[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-18-1992 by L.L. No. 9-1992 (Ch. 3, Art. I, of
the 1975 Code)]
The Board of Trustees is hereby authorized to appoint up to
three alternate members to the Board of Zoning Appeals, the Planning
Board and other duly organized or hereafter organized board or committee
which is created by local law.
The alternate shall sit as a member of the board or committee,
exercising full power as if a regular member when he is authorized
to sit by certification of the Village Clerk-Treasurer or Deputy Clerk
that a regular member of a board or committee is unable or unavailable
to perform the duties of the board or committee on a particular date.
Neither the Mayor nor any Trustee may be appointed as an alternate
to the Board of Zoning Appeals or the Planning Board.
The term of the alternate shall be three years for the Planning
Board, three years for the Board of Zoning Appeals and three years
for any other board or committee. The alternate shall be chosen in
the same manner as the permanent members of the board are chosen.
[Adopted 12-16-2003 by L.L. No. 3-2003 (Ch. 3, Art. II, of
the 1975 Code)]
This article shall be entitled "A Local Law to Provide for Required
Training for Members of the Planning Board and Board of Zoning Appeals."
A.
The Village Board of Trustees finds that appropriate training of
Board of Zoning Appeals and Planning Board members is essential.
C.
It is the purpose of this article to assist Zoning and Planning Board
members in obtaining training to enhance their ability to carry out
their duties under law and to pay the costs of such training as a
Village charge.
D.
It is also the purpose of this article to establish minimum training
and continuing education course requirements for such members.
A.
Members of the Planning Board and Board of Zoning Appeals shall comply
with the training requirements prescribed by Village Law § 7-712,
Subdivision 7-a, and § 7-718, Subdivision 7-a. Such training
shall be approved by the Board of Trustees.[1]
B.
Noncompliance with minimum requirements relating to training shall
be deemed a proper cause for removal from office.
C.
The costs of such seminars, workshops or continuing education courses
so designated shall be a Village charge. Members shall also be reimbursed
for travel, lodging and meal expenses according to Village policies.
Such training sessions shall be approved in advance by the Village
Board of Trustees, which approval shall not be unreasonably withheld.
The Village Board of Trustees, after discussion with the Chairpersons
of the Board of Zoning Appeals and Planning 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 be of assistance to the Board of Zoning Appeals and/or
Planning Board in carrying out its functions in a timely, fair and
lawful manner.
Notwithstanding the foregoing, the failure of a member of the
Planning Board or Board of Zoning Appeals to obtain such training
shall not affect said person's appointment to serve on such Board,
to entertain applications, to vote on such applications or the validity
of such member's actions.
The Chairperson of the Board of Zoning Appeals and the Chairperson of the Planning Board shall notify the Village Clerk-Treasurer in writing, on or about May 1 in any year, of any member who fails to comply with the minimum requirements for training in any fiscal year of the Village. In the event that a member of the Board of Zoning Appeals or Planning Board has failed to complete the minimum training requirements set forth in § 106-6, then the Village Board of Trustees may remove such member for cause as herein provided.
A.
Notice. Such member shall be mailed a written notice, by certified mail, return receipt requested, specifying the nature of the failure of such member to meet the minimum requirements of § 106-6 above.
B.
Public hearing. Such notice shall specify a date, not less than 10
or more than 30 days from the date of mailing such notice, when the
Village Board of Trustees 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 and place of such hearing.
C.
Public notice. Public notice of such hearing shall be published 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 Village Board of Trustees. The member 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
Village Board of Trustees shall be reduced to writing, together with
specific findings of the Village Board with respect to each charge
against such member. A copy of such decision and such findings shall
be mailed to the member and a copy filed with the Village Clerk-Treasurer.
E.
Action by the Village Board of Trustees. Following the hearing and
upon a finding that such member has not met the minimum training established
by this article, the Village Board of Trustees, within 30 days of
such finding, may:
(1)
Remove such member from the Board of Zoning Appeals or Planning Board;
(2)
Issue a written reprimand to such member without removing such member
from such board; or
(3)
If the Village Board of Trustees 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 Village
Board of Trustees may elect to take no action.
Nothing contained herein shall be deemed to limit or restrict the Village Board of Trustees' authority to remove a member from the Board of Zoning Appeals or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 106-9, Procedure for removal of member, shall govern any hearing to remove a member for cause.
A.
This article shall become effective upon filing with the New York
State Secretary of State.
B.
This article shall apply to all alternate members and regular members
of the Village of Farmingdale Board of Zoning Appeals and Planning
Board, regardless of the date of their appointment to such boards.
C.
Prospective members of the Board of Zoning Appeals and Planning Board
shall be notified of the requirements of this article prior to their
appointment to such board.
