Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fallsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 260.
Zoning — See Ch. 310.
[Adopted 5-15-1973]

§ 59-1 Planning Board authority.

The Town Board hereby grants to the Town Planning Board all such further authority and powers to the extent which the Town Board may do so under the provision of § 276 of the Town Law.[1]
[1]
Editor's Note: The original first section of this article, regarding the Planning Board's authority to approve plats filed prior to the establishment of the Planning Board, which preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 59-2 Authority to adopt rules and regulations.

The Town Board hereby authorizes the Town Planning Board to adopt such rules and regulations as it deems necessary, consistent with the provisions of Article 16 of the Town Law, to approve such plats.

§ 59-3 Notification of County Clerk.

The Town Clerk is hereby directed to immediately file a certificate with the Clerk of the County of Sullivan, certifying the foregoing.

§ 59-4 Conflicts with state law.

Whenever the provision of the subdivision regulations of the Town conflict with the provision of § 276 of the Town Law, the provision of § 276 of the Town Law shall be controlling.
[Adopted 7-11-2007 by L.L. No. 2-2007; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 59-5 Title.

This article shall be a new article of the Code of the Town of Fallsburg entitled "Alternate Members of Zoning Board of Appeals and Planning Board."

§ 59-6 Statutory authority.

This article is enacted pursuant to the provisions of Municipal Home Rule Law § 10 and Town Law §§ 267(11) and 271(15).

§ 59-7 Purpose and findings.

A. 
The intention of this article is to establish alternate members of the Zoning Board of Appeals and the Planning Board of the Town of Fallsburg pursuant to Town Law §§ 267(11) and 271(15) and further to expand the conditions under which said alternate members may serve. To the extent that such conditions are expanded, it is the intention of this article to supersede, pursuant to Municipal Home Rule Law § 10(1)(ii)(a) and Municipal Home Rule Law § 22, the provisions of Town Law §§ 267(11) and 271(15). Neither § 267 nor § 271 of the Town Law, governing zoning and planning, contain any express prohibition against the adoption of a local law to provide for an expansion of the conditions under which alternate members of said Boards may serve.
B. 
The need for this article arises not only out of conflicts of interest which may require a member of said Boards to recuse themselves, but also to provide a working majority for purposes of voting on various issues and applications where a quorum is not present due to illness or absence of members of said Boards for any reason. It is the intention of this article to assist both the Zoning Board of Appeals, the Planning Board, as well as applicants appearing before said Boards to proceed with the applications brought before said Boards in an efficient and timely manner.

§ 59-8 Alternate appointments for Zoning Board of Appeals.

A. 
Pursuant to Town Law § 267(11), the Town Board hereby establishes and authorizes the appointment of not more than three alternate Zoning Board of Appeals members. Said alternate members of the Zoning Board of Appeals shall be appointed by resolution of the Town Board for terms established by the Town Board and must abide by the Zoning Board of Appeals' minimum education requirements.
B. 
The Chairperson of the Zoning Board of Appeals may designate one of said alternate members appointed by the Town Board to substitute for a member of the Zoning Board of Appeals for the purposes set forth in Subsection C herein.
C. 
An alternate member may be designated by the Chairperson of the Zoning Board of Appeals where a member of the Zoning Board of Appeals is unable to participate because of a conflict of interest with respect to an application or a matter before the Board or because of illness or absence of a Board member for any reason. When so designated, the alternate member shall possess all the powers and responsibilities of each member of the Board. Such designation shall be entered into the minutes of the Zoning Board of Appeals meeting at which the substitution is made.

§ 59-9 Alternate appointments for Planning Board.

A. 
Pursuant to Town Law § 271(15), the Town Board hereby establishes and authorizes the appointment of not more than three alternate Planning Board members. Said alternate members of the Planning Board shall be appointed by resolution of the Town Board for terms established by the Town Board and must abide by the Planning Board minimum education requirements.
B. 
The Chairperson of the Planning Board may designate one of said alternate members appointed by the Town Board to substitute for a member of the Planning Board for the purposes set forth in Subsection C herein.
C. 
An alternate member may be designated by the Chairperson of the Planning Board where a member of the Planning Board is unable to participate because of a conflict of interest with respect to an application or a matter before the Board or because of illness or absence of a Board member for any reason. When so designated, the alternate member shall possess all the powers and responsibilities of each member of the Board. Such designation shall be entered into the minutes of the Planning Board meeting at which the substitution is made.

§ 59-10 Effect on other provisions.

Pursuant to the Municipal Home Rule Law, all local laws or parts of local laws, ordinances or state laws in conflict with the provisions of this article, including but not limited to Town Law §§ 267(11) and 271(15), are hereby superseded to the extent necessary to give this article full force and effect upon its adoption.