[HISTORY: Adopted by the Town Board of the Town of Deerpark as indicated in article histories. Amendments noted where applicable.]
Planning Board — See Ch. 64.
[Adopted 8-11-1999 by L.L. No. 7-1999]
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
The purpose of this article is to provide standards of minimum attendance by members of the Town of Deerpark Planning Board, Town of Deerpark Zoning Board of Appeals and all appointed individuals, Board members and Commissioners at meetings and hearings of such Boards and before the Town Board and to establish minimum training and continuing education course requirements for such members. This article is enacted under the authority of Town Law § 267, Subdivisions 2 and 9.
Members of the Planning Board, Zoning Board of Appeals, all appointed individuals, Board members and Commissioners are expected to attend all regularly scheduled and specially scheduled meetings of the Boards. In the event that a member of the Boards is absent from three consecutive meetings, then such member may be removed from the Boards as herein provided.
Members of the Planning Board, Zoning Board of Appeals and all appointed individuals, Board members, and Commissioners are expected to attend all scheduled training and review sessions conducted by the Town Board and all such other seminars, workshops or continuing education courses designated by the Town Board. In the event that a member of the Boards, all appointed individuals, other Board members and Commissioners does not attend at least two of the training and review sessions conducted by the Town Attorney within any one calendar year, then such member may be removed from the Boards as herein provided. In the event that a member of the Boards does not attend at least one seminar, workshop or continuing education course within two consecutive calendar years in which the Town Board has designated at least two seminars, workshops or continuing education courses, then such member may be removed from the Boards as herein provided.
The Town Attorney shall annually conduct at least three training and review sessions with the Boards. The dates of the same shall be set in January of each year. Such sessions may include topics such as procedures, substantive issues, review of court cases, ethics, conflicts of interest and such other topics as the Town Attorney shall determine may assist the Boards and individuals in carrying out their functions in a timely, fair and lawful manner. The Town Board shall annually designate such 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 Zoning Board of Appeals and Planning Board in carrying out its functions in a timely, fair and lawful manner. The costs of such seminars, workshops or continuing education courses so designated shall be a Town charge. Members shall also be reimbursed for travel and meal expenses according to Town policies.
In the event a member of the Planning Board, Zoning Board of Appeals, appointed individuals, Board members and Commissioners has failed to meet the minimum attendance requirements set forth in § 9-2 or 9-3, then the Town Board may remove such member from the Boards as herein provided:
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 from the Zoning Board of Appeals or Planning Board or his or her position. Such notice shall also specify the time and place of such hearing.
Public notice. Public notice of such hearing shall be given by posting a notice on the Town signboard in the vestibule of the Town Hall and by publishing a notice once in the official newspaper. Such posting and publication shall be at least 10 days prior to the date of the public hearing.
Conduct of hearing. The public hearing on the charges shall be conducted before the Town Board. The member or individual shall be given an opportunity to present evidence and to call witnesses to refute the charges. 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 finding shall be mailed to the member.
Action by the Town Board. Following the hearing and upon a finding that such member has not met the minimum attendance requirements required by this article, the Town Board may:
Remove such member or individual from the Planning Board or Zoning Board of Appeals or other board, commission or position;
Issue a written reprimand to such member without removing such member from the Board or position; or
If the Town Board shall find that the reasons for absence were 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 Zoning Board of Appeals, Planning Board, other board, commission or position for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 9-5 (Procedure) shall govern any hearing to remove a member for cause.
Editor's Note: Former § 9-7, Appointment of alternate members to the Planning Board and Zoning Board of Appeals, was repealed 2-22-2010 by L.L. No. 1-2010.
This article shall become effective upon filing with the New York Secretary of State.
This article shall apply to all members of the Town of Deerpark Zoning Board of Appeals, Planning Board, all appointed individuals, Board members and Commissioners regardless of the date of their appointment to such Boards.
Prospective members of the Zoning Board of Appeals, Planning Board an all other individual appointees, Board members or Commissioners shall be notified of the requirements of this article prior to their appointment to such Board.
[Adopted 10-4-2010 by L.L. No. 6-2010]
The Town Board of the Town of Deerpark, Orange County, New York, wishes to create a Deerpark Veterans Board for the purposes of serving as an advisory board to the Town Board on the following matters and other matters where its assistance may be requested by the Town Board:
To create and fund-raise for a Veterans Memorial to be located in the Town of Deerpark.
To organize ceremonies in the Town for various veterans holidays.
To assist veterans in obtaining information for any government benefits afforded to them or their families.
To coordinate with Orange County Veterans Service Agency and local veterans organizations on any new programs or events for veterans and/or their families.
The Town Board hereby creates the Deerpark Veterans Board. It shall be a noncompensated advisory board which shall act in an advisory capacity to the Town Board on the issues set forth in the preceding section of this article.
The Board shall consist of no more than seven members, appointed by the Town Board, to serve at the pleasure of the Town Board. All members must be either active servicemen or -women in any branch of the United States Armed Services or veterans of any branch of the United States Armed Services with honorable discharges. Chairman of the Deerpark Veterans Board shall be appointed by the Town Board and shall serve at the pleasure of the Town Board. The Director of the Orange County Veterans Service Agency shall serve as a nonvoting honorary member of the Deerpark Veterans Board. A preference for appointment to the Board shall be given to veterans and active service personnel residing in the Town of Deerpark; however, members of the Board may be veterans or active service personnel residing in Orange County, New York.