[Added 5-16-2002 by L. L. No.3-2002]
The title of this article is "Alternate Planning
Board and Zoning Board of Appeals Members Act." This article shall
apply to the appointment, terms, functions and powers of alternate
members appointed to serve on the Planning Board and Zoning Board
of Appeals in the Village of Lake Grove.
It is sometimes difficult to maintain a quorum
on the Planning Board and Zoning Board of Appeals, because members
are ill, on extended vacation, have work-related conflicts or find
they have a conflict of interest situation on a specific matter before
such Board. In such instance, official business cannot be conducted
which may delay or impede adherence to required timeliness. 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:
An individual appointed by the Village Board of Trustees
to serve on the Village Planning Board and Zoning Board of Appeals
when a regular member is unable to participate on an application or
matter before the respective Board, as provided herein.
The Planning Board of the Village of Lake Grove as established by the Village Board of Trustees under Village Code § 175-59 pursuant to the provisions of the § 7-718 of Village Law.
The Zoning Board of Appeals of the Village of Lake Grove as established by the Village Board of Trustees under § 175-59 pursuant to the provisions of § 7-712 of the Village Law.
A.
The Lake Grove Village Board of Trustees hereby enacts
this article to provide a process for appointing alternate members
of the Planning Board and Zoning Board of Appeals. These individuals
would serve when members are absent or unable to participate on an
application or mailer before the respective Board.
B.
Alternate members of the Planning Board and Zoning
Board of Appeals shall be appointed by the Village Board of Trustees
or other duly authorized appointing authority, for a term of one year.
C.
The Chairperson of the Planning Board and Zoning Board
of Appeals may designate an alternate to substitute for a member when
such member is unable to participate on an application or mailer 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 and Zoning Board of Appeals meeting at which the substitution
is made.
D.
All provisions of state law relating to Planning Board
and Zoning Board of Appeals member eligibility, vacancy in office,
removal, compatibility of office and service on other boards, as well
as any provision of a local law/local ordinance relating to training,
continuing education, compensation and attendance, shall also apply
to alternate members.
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 Village Board of Trustees, pursuant
to § 10 of the New York State Municipal Home Rule Law, to
supersede the provisions of:
If any provisions of this article are held to
be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of the local law shall remain
in effect.
This article shall take effect upon the filing
with the Secretary of State.
