[HISTORY: Adopted by the Town Council of the Town of Ellicott as indicated in article histories. Amendments noted where applicable.
[Adopted 2-13-2017 by L.L. No. 2-2017]
This article shall establish residency requirements for the appointed officer(s) of the Planning Board, Zoning Board of Appeals, Board of Assessment Review and any other appointed boards or positions.
This article is adopted pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)a(1), which grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the State Legislature amended Public Officers Law § 3, adding a new Subdivision 24 expanding the residency requirements for any appointed public office within the Town of Ellicott, Chautauqua County, thereby rendering the Public Officers Law a special law with respect to any appointed Town officer. [See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37.]
This article shall supersede Town Law § 23, Subdivision 1, in its application to the officer(s) of the Planning Board, Zoning Board of Appeals, Board of Assessment Review and any other appointed boards for the Town of Ellicott.
The officer(s) of the Planning Board, Zoning Board of Appeals, Board of Assessment Review and any other appointed boards or positions in the Town of Ellicott need not be a resident(s) nor an elector(s) of the Town of Ellicott; provided, however, that such person shall reside in Chautauqua County.
All other local laws and ordinances of the Town of Ellicott that are inconsistent with the provisions of this article are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency and in all other respects this article shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this article.
If any clause, sentence, paragraph, word, section or part of this article shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take effect on February 13, 2017.