[Adopted 12-12-2006 by L.L. No. 4-2006 (Res. No. 215-2006)]
It is the intent of the Town Board of the Town of Southport in adopting this article to establish minimum requirements for the Planning Board and Zoning Board of Appeals, with regard to terms of office, training, attendance and attention to Town Law and Case Law in the State of New York. In this way, the Town Board will ensure that the Lay Boards appointed by the Town Board will appropriately address and manage development and the Town Board will appropriately address and manage development in the Town.
A. 
Appointment. The Town Board shall appoint the members of the Planning Board and Zoning Board of Appeals by resolution. The terms of the members of the Boards shall be for seven years. Appointments shall be staggered to ensure that no more than three Board members' terms expire at any time.
B. 
Vacancies. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term of the vacated office.
C. 
Term limits. No person shall be appointed to either the Planning Board or the Zoning Board of Appeals for more than two consecutive terms. Terms shall not be considered consecutive when the person being appointed has not been a member of such Board for a period of one year or more. Any prior service by a person currently on either the Planning Board or Zoning Board of Appeals shall not be taken into account under the terms of this section.
A. 
All members of the Planning Board and Zoning Board of Appeals shall be required to attend a minimum of 75% of their Board meetings scheduled within a calendar year.
B. 
Noncompliance with minimum requirements relating to attendance at meetings shall be deemed a proper cause for removal from office.
C. 
All members of the Planning Board and Zoning Board of Appeals shall be required to attend a minimum of four hours in relevant courses annually. Each member shall be compensated for the time spent in such training at the next regularly scheduled Board meeting following the date of training.
D. 
Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office.
E. 
The costs of such seminars, workshops or continuing education courses so designated shall be a Town charge. Members shall also be reimbursed for travel and meal expenses according to Town policies. Such training session shall be approved in advance by the Town Board.
F. 
Training sessions which relate to the duties of members of the Planning Board and 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, the Chemung County Planning Department, the New York State Planning Federation, and other such entities, as well as in-house updates or seminars. The Town Board, after discussion with the chairpersons of the Planning Board and Zoning Board of Appeals, 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 Planning Board and Zoning Board of Appeals in carrying out its functions in a timely, fair and lawful manner.
G. 
Each member of the Planning Board and Zoning Board of Appeals shall, in carrying out his or her duties, act within the dictates of the New York State enabling legislation, New York State Case Law and Town local laws in accordance with the training obtained.
Notwithstanding the forgoing, 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, to vote on such applications, or the validity of such members' actions.
The Chairperson of the Planning Board and/or Zoning Board of Appeals shall notify the Town Board in writing on or about December 1 in any year, or at any other time if warranted, 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 Planning Board has failed to complete the minimum attendance and/or training requirements set forth in this article, then the Town Board may remove such member for cause as herein provided:
A. 
Notice. Such members shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements regarding training and attendance.
B. 
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 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 attendance and/or training established by this article, the Town Board may:
(1) 
Remove such member from the 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 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.
F. 
Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the Planning Board or Zoning Board of Appeals for cause (i.e., for other than the reasons enumerated herein). The procedural rules established under this section shall govern any hearing to remove a member for such cause.