[HISTORY: Adopted by the Board of Trustees of the Village
of Fairport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-9-2011 by L.L. No. 1-2011]
As used in this chapter, the following terms shall have the
meanings indicated:
An individual appointed by the Board of Trustees to serve
on the Planning Board when a member is unable to participate on a
matter before the board, as provided herein.
An individual appointed by the Board of Trustees to serve
on the Planning Board.
The duly constituted Planning Board of the Village of Fairport.
The Mayor, subject to approval by the Board of Trustees, shall
appoint up to two alternate members of the Planning Board in the same
manner and for the same term as a regular member thereof.
A.
The Chair of the Planning Board may designate an alternate member
to sit and participate in hearings and all other deliberations of
the Planning Board when the Chair determines that without such appointment
there will be less than a full complement of the Board in attendance.
Such designation shall be entered in the minutes of the meeting.
B.
When designated, an alternate member shall have all the authority
of a member of the Board.
C.
The designation of an alternate member to sit, hear and determine
shall terminate at the conclusion of the meeting at which the designation
is made.
D.
To the extent practicable, the Chair should alternate designations
between alternate members.
This chapter is enacted pursuant to authority conferred by the
Municipal Home Rule Law. To the extent that this chapter, or the manner
of its adoption, is inconsistent with Article 7 of the Village Law,
the Uniform Zoning Law[1] of the Village of Fairport, or any other statute or local
law, this chapter shall prevail, pursuant to the supersession power
granted villages by Municipal Home Rule Law § 10(1)(ii)(e)(3).
It is the intent hereof to supersede § 7-718(16) of the
Village Law as it pertains to the appointment of alternate members
of a Planning Board.
The provisions of this chapter shall not affect or impair any
act done, offense committed or right accruing, accrued or acquired,
or liability or penalty, forfeiture or punishment incurred prior to
the time this chapter takes effect, but the same may be enjoyed, asserted,
enforced, prosecuted or inflicted as fully and to the same extent
as if such article had not been enacted.
