements as set forth in §§ 8-3 and 8-4 above, then the Town Board may remove such member for cause as herein provided.
B.
Hearing.
Such notice shall specify a date, not less than 10 or more than 30
days from the date of mailing of such notice, when the Town Board
shall convene and hold a hearing on whether or not such member should
be removed from service on such Board. Such notice shall also specify
the time, date and place of such hearing. The member shall have the
option of requesting that the hearing be a public hearing.
C.
Public notice. If the member elects to require that the hearing be a public hearing, notice of such hearing shall be published in the official newspaper of the Town specifying the time, date and place of the hearing at least 10 days prior to the date of the public hearing. If the member does not request a public hearing, the only notice given shall be the written notice specified in Subsection B above.
D.
Conduct
of hearing. The hearing shall be conducted by the Town Board. The
member shall be given the 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 the 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 within 30 days following the
completion of the hearing.
E.
Action
by the Town Board. Following the hearing and upon a finding that such
member has not met the minimum training requirements established by
this article, the Town Board may:
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 § 8-6 of this article shall govern any hearing to remove any member for cause.
