[HISTORY: Adopted by the Town Board of the Town of Lima as
indicated in article histories. Amendments noted where applicable.]
[Adopted 9-2-2010 by L.L. No. 4-2010]
Pursuant to Articles 5-G and 5-J of the General Municipal Law
of the State of New York, the Town of Lima is authorized to abolish
the Zoning Board now exclusively serving the Town of Lima and to create,
by cooperative agreement with the Village of Lima, a joint zoning
board serving both the Town of Lima and the Village of Lima, as provided
hereinafter in this article.
Upon the effective date of this agreement, the existing Zoning
Board of the Town of Lima shall be abolished and all matters currently
pending before the Zoning Board shall be transferred to the Joint
Zoning Board serving both the Town of Lima and the Village of Lima.
The Joint Zoning Board shall have the same powers, authority, duties
and responsibilities as are set forth in the New York State Town Law
and the New York Village Law, respectively, governing the presently
separate zoning boards of the two jurisdictions. The Joint Zoning
Board shall be empowered and authorized to deal with such matters
as would heretofore have come before the separate zoning boards of
either municipality.
The Joint Zoning Board shall consist of seven members and two
alternate members, who shall be appointed and serve in the following
manner:
A.
The Town Board of the Town of Lima shall appoint four members of
the Joint Zoning Board, and the Mayor of the Village of Lima, subject
to the approval of the Village Board of Trustees shall appoint three
members of the Joint Zoning Board. It is agreed that the Town of Lima
shall be entitled to appoint one member more than the Village of Lima
in recognition of the fact that the great majority of future land
use planning and development in Lima shall take place in the Town
of Lima outside the corporate limits of the Village of Lima.
The Chairperson of the Joint Zoning Board shall be jointly and
collaboratively appointed by the Town Board and the Mayor of the Village,
with the approval of the Village Board of Trustees. The appointment
on behalf of the Village shall be made by the Mayor, subject to the
approval of the Board of Trustees. The appointment on behalf of the
Town shall be made by the Town Board. Both Town and Village Boards
must agree and consent to the appointment of the Chairperson.
Appointment of members of the Joint Zoning Board and the alternate
members shall be as follows:
A.
One member shall be appointed by each of the Town Board and the Village
Board for an initial term of one year.
B.
One member shall be appointed by each of the Town Board and the Village
Board for an initial term of two years.
C.
One member shall be appointed by each of the Town Board and the Village
Board for an initial term of three years.
D.
One member shall be appointed by the Town Board for an initial term
of four years.
E.
Upon the expiration of the initial term of any one member of the
Joint Zoning Board, the term of such member shall thereafter be for
a term or period of five years.
F.
One alternate member of the Joint Zoning Board shall be appointed
by the Town Board, and one alternate member shall be appointed by
the Mayor of the Village, with the approval of the Village Board of
Trustees. The term of appointment of the alternate members of the
Joint Zoning Board shall be for a term of two years.
The Town of Lima shall retain all fees associated with matters
brought before the Joint Zoning Board involving property located in
the Town outside of the Village boundary. The Village of Lima shall
keep all fees associated with matters brought before the Joint Zoning
Board relating to property located within the Village boundaries.
The purpose hereof is to permit separate or disparate fee or cost
schedules that may be promulgated by each municipality.
The Town of Lima and the Village of Lima will each respectively
remain separately liable to pay for all expenses associated with maintaining,
changing or amending its Code book and/or online Code.
All costs associated with maintaining the Joint Zoning Board
shall be shared equally between the Town and the Village. These costs
will be reimbursed each to the other on a biannual basis, as shall
be jointly determined by the municipalities. Such costs shall include,
but not be limited to, stipends for the Joint Zoning Board members
and compensation to the Secretary, postage, supplies, equipment and
any and all other resources reasonably necessary to carry out the
function of the Joint Zoning Board.
Both the Town and the Village will keep separate written records
of the Joint Zoning Board proceedings, including but not limited to
meeting minutes and any documents pertaining to issues within the
Joint Zoning Board's jurisdiction. These documents will be maintained
in accordance with record management guidelines. It is intended and
understood that the Town will retain records pertaining to Town applications
and Town properties, and the Village will retain records pertaining
to Village applications and Village properties, although either the
Village or the Town may choose to keep one record of all such Board
activities if it is deemed advisable to do so.
A.
All members of the Joint Zoning Board shall be required to comply
with such requirements, including training and attendance, as may
be established by the Town Board and the Village Board by resolution
or local law and as mandated by the State of New York. All members
of the Joint Zoning Board shall be required to attend at least 2/3
of the meetings of the Joint Zoning Board, and no more than two unexcused
meeting absences shall be permitted during any one calendar year.
