[Adopted 7-11-2007 by L.L. No. 2-2007;
amended in its entirety 5-11-2010 by L.L. No. 7-2010]
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."
This article is enacted pursuant to the provisions of Municipal
Home Rule Law § 10 and Town Law §§ 267(11)
and 271(15).
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.
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 such 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
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 such member of the
Board. Such designation shall be entered into the minutes of the Planning
Board meeting at which the substitution is made.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
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.
