[HISTORY: Adopted by the Board of Trustees of the Village
of West Hampton Dunes as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 560.
[Adopted 10-22-1997 by L.L. No. 1-1997]
Pursuant to § 10 of the Municipal Home Rule Law and
§ 2-250 of the Village Law of the State of New York, the
Village of West Hampton Dunes, County of Suffolk, and State of New
York, hereby enacts as Local Law No. 1 of 1997, this article entitled
"Local Law No. 1 of 1997, a Local Law Amending and Establishing the
Public Hearing Requirement of Hearings and Meetings of the Zoning
Board of Appeals of the Incorporated Village of West Hampton Dunes."
This article establishes a local law for the purpose of establishing
and amending the public hearing and notification period of the Zoning
Board of Appeals of the Village of West Hampton Dunes:
A.
To promote in the public interest uniform rules and regulations as
to the conduct of the hearings and meetings of the Zoning Board of
Appeals and the public notice required thereunder.
B.
To provide for the welfare of the residents of the Village and the
visitors to the Village, and to provide for safe conditions and enhance
property values in the Village.
The zoning law of the Village of West Hampton Dunes and the
required period of prior notification or of publication of the conduct
of a hearing or meeting of the Zoning Board of Appeals shall be reduced
to five days. All required public notices, whether by publication
or otherwise, or written notifications to adjacent property owners,
shall be made not less than five days prior to the date of the hearing.
A.
The amendment of the notification period of hearings and meetings
of the Zoning Board of Appeals shall not in any way amend, change,
or effect any other notice or other period set forth in any Village
local or state law. The Zoning Board of Appeals reserves the right,
if deemed appropriate, to require a longer notification period of
any applicant.
B.
The Village reserves the right to enforcement of this article or
to stop the violation of this article by civil remedies, which shall
not be exclusive, and shall not, in the event that same are enforced,
preclude the imposition of criminal fines and or sanctions.
C.
The Village reserves the right to commence an action against a party
acting in violation of this article by canceling, terminating, or
taking such other action as may be appropriate with respect to any
approval obtained or applied for as a result of this article.
[Adopted 8-16-2003 by L.L. No. 6-2003]
This article shall be entitled "Local Law of 2003 Creating the
Position of Alternate Members for the Zoning Board of Appeals of the
Village of West Hampton Dunes."
This article is hereby enacted, pursuant to Article 7 of the
Village Law, § 10 of the Municipal Home Rule Law, the General
Municipal Law, and the Village Law of the State of New York, by the
Incorporated Village of West Hampton Dunes, County of Suffolk, and
State of New York.
The purpose and intent of this article is to create and provide
for the position of two alternate members on the Zoning Board of Appeals
of the Village of West Hampton Dunes in order to ensure and assist
with the expeditious operation of the Zoning Board of Appeals of the
Village.
A.
Creation of position. There shall hereby be created the position
of alternate member of which there shall be two alternate members
for the Zoning Board of Appeals of the Village of West Hampton Dunes.
B.
Qualifications of alternate members. The qualifications of an alternate
member shall be the same as for any other member of the Board on which
that alternate member is sitting.
C.
Duties and obligations. The duties and obligations of an alternate
member shall be the same as for every other member of the Zoning Board
of Appeals, including but not limited to regular attendance at meetings
of that Board.
The term of each of the alternate members of the Zoning Board
of Appeals shall be for five years, and the initial appointments of
alternate members shall be of a term to end on the last day of an
administrative year of the Village so as not to exceed five years
in length.
The alternate members shall be appointed by the Mayor of the
Village of West Hampton Dunes, and the appointment shall be approved
by the Board of Trustees of the Village of West Hampton Dunes.
Each of the alternate members may participate in the place of
any member of the Zoning Board of Appeals when a member of the Board
is either not participating in an application due to a conflict of
interest, the reason for which has been stated to the Board in public,
and also when a member of the Board is not in attendance due to absence.
It shall be within the sole discretion of the Chairman of the
Zoning Board of Appeals as to whether an alternate member to that
Board shall participate and continue to participate in any particular
application once a member of that Board has either indicated a conflict
of interest or is absent at a hearing or meeting or at a subsequent
hearing or meeting on that application.
