[HISTORY: Adopted by the Board of Trustees of the Village
of Lowville 11-2-2011 by L.L. No.
9-2011. Amendments noted where applicable.]
A.
The Village of Lowville Zoning Board of Appeals shall consist of
five members and up to two alternate members; appointed by the Village
Board of Trustees.
B.
Zoning Board of Appeals members are expected to be knowledgeable
of laws, regulations and Board policies and to abide by them.
C.
Appointments.
(1)
Appointments to the Board are made by the Village Board of Trustees.
(2)
The Board consists of five voting members and may contain two alternate
members.
(3)
The term of each member is five years, with the alternate members
being appointed for a term of three years.
(4)
When there is a permanent vacancy, the Village Board of Trustees
shall appoint a person to serve for the unexpired term, as soon as
possible.
(5)
Any member of the Zoning Board of Appeals may be removed for cause
in accordance with these bylaws.
(6)
Appointees must be legal residents of the Village of Lowville when
appointed and while serving on the Zoning Board of Appeals.
D.
Zoning Board of Appeals members have an obligation to attend regular
monthly meetings and special meetings. A vacancy shall be declared
whenever a member is absent for two consecutive meetings without appropriate
excuse, or whenever a member absents himself or herself for more than
30% of the meetings in a calendar year without appropriate excuse.
E.
Payment of a set amount, determined by the Board of Trustees, will
be made for attendance of meetings. Payment is made on a bi-yearly
basis, typically January and July.
F.
Zoning Board of Appeals members shall meet the minimum annual hourly requirements and obtain certified training in accordance to the standards set by the Village Board to qualify for membership on the Board and reappointment. (See § A232-6, Training requirements.)
G.
Vacancies.
(1)
Should any vacancy occur among the members of the Zoning Board of
Appeals by reason of death, resignation, disability or otherwise,
immediate notice thereof shall be given to the appropriate Village
Clerk by the Chairperson of the Board. Should such vacancy occur among
the officers of the Board, the vacancy shall be filled by appointment
by the Village Board of Trustees as soon as possible, the officer
so elected to serve the unexpired term of the office in which such
vacancy occurred.
(2)
The Zoning Board of Appeals may make recommendations regarding the
vacancy to the Village Board of Trustees for consideration for appointment
to a vacancy. If such recommendations are made on behalf of the Zoning
Board of Appeals, appointments shall be made only after an affirmative
vote thereon. This does not prohibit individual members of the Board
from recommending individual preferences to fill vacancies.
H.
Removal.
(1)
Any member of the Zoning Board of Appeals may be removed for cause
at a meeting of the Village Board of Trustees at any time; provided,
however, that before any such removal, such member shall be given
an opportunity to respond to allegations of such cause in writing
to the Village Board of Trustees and at a hearing before said Board
as hereinafter provided. Cause for removal of a member shall include:
(2)
Notice and hearing.
(a)
A notice stipulating the reasons for removal of a Zoning Board
of Appeals member pursuant to this article shall be given to the Zoning
Board of Appeals member scheduled for removal 10 days prior to such
removal.
(b)
Removal of a Zoning Board of Appeals member from the Zoning
Board of Appeals will be effective 10 days after notice is given to
the Zoning Board of Appeals member scheduled for removal unless such
Zoning Board of Appeals member requests a hearing before a meeting
of the Village Board of Trustees to contest the removal. The request
for a hearing shall be directed to the Village Mayor and filed with
the Village Clerk.
(c)
A hearing request pursuant to this article will be held at a
special meeting of the Village Board of Trustees following such request.
The decision of the Board at said hearing will be final and effective
as of the date of the decision or 10 days after notice of the Zoning
Board of Appeals member, whichever is later.
A.
The officers shall be a Chairperson and a Vice Chairperson.
B.
The Chairperson of the Board shall be appointed by resolution of
the Village Board of Trustees from amongst the appointed members,
and such officers shall be appointed at the first meeting of the Village
Board of Trustees in January.
C.
The duties of the officers shall be as follows:
(1)
Chairperson.
(a)
To preside at all meetings.
(b)
To call special meeting in accordance with these bylaws.
(c)
To sign, together with the administrative support personnel,
all official documents of the Zoning Board of Appeals in accordance
with the requirements of these bylaws.
(d)
To see that all reports, documents, and actions of the Zoning
Board of Appeals are properly made, executed, filed or taken, as the
case may be, in accordance with law and actions and regulations of
the Zoning Board of Appeals.
(e)
To serve as liaison to the Lowville Village Board of Trustees.
(2)
Vice-Chairperson.
(a)
During the absence, disability or disqualification of the Chairperson,
the Vice Chairperson shall perform all the duties, exercise the powers
and be subject to all the responsibilities of the Chairperson.
(3)
Administrative support.
(a)
Such support may be provided by the Village Clerk's Office
or other separately hired staff at the Village Board of Trustee's
discretion.
(b)
Shall be responsible for minutes of all meetings before being
presented to the Zoning Board of Appeals for approval. Minutes shall
be type-written, signed and submitted to the Code Enforcement Office
for filing within 10 business days in accordance with New York State
law.
(c)
Assure the Zoning Board of Appeals that all notices required
by law or by the bylaws are served, posted, or advertised as required
by law.
(d)
To affix to any official document of this Zoning Board of Appeals
the official signature hereof whenever the same shall be required
by law or regulations of the Board.
