[HISTORY: Adopted by the Town Board of the Town of Tusten
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-8-2001 by L.L. No. 2-2001]
This article shall be known and may be cited as the "Alternate
Planning Board and ZBA Members Act." This article shall apply to the
appointment, terms, functions and powers of alternate members appointed
to serve on the Planning Board/Zoning Board of Appeals in the Town
of Tusten.
It is sometimes difficult to maintain a quorum on the Planning
Board/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. 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 Planning Board or the Town 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 Planning Board or the Town Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board/Zoning Board of Appeals.
- PLANNING BOARD
- The Planning Board of the Town of Tusten as established by
the Town Board by local law or ordinance pursuant to the provisions
of § 271 of the Town Law.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Town of Tusten as established
by the Town Board by local law or ordinance pursuant to the provisions
of § 267 of the Town Law.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Board of Tusten hereby enacts this article to provide
a process for appointing alternate members to the Planning Board/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.
A.
Alternate
members of the Planning Board/Zoning Board of Appeals shall be appointed
by the Town Board or other duly authorized appointing authority, for
a term of seven years for the Planning Board and five years for the
Zoning Board of Appeals.
B.
The
Chairperson of the Planning Board/Zoning Board of Appeals may designate
an alternate to substitute for a member when such member is 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 such member of the board. Such designation shall
be entered into the minutes of the initial Planning Board/Zoning Board
of Appeals meeting at which the substitution is made.
C.
All
provisions of state law relating to Planning Board/Zoning Board of
Appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law/local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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:
