Dryden Town City Zoning Code
ARTICLE XIV
Zoning Board of Appeals
§ 270-14.1 Zoning Board of Appeals establishment; continuation.
The Zoning Board of Appeals (herein sometimes "ZBA"), existing by virtue of the Town of Dryden Zoning Ordinance, as amended from time to time, and appointment by the Town Board is continued. The ZBA shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below). Members of the ZBA in office at the time of adoption of this chapter shall continue to serve to the end of the term for which they were appointed.
§ 270-14.2 Membership.
There shall be five members of the ZBA. The members of the ZBA shall be residents of the Town of Dryden and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said ZBA by expiration of term or otherwise shall be filled in the same manner. No person who is member of the Town Board shall be eligible for membership on the ZBA. The Town Board shall designate the chairperson of the ZBA. In the absence of the chairperson, the ZBA may designate a member to serve as acting chairperson.
§ 270-14.3 Alternate members.
A.
There may be appointed additionally up to two alternate members of the ZBA. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board.
B.
The Chairperson of the ZBA shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place.
C.
If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection B above, then the Chairperson shall designate the other alternate member to serve.
D.
To the extent this section is inconsistent with Town Law § 267(11), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities and procedures related to alternate members set forth in Town Law § 267 or in this chapter shall apply.
§ 270-14.4 Hearing appeals.
The jurisdiction of the ZBA shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of the Zoning Law. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town.
§ 270-14.5 Orders, requirements, decisions, interpretations, determinations.
The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of the Zoning Law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
§ 270-14.6 Lapse.
Unless otherwise specified by the ZBA, and without any further hearing by the ZBA, a decision on any appeal; including the granting of an area variance and/or use variance, shall automatically lapse and expire if the appellant fails to obtain any necessary building permit within one year of the date the decision is filed.
§ 270-14.7 Minimum meeting and hearing attendance requirements.
Members of the ZBA are expected to attend all regularly scheduled and specially scheduled meetings of the Board. In the event that a member of the Board is absent from three consecutive meetings, or in the event a member of the Board is absent from five meetings within any one calendar year, then such member may be removed from the Board as herein provided.
§ 270-14.8 Training and attendance requirements.
A.
Each member of the ZBA shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet these requirements. Such training shall be approved by the Town Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to electronic media, video, distance learning and traditional classroom training.
B.
To be eligible for reappointment to such Board, such member shall have completed the training promoted by the Town pursuant to this section.
C.
The training required by this subdivision may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the Town to do so.
D.
No decision of a ZBA shall be voided or declared invalid because of a failure to comply with this section.
§ 270-14.9 Training costs.
The costs of such training shall be a Town charge. Members shall be reimbursed for travel and meal expenses associated with such training according to Town policies.
§ 270-14.10 Removal procedure.
In the event a member of the ZBA has failed to meet the minimum attendance requirements set forth in § 270-14.7 or the training requirements set forth in § 270-14.8, then the Town Board may remove such member from the ZBA as herein provided:
A.
Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum attendance requirements of § 270-14.7 or the training requirements set forth in § 270-14.8 above.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Public hearing. Such notice shall specify a date (not less than 10 or more than 30 days from the date of mailing such notice) when the Town Board shall convene and hold a public hearing on whether or not such member should be removed from the ZBA. Such notice shall also specify the time and place of such hearing.
C.
Public notice. Public notice of such hearing shall be given by posting a notice on the Town signboard in the vestibule of the Town Hall and by publishing a notice once in the official newspaper. Such posting and publication shall be at least 10 days prior to the date of the public hearing.
D.
Conduct of hearing. The public hearing on the charges shall be conducted before the Town Board. The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Town Board shall be reduced to writing together with specific findings of the Town Board with respect to each charge against such member. A copy of such decision and such finding shall be mailed to the member.
E.
Action by the Town Board. Following the hearing and upon a finding that such member has not met the minimum attendance requirements required by this chapter, the Town Board may:
(1)
Remove such member from the ZBA;
(2)
Issue a written reprimand to such member without removing such member from the Board; or
(3)
If the Town Board shall find that the reasons for failing to meet the minimum attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action.
§ 270-14.11 Removal for cause.
Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the ZBA for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 270-14.10, Removal procedure, shall govern any hearing to remove a member for cause.
§ 270-14.12 Leave of absence; excused absences.
A.
The provisions of § 270-14.7 shall not apply to any member who has applied for and been granted a leave of absence by the Town Board from their duties as a member of the ZBA. The Town Board may grant such leave of absence on such terms and for such period as it may deem appropriate; provided, however, no such leave of absence shall be for a period in excess of 11 months.
B.
The provisions of § 270-14.7 shall not apply to any member who has been granted an excused absence by the Chairperson of the ZBA. To be a valid request for an excused absence, such request shall be made to the Chairperson of the ZBA prior to the meeting/hearing. Grounds for excused absences shall include illness, vacation, business or employment reasons and personal or family activities.
§ 270-14.13 Applicability.
A.
This chapter shall apply to all members of the ZBA regardless of the date of their appointment to such board.
B.
Prospective members of the ZBA shall be notified of the requirements of the provisions of §§ 270-14.7 through 270-14.12 of this chapter prior to their appointment to such board.