(e)
Shall sign all minutes after their preparation and at the end
of each year and shall certify that all minutes of the proceeding
minutes are true and correct copy of the same.
(f)
Previous meeting minutes and proposed agenda for the future
meeting be available to Board members seven days prior to scheduled
meeting.
A.
The Administrative Support Staff shall perform such duties listed
below but not limited to:
(1)
Administrative support to the Board and its Chairperson.
(2)
Shall supervise all clerical work of the Board, including:
(a)
All correspondence of the Board.
(b)
Publishing, posting, advertising, and mailing all notices required
by law and these bylaws.
(c)
Receive all applications, petitions and related plans submitted
to the Board.
(d)
Maintain all files and indexes.
(e)
Shall cause each member to be notified of the time, date and
place for each meeting.
(f)
Shall provide each member applications, petitions, related plans
and information necessary and in accordance to law, before any regular
or special meeting of the Zoning Board of Appeals.
A.
The Village Board shall, at its discretion, appoint up to two alternate
members.
B.
Alternate members may attend all meetings and participate in the
proceedings, but may vote only when designated by the Chairperson
to sit for a member.
C.
When a member is unable to participate for any reason, the Chairperson
shall designate an alternate member to act for the regular member
until the action is decided.
D.
Alternate members shall receive the same compensation as other Zoning
Board of Appeals members for any and all meetings which require their
services as stipulated by these bylaws.
E.
Alternate members shall serve a three-year term to be staggered if
members are appointed in any one fiscal year.
A.
A schedule of Zoning Board of Appeals meetings shall be posted yearly
at the Village Municipal Building.
B.
Special meetings may be called by the Chairperson, or by any three
members, on three days' written notice to each member, or shorter
notices may be waived by a motion of a majority of the Board voting
prior to conducting any business of the Board of a special meeting.
Notification of special meetings may be supplied via electronic mail
and/or telephone.
C.
A quorum shall consist of a majority of the members who are eligible
to vote for any regular or special meeting.
D.
All members shall have equal voting rights.
E.
The following shall be the order of business of meetings of the Zoning
Board of Appeals:
(1)
Roll call.
(2)
Communications and reports.
(3)
Public hearings, if necessary.
(4)
Unfinished business.
(5)
New business.
(6)
Reading and approval of minutes of previous meetings.
(7)
Preliminary agenda for the next succeeding meeting based on unfinished
business or other items per the Chair.
(8)
Adjournment.
F.
Except where these rules and regulations otherwise provide, Robert's
Rules of Order, as revised, shall govern. All meetings shall be conducted
pursuant to the New York State Open Meetings Law; including regular,
annual and special meetings. Executive meetings shall be conducted
pursuant to § 105 of the Open Meetings Law.
G.
In the case of a referral made to the County Planning Department
in accordance with New York Law 239-m, "Extraordinary vote upon recommendation
of modification or disapproval. If such county planning agency or
regional planning council recommends modification or disapproval of
a proposed action, the referring body shall not act contrary to such
recommendation except by a vote of a majority plus one of all the
members thereof."
H.
No official business shall be conducted without a quorum present.
A quorum consists of three members, including any appointed alternates,
present and voting. It does not include anyone who cannot participate
due to a conflict of interest, as defined in these bylaws or state
or local law.
I.
To pass a motion, a majority of the full Board is required to pass
a motion, except where required by a supermajority.
J.
All applications to be reviewed must be received 10 days prior to
the scheduled meeting date.
K.
All meetings shall be adjourned no later than 10:30 p.m. except with
agreement of the majority of the Board.
L.
Work sessions.
(1)
With approval of the majority of the Board, work sessions may be
called to consider amendments to the Comprehensive Plan, Zoning Ordinance,
Site Plan and Subdivision Regulations, bylaws and other items related
to the Zoning Board of Appeals' activities.
(2)
Work sessions shall be open to the public. The public is not permitted
to address the Board at work sessions except with permission of the
Board.
A.
The Village Board of Trustees have enacted by resolution New York
State training required by Chapter 662 of the Laws of 2006 which shall
include:
(1)
Training is or may be provided by a municipality, county planning
office, state agency, college, or other similar entity by, but not
limited to, electronic media, video, distance learning or classroom
training or other such training as approved by the Village Board of
Trustees.
(2)
Shall require that Zoning Board of Appeals members appointed by the
Lowville Village Board of Trustees shall complete a minimum of four
hours of training each year.
A.
Any application, petition, plan or request brought before the Zoning
Board of Appeals action pursuant to any rule, ordinance or regulation
shall state the name and nature of interest of any Board member, municipal
officer or employee herein as defined in § 809, Article
18 of General Municipal Law, Chapter 646 of the Consolidated Laws
of New York State. Any member of the Zoning Board of Appeals, having
such interest in any matter brought before the Board, shall recuse
him or herself from any consideration, discussion or vote on such
matters. Such recusal shall be noted in the minutes by the Chairperson
or administrative support personnel, who shall note that no vote was
cast by such member, or no further information was provided to that
member on said matter.
The fiscal year shall be the same as the Village fiscal year
(beginning June 1).
These rules and regulations of organization and procedure may
be amended at any regular or special meeting at which a quorum of
the Board is present and consent thereto, or at any regular or special
meeting of which at least 10 days' written notice has been given
to the members, which shall contain the proposed amendment to be voted
upon.