Town of Wales, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wales as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 181.
Zoning — See Ch. 200.
[Adopted 9-13-2000 by L.L. No. 4-2000]

§ 48-1 Short title and applicability.

A. 
Alternate Planning Board and ZBA Members Act.
B. 
This article shall apply to the appointments, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Wales.

§ 48-2 Declaration of policy.

It is sometimes difficult to maintain a quorum on the Planning Board and 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.

§ 48-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or 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.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or Town 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 Wales as established by the Town Board by local law, pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Wales as established by the Town Board by Local Law pursuant to the provisions of § 267 of the Town Law.

§ 48-4 Authorization; effect.

A. 
The Town Board of the Town of Wales 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. 
Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by resolution of the Town Board for terms established by the Town Board.
C. 
The Chairperson of the Planning Board and 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 and Zoning Board of Appeals meeting at which the substitution is made.
D. 
All provisions of state law relating to Planning Board and 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 ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

§ 48-5 Supersession of statutes.

This article is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule and § 10 of the New York State Statute of Local Governments. It is the intent of the Town Board pursuant to § 20 of the New York State Municipal Home Rule Law to supersede the provisions of:
A. 
Section 271 of the Town Law relating to the appointment of members to the Town Planning Board; and
B. 
Section 267 of the Town relating to the appointment of members to the Town Zoning Board of Appeals.
[Adopted 12-29-2009 by L.L. No. 2-2009]

§ 48-6 Membership.

The membership of the Town of Wales Planning Board shall be decreased from seven members to five members, to take effect upon the next two expirations of terms. No incumbent shall be removed from office except upon the expiration of his or her term, except as provided by § 271 of the New York Town Law.