Town of Rochester, NY
Ulster County
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[HISTORY: Adopted by the Town Board of the Town of Rochester 12-2-1999 by L.L. No. 5-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 34.
Planning Board — See Ch. 37.
Zoning — See Ch. 140.
The title of this chapter is "Alternate Planning Board and Zoning Board of Appeals Members Act." This chapter shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and the Zoning Board of Appeals in the Town of Rochester.
It is sometimes difficult to maintain a quorum on the Planning Board and 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 required timeliness. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town's Planning Board or Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board as provided herein.
[Amended 4-7-2016 by L.L. No. 2-2016]
PLANNING BOARD
The Planning Board of the Town of Rochester as established by the Town Board by local law or ordinance, pursuant to the provisions of § 271 of the Town Law.
REGULAR MEMBER
An individual appointed by the Town Board to serve on the town's Planning Board 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.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Rochester as established by the Town Board by local law or ordinance, pursuant to the provisions of § 267 of the Town Law.
A. 
The Town Board of the Town of Rochester hereby enacts this chapter to provide a process for appointing one alternate member to the Planning Board and one alternate member to the Zoning Boards of Appeals. The alternate member would serve when regular members are unable to participate on an application or matter before the respective Board.
[Amended 4-7-2016 by L.L. No. 2-2016]
B. 
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board, or other duly authorized appointing authority, for a term of two year(s).
C. 
Alternate members shall be required to comply with the training requirements as set forth in § 34-3 of this Code as a condition of appointment.
[Amended 4-7-2016 by L.L. No. 2-2016]
D. 
The Chairperson of the Planning Board and the Zoning Board of Appeals shall designate the alternate member to substitute for a regular member for any application, matter or period of time (1) such regular member is recused due to conflict of interest; (2) such regular member has or will have extended absence from the Board of two or more consecutive meetings; or (3) to establish a quorum for a specific meeting. When so designated, the alternate member shall remain in place for all subsequent review of any specific applications until such time as the application is decided, except when seated to establish quorum for a specific meeting, and shall possess all the powers of a regular member of the Board. The Chairperson shall make such designation by verbal statement indicating which regular member is being substituted for and shall direct the secretary to indicate such designation in the minutes of each meeting or the specific application the alternate is substituted.
[Amended 4-7-2016 by L.L. No. 2-2016]
E. 
Any decision or determination of the Planning Board or the Zoning Board of Appeals which includes the vote of the alternate Planning Board or Zoning Board of Appeals member shall have equal force and effect as determinations made solely by a vote of the regular members of said Planning Board or Zoning Board of Appeals.
F. 
Alternate members shall not be seated with the regular members of the Board and shall not take part in the discussion of any application unless designated to substitute by the Chairperson.
[Added 4-7-2016 by L.L. No. 2-2016]