Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda 2-15-2000 by L.L. No. 2-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 32.
Zoning Board of Appeals — See Ch. 195, Art. IX.

§ 3-1 Legislative intent.

This chapter shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and the Zoning Board of Appeals in the Town of Wawayanda.

§ 3-2 Declaration of policy.

It is sometimes difficult to maintain or convene a quorum of the Planning Board and the Zoning Board of Appeals because of members' business commitments, illness, vacations, conflicts of interest and other similar valid reasons. In such instances, official business cannot be conducted which may delay or impede adherence to required time limits. Therefore, the use of alternate members is hereby authorized pursuant to the provisions of this chapter.

§ 3-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual, appointed by the Town Board to a respective Board, who is available for the purpose of attending and voting at a meeting of the Planning Board and the Zoning Board of Appeals duly called and held, 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 Planning Board or the Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Wawayanda as established by the Town Board pursuant to § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Wawayanda as established by the Town Board pursuant to § 267 of the Town Law.

§ 3-4 Authorization; appointment.

A. 
The Town Board of the Town of Wawayanda hereby enacts this chapter to provide a process for appointing alternate members of the Planning Board and the Zoning Board of Appeals. These individuals would serve when regular members are absent or unable to participate on an application or matter before the respective Board.
B. 
Two alternate members for each of the Planning Board and the Zoning Board of Appeals shall be appointed by the Town Board for a term of one year, with the terms to expire on December 31 of the next year after the date of appointment.
C. 
The Chairperson of the respective Board may designate an alternate member to substitute for a regular member solely for those meetings when such member is unable to participate on an application or matter before his/her Board. When so designated for the particular meeting at which a member is unable to attend, the alternate member shall possess all the powers and responsibilities of such regular member, including any and all voting powers in the event a vote is taken thereat. Such designation shall be entered into the minutes of the meeting(s) at which the substitution of the alternate member is made upon a statement by the Chairperson of the reason for the substitution. The same attendance requirements and compensation shall be applicable to alternate members as to regular members.
D. 
Except as hereinafter provided, all provisions of law shall apply to alternate members in the same manner as it applies to regular members.
E. 
Appointment as an alternate member shall not automatically entitle such member to become a regular member or appointee upon a vacancy or resignation.

§ 3-5 Supersession of state law.

This chapter is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law. With respect to the appointment and function of alternate members, it is the intent of the Town Board to supersede §§ 267 and 271 of the Town Law.

§ 3-6 Severability; interpretation of provisions.

A. 
This chapter shall be deemed to supersede and repeal any other local law to the extent that the same is inconsistent herewith.
B. 
In the event a portion of this chapter shall be declared invalid, void, unconstitutional or unenforceable, the unaffected portions hereof shall survive and remain in full force and effect.
C. 
Nothing contained herein shall be deemed to be a waiver or restriction upon the rights and powers of the Town of Wawayanda to further regulate the subject matter of this chapter.