Town of Potsdam, NY
St. Lawrence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Potsdam as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Board member attendance at meetings — See Ch. 18, Art. I.

Subdivision of land — See Ch. 93.

Zoning — See Ch. 110.

ARTICLE I
Alternate Members (§ 28-1 — § 28-6) 

[Adopted 6-17-2004 by L.L. No. 3-2004]

§ 28-1
Applicability. 

§ 28-2
Declaration of policy. 

§ 28-3
Definitions. 

§ 28-4
Appointment; applicability of other provisions. 

§ 28-5
Supersession of statutory provisions. 

§ 28-6
Additional regulation. 

§ 28-1 Applicability.

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 Potsdam.

§ 28-2 Declaration of policy.

It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or 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 time lines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this article.

§ 28-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALTERNATE MEMBER
An individual appointed by the Town Board when a regular member is unable to participate on an application or matter before the respective board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board or Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Potsdam as established by the Town Board on April 24, 1958.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Potsdam as established by the Town Board, pursuant to the provisions of § 267 of the Town Law.

§ 28-4 Appointment; applicability of other provisions.

A. 

The Town Board of the Town of Potsdam 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 matter before the respective Board.

B. 

An alternate member of the Planning Board and an alternate member of the Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority, for a term of three years with the terms to expire on December 31 of the third year after the date of their appointment.

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 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 meeting or Zoning Board of Appeals meeting, during which the substitution is made.

D. 

All provisions of state law relating to the 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/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

§ 28-5 Supersession of statutory provisions.

This article is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of:

A. 

Section 271(15) of the Town Law relating to the appointment of alternate members to Town Planning Boards; and/or

B. 

Section 267(11) of Town Law relating to the appointment of alternate members to Town Zoning Board of Appeals.

§ 28-6 Additional regulation.

Nothing herein shall be deemed to be a waiver or restriction upon any rights and powers available to the Town of Potsdam to further regulate the subject matter of this article.