HomeMy WebLinkAbout2021_4_13_Local_Law_No_6
Local Law No. 6 - 2021
This local law shall be known as the “Supersession of Sections 267 (7-a) and 271
(7-a) of the New York Town Law in the Town of Mamaroneck” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 – Purpose.
The Town Board concludes that the state requirement of four hours of training
per year for seasoned members of the Board of Appeals and the Planning Board is more
than necessary and that a lesser requirement will allow such members to remain
schooled in the changes in and the updates to the laws on land use.
Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck.
Section 240-89 A of the Code of the Town of Mamaroneck hereby is repealed and
the following substituted in its place:
“Supersession.
“(1) Portions of section 267 (11) of the New York Town Law hereby are
superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are
new matter added thereto. Section 267 (11) of the New York Town Law, as superseded
below, shall apply in the Town of Mamaroneck.
"Section 267
11. Alternate members. (a) A town board may, by local law or
ordinance, or as a part of the local law or ordinance, or as part of the
local law or ordinance creating the \[zoning\] board of appeals,
establish alternate \[zoning\] board of appeals member positions for
purposes of substituting for a regular member in the event such
member is absent or is unable to participate because of a conflict of
interest. Alternate members of the \[zoning\] board of appeals shall be
appointed by resolution of the town board, for terms established by
the town board.
(b) The chairperson of the \[zoning\] board of appeals \[may\] shall
designate \[an\] the alternate member to substitute for a regular
member when such member is absent or is unable to participate
because of a conflict of interest \[on\] with respect to a\[n application
or\] matter before the board. The town board shall establish the
procedure for making that designation. When \[so designated, the\] an
alternate member sits in the place of a regular member, the alternate
member shall possess all the powers and responsibilities of such
1
regular member of the board. Such designation shall be entered into
the minutes of the \[initial zoning\] board of appeals meeting at which
the substitution is made.
(c) All provisions of this section relating to \[zoning\] board of appeals
member training and continuing education, attendance, conflict of
interest, compensation, eligibility, vacancy in office, removal, and
service on other boards, shall also apply to alternate members."
“(2) Portions of section 267 (7-a) of the New York Town Law hereby are
superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are
new matter added thereto. Section 267 (7-a) of the New York Town Law, as superseded
below, shall apply in the Town of Mamaroneck.
“Section 267
7-a. Training and attendance requirements. (a) Each member of the
board of appeals who has not served on the board of appeals or the
planning board for at least sixty (60) months shall complete, at a
minimum, four hours of training each year \[designed to enable such
members to more effectively carry out their duties\]. Each member of
the board of appeals who has served on the board of appeals or the planning
board for at least sixty-one (61) months shall complete, at a minimum, two
hours of training each year. Such training must be in areas designed to
enable such members to more effectively carry out their duties. \[Training
received by a member in excess of four hours in any one year may
be carried over by the member into succeeding years in order to
meet the requirements of this subdivision.\] Such training shall be
approved by the town board and may include, but not be limited
to, training provided by a municipality, regional or county
planning office or commission, county planning federation, state
agency, statewide municipal association, college or other similar
entity. Training may be provided in a variety of formats, including
but not limited to, electronic media, video, distance learning and
traditional classroom training.”
“(3) On a regular basis during the course of the year, members of the board of
appeals shall provide the Town Clerk with copies of the certifications of attendance
received by them from providers of training, or such other proof as may be available
that indicates the type of training the members have received during the year. On or
about October 1 of each year, the Town Clerk shall send a notice to each member of the
board of appeals showing the number of hours of training that such member has
reported for that year and the number of hours of training, if any, that such member
must complete before December 31 of that year.
2
“(4) On or about December 1 of each year, the Town Clerk shall submit to
the Town Board a list of the names of each member of board of appeals and the
number of hours of training for that year that each member has reported to the
Town Clerk.”
Section 3 - Amendment to an Existing Section of the Code of the Town of Mamaroneck.
Section 240-95 A of the Code of the Town of Mamaroneck hereby is repealed and
the following substituted in its place:
“Supersession.
“(1) Portions of section 271 (15) of the New York Town Law hereby are
superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are
new matter added thereto. Section 271 (15) of the New York Town Law, as superseded
below, shall apply in the Town of Mamaroneck.
“Section 271
15. Alternate members. a. A town board may, by local law or ordinance,
or as part of the local law or ordinance creating the planning board,
establish alternate planning board member positions for purposes of
substituting for a regular member in the event such member is absent or is
unable to participate because of a conflict of interest. Alternate members
of the planning board shall be appointed by resolution of the town board,
for terms established by the town board.
b. The chairperson of the planning board \[may\] shall designate \[an\] the
alternate member to substitute for a regular member when such member is
absent or is unable to participate because of a conflict of interest \[on\] with
respect to a\[n application or\] matter before the board. The town board shall
establish the procedure for making that designation. When \[so designated
the\] an alternate member sits in place of a regular member, the alternate
member shall possess all the powers and responsibilities of such regular
member of the board. Such designation shall be entered into the minutes
of the \[initial\] planning board meeting at which the substitution is made.
c. All provisions of this section relating to planning board member
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal, and service on other
boards, shall also apply to alternate members."
“(2) Portions of section 271 (7-a) of the New York Town Law hereby are
superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are
3
new matter added thereto. Section 271 (7-a) of the New York Town Law, as superseded
below, shall apply in the Town of Mamaroneck.
“Section 271
7-a. Training and attendance requirements. a. Each member of the
planning board who has not served on the board of appeals or the
planning board for at least sixty (60) months shall complete, at a
minimum, four hours of training each year \[designed to enable such
members to more effectively carry out their duties\]. Each member of
the planning board who has served on the board of appeals or the planning
board for at least sixty-one (61) months shall complete, at a minimum, two
hours of training each year. Such training must be in areas designed to
enable such members to more effectively carry out their duties. \[Training
received by a member in any one year may be carried over by the
member into succeeding years in order to meet the requirements of
this subdivision.\] Such training shall be approved by the town
board and may include, but not be limited to, training provided by
a municipality, regional or county planning office or commission,
county planning federation, state agency, statewide municipal
association, college or other similar entity. Training may be
provided in a variety of formats, including but not limited to,
electronic media, video, distance learning and traditional classroom
training.”
“(3) On a regular basis during the course of the year, members of the planning
board shall provide the Town Clerk with copies of the certifications of attendance
received by them from providers of training, or such other proof as may be available
that indicates the type of training the members have received during the year. On or
about October 1 of each year, the Town Clerk shall send a notice to each member of the
planning board showing the number of hours of training that such member has reported
for that year and the number of hours of training, if any, that such member must
complete before December 31 of that year.
“(4) On or about December 1 of each year, the Town Clerk shall submit to the
Town Board a list of the names of each member of the planning board and the number
of hours of training for that year that each member has reported to the Town Clerk.”
Section 4 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity
shall not affect any other provisions of this Local Law, which may be implemented
without the invalid or unconstitutional provisions.
4
Section 5 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
5