[Adopted 2-6-2002 by L.L. No. 2-2002]
A.
Under the provisions of Article 7, § 7-710
of the Village Law, a Zoning Board of Appeals of five members is hereby
created for the Village of Round Lake, New York, with duties as prescribed
by law.
[Amended 4-19-2023 by L.L. No. 3-2023]
B.
The Village Board of Trustees of the Village of Round
Lake may appoint up to two alternate members of the Zoning Board of
Appeals of the Village of Round Lake, either or both of whom may be
designated by the Chairman of said Board to substitute for a regular
member or members, as the case may be, for any application, matter
or period of time when one or more members are absent or are unable
to participate on an application or matter before the Board because
of a conflict of interest, for terms of two years. The Chairman of
the Zoning Board of Appeals may designate an alternate to substitute
for a member who is absent or who is unable to participate because
of a conflict of interest, who shall possess all the powers and responsibilities
of such member. Alternate members have all of the duties and responsibilities
of members (including the right to join in Board discussions), except
that they are not entitled to vote, except when being substituted
by the Chair for an absent member.
[Amended 8-4-2010 by L.L. No. 1-2010]
C.
The Zoning Board of Appeals may enact and/or adopt rules, regulations,
procedures and fees directly related to the execution of its duties,
including the establishment of deadlines, the designation of duties
of Village employees, the collection of fees from applicants and the
expenditures of funds related to specific applications, such as fees
related to publication, mailing and the procurement of professional
services.
[Added 4-19-2023 by L.L.
No. 3-2023]
[Added 8-4-2010 by L.L. No. 1-2010]
A.
Attendance. Attendance by Board members and alternates is required
at all Board meetings.
(1)
The Village Board finds that multiple absences of a member from meetings
is, by itself, cause for removal from the Zoning Board of Appeals,
and therefore a Board member or alternate member who commits one the
following acts is subject to removal by the Mayor following a public
hearing pursuant to New York State Village Law § 7-712,
Subdivision 9, which public hearing shall be scheduled to coincide
with the second regularly scheduled Village Board meeting occurring
after the Mayor receives notification of the noncompliance with these
minimum requirements relating to meeting attendance:
(a)
A Zoning Board of Appeals member or alternate member who does
not attend two meetings in a row (i.e., any convening of that Board
which has a call to order and an adjournment); or
(b)
A Zoning Board of Appeals member or alternate member who fails
to attend over 1/2 of meetings of that Board in any one calendar year.
(2)
Notification of absence. Members and alternate members must notify
the Village Clerk of their absence as soon as practicable, but in
no event not less than 48 hours prior to the meeting from which he
or she will be absent. Failure to provide such notice is, by itself,
cause for removal, and any member or alternate member who violates
this requirement twice in a one-year period is subject to removal
by the Mayor following a public hearing pursuant to New York State
Village Law § 7-712, Subdivision 9, which public hearing
shall be scheduled to coincide with the second regularly scheduled
Village Board meeting occurring after the Mayor receives notification
of the noncompliance with these minimum requirements relating to meeting
attendance.
B.
Establishment of rules. The Board of Trustees may establish rules,
regulations and policies for the operation of the Zoning Board of
Appeals which, having been promulgated under the authority of this
article, shall have the force and effect of this article, except that
they shall not create any additional rights in any applicants before
such Boards. These rules, regulations and policies may be enacted
by resolution of the Village Board of Trustees and may be amended,
modified, suspended, revoked and/or reinstated by resolution of the
Village Board of Trustees. Nothing herein shall prohibit the Zoning
Board of Appeals from enacting rules, regulations and policies for
its own operation, provided that they are not in conflict with the
rules, regulations and/or policies enacted hereunder.
