[Adopted 3-20-1996 by L.L. No. 1-1996]
This article shall be titled "A Local Law to
Provide Minimum Requirements for Meeting Attendance and Training for
Members of the Town of Batavia Planning Board and Town of Batavia
Zoning Board of Appeals."
As used in this article, the following terms
shall have the meanings indicated:
Training sessions which relate to the duties
of members of the Zoning Board of Appeals 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 Genesee County Planning Department,
the New York State Planning Federation, and other such entities, as
well as in-house updates of seminars. The Town Board, after discussion
with the Chairpersons of the Zoning Board of 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 of assistance to the Zoning Board of
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 Zoning Board of Appeals to attend
the required percentage of meetings or obtain such training shall
not affect said person's appointment to serve on such Board, to entertain
applications, and to vote on such applications, or the validity of
such member's actions.
The Chairperson of the Zoning Board of Appeals and the Chairperson of the Planning Board shall notify the Town Board in writing on or about December 1 in any year of any member who fails to comply with the minimum requirements for meeting attendance and/or training in any calendar year. In the event a member of the Zoning Board of Appeals or Planning Board has failed to complete the minimum attendance and/or training requirements set forth in §§
34-4 and
34-5, respectively, then the Town Board may remove such member for cause as herein provided.
A. Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements of §
34-4 and/or
34-5 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 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 in a paper of general circulation within the town 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. Findings shall be filed in the Town Clerk's office and mailed
to the member within five business days of such filing by certified
mail, return receipt.
E. Action by the Town Board. Following the hearing and
upon a finding that such member has not met the minimum meeting attendance
and/or training established by this article, the Town Board may:
(1) Remove such member from the Zoning Board of Appeals
or Planning Board by majority vote of the entire Town 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 meeting attendance and/or 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 Zoning Board of Appeals or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of §
34-8, Procedure for removal of members, shall govern any hearing to remove a member for cause.
[Adopted 2-14-2001 by L.L. No. 1-2001]
This article is enacted by the Town Board of
the Town of Batavia pursuant to the provisions of § 10 of
the Municipal Home Rule Law to establish alternate member positions
for the Town of Batavia Planning Board and Zoning Board of Appeals
(ZBA). The purpose of these alternate member positions is to substitute
an alternate for a regular member in the event such regular member
is unable to participate at a meeting for any reason (i.e., conflict
of interest, injury, illness, unavailability due to conflicts such
as work, vacation or other personal reasons).
This article shall be known as "A Local Law
Establishing Alternate Member Positions for the Town of Batavia Planning
Board and Zoning Board of Appeals."
Alternate members of the Town of Batavia Planning
Board and the ZBA shall be appointed by resolution of the Batavia
Town Board to serve a term of office of two years. All provisions
of New York State statutes, rules and regulations, the Town of Batavia
Zoning Ordinance and all other town rules, regulations and laws applicable
to regular members of the Planning Board and the ZBA, including, but
not limited to, training and continuing education, attendance, conflict
of interest, compensation, eligibility, vacancy in office, removal
and service on other boards, shall also apply to the alternate member(s)
of each respective Board. Only two alternate member positions shall
be permitted for each Board.
The Chairperson, or Vice-Chairperson in his
or her absence, of the Planning Board or the ZBA may designate an
alternate member to substitute for a regular member when such member
is unable to participate for any reason. When so designated, the alternate
member shall possess all the powers and responsibilities of such regular
member of the Board. The designation of such alternate member shall
be entered into the minutes of the initial meeting at which the substitution
is made.
All applicable statutes, laws and local ordinances
in conflict with the provisions of this article, including, but not
limited to, §§ 267 and 271 of New York State Town Law,
are hereby superseded to the extent necessary to give this article
full force and effect.