Town of Saratoga, NY
Saratoga County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Saratoga as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 368.
Zoning — See Ch. 400.
[Adopted 9-13-1999 by L.L. No. 1-1999]
Alternate Planning Board and ZBA Members Act. This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board/Zoning Board of Appeals in the Town of Saratoga.
It is sometimes difficult to maintain a quorum on the Planning Board/Zoning Board of Appeals because members are ill, 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 timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.
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 Town Planning Board/Zoning Board of Appeals when a regular member is absent or unable to participate on an application or matter before the respective Board as provided herein.
PLANNING BOARD
The Planning Board of the Town of Saratoga as established by the Town Board by local law pursuant to the provisions of § 271 of the Town Law.
REGULAR MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board/Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board/Zoning Board of Appeals.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Saratoga as established by the Town Board by local law pursuant to the provisions of § 267 of the Town Law.
A. 
The Town Board of the Town of Saratoga hereby enacts this article to provide a process for appointing "alternate" members of Planning Boards/Zoning Boards of Appeal. These individuals would serve when regular members are absent or unable to participate on an application or matter before the respective Board.
B. 
Two alternate members each for the Planning Board/Zoning Board of Appeals shall be appointed by the Town Board for such terms as the Town Board determines.
C. 
The Chairperson of the Planning Board/Zoning Board of Appeals may designate an alternate member to substitute for a regular member for any application, matter, meeting or period of time such member is absent or unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess all powers of a regular member of the Board. Such designation shall be entered into the minutes of the initial Planning Board/Zoning Board of Appeals meeting at which the substitution is made.
D. 
Any decision or determination of the Planning Board/Zoning Board of Appeals which includes the vote of one or more alternate Planning Board/Zoning Board of Appeals members shall have equal force and effect as determinations made solely by a vote of the regular members of said Planning Board/Zoning Board of Appeals.
E. 
All provision of state law relating to Planning Board/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 apply to alternate Planning Board/Zoning Board of Appeals members.
This article is hereby adopted pursuant to the provisions of § 10 of the NYS Municipal Home Rule Law and § 10 of the NYS Statute of Local Governments. It is the intent of the Town Board pursuant to § 10 of the NYS Municipal Home Rule Law to supersede the provisions of:
A. 
Section 271, Subdivision (15)(a) of the Town Law; and
B. 
Section 267, Subdivision (11)(a) of the Town Law.