[HISTORY: Adopted by the Town Board of the
Town of Athens as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-11-1998 by L.L. No. 1-1998]
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.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
The Planning Board of the Town of Athens as established by
the Town Board pursuant to the provisions of § 271 of the
Town Law.
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.
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.
[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.
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:
[Adopted 3-2-2015 by L.L.
No. 1-2015]
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."
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.
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.
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.
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.
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.
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.
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.
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.
The provisions of this article relating to Planning Board and
Zoning Board of Appeals members shall also apply to alternate members.
