[Adopted 7-22-1996 by L.L. No. 6-1996]
The intent of this article is to dissolve the
Zoning Board of Appeals in order to effectuate an intermunicipal cooperation
agreement between the Village of Highland Falls and Town of Highlands
to establish a Consolidated Zoning Board of Appeals (Consolidated
ZBA) serving the entire area of the Town, including the Village. Such
agreements are encouraged and authorized by Article 5-G of the General
Municipal Law and authorized by § 7-741(4) of the Village
Law.
The Zoning Board of Appeals of the Village of
Highland Falls shall be and is dissolved. All jurisdiction of the
Zoning Board of Appeals shall be assumed by the Consolidated ZBA.
The intermunicipal cooperation agreement entered
into by the Village of Highland Falls and the Town of Highlands shall
govern the jurisdiction of the Consolidated ZBA, appointment of members,
procedures and any other matters set forth therein. All requirements
and provisions set forth in an intermunicipal cooperation agreement,
which agreement may be amended from time to time, shall have the force
and effect of law.
[Amended 10-21-2013 by L.L. No. 2-2013]
The number of members of the Consolidated ZBA shall be as established and set forth in §
240-61A of this Code. The term of all members shall expire at the end of a calendar year. Appointments to the Consolidated ZBA shall be made as set forth in an intermunicipal cooperation agreement. Members of the Consolidated ZBA appointed by the Mayor or Board of Trustees may be removed for cause by the appointing authority, after public hearing. Failure to comply with minimum requirements relating to meeting attendance or training, as may be established by local law or resolution adopted by the Board of Trustees, may be considered cause for removal.
All applications pending before the Village
Zoning Board of Appeals at the time of adoption of this article and
execution of the intermunicipal cooperation agreement, whichever is
later, shall then be immediately transferred to the Consolidated ZBA
and shall be decided by the Consolidated ZBA.
The Board of Trustees of the Village of Highland
Falls hereby determines pursuant to Village Law § 3-300(2)(a)
that any member of the Consolidated Zoning Board of Appeals may reside
in the Town of Highlands outside the Village of Highland Falls.