Town of Stillwater, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Stillwater as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 176.
Zoning — See Ch. 210.
[Adopted 5-18-2000 by L.L. No. 1-2000]

§ 26-1 Short title; applicability.

This article shall be known as the "Planning Board and Zoning Board of Appeals Alternate Members Act," and it shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Stillwater.

§ 26-2 Declaration of policy.

It is sometimes difficult to maintain a quorum of members of the Planning Board and the Zoning Board of Appeals because members are not present for reasons such as illness, business travel, or vacation. Members also recuse themselves from time to time because of conflicts of interest. In such instances, it may be difficult or impossible to conduct official business, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.

§ 26-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Planning Board or the Zoning Board of Appeals in accordance with the provisions of this article.
MEMBER
An individual appointed by the Town Board to serve on the Planning Board, or the Zoning Board of Appeals, pursuant to the provisions of the local law or ordinance which first established the Stillwater Planning Board and the Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Stillwater as established by the Town Board, pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Stillwater as established by the Town Board pursuant to the provisions of § 267 of the Town Law.

§ 26-4 Appointment and service of alternate members.

A. 
The Town Board shall appoint one alternate member to the Planning Board and one alternate member to the Zoning Board of Appeals. Alternate members shall be appointed for a term of two years, commencing on the first day of January. The term of any alternate member appointed subsequent to the first day of January shall expire on the 31st day of December in the next calendar year.
B. 
The Chairperson of the Planning Board and Zoning Board of Appeals may designate a duly appointed alternate member to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of a member of the Board. Such designation shall be entered into the minutes of the Planning Board or Zoning Board of Appeals meeting at which the substitution is made.
C. 
An alternate member duly authorized by the Chairman of the Planning Board or Zoning Board of Appeals to substitute for a Board member, when such member is unable to participate in a meeting, will be compensated in place and instead of the Board member.
D. 
Except as provided in § 26-5 herein, all provisions of state law relating to planning board and zoning board of appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, shall also apply to alternate members In addition, any provisions of a local law or ordinance relating to training, continuing education, compensation and attendance of members shall also apply to alternate members.

§ 26-5 Supersession of Town Law.

This article is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of Subdivision 1 of § 271 of the Town Law relating to the appointment of members to the Town Planning Board; and Subdivision 2 of § 267 of the Town Law relating to the appointment of members to the Town Zoning Board of Appeals.