[Adopted 5-20-2010 by L.L. No. 1-2010]
This article shall be known as the "Alternate Zoning Board of
Appeals and Planning Board Member Law."
It is sometimes difficult to maintain a quorum on the Zoning
Board of Appeals and Planning Board because members are ill, on extended
vacation, have an unavoidable absence or find they have a conflict
of interest on a specific matter before the Board. In such instances,
official business cannot be conducted, which may delay or impede adherence
to required time lines. The use of alternate members in such instances
is hereby authorized pursuant to the provisions of this article. This
article is intended to provide for the appointment, terms, functions
and powers of alternate members appointed to serve on the Zoning Board
of Appeals and Planning Board in the Town of Pine Plains.
As used in this article, the following terms shall have the
meanings indicated:
An individual appointed by the Town Board to serve on the
Town Zoning Board of Appeals or Planning Board when a regular member
is absent or unable to participate on an application or matter before
the Board, as provided herein.
The Planning Board of the Town of Pine Plains as established
by the Town Board pursuant to the provisions of § 271 of
the Town Law.
An individual appointed by the Town Board to serve on the
Town Zoning Board of Appeals or Planning Board pursuant to the provisions
of the local law or ordinance which first established such Zoning
Board of Appeals or Planning Board.
The Zoning Board of Appeals of the Town of Pine Plains 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 Pine Plains hereby enacts this article to provide a
process for appointing alternate members of the Zoning Board of Appeals
and Planning Board. These alternate members would serve when regular
members are absent or unable to participate on an application or matter
before the Board.
B.
One
or more, but not more than three, alternate members of the Zoning
Board of Appeals and Planning Board shall be appointed by the Town
Board for a term of one year, with terms to expire on December 31
of appointment.
C.
In
the event the Town Board appoints more than one alternate to a board,
the Town Board shall designate one as the first alternate, another
as the second alternate, and a third as the third alternate.
D.
In
the event that one or more alternates are designated to serve by the
board chairperson, as provided for in this article, and there are
no remaining alternates for that board, the Town Board shall have
the authority to appoint such additional alternate member for the
Zoning Board of Appeals or Planning Board as may be necessary.
E.
The
Chairperson of the Zoning Board of Appeals and Planning Board may
designate an alternate to substitute for a regular member when such
regular member is absent or unable to participate on an application
or matter before the board. When so designated, the alternate member
shall possess all the powers and responsibilities of a regular member
of the board. Such designation shall be entered into the minutes of
the initial Zoning Board of Appeals or Planning Board meeting at which
the substitution is made.
F.
In
designating an alternate, the chairperson of the applicable board
shall designate the first alternate member of the board to serve.
If the first alternate member is unable or unwilling to serve, the
second alternate member shall be designated, and if the second alternate
member is unable or unwilling to serve, the third alternate shall
be designated.
G.
The
board chairperson shall appoint an alternate member of the board whenever
a regular member has a conflict of interest or is otherwise unable
to serve for an extended period of time or when necessary to fulfill
the quorum requirements for the board or for purposes of conducting
a vote on an application pending before the board. The board chairperson
may appoint an alternate board member in any other instance where
a regular board member is unable to serve.
H.
If
an alternate member is appointed because of a conflict of interest
or other reason which renders the regular member of the board unable
to act upon a particular application for an extended period of time
through the projected date for taking preliminary and/or final action
on the application, the alternate member shall serve for that application
until such time as a final vote is taken by the board on that application.
If the alternate board member is appointed because of absence, illness
or other cause which renders the regular board member unable to act
on a temporary basis, the alternate member shall serve until such
time as the regular board member is able to resume his or her duties.
I.
All
provisions of state or local law relating to Zoning Board of Appeals
and Planning Board eligibility, vacancy in office, removal, compatibility
of office, conflicts of interest, ethics and disclosure of conflict
of interest and service on other boards, as well as any provisions
of a local law or ordinance relating to training, continuing education,
compensation and attendance shall apply to alternate members.
J.
An
alternate board member, before voting on an application filed prior
to his or her appointment, shall certify to the chairperson of his
or her respective board that he or she has reviewed the application,
minutes of meetings and public hearings at which the application was
discussed or heard prior to his or her appointment, all plats, plans,
environmental documentation and all other documentation and information
related to the application before taking a vote on that application.
This article is hereby adopted pursuant to the provisions of
§ 10 of the NYS Municipal Home Rule Law and § 10
of the NYS Statute of Local Governments. It is the intent of the Town
Board, pursuant to § 10 of the NYS Municipal Home Rule Law,
to supersede provisions of § 267 of the Town Law relating
to the appointment of members to the Town Zoning Board of Appeals
and Local Law No. 1 of 2003.
