[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-5-2005 by L.L. No. 7-2005]
It is sometimes difficult to maintain a quorum on the Planning Commission,
because members are ill or on extended vacation or find they have a conflict
of interest situation on a specific matter before such Commission. 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 Mayor and approved by the Board of
Trustees to serve on the Planning Commission 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 Mayor and approved by the Board of
Trustees to serve on the Planning Commission pursuant to the provisions of
the law or resolution which first established such Planning Commission.
The Planning Commission of the Village of Hamburg as established
by the Village Board of Trustees by resolution pursuant to the provisions
of Article 12-A of the General Municipal Law.
A.
The Village Board of Trustees hereby enacts this article
to provide a process for appointing alternate members of the Planning Commission.
These individuals would serve when members are absent or unable to participate
on an application or matter before the respective Commission.
B.
Two alternate members of the Planning Commission shall
be appointed by the Village Mayor and approved by the Board of Trustees, for
a term of three years.
C.
The Chairperson of the Planning Commission may designate
an alternate to substitute for a member when such member is unable to participate
on an application or matter before the Commission. When so designated, the
alternate member shall possess all the powers and responsibilities of such
member of the Commission. Such designation shall be entered into the minutes
of each Planning Commission meeting at which the substitution is made.
D.
All provisions of state law relating to Planning Commission
member eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provisions of a local law 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 Board of
Trustees, pursuant to § 10 of the New York State Municipal Home
Rule Law, to supersede the provisions of § 7-718 of the Village
Law relating to the appointment of members to the Village Planning Commission.
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 section shall remain in effect.
