[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 2-15-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
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.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
An individual appointed by the Town Board to serve on the
Planning Board or the Zoning Board of Appeals.
The Planning Board of the Town of Wawayanda as established
by the Town Board pursuant to § 271 of the Town Law.
The Zoning Board of Appeals of the Town of Wawayanda as established
by the Town Board pursuant to § 267 of the Town Law.
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.
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.
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.
