[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-13-2007 by L.L. No. 3-2007]
This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Zoning Board of Appeals in the Village of Wappingers Falls.
It is sometimes difficult to maintain a quorum on the Zoning Board of Appeals because members are ill, on extended vacation or find they have a conflict of interest with a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
As used in this article, the following terms shall have the meanings indicated:
- ALTERNATE MEMBER
- An individual appointed by the Village Board to serve on the Village Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
- An individual appointed by the Village Board to serve on the Village Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Zoning Board of Appeals.
- ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Village of Wappingers Falls, as established by the Village Board of Trustees by local law or ordinance, pursuant to the provisions of § 7-712 of the Village Law.
The Village Board of Trustees hereby enacts this section to provide a process for appointing alternate members of the Zoning Board of Appeals. These individuals will serve when members are absent or unable to participate on an application or matter before the respective Board.
Two alternate members of the Zoning Board of Appeals shall be appointed by the Village Mayor, subject to the ratification of the Village Board, for a term of five years.
The Chairperson of the Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. 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.
All provisions of state law relating to a Zoning Board of Appeals member's eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
This section 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 Board of Trustees, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of § 7-712 of the Village Law relating to the appointment of members to Village Zoning Boards of Appeal.