[HISTORY: Adopted by the Town Board of the
Town of Malta 4-3-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
A.
This chapter shall be known and may be cited as the
"Alternate Planning Board and Zoning Board of Appeals Members Act."
B.
This chapter 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 Malta.
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 timeliness. The use of alternate members in such instances
is hereby authorized pursuant to the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual appointed by the Town Board to serve on the
Town of Malta Planning Board or the Town of Malta Zoning Board of
Appeals when a regular member is unable to participate on an application
or matter before the respective Board, as provided herein.
An individual appointed by the Town Board to serve on the
Town of Malta Planning Board or the Town of Malta Zoning Board of
Appeals pursuant to the provisions of the local law or ordinance which
first established such Planning Board and Zoning Board of Appeals.
The Planning Board of the Town of Malta as established by
the Town Board by local law or ordinance, pursuant to the provisions
of § 271 of the Town Law § 239-c of the General
Municipal Law.
The Zoning Board of Appeals of the Town of Malta as established
by the Town Board by local law or ordinance, pursuant to the provisions
of § 267 of the Town Law.
A.
The Town Board of the Town of Malta hereby enacts
this chapter 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 matter before the respective Board.
B.
Alternate members of the Planning Board and Zoning
Board of Appeals shall be appointed by the Town Board or other duly
authorized appointing authority for a term of two years.
C.
The chairperson of the Planning Board or 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
said 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 or Zoning Board of Appeals meeting at which the substitution
is made.
D.
All provisions of state law relating to Planning Board
or 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 or local ordinance relating to training,
continuing education, compensation and attendance, shall also apply
to alternate members.
This chapter is hereby adopted pursuant to the
provision 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:
