Proposed Local Law – ARB – Chairman and Appointment of Alternate Members

RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING ARTICLE X OF THE ZONING LAW TO ADD A NEW §10-105 WITH RESPECT TO THE CHAIRPERSON OF THE BOARD OF ARCHITECTURAL REVIEW AND APPOINTMENT OF ALTERNATE MEMBERS

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, August 10, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “Local Law amending Article X of the Zoning Law to add a new §10-105 with respect to the Chairperson of the Board of Architectural Review and appointment of alternate members.”

LOCAL LAW NO. ___ OF 2019

A LOCAL LAW amending Article X of the Zoning Law to add a new §10-105 with respect to the Chairperson of the Board of Architectural Review and appointment of alternate members.”

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1.  Amendment.  Article X of the Zoning Law is amended to add a new Section §10-105 is hereby amended by adding underlined words as follows:

Section 10-105.  Chairperson and Alternate Members.

  1. The Board of Trustees shall designate the Chairperson of the Board of Architectural Review.  Such designation shall be for one official year of the Village and shall expire at the end of each official year.  During the absence, disability or disqualification of the Chairperson, the Vice-Chairperson elected by the Board of Architectural Review shall perform all the duties, exercise the powers and be subject to all of the responsibilities of the Chairperson.  The designation of Chairperson may be withdrawn at the pleasure of the Village Board.  The duties of the Chairperson shall be as follows:

(1) To preside at all meetings.

(2) To postpone meetings due to inclement weather and to call special meetings.

(3) To sign, together with the administrative support personnel of the Village Clerk or Building Inspector, all official documents of the Board of Appeals.

(4) To see that all reports, documents, and actions of the Board of Architectural Review are properly made, executed, filed or taken, as the case may be, in accordance with law and regulations of the Board of Architectural Review.

(5) To serve as liaison the Village Board of Trustees and other Village boards.

  1. B. Alternate Members.  For the purposes of substituting for a member of the Board of Architectural Review in the event that such member is unable to participate because of a conflict of interest or is otherwise unavailable due to a long term absence, disability or disqualification, the Mayor may appoint one or more alternate members subject to the approval of the Board of Trustees, with any such appointment for a term of one year from the date of appointment.  Any designation of an alternate member in replacement of a member on a particular case because of a conflict of interest or unavailability due to a long term absence, disability or disqualification shall be made by the Chairperson of the Board of Architectural Review and shall be entered in the minutes.

Section 2.  Authority.  The proposed local law is enacted pursuant to Village Law §7-712, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(2).

Section 3.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 4.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, August 10, 2019 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “Local Law amending Article X of the Zoning Law to add a new §10-105 with respect to the Chairperson of the Board of Architectural Review and appointment of alternate members.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK