[HISTORY: Adopted by the Town Board of the
Town of Hamburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-23-2009 by L.L. No. 1-2009]
Town Law §§ 267(7-a) and 271(7-a)
require all Zoning Board of Appeals and Planning Board members, and
people appointed as alternates to such boards, to receive a minimum
number of hours of training each year. Accordingly, in order to ensure
compliance with these requirements, and to enhance the qualifications
of Zoning Board of Appeals and Planning Board members, whose decisions
can affect the function and appearance of communities well into the
future, while impacting property interests important to individual
residents, the following training requirements are established.
Each member of the Zoning Board of Appeals and
Planning Board, including any alternates to either board, shall receive
a minimum of four hours per year of training related to the areas
of zoning, planning and/or land use. Members who are attorneys licensed
in the State of New York are exempt from such requirements.
[Amended 10-15-2018 by L.L. No. 7-2018]
Acceptable forms of training shall include traditional classroom-style training and up to two hours per year of approved online training. In accordance with §§ 34-5 and 34-6 of this chapter, online training will require a methodology to receive certificates of completion and will require Town Board approval of any online training program or course.
[Amended 10-15-2018 by L.L. No. 7-2018]
Acceptable providers of training shall include the Town Planner
or other approved planning consultant; regional planning counsels;
County Planning Agencies; a New York State agency; a New York State
association, e.g., the Association of Towns, Conference of Mayors
or New York Planning Federation; and an accredited college, or any
other provider approved by the Town Board in advance of a member's
attendance at such training.
Each member shall submit to the Town Attorney
certificates of completion or other documents verifying their compliance
with these training requirements on or before January 1 of the year
following the year in which the training was completed. Upon receipt,
such verification shall be forwarded to the Town Board for review.
If the Town Board, in its sole discretion, determines that any such
training is not acceptable, it shall provide the member with notice,
including a statement of the reason why such training is deemed unacceptable,
and allow the member 120 days to attend additional training to replace
the training hours disapproved by the Town Board.
Any member may submit information regarding
a particular training course to the Town Board in advance of attending
such course, with a request for approval of such training course.
The Town Board shall indicate its approval or rejection of such training
course, in writing, to the member within 15 days of receipt of the
member's request.
Training received by a member in excess of four
hours in any one year may be carried over into succeeding years, up
to a maximum of four hours carried over, upon the approval of the
Town Board.
A.
Any member who fails to meet the minimum training
requirements set forth in both the New York State Town Law and herein
will not be eligible for reappointment to their respective board.
B.
A member failing to meet the minimum training requirements
set forth in both the New York State Town Law and herein may be removed
prior to the expiration of their term, upon prior notice and the opportunity
for a hearing. The member shall notify the Town Board, in writing,
within 10 days of receipt of the notice of removal that he/she requests
a hearing. The Town Board shall schedule a hearing regarding such
removal within 20 days of receipt of the member's request; and the
Town Board shall forward its decision, in writing, to the member within
10 days from the date the hearing was completed.
No decision of a Zoning Board of Appeals or
Planning Board shall be voided or declared invalid because of a failure
of a member or members to comply with the training requirements set
forth herein.
While the training received by a member to meet
the training requirements recited herein can also be utilized to meet
the requirements set forth in the New York State Town Law, members
are not excused from complying with the requirements set forth in
the New York State Town Law, if such requirements are greater than
those set forth herein.
