[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.
[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]
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.