[HISTORY: Adopted by the Town Board of the Town of Clinton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-2007 by L.L. No. 1-2007]
This article shall be know as "A Local Law Establishing Training
Requirements for Town of Clinton Planning Board and Zoning Board of
Appeals Members."
New York State Town Law §§ 267 and 271, as amended
by Chapter 662 of the Laws of 2006, effective January 1, 2007, requires
all Planning Board and Zoning Board of Appeals (ZBA) members in New
York State, as well as alternate members, if they exist, of those
boards, to complete a minimum of four hours of training each year.
The stated statute of state law provides that Planning Board or ZBA
members shall not be eligible for reappointment to such boards if
they have not completed the training required by law.
A.
Training may be provided in a variety of formats, including, but
not limited to, electronic media, video, distance learning and traditional
classroom training.
B.
The following list of agencies, commissions, associations, universities,
and other organizations are approved by the Town of Clinton Town Board
to provide training to meet the state requirements when the training
they provide pertains to municipal planning, zoning, community design,
environmental issues, economic development, and local government functions
and practices: the New York State Department of State; Department
of Agriculture and Markets; Office of the State Comptroller; Department
of Health; Department of Transportation; Department of Environmental
Conservation; Office of Parks, Recreation, and Historic Preservation;
Hudson River Valley Greenway; the New York State Association of Towns;
the New York Conference of Mayors; the New York State Association
of Counties; the New York Planning Federation; the American Planning
Association; the Upstate New York Chapter of the American Planning
Association and its sections; and the Metro New York Chapter of the
American Planning Association and its sections; the various New York
State County planning federations; various New York State County planning
department(s); and various New York State County Soil and Water Conservation
Districts; the Albany Law School Governmental Law Center and Institute
for Legal Studies; Pace Law School; Cornell University and its cooperative
extension; the Institute of Ecosystem Studies; the Attorney to the
Town of Clinton; on-line planning and zoning training programs offered
by the New York Municipal Insurance Reciprocal; and the Pace University
and Land Use Law Center.
C.
Alternate training activities may be approved on a case-by-case basis
by the Town Board upon the written request of a Planning Board or
ZBA member.
D.
Training received by a Planning Board member or ZBA member in excess
of four hours in any one year may be carried over by the member as
credit into succeeding years. The Planning Board or ZBA member may
catch up with deficiencies in a prior year by attending additional
classes in the future and thereby be eligible for reappointment.
E.
The cost associated with a board member attending an approved training
will be borne by the municipality, and an annual budget will be established
to cover such expenses. One hour of continuing legal education credit
shall consist of at least 50 minutes of instruction, exclusive of
introductory remarks, meals, breaks, or other noneducational activities.
F.
The cost of $50 or less per member for a given training session does
not require prior approval, provided it meets the requirements reflected
in this article. However, if the cost is greater than this limit it
will require the prior approval of the Town Board of the Town of Clinton.
If prior approval is required for a particular training session that
meets all other requirements reflected in this article, but there
is no time for prior Town Board approval, the Planning Board or ZBA
member shall obtain prior verbal approval from the Town Supervisor.
The Town Board shall then officially ratify the approval of the training
session at the subsequent regular Town Board meeting.
G.
Planning Board and ZBA members are required to maintain a personal
training record for the calendar year and shall submit to the Town
Clerk upon completion of the mandatory training the annual record
that includes certificates or letters of attendance showing the required
classes attended, location, and hours.
H.
Any new member of the Planning Board or ZBA appointed to fill the
last 11 months of a term shall not be required to have attended the
required four-hour training to be reappointed to a first full term,
but must thereafter comply with the municipal training policy as provided
elsewhere herein.
I.
If a Planning Board or ZBA member does not attend the required four-hour
training in a twelve-consecutive-month period from the time of appointment;
said member may be removed from office, provided said member has been
given written notification of noncompliance by the Town Board and
an offer of a hearing before the Town Board has been provided.
The Town Clerk shall create and maintain a system of tracking
the training individual members complete annually; and such information
shall be presented to the Town Board prior to considering a member
for reappointment.
