[HISTORY: Adopted by the Town Board of the Town of Halfmoon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
[Adopted 5-18-2004 by L.L. No. 6-2004]
This article shall be known and may be cited as Local Law No. 6-2004 amending the Zoning Ordinance of the Town of Halfmoon so as to establish the position of alternate member for the Zoning Board of Appeals of the Town of Halfmoon. This article is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board pursuant to § 10 of the NYS Municipal Home Rule Law to supersede the provisions of § 271 of the Town Law relating to the appointment of members to the Town Zoning Board of Appeals.
Local Law No. 5-1995 of the Town of Halfmoon, entitled "Local Law Relating to Zoning for the Town of Halfmoon," as previously amended and supplemented, is further amended by amending the duties for the position of alternate member for the Zoning Board of Appeals of the Town of Halfmoon.
The alternate Zoning Board of Appeals member shall be appointed by the Town Board for a period of two years to expire at the end of the second calendar year in which he or she was appointed. The Town Board shall appoint two alternate members to the Zoning Board of Appeals.
The Chairperson of the Zoning Board of Appeals may designate that an alternate member of the Zoning Board of Appeals will substitute for a member of the Zoning Board of Appeals when a regular member is absent or unable to participate on an application or matter before the Zoning Board of Appeals. The Chairperson of the Zoning Board of Appeals shall rotate service of the alternate members when practicable. When so designated, the alternate member shall possess all 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.
The alternate member shall be subject for removal, after public hearing, should he or she fail to attend more than five Zoning Board of Appeals meetings when his or her attendance was specifically requested at the meeting by the Chairman or five Zoning Board of Appeals meetings during which he or she has been designated by the Chairman as a substitute for a Zoning Board of Appeals member.