[HISTORY: Adopted by the Common Council of
the City of Norwich as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-20-1998 by L.L. No. 1-1998]
[Amended 1-21-2003 by L.L. No. 1-2003]
On given occasions, members of the Zoning Board
of Appeals and Planning Commission may not be able to participate
in a meeting because of a non-conflict of interest situation, or are
faced with a conflict of interest, which may require the member to
recuse himself or herself from taking any part in the discussion or
decision on an application or issue. Such instances may make it difficult
to obtain a majority of the Board to move an action forward or to
take final action. In such cases where regular members of such Boards
are not able to participate, the use of alternate members is hereby
authorized pursuant to the provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
An individual appointed by the Mayor to serve on the Planning
Commission 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.
An individual appointed by the Mayor to serve on the Planning
Commission or the Zoning Board of Appeals pursuant to the provisions
of the local law or ordinance which first established such Planning
Commission or Zoning Board of Appeals.
The Planning Commission of the City of Norwich as established
by the Common Council by local law or ordinance pursuant to the provisions
of § 27 of the General City Law.
The Zoning Board of Appeals of the City of Norwich as established
by the Common Council by local law or ordinance pursuant to the provisions
of § 81 of the General City Law.
A.
The Common Council of the City of Norwich hereby enacts
this article to provide a process for appointing alternate members
of the Planning Commission and the Zoning Board of Appeals. These
individuals would serve when members are unable to participate on
an application or matter before the respective Commission or Board
to which they are appointed as an alternate.
[Amended 1-21-2003 by L.L. No. 1-2003]
B.
One alternate member of the Planning Commission and
two alternate members of the Zoning Board of Appeals shall be appointed
by the Mayor, for a term the length of which shall be the same as
a regular member. The alternate members shall have all of the responsibilities
of a member of the Commission or Board.[1]
C.
The Chairperson of their respective Commission or
Board shall designate, on a rotating basis from among the alternate
members, an alternate to substitute for a member when such member
is unable to participate on an application or matter before the Commission
or Board. When so designated, the alternate member shall possess all
the powers of such member of the Commission or Board. Such designation
shall be entered into the minutes of the initial meeting at which
the substitution is made.
[Amended 1-21-2003 by L.L. No. 1-2003]
D.
All provisions of state law relating to Planning Commission
and Zoning Board of Appeals member eligibility, vacancy in office,
removal, compatibility of offices and service on other commissions
and boards, as well as any provision or local law relating to training,
continuing education, compensation and attendance, shall also apply
to alternate members.
A.
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.
B.
It is the intent of the Common Council, pursuant to
§ 10 of the New York State Municipal Home Rule Law, to supersede
the provisions of:
