HomeMy WebLinkAboutLL 14 of 2006 ZBA Alternates.doc
TOWN OF ITHACA
LOCAL LAW NO. 14 OF THE YEAR 2006
A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA
CODE, ENTITLED ZONING, REGARDING USE OF ZONING BOARD OF
APPEALS ALTERNATE MEMBERS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. This local law is adopted pursuant to § 10, Subdivision 1(ii)d(3), of
the Municipal Home Rule Law of the State of New York. This local law supercedes
§ 267(11) of the Town Law of the State of New York to the extent this local law is
inconsistent with such section.
Section 2. Chapter 270, XXVIII, Section 270-235.A of the Town of Ithaca Code,
entitled “Zoning Board of Appeals,” is amended by deleting subparagraph 2 and adding a
new subparagraph 2 reading as follows:
“(2)(a) There may be appointed additionally up to two alternate members of the
Zoning Board of Appeals. Alternate members shall be appointed by
resolution of the Town Board for terms established by the Town Board.
(b) The Chairperson of the Zoning Board of Appeals 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 subparagraph b above,
then the Chairperson shall designate the other alternate member to serve.
(d) To the extent this provision 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 said § 267 shall apply.”
Section 3. In the event any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by
such declaration of invalidity.
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Section 4. This local law shall take effect upon publication of the local law or an
abstract of same in the official newspaper of the Town, or upon its filing with the New
York Secretary of State, whichever is the last to occur.
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