2006 New York Code - Zoning Board Of Appeals.

 
    § 81. Zoning board of appeals. 1. Appointment of members. The mayor or
  in  a  city having a city manager, the city manager of any city to which
  subdivisions twenty-four and  twenty-five  of  section  twenty  of  this
  chapter  are  applicable, shall appoint a board of appeals consisting of
  three or five members as shall be determined by local law  or  ordinance
  and  shall  designate  the  chairperson  thereof.  In the absence of the
  chairperson the board of appeals may designate  a  member  to  serve  as
  acting chairperson. The legislative body may provide for compensation to
  be  paid  to  experts, clerks and a secretary and provide for such other
  expenses as may be necessary and proper, not exceeding the appropriation
  made for such purpose. In making such appointments, the mayor  or  other
  duly  authorized  appointing  authority  may  require  board  of appeals
  members  to  complete  training  and  continuing  education  courses  in
  accordance with any local requirements for the training of such members.
    2.  Legislative  body members ineligible. No person who is a member of
  the legislative body of the city shall be  eligible  for  membership  on
  such board of appeals.
    3. Terms of members first appointed. In the creation of a new board of
  appeals,  or  the  reestablishment  of  terms  of an existing board, the
  appointment of members to the board shall be for terms so fixed that one
  member's term shall expire at the end of the official year in which such
  members were initially appointed. The remaining members' terms shall  be
  so fixed that one member's term shall expire at the end of each official
  year   thereafter.   At   the   expiration  of  each  original  member's
  appointment, the replacement member shall be appointed for a term  which
  shall be equal in years to the number of members of the board.
    4.  Terms  of  members  now  in office. Members now holding office for
  terms which do not expire at the end of the official  year  shall,  upon
  the  expiration of their term, hold office until the end of the official
  year and their successors shall then be appointed for terms which  shall
  be equal in years to the number of members of the board.
    5.  Increasing  membership.  The legislative body may, by local law or
  ordinance, increase a three member board of  appeals  to  five  members.
  Additional  members  shall  be first appointed for single terms in order
  that the terms of members shall expire in each of five successive  years
  and  their  successors  shall  thereafter be appointed for full terms of
  five  years.  No  such  additional  member  shall  take  part   in   the
  consideration  of  any  matter for which an application was on file with
  the board of appeals at the time of his or her appointment.
    6. Decreasing membership. A legislative body which has  increased  the
  number  of  members of the board of appeals to five may, by local law or
  ordinance, decrease the number of members of the  board  of  appeals  to
  three  to  take effect upon the next two expirations of terms. Any board
  of appeals which, upon the effective date  of  this  section  has  seven
  members,  may  continue  to  act  as  a duly constituted zoning board of
  appeals until the legislative body, by local law or  ordinance,  reduces
  such membership to three or five. However, no incumbent shall be removed
  from office except upon the expiration of his or her term.
    7.  Vacancy  in  office.  If  a  vacancy shall occur otherwise than by
  expiration of term, the mayor or in a city having a  city  manager,  the
  city manager shall appoint the new member for the unexpired term.
    8.  Removal  of members. The mayor or in a city having a city manager,
  the city manager shall have the power to remove, after  public  hearing,
  any member of the zoning board of appeals for cause. Any zoning board of
  appeals  member  may  be  removed  for  non-compliance  with any minimum
  requirements relating to meeting attendance and training as  established
  by the legislative body by local law or ordinance.
    9.  Compatibility  of offices. The municipal officials or employees on
  such board shall not, by reason of  membership  thereon,  forfeit  their
  right  to  exercise  the  powers,  perform  the  duties  or  receive the
  compensation of the municipal office or position  held  by  them  during
  such membership.  No municipal officer or employee shall be appointed to
  the zoning board of appeals in the event such officer or employee cannot
  carry  out  the  duties of his or her position without a conflict in the
  performance of his or her duties as a member  of  the  zoning  board  of
  appeals.
    10.  Chairperson duties. All meetings of the board of appeals shall be
  held at the call of the chairperson and at  such  other  times  as  such
  board  may  determine.  Such  chairperson, or in his or her absence, the
  acting chairperson, may administer oaths and compel  the  attendance  of
  witnesses.
    11.  Alternate members. (a) The legislative body of each city except a
  city having a population of more than one million may, by local  law  or
  ordinance,  or as part of the local law or ordinance creating the zoning
  board of appeals, establish alternate zoning  board  of  appeals  member
  positions  for  purposes  of substituting for a member in the event such
  member is unable to participate  because  of  a  conflict  of  interest.
  Alternate  members  of the zoning board of appeals shall be appointed by
  the mayor or other  duly  authorized  appointing  authority,  for  terms
  established by the legislative body of the city.
    (b)  The  chairperson  of the zoning board of appeals may designate an
  alternate member to substitute for a member when such member  is  unable
  to  participate  because  of a conflict of interest 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.
    (c) All provisions of this section relating to zoning board of appeals
  member  training  and  continuing  education,  attendance,  conflict  of
  interest,  compensation,  eligibility,  vacancy  in   office,   removal,
  compatibility of office and service on other boards, shall also apply to
  alternate members.