This article shall be entitled "A Local Law to Provide for Required
Training for Members of the Planning Board and Board of Zoning Appeals."
The Chairperson of the Board of Zoning Appeals and the Chairperson of the Planning Board shall notify the Town Clerk 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 Town. In the event that a member of the Board of Zoning Appeals or Planning Board has failed to complete the mandated certified educational training requirements set forth in §
85-31, then the Town Board 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 §
85-31 above.
B. Public hearing. Such notice shall specify a date, not less than 10
days or more than 30 days from the date of mailing 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 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 Town Board. 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 Town Board shall
be reduced to writing, together with specific findings of the Town
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 Town Clerk.
E. Action by the Town Board. Following the hearing and upon a finding
that such member has not met the minimum training established by this
article, the Town Board, within 30 days of such finding, may:
(1) Remove such member from the Zoning Board of Appeals or Planning Board;
or
(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 because of 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 Board of Zoning Appeals or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of §
85-32, Procedure for removal of member, shall govern any hearing to remove a member for cause.
[Amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A. This article shall become effective upon filing with the New York
State Secretary of State.
B. This article shall apply to all members of the Town of Brookhaven
Zoning Board of Appeals and Planning Board, regardless of the date
of their appointment to such boards.
C. Prospective members of the Zoning Board off Appeals and Planning
Board shall be notified of the requirements of this article prior
to their appointment to such board.
D. General severability. If any clause, sentence, paragraph, section
or item of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not impair nor invalidate
the remainder hereof, but such adjudication shall be confined in its
operation to the clause, sentence, paragraph, section or item directly
involved in the controversy in which such judgment shall have been
rendered.
E. Provisions
for this article governing removal of a member of the Planning Board
do not apply in the event that there is no duly constituted Planning
Board and the Town Board is acting in the capacity of the Planning
Board.