[Adopted 6-1-2006 by L.L. No. 2-2006]
Members appointed to the Town of Forestburgh Planning Board shall be required to attend all meetings thereof, subject to excused absences. Any member of the Planning Board who accrues more than four unexcused absences in any calendar year shall be subject to removal from office in accordance with § 28-10 hereof.
A.
The Town Board of the Town of Forestburgh shall have
the power to remove any member of the Town of Forestburgh Planning
Board for cause, including noncompliance with attendance requirements.
B.
Upon receipt of a written notice of removal, a member
of the Town of Forestburgh Planning Board shall have 20 days to serve
a written request on the Town Clerk for a public hearing. Upon timely
receipt of a written request for a public hearing by the Town Clerk,
the Town Supervisor shall, within 10 days of receipt of said written
request, appoint a hearing officer, who shall promptly schedule a
date for hearing. The hearing shall be scheduled on a date within
45 days of the date of the notice of removal or at some other date
mutually convenient to the parties.
C.
Unless otherwise mutually agreed by the parties, the
hearing shall be conducted on consecutive business days until concluded.
The hearing officer shall not be bound by the formal rules of evidence.
At the conclusion of the hearing, the hearing officer shall promptly
issue a written decision and serve the same on all parties, who shall
be bound thereby.
D.
In the event the Town Clerk does not receive a timely
written request for a hearing, the removal from office of any Planning
Board member shall be effective on the 21st day after his or her receipt
of a written notice of removal.
Members appointed to the Town of Forestburgh
Zoning Board of Appeals shall be required to attend all meetings thereof,
subject to excused absences. Any member of the Zoning Board of Appeals
who accrues more than two unexcused absences in any calendar year
shall be subject to removal from office in accordance with this article.
A.
The Town Board of the Town of Forestburgh shall have
the power to remove any member of the Town of Forestburgh Zoning Board
of Appeals for cause, including noncompliance with attendance requirements.
B.
Upon receipt of a written notice of removal, a member
of the Town of Forestburgh Zoning Board of Appeals shall have 20 days
to serve a written request on the Town Clerk for a public hearing.
Upon timely receipt of a written request for a public hearing by the
Town Clerk, the Town Supervisor shall, within 10 days of receipt of
said written request, appoint a hearing officer, who shall promptly
schedule a date for hearing. The hearing shall be scheduled on a date
within 45 days of the date of the notice of removal or at some other
date mutually convenient to the parties.
C.
Unless otherwise mutually agreed by the parties, the
hearings shall be conducted on consecutive mutual business days until
concluded, The hearing officer shall not be bound by the formal rules
of evidence. At the conclusion of the hearing, the hearing officer
shall promptly issue a written decision and serve the same on all
parties, who shall be bound thereby.
D.
In the event the Town Clerk does not receive a timely
written request for a hearing, the removal from office of any Zoning
Board of Appeals member shall be effective on the twenty-first (21st)
day after his or her receipt of a written notice of removal.
[Amended 7-3-2014 by L.L. No. 2-2014]
The Town Board of the Town of Forestburgh has
elected to supersede the New York State Town Law pursuant to the Municipal
Home Rule Law of the State of New York, and the Town Board has determined
that all future appointments to the Zoning Board of Appeals shall
be for a term of three years from the date of appointment by the Town
Board.
This article is adopted pursuant to the authority
granted by § 10 of the Municipal Home Rule Law of the State
of New York and §§ 267 and 271 of the Town Law.
