Loading...
LL 05 Zoning Board Appointment Members NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C)PxAx (NK of .....Queensbury........................................................................................... Town V,�Dd�ex Local Law No. .................................................... of the year 19 .92.. . A local law ..Zoning Board of A ppeols Appointment of.Members Which Chapter Provides (Insert Title) c*Or The Amendment Supplement, Or Supersession, As May Be Necessary, Of Town Low Section 267 Concerning The Number if Members That May Be Appointed to The Zoning Board of Appeals and The Terms T�iereof Seit enacted by the ...........................................................................................................................................oft e (Name of Legislative Body) Town Board XHYX Queensbury ........................as follows: Townof ........................ ............................................................................................... 1JC`Il4si�4 SECTION 1. The Code of the Town of Queensbury is hereby amended by adding thereto, a new Chapter to be Chapter 181, "Zoning Board of Appeals Appointment of Members, " to read as follows: 181-1 Title. This Chapter shall be titled, "Zoning Board of Appeals Appointment of Members. " 181-2 Statutory Authority. The Authority cited for this Chapter is the Municipal Home Rule Law Section 10. 101-3 Legislative History and Purpose. Section 267 of the Town Law of the State of New York, was amended by the State Legislature, effective July 11 1992, to indicate in paragraph 2 thereof that Town Boards . . shall 3 appoint a Board of Appeals consisting of three or five J ` members. . . " Although paragraph 7 of the Revised Town Law Section 267 provides that, "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 Town Board, by resolution, reduces such membership to three or five, " it seems questionable., or at least arguable, as to whether, when terms expire, the Town Board may continue to appoint and maintain a seven member Zoning Board of Appeals. (If additional space is needed, attach pages the same size as this sheet, and number each.) CI) Dos 239 (Rev. 7/90) The Town Board of the Town of Queensbury is of the opinion that a seven member Zoning Board of Appeals, as currently existing in the Town of Queensbury, has been beneficial and functional. Therefore, this legislation is adopted pursuant to the authority of the Municipal Home Rule Law of the State of New York, to clearly provide authority for and insure the continuation of a seven member Zoning Board of Appeals, as long as the Town of Queensbury deems the same appropriate. 181-4 State Law Amended, Supplemented or Superseded, as May Be Necessary. This Chapter shall amend, supplement, or supersede, as may be necessary, those provisions of Town Law Section 267, paragraphs 2, 4, and 7, effective July 1, 1992. Except as set forth herein, all other terms and provisions of Town Law Section 267, as effective July 1, 1992, concerning appointment and membership to the Zoning Board of Appeals shall apply. 181-5 Appointment of Members and Terms of the Zoning Board of Appeals. On and after July 1, 1992, the Town Board of the Town of Queensbury shall continue to be authorized to appoint a Zoning Board of Appeals consisting of seven members and shall designate the Chairman thereof, with terms to be five years in duration, provided, however, that the Town Board may, at any time after July 1, 1992, by resolution, decrease the number of members of the Board to five or three, to be effective upon the expiration of the next terms following adoption of the resolution. Any other matters relating to terms of office for the seven member board shall be consistent with the terms and provisions of Town Law Section 267, as in effect, prior to July 1, 1992. SECTION 2. Effective Date. This Local Law shall take effect upon the filing of the same with the Office of Secretary of State or July 1, 1992, whichever date is later. (2) � Y 1 „(Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 19 92 of the (jgM16+:) RX90(Town)Q3%Xgeq of nueenshury was duly passed by the Town Board on June 2 th, 19_, in accordance with the applicable provisions of law. (Name of Legislative y 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the (Name o Legislative o y on 19_, and was (approved)(not disapproved)(repassed after disapproval) by the and was deemed duly adopted on 19 , (Elective Chief ExecutiveOfficer') in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of LegislativeBody) disapproval) by the (Elective Chief Executive Officer") on 19 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referudum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after sme o die alive y disapproval) by the on 19 Such local law was subject to (Elective Chid Executive Officer permissive referendum and no valid petition requesting such referendum was filed as of 19 in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (3) S. (Iprty local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19_ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 19 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the County of , State of New York, having been submitted to the electors at the General Election of November 19_, pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit'and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Work of t •eouirtr legislative body. own or er or officer designated by local legilsative body (Seal) Date: June 76, 1992 r (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF Warren I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law anne to. un Town Attorne -Title Gd(1i q QRxX of Oueensbury Town V56JOW Date: June 76. 1992 (4) f . ROC MY 146 06/24/9 ! The f of towing mat;eriril has £;been received and will be processed fear i.nr.lu ,,roii In your Cade a ups leiner£h,ai ages (w}IE,rf.? appIic;able� Town of Quoensl:WurY C/O Clerk's Office 531 Flay Roar Oueensbury, NY 1 804 �F1FlI'.£�£111i1?flF}}}�}S��f�4212?F[I}1711£fii131£IF Addit ; . cervices General Code Publishers' commitment to the maintenance of an organized body of law for your municipality includes the following additional services which are available to you: ' t � • Review and Analysis of Your Code • Printing of Additional Up-To-Date With State Laws. Copies of the Code. j • Indexing --- Codes and Minutes. • Review and Updating of Land Use • Pamphlet Reprints of Code Chapters Legislation. Such as Zoning, Personnel Policies and • Distribution Services For Code Books Subdivision Regulations. and Supplements. • Sample Laws and Ordinance Drafting • Loose-leaf Supplement Services. Services. • Codification of Traffic Regulations. • Expandable Loose-leaf Binders. Should you be interested in learning more about any of these services, please contact: GENERAL CODE PUBLISHERS 72 Hinchey Road CORP. Rochester, New York 14624 I 716/328-1810 0 FAX: 328-8189 1 UNITED STATES POSTAL SERVICE Official Business P A efI Fft1/dlla USE, $300 Print your name, address and ZIP Code here OwY. �3L �� � SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. 1 • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address g does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number, 2. El Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivers to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Service Type 11 ❑ Registered ❑ Insured ©"Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of Delivery 5. Signature (Addressee) 8. Addr sses s Address 1 my if requested and fee is paid) 6. Signature (Ag;ntll'�, !, l PS Form 3811, NovembOl 1,99-0 *ues aPo:tggl-287-088 DOMESTIC RETURN RECEIPT NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS MUNICIPALITY �162 Washington Avenue 'Albany, NY 12231-0001 Town of Queensbury LOCAL LAW(S) NO. YEAR FILING DATE DATE: 6/23/92 5 1992 6/18/92 Local Law Acknowledgment The above-referenced material was received DARLENE PSI DOUGHER and filed by this office as indicated. � � TOWN OF QUEENSBURY TOWN OFFICE BUILDING 531 BAY ROAD QUEENSBURY NY 12804 Additional local law filing forms will be forwarded upon request. DOS-236 (Rev. 6/90)