[HISTORY: Adopted by the Town Board of the Town of Guilderland as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 280.
[Adopted 1-16-2001 by L.L.
No. 3-2001]
This article may be known and shall be cited as the "Alternate 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
Zoning Board of Appeals in the Town of Guilderland.
It is sometimes difficult to maintain a quorum on the 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 time lines. The use of alternate members in such
instances is hereby authorized pursuant to the provisions of this article.
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 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 Zoning
Board of Appeals pursuant to the provisions of the local law or ordinance
which first established such Zoning Board of Appeals.
The Zoning Board of Appeals of the Town of Guilderland 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 Guilderland hereby enacts this article
to provide a process for appointing alternate members to its 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 Zoning Board of Appeals shall
be appointed by the Town Board or other duly authorized appointing authority,
for a term of one year.
C.
The Chairperson of the 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
Zoning Board of Appeals meeting at which the substitution is made.
D.
All provisions of state law relating to 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.
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 § 267 of the Town Law relating to the appointment of members
of town zoning boards of appeal.
