Town of Rosendale, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rosendale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 75.
[Adopted 5-9-2007 by L.L. No. 1-2007]
A. 
This article shall apply to the appointment, terms, functions, and powers of alternate members appointed to serve on the Zoning Board of Appeals of the Town of Rosendale.[1]
[1]
Editor's Note: For the establishment, powers and duties of the Zoning Board of Appeals, see Ch. 75, Zoning, Art. VIII.
B. 
In certain circumstances, it is difficult to establish the required quorum of the Zoning Board of Appeals because members have a conflict of interest on a specific matter before the Zoning Board of Appeals or members are ill or otherwise unable to attend a meeting. In such instances, no official business can be conducted, which may impede the rights and obligations of persons with issues before the Zoning Board of Appeals. The use of alternate members in such instances would ensure that matters before the Zoning Board of Appeals are addressed in a timely manner, and the use of alternate members is therefore 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 Zoning Board of Appeals and act as a member of same under circumstances where a member is prevented from participating because of conflict of interest, illness, or other inability to attend a meeting.
MEMBER
An individual appointed by the Town Board to serve on the Zoning Board of Appeals pursuant to the provisions of New York State Town Law § 267 and local law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Rosendale as established by the Town Board pursuant to New York State Town Law § 267.[1]
[1]
Editor's Note: See Ch. 75, Zoning, Art. VIII.
A. 
Pursuant to New York State Municipal Home Rule Law § 10(1)(a), the provisions of New York State Town Law § 267 are hereby superseded and the Town Board is hereby authorized to appoint up to three alternate members of the Town Zoning Board of Appeals to serve and act as a member of the Zoning Board of Appeals under circumstances where a member is prevented from participating because of conflict of interest, illness or other inability to attend a meeting. The alternate members of the Zoning Board of Appeals shall be appointed by resolution of the Town Board for terms of one year.
B. 
The Chairperson, or, in his or her absence, the Vice Chairperson, may designate one or more alternate members to act in place of one or more members when such member(s) is unable to participate because of a conflict of interest, illness or is otherwise unable to attend a meeting and such member's absence will result in the inability of the Zoning Board of Appeals to establish the necessary quorum of three members. In such case, the Chairperson, or the Vice Chairperson in his/her absence, shall designate one or more alternate members to serve in order to establish the required quorum for the meeting. When so designated, the alternate member(s) shall possess all the powers and responsibilities of a member of the Zoning Board of Appeals. Such designation shall be entered into the minutes of the Zoning Board of Appeals meeting at which the substitution is made.
C. 
All provisions of law relating to members' training, continuing education, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall apply to alternate members.