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Town of Lockport, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Lockport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
[Adopted 8-8-2001 by L.L. 8-2001]
It is hereby determined that it is in the best interest of the Town of Lockport that an alternate member position be established for the Town of Lockport Zoning Board of Appeals because of the necessity for acting expeditiously on matters pending before the Board; to enhance the ability to establish a quorum; to enable full five-member Board participation in decisions whenever possible; to attract quality Board members without preventing public service because of travel commitments, vacations, sickness and possible conflicts; and to provide for greater flexibility in the scheduling of meetings.
This article is enacted pursuant to the authority set forth in the Municipal Home Rule Law § 10, Subdivision 1(ii)a(1) and 1(ii)d(3), and Town Law § 267, Subdivision 11. To the extent that any provision of this article is inconsistent with any other Town Law, including § 267, Subdivision 11, such law is expressly superseded by the provisions of this article. It is the intent of this article to increase and set forth additional reasons for participation by an alternate Board member in decisions than are set forth in Town Law § 267, Subdivision 11.
The Town Board of the Town of Lockport does hereby establish the position of alternate Zoning Board of Appeals member. There shall be one such member.
The alternate Zoning Board of Appeals member shall substitute for any member of the Zoning Board of Appeals in the event such member does not attend or participate because of:
A. 
A conflict of interest.
B. 
Personal illness.
C. 
Family illness.
D. 
Vacation.
E. 
Family and professional obligations.
F. 
Failure to attend a scheduled meeting for any reason.
The alternate member of the Zoning Board of Appeals shall be entitled to attend all meetings of the Zoning Board of Appeals to sit with the Board; provided, however, that the alternate shall only participate by substituting for a member where a regular member of the Zoning Board of Appeals does not participate for one of the reasons set forth in § 50-4 above. The alternate member shall receive the same compensation as regular members of the Board for every meeting attended, whether or not the alternate member actually participates.
The alternate member of the Zoning Board of Appeals shall be appointed by resolution of the Town Board for a term of five years commencing January 1, 2002, provided that a member may be appointed by the Town Board upon adoption of this article for a term commencing on the date of appointment and terminating December 31, 2001.
The Chairperson of the Zoning Board of Appeals shall designate the alternate member to substitute for a member when such member does not participate for reasons set forth in § 50-4 above. When so designated, the alternate member shall possess all of the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. In the case of a substitution for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board, such designation shall carry forward until such matter is finally resolved for that matter. In all other cases, the designation shall take place during the meeting or meetings at which any member is absent.
[Adopted 7-12-2006 by L.L. No. 4-2006]
The Zoning Board of Appeals, as heretofore established, shall continue in effect and shall consist of five members plus one alternate member (as established in Article I). The Zoning Board of Appeals shall have all the powers and duties as established by this article, the Lockport Town Code, and New York State Town Law. The compensation of the members of the Zoning Board of Appeals shall be established, from time to time, by resolution of the Town Board.
[1]
Editor's Note: Former § 50-9, Training and education, was repealed 10-3-2007 by L.L. No. 3-2007.
Members are expected to attend meetings of the Zoning Board of Appeals; any member who, without prior approval of the Chairman, fails to attend 3/4 of the meetings in any calendar year or misses more than three consecutive meetings shall be subject to removal in accordance with Town Law § 267, Subdivision 9.