[HISTORY: Adopted by the Town Board of the Town of Marilla 4-8-2010 by L.L. No.
4-2010. Amendments noted where applicable.]
This chapter shall be known as Local Law No. 4 of the Year 2010,
entitled "Local Law Establishing Training Standards for Planning Board
and Zoning Board of Appeals Members of the Town of Marilla" which
chapter shall be incorporated into the Code.
The Town Board believes that due to the increased complexity
of the laws governing municipal activities that it is imperative that
members of the Planning Board ("Planning Board") and the Zoning Board
of Appeals ("ZBA") receive adequate training in order for those boards
to function effectively. The State of New York has recently enacted
amendments to §§ 271 and 267 of the Town Law to require
a minimum number of hours of training for all members of such Boards,
including alternates. This chapter provides minimum training standards
for Planning Board and ZBA members of the Town of Marilla including
the minimum number of hours that will be required and the training
programs that are considered acceptable to the Town of Marilla, as
well as enumerating training programs that are not deemed to be acceptable
in order to assist such members in selecting training programs to
attend.
A.
All members and alternate members (hereinafter individually or collectively
referred to as "member") of the Planning Board and Zoning Board of
Appeals shall be required to attend a minimum of four hours of relevant
training courses per calendar year.
[Amended 7-12-2012 by L.L. No. 5-2012]
B.
Noncompliance with these minimum requirements relating to training
shall be deemed a proper cause for removal from office and shall bar
such member from reappointment for an additional term.
C.
The reasonable costs of such training courses, seminars, workshops
or continuing education courses shall be a Town charge up to a maximum
amount established by the Town each year as part of the Town's
budget process. Members shall also be reimbursed for travel and meal
expenses according to Town policies. Such training sessions shall
be approved in advance by the Town Board.
[Amended 7-12-2012 by L.L. No. 5-2012]
Training sessions which relate to the duties of the members
of the Planning Board and the Zoning Board of Appeals 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, New York State Planning Federation, the Erie County
Department of Environment and Planning, or Erie County Cooperative
Extension as well as such in-house training sessions as may be established
by the Town, conducted by the Town Planner and/or the Town Attorney.
Approved self-study or online training shall be deemed acceptable
towards the completion of the training requirements. No more than
two hours maximum per year may be obtained online, and no online course
shall be repeated for credits. When more than four hours of credit
is obtained in one year, those credits in excess of four hours may
be accumulated towards following years' requirements. Each member
shall submit to the Chairman of his or her respective Board documents
verifying his or her compliance with the training requirements on
or before January 1 of the year following which such training was
completed. The Chairman of the respective Board shall then submit
such compliance documents to the Town Board.
Notwithstanding the foregoing, the failure of a member of the
Planning Board or ZBA to obtain such training shall not affect said
persons' appointment to serve on such Board, to entertain applications,
to vote on such applications, or 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 February 1 in any year of any member who fails to comply with the minimum training requirements for the prior year. In the event such member of the ZBA or Planning Board has failed to complete the minimum training requirements as set forth in §§ 150-3 and 150-4 above, then the Town Board may remove such member for cause as herein provided.
B.
Public hearing. Such notice shall specify a date, not less than 10
or more than 30 days from the date of mailing of 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 Town specifying the time, date and place
of the hearing at least 10 days prior to the date of the public hearing.
D.
Conduct of hearing. The public hearing shall be conducted by the
Town Board. The member shall be given the 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 the 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 within 30
days following the completion of the hearing.
E.
Action by the Town Board. Following the hearing and upon a finding
that such member has not met the minimum training requirements established
by this chapter, the Town Board may:
(1)
Remove such member from the ZBA or Planning Board;
(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 due to 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 § 150-6 of this chapter shall govern any hearing to remove any member for cause.
