[Amended 11-8-2011 by L.L. No. 4-2011]
The Planning Board of the Village of Hilton is hereby abolished.
Except as specifically set forth to the contrary in this Village Code,
any responsibilities or authorities formerly vested in the Planning
Board shall be vested in the Village Board of Trustees.
[Amended 2-6-1978 by L.L. No. 2-1978; 7-12-1982 by L.L. No.
2-1982; 11-8-2011 by L.L. No. 7-2012]
A. Pursuant to the provisions of the Village Law, a Zoning Board of
Appeals is hereby created. Said Board shall consist of five members,
who shall be appointed by the Village Board in such manner and for
five-year terms as provided by the Village Law and any amendments
thereto, and shall have all the powers and perform all the duties
prescribed by statute and by this chapter.
B. For the purpose of initiating a Zoning Board of Appeals under this
chapter, the normal continuance of the Zoning Board of Appeals is
established. The Zoning Board of Appeals shall hear and decide appeals
where it is alleged that there is an error or misinterpretation in
any order, requirement, decision or determination by an administrative
official charged with the enforcement of the provisions of this chapter.
The Zoning Board of Appeals may reverse, modify, affirm, in whole
or in part, any such appealed order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as, in its opinion, ought to be made in strictly applying and interpreting
the provisions of this chapter, and for such purposes shall have all
the powers of the officer from whom the appeal is taken.
C. In addition, pursuant to the provisions of the Village Law and Municipal
Home Rule Law, the Mayor, subject to the approval of the Village Board
of Trustees, may appoint up to two alternate Zoning Board of Appeals
members, for purposes of substituting for a member in the event such
member is unable to participate because of a conflict of interest,
illness, absence, or is otherwise unable to serve.
D. Upon the appointment of each alternate member, each alternate member
shall serve an initial term, which shall expire at the end of the
official year (to wit: March 31) next following such appointment,
at which time such initial term shall expire. Thereafter, such alternate
members, or any replacement for such alternate members, shall serve
a term of two years, beginning on the first day of April following
the expiration of the prior term and expiring on the last day of March
two years thereafter. Upon the appointment of a second alternate member,
said second alternate member shall serve an initial term to expire
one year following the expiration of the then-current term of the
first alternate member, and thereafter, such second alternate member,
or any replacement for such second alternate member, shall serve a
term of two years, beginning on the first day of April following the
expiration of the prior term and expiring on the last day of March
two years thereafter. It being the intention that, upon the appointment
of two alternate members, the terms of the two alternate members shall
expire on March 31, at the end of the official year, in alternating
years.
E. If a vacancy shall occur for reasons other than the expiration of
a term, such vacancy shall be filled by appointment of the Mayor for
the unexpired term, subject to the approval of the Village Board of
Trustees. If a term shall expire or if a vacancy shall otherwise occur
and an appointment to fill such vacancy has not been made within 30
days thereafter, said position shall cease, subject to future appointment
pursuant to this section. If two alternate members have been appointed
and if the position of the first alternate member shall cease as set
forth above, the then-serving second alternate member shall be deemed
the first alternate member for purposes of determining the term of
a subsequently appointed alternate member pursuant to this section.
F. The Chairperson of the Zoning Board of Appeals shall designate an
alternate member to substitute for a member in the consideration of
any pending matter when such member is unable to participate as set
forth herein, and such designation shall be entered into the minutes
of the initial Zoning Board of Appeals meeting at which the substitution
is made. When so designated, the alternate member shall possess all
the powers and responsibilities of such member of the Board until
such matter is concluded. Alternate members of the Zoning Board of
Appeals may attend all meetings of the Zoning Board of Appeals, but
they shall have no power to participate in any actions of the Zoning
Board of Appeals except as so designated by the chairperson. All provisions
of the Village Law relating to Zoning Board of Appeals member training,
continuing education, attendance, conflict of interest, compensation,
eligibility, vacancy in office, removal and service on other boards
shall also apply to alternate members.