Town of Delaware, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Delaware as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-2010 by L.L. No. 1-2010]

§ 51-1 Short title and applicability.

This article shall be known and may be cited as the "Alternate Planning Board Members Law."

§ 51-2 Findings.

It is sometimes difficult to maintain a quorum on the Planning Board because members are ill or on extended vacation or find they have a conflict-of-interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required time lines. The use of alternate members in such instances would avoid such difficulties.

§ 51-3 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 when a regular member is unable to participate on an application or matter before the Planning Board.
MEMBER
An individual appointed by the Town Board to serve on the Planning Board according to the provisions of applicable law, local law or ordinance pursuant to which the Planning Board was established.
PLANNING BOARD
The duly constituted Planning Board of the Town of Delaware.
TOWN BOARD
The duly constituted Town Board of the Town of Delaware.

§ 51-4 Purpose; appointment, designation and term of office.

A. 
This article is enacted to provide a process for appointing Alternate Members of the Planning Board. These individuals would serve when Members are absent or unable to participate on an application or matter before the Planning Board.
B. 
Alternate Members of the Planning Board may be appointed by the Town Board for a term of two years, with the terms to expire on December 31 of the second year after the date of their appointment.
C. 
The Chairperson of the Planning Board shall designate an Alternate Member to substitute for a Member when such Member is absent or unable to participate on an application or matter before the Planning Board. When so designated, the Alternate Member shall possess all powers and responsibilities of such Member. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
D. 
Alternate Members shall regularly attend the scheduled meetings and/or work sessions of the Planning Board so as to be available for designation when required and familiar with the applications and/or matters pending before the Planning Board.
E. 
Alternate Members shall serve without compensation.
F. 
All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as provisions of any state or local law or ordinance relating to training and continuing education, shall also apply to Alternate Members.

§ 51-5 Supersession of New York State Town Law.

This article is adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede any inconsistent provisions of § 271 of the New York State Town Law relating to the appointment of members and alternate members to Town Planning Boards.
[Adopted 8-14-2013 by L.L. No. 5-2013]

§ 51-6 Purpose.

The Town Board of the Town of Delaware has determined that a reduction of the Planning Board from seven to five members pursuant to Town Law § 271(7) is desirable and opportune.

§ 51-7 Reduction of Planning Board membership.

The Planning Board of the Town of Delaware shall henceforth consist of five members.

§ 51-8 Manner of effecting reduction in Planning Board membership.

The reduction in the number of members of the Town of Delaware Planning Board from seven to five shall be accomplished by not filling the two membership positions that are currently vacant.

§ 51-9 Terms of office of current Planning Board members and their successors.

A. 
The current unexpired terms of office of each of the five existing members of the Planning Board shall not be affected or reduced by reason of this article and shall remain as follows:
Member
Expiration of Term
Warren Blumenthal
December 31, 2013
Terry Zieres
December 31, 2014
Gerald Euker
December 31, 2015
David Peters
December 31, 2016
Kara McElroy
December 31, 2018
B. 
Upon expiration of the foregoing terms, the appointment of the successor member (or reappointment of such member, if applicable) shall be for a term of five years. However, with respect to the position with the term ending December 31, 2018, currently held by Kara McElroy, the successor member or reappointment of the member then holding such position shall initially be for a four-year term and thereafter for five-year terms so as to achieve the result that one Planning Board member's term of office shall expire each year. To the extent that the provisions of this section may be inconsistent with any provision of Town Law § 271, such provision shall supersede any such inconsistent provision of Town Law § 271.