Establishment. For the purpose of promoting the health, safety, morals,
or the general welfare of the community, the Town Board is hereby
empowered under New York State Town and the Village Board is hereby
empowered under New York State Village Law to regulate and administer
the provisions of this Zoning Ordinance.
Membership, appropriations and terms. The Planning Board's composition,
appropriations, terms, vacancies, removals, and appointments shall
be in accordance with New York State Town and Village Law.
General authority. The Planning Board may exercise additional
powers as directed by the Town or Village Board and as may be described
elsewhere in this chapter and as permitted by New York State Town
or Village Law.
In accordance with Subdivision 16 of § 7-718 of Village
Law, there shall be a maximum of two alternate Planning Board members
who shall be appointed by the Mayor subject to the approval by resolution
of the Village Board for terms established by the Village Board. Alternate
Planning Board members shall substitute for a Planning Board member
or members in the event any such member is or members are unable to
participate in a matter or application before the Planning Board where
illness, absence or a conflict of interest would otherwise prevent
five members of the Planning Board from considering any pending matter.
The Chairperson of the Planning Board is authorized to designate an
alternate Planning Board member for a member who is unable to participate
in an application or matter before the Planning Board because of an
illness, absence or conflict of interest. When so designated, an alternate
Planning Board member shall possess all of the powers and responsibilities
of a member of the Planning Board.
The ZBA shall consist of five members appointed by the Town
or Village Board. The members of the ZBA as now constituted shall
continue in office until the expiration of their present terms. Thereafter,
their successors shall be appointed for terms of five years each.
Vacancies shall be filled as provided for in the New York State Town
and Village Law.
The Clerk of the ZBA shall perform such duties as required by
it. The Town or Village Board may appoint additional clerks or other
employees serving at its pleasure to assist the ZBA.
In accordance with Subdivision 11 of § 7-712 of Village
Law, there shall be a maximum of two alternate Zoning Board of Appeals
members who shall be appointed by the Mayor subject to the approval
by resolution of the Village Board for terms established by the Village
Board. Alternate Zoning Board of Appeals members shall substitute
for a Zoning Board of Appeals member or members in the event any such
member is or members are unable to participate in a matter or application
before the Zoning Board of Appeals where illness, absence or a conflict
of interest would otherwise prevent five members of the Zoning Board
of Appeals from considering any pending matter. The Chairperson of
the Zoning Board of Appeals is authorized to designate an alternate
Zoning Board of Appeals member for a member who is unable to participate
in an application or matter before the Zoning Board of Appeals because
of an illness, absence or conflict of interest. When so designated,
an alternate Zoning Board of Appeals member shall possess all of the
powers and responsibilities of a member of the Zoning Board of Appeals.
The Chair of the ZBA or, in the Chair's absence, the Acting
Chair, may administer oaths and compel the attendance of witnesses
in the manner and to the extent permitted by New York State Town and
Village Law and the Civil Practice Law and Rules.
Hearings shall be public, and decisions shall be voted upon
at public sessions. The ZBA may otherwise hold executive sessions
in accordance with the New York State Open Meetings Law.[1]
General authority. The ZBA may exercise additional powers as
directed by the Town or Village Board and as may be described elsewhere
in this chapter and as permitted by New York State law.