HomeMy WebLinkAbout1994 #2NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. ]Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
C6 ki h YSK
e1Ty of ..........Groton
.........................................................................................
Town
94
Local Law No. ............. ....................................... of the year 19 ........
A local 1 a w .estab 1, i sh irx�.. mi n i mun attendance and continuing education requ i rerrlents for maters of the Town
...........................
(Insert Title) of Groton Board OT �Loning Appeals and�pl�anning Board:
Be it enacted by the Town Board ...........................of the
................................................................................................................
(Name of Legislative Body)
eshfity
coxof.....G.rQ:Qn................................................................................................................................ as follows:
Town
s
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
SECTION 1. Purpose and Authoritv: The purpose of this Local Law
is to provide standards of minimum attendance by members of the
Town of Groton Planning Board and Town of Groton Zoning Board of
Appeals at meetings and hearings of said boards, and to establish
minimum training and continuing education requirements for said
members. This local law is enacted under the authority of Town Law
sections 267 ( 2 ) and ( 9 ) and 271 (1) and ( 9) .
SECTION 2. Minimum Attendance Requirements (Meetincrs) Members of
the Planning Board and Zoning Board of Appeals are required to
attend all regularly scheduled and special meetings of said boards.
In the event that a member of either of said board is absent from
three (3) consecutive meetings, or in the event that a member of
either board is absent from four ( 4 ) meetings within any one (1)
calendar year, then such member may be removed from the board as
provided herein.
SECTION 3. Minimum Attendance Recruirements (Continuing Education)
Members of the Planning Board and Zoning Board of Appeals are
required to attend at least one (1) seminar, workshop or continuing
education course during any calendar year in which a person is a
member of either board. Members of either board shall request and
receive approval from the Town Board with respect to the seminar,
workshop or continuing education course the member desires to
attend. The seminar, workshop or continuing education course shall
be reasonably related to assisting the member carry out his/her
board duties. The costs of such seminars, workshops or continuing
education courses shall be paid for by the Town. Board members
shall also be reimbursed for travel and meal expenses in accord
with policies established by the Town Board. In the event that a
member of either board does not attend at least one (1) seminar,
workshop or continuing education course during a calendar year,
then such member may be removed from the board as provided herein.
SECTION 4. Procedure For Removal: In the event that a member of
either the Planning Board or Zoning Board of Appeals has failed to
meet the minimum attendance requirements as provided for in this
Local Law, the Town Board may remove such member from the board
he/she is serving on in the following manner:
(a . ) Notice: Such member shall receive by certified or
registered mail, written notice specifying the nature of his/her
alleged failure of to meet the minimum attendance requirements.
(b . ) Public Hearincr : Said written notice shall specify
a date, not less than ten (10 ) nor more than thirty ( 3 0 ) days from
the date of mailing of said notice, indicating when the Town Board
shall meet and hold a public hearing regarding whether the member
should be removed from the board he/she is serving on. The written
notice shall also state the time and location of the public
hearing.
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(c.) Public Notice: Public notice of said public
hearing shall be given by posting a notice indicating the nature of
the hearing on the signboard located at the Groton Town Hall and by
publishing the same notice at least once in the Town's official
newspaper. The posting and publication of said notice shall be
completed at least ten (10) days prior to the date of the public
hearing.
(d.) Conduct of Hearinq: The public hearing shall be
conducted before the Town Board. The member shall be given an
opportunity to present evidence and to call witnesses on his/her
behalf to refute the allegations that he/she has not complied with
the minimum attendance requirements. A record of said public
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 the allegations that the member has not
complied with the minimum attendance requirements. A copy of said
decision and findings shall be sent to the member by registered or
certif ied mail within ten (10 ) days from the date of the public
hearing.
(e . ) Action by Town Board: Following the public hearing
and upon the finding that a member has not met the minimum
attendance requirements as established by this Local Law, the Town
Board may:
(i) Remove such member from the Planning Board or
Board of Zoning Appeals; or
(ii) If the Town Board shall find that the reasons
for failing to meet the minimum attendance
requirements are excusable because of illness,
injury or other good and sufficient cause, the
Town Board may elect to take no action.
SECTION 5. Leave of Absence,: The minimum attendance requirements
established by this Local Law shall not apply to a member of the
Planning Board or Zoning Board of Appeals who has applied for and
has been granted a leave of absence by the Town Board from his/her
duties as a board member. A request by a member for a leave of
absence shall be made in writing to the Town Board and the Town
Board shall notify the member of its approval or denial of the
request in writing. The Town Board may grant such a leave of
absence on such terms and for such time period as it may deem
appropriate, however, no such leave of absence shall be for a
period in excess of nine (9) months.
SECTION 6. Applicability of Local Law: This Local Law shall apply
to all members of the Town of Groton Planning Board and Town of
Groton Zoning Board of Appeals regardless of the date of their
appointment to either of said board. Prospective members of either
the Planning Board or Zoning Board of Appeals shall be notified of
K
the requirements of this Local Law prior to their appointment to
either board.
SECTION i. Separability: If any part of this Local Law or the
application thereof to any person or circumstance be adjudged
invalid by any Court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or
application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair
the validity of the remainder of this Local Law or the application
thereof to other persons and circumstances, and the Town Board of
the Town of Groton hereby declares that it would have passed this
Local Law or the remainder thereof as such invalid application or
invalid provision been apparent.
SECTION 8. Repeal: All Ordinances, Local Laws and parts thereof
inconsistent with this Local Law are hereby repealed.
SECTION 9. Effective Date: This Local Law shall take effect
immediately upon filing in the office of the Secretary of State in
accordance with section twenty-seven of the Municipal Home Rule
Law.
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i � -__ � ,. .� .:a• '''.ick...
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 199 4
of the (00VXtp)(&Db:c)(Town)(XqUac ) of Groton was duly passed by the
Town Board on June 13 19 94, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body) on 19 and was (approved)(not disapproved)(repassed after
disapproval) by the and was deemed duly adopted on 19
(Elective Chief Executive Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local lav annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(risme of Legislative Body)
disapproval) by the on 19 Such local Iaw was
(Elective Chief Executive Officer*)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 in accordance with the applicable provisions of law. r
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative -Body)
disapproval) by the on 19 Such local law was subject to
(Elective Chief Executive Officer')
permissive referendum and no valid petition requesting such referendum was filed as of 19 ,
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
�5)
• � i :�: �� ...?.mac: �ili�{*' �S"i+,'�'�f•�::, _ .... ., e � . - . .. .. . , . .
•. 5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19 , became operative. ..
6• (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No, of 19
of the County of , State of New York, having been submitted co
the electors at the General Election of November 19, pursuant to subdivisions S and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
(/-, 16
,i
Clerk of t e County egislative body, City, Town or 11 age Jerk
or officer designated by local legilsative body
Date:
Pvt
(Certification to be executed by County Attorney, Corporation CounseI, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Cortland
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
roceedings have been had or taken for the enactment of the local law annexed hereto.
F i tzgeraj.�, Taylor,. Pomer y & Armstrong
BY
Signature and s J. Casul 10
Town Attorney
Title
CMA"
M# of Groton
Town
y
Date: Q"
( 6 ) �;/'