B.
In the event that the above meeting attendance requirements are not
met by an individual Board member, said Board member shall be ineligible
to continue in membership on said Board, and upon delivery of notice
by the Board Clerk to the member so stating, that individual's
Board membership shall be terminated and that Board position shall
be deemed vacant.
The creation of a Joint Zoning Board is the result of independent
action taken by the Town Board of the Town of Lima and the Village
Board of the Village of Lima pursuant to the Intermunicipal Joint
Planning Board and Zoning Board Agreement, said agreement being duly
adopted by each said board. This agreement shall remain in full force
and effect indefinitely, until and unless such time that either the
Village or the Town notifies the other party of changes to be made
to this Intermunicipal Joint Planning Board and Zoning Board Agreement.
Notification of such proposed changes shall be made no less than 90
days prior to the change taking place, unless both the Town Board
and the Village Board freely agree to act within a shorter period.
In the event that one or both of the Village Board of Trustees
or the Town Board shall in the future elect to terminate this Intermunicipal
Joint Planning Board and Zoning Board Agreement and to resume operation
of separate zoning boards, such election must be communicated to the
other municipal board in writing, and such dissolution of the joint
board shall not take effect until one year after the receipt at a
regularly scheduled public meeting of said board of such notice of
election to dissolve the joint board(s) and to revoke this agreement.
Termination of the joint municipal Board shall not be effective or
final until each the Town Board and the Village Board of Trustees
shall have scheduled and held a noticed public hearing to consider
dissolution of the joint board, and until at least one subsequent
regular meeting of each of the Town Board and the Village Board of
Trustees shall have taken place in order to receive further public
input or comment. Thereafter, the boards would be free to take action
to dissolve the joint board or boards and to schedule resumption of
operations of a separate zoning board.
This article shall become effective within 30 days following
the filing thereof with the Secretary of State and abolition of the
separate Town and Village planning boards and separate zoning boards,
and concurrent creation of a Town and Village Joint Zoning Board and
Joint Zoning Board shall take place as of January 1, 2011.
[Adopted 4-7-2011 by L.L. No. 4-2011]
This article shall be entitled "A Local Law Requiring the Identification
of Alternate Members of the Zoning Board Authorized to Act in Matters
Before the Board." It shall modify the procedure presently applicable
to conduct of the Joint Zoning Board as to authorization of acting
alternate members serving on the Joint Zoning Board.
It is sometimes difficult to maintain a quorum on the Zoning
Board because members are ill, on extended vacation or find they have
a conflict of interest situation on a specific matter before the Board.
In such instances, official business cannot be conducted which may
delay or impede adherence to required timelines. The use of alternate
members in such instances has been authorized by the Town of Lima
since the adoption of Local Law No. 1 of 2010.[1] This article is intended to further clarify when an alternate
member shall be authorized to act in place of a regular member of
said Board.
A.
The Town of Lima hereby enacts this article to provide a process
for authorizing the active participation of an alternate member of
the Joint Zoning Board in matters before the Joint Zoning Board.
B.
The Chairperson of the Joint Zoning Board may designate an alternate
to act for a member when such member is unable to participate on an
application or matter before the Board, or if it is necessary to do
so in order to maintain a quorum of membership.
C.
The Chairperson of the Joint Zoning Board shall be required to identify
and enter into the official record of said meeting the name of the
alternate member appointed to act, the name of the regular member
for whom the alternate member is designated to act, and the subject
or issue that member is authorized to consider. For example, a Board
member may be unable to participate or act in a matter before the
Board due to a conflict of interest. In such instance, the alternate
member shall be designated to act for and in lieu of the regular member
from that time forward in consideration of the matter identified.
When so designated, the alternate member shall possess all the powers
and responsibilities of such regular member of the Board in connection
with the specific matter involving the possible conflict of interest.
However, the alternate member shall not be authorized in such instance
to replace the regular member in any other business or action before
the Board, absent another conflict or disqualification.
D.
If an alternate member is designated to act in substitution for an
absent regular Board member, the alternate member shall be authorized
to continue to act in connection with action items considered only
if the regular member has had no significant or meaningful Board involvement
in dealing with such action or agenda item. For example, a regular
Board member may be absent from a meeting due to illness or scheduled
vacation. If the regular member has been involved in consideration
of an application before the Joint Zoning Board predating the regular
member's absence, the regular member would resume his or her
active participation in considering such matter or agenda item upon
the regular member's return to Board attendance, in which instance
the alternate member's activity shall be suspended.
E.
If the alternate member is involved in the first or initial substantial
application appearance before the Joint Zoning Board, the alternate
member would continue his or her active participation in considering
such matter or agenda item upon the regular member's return to
Board attendance.
