[HISTORY: Adopted by the Town Board of the Town of Eden as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-11-2002 by L.L. No. 8-2002]
This article shall be known and may be cited as the "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 Town of
Eden.
It is sometimes difficult to maintain a quorum on the Planning Board/Zoning
Board of Appeals because members may find they have a conflict of interest
situation on a specific matter or are unavailable for a meeting before such
Board. In such instances, official business cannot be conducted, which may
delay or impede adherence to required timelines. 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 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 because
of a conflict of interest or lack of a quorum, as provided herein.
An individual appointed by the Town Board to serve on the Town Planning
Board or the Zoning Board of Appeals pursuant to the provisions of the local
law or ordinance which first established such Planning Board/Zoning Board
of Appeals.
The Planning Board of the Town of Eden as established by the Town
Board by local law or ordinance, pursuant to the provisions of § 271
of the Town Law.
The Zoning Board of Appeals of the Town of Eden 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 Eden hereby enacts this article to
provide a process for appointing alternate members of the Planning Board/Zoning
Board of Appeals. These individuals would serve when members are unable to
participate on an application or matter before the respective Board because
of a conflict of interest or where a quorum is lacking.
B.
Alternate members of the Planning Board/Zoning Board
of Appeals shall be appointed by the Town Board for a term of one year.
C.
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 because
of a conflict of interest or where a quorum is lacking. When so designated,
the alternate member shall possess all the powers and responsibilities of
such member of this 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.
D.
All provisions of state law relating to Planning Board/Zoning
Board of Appeals eligibility, vacancy in office, removal, compatibility of
office and service on other boards, as well as any provisions of local law/local
ordinance relating to training, continuing education, compensation and attendance,
shall also apply to alternate members.