Public Hearing Local Law #4

Local Law No. 4 of 2024
A Local Law to Abolish Act to abolish the Village’s Existing Planning Board as defined at Village Code Section 175-4 and to amend the Code of the Village of New York Mills, New York, Section 200-31 to create a new Zoning Board of Appeals which shall have the same powers and duties of a Zoning Board of Appeals and a Planning Board
WHEREAS, the Village of New York Mills has the authority to abolish the existing Village’s Planning Board and Zoning Board of Appeals and create a new Zoning Board of Appeals with the powers and duties of a Planning Board and a Zoning Board of Appeals.
WHEREAS, the Village of New York Mills maintains a body of law, The Code of the Village of New York Mills, New York, to administer the Zoning Board of Appeals and Planning Board;
NOW, Be it Enacted by the Board of Trustees of the Village of New York Mills:
Authority
This Local Law is enacted pursuant to the Authority granted pursuant to Article 10 of the Municipal Home Rule Law.
Planning Board and Zoning Boards of Appeals Abolished; Zoning Board of Appeals Established
1. The Board of Trustees of the Village of New York Mills hereby abolishes the existing Planning Board and Zoning Board of Appeals; and

2. Hereby creates a new Zoning Board of Appeals and gives and grants to the new Zoning Board of Appeals the powers and duties of a Planning Board and a Zoning Board of Appeals as set forth in the New York State Village Law the Code of the Village of New York Mills at § 200-31.

3. Wherever the terms Zoning Board, Zoning Board of Appeals or Planning Board appear in the Code of the Village of New York Mills, said terms shall hereafter mean and refer to the Zoning Board of Appeals created upon the adoption of this Local Law; and

4. There is hereby established a Zoning Board of Appeals consisting of five regular members and two alternate members who shall function in a manner prescribed by law. The members of the Board of Appeals shall be residents of the Village and shall be appointed by the Mayor, subject to the approval of the Board of Trustees, to serve staggered terms prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the manner provided by law. The alternate member will be allowed to attend all regular meetings and training seminars, but will only have voting powers when notified by the Chairperson during an illness, absence, or conflict of any member. The Board of Appeals shall adopt such rules and regulations as it may deem necessary to carry into effect the provision of this chapter, and all its resolutions and orders shall be in accordance therewith. Village’s Existing Planning Board (Chapter 23) is hereby abolished.

5. The Board shall have and exercise the additional powers and duties prescribed by the Village Law and the Subdivision Regulations of the Village of New York Mills.

6. To the extent any parts of this Local Law are inconsistent with or conflict with any parts, sections or chapters of the Village Code, the provisions of this Local Law shall control.
Effect
This Local Law shall take effect upon filing with the Secretary of State of the State of New York.
Severability
If any part of this Local Law shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this Local Law or Chapter 200 of the Village Code of New York Mills.