Town of Tusten, NY
Sullivan County
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[HISTORY: Adopted by the Town Board of the Town of Tusten as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 241.
Zoning — See Ch. 300.
[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:
A. 
Section 271 of the Town Law relating to the appointment of members to town planning boards; and
B. 
Section 267 of the Town Law relating to the appointment of members to town zoning boards of appeal.