Town of Urbana, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Urbana as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Training for Planning Board and Zoning Board of Appeals — See Ch. 16, Art. I.
Planning Board — See Ch. 18.
Zoning Board of Appeals — See Ch. 105, Art. VI.
[Adopted 2-11-2003 by L.L. No. 1-2003]
This article is enacted pursuant to the authority of Chapter 365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law authorizing towns to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession.
In order to permit the Planning Board to transact business in the event that absence or conflicts of interest preclude a full membership of five members from considering a particular matter, it is deemed advantageous by the Town Board of the Town of Urbana to enact a local law superseding Town Law § 271, Subdivision 15 to provide for the appointment of ad hoc members to the Planning Board.
Section 271, Subdivision 15 of the Town Law of New York State is hereby amended and superseded in its application to the Town of Urbana by adding thereto the following new subparagraphs:
A. 
The Town Board of the Town of Urbana may, in any year it deems necessary, appoint temporary ad hoc members to the Planning Board to serve as provided in this section. The number of temporary members so appointed pursuant to this section in any year shall not exceed three. Each temporary member shall be appointed for a one-year term of office.
B. 
The Chairman of the Planning Board shall assign the temporary members as necessary when absence of regular members of the Board or a or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending matter. No more than two temporary members shall sit in determination on any pending matter. The temporary members shall, so far as is reasonably possible, be designated on a rotating basis in the manner which may be provided in the general governing rules of the Planning Board so that each temporary member shall be afforded a reasonably equal opportunity to serve. Once designated to serve on a particular matter before the Board, the temporary member shall have the same powers and duties as regular members of the Board until the matter is concluded. Any determination by the Board consisting of temporary members shall have the same weight and be entitled to the same authority as the act or deed of the regular Planning Board, and all laws, statutes and regulations shall apply and be applied with equal force and effect.
C. 
All the provisions of the presently existing Urbana Town Code Chapter 16 relative to the Planning Board as well as all New York State laws relative to eligibility, vacancy in office, removal, compatibility of office and service on other boards as well as any provisions of the Town Code relating to training, continuing education, compensation and attendance shall apply to alternate Planning Board members.
[Adopted 2-11-2003 by L.L. No. 2-2003]
This article is enacted pursuant to the authority of Chapter 365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law authorizing towns to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession.
In order to permit the Zoning Board of Appeals to transact business in the event that absence or conflicts of interest preclude a full membership of five members from considering a particular matter, it is deemed advantageous by the Town Board of the Town of Urbana to enact a local law superseding Town Law § 267, Subdivision 11 to provide for the appointment of ad hoc members to the Planning Board.
Section 267, Subdivision 11 of the Town Law of New York State is hereby amended and superseded in its application to the Town of Urbana by adding thereto the following new subparagraphs:
A. 
The Town Board of the Town of Urbana may, in any year it deems necessary, appoint temporary ad hoc members to the Zoning Board of Appeals to serve as provided in this section. The number of temporary members so appointed pursuant to this section in any year shall not exceed three. Each temporary member shall be appointed for a one-year term of office.
B. 
The Chairman of the Zoning Board of Appeals shall assign the temporary members as necessary when absence of regular members of the Board or a or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending matter. No more than two temporary members shall sit in determination on any pending matter. The temporary members shall, so far as is reasonably possible, be designated on a rotating basis in the manner which may be provided in the general governing rules of the Zoning Board of Appeals so that each temporary member shall be afforded a reasonably equal opportunity to serve. Once designated to serve on a particular matter before the Board, the temporary member shall have the same powers and duties as regular members of the Board until the matter is concluded. Any determination by the Board consisting of temporary members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board of Appeals, and all laws, statutes and regulations shall apply and be applied with equal force and effect.
C. 
All the provisions of the presently existing Urbana Town Code Chapter 16 relative to the Zoning Board of Appeals as well as all New York State laws relative to eligibility, vacancy in office, removal, compatibility of office and service on other boards as well as any provisions of the Town Code relating to training, continuing education, compensation and attendance shall apply to alternate Zoning Board of Appeals members.