Establishment. For the purpose of promoting the health, safety, morals,
or the general welfare of the community, the Town Board is hereby
empowered under New York State Town and the Village Board is hereby
empowered under New York State Village Law to regulate and administer
the provisions of this Zoning Ordinance.
Membership, appropriations and terms. The Planning Board's composition,
appropriations, terms, vacancies, removals, and appointments shall
be in accordance with New York State Town and Village Law.
General authority. The Planning Board may exercise additional
powers as directed by the Town or Village Board and as may be described
elsewhere in this chapter and as permitted by New York State Town
or Village Law.
The Clerk of the ZBA shall perform such duties as required by
it. The Town or Village Board may appoint additional clerks or other
employees serving at its pleasure to assist the ZBA.
Subdivision 11 of Section 267 of Town Law is hereby amended and superseded
with regard to the appointment of alternate members of the Zoning
Board of Appeals. There shall be two alternate Zoning Board of Appeals
members who shall be appointed by resolution of the Town Board for
terms established by the Town Board. Alternate Zoning Board of Appeals
members shall substitute for a Zoning Board of Appeals member or members
in the event any such member is or members are unable to participate
in a matter or application before the Zoning Board of Appeals where
illness, absence or a conflict of interest would otherwise prevent
five members of the Zoning Board of Appeals from considering any pending
matter. The Chairperson of the Zoning Board of Appeals is authorized
to designate an alternate Zoning Board of Appeals member for a member
who is unable to participate in an application or matter before the
Zoning Board of Appeals because of an illness, absence or conflict
of interest. When so designated, an alternate Zoning Board of Appeals
member shall possess all of the powers and responsibilities of a member
of the Zoning Board of Appeals.
[Added 8-10-2011 by L.L.
No. 9-2011; amended 3-17-2017 by L.L. No. 2-2017]
The Chair of the ZBA or, in the Chair's absence, the Acting
Chair, may administer oaths and compel the attendance of witnesses
in the manner and to the extent permitted by New York State Town and
Village Law and the Civil Practice Law and Rules.
Hearings shall be public, and decisions shall be voted upon
at public sessions. The ZBA may otherwise hold executive sessions
in accordance with the New York State Open Meetings Law.[1]
General authority. The ZBA may exercise additional powers as
directed by the Town or Village Board and as may be described elsewhere
in this chapter and as permitted by New York State law.