[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor 6-4-2024 by L.L. No. 8-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 61, Zoning Board of Appeals, adopted 2-3-1966 by L.L. No. 1-1966.
As used in this subsection, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Village Board of Trustees to serve on the Village of Briarcliff Manor Board of Appeals when a regular member has recused himself or herself or is otherwise precluded from consideration of a matter before such Board or is absent or otherwise unable to participate at a meeting of the Board.
MEMBER
An individual appointed by the Village Board of Trustees to serve on the Village of Briarcliff Manor Board of Appeals.
ZONING BOARD OF APPEALS ("ZBA")
The Zoning Board of Appeals of the Village of Briarcliff Manor.
The Board of Trustees shall appoint a Zoning Board of Appeals consisting of five members and shall designate its Chairman. The members of such ZBA shall continue in office for terms of five years and until their successors have been appointed as herein provided and have qualified. Of the members of such Board first appointed after March 1, 1966, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years, from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the terms of their predecessors in office.
Attendance of members at meetings. If a member must miss a meeting, she or he shall provide written notification to the Chair in advance of such missed meeting or as soon thereafter as is reasonably practicable, and such member shall be recorded as "excused" for the meeting missed. In the event that a member is absent for three meetings in any one official Village year or without excuse for two consecutive meetings, the Chair shall notify the Board of Trustees in writing, and the member may be deemed by the Board of Trustees to have resigned from the Board, and a replacement may be appointed for the balance of the term outstanding.
A. 
Purpose. This alternate Board of Appeals member subsection shall apply to appointment, terms, functions and powers of alternate members appointed to serve on the Board of Appeals of the Village of Briarcliff Manor.
B. 
Declaration of policy. As a result of recusals by Board members or other reasons which may keep a member of the Board of Appeals from participating in the consideration of a specific matter before such Board, official business may not always be able to be conducted and may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this subsection.
C. 
Authorization. This subsection provides a process for appointing one alternate member to the Board of Appeals to serve when a member has recused himself or herself or is otherwise precluded from consideration of a matter or is absent or otherwise unable to participate at a meeting of the Board.
(1) 
The alternate member shall be appointed by the Board of Trustees for a term of one year.
(2) 
An alternate member shall have all of the rights, privileges, and responsibilities of a member of the Board of Appeals. When an alternate member is voting or counting toward the calculation or composition of a quorum, that circumstance shall be noted in the minutes of the Board meeting.
(3) 
All provisions of state law relating to Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provision of a local law relating to Board of Appeals members, shall also apply to alternate members.
(4) 
An alternate member shall attend meetings of the Board of Appeals, including work sessions, regular meetings, and executive sessions, shall sit with and participate in all deliberations of the Board on all matters, and shall substitute for a member who has recused himself or herself or is otherwise precluded from consideration of a matter or is absent or otherwise unable to participate at a meeting of the Board, but an alternate member shall not vote or count towards the calculation or composition of a quorum unless he or she is substituting for a member and has attended all the meetings held on any matter, or otherwise makes an informed decision based on sufficient knowledge of the matter at hand.
If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Board of Trustees by appointment for the unexpired term.
The Board of Trustees shall have the power to remove any member of the Board for cause and after public hearing.
A. 
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.
B. 
All meetings of such Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.