[Adopted 11-7-1957 (Ch. 30 of the 1983 Code); amended in its entirety 2-11-2013 by L.L. No.
2-2013]
The Chairperson and Secretary of the Planning Board, the Chairperson
and Secretary of the Zoning Board of Appeals and any and all other
officers of said Boards shall be appointed by the members of said
Boards.
[Adopted 4-9-2001 by L.L. No. 3-2001 (Ch. 31, Art. I, of
the 1983 Code)]
This article shall be entitled: "A Local Law Establishing Training
Requirements for Members and Alternate Members of the Planning Board
and Zoning Board of Appeals of the Town of Dickinson."
Training sessions which relate to the duties of members of the
ZBA and 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 Department of Environmental Conservation,
the New York State Planning Federation, the Broome County Department
of Planning and Economic Development, the Broome County Cooperative
Extension, and other such entities, as well as inhouse updates or
training seminars or municipal law seminars conducted by the Town
Attorney of the Town or the law firm with which such Town Attorney
is affiliated. The Town Board, after discussion with the Chairpersons
of the ZBA and Planning Board, shall annually designate such training
courses, 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/or Planning
Board in carrying out their respective functions in a timely, fair
and lawful manner.
Notwithstanding the foregoing, the failure of a member of the
Planning Board or ZBA to obtain such training shall not affect said
person's appointment to serve on such Board, to entertain applications,
to vote on such applications, 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 December 1 in any year, of any member who fails to comply with the minimum requirements for training in any calendar year. In the event a member of the ZBA or Planning Board has failed to complete the minimum training requirements set forth in §
151-5, then the Town Board may remove such member for cause as herein provided:
A. Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements of §
151-5 above.
B. 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 service on such Board. Such notice
shall also specify the time, date and place of such hearing.
C. Public notice. Public notice of such hearing shall be published in
the official newspaper of the time at least 10 days prior to the date
of the public hearing.
D. Conduct of hearing. The public hearing on the charges shall be conducted
before the Town Board. The member shall be given an 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
each 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.
E. Action by the Town Board. Following the hearing and upon a finding
that such member has not met the minimum training established by this
article the Town Board may:
(1) Remove such member from the ZBA or Planning Board; or
(2) Issue a written reprimand to such member without removing such member
from such Board; or
(3) If the Town Board shall find that the reasons for failing to meet
the minimum training requirements are excusable 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 ZBA or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of §
151-8 of this article shall govern any hearing to remove a member for cause.