[HISTORY: Adopted by the Town Board of the
Town of Chenango as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-19-1993 by L.L. No. 1-1993]
[Amended 3-4-2019 by L.L.
No. 1-2019]
The Town Board of the Town of Chenango desires
to establish the method of payment to appointed officers to the Planning
Board and the Zoning Board of Appeals.
Effective as of the adoption of this article,
the above-noted officials shall be paid on a per-meeting basis in
an amount to be established by the Town Board at its annual organizational
meeting.
[Adopted 6-4-2001 by L.L. No. 3-2001]
The 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 Chenango."
A.
The Town of Chenango finds that appropriate training
of the Town of Chenango's Zoning Board of Appeals (ZBA) and the Town
of Chenango Planning Board members is essential to the proper functioning
of said Boards.
B.
The State of New York has recognized the importance
of training in its recent amendments to the Planning Board and ZBA
statutes (Town Law §§ 271 and 267, Village Law §§ 7-718
and 7-712, and General City Law §§ 27 and 81), respectively.
C.
It is the purpose of this chapter to assist the ZBA
and Planning Board members in obtaining appropriate training to enhance
their ability to carry out their duties under applicable provisions
of law and to pay the reasonable costs of such training as a Town
charge.
D.
It is also the purpose of this article to establish
minimum training and continuing education course requirements for
such members.
[Amended 8-24-2022 by L.L. No. 5-2022]
A.
All members, alternate members and ad hoc members
(hereinafter individually or collectively referred to as "member")
of the ZBA and Planning Board shall be required to attend a minimum
of six hours in relevant training courses within the first calendar
year after the date of their initial appointment to such Board, and
thereafter, attend training sessions of not less than four hours every
calendar year thereafter.
B.
Training received by a member in excess of four hours
in any one year after the first year may be carried over into succeeding
years in order meet these requirements.
C.
Such training requirements can be waived or modified
by resolution of the Town Board when, in the judgment of the Town
Board, it is in the best interests of the Town to do so.
D.
Noncompliance
with these minimum requirements relating to training shall result
in ineligibility for reappointment and shall also be deemed a proper
cause for removal from office.
E.
The reasonable
costs of such training courses, seminars, workshops or continuing
education courses so designated shall be a Town charge. Members shall
also be reimbursed for reasonable travel and meal expenses according
to Town policies. Such training sessions shall be approved in advance
by the Town Board.
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 in-house
updates or training seminars or municipal law seminars conducted by
the Town Attorney. The Town of Chenango, after discussing 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.
A.
The Chairperson of the ZBA and the Chairperson of
the Planning Board shall notify the Town Board in writing on or about
October 1 in a given year of any member who, without good cause, fails
to comply with the minimum requirements for training.
B.
In the event that a member of the ZBA or Planning Board has failed to complete the minimum training requirements set forth in § 2A-5, then the Town Board may remove such member for cause as herein provided:
(1)
Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements of § 2A-5 above.
(2)
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 of Chenango 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.
(3)
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.
(4)
Conduct of hearing. The public hearing on the charges
shall be conducted before the Town Board of the Town of Chenango.
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 of
Chenango shall be reduced to writing together with specific findings
of the Town of Chenango 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.
(5)
Action by the Town Board of the Town of Chenango.
Following the hearing and upon a finding that such member has not
met the minimum training established by this chapter, the Town Board
of the Town of Chenango may:
(a)
Remove such member from the ZBA or Planning Board;
or
(b)
Issue a written reprimand to such member without removing
such member from such Board; or
(c)
Elect to take no action, if the Town Board shall find
that the reasons for failing to meet the minimum training requirements
are excusable for good and sufficient cause.
Nothing contained herein shall be deemed to limit or restrict the Town Board of the Town of Chenango'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 § 2A-8 (Procedure for removal of member) of this chapter shall govern any hearing to remove a member for cause.
A.
This chapter shall take effect immediately upon filing
with the New York State Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
B.
This chapter shall apply to all members and alternate
members of the ZBA and Planning Board regardless of the date of their
appointment to such Boards.
C.
Prospective members and alternate members of the ZBA
and Planning Board shall be notified of the requirements of this chapter
prior to their appointment to such Board.
