[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:
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
