[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 21.
[Adopted 8-6-2012 by L.L. No. 2-2012]
Authorization for this article is granted under New York State General Municipal Law Article 5-G and Village Law, Article 7, § 7-741, Subdivision 4(a).
There is little argument that sharing services on a voluntary basis often makes good sense and efforts to expand the number and variety of cooperative services should be encouraged. Over the years, it has become increasingly difficult to obtain sufficient numbers of individuals willing to accept appointments to the respective Planning Boards of the Village and Town of Warsaw. The economy and efficiency of a Joint Planning Board is advantageous to both the Town and Village. The Town and the Village find that it would be in the best interests of the residents of both municipalities for a Joint Planning Board to be created pursuant to the authority cited above.
A. 
The Village of Warsaw is authorized to create, in accordance with an intermunicipal agreement with the Town of Warsaw, a Joint Planning Board consisting of seven members:
(1) 
Three of which will be appointed by the Town (from outside the Village);
(2) 
Three of which will be appointed by the Village (from inside the Village); and
(3) 
One will be appointed by the Town and the Village.
B. 
The initial appointment of representatives from the Village will be for:
(1) 
A term of one year;
(2) 
A term of three years; and
(3) 
A term of four years.
C. 
The initial appointment of representatives from the Town will be for:
(1) 
A term of two years;
(2) 
A term of four years; and
(3) 
A term of five years.
D. 
The initial appointment of the jointly appointed representative will be for:
(1) 
A term of five years.
E. 
At the expiration of each term thereafter, successors to these positions shall be appointed for terms of five years.
F. 
At the expiration of each original appointment to the Joint Planning Board, vacant Town positions will be filled through appointment by the Town, vacant Village positions will be filled through appointment by the Village, and the vacant joint position will be appointed jointly by the Village and the Town. However, in the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Planning Board.
G. 
If a vacancy shall occur in an unexpired term, appointment will be made by the respective municipality from which that member was appointed to fill the vacancy for the remainder of the unexpired term. However, if either municipality is unable to fill a vacancy from their respective political subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Planning Board.
H. 
The Mayor of the Village of Warsaw shall have the power to remove members appointed by the Village of Warsaw, subject to the provisions of § 7-718 of the Village Law of the State of New York.
Immediately following the enactment of this article, the Village of Warsaw shall enter into an intermunicipal agreement with the Town of Warsaw. All matters currently pending before the Planning Board of the Village of Warsaw shall be transferred to the Joint Planning Board.
If any part of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this article. The Village hereby declares that it would have passed this article and each section and subsection thereof irrespective of the fact that any one or more of these sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
This article and its provisions are in addition to all other applicable laws, rules and regulations.
This article shall be filed with the New York Secretary of State and shall be effective October 1, 2012.
[Adopted 8-6-2012 by L.L. No. 3-2012]
Authorization for this article is granted under New York State General Municipal Law Article 5-G and Village Law, Article 7 § 7-741, Subdivision 4(b).
There is little argument that sharing services on a voluntary basis often makes good sense and efforts to expand the number and variety of cooperative services should be encouraged. Over the years, it has become increasingly difficult to obtain sufficient numbers of individuals willing to accept appointments to the respective Zoning Boards of Appeals of the Village and Town of Warsaw. The economy and efficiency of a Joint Zoning Board of Appeals is advantageous to both the Town and Village. The Town and the Village find that it would be in the best interests of the residents of both municipalities for a Joint Zoning Board of Appeals to be created pursuant to the authority cited above.
A. 
The Village of Warsaw is authorized to create, in accordance with an intermunicipal agreement with the Town of Warsaw, a Joint Zoning Board of Appeals consisting of seven members:
(1) 
Three of which will be appointed by the Town (from outside the Village);
(2) 
Three of which will be appointed by the Village (from inside the Village); and
(3) 
One will be appointed by the Town and the Village.
B. 
The initial appointment of representatives from the Village will be for:
(1) 
A term of one year;
(2) 
A term of three years; and
(3) 
A term of four years.
C. 
The initial appointment of representatives from the Town will be for:
(1) 
A term of two years;
(2) 
A term of four years; and
(3) 
A term of five years.
D. 
The initial appointment of the jointly appointed representative will be for:
(1) 
A term of five years.
E. 
At the expiration of each term thereafter, successors to these positions shall be appointed for terms of five years.
F. 
At the expiration of each original appointment to the Joint Zoning Board of Appeals, vacant Town positions will be filled through appointment by the Town, vacant Village positions will be filled through appointment by the Village, and the vacant joint position will be appointed jointly by the Village and the Town. However, in the event either municipality is unable to fill appointments from their respective subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Zoning Board of Appeals.
G. 
If a vacancy shall occur in an unexpired term, appointment will be made by the respective municipality from which that member was appointed to fill the vacancy for the remainder of the unexpired term. However, if either municipality is unable to fill a vacancy from their respective political subdivision, both parties hereto agree to honor appointments from the Town or Village in an effort to maintain a viable Joint Zoning Board of Appeals.
H. 
The Mayor of the Village of Warsaw shall have the power to remove members appointed by the Village of Warsaw, subject to the provisions of § 7-712 of the Village Law of the State of New York.
Immediately following the enactment of this article, the Village of Warsaw shall enter into an intermunicipal agreement with the Town of Warsaw. All matters currently pending before the Zoning Board of Appeals of the Village of Warsaw shall be transferred to the Joint Zoning Board of Appeals.
All ordinances, local laws and parts thereof inconsistent with this article are hereby repealed, including, but not limited to, Local Law No. 1 of 1988.
If any part of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this article. The Village hereby declares that it would have passed this article and each section and subsection thereof irrespective of the fact that any one or more of these sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
This article and its provisions are in addition to all other applicable laws, rules and regulations.
This article shall be filed with the New York Secretary of State and shall be effective October 1, 2012.