[HISTORY: Adopted by the Town Board of the Town of Webster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-7-2019 by L.L.
No. 1-2019 (Ch. 52 of the 1991 Code)]
This article 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 and of the Town of Webster.
A.
In the event that a Planning Board
member is absent for any reason, an alternate member is hereby authorized
to take the place of an absent Planning Board member.
B.
It is the desire of the Town Board
to have a full complement of voting members at each meeting of the
Zoning Board of Appeals in which action is to be taken on an application.
C.
In order for an alternate to serve
either or both the Planning Board and/or the Zoning Board of Appeals,
the alternate must have completed the appropriate training.
As used in this article, the following terms shall have the
meanings indicated:
An individual appointed by the Town Board who is utilized
when a regular member is unable to participate on an application or
matter before the respective board, as provided herein.
An individual appointed by the Town Board to serve on the
Town Planning Board and/or Zoning Board of Appeals, pursuant to the
provisions of the local law or ordinance which first established such
Planning Board or Zoning Board of Appeals.
The Planning Board of the Town of Webster as established
by the Town Board, pursuant to the provisions of § 271 of
the Town Law.
The Zoning Board of Appeals of the Town of Webster as established
by the Town Board, pursuant to the provisions of § 267 of
the Town Law.
A.
The Town Board of the Town of Webster
hereby enacts this article to provide a process for appointing alternate
members of the Planning Board and/or Zoning Board of Appeals. These
individuals would serve when members are absent or unable to participate
on an application or matter before the respective Board.
B.
Alternate members of the Zoning
Board of Appeals shall be appointed by the Town Board for terms of
three years, with the terms to expire on December 31 of the third
year after the date of appointment. Alternate members of the Planning
Board shall also be appointed by the Town Board for terms of three
years, with the terms to expire on December 31 of each year.
C.
The Chairperson of the Planning
Board and/or Zoning Board of Appeals may designate an alternate 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 such member of the Board. Such designation shall be entered into
the minutes of the initial Planning Board meeting and/or Zoning Board
of Appeals meeting at which the substitution is made.
D.
All provisions of state law relating
to Planning Board and/or Zoning Board of Appeals member eligibility,
vacancy in office, removal, compatibility of office and service on
other boards, as well as any provisions of a local law/local ordinance
relating to training, continuing education, compensation and attendance,
shall also apply to alternate members.
This article is hereby 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 the provisions of: § 271
of the Town Law relating to the appointment of members to town planning
boards, and § 267 of the Town Law relating to the appointment
of members to town zoning boards of appeals.
