Southampton Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Training Requirements
§ 116-41 Purpose and intent.
A.
The Village Board finds that appropriate training of the members of the Board of Appeals, Planning Board and Board of Architectural Review and Historic Preservation is essential.
B.
The State of New York has recognized the importance of training of members of the Board of Appeals and Planning Board in New York Village Law §§ 7-718(1) and 7-712(2). The Village Board similarly recognizes the importance of training of the members of the Board of Architectural Review and Historic Preservation who also administer portions of the Zoning Law.
C.
It is the purpose of this article to assist members of the Board of Appeals, Planning Board and Board of Architectural Review and Historic Preservation in obtaining training to enhance their ability to carry out their duties under law and to pay the costs of such training as a Village charge.
D.
It is also the purpose of this article to establish minimum training and continuing education course requirements for such members.
§ 116-42 Minimum training requirements.
A.
All members of the Board of Appeals, Planning Board and Board of Architectural Review and Historic Preservation shall be required to attend a minimum of four hours in relevant training courses within each year from the date of their initial appointment to such Board and thereafter attend training sessions of not less than four hours every fiscal year (July 1 through June 30) thereafter. Training in excess of four hours may be carried over by the member into succeeding years upon the approval of the Village Board.
B.
Prospective members of the Board of Appeals, Planning Board and Board of Architectural Review and Historic Preservation shall be notified of the requirements of this article prior to their appointment to such Board.
C.
The costs of such seminars, workshops or continuing education courses so designated shall be a Village charge. Members shall also be reimbursed for travel and meal expenses according to Village policies. Such training sessions shall be approved in advance by the Village Board, which approval shall not be unreasonably withheld.
D.
The training required by this article may be waived or modified by resolution of the Village Board when, in the judgment of the Village Board, it is in the best interest of the Village to do so.
E.
To be eligible for reappointment to the Board of Appeals, Planning Board or Board of Architectural Review and Historic Preservation, such member shall have completed the training promoted by the Village Board pursuant to this article. Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office.
§ 116-43 Approved training courses.
The Village Board, after discussion with the Chairpersons of the Board of Appeals, Planning Board and Board of Architectural Review and Historic Preservation, 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 be of assistance to the Board of Appeals, Planning Board and/or Board of Architectural Review and Historic Preservation in carrying out its functions in a timely, fair and lawful manner. Training via electronic media, video, or distance learning must be preapproved by the Village Administrator.
§ 116-44 Lack of training not to affect validity of members' actions.
Notwithstanding the foregoing, the failure of a member of the Board of Appeals, Planning Board or Board of Architectural Review and Historic Preservation to 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 member's actions.
§ 116-45 Procedure for removal of member.
The Chairperson of the Board of Appeals, Planning Board or Board of Architectural Review and Historic Preservation shall notify the Village 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 Village. In the event that a member of the Board of Appeals, Planning Board or Board of Architectural Review and Historic Preservation has failed to complete the minimum training requirements set forth in this article, then the Village 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 this article.
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 Village 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 Village 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 Village Board shall be reduced to writing, together with specific findings of the Village 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 Village Clerk.
E.
Action by the Village Board. Following the hearing and upon a finding that such member has not met the minimum training established by this article, the Village Board, within 30 days of such finding, may:
(1)
Remove such member from the Board of Appeals, Planning Board or Board of Architectural Review and Historic Preservation;
(2)
Issue a written reprimand to such member without removing such member from such Board; or
(3)
If the Village 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 Village Board may elect to take no action.
§ 116-46 Removal for cause.
Nothing contained herein shall be deemed to limit or restrict the Village Board's authority to remove a member from the Board of Appeals, Planning Board or Board of Architectural Review and Historic Preservation for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 116-45 shall govern any hearing to remove a member for cause.