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 ZBA shall consist of five members appointed by the Town
or Village Board. The members of the ZBA as now constituted shall
continue in office until the expiration of their present terms. Thereafter,
their successors shall be appointed for terms of five years each.
Vacancies shall be filled as provided for in the New York State Town
and 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.
In accordance with § 7-712 of Village Law, there shall
be a maximum of two alternate Zoning Board of Appeals members who
shall be appointed by the Mayor, subject to the approval of the Village
Board, for terms established by the Village Board. Alternate Zoning
Board of Appeals members shall substitute for Zoning Board of Appeals
members in the event any such member is unable to participate in a
matter or application before the Zoning Board of Appeals due to illness,
absence or a conflict of interest. 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. 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.
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.