N.Y. General City Law § 81: 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.

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.

7-a. Training and attendance requirements. (a) Each member of the

board of appeals in a city, except a city having a population of more

than one million, 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 the requirements of this subdivision. Such training shall

be approved by the legislative body 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 city pursuant to this

subdivision.

(c) The training required by this subdivision may be waived or

modified by resolution of the legislative body of the city when, in the

judgement of such legislative body, it is in the best interest of the

city to do so.

(d) No decision of a board of appeals shall be voided or declared

invalid because of a failure to comply with this subdivision.

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.