TOWN OF WHITESTOWN
LOCAL LAW #1 OF THE YEAR 2009
A Local Law to establish residency requirements for the members of the Zoning Board of Appeals and Planning Board for the Town of Whitestown.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
WHITESTOWN, NEW YORK, AS FOLLOWS:
SECTION I Title:
A Local Law to establish the residency requirements for the memberts of the Zoning Board of Appeals and Planning Board for the Town of Whitestown.
SECTION II Authority:
This Local Law is adopted pursuant to Municipal Home Rule Law, SEction 10 (1) (ii) (a) (1) that grants to local governments the authority to enact Local Laws regarding the qualifications of local officers. Furthermore, this Local Law recognizes that the State Legislature amended Public Offier's Law, Section 3, adding a new subsection (Section 24) expanding the residency requirements for any appointed public office in the Town of Greenburgh, Westchester County, thereby rendering Pulbic Officer's Law a special law with respect to any appointed Town officer (See C.F.N.Y. Op. Atty. Gen. (inf) No. 91-37).
Section III: Suppression:
This Local Law shall supersede Town Law, Section 23 (1) in its applicaiton to the membership on the Zoning Board of Appeals and Planning Board for the Town of Whitestown.
Section IV: Residency Requirements For Membership on the Zoning Board of Appeals and Planning Board
for the Town of Whitestown:
Members of the Zoning Board of Appeals and Planning Board for the Town of Whitestown need not be a resident nor an elector of the Town of Whitestown, provided, however, that such person shall:
(a) reside in the county in which such Town is located (Oneida County) or an adjoining county within the State of New York; and
(b) currently, and for a period of ten (10) years past, own property located within the Town of Whitestown, and
(c) have lived within the Town of Whitestown and served as a member of the Town's Zoning Board of Appeals and/or the Planning Board for not less than five (5) years.
Section V: Inconsistency
Any other Local Laws and ordinances of the Town of Whitestown that are inconsistent with the provisions of the Local Law are hereby repealed; provide however, that such repeal shall only be to the extent of such inconsistency and in all other respects this Local Law shall be in additon to such other Local Laws or ordinances regulating and governing the subject matter covered by the Local Law.