Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Webb, NY
Herkimer 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.
[HISTORY: Adopted by the Town Board of the Town of Webb as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 410.
Zoning — See Ch. 480.
[Adopted 10-10-2006 by L.L. No. 3-2006; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
This article shall be known as the "Alternate Members of Planning Board and Zoning Board of Appeals."
B. 
This article shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Webb.
On rare occasions, it is sometimes difficult to maintain a quorum on the Planning Board and/or 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 time lines. Also, it is essential to have trained members with up-to-date knowledge of what has been or will be discussed by each Board, thereby making available experienced alternates to fill future appointments as needed. 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 of Webb Planning Board or the Town of Webb Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town of Webb Planning Board or the Town of Webb Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board and Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Webb as established by the Town Board pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Webb as established pursuant to the provisions of § 267 of the Town Law.
A. 
The Town Board of the Town of Webb hereby enacts this article to provide a process for appointing alternate members of the Planning Board and the Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before the respective Board.
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 one or two years.
C. 
The Chairperson of the Planning Board or Zoning Board of Appeals may designate an alternate or substitute for a member when such member is unable to participate on an application or matter before said Board. 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 initial Planning Board or Zoning Board of Appeals meeting at which the substitution is made.
D. 
All provisions of state law relating to Planning Board or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of state or local law relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
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. It is the intent of the Town Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of:
A. 
Section 271 of the New York State Town law relating to the appointment of alternate members to town planning boards; and/or
B. 
Section 267 of the New York State Town Law relating to the appointment of alternate members to town zoning boards of appeals.