[HISTORY: Adopted by the Town Board of the Town of South Bristol
8-10-1992 as L.L. No. 1-1992. Amendments noted where applicable.]
The Town Board of the Town of South Bristol, County of Ontario, State
of New York, hereby creates a Board of Appeals to consist of five (5) regular
members and two (2) alternate members. The members and alternate members and
the Chairperson of such Board of Appeals shall be named by resolution of the
Town Board. The Town Board may provide for compensation to be paid to experts,
clerks and a secretary and provide for such other expenses as may be necessary
and proper, not exceeding the appropriation made by the Town Board for such
purpose.
The terms of appointment for all members now holding office shall be
for the term as established in the resolution appointing such members. Upon
expiration of existing terms, all reappointed members or newly appointed members
shall hold office for a period of five (5) years.
Alternate members shall be designated at the time of appointment by
the Town Board as Alternate No. 1 and Alternate No. 2. The initial term of
office of Alternate No. 1 shall be for five (5) years and the initial term
of office for Alternate No. 2 shall be three (3) years. Upon expiration of
such initial terms, the successive terms shall be for five (5) years.
No regular members or alternate members shall hold elective office in
the Town of South Bristol. No member or alternate member of the Board of Appeals
shall be permitted to act on any matter in which he or she has either directly
or indirectly any personal or financial interest.
Alternate members may participate in discussion of the proceedings but
may not vote except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote instead
of an alternate member. In the event that a choice must be made as to which
alternate member is to vote, Alternate No. 1 shall vote. No more than five
(5) votes shall be cast for any matter. In the event that one (1) or more
alternate members shall be necessary to create a Board of five (5) members
for any application, the absent regular member(s) shall not thereafter vote
in any manner with respect to that application.
The foregoing provisions shall, where applicable, specifically amend
§ 267 of the Town Law of the State of New York. Where not so amended,
§ 267 shall remain in full force and effect